[Congressional Record Volume 156, Number 48 (Thursday, March 25, 2010)]
[Senate]
[Pages S2116-S2129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. LANDRIEU (for herself, Ms. Snowe, and Mr. Durbin):
S. 3165. A bill to authorize the Administrator of the Small Business
Administration to waive the non-Federal share requirement under certain
programs; to the Committee on Small Business and Entrepreneurship.
Ms. LANDRIEU. Mr. President, as Chair of the Committee on Small
Business and Entrepreneurship, I am pleased to join the Committee's
Ranking Member, Senator Olympia Snowe of Maine, and my distinguished
colleague from Illinois, Senator Richard Durbin, in introducing the
Small Business Community Partners Relief Act of 2010. This bi-partisan
legislation will provide much-needed relief to Women's Business
Centers, WBCs, and SBA Microloan intermediaries--two Small Business
Administration, SBA, resource partners that provide critical assistance
to our Nation's 29 million small businesses.
For my colleagues who may not be familiar with these programs, let me
first explain the vital role of WBCs and Microloan intermediaries and
the importance of aiding the small businesses these centers target.
Women's Business Centers provide quality counseling and training
services to all entrepreneurs, primarily women, and especially those
who are socially and economically disadvantaged. More than 110 centers
across the country help more than 150,000 clients annually on a vast
array of topics--from how to write a business plan to where to get
financing. Many WBCs provide multilingual services and a number offer
daycare services, allowing mothers with children to attend training
classes.
Microloan intermediaries provide small, short-term loans to start-ups
or small growing firms that cannot access credit through traditional
loan programs. Like WBCs, the 160 Microloan
[[Page S2117]]
intermediaries throughout the nation also help entrepreneurs manage
their start-up and expand while creating or saving thousands of jobs.
Also like WBCs, the Microloan intermediaries tend to serve
disadvantaged businesses in areas of the country that have been hit the
hardest by the recession. About 48 percent of microloans go to small
businesses owned by women, and about 53 percent to minority-owned small
businesses.
Aiding women and minority small business owners is vital to the
economic success of our nation because women-owned and minority-owned
businesses are the fastest growing segments of the small business
community--creating hundreds of thousands of jobs. Women-owned
businesses contribute nearly $3 trillion to our economy and create or
save 23 million jobs each year, according to the Center for Women's
Business Research. Minority-owned firms contribute nearly $700 billion
to the economy and create or save 4.7 million jobs, according to the
Department of Commerce's Minority Business Development Agency.
While minority and women-owned firms do contribute greatly to the
economy, they still need our help. Even though the number of minority-
owned firms has grown by 35 percent, the average gross receipts for
those firms dropped by 16 percent. Women-owned firms meanwhile have
lower revenues and fewer employees than their male-owned counterparts--
although 6 percent of men-owned businesses have revenues of $1 million
or more, only 3 percent of women-owned firms reach the $1 million
marker.
In this economic downturn, minority and women-owned businesses are
struggling even more than usual. When they go to their local WBC or
Microloan intermediary they are finding these centers of aid and
counseling struggling as well. That's because, in order to receive
Federal money, the centers and intermediaries must also find matching
local funds. This funding often comes from local governments,
universities and private entities. But these partners have had to
tighten their belts, cutting much of their funding to the WBCs and
Microloan intermediaries.
Without matching funding from their local partners, some WBCs and
Microloan intermediaries have had to reduce or refuse Federal money.
Nine WBCs have closed or requested reduced funding in the last year and
many intermediaries are struggling to keep their doors open, even in
the face of record demand for their services.
The Small Business Community Partner Relief Act would enable the SBA
Administrator to temporarily waive the non-Federal match funding
requirement, allowing struggling WBCs and Microloan intermediaries to
receive the full amount of Federal support available. This change will
make it possible for the centers and intermediaries to continue serving
those small businesses that need help the most in these difficult
times.
I look forward to working with Ranking Member Snowe, Senator Durbin
and my colleagues in the Senate to make this necessary change a reality
for the hundreds of centers and intermediaries throughout the country,
and the millions of small businesses that rely on these programs to
help them survive, grow and create jobs.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3165
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 ``Small Business Community
Partner Relief Act of 2010''.
SEC. 2. MATCHING REQUIREMENTS UNDER SMALL BUSINESS PROGRAMS.
(a) Microloan Program.--Section 7(m) of the Small Business
Act (15 U.S.C. 636(m)) is amended--
(1) in paragraph (3)(B)--
(A) by striking ``As a condition'' and inserting the
following:
``(i) In general.--Subject to clause (ii), as a
condition'';
(B) by striking ``the Administration'' and inserting ``the
Administrator''; and
(C) by adding at the end the following:
``(ii) Waiver of non-federal share.--
``(I) In general.--Upon request by an intermediary, and in
accordance with this clause, the Administrator may waive, in
whole or in part, the requirement to obtain non-Federal funds
under clause (i) for a fiscal year. The Administrator may not
waive the requirement for an intermediary to obtain non-
Federal funds under this clause for more than a total of 2
fiscal years.
``(II) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this clause,
the Administrator shall consider--
``(aa) the economic conditions affecting the intermediary;
``(bb) the impact a waiver under this clause would have on
the credibility of the microloan program under this
subsection;
``(cc) the demonstrated ability of the intermediary to
raise non-Federal funds; and
``(dd) the performance of the intermediary.
``(III) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this clause if
granting the waiver would undermine the credibility of the
microloan program under this subsection.''; and
(2) in paragraph (4)(B)--
(A) by striking ``As a condition'' and all that follows
through ``the Administration shall require'' and inserting
the following:
``(i) In general.--Subject to clause (ii), as a condition
of a grant made under subparagraph (A), the Administrator
shall require''; and
(B) by adding at the end the following:
``(ii) Waiver of non-federal share.--
``(I) In general.--Upon request by an intermediary, and in
accordance with this clause, the Administrator may waive, in
whole or in part, the requirement to obtain non-Federal funds
under clause (i) for a fiscal year. The Administrator may not
waive the requirement for an intermediary to obtain non-
Federal funds under this clause for more than a total of 2
fiscal years.
``(II) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this clause,
the Administrator shall consider--
``(aa) the economic conditions affecting the intermediary;
``(bb) the impact a waiver under this clause would have on
the credibility of the microloan program under this
subsection;
``(cc) the demonstrated ability of the intermediary to
raise non-Federal funds; and
``(dd) the performance of the intermediary.
``(III) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this clause if
granting the waiver would undermine the credibility of the
microloan program under this subsection.''.
(b) Women's Business Center Program.--Section 29(c) of the
Small Business Act (15 U.S.C. 656(c)) is amended--
(1) in paragraph (1), by striking ``As a condition'' and
inserting ``Subject to paragraph (5), as a condition''; and
(2) by adding at the end the following:
``(5) Waiver of non-federal share relating to technical
assistance and counseling.--
``(A) In general.--Upon request by a recipient
organization, and in accordance with this paragraph, the
Administrator may waive, in whole or in part, the requirement
to obtain non-Federal funds under this subsection for the
technical assistance and counseling activities of the
recipient organization carried out using financial assistance
under this section for a fiscal year. The Administrator may
not waive the requirement for a recipient organization to
obtain non-Federal funds under this paragraph for more than a
total of 2 fiscal years.
``(B) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this paragraph,
the Administrator shall consider--
``(i) the economic conditions affecting the recipient
organization;
``(ii) the impact a waiver under this clause would have on
the credibility of the women's business center program under
this section;
``(iii) the demonstrated ability of the recipient
organization to raise non-Federal funds; and
``(iv) the performance of the recipient organization.
``(C) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this paragraph
if granting the waiver would undermine the credibility of the
women's business center program under this section.''.
______
By Mr CARPER (for himself and Mr. Coburn):
S. 3167. A bill to amend title 13 of the United States Code to
provide for a 5-year term of office for the Director of the Census and
to provide for authority and duties of the Director and Deputy Director
of the Census, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.
Mr. CARPER. Mr. President, today, as Chairman of the Subcommittee on
Federal Financial Management, Government Information, Federal Services,
and International Security, I introduce the Census Oversight Efficiency
and Management Reform Act of 2010.
With exactly one week left until Census Day, I think we can all take
pride in the excellent work that the Census Bureau has done over the
past few months to get the 2010 Census back on
[[Page S2118]]
track. The Census Bureau's significance and the importance of its work
cannot be overstated.
In fact, the requirement to enumerate the population is enshrined in
the American Constitution. And the founding fathers asked us to do this
each 10 years, as a cornerstone of their aspiration for effective
representative democracy. They even went so far as to levy a $20 fine
for noncompliance in 1790. They knew the fairness of our government
required everyone to participate in the census.
Over the time, the Census process and procedure has changed
remarkably from when the very first Census was conducted on horseback
to today where Census workers utilize cutting edge technology to
collect and transmit data. Even as the technology surrounding the
Census has evolved the importance of its work has remained constant
throughout American history. Yet despite its critical importance, the
past three censuses have been deemed ``at risk'' and have been the
subject of great controversy under Democratic and Republican
administrations alike.
Just over 2 years ago, there were serious last-minute census design
changes due to the failure of a project involving the census takers
using handheld computers which threatened to derail the 2010 Census.
Further, the cost of census taking has continued to escalate over the
years. The cost of the 2010 Census is estimated to be $14.7 billion,
making it the most expensive census in history.
Looking ahead, research and development for the 2020 Census is
already underway and we must begin to think now about how we can
advance the Census Bureau into a 21st century statistical agency.
The legislation that I am introducing today would make the Director
of the Census Bureau a presidential appointment of 5 years, creating
continuity across administrations. The bill would also require annual
reporting on the Bureau's performance goals and risk mitigation
strategies.
This will provide Congress with regular updates throughout the decade
on the progress being made and an earlier warning when there are
problems on the horizon. Further, encouraging the use of the Internet
for data collection in the decennial census presents important
opportunities for cost reductions and improvements in data quality.
I believe that these legislative reforms will ensure that the 2020
Census will be conducted without the operational problems we have seen
in the past and with the most efficient use of taxpayer dollars
possible.
I urge my colleagues to support this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3167
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 ``Census Oversight Efficiency
and Management Reform Act of 2010''.
SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR
OF THE CENSUS.
(a) In General.--Section 21 of the title 13, United States
Code, is amended to read as follows:
``Sec. 21. Director of the Census; Deputy Director of the
Census; authority and duties
``(a) Definitions.--As used in this section--
``(1) `Director' means the Director of the Census;
``(2) `Deputy Director' means the Deputy Director of the
Census; and
``(3) `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
``(b) Director of the Census.--
``(1) Appointment.--
``(A) In general.--The Bureau shall be headed by a Director
of the Census, appointed by the President, by and with the
advice and consent of the Senate.
``(B) Qualifications.--Such appointment shall be made from
individuals who have a demonstrated ability in management and
experience in the collection, analysis, and use of
statistical data.
``(2) General authority and duties.--
``(A) In general.--The Director shall report directly to
the Secretary without being required to report through any
other official of the Department of Commerce.
``(B) Duties.--The Director shall perform such duties as
may be imposed upon the Director by law, regulations, or
orders of the Secretary.
``(C) Independence of director.--No officer or agency of
the United States shall have any authority to require the
Director to submit legislative recommendations, or testimony,
or comments for review prior to the submission of such
recommendations, testimony, or comments to Congress if such
recommendations, testimony, or comments to Congress include a
statement indicating that the views expressed therein are
those of the Bureau and do not necessarily represent the
views of the President.
``(3) Term of office.--
``(A) In general.--The term of office of the Director shall
be 5 years, and shall begin on January 1, 2012, and every
fifth year thereafter. An individual may not serve more than
2 full terms as Director.
``(B) Vacancies.--Any individual appointed to fill a
vacancy in such position, occurring before the expiration of
the term for which such individual's predecessor was
appointed, shall be appointed for the remainder of that term.
The Director may serve after the end of the Director's term
until reappointed or until a successor has been appointed,
but in no event longer than 1 year after the end of such
term.
``(C) Removal.--An individual serving as Director may be
removed from office by the President. The President shall
communicate in writing the reasons for any such removal to
both Houses of Congress not later than 30 days before the
removal.
``(4) Functions.--The Director shall be responsible for the
exercise of all powers and the discharge of all duties of the
Bureau, and shall have authority and control over all
personnel and activities thereof.
``(5) Organization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or
components within the Bureau as the Director considers
necessary or appropriate, except that this paragraph shall
not apply with respect to any unit or component provided for
by law.
``(6) Advisory committees.--The Director may establish
advisory committees to provide advice with respect to any
function of the Director. Members of any such committee shall
serve without compensation, but shall be entitled to
transportation expenses and per diem in lieu of subsistence
in accordance with section 5703 of title 5.
``(7) Regulations.--The Director may, in consultation with
the Secretary, prescribe such rules and regulations as the
Director considers necessary or appropriate to carry out the
functions of the Director.
``(8) Delegations, etc.--The Director may assign duties,
and delegate, or authorize successive redelegations of,
authority to act and to render decisions, to such officers
and employees of the Bureau as the Director may find
necessary. Within the limitations of such assignments,
delegations, or redelegations, all official acts and
decisions of such officers and employees shall have the same
force and effect as though performed or rendered by the
Director. An assignment, delegation, or redelegation under
this paragraph may not take effect before the date on which
notice of such assignment, delegation, or redelegation (as
the case may be) is published in the Federal Register.
``(9) Budget requests.--At the time the Director submits a
budget request to the Secretary for inclusion in the
President's budget request for a fiscal year submitted under
section 1105 of title 31, and prior to the submission of the
Department of Commerce budget to the Office of Management and
Budget, the Director shall provide that budget information to
the Committee on Oversight and Government Reform of the House
of Representatives and the Committee on Governmental Affairs
of the Senate, as well as the Committees on Appropriations of
the House of Representatives and the Senate. All other budget
requests from the Bureau to the Secretary shall be made
available to the Committees on Appropriations of the House of
Representatives and the Senate.
``(10) Other authorities.--
``(A) Personnel.--Subject to sections 23 and 24, but
notwithstanding any other provision of law, the Director, in
carrying out the functions of the Director or the Bureau, may
use the services of officers and other personnel in other
Federal agencies, including personnel of the Armed Forces,
with the consent of the head of the agency concerned.
``(B) Voluntary services.--Notwithstanding section 1342 of
title 31, or any other provision of law, the Director may
accept and use voluntary and uncompensated services.
``(c) Deputy Director.--
``(1) In general.--There shall be in the Bureau a Deputy
Director of the Census, who shall be appointed by and serve
at the pleasure of the Director. The position of Deputy
Director shall be a career reserved position within the
meaning of section 3132(a)(8) of title 5.
``(2) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
``(3) Temporary authority to perform functions of
director.--The provisions of sections 3345 through 3349d of
title 5 shall apply with respect to the office of Director.
The first assistant to the office of Director is the Deputy
Director for purposes of applying such provisions.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(b) of title 13, United
States Code, as amended by subsection (a).
[[Page S2119]]
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office,
the officer serving on December 31, 2011, as Director of the
Census (or Acting Director of the Census, if applicable) in
the Department of Commerce--
(A) shall serve as the Director of the Bureau of the
Census;
(B) shall assume the powers and duties of such Director,
until the initial Director has taken office; and
(C) shall report directly to the Secretary of Commerce.
(c) Clerical Amendment.--The item relating to section 21 in
the table of sections for chapter 1 of title 13, United
States Code, is amended to read as follows:
``21. Director of the Census; Deputy Director of the Census; authority
and duties.''.
(d) Technical and Conforming Amendments.--Not later than
January 1, 2011, the Secretary of Commerce, in consultation
with the Director of the Census, shall submit to each House
of the Congress draft legislation containing any technical
and conforming amendments to title 13, United States Code,
and any other provisions which may be necessary to carry out
the purposes of this Act.
SEC. 3. INTERNET RESPONSE OPTION.
Not later than 180 days after the date of the enactment of
this Act, the Director of the Census, shall provide a plan to
Congress on how the Bureau of the Census will test, develop,
and implement an internet response option for the 2020 Census
and the American Community Survey. The plan shall include a
description of how and when feasibility will be tested, the
stakeholders to be consulted, when and what data will be
collected, and how data will be protected.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13,
United States Code, is amended by adding at the end the
following new section:
``Sec. 17. Annual reports
``(a) Not later than the date of the submission of the
President's budget request for a fiscal year under section
1105 of title 31, the Director of the Census shall submit to
the appropriate congressional committees a comprehensive
status report on the next decennial census, beginning with
the 2020 decennial census. Each report shall include the
following information:
``(1) A description of the Bureau's performance goals for
each significant decennial operation, including the
performance measures for each operation.
``(2) An assessment of the risks associated with each
significant decennial operation, including the
interrelationships between the operations and a description
of relevant mitigation plans.
``(3) Detailed milestone estimates for each significant
decennial operation, including estimated testing dates, and
justification for any changes to milestone estimates.
``(4) Updated cost estimates for the life cycle of the
decennial census, including sensitivity analysis and an
explanation of significant changes in the assumptions on
which such cost estimates are based.
``(5) A detailed description of all contracts over
$50,000,000 entered into for each significant decennial
operation, including--
``(A) any changes made to the contracts from the previous
fiscal year;
``(B) justification for the changes; and
``(C) actions planned or taken to control growth in such
contract costs.
``(b) For purposes of this section, the term `significant
decennial operation' includes any program or information
technology related to--
``(1) the development of an accurate address list;
``(2) data collection, processing, and dissemination;
``(3) recruiting and hiring of temporary employees;
``(4) marketing, communications, and partnerships; and
``(5) coverage measurement.''.
(b) Clerical Amendment.--The table of sections for chapter
1 of title 13, United States Code, is amended by inserting
after the item relating to section 16 the following new item:
``17. Annual reports.''.
(c) Effective Date.--The amendments made by this section
shall apply to budget requests for fiscal years beginning
after September 30, 2010.
______
By Ms. MURKOWSKI:
S. 3175. A bill to amend the Omnibus Budget Reconciliation Act of
1993 to require the Bureau of Land Management to provide a claimant of
a small miner waiver from claim maintenance fees with a period of 60
days after written receipt of 1 or more defects is provided to the
claimant by registered mail to cure the 1 or more defects or pay the
claim maintenance fee, and for other purposes; to the Committee on
Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise today to introduce legislation
in the Senate that has already been introduced in the House of
Representatives by Alaska Congressman Don Young to clarify federal
mining law and remedy a problem that has arisen with the extension
process for ``small'' miner land claims.
Under revisions to the Federal Mining Law of 1872, 30 U.S.C. 28(f),
holders of unpatented mineral claims must pay a claim maintenance fee
originally set at $100 per claim by a deadline, set by regulation, of
September 1st each year. Since 2004 that fee has risen to $125 per
claim. But Congress also has provided a claim maintenance fee waiver
for ``small'' miners, those who hold 10 or fewer claims, that they do
not have to submit the fee, but that they must file to renew their
claims and submit an affidavit of annual labor by Dec. 31st each year,
certifying that they had performed more than $100 of work on the claim
in the preceding year, 30 U.S.C. 28f(d)(1). The waiver provision
further states: ``If a small miner waiver application is determined to
be defective for any reason, the claimant shall have a period of 60
days after receipt of written notification of the defect or defects by
the Bureau of Land Management to: cure such defect or defects or pay
the $100 claim maintenance fee due for such a period.''
Since the last revision to the law last decade, there have been a
series of incidents where miners argued that they submitted their
applications and affidavits of annual labor in a timely manner, but due
to clerical error by BLM staff or for unexplained reasons the
applications or documents were not recorded as having been received in
a timely fashion--and that BLM has then moved to terminate the claims,
deeming them null and void. While mining claim holders have argued that
the law provides them time to cure claim defects, BLM has argued that
the cure only applies when applications or fees have been received in a
timely manner. Thus, there is no administrative remedy for miners who
believe that clerical errors by BLM resulted in loss or the late
recording of claim applications.
There have been a number of cases where Congress has been asked to
override BLM determinations and reinstate mining claims simply because
of the disputes over whether the claims had been filed in a timely
manner. Congress in 2003 reinstated such claims in a previous Alaska
case, and claims in another incident were reinstated following a U.S.
District Court case in the 10th Circuit in 2009 in the case of Miller
v. United States.
This bill is intended to short circuit continued litigation and pleas
for claim reinstatement by clarifying the intent of Congress that
miners do have to be informed that their claims are in jeopardy of
being voided and given 60 days notice to cure defects, including giving
them time to submit their applications and to submit affidavits of
annual labor, should they not be received and processed by BLM
officials. If all defects are not cured within 60 days--the obvious
intent of Congress in passing the original act--then claims still will
be subject to voidance.
The transition rule included in this measure will solve two pending
cases in Alaska, one where a holder of nine claims on the Kenai
Peninsula, near Hope, Alaska, has lost title to claims that he had held
from 1982 to 2004. In this case, John Trautner had a consistent record
of having paid the annual labor assessment fee for the previous 22
years and the local BLM office did have a time-date-stamped record that
the maintenance fee waiver certification form had been filed weeks
before the deadline, not just a record that the affidavit of annual
labor had arrived. In the second case Don and Judy Mullikin of Homer,
Alaska, is in the process of losing title to nine claims on the Seward
Peninsula outside of Nome in Alaska because the Anchorage BLM office
has no record of them receiving the paperwork, even though the owners
have computer time stamps of them having completed the paperwork five
months before the deadline, but no other evidence of filing to meet BLM
regulations in support of an appeal. These are claims that have been
worked in Alaska yearly since 1937 and are the main livelihood for the
Mullikins.
This legislation, supported by the Alaska Miners Association, clearly
is intended to remedy a simple drafting error in congressional crafting
of the small miner claim defect process. While only a few cases of
potential clerical errors have occurred over the past decade, it still
makes sense for Congress to clarify that claim holders
[[Page S2120]]
have a right to know that their applications have not been processed,
in time for them to cure application-claim defects prior to being
informed of the loss of the claim rights forever. Simple equity and due
process requires no less.
Given the minute cost of this administrative change to the Department
of the Interior, but its big impact on affected small mineral claim
holders, I hope this bill can be considered and approved promptly this
year.
______
By Mr. DURBIN (for himself, Mr. Specter, and Mrs. Murray):
S. 3176. A bill to further the mission of the Global Justice
Information Sharing Initiative Advisory Committee by continuing its
development of policy recommendations and technical solutions on
information sharing and interoperability, and enhancing its pursuit of
benefits and cost savings for local, State, tribal, and Federal justice
agencies; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, today I am introducing the Department of
Justice Global Advisory Committee Authorization Act of 2010. This
legislation will make it easier and less costly for local, state,
tribal and federal agencies to share public safety and criminal justice
information and to better protect our communities. I am pleased to be
joined by Senator Arlen Specter, the chairman of the Crime and Drugs
Subcommittee, and Senator Patty Murray in introducing this legislation.
I look forward to working with all my colleagues to see it enacted into
law.
Ensuring the public's safety often depends on effective information
sharing. In recent years, criminal gangs, fugitives, illegal
trafficking networks, cybercriminals and terrorist organizations have
increased their ability to operate across jurisdictional boundaries.
However, too often the public safety agencies charged with combating
these threats have operated without all the information that should be
available to them. Inconsistent information-sharing protocols and
databases that are not interoperable with one another are barriers the
law enforcement and public safety communities have identified. Quite
simply, if we want to combat the threats of the 21st century, we need a
21st century information-sharing framework.
The U.S. Department of Justice has long recognized the need to bring
law enforcement and public safety stakeholders together to take on this
challenge of improving information sharing. In 1998, the Justice
Department established the Global Justice Information Sharing
Initiative Advisory Committee, also known as the ``Global Advisory
Committee''. Chartered under the Federal Advisory Committee Act, the
Global Advisory Committee brings together key representatives from law
enforcement, judicial, correctional, and public safety agencies to
advise the Attorney General on information-sharing policies, practices
and technical solutions.
Over the years, the Global Advisory Committee has developed a strong
track record of consolidating stakeholder views and developing
consensus information-sharing solutions that local, state, tribal and
federal agencies all agree upon. The Committee has recruited experts on
a pro bono basis to develop new interoperable technological standards,
and they have already developed a criminal justice information sharing
standard--the Global Justice XML Data Model--and a broader justice and
homeland security information exchange--the National Information
Exchange Model--that enable agencies to convert their own database
information into a common format which can be shared.
The Global Advisory Committee also created the ``National Criminal
Intelligence Sharing Plan,'' a blueprint for agency intelligence-
sharing procedures that has been endorsed by the Departments of Justice
and Homeland Security. And the Committee has drafted ``Fusion Center
Guidelines'' which have helped communities throughout the country
establish information-sharing ``fusion centers'' for responding to
security threats. The Justice Department plans to involve the Committee
in crafting new information-sharing strategies and protocols for
combating gang violence, improving correctional information, and
sharing fugitive information.
In addition to its work developing information-sharing standards, the
charter and bylaws of the Global Advisory Committee prioritize civil
liberties and privacy protection and promote database security and
shared information accuracy. The Committee has established a working
group specifically dedicated to protecting privacy and information
quality, and has also created resources to help jurisdictions develop
privacy and civil liberties programs.
The Global Advisory Committee's work has already led to cost savings
in the design and procurement of interoperable information systems.
These cost-saving benefits are likely to grow if the Committee's
information-sharing standards become increasingly adopted and if
interoperability among local, state, tribal and federal databases
increases. With Congress's help, the Committee can revolutionize
efficient information-sharing among public safety and law enforcement
agencies, which will both lower information technology costs and help
prevent and fight crime.
While the Global Advisory Committee's value has been recognized
throughout the law enforcement and public safety communities, it has
not yet been recognized by Congress. The legislation I am introducing
today will give Congress's blessing to the Committee by authorizing the
Justice Department to provide it with technical and financial support
and dedicated funding.
Currently, under the Federal Advisory Committee Act, the Global
Advisory Committee must terminate and reestablish itself every two
years, but my legislation will keep the Committee in continuous
operation. The bill also directs the Committee to make recommendations
to the Attorney General on interoperability and information-sharing
practices and technologies, and to report to Congress at least annually
on its recommendations. My legislation also expresses the sense of
Congress that agencies across the country should adopt the Global
Advisory Committee's recommendations in order to improve their
information sharing. The bill further directs the Attorney General to
submit a report to Congress regarding the state of information sharing
between corrections and law enforcement agencies through the Interstate
Compact for Adult Offender Supervision, including suggestions for
improvement.
This legislation has been endorsed by the National District Attorneys
Association, the National Sheriffs Association, the National Narcotics
Officers' Associations' Coalition, the National Criminal Justice
Association, the National Association of Counties, the American
Probation and Parole Association, the American Correctional
Association, the Association of State Correctional Administrators, and
the National Consortium for Justice Information and Statistics, SEARCH.
The Global Advisory Committee has already achieved great success in
bringing together local, state, tribal and federal agencies to develop
consensus information-sharing solutions. With Congressional
authorization and a consistent funding stream, the Committee can build
upon that success in a way that will benefit justice and public safety
agencies across the nation. I urge my colleagues to support this
important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3176
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 ``Department of Justice Global
Advisory Committee Authorization Act of 2010''.
SEC. 2. GLOBAL JUSTICE INFORMATION SHARING INITIATIVE
ADVISORY COMMITTEE.
(a) Definition.--In this section, the term ``Committee''
means the Global Justice Information Sharing Initiative
(Global) Advisory Committee established by the Attorney
General.
(b) Authorization.--Notwithstanding section 14(a)(2) of the
Federal Advisory Committee Act (5 U.S.C. App.), the Committee
shall not terminate unless terminated by an Act of Congress.
The Attorney General is authorized to provide technical and
financial assistance and support services to the Committee to
carry out the activities of the Committee, including the
activities described in subsection (c).
[[Page S2121]]
(c) Activities.--In addition to any activities assigned to
the Committee by the Attorney General, the Committee shall--
(1) gather views from agencies of local, State, and tribal
governments and the Federal Government and other entities
that work to support public safety and justice;
(2) recommend to the Attorney General measures to improve
the administration of justice and protect the public by
promoting practices and technologies for database
interoperability and the secure sharing of justice and public
safety information between local, State, and tribal
governments and the Federal Government; and
(3) submit to Congress an annual report regarding issues
considered by the Committee and recommendations made to the
Attorney General by the Committee.
(d) Sense of Congress.--It is the sense of Congress that
local, State, and tribal governments and other relevant
entities should use the recommendations developed and
disseminated by the Committee in accordance with this Act to
evaluate, improve, and develop effective strategies and
technologies to improve public safety and information
sharing.
(e) Funding.--There are authorized to be appropriated to
the Attorney General for the activities of the Committee such
sums as may be necessary out of the funds made available to
the Department of Justice for State and local law enforcement
assistance.
SEC. 3. REPORT OF THE ATTORNEY GENERAL ON INFORMATION SHARING
BETWEEN CORRECTIONS AGENCIES, LAW ENFORCEMENT
AGENCIES, AND THE INTERSTATE COMMISSION FOR
ADULT OFFENDER SUPERVISION.
(a) Review.--The Attorney General, based on input from
local, State, and tribal governments through the Committee
and other components of the Department of Justice, shall
review the state of information sharing between corrections
and law enforcement agencies of local, State, and tribal
governments and of the Federal Government.
(b) Contents.--The review by the Attorney General under
subsection (a) shall--
(1) identify policy and technical barriers to effective
information sharing;
(2) identify best practices for effective information
sharing; and
(3) assess ways for information sharing to improve the
awareness and safety of law enforcement and corrections
officials, including information sharing by the Interstate
Commission for Adult Offenders Supervision.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report regarding the review under this section,
including a discussion of the recommendations of the
Committee and the efforts of the Department of Justice to
address the recommendations.
______
By Mr. BINGAMAN (for himself, Mr. Warner, and Mr. Graham):
S. 3177. A bill to provide for the establishment of a Home Star
Retrofit Rebate Program, and for other purposes; to the Committee on
Finance.
Mr. BINGAMAN. Mr. President, I am pleased to join Senator Warner and
Senator Graham in introducing the Home Star Energy Retrofit Act of
2010. This legislation will save consumers money, create American
skilled labor jobs, and reduce home energy consumption.
If enacted, HOME STAR will build on existing policies and initiatives
that have already proved effective. The program is supported by a broad
coalition of over 600 groups including construction contractors,
building products and mechanical manufacturers, retail sales
businesses, environmental groups and labor advocates.
HOME STAR will provide point-of-sale instant savings to encourage
homeowners to install residential energy upgrades such as air sealing,
insulation, and high efficiency furnaces and water heaters.
HOME STAR will have a two-tiered approach that will offer flexibility
to homeowners when choosing retrofits to install. Under the Silver Star
program, rebates averaging $1,000 will be offered for the installation
of each eligible energy-saving measure such as new insulation and high-
efficiency heating and cooling systems, up to maximum of $3,000 per
home. Under the Gold Star program, there will be performance-based
grants of $3,000 for a 20 percent reduction in home energy consumption
and $1,000 for each additional 5 percent of verified energy reduction
as determined by a comparison of the energy consumption of the home
before and after the retrofit.
HOME STAR will also create American jobs in the construction
industry, which has lost 1.6 million jobs since December 2007, with
unemployment rates topping 25 percent in some regions. HOME STAR
leverages private investment to create a strong market for home energy
retrofits, and will put hundreds of thousands of unemployed Americans
back to work as well as stimulating demand for building materials
produced by American factories.
Finally, HOME STAR will reduce home energy consumption and dependence
on foreign oil. HOME STAR helps Americans pay for cost-effective home
improvements, create permanent reductions in household energy bills,
and reduce our national carbon footprint. Residential energy efficiency
improvements covered by the HOME STAR program reduce energy waste in
most homes by 20 to 40 percent. When combined with low-interest
financing, these retrofits can be cash-flow positive upon project
completion. An initiative with a potential to retrofit over 3 million
homes, HOME STAR will achieve significant reductions in building-
related greenhouse gas emissions while generating long-term energy
savings for American consumers and reducing energy usage by an amount
equal to four 300-megawatt power plants.
In the interest of time we will postpone our remarks on this
important bill until the Senate is back in session. Meanwhile, members
will have an opportunity to review the legislation with their
constituents. We hope that many members of the Senate will become
cosponsors of the bill.
Mr. President, I ask unanimous consent that the bill be printed in
the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3177
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
[[Page S2122]]
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);
[[Page S2123]]
(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;
[[Page S2124]]
(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
[[Page S2125]]
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;
(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;
(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; and
(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.
[[Page S2126]]
(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
[[Page S2127]]
(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.
______
By Mrs. BOXER (for herself and Mr. Brownback):
S. 3181. A bill to protect the rights of consumers to diagnose,
service, maintain, and repair their motor vehicles, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mrs. BOXER. Mr. President, today, I am proud to join Senator
Brownback in introducing bipartisan automotive right to repair
legislation.
Our bill, the Motor Vehicle Owners Right to Repair Act, allows
consumers the freedom to choose which repair shops they use for auto
repairs and routine vehicle maintenance.
Consumers today have many choices when it comes to the vehicle they
drive, but not necessarily when it comes to the maintenance or repair
options for those vehicles.
Most cars today rely on computers to perform many of the automobile's
vital functions including brakes, airbags, ignition and other operating
systems.
If an electronic component of a car fails or needs tuning, an access
code is often needed in order to repair or replace the necessary part.
These codes are currently provided on a voluntary basis to repair shops
by car manufacturers.
Unfortunately, many local independent repair shops are provided only
limited or incomplete information by manufacturers to access and repair
most elements of those vehicles. This lack of information puts
consumers at a disadvantage, forcing many to pay premium prices to
repair simple parts at dealerships or travel long distances to reach
repair shops that take valuable time away from families and work.
There are over 219,000 employees working in over 26,000 independent
repair shops in California, providing those workers with good paying
jobs. In this economy, we can't afford to disadvantage small businesses
working hard to support their families.
The Boxer-Brownback bill will require car manufacturers to provide
all information and tools necessary to diagnose, service, maintain and
repair a motor vehicle, including all safety alerts, access codes and
recalls. This information must be provided to all repair shops, not
just dealers or manufacturers' designated shops.
Our bill also protects the integrity of manufacturers' concepts and
systems by not requiring manufacturers to make public any information
that is entitled to protection as a trade secret.
As cars become more complex and expensive to repair, consumers
deserve to have choices when it comes to repairing their auto vehicles.
This bill provides consumers that choice, while ensuring small
businesses have the information they need in these difficult economic
times.
______
By Mr. REID (for himself and Mr. Ensign):
S. 3185. A bill to require the Secretary of the Interior to convey
certain Federal land to Elko County, Nevada, and to take land into
trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and
for other purposes; to the Committee on Energy and Natural Resources.
Mr. REID. Mr. President, I rise today with my good friend Senator
Ensign to introduce the Elko Motocross and Tribal Conveyance Act of
2010.
As you may know, the Federal Government manages more than 87 percent
of the land in Nevada, which equates to more than 61 million acres.
This fact makes it necessary for our communities to pursue Federal
remedies for problems that can be handled in a much more expeditious
manner in States that have more private land than we do. This bill, for
instance, would transfer one small parcel of land to Elko County and
another to the Elko Indian Colony. Both conveyances will provide
important benefits to the residents of northeastern Nevada, and both
conveyances require congressional action.
The first title of this Act would convey approximately 300 acres of
public land managed by the Bureau of Land Management, BLM, Elko Field
Office to Elko County. This proposal, which is strongly supported by
the local community, would clear the way for the construction of a BMX,
motocross, off-highway vehicle, and stock car racing area. It is worth
noting that Elko County tried for many years to work
[[Page S2128]]
through the normal administrative process to get a recreation and
public purposes lease on this land, but the local BLM field office has
been unable to process the request due to a very high workload.
Off-road vehicles are an important part of life in rural Nevada. In
response to this interest, Elko County has attempted to provide a
variety of motorized recreational opportunities for both residents and
visitors. This legislation will help the City of Elko develop a
centralized, multipurpose recreational facility on the western edge of
the city with easy access to Interstate-80. The new Elko Motocross Park
will eliminate traffic and noise issues caused by the existing stock
car racing track. The new park will also draw OHV enthusiasts from
across northeastern Nevada, which will, in turn, provide an economic
boost to local businesses.
Beyond the convenient location, economic benefits, and potential for
diverse recreational opportunities at the Elko Motocross Park site,
this new complex will provide a place for people to learn responsible
use and enjoyment of recreational vehicles. I believe this facility
will be a model for other communities in the West that are interested
in creating safe, centralized recreation areas for motorsports. I would
also like to commend Elko County, the State of Nevada, the Nevada
Association of Counties and many others for working together on recent
statewide initiatives that will encourage the sustainable use of off-
highway vehicles on public lands.
Title II of this Act directs the Secretary of the Interior to make a
reasonable expansion of the Elko Indian Colony by taking approximately
373 acres of land into trust for the Elko Band to address their need
for additional land. The Elko Band is one of four constituent bands
that make up the Te-Moak Tribe of Western Shoshone Indians of Nevada.
Each band has a separate reservation or colony in northeastern Nevada.
While the Elko Band's population has steadily grown, their land base
has remained the same for over 75 years.
The histories of the City of Elko and the Elko Indian Colony have
long been intertwined. Elko was established as a railroad town in 1868
with the construction of the Central Pacific, part of the first
transcontinental railroad. Shoshone families lived nearby and worked on
the railroad as well as in the nearby mines and on local ranches.
Despite government efforts to relocate the Elko Band in the late
nineteenth century, these families persevered and remained in the Elko
area. In 1918, President Woodrow Wilson created the Elko Indian Colony
when he reserved 160 acres near Elko for the Shoshone Indians by
executive order.
The Elko Indian Colony has always been a thriving part of the greater
Elko community. Unfortunately, while more than half of the Elko Band's
enrolled members live and work in Elko, the Elko Colony has one of the
smallest land bases of the four constituent bands. Over 350 tribal
members must live outside of the colony because it lacks land for
additional housing and housing related community development. Our
legislation would address this need by making land available for
residential and commercial development, or for traditional uses, such
as ceremonial gatherings, hunting and plant collecting.
I also want to highlight that this legislation is designed to protect
the city's rights-of-way that cross the land in question. We have also
received letters expressing strong support for this tribal conveyance
from both the City of Elko and Elko County.
It is always encouraging when communities come together to support
projects like these and we are grateful for their collective work on
this effort. This bill is vital to the growing communities we serve. We
look forward to working with Chairman Bingaman, Ranking Member
Murkowski and the other distinguished committee members to move this
bill through the process.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3185
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Elko
Motocross and Tribal Conveyance Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
Sec. 101. Definitions.
Sec. 102. Conveyance of land to county.
TITLE II--ELKO INDIAN COLONY EXPANSION
Sec. 201. Definitions.
Sec. 202. Land to be held in trust for the Te-moak tribe of Western
Shoshone Indians of Nevada.
Sec. 203. Authorization of appropriations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Land Management.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
SEC. 101. DEFINITIONS.
In this title:
(1) City.--The term ``city'' means the city of Elko,
Nevada.
(2) County.--The term ``county'' means the county of Elko,
Nevada.
(3) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated January 9, 2010.
SEC. 102. CONVEYANCE OF LAND TO COUNTY.
(a) In General.--As soon as practicable after the date of
enactment of this Act, subject to valid existing rights, and
notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
shall convey to the county, without consideration, all right,
title, and interest of the United States in and to the land
described in subsection (b).
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 300 acres of land
managed by the Bureau of Land Management, Elko District,
Nevada, as depicted on the map as ``Elko Motocross Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under
subsection (a) shall be used only--
(1) as a motocross, off-highway vehicle, and stock car
racing area; or
(2) for any other public purpose consistent with the Act of
June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the
county to pay all survey costs and other administrative costs
necessary for the preparation and completion of any patents
for, and transfers of title to, the land described in
subsection (b).
(f) Reversion.--If the land conveyed under subsection (a)
ceases to be used for the public purpose for which the land
was conveyed, the land shall, at the discretion of the
Secretary, revert to the United States.
TITLE II--ELKO INDIAN COLONY EXPANSION
SEC. 201. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled ``Te-moak
Tribal Land Expansion'', dated September 30, 2008, and on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(2) Tribe.--The term ``Tribe'' means the Te-moak Tribe of
Western Shoshone Indians of Nevada, which is a federally
recognized Indian tribe.
SEC. 202. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF
WESTERN SHOSHONE INDIANS OF NEVADA.
(a) In General.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 373 acres of land
administered by the Bureau of Land Management and identified
on the map as ``Lands to be Held in Trust''.
(c) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).
(d) Conditions.--
(1) Rights-of-way.--Before taking the land into trust under
subsection (a), not later than 120 days after the date of
enactment of this Act, the Secretary shall--
[[Page S2129]]
(A) complete any applicable environmental review for
conveyance of a right-of-way for Jennings Road, as depicted
on the map; and
(B) subject to the environmental review under subparagraph
(A), convey the right-of-way to the City of Elko.
(2) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those
terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
(3) Use of trust land.--With respect to the use of the land
taken into trust under subsection (a), the Tribe shall limit
the use of the land to--
(A) traditional and customary uses;
(B) stewardship conservation for the benefit of the Tribe;
and
(C)(i) residential or recreational development; or
(ii) commercial use.
(4) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out
any fuels reduction and other landscape restoration
activities on the land that is beneficial to the Tribe and
the Bureau of Land Management.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
______
By Mrs. SHAHEEN (for herself, Ms. Murkowski, Mr. Begich, and Mr.
Crapo):
S. 3188. A bill to amend the Internal Revenue Code of 1986 to provide
an investment tax credit for biomass heating property; to the Committee
on Finance.
Mrs. SHAHEEN. Mr. President, I rise today to introduce legislation
that will help grow the U.S. manufacturing base in alternative energy
technologies, create jobs and help get our country running on clean
energy.
We have known for decades that our Nation's dependence on foreign oil
undermines our economic and national security.
According to the Department of Energy, New Hampshire households are
some of the most petroleum dependent in the country due to our reliance
on heating oil to provide heat. Almost 60 percent of homes in New
Hampshire use oil for heating purposes. Many New Hampshire businesses--
large and small--are also dependent on heating oil.
In fact, thermal energy, or heat, accounts for roughly 30 percent of
total U.S. energy consumption. Thermal energy is used every day by
homes, businesses and industrial facilities across the country for a
variety of needs--most commonly for space heating, heating water and
industrial processes that require heat.
We need to move away from our dependence on fossil fuels and I am
convinced that biomass, used effectively and sustainably, can help to
do that by, in part, meeting our country's thermal energy needs.
Forests are one of our Nation's greatest assets. In my home State of
New Hampshire, the second most forested State in the country, forestry
is an important part of our economy. Forestland supports a thriving
forest products industry and provides many outdoor recreational
opportunities that play a key role in attracting tourists to the State.
But I think greater potential exists for our forests in New Hampshire
and across the country to help meet our energy challenges--using
biomass to meet the heating needs of our homes, businesses and
communities.
New Hampshire and a number of other States are already leading the
way to address how high efficiency biomass systems can cut our energy
dependence on foreign oil and support our forest industry. Communities
and businesses across New Hampshire are putting our State's immense
biomass resources--from forestry and agricultural residues--to use for
creating electricity and thermal energy. These investments in clean,
renewable biomass energy are supporting our forest industry and also
creating new industries and jobs across New Hampshire.
There is so much untapped potential for biomass energy, and that is
what my legislation is about.
The American Renewable Biomass Heating Act would provide an
investment tax credit, ITC, of 30 percent of the cost of installing a
high efficiency biomass system in commercial and industrial buildings.
The tax credit would be available for biomass heating systems placed in
service on or before December 31, 2013.
By incentivizing high efficiency biomass boilers and furnaces, we can
help to replace our reliance on fossil fuel with clean, domestically
produced renewable energy.
This bill would also put biomass on an even playing field with other
alternative energy technologies and fuel sources, such as wind, solar,
and geothermal. Thus far, Federal policies to promote the development
and use of alternative energy have focused largely on transportation
fuels, such as ethanol and biodiesel, and electricity from hydro, wind,
and solar. My legislation puts high efficiency biomass on an even
playing field with other alternative energy technologies.
Most importantly, my legislation will help jumpstart the domestic
manufacturing base. For years, European countries have invested in and
incentivized the development of these technologies. There is no reason
why we cannot build this equipment right here in the U.S.
The bipartisan legislation I am introducing today with Senators Lisa
Murkowski, Mark Begich and Mike Crapo will provide the incentives
businesses are looking for to invest in clean energy. Our legislation
is about American power--clean energy technologies and equipment that
are made right here in America and create jobs for American workers.
Mr. President, I want to thank my colleagues for joining me in
introducing this important, job-creating legislation. I urge my
colleagues in the Senate to pass the American Renewable Biomass Heating
Act.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3188
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 ``American Renewable Biomass
Heating Act of 2010''.
SEC. 2. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of
the Internal Revenue Code of 1986 (defining energy property)
is amended by striking ``or'' at the end of clause (vi), by
inserting ``or'' at the end of clause (vii), and by inserting
after clause (vii) the following new clause:
``(viii) biomass heating property, including boilers or
furnaces which operate at output efficiencies greater than 75
percent and which provide thermal energy in the form of heat,
hot water, or steam for space heating, air conditioning,
domestic hot water, or industrial process heat, but only with
respect to periods ending before January 1, 2014,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A)
of the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of subclause (III) and by inserting after
subclause (IV) the following new subclause:
``(V) energy property described in paragraph (3)(A)(viii),
and''.
(c) Effective Date.--The amendments made by this section
shall apply to periods after the date of the enactment of
this Act, in taxable years ending after such date, under
rules similar to the rules of section 48(m) of the Internal
Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
____________________