(1) how many eligible participants have partici-
pated in the program; 
(2) how many jobs have been created through 
the program, directly and indirectly; 
(3) what steps could be taken to promote fur-
ther 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; 
(5) any waste, fraud, or abuse with respect to 
such funds; and 
(6) any other information the Secretary con-
siders appropriate. 
(c) NONCOMPLIANCE.—The Secretary shall require 
rebate aggregators, States, and Indian tribes to provide 
the information required to enable the Secretary to carry 
out this section. If the Secretary determines that a rebate 
aggregator, State, or Indian tribe has not provided such 
information on a timely basis, 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 withholding of funds or reduction of future 
grant amounts, or decertification of rebate aggregators. 
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SEC. 12. ADMINISTRATION. 
(a) IN GENERAL.—Subject to section 15(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 this Act. 
(b) 
APPOINTMENT
OF
PERSONNEL.—Notwith-
standing the provisions of title 5, United States Code, gov-
erning appointments in the competitive service and Gen-
eral Schedule classifications and pay rates, the Secretary 
may appoint such professional and administrative per-
sonnel as the Secretary considers necessary to carry out 
this Act. 
(c) RATE OF PAY.—The rate of pay for a person ap-
pointed under subsection (b) shall not exceed the max-
imum 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 con-
sultants on a noncompetitive basis as the Secretary con-
siders 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, 
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or the Federal Acquisition Regulation on a determination 
that circumstances make compliance with the provisions 
contrary to the public interest. 
(f) INFORMATION COLLECTION.—The Secretary shall 
establish, and make available to a homeowner, or the 
homeowner’s designated representative, seeking a rebate 
under this Act, release forms authorizing access by the 
Secretary, or a designated third-party representative to in-
formation in the utility bills of the homeowner. The form 
shall not include personal identifying information such as 
name, address, social security number or other identifying 
information as defined by the Secretary. 
SEC. 13. TREATMENT OF REBATES. 
(a) IN GENERAL.—For purposes of the Internal Rev-
enue Code of 1986, rebates received for a qualified home 
energy efficiency retrofit under this Act— 
(1) shall not be considered taxable income to a 
homeowner; and 
(2) shall prohibit the consumer from applying 
for a tax credit allowed under section 25C or 25D 
of that Code for the same retrofit work performed 
in the home of the homeowner. If the work is addi-
tional, and not included in the rebate baseline, a 
homeowner may claim the credit. 
(b) NOTICE.— 
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(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 Sec-
retary, in consultation with the Secretary of the 
Treasury. 
SEC. 14. PENALTIES. 
(a) IN GENERAL.—It shall be unlawful for any per-
son to violate this Act (including any regulation issued 
under this Act), other than a violation as the result of 
a clerical error. 
(b) CIVIL PENALTY.—In addition to any penalty ap-
plicable under other Federal law for fraud or other crimes, 
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 
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(2) require from any entity the records and in-
spections necessary to enforce this Act. 
SEC. 15. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out this Act 
$250,000,000 for each of fiscal years 2016 through 
2019, to remain available until expended. 
(2) MAINTENANCE OF FUNDING.—Funds pro-
vided 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 amounts provided 
under subsection (a), not more than 6 percent shall 
be used to carry out section 9. 
(2) DISTRIBUTION
TO
STATE
ENERGY
OF-
FICES.—Not later than 45 days after the date of en-
actment of this Act, the Secretary shall determine a 
formula to provide funds described in paragraph (1) 
to State energy offices, in accordance with the allo-
cation formula for State energy conservation plans 
established under part D of title III of the Energy 
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Policy and Conservation Act (42 U.S.C. 6321 et 
seq.). 
(c) TRACKING OF REBATES AND EXPENDITURES.— 
Of the amount provided under subsection (a), not more 
than 2.5 percent are authorized to be appropriated to the 
Secretary to be used for costs associated with tracking re-
bates and expenditures through the Federal Rebate Proc-
essing System under this Act, technical assistance to 
States, and related administrative costs incurred by the 
Secretary. 
(d) PROGRAM REVIEW AND BACKSTOP FUNDING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall perform a State-by-State analysis and 
review the distribution of Home Energy Savings 
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 En-
ergy Savings Retrofit Rebate Program. 
(e) RETURN OF UNDISBURSED FUNDS.—If the Sec-
retary has not disbursed all the funds available for rebates 
under the Home Energy Savings Retrofit Rebate Program 
by September 30, 2019, any undisbursed funds shall be 
returned to the Treasury. 
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SEC. 16. PILOT PROGRAM. 
(a) ESTABLISHMENT.—Notwithstanding any other 
provision of this Act, the Secretary shall establish a Resi-
dential Energy Efficiency Pay for Performance pilot pro-
gram for States to encourage the use of measured energy 
savings, and financial payments for those energy savings, 
in the operation of residential energy efficiency programs. 
Not later than 180 days after the date of enactment of 
this Act, the Secretary shall provide common measure-
ment criteria, developed with the input from home per-
formance industry stakeholders, to ensure comparability 
among programs but allow flexibility in program design. 
The Secretary shall establish a competitive program with 
grants to be provided to no less than 5 State energy offices 
with 
a 
total 
authorization 
of 
appropriations 
of 
$100,000,000. 
(b) DEFINITION.—In this section, the term ‘‘State 
energy office’’ means the office or agency of a State re-
sponsible for developing the State energy plan for the 
State under section 362 of the Energy Policy and Con-
servation Act (42 U.S.C. 6322). 
Æ 
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