[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[Senate]
[Pages 5004-5018]
[From the U.S. 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 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

[[Page 5005]]

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 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.

[[Page 5006]]

  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).
       (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.

[[Page 5007]]

       ``(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 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

[[Page 5008]]

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).
       (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

[[Page 5009]]

     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 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.

[[Page 5010]]

       (21) RESNET.--The term ``RESNET'' means the Residential 
     Energy Services Network, which is a nonprofit certification 
     and standard setting organization for home energy raters that 
     evaluate the energy performance of a home.
       (22) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (23) Silver star home energy retrofit program.--The term 
     ``Silver Star Home Energy Retrofit Program'' means the Silver 
     Star Home Energy Retrofit Program established under section 
     7.
       (24) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the United States Virgin Islands; and
       (H) any other territory or possession of the United States.

     SEC. 3. HOME STAR RETROFIT REBATE PROGRAM.

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

     SEC. 4. CONTRACTORS.

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

     SEC. 5. REBATE AGGREGATORS.

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

     SEC. 6. QUALITY ASSURANCE PROVIDERS.

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

     SEC. 7. SILVER STAR HOME ENERGY RETROFIT PROGRAM.

       (a) In General.--If the energy efficiency retrofit of a 
     home is carried out after the date of enactment of this Act 
     in accordance with this section, a rebate shall be awarded 
     for the energy retrofit of a home for the installation of 
     energy savings measures--
       (1) selected from the list of energy savings measures 
     described in subsection (b);
       (2) installed in the home by a qualified contractor not 
     later than 1 year after the date of enactment of this Act;
       (3) carried out in compliance with this section; and
       (4) subject to the maximum amount limitations established 
     under subsection (d)(4).
       (b) Energy Savings Measures.--Subject to subsection (c), a 
     rebate shall be awarded under this section for the 
     installation of the following energy savings measures for a 
     home energy retrofit that meet technical standards 
     established under this section:
       (1) Whole house air-sealing measures, in accordance with 
     BPI standards or other procedures approved by the Secretary.
       (2) Attic insulation measures that--
       (A) include sealing of air leakage between the attic and 
     the conditioned space, in accordance with BPI standards or 
     the attic portions of the DOE or EPA thermal bypass checklist 
     or other procedures approved by the Secretary;
       (B) add at least R-19 insulation to existing insulation;
       (C) result in at least R-38 insulation in DOE climate zones 
     1 through 4 and at least

[[Page 5011]]

     R-49 insulation in DOE climate zones 5 through 8, including 
     existing insulation, within the limits of structural 
     capacity; and
       (D) cover at least--
       (i) 100 percent of an accessible attic; or
       (ii) 75 percent of a total conditioned space floor area.
       (3) Duct seal or replacement that--
       (A) is installed in accordance with BPI standards or other 
     procedures approved by the Secretary; and
       (B) in the case of duct replacement, replaces at least 50 
     percent of a distribution system of the home.
       (4) Wall insulation that--
       (A) is installed in accordance with BPI standards or other 
     procedures approved by the Secretary;
       (B) is to full-stud thickness; and
       (C) covers at least 75 percent of the total external wall 
     area of the home.
       (5) Crawl space insulation or basement wall and rim joist 
     insulation that is installed in accordance with BPI standards 
     or other procedures approved by the Secretary--
       (A) covers at least 500 square feet of crawl space or 
     basement wall and adds at least--
       (i) R-19 of cavity insulation or R-15 of continuous 
     insulation to existing crawl space insulation; or
       (ii) R-13 of cavity insulation or R-10 of continuous 
     insulation to basement walls; and
       (B) fully covers the rim joist with at least R-10 of new 
     continuous or R-13 of cavity insulation.
       (6) Window replacement that replaces at least 8 exterior 
     windows or skylights, or 75 percent of the exterior windows 
     and skylights in a home, whichever is less, with windows or 
     skylights that--
       (A) are certified by the National Fenestration Rating 
     Council; and
       (B) comply with criteria applicable to windows and 
     skylights under section 25(c) of the Internal Revenue Code of 
     1986.
       (7) Door replacement that replaces at least 1 exterior door 
     with doors that comply with criteria applicable to doors 
     under section 25(c) of the Internal Revenue Code of 1986.
       (8)(A) Heating system replacement with--
       (i) a natural gas or propane furnace with an AFUE rating of 
     92 or greater;
       (ii) a natural gas or propane boiler with an AFUE rating of 
     90 or greater;
       (iii) an oil furnace with an AFUE rating of 86 or greater 
     and that uses an electrically commutated blower motor;
       (iv) an oil boiler with an AFUE rating of 86 or greater and 
     that has temperature reset or thermal purge controls; or
       (v) a wood or wood pellet furnace, boiler, or stove, if--
       (I) the new system--

       (aa) meets at least 75 percent of the heating demands of 
     the home;
       (bb) has a distribution system (such as ducts or vents) 
     that allows heat to reach all or most parts of the home; and
       (cc) in the case of a wood stove, replaces an existing wood 
     stove; and

       (II) an independent test laboratory approved by the 
     Secretary certifies that the new system--

       (aa) has thermal efficiency (with a lower heating value) of 
     at least 75 percent for stoves and 80 percent for furnaces 
     and boilers; and
       (bb) has particulate emissions of less than 4.5 grams per 
     hour for stoves.

       (B) A rebate may be provided under this section for the 
     replacement of a furnace or boiler described in clauses (i) 
     through (iv) of subparagraph (A) only if the new furnace or 
     boiler is installed in accordance with ANSI/ACCA Standard 5 
     QI - 2007.
       (9) Air-conditioner or heat-pump replacement with a new 
     unit that--
       (A) is installed in accordance with ANSI/ACCA Standard 5 
     QI-2007; and
       (B) meets or exceeds--
       (i) in the case of an air-source conditioner, SEER 16 and 
     EER 13;
       (ii) in the case of an air-source heat pump, SEER 15, EER 
     12.5, and HSPF 8.5; and
       (iii) in the case of a geothermal heat pump, Energy Star 
     tier 2 efficiency requirements.
       (10) Replacement of or with--
       (A) a natural gas or propane water heater with a condensing 
     storage water heater with an energy factor of 0.80 or more or 
     a thermal efficiency of 90 percent or more;
       (B) a tankless natural gas or propane water heater with an 
     energy factor of at least .82;
       (C) a natural gas or propane storage water heater with an 
     energy factor of at least .67;
       (D) an indirect water heater with an insulated storage tank 
     that--
       (i) has a storage capacity of at least 30 gallons and is 
     insulated to at least R-16; and
       (ii) is installed in conjunction with a qualifying boiler 
     described in paragraph (7);
       (E) an electric water heater with an energy factor of 2.0 
     or more;
       (F) a water heater with a solar hot water system that--
       (i) is certified by the Solar Rating and Certification 
     Corporation; or
       (ii) meets technical standards established by the State of 
     Hawaii; or
       (G) a water heater installed in conjunction with a 
     qualifying geothermal heat pump described in paragraph (9) 
     that provides domestic water heating through the use of--
       (i) year-round demand water heating capability; or
       (ii) a desuperheater.
       (11) Storm windows that--
       (A) are installed on a least 5 single-glazed windows that 
     do not have storm windows;
       (B) are installed in a home listed on or eligible for 
     listing in the National Register of Historic Places; and
       (C) comply with any procedures that the Secretary may 
     establish for storm windows (including installation).
       (c) Installation Costs.--Measures described in paragraphs 
     (1) through (11) of subsection (b) shall include expenditures 
     for labor and other installation-related costs (including 
     venting system modification and condensate disposal) properly 
     allocable to the onsite preparation, assembly, or original 
     installation of the component.
       (d) Amount of Rebate.--
       (1) In general.--Except as provided in paragraphs (2) 
     through (4), the amount of a rebate provided under this 
     section shall be $1,000 per measure for the installation of 
     energy savings measures described in subsection (b)
       (2) Higher rebate amount.--Except as provided in paragraph 
     (4), the amount of a rebate provided to the owner of a home 
     or designee under this section shall be $1,500 per measure 
     for--
       (A) attic insulation and air sealing described in 
     subsection (b)(2);
       (B) wall insulation described in subsection (b)(4);
       (C) windows or skylights described in subsection (b)(6);
       (D) a heating system described in subsection (b)(8); and
       (E) an air-conditioner or heat-pump replacement described 
     in subsection (b)(9).
       (3) Lower rebate amount.--Except as provided in paragraph 
     (4), the amount of a rebate provided under this section shall 
     be--
       (A) $125 per door for the installation of up to a maximum 
     of 2 Energy Star doors described in subsection (b)(7) for 
     each home;
       (B) $250 for a maximum of 1 natural gas or propane storage 
     water heater described in subsection (b)(10)(C) for each 
     home;
       (C) $250 for rim joist insulation described in subsection 
     (b)(5)(B);
       (D) $50 for each storm window described in subsection 
     (b)(11); and
       (E) $500 for a desuperheater described in subsection 
     (b)(10)(G)(ii).
       (4) Maximum amount.--The total amount of a rebate provided 
     to the owner of a home or designee under this section shall 
     not exceed the lower of--
       (A) $3,000;
       (B) the sum of the amounts per measure specified in 
     paragraphs (1) through (3);
       (C) 50 percent of the total cost of the installed measures; 
     or
       (D) the reduction in the price paid by the owner of the 
     home, relative to the price of the installed measures in the 
     absence of the Silver Star Home Energy Retrofit Program.
       (e) Insulation Products Purchased Without Installation 
     Services.--A rebate shall be awarded under this section for 
     attic, wall, or crawl space insulation or air sealing product 
     if--
       (1) the product--
       (A) qualifies for a credit under section 25C of the 
     Internal Revenue Code of 1986 but is not the subject of a 
     claim for the credit;
       (B) is purchased by a homeowner for installation by the 
     homeowner in a home identified by the address of the 
     homeowner;
       (C) is identified and attributed to a specific home in a 
     submission by the vendor to a rebate aggregator; and
       (D) is not part of--
       (i) an energy savings measure described in paragraphs (1) 
     through (5) of subsection (b); and
       (ii) a retrofit for which a rebate is provided under the 
     Gold Star Home Energy Retrofit Program; or
       (2) educational material on proper installation of the 
     product is provided to the homeowner, including material on 
     air sealing while insulating.
       (f) Qualification for Rebate Under Silver Star Home Energy 
     Retrofit Program.--On submission of a claim by a rebate 
     aggregator to the system established under section 5, the 
     Secretary shall provide reimbursement to the rebate 
     aggregator for reduced-cost energy-efficiency measures 
     installed in a home, if--
       (1) the measures undertaken for the retrofit are--
       (A) eligible measures described on the list established 
     under subsection (b);
       (B) installed properly in accordance with applicable 
     technical specifications; and
       (C) installed by a qualified contractor;
       (2) the amount of the rebate does not exceed the maximum 
     amount described in subsection (d)(4);
       (3) not less than--
       (A) 20 percent of the retrofits performed by each qualified 
     contractor under this section are randomly subject to a 
     third-party field verification of all work associated with 
     the retrofit by a quality assurance provider; or
       (B) in the case of qualified contractor that uses a 
     certified workforce, 10 percent of the retrofits performed 
     under this section are randomly subject to a third-party 
     field verification of all work associated with the retrofit 
     by a quality assurance provider; and
       (4)(A) the installed measures will be brought into 
     compliance with the specifications and quality standards for 
     the Home

[[Page 5012]]

     Star Retrofit Rebate Program, by the installing qualified 
     contractor, at no additional cost to the homeowner, not later 
     than 14 days after the date of notification of a defect, if a 
     field verification by a quality assurance provider finds that 
     corrective work is needed;
       (B) a subsequent quality assurance visit is conducted to 
     evaluate the remedy not later than 7 days after notification 
     by the contractor that the defect has been corrected; and
       (C) notification of disposition of the visit occurs not 
     later than 7 days after the date of that visit.
       (g) Homeowner Complaints.--
       (1) In general.--During the 1-year warranty period, a 
     homeowner may make a complaint under the quality assurance 
     program that compliance with the quality assurance 
     requirements of this section has not been achieved.
       (2) Verification.--
       (A) In general.--The quality assurance program shall 
     provide that, on receiving a complaint under paragraph (1), 
     an independent quality assurance provider shall conduct field 
     verification on the retrofit work performed by the 
     contractor.
       (B) Administration.--A verification under this paragraph 
     shall be--
       (i) in addition to verifications conducted under subsection 
     (f)(3); and
       (ii) corrected in accordance with subsection (f)(4).
       (h) Audits.--
       (1) In general.--On making payment for a submission under 
     this section, the Secretary shall review rebate requests to 
     determine whether program requirements were met in all 
     respects.
       (2) Incorrect payment.--On a determination of the Secretary 
     under paragraph (1) that a payment was made incorrectly to a 
     party, the Secretary may--
       (A) recoup the amount of the incorrect payment; or
       (B) withhold the amount of the incorrect payment from the 
     next payment made to the party pursuant to a subsequent 
     request.

     SEC. 8. GOLD STAR HOME ENERGY RETROFIT PROGRAM.

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

     SEC. 9. GRANTS TO STATES AND INDIAN TRIBES.

       (a) In General.--A State or Indian tribe that receives a 
     grant under subsection (d) shall use the grant for--
       (1) administrative costs;
       (2) oversight of quality assurance plans;
       (3) development of ongoing quality assurance framework;
       (4) establishment and delivery of financing pilots in 
     accordance with this Act;
       (5) coordination with existing residential retrofit 
     programs and infrastructure development to assist deployment 
     of the Home Star program; and
       (6) the costs of carrying out the responsibilities of the 
     State or Indian tribe under the Silver Star Home Energy 
     Retrofit Program and the Gold Star Home Energy Retrofit 
     Program.
       (b) Initial Grants.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary shall make the 
     initial grants available under this section.

[[Page 5013]]

       (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.

[[Page 5014]]

       (g) Information Collection.--Chapter 35 of title 44, United 
     States Code, shall not apply to any information collection 
     requirement necessary for the implementation of the Home Star 
     Retrofit Rebate Program.
       (h) Adjustment of Rebate Amounts.--Effective beginning on 
     the date that is 180 days after the date of enactment of this 
     Act, the Secretary may adjust the rebate amounts provided in 
     this section based on --
       (1) the use of the Silver Star Home Energy Retrofit Program 
     and the Gold Star Home Energy Retrofit Program; and
       (2) other program data.

     SEC. 13. TREATMENT OF REBATES.

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

     SEC. 14. PENALTIES.

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

     SEC. 15. HOME STAR ENERGY EFFICIENCY LOAN PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible participant.--The term ``eligible 
     participant'' means a homeowner who receives financial 
     assistance from a qualified financing entity to carry out 
     energy efficiency or renewable energy improvements to an 
     existing home or other residential building of the homeowner 
     in accordance with the Gold Star Home Energy Retrofit Program 
     or the Silver Star Home Energy Retrofit Program.
       (2) Program.--The term ``program'' means the Home Star 
     Energy Efficiency Loan Program established under subsection 
     (b).
       (3) Qualified financing entity.--The term ``qualified 
     financing entity'' means a State, political subdivision of a 
     State, tribal government, electric utility, natural gas 
     utility, nonprofit or community-based organization, energy 
     service company, retailer, or any other qualified entity 
     that--
       (A) meets the eligibility requirements of this section; and
       (B) is designated by the Governor of a State in accordance 
     with subsection (e).
       (4) Qualified loan program mechanism.--The term ``qualified 
     loan program mechanism'' means a loan program that is--
       (A) administered by a qualified financing entity; and
       (B) principally funded--
       (i) by funds provided by or overseen by a State; or
       (ii) through the energy loan program of the Federal 
     National Mortgage Association.
       (b) Establishment.--The Secretary shall establish a Home 
     Star Energy Efficiency Loan Program under which the Secretary 
     shall make funds available to States to support financial 
     assistance provided by qualified financing entities for 
     making, to existing homes, energy efficiency improvements 
     that qualify under the Gold Star Home Energy Retrofit Program 
     or the Silver Star Home Energy Retrofit Program.
       (c) Eligibility of Qualified Financing Entities.--To be 
     eligible to participate in the program, a qualified financing 
     entity shall--
       (1) offer a financing product under which eligible 
     participants may pay over time for the cost to the eligible 
     participant (after all applicable Federal, State, local, and 
     other rebates or incentives are applied) of making 
     improvements described in subsection (b);
       (2) require all financed improvements to be performed by 
     contractors in a manner that meets minimum standards that are 
     at least as stringent as the standards provided under 
     sections 7 and 8; and
       (3) establish standard underwriting criteria to determine 
     the eligibility of program applicants, which criteria shall 
     be consistent with--
       (A) with respect to unsecured consumer loan programs, 
     standard underwriting criteria used under the energy loan 
     program of the Federal National Mortgage Association; or
       (B) with respect to secured loans or other forms of 
     financial assistance, commercially recognized best practices 
     applicable to the form of financial assistance being provided 
     (as determined by the designated entity administering the 
     program in the State).
       (d) Allocation.--In making funds available to States for 
     each fiscal year under this section, the Secretary shall use 
     the formula used to allocate funds to States to carry out 
     State energy conservation plans established under part D of 
     title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6321 et seq.).
       (e) Qualified Financing Entities.--Before making funds 
     available to a State under this section, the Secretary shall 
     require the Governor of the State to provide to the Secretary 
     a letter of assurance that the State--
       (1) has 1 or more qualified financing entities that meet 
     the requirements of this section;
       (2) has established a qualified loan program mechanism 
     that--
       (A) includes a methodology to ensure credible energy 
     savings or renewable energy generation;
       (B) incorporates an effective repayment mechanism, which 
     may include--
       (i) on-utility-bill repayment;
       (ii) tax assessment or other form of property assessment 
     financing;
       (iii) municipal service charges;
       (iv) energy or energy efficiency services contracts;
       (v) energy efficiency power purchase agreements;
       (vi) unsecured loans applying the underwriting requirements 
     of the energy loan program of the Federal National Mortgage 
     Association; or
       (vii) alternative contractual repayment mechanisms that 
     have been demonstrated to have appropriate risk mitigation 
     features; and
       (C) will provide, in a timely manner, all information 
     regarding the administration of the program as the Secretary 
     may require to permit the Secretary to meet the reporting 
     requirements of subsection (h).
       (f) Use of Funds.--Funds made available to States under the 
     program may be used to support financing products offered by 
     qualified financing entities to eligible participants for 
     eligible energy efficiency work, by providing--
       (1) interest rate reductions;
       (2) loan loss reserves or other forms of credit 
     enhancement;
       (3) revolving loan funds from which qualified financing 
     entities may offer direct loans; or
       (4) other debt instruments or financial products 
     necessary--
       (A) to maximize leverage provided through available funds; 
     and
       (B) to support widespread deployment of energy efficiency 
     finance programs.
       (g) Use of Repayment Funds.--In the case of a revolving 
     loan fund established by a State described in subsection 
     (f)(3), a qualified financing entity may use funds repaid by 
     eligible participants under the program to provide financial 
     assistance for additional eligible participants to make 
     improvements described in subsection (b) in a manner that is 
     consistent with this section or other such criteria as are 
     prescribed by the State.
       (h) Program Evaluation.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a program evaluation that describes--
       (1) how many eligible participants have participated in the 
     program;
       (2) how many jobs have been created through the program, 
     directly and indirectly;
       (3) what steps could be taken to promote further deployment 
     of energy efficiency and renewable energy retrofits;
       (4) the quantity of verifiable energy savings, homeowner 
     energy bill savings, and other benefits of the program; and
       (5) the performance of the programs carried out by 
     qualified financing entities under this section, including 
     information on the rate of default and repayment.
       (i) Credit Support.--Section 1705(a) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the 
     end the following:
       ``(4) Energy efficiency projects, including projects to 
     retrofit residential, commercial, and industrial buildings, 
     facilities, and equipment.''.

     SEC. 16. FUNDING.

       (a) Authorization of Appropriations.--
       (1) In general.--Subject to subsection (j), there is 
     authorized to be appropriated to carry out this title 
     $6,000,000,000 for the period of each of fiscal years 2010 
     through 2012 to remain available until expended.
       (2) Maintenance of funding.--Funds provided under this 
     section shall supplement and not supplant any Federal and 
     State funding provided to carry out energy efficiency 
     programs in existence on the date of enactment of this Act.

[[Page 5015]]

       (b) Grants to States.--
       (1) In general.--Of the amount provided under subsection 
     (a), $380,000,000 or not more than 6 percent, whichever is 
     less, shall be used to carry out section 9.
       (2) Distribution to state energy offices.--
       (A) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall--
       (i) provide to State energy offices 25 percent of the funds 
     described in paragraph (1); and
       (ii) determine a formula to provide the balance of funds to 
     State energy offices through a performance-based system.
       (B) Allocation.--
       (i) Allocation formula.--Funds described in subparagraph 
     (A)(i) shall be made available in accordance with the 
     allocation formula for State energy conservation plans 
     established under part D of title III of the Energy Policy 
     and Conservation Act (42 U.S.C.6321 et seq.).
       (ii) Performance-based system.--The balance of the funds 
     described in subparagraph (A)(ii) shall be made available in 
     accordance with the performance-based system described in 
     subparagraph (A)(ii).
       (c) Quality Assurance Costs.--
       (1) In general.--Of the amount provided under subsection 
     (a), not more than 5 percent shall be used to carry out the 
     quality assurance provisions of this Act.
       (2) Management.--Funds provided under this subsection shall 
     be overseen by--
       (A) State energy offices described in subsection (b)(2); or
       (B) other entities determined by the Secretary to be 
     eligible to carry out quality assurance functions under this 
     Act.
       (3) Distribution to quality assurance providers or rebate 
     aggregators.--The Secretary shall use funds provided under 
     this subsection to compensate quality assurance providers, or 
     rebate aggregators, for services under the Silver Star Home 
     Energy Retrofit Program or the Gold Star Home Energy Retrofit 
     Program through the Federal Rebate Processing Center based on 
     the services provided to contractors under a quality 
     assurance program and rebate aggregation.
       (4) Incentives.--The amount of incentives provided to 
     quality assurance providers or rebate aggregators shall be--
       (A)(i) in the case of the Silver Star Home Energy Retrofit 
     Program--
       (I) $25 per rebate review and submission provided under the 
     program; and
       (II) $150 for each field inspection conducted under the 
     program; and
       (ii) in the case of the Gold Star Home Energy Retrofit 
     Program--
       (I) $35 for each rebate review and submission provided 
     under the program; and
       (II) $300 for each field inspection conducted under the 
     program; or
       (B) such other amounts as the Secretary considers necessary 
     to carry out the quality assurance provisions of this Act.
       (d) Tracking of Rebates and Expenditures.--Of the amount 
     provided under subsection (a), not more than $150,000,000 
     shall be used for costs associated with database systems to 
     track rebates and expenditures under this Act and related 
     administrative costs incurred by the Secretary.
       (e) Public Education and Coordination.--Of the amount 
     provided under subsection (a), not more than $10,000,000 
     shall be used for costs associated with public education and 
     coordination with the Federal Energy Star program incurred by 
     the Administrator.
       (f) Indian Tribes.--Of the amount provided under subsection 
     (a), the Secretary shall reserve not more than 3 percent to 
     make grants available to Indian tribes under this section.
       (g) Silver Star Home Energy Retrofit Program.--In the case 
     of the Silver Star Home Energy Retrofit Program, of the 
     amount provided under subsection (a) after funds are provided 
     in accordance with subsections (b) through (e), 
     $3,417,000,000 for the 1-year period beginning on the date of 
     enactment of this Act (less any amounts required under 
     subsection (f)) shall be used by the Secretary to provide 
     rebates and incentives authorized under the Silver Star Home 
     Energy Retrofit Program.
       (h) Gold Star Home Energy Retrofit Program.--In the case of 
     the Gold Star Home Energy Retrofit Program, of the amount 
     provided under subsection (a) after funds are provided in 
     accordance with subsections (b) through (e), $1,683,000 for 
     the 2-year period beginning on the date of enactment of this 
     Act (less any amounts required under subsection (f)) shall be 
     used by the Secretary to provide rebates and incentives 
     authorized under the Gold Star Home Energy Retrofit Program.
       (i) Program Review and Backstop Funding.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall perform a State-
     by-State analysis and review the distribution of Home Star 
     retrofit rebates under this Act.
       (2) Adjustment.--The Secretary may allocate technical 
     assistance funding to assist States that have not 
     sufficiently benefitted from the Home Star Retrofit Rebate 
     Program.
       (j) Return of Undisbursed Funds.--
       (1) Silver star home energy retrofit program.--If the 
     Secretary has not disbursed all the funds available for 
     rebates under the Silver Star Home Energy Retrofit Program by 
     the date that is 1 year after the date of enactment of this 
     Act, any undisbursed funds shall be made available to the 
     Gold Star Home Energy Retrofit Program.
       (2) Gold star home energy retrofit program.--If the 
     Secretary has not disbursed all the funds available for 
     rebates under the Gold Star Home Energy Retrofit Program by 
     the date that is 2 years after the date of enactment of this 
     Act, any undisbursed funds shall be returned to the Treasury.
       (k) Financing.--Of the amounts allocated to the States 
     under subsection (b), not less than $200,000,000 shall be 
     used to carry out the financing provisions of this Act in 
     accordance with section 15.
                                 ______
                                 
      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

[[Page 5016]]

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 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

[[Page 5017]]

     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--
       (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

[[Page 5018]]

     (as in effect on the day before the date of the enactment of 
     the Revenue Reconciliation Act of 1990).

                          ____________________