[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[House]
[Pages 7417-7451]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 HOME STAR ENERGY RETROFIT ACT OF 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 1329 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 5019.

                              {time}  1214


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 5019) to provide for the establishment of the Home Star Retrofit 
Rebate Program, and for other purposes, with Ms. Edwards of Maryland in 
the chair.
  The Clerk read the title of the bill.

                              {time}  1215

  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Massachusetts (Mr. Markey) and the gentleman from 
Texas (Mr. Barton) each will control 30 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 3 minutes to the 
gentleman from California (Mr. Waxman), the chairman of the Energy and 
Commerce Committee.
  Mr. WAXMAN. Madam Chair, I rise in strong support of H.R. 5019, the 
Home Star Energy Retrofit Act of 2010.
  This legislation, more than anything, is about jobs. When enacted and 
funded, Home Star will create 168,000 new jobs here in the United 
States. These are jobs that won't be outsourced overseas. They are 
construction jobs in our neighborhoods and our communities. And they're 
manufacturing jobs for workers at factories in America. Nearly one in 
four workers in the home construction and services industry has been 
laid off. Passing Home Star says, ``Help is on the way.''
  Home Star would accomplish this by establishing a rebate program for 
the installation of energy-efficient home upgrades. These rebates would 
encourage homeowners to hire contractors to install new, efficient 
heating and air conditioning, to insulate their homes, and to replace 
drafty windows and doors. It's an approach that can benefit every 
contractor in this country, from small independent businesses to 
contractors associated with large home improvement store chains.
  This legislation also saves consumers money, and it cuts pollution. 
When it is fully funded, Home Star will allow 3 million families to 
retrofit their homes to be more energy efficient.
  Homes in America account for over 20 percent of the Nation's carbon 
pollution. Existing technologies and practices can cut home energy use 
by up to 40 percent. That would slash carbon pollution by millions of 
tons.
  This is a bipartisan bill. It was introduced by Representatives Welch 
and Ehlers. The legislation was reported favorably from the Energy and 
Commerce Committee last month in a bipartisan vote of 30-17. 
Representative Welch and Subcommittee Chairman Markey deserve special 
recognition for their hard work in pushing this legislation to become a 
reality.
  The bill also has support from a remarkably broad coalition that 
ranges from local contractors to environmentalists to organizations 
like the National Association of Manufacturers and the Chamber of 
Commerce. These groups all support Home Star because it's a commonsense 
program that's good for the country.
  One question that was raised when the rule was being debated is 
whether this will affect our deficit. This is a complete red herring. 
The legislation we are considering today is an authorization. It does 
not spend a dollar of taxpayers' funds. That's why the nonpartisan CBO 
says enacting this bill would not affect direct spending of revenues. 
Once we have passed this legislation, we will need to pass another bill 
that provides the funds to carry it out. We will do that in a fiscally 
responsible way.
  I urge Members to vote for jobs, for consumers, and for the 
environment.

                                            Committee on Oversight


                                        and Government Reform,

                                      Washington, DC, May 4, 2010.
     Hon. Henry Waxman,
     Chairman, Committee on Energy and Commerce, Washington, DC.
       Dear Chairman Waxman: I am writing to confirm our mutual 
     understanding with respect to the consideration of H.R. 5019, 
     the Home Star Energy Retrofit Act of 2010.
       I appreciate your efforts to consult with the Committee on 
     Oversight and Government Reform regarding those provisions of 
     H.R. 5019 that fall within the Oversight Committee's 
     jurisdiction, including provisions related to the federal 
     civil service and acquisition policy.
       Given the importance of moving this bill forward promptly, 
     I do not intend to object to its consideration in the House. 
     However, I do so only with the understanding that this 
     procedure should not be construed to prejudice this 
     Committee's jurisdictional interest or prerogatives in the 
     subject matter of H.R. 5019, or any other similar 
     legislation.
       I would also request your support for the appointment of 
     conferees from the Oversight Committee should H.R. 5019 or a 
     similar Senate bill be considered in conference with the 
     Senate.
       Finally, I request that you include our exchange of letters 
     on this matter in the Congressional Record during 
     consideration of this legislation on the House floor.
           Sincerely,
                                                   Edolphus Towns,
     Chairman.
                                  ____

                                           Committee on Energy and


                                                     Commerce,

                                      Washington, DC, May 5, 2010.
     Hon. Edolphus Towns,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Towns: Thank you for your letter regarding 
     H.R. 5019, the ``Home Star Energy Retrofit Act of 2010.'' The 
     Committee on Energy and Commerce recognizes the 
     jurisdictional interest of the Committee

[[Page 7418]]

     on Oversight and Government Reform in H.R. 5019, and I 
     appreciate your effort to facilitate consideration of this 
     bill.
       I also concur with you that by forgoing action on the bill 
     the Committee on Oversight and Government Reform does not in 
     any way prejudice the Committee with respect to its 
     jurisdictional prerogatives on this bill or similar 
     legislation in the future, and I would support your effort to 
     seek appointment of an appropriate number of conferees to any 
     House-Senate conference involving this legislation.
       I will include our letters on H.R. 5019 in the 
     Congressional Record during floor consideration of the bill. 
     Again, I appreciate your cooperation regarding this 
     legislation and I look forward to working with the Committee 
     on Oversight and Government Reform as the bill moves through 
     the legislative process.
           Sincerely,
                                                  Henry A. Waxman,
                                                         Chairman.

  Mr. BARTON of Texas. I yield myself such time as I may consume.
  Madam Chair, the bill before us today is not a bad piece of 
legislation. Mr. Ehlers, for example, of Michigan is one of the 
Republican cosponsors of it. Mr. Welch of Vermont has sought assistance 
across the aisle. Mr. Markey, Mr. Waxman, the full committee and 
subcommittee chairmen, have taken a number of amendments in 
subcommittee and full committee and I think generally worked in good 
faith.
  Having said that, here we go again, Madam Chair. It's Thursday. This 
is the only bill this week that we are going to have a rule on. This is 
an authorization bill, as Chairman Waxman just said, but it authorizes 
$6.6 billion to be spent over a 2-year period, and makes no attempt to 
find a way to pay for it. So it's another new program with all the 
right feel-good intentions, but it's all hat and no cattle as we would 
say down in Texas.
  In committee, Chairman Waxman, to his credit, did say that the bill 
should be paid for. He did encourage Congressman Latta of Ohio, who 
offered a pay-for amendment that the bill would be paid for, if he 
would withdraw it he would work with him, and yesterday we did have 
some discussions with the chairman on how to pay for it. Those 
discussions did not provide a satisfactory conclusion to either side, 
so Mr. Latta went to the Rules Committee and asked that his amendment 
be made in order. Eight amendments were made in order, but his 
amendment was not, Madam Chair.
  Chairman Waxman is correct when he says this is an authorization bill 
so you don't have to have a pay-for. That is true in a technical sense. 
But I think it's time for this Congress and certainly our committee, 
the Energy and Commerce Committee, to show the American people that, if 
we want to create new programs, we don't want to increase the deficit, 
borrow money to pay for them. We should be able to find a pay-for.
  Just as it's true that it's not technically necessary because this is 
an authorization bill, it's also true that we could set a precedent and 
set a practice at least in our committee, the Energy and Commerce 
Committee, of saying if we are going to create new programs we are 
going to show where the money should come from.
  There is not a real need for this program at this point in time. In 
the so-called stimulus package earlier in this Congress and in the last 
Congress, we authorized and I think even appropriated $5 billion in 
weatherization funds and grants for the Department of Energy. Now, that 
program operates a little bit differently than the program in this bill 
would operate if enacted into law. But we can't tell that the 
Department of Energy, Madam Chair, has spent any of that money that's 
already been authorized and appropriated. And that's $5 billion. Why 
have another $6.6 billion program when you haven't successfully 
implemented the current $5 billion program? Again, that weatherization 
program is somewhat different in the way it's structured than the 
pending bill, but the goals of it are very, very similar to this bill.
  The definition of insanity, Madam Chair, is doing the same thing over 
and over and expecting a different result. That appears to be what we 
are doing here today with the Home Star Energy Retrofit Act. It's 
another chapter in saying one thing, trying to put something out that 
looks good, feels good, but doesn't really have the substance to back 
it up.
  So I have great respect for the authors of the legislation, great 
respect for the leadership of my committee on the majority side, but I 
don't believe we should authorize a $6 billion program without a pay-
for or an indication of how we intend to pay for it. I think that's too 
much, and I think it's bad public policy with a deficit of $1.5 
trillion.
  We will support some of the amendments, Madam Chair. There are eight 
amendments. As the ranking member of the full committee, I believe I am 
going to recommend a ``yes'' vote on six of the eight, maybe seven. But 
on final passage I will recommend a ``no'' vote.
  Madam Chair, we'd be hard-pressed to find a single Member of Congress 
who thinks energy efficiency is a bad idea. Everybody wants to lower 
energy consumption because we want to cut our electricity bills. 
Additionally, manufacturing and installing energy efficient products 
for the home can be a boon for businesses and jobs across the country. 
The market works.
  Home Star will cost taxpayers $6.6 billion over the next 2 years. 
With the tidal wave of spending that has roared out of Washington over 
the last 18 months, sometimes $6.6 billion might not sound like much, 
and that's exactly why we need to start looking at programs like Home 
Star much more carefully.
  Without a payment mechanism in H.R. 5019, what we have is an 
authorization that simply instructs the Federal Government to spend 
$6.6 billion over the next 2 years. Then we here in Congress are 
supposed to figure out where to get the money. Who believes that's 
going to happen? This legislative artifice defies the majority's own 
Pay-As-You-Go rule, not to mention the public's trust, and it assures 
that deficits will go on expanding.
  It didn't have to be that way. Our newest colleague on the Energy and 
Commerce Committee, Mr. Latta of Ohio, offered an amendment in the 
markup that would apply Pay-Go rules to this legislation. It was 
withdrawn through an agreement with the committee chairman that 
spending details would be worked out before H.R. 5019 reached the House 
Floor. Yet here we are today, still without a way to pay for this 
program.
  This is not the first government program we've examined in the 111th 
Congress to encourage home energy efficiency. In the so-called Stimulus 
Bill, Congress authorized $5 billion for home weatherization funds and 
grants. After an entire year, the Department of Energy has admitted to 
accomplishing virtually nothing with this amount of money. How are we 
to believe DOE can handle $6.6 billion for a newly-created program when 
it has proven it can't handle $5 billion to complement a program that 
already exists?
  Like the $5 billion in weatherization funds, Home Star is supposed to 
create jobs. But if past is prologue, we are right to be skeptical of 
such a claim. While the stimulus bill was being debated, the economic 
alchemists in the White House told us it would cap unemployment at 8 
percent. This was supposed to be achieved partially through dramatic 
expansion of government programs like home weatherization. But thanks 
to Obama administration bureaucracy and the built-in inefficiency of 
all government programs, the money has been spent without taxpayers 
getting the benefits that their money was supposed to buy.
  The definition of insanity is repeating the same action over and over 
and expecting a different result, and that's precisely what we're doing 
here today with the Home Star Energy Retrofit Act. It's another chapter 
in the story of the Obama administration: Excitement followed by 
spending followed by disappointment.
  In a time of exploding deficits, bumbling government and economic 
recession, Congress could do America a favor by paying for the programs 
it enacts. We should begin today.
  Until we are willing to pay for it, I urge my colleagues to vote 
``no'' on this bill.
  With that, I ask unanimous consent that Mr. Upton of Michigan control 
the balance of the time on the minority side.
  The CHAIR. The gentleman will be recognized.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield myself 1 minute at 
this time.
  Madam Chair, this is really a tremendous piece of legislation. It's a 
win-win-win. It will ultimately wind up with $9.2 billion worth of 
energy savings for American consumers because of the installation of 
these work smarter, not harder, technologies that we

[[Page 7419]]

will be helping consumers to purchase. It will create 168,000 new jobs, 
especially in the construction sector which has upwards of 25 percent 
unemployment, and it will increase our energy independence by backing 
out that oil that we import into our country, moving us closer to this 
energy independence, which should be the goal of our country, using new 
energy technologies that make it possible for every consumer to 
participate in this revolution. This is an excellent piece of 
legislation.
  I reserve the balance of my time.
  Mr. UPTON. Madam Chair, I yield 3 minutes to the gentleman from 
Florida (Mr. Stearns), a member of the committee.
  Mr. STEARNS. I thank the distinguished chairman, Mr. Upton from 
Michigan.
  Here we go again, my colleagues. We are going to spend a lot of money 
and here we have a huge $1.5 trillion deficit. I am a member of the 
Renewable Energy and Efficiency Caucus. I strongly support, obviously, 
providing property owners with the education, simple education, 
incentives for them, and resources to voluntarily improve their homes 
and save energy. But I have a number of significant concerns with this 
legislation, including the total cost; also questions about the U.S. 
Department of Energy, their ability to effectively implement this 
program; and the fact that the Federal Government will be the one 
picking technology winners and losers, and not the free market, is also 
a concern of mine.
  My colleagues, at a time when we have an increasing national deficit, 
it's simply irresponsible to add an additional almost $7 billion in 
spending. Again the word billion. This spending is in addition to the 
more than $10 billion spent by the American taxpayers to implement a 
weatherization program. There are also significant concerns regarding 
the Department of Energy's ability to implement this program, 
especially under the tight deadlines required in this legislation.
  In fact, the Department of Energy Inspector General recently issued a 
report concluding that as of February 2010, of the roughly $4.7 billion 
DOE, Department of Energy, has awarded in grants to the States under 
the Recovery Act weatherization program, only $368 million, less than 
10 percent, had been used by States for this purpose, and only 30,000 
homes have actually been weatherized.
  This legislation also comes on the heels of the Energy Star fraud 
that was exposed earlier this month. Countless stories in mainstream 
newspapers reported the lax standards by which the Environmental 
Protection Agency approves ``energy efficient'' devices, allowing 15 
phony products to pass inspection. Among those products approved were a 
gasoline-powered alarm clock and an air purifier which is nothing more 
than an upright fan with a feather duster taped to the top. Those are 
the things the Department of Energy approved, and you are going to give 
them almost $7 billion to go and institute and follow along this bill?
  H.R. 5019 is simply another multi-billion dollar government scheme 
that picks winners and losers through cash handouts to mostly, in this 
case, unionized labor at a time when the Federal Government is already 
running a $1.5 trillion annual deficit. So look at this carefully. We 
don't need to spend more money to do this. There is a lot of fraud that 
exists at the Department of Energy. They are lax. So I urge a ``no'' 
vote.
  Mr. MARKEY of Massachusetts. I yield 1 minute to the gentleman from 
Illinois (Mr. Rush).
  Mr. RUSH. Madam Chair, I also want to thank Chairman Waxman and 
Chairman Markey and their very capable staffs for working with my 
office to ensure that we include tangible benefits in the Home Star 
Program for all constituents, including those in the lower income 
communities such as the one I represent on the south side of Chicago.
  I also must thank my friend and colleague Barbara Lee and her great 
staff, as well as the Home Star Coalition, who collaborated with my 
office and the Energy and Commerce Committee to strengthen this 
outstanding, remarkable Home Star Program legislation.
  Madam Chair, I am pleased to point to several provisions within the 
bill that would directly benefit my constituents, including the quality 
assurance framework, which targets training and employment 
opportunities for lower income families and workers, and aggressive 
outreach and financial assistance for our most vulnerable communities 
to help them take advantage of the energy-and money-saving retrofit 
opportunities within this bill.
  Madam Chair, I fully support this bill, and I urge all of my 
colleagues to do the same.

                              {time}  1230

  Mr. UPTON. Madam Chair, I would yield 5 minutes to the distinguished 
gentleman from the great State of Michigan (Mr. Ehlers).
  Mr. EHLERS. I thank the gentleman for yielding me a generous amount 
of time.
  I rise to speak, because I am the principal Republican--in fact, 
perhaps the only Republican--cosponsor of the bill. But it's a very 
worthy bill, and I believe we should present that side of it as well.
  I must say, I share the concerns of my Republican colleagues about 
the cost and where the money is going to come from to pay for it, but I 
have to also say that I think the value of this bill is so much greater 
than many of the other bills we pass that I'm certain we could find the 
funds for it if we need to.
  Let me just comment as a physicist, which is what I am, and say a 
little bit about energy. First of all, energy is the most basic 
resource that we have, and there's very little we can do without 
energy. If you look back through history, you find that the great 
changes in the history of our planet and the people living on our 
planet arose with new developments in energy. For example, agriculture 
never really succeeded until people discovered they could hitch a plow 
to an oxen or a horse, and use animal energy to supplement human 
energy. Later on, the Industrial Revolution took place. Why and when 
did that happen? Because people in developed countries had discovered 
they could use energy in other forms to perform the work that people 
had been doing. I'm talking about, for example, hydropower, getting 
energy from water running over mill wheels and so forth. But also, 
other types of energy were developed about that time; such as burning 
coal to extract energy from it or using coal to generate electricity, 
and use that power to drive the machinery that was necessary in the 
mills and the factories at that time.
  We are now in an era of multiple uses and multiple sources of energy, 
but the energy we are using is not that abundant. We are depleting our 
supplies of fossil fuels, particularly oil and coal, and also natural 
gas. Even though we have found some new gas resources recently, if you 
look at the numbers you can calculate very precisely when we are going 
to run out.
  The cheapest way to develop new sources of energy is by conserving 
the energy we use now. I'm just going to say that again because it's so 
important. If we simply use our energy efficiently, and we conserve 
energy when we can, we can solve most of our energy shortage problems 
for the next 30 to 40 years. That's why I think this bill is very 
important, because it stimulates the use of our ingenuity to reduce the 
amount of energy that we need to use.
  I have had personal experience with this. Some years ago, I got tired 
of paying exorbitant gas bills to keep our home warm, and so I did the 
things that this bill advocates; in other words, proper insulation, and 
doing exactly what you can to prevent loss of energy, et cetera. It 
worked. Since then, my gas bill for heating my house is down about a 
third of what it was before. Now that's a lot of money we're talking 
about, and every American would love to save that amount of money on 
their utility bill every year. That's what this bill will provide. It 
also helps educate or train the people who will be installing the 
energy-saving technology in individuals' homes or in factories, plants, 
and so forth.

[[Page 7420]]

  This does work. The EPA did it some years ago, with their Green 
Lights program. The EPA went around to most of the business buildings 
in this country, factories or stores or whatever, and did an analysis 
of the energy that was used to provide lighting for the buildings, and 
they discovered that they could save a tremendous amount of money. They 
also calculated what the payback time would be if the owner of the 
factory or the store implemented their recommendation. The average 
payback time was on the order of 2 to 3 years. Now, you show a 
businessman how he can save money and in the process get a payback time 
for his investment of only a few years, they're going to do it. That 
program was exceedingly successful. And it worked. That's exactly the 
type of model we're dealing with here.
  So I urge the passage of the bill. I hope it is successful. I hope we 
can resolve the issue of where the money is going to come from so that 
we have uniform support of this on both sides of the aisle, all across 
our nation.
  Mr. MARKEY of Massachusetts. We have just heard from the Republican 
sponsor of the bill, and now we hear from the principal Democratic 
sponsor, the gentleman from Vermont, who has been giving us the 
leadership on this issue for the past 3 years. I yield 3 minutes to the 
gentleman from Vermont (Mr. Welch).
  Mr. WELCH. Thank you, Chairman Markey, and thank you, Mr. Ehlers.
  Madam Chair, a great nation does not shrink from its challenges. It 
faces them directly. We face serious challenges to create jobs in a 
tough economy, to move away from the dirty fuels of the 19th century 
into the cleaner fuels of the 21st, and using less fuel rather than 
more is a solid step that's going to help us accomplish that. We need 
to create manufacturing jobs in this country, where we're losing them 
by the day. Home Star does all three.
  It's going to put our contractors back to work. There's a 25 percent 
unemployment rate. It's going to allow us to use less fuel rather than 
more. Vermonters are cheap. They like that. I think that's something 
that homeowners around the country will like. And it's going to be 90 
percent produced--all the things used in Home Star, 90 percent are 
produced and manufactured in the United States of America.
  So this is a partnership between the government, that will help a 
homeowner with the upfront cost with a point-of-sale rebate, and our 
retailers, our homebuilders, and our manufacturers. So we're going to 
be putting America back to work and addressing these challenges of 
creating jobs and clean energy.
  If we're going to be successful in this challenge and others, we 
really should be doing them on a bipartisan basis. And this is a way of 
showing how it can be done. With the leadership of Mr. Ehlers, we have 
bipartisan support. But we have others.
  Mr. Barton, in the committee, made very constructive suggestions on 
how we can improve this bill, and they were incorporated in it: A 
specific number about how much we're going to spend, not open-ended. A 
sunset, so we can kick the tires after a few years and see how the 
program is working. Former Michigan Governor, a Republican, John 
Engler, a strong endorser. Former Secretary of Energy in the Bush 
administration, Spencer Abraham, fully endorsing this. Why? Because 
it's practical. It's common sense. It's a partnership between the 
public and the private sector.
  There's been a concern raised about spending, and rightly so. This 
bill must be paid for. All of us who support this legislation 
acknowledge that. And we will have to vote on how exactly we're going 
to have this paid for. And we will. But let's keep in mind that there 
is a difference between a wise investment and wasteful spending.
  When you have a bill that's going to put our 25 percent unemployment 
rate folks back to work and it's going to allow homeowners to save 
money, not just this year but next year and the year after and the year 
after that, that's a wise expenditure of money, where we have our 
homeowners putting some of their money down and getting some taxpayer 
help to get the job done. Home Star is that solid investment that is 
going to achieve that hat trick of energy savings for the homeowner, of 
moving towards a cleaner environment, and of creating jobs here at 
home.
  Mr. UPTON. Madam Chair, I would yield 2 minutes to the gentleman from 
California (Mr. McClintock).
  Mr. McCLINTOCK. I thank the gentleman for yielding.
  I rise in opposition to this measure, which they call Cash for 
Caulkers, since it's based on the Cash for Clunkers program, and maybe, 
before we go any further, somebody needs to ask, Well, how did that 
last one work out? In fact, economists at Edmunds.com did exactly that.
  They discovered that of the 690,000 cars sold under Cash for 
Clunkers, 565,000 sales would have happened anyway, which means the 
taxpayers ended up paying about $24,000 for every genuine sale that it 
actually stimulated. But it gets worse. All the program accomplished 
was to entice people to move up their purchase decisions by a few 
months, which then caused below-normal sales in the months that 
followed. In other words, Congress spent $4 billion creating a car 
bubble. With that fresh economic wreckage just behind us, we're about 
to create a $6.6 billion home improvement bubble. We can now replace 
our ``Honk if you're making my car payments'' bumper sticker with 
``Honk if you're paying for my home remodeling.''
  What is this actually going to accomplish?
  First, a lot of fraud. We already know that the Energy Star program 
approved 15 out of 20 fake products that were submitted to them by the 
GAO, including a gasoline-powered alarm clock. One can only imagine 
what home improvement scams taxpayers will fund from this one.
  Second, it's going to pay for a lot of remodeling that would have 
been done anyway. That was the expensive lesson from Cash for Clunkers.
  Third, it's going to be paying for remodeling that makes no economic 
sense except for the rebate. After all, when remodeling actually saves 
money, people do it on their own. Congressman Ehlers just pointed that 
out. And if it doesn't save money, why should taxpayers be forced to 
pay for it in the first place?
  The CHAIR. The time of the gentleman has expired.
  Mr. UPTON. Madam Chair, I yield 30 additional seconds to the 
gentleman.
  Mr. McCLINTOCK. Madam Chair, I was just going to point out, Benjamin 
Franklin pointed out that ``experience keeps a dear school, but fools 
will learn in no other.'' This bill today offers us a sobering 
corollary--that there are some people who cannot even learn from 
experience. We call these people ``Congressmen.''
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 1 minute to the 
gentleman from Michigan (Mr. Stupak).
  Mr. STUPAK. During consideration of the Home Star Energy Retrofit Act 
in the Energy and Commerce Committee, I raised concerns that Home Star 
funding might encounter the same delays we have seen with the ARRA-
funded weatherization projects due to the State Historic Preservation 
Office review required by the National Historic Preservation Act. Since 
committee markup, I have worked with Chairman Waxman and Chairman 
Rahall to ensure no historic preservation review will be required for 
Home Star rebates.
  I have a letter from the Advisory Council on Historic Preservation 
providing a legal opinion that this program would not trigger a review 
under the National Historic Preservation Act. I will submit this letter 
for the Record.

                                                  Advisory Council


                                     on Historic Preservation,

                                      Washington, DC, May 5, 2010.
     Hon. Bart Stupak,
     House of Representatives,
     Washington, DC.
       Dear Congressman Stupak: At the request of your Legislative 
     Assistant, Justin Hagel, we are providing the following 
     opinion regarding the applicability of Section 106 of the 
     National Historic Preservation Act (Section 106), 16 U.S.C. 
     Sec. 470f, to the Home Star

[[Page 7421]]

     Retrofit Rebate Program that would be established under H.R. 
     5019 (Home Star). As the agency responsible for issuing and 
     interpreting the regulations implementing Section 106, we 
     take the position that Home Star would not trigger Section 
     106 responsibilities for the Department of Energy, 
     Environmental Protection Agency, Department of Commerce, or 
     any other federal agency.
       The purpose of Section 106 is to inform federal agency 
     decisions about undertakings that may affect historic 
     properties before such effects take place. The way that 
     Congress has structured the Home Star Retrofit Rebate 
     Program, any effects to historic properties would have 
     already taken place before a federal agency would even be 
     aware of a retrofit project. The Federal Rebate Processing 
     System, as proposed, will not acknowledge that a retrofit has 
     been implemented until after the project has actually 
     occurred.
       The contractor will have given the homeowner a discount 
     based on the expected Home Star Retrofit Rebate Program, 
     submitted a request for a rebate to a Rebate Aggregator, and 
     then submitted the claims to the Federal Rebate Processing 
     System. Under such circumstances, a federal agency would not 
     have the slightest modicum of discretion to exercise 
     regarding effects to historic properties when it makes a 
     decision to reimburse a Rebate Aggregator. Likewise, as 
     explained above, the effects to historic properties, if any, 
     would have already occurred.
       The reimbursement decision by the Federal Rebate Processing 
     System is arguably ministerial, therefore, not subject to 
     Section 106, since Congress specifically requires 
     reimbursement upon the filing of claims, subject only to 
     random quality assurance verifications. This is similar to 
     the Internal Revenue Service's (IRS) processing of tax 
     deductions and credits claimed on income tax returns. Due to 
     the ministerial nature of the IRS's decision making in their 
     review of those returns, the ACHP does not consider such 
     reviews as triggering Section 106 compliance responsibilities 
     for the IRS.
       We appreciate the Committee affording the ACHP an 
     opportunity to review the Home Star Retrofit Rebate Program 
     legislation. If you have any further questions, please 
     contact me.
           Sincerely,
                                                   John M. Fowler,
                                               Executive Director.

  Congress does not want the Home Star program to trigger reviews that 
would delay energy efficiency improvements that benefit consumers, 
manufacturers, and contractors. I want to thank Chairman Waxman and 
Chairman Rahall for working with me to address this concern.
  I also want to thank Chairman Waxman for working with me to include 
the eligibility of energy-efficient wood products in the manager's 
amendment. This provision strengthens the underlying bill and will help 
one of the hardest hit sectors of our economy.
  I urge my colleagues to support the bill.
  Mr. UPTON. Madam Chair, I yield 4 minutes to the gentleman from Ohio 
(Mr. Latta).
  Mr. LATTA. I thank the gentleman for yielding.
  Madam Chair, I rise today to speak against H.R. 5019. As I discussed 
earlier during the rule debate, I have very serious concerns about how 
we are paying for this legislation. In exchange for withdrawing my 
deficit neutrality at the full committee markup, Chairman Waxman said 
he would work with me in trying to find a way to pay for this piece of 
legislation. I do thank the chairman for meeting with me on this 
matter. Unfortunately, we were unable to find a pay-for during our 
negotiation.
  Although this is an authorization legislation and not an 
appropriation, I feel that if this program is important enough to 
authorize, it should be important enough for us to find a way to pay 
for it. I am concerned that the majority could not give any assurance 
that this bill will indeed be paid for.
  I offered an amendment yesterday regarding the Federal deficit that 
was not accepted in the Rules Committee, and therefore we are not able 
to have an open debate on this issue today on the House floor. It is 
frustrating that the majority has shut down the opportunity to have a 
debate on the cost of this legislation and the addition it will be to 
the Federal deficit.

                              {time}  1245

  The majority is claiming that this bill does not need to have a pay-
for since, again, it is an authorizing bill. However, I believe that 
the issue of the budget deficit should at least be able to be debated.
  While I support the incentives to help provide energy efficiency as 
well as programs to promote job growth, I am very concerned about the 
$6.6 billion price tag of this legislation. In addition, this is 
duplicative of an existing government program that has not been fully 
implemented.
  Just a little bit ago, the gentleman from Florida stated--but I think 
it's really important to reiterate--that the Department of Energy 
recently issued a report concluding that as of February 2010, of the 
$4.7 billion DOE has awarded in grants to States under the stimulus 
weatherization programs, only $368 million--less than 10 percent--has 
been used by the States for weatherization programs and only 30,297 
homes have actually been weatherized.
  Of the 10 States receiving the most money under the $4.7 billion 
allocated for the weatherization program under the Recovery Act, only 
two had weatherized more than 2 percent of the homes covered by the 
program. The other eight States weatherized fewer than 400 homes each. 
Because the $4.7 billion weatherization program has been incredibly 
slow to implement, I have concerns about the effectiveness of the $6.6 
billion in the Home Star Energy Retrofit program.
  This simply is not the right time for a new program. Ohio currently 
has an unemployment rate of 11 percent, and my district has an average 
unemployment rate of 13.5 percent. Individuals in my district are 
asking, Where are the jobs? And these same individuals are asking how 
Congress can continue to spend more and more money on government 
programs rather than cut spending to ensure a better future for our 
children and grandchildren. They are very concerned about the debt and 
the deficit that this Congress is amassing. That is why I offered the 
amendment to the legislation regarding the national deficit and why I 
wanted to have a debate on this amendment on the House floor in regards 
to this legislation.
  Unfortunately, I cannot support another government-run program that 
will do nothing to help the constituents of my district. I urge a 
``no'' vote on the bill.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 1 minute to the 
gentleman from New York (Mr. Engel).
  Mr. ENGEL. I thank the gentleman from Massachusetts, and I second 
what he said about this bill being a win for all.
  I'm sorry there is so much negativity on the other side of the aisle 
about this bill. This bill takes care of our energy needs and at the 
same time creates a bold effort to create jobs and to improve the 
economy.
  We cannot rest. Too many Americans are unemployed, and in particular, 
middle class Americans are still hurting. We must remain focused on 
revitalizing our economy, and this bill helps to do that.
  A smart and effective way to generate jobs is through home retrofits. 
We can incentivize consumers to weatherize their homes and put our idle 
contractors and construction workers to work. In turn, many households 
would save substantial money by weatherizing their homes.
  So this Home Star program is a good one. I encourage my colleagues to 
support this bipartisan legislation, stop with the negativity. Let's 
move on together.
  Mr. UPTON. Madam Chair, may I inquire as to the time remaining on 
both sides.
  The CHAIR. The gentleman from Michigan has 11\1/2\ minutes remaining, 
and the gentleman from Massachusetts has 20 minutes remaining.
  Mr. UPTON. Madam Chair, I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 1 minute to the 
gentlelady from California (Mrs. Capps).
  Mrs. CAPPS. Madam Chair, I rise to express my strong support for the 
Home Star Energy Retrofit Act.
  If the unfolding tragedy in the gulf teaches us any lessons, it's 
that we should be using less energy and getting the energy we need from 
cleaner sources. This bill is one of several steps taken by this 
Congress and this administration to achieve these goals that

[[Page 7422]]

are so important to our economy, to our environment, to our national 
security.
  The fast-acting Home Star program will create hundreds of thousands 
of jobs in hard-hit industries like construction and manufacturing, 
will reduce energy use in millions of homes, and it will save 
homeowners billions in energy bills for years to come. It will do this 
by providing homeowners upfront rebates for energy-saving investments 
like new appliances, efficient windows, and insulation.
  Madam Chair, our communities desperately need jobs, and Home Star 
will help create them. It's a critical step toward building the kind of 
clean energy economy we need to lift up our communities, spur on 
sustainable growth, and end our addiction to dirty fossil fuels.
  I applaud the bipartisan efforts that have brought Home Star to the 
floor of the House. I urge my colleagues to vote for its passage.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 1 minute to the 
gentleman from Washington (Mr. Inslee).
  Mr. INSLEE. Madam Chair, scientists have made an amazing discovery, 
and that is, we are the Saudi Arabia of energy. We have the ability to 
power the growth of our economy by finding efficiency right in the 
walls and windows and doors of our homes, and this bill will unlock 
that incredible source of energy that is clean. If Americans want to 
know what we can do to avoid the problem we're seeing in the Gulf of 
Mexico, it's to take advantage of this bill and make our homes more 
efficient.
  Some of the Republicans don't want to help us on this bill, but they 
sure had no problem giving $1 billion of subsidies to the oil companies 
that are responsible for the disaster in the Gulf of Mexico. If they 
want to help us in finding a way to pay for this bill, which we are 
going to find, I hope they will cosponsor our bill to raise the limit 
of liability of the companies that are responsible for this to $10 
billion so that they pay for this cost. They will need to abandon their 
friends in the oil industry, but help the American taxpayer, and we 
will get the efficiency we deserve.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 1 minute to the 
gentleman from Utah (Mr. Matheson).
  Mr. MATHESON. Madam Chair, I rise in support of H.R. 5019, the Home 
Star Energy Retrofit Act; and I want to commend Congressman Welch for 
his extremely productive efforts on pursuing this issue. This Home Star 
program will help support jobs in the construction and home 
retrofitting sectors, which have been among the hardest hit during this 
economic recession. In addition, in my home State of Utah, it will help 
homeowners make the investments necessary to improve energy efficiency 
in their homes, which in turn will help them save money on their energy 
bills.
  In my State of Utah, well over half of an individual's residential 
energy bill goes to home heating and air conditioning, and we have all 
felt the impact of increased home energy costs on our budgets over the 
last few years. We know that savings from energy efficiency upgrades 
are among the best ways homeowners can keep their energy costs low.
  This bill is supported by over 1,200 companies and organizations 
nationwide, including the U.S. Chamber of Commerce, the National 
Association of Manufacturers, and in my home State, the Utah Clean 
Energy Coalition and utahgreenhomes.com.
  I encourage my colleagues to support this bill, and I hope the Cash 
for Caulkers program can be signed into law soon.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 1 minute to the 
gentleman from North Carolina (Mr. Butterfield).
  Mr. BUTTERFIELD. Thank you very much, Chairman Markey, for your 
leadership and thank you for bringing this important job-creating bill 
to the floor today.
  Let me just highlight a section of the bill that I worked on to 
guarantee that all data processing jobs created will be American jobs. 
Because of this bill, companies and nonprofits will be aggregating data 
to provide rebates for thousands of energy-efficiency projects created 
by the act. We have ensured that the work is done right here in the 
U.S.
  The offshoring of data services, which is commonplace in the 
corporate world, not only kills American jobs, but also presents a 
security concern as government data could be flowing to parts unknown. 
The language in this bill ensures that the work remains on American 
soil with the American worker doing the job.
  I am proud to support the Home Star Act and thank the chairman for 
his leadership. This bill will create jobs and continue to put us on a 
path to a more sustainable future.
  Mr. UPTON. Madam Chair, I yield 1 minute to the minority leader of 
the House, Mr. Boehner of Ohio.
  Mr. BOEHNER. Let me thank my colleague for yielding and remind my 
colleagues that once again we're debating the Cash for Caulkers bill. 
We are going to weatherize homes around America, and we're going to put 
Americans back to work once again. The only problem is that we spent 
almost $5 billion in the stimulus bill 15 months ago, the States are 
awash in weatherization funds, and a lot of the money that has been 
spent has gone to crooked contractors, shoddy work, and there are 
investigations going on all over the country. But in spite of all of 
the evidence that this plan is not really working, we're going to 
authorize $6.6 billion of money that we don't have so that we can caulk 
homes.
  Now, I think it's a good idea to caulk your home, to weatherize your 
home, to make our homes more energy efficient; but we have to remember 
something: 43 cents of every dollar the Federal Government spends this 
year we're going to borrow. And guess who gets to pay that money back? 
It's going to be our kids and our grandkids.
  The gentleman from Massachusetts is suggesting that we ought to pass 
this bill, continue this Cash for Caulkers program, and then send the 
bill to our kids and grandkids. Count me out.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield myself 1 minute.
  The point here is that what the United States, over the years, has 
done is to not properly focus upon the things that we can do in order 
to avoid ever having to import oil from Saudi Arabia, from OPEC. The 
smartest way to do that is to put in place programs that have the most 
efficient air conditioners, the most efficient heating systems, the 
most efficient windows, the most efficient devices that consumers can 
use in order to reduce their energy bills, reduce the need for us to 
import energy from overseas, to improve our own American self-
sufficiency, and to pass on to the next generation a country that is 
using our technological genius. That's who we are.
  The United States only has 2 percent of the oil reserves in the 
world; that's our Achilles' heel. Our strength is that we are a 
technological giant. When we apply our technological genius, we solve 
problems.
  Madam Chair, I yield 1 minute to the gentleman from the State of 
California (Mr. McNerney).
  Mr. McNERNEY. Madam Chair, I rise today as a proud cosponsor of H.R. 
5019, the Home Star Energy Retrofit Act of 2010. And I want to offer a 
warm congratulations for my good friend and colleague, Peter Welch, who 
has shown a tremendous amount of leadership on this issue.
  Basically, what H.R. 5019 does is provide incentives for consumers to 
invest in energy efficiency upgrades to their homes. This is going to 
create many, many jobs, it's going to create new businesses, it's going 
to save greenhouse gas emissions, it's going to help homeowners on 
their energy bills.
  I am pleased that an amendment that I offered in the committee to 
H.R. 5019 was accepted. Basically, what that does is it allows the 
business community to have confidence that they will get their 
reimbursement within 30 days, that the DOE will handle that 
reimbursement within 10 days. So I urge my colleagues to support the 
Home Star bill.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield 1 minute to the 
gentleman from Vermont (Mr. Welch).

[[Page 7423]]


  Mr. WELCH. I thank the gentleman.
  Two things: one, the concern about weatherization versus this 
program. This is different. It is a direct engagement by the homeowner. 
They make the decision, and then they go to the existing infrastructure 
of retailers and contractors. So there is not layers of government. 
This is something that Governor Engler of Michigan said made this 
program very practical and user friendly.
  Second, I want to remind folks of the broad basis of support from 
unusual allies--the National Association of Manufacturers, a key vote; 
U.S. Chamber of Commerce, key vote; National Lumber and Building 
Material Dealers Association--that's 6,000 retail businesses; National 
Association of Home Builders, 175,000 members; the Alliance to Save 
Energy; the Home Star Coalition; Efficiency First; and the Retail 
Industry Leaders Association. This has broad support because it's 
practical and addresses a real-world problem by creating jobs and 
letting folks save money on their energy bills.

                              {time}  1300

  Mr. MARKEY of Massachusetts. Madam Chair, I yield myself 2 minutes.
  Mr. Welch has just gone down the litany of organizations, from the 
National Association of Manufacturers, to the Chamber of Commerce, the 
steelworkers, the communications workers, utility workers, American 
Federation of Teachers. The list goes on and on on both sides. This is 
the kind of program that the United States should be thinking about at 
the point at which night after night we see this oil spill down in the 
gulf because it once again reminds us that the United States only has 2 
percent of the oil reserves of the world.
  What we do in this legislation is create a program that provides the 
rebates to homeowners to jump-start the manufacturing, the retail, the 
construction industry, focusing upon using technologies, manufactured 
in America, with high standards of efficiency. And by doing so, we say 
to our country that we are going to turn to our own people, that when 
America has a plan, America wins.
  This is part of a plan. And it is a part of a plan to end dependence 
upon imported oil. We just can't have half of our trade deficit coming 
from the purchase of oil from countries that we should not be 
purchasing it from. We need a plan. This bill is part of that plan. 
This bill is part of the plan that says that we are going to end 
business as usual. And what are the companies that we are going to use? 
We are going to use companies like Whirlpool, and we are going to use 
companies all across our country that manufacture these items that are 
20 percent, 30 percent, 40 percent more efficient than anything that 
people have in their homes who are going to become a part of this 
program.
  The CHAIR. The time of the gentleman has expired.
  Mr. MARKEY of Massachusetts. I yield myself 1 additional minute.
  The result of this will be a concomitant reduction in energy bills, 
in importation of energy, and kind of the sense that America has that 
we are losing control of our ability to control our own energy agenda.
  At this time, I yield 1 minute to the gentleman from Oregon (Mr. 
Blumenauer).
  Mr. BLUMENAUER. Madam Chair, I appreciate the gentleman's courtesy, 
as I appreciate his leadership.
  This bill is perfectly timed to help American families increase the 
efficiency of their homes, saving money on their energy bills, and 
create jobs for those in the construction industry which has been 
especially hard hit by the recession.
  I am pleased that the bill includes incentives for States to support 
programs where utilities make loans to consumers to make upgrades and 
repay the cost on their utility bill. This is an important tool. It is 
especially important in the Pacific Northwest which has pledged to meet 
85 percent of our future energy demand with energy efficiency. The 
Northwest has recognized not only that energy efficient is carbon free, 
but it costs less than half as much as new power plants.
  This bill will provide our region with the tools we need to meet our 
ambitious targets for a low-carbon, energy-efficient future to 
revitalize the economy and protect the planet. I am deeply appreciative 
of this, and look forward to its enactment.
  Mr. MARKEY of Massachusetts. Would the Chair inform us as to the 
order of completion of debate.
  The CHAIR. The gentleman from Massachusetts has the right to close.
  Mr. MARKEY of Massachusetts. I reserve the balance of my time.
  Mr. UPTON. Madam Chair, I yield myself the balance of my time.
  Madam Chair, first of all I want to thank the majority for working 
with a number of Republicans in the committee. The gentleman from 
Massachusetts (Mr. Markey) and Mr. Waxman and Mr. Welch worked with me 
on allowing home builders to be certified for the work, something that 
we thought was very important.
  They worked with Mr. Shadegg on an amendment to make sure that 
tankless water heaters were included, something we know is very 
important in the process; and Mr. Shimkus on geothermal; three 
amendments that all of us on both sides of the aisle strongly 
supported. We welcomed that good work.
  And to a degree, we also worked on clearing up one of the major 
objections from the start, and that was the original legislation talked 
about such sums, which as we calculated was going to be up to $23 
billion. That objection was looked at and we were able to reduce it 
significantly, but it is still $6.6 billion in terms of what that cap 
may be over the next 2 years.
  And if you look at the talking points out there, we are talking about 
168,000 jobs and if you divide that by the $6.6 billion, you come out 
to about $39,000 a job and that is just too much.
  Mr. Latta worked in good faith from the time that the full committee 
ended the markup a couple of weeks ago to try and get an amendment to 
sunset the act. The legislation would have a negative effect on the 
Federal budget deficit. He was led to believe that amendment might be 
in order. Despite the assurances of some on the committee, it appears 
that the Rules Committee denied that amendment. But we will have a 
chance. That amendment, as I understand it, will be part of our motion 
to recommit, and hopefully that motion to recommit with that provision 
will be included which is one that Mr. Latta spoke about earlier in 
support of that amendment.
  But the real problem for many of us on our side is that this is 
really a duplicative program going back to the Department of Energy's 
stimulus funding. And after a year of that, remember that was adopted 
in February of 2009, after a year and the money in that stimulus bill, 
there were promises in fact that that was going to create 87,000 jobs. 
And a year later, February of this year, it looked as though only 10 
percent of that 87,000 figure was recognized, or about 8,500 jobs, not 
the 87,000. Remember as part of the stimulus, they had to be job ready. 
Money had to go out the door as quickly as could be. A year later, we 
were still only 10 percent of the jobs that were promised, far short of 
that number.
  Now, we have a $1.5 trillion deficit this year. A lot of us on our 
side think we should be taking the time to go through every program, 
every program in that budget to look at where we might be able to find 
some savings, go page by page. The taxpayers deserve no less. Enough is 
enough. This is a $6.6 billion new program entrusted to the Department 
of Energy which after a year could only deliver 10 percent of what they 
were promising in the stimulus bill from last year.
  So our view on this side, many of us say without the Latta amendment 
to make sure that in fact there is not an impact on the deficit, we 
would ask Members to vote ``no.''
  Madam Chair, I yield back the balance of my time.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield myself the balance 
of my time.
  Madam Chair, again, let me summarize. Home Star is a 2-year energy 
efficiency program that will save $9.2 billion in consumer energy 
costs, create or save 168,000 jobs when our country

[[Page 7424]]

desperately needs an increase in the number of people who are working, 
and increase energy independence across the Nation by sending a signal 
that we are going to use new technologies, more efficient technologies 
to back out that oil that we import.
  Home Star's Silver Program is a 1-year program to provide rebates for 
energy efficient materials and installation. It will jump-start 
manufacturing, retail, and construction jobs.
  Home Star's Gold Star program is a 2-year program that allows 
homeowners to receive rebates for making their homes at least 20 
percent more energy efficient, and that includes any measure approved 
through an energy audit. Gold Star does not pick winners and losers. We 
just want the most efficient technologies to be used to reduce energy 
consumption in our country.
  Finally, Home Star offers an energy efficiency loan program. This 
program will offer low-interest loans to help offset a household's 50 
percent share of energy retrofit cost.
  Again, an all-star cast of supporters. You are not going to see this 
very often: the National Association of Manufacturers, the U.S. Chamber 
of Commerce, the National Association of Home Builders, partnered with 
the steelworkers, with the communication workers, with the laborers, 
the utility workers, the transit unions, the sheet metal workers. This 
is what America needs if we are going to put our country back to work 
again. We should embrace this in a bipartisan fashion so that we can 
create a plan for our country to reduce energy consumption while we use 
American workers to accomplish this goal.
  Ms. ESHOO. Madam Chair, I rise today in support of H.R. 5019, the 
Home Star Energy Retrofit Act of 2010. This sensible legislation 
addresses two of the most pressing issues of our day: our immediate 
need for jobs and our future energy reliance.
  At its heart, the bill is simple--it will provide rebates to 
homeowners who make energy efficiency improvements to their homes. But 
the effects of this simple legislation will be anything but modest. 
Homeowners who participate in the rebate program will purchase American 
energy efficiency products and employ American workers to install these 
products, creating almost 170,000 jobs in the construction and clean 
technology industries.
  Homeowners who purchase the improvements will save money in energy 
costs--nearly $10 billion over the next decade and the energy 
equivalent of 6.8 million barrels of oil next year alone. These past 
few weeks, the oil spill in the Gulf of Mexico has reminded us of the 
truly destructive power of our energy habits and the urgent need to 
reduce our dependence on 20th century fuels.
  I also know personally just how important energy efficiency 
renovations can be and how much money they can save. I'm very proud 
that my District Office in Palo Alto is now the only Congressional 
office in the country that is Green Certified by the Bay Area Green 
Business Program. The improvements and policies we've introduced in my 
office save taxpayer money and reduce pollution and energy usage 
throughout our District.
  H.R. 5019 will help homeowners throughout the nation achieve similar 
improvements, rewarding them with lower costs and providing our nation 
with more jobs and greater energy independence. It is simple, sensible 
legislation that will move us forward on two critical priorities.
  Mr. ELLSWORTH. Madam Chair, I rise today in objection to ineffective 
and wasteful government spending, and to thank my Colleagues for 
accepting my common-sense proposal to the Home Star Energy Retrofit Act 
of 2010.
  As I traveled throughout Indiana's 8th Congressional District over 
the last few months, I came across many community leaders who expressed 
concern to me about the wasteful government spending they were 
witnessing firsthand. In particular, they were alarmed by the numerous 
boxes full of so called ``promotional items'' they received from the 
Census Bureau. Although the local leaders and I both acknowledged the 
critical importance of the Census count, we could hardly see how 
government spending on embroidered shirts, coffee mugs, CD cases, and 
lunch bags was an effective use of taxpayer dollars--all items that 
were received in large quantities by the communities throughout 
Indiana's 8th Congressional District.
  As a result of this experience, I demanded detailed information on 
the promotional budgets of several federal departments, including the 
Census Bureau, in order to raise awareness of this kind of government 
spending. The results I found were startling on many fronts. For 
example, I was outraged when I learned the Chicago Region of the Census 
Bureau alone spent $3,841,317 on ``promotional items.''
  And I made it a priority to ensure this type of wasteful and 
ineffective spending never again gets through this Congress.
  So today, I had the opportunity to fulfill my commitment through the 
Home Star bill. I support the overall bill. It will help thousands of 
my constituents significantly reduce their home energy bills, and it 
will create many jobs in the home construction and manufacturing 
sector. However, I was deeply concerned when I found a section of the 
bill that provided funding for an ``Educational Campaign.'' To me, this 
section of the bill left open the very real possibility of more 
wasteful government spending on things like embroidered t-shirts and 
coffee mugs.
  That's why I offered language to ensure this bill will not allow for 
spending on promotional items, and I want to thank Chairman Henry 
Waxman and the Energy and Commerce Committee staff for working with me 
on this important taxpayer protection.
  Madam Chair, as we seek to address the many challenges facing our 
nation, we must be vigilant about putting a stop to ineffective and 
wasteful spending. Finding new ways--large and small--to trim 
government spending will play a large part in moving our government in 
the right direction. I pledge to continue to do my part here in 
Washington, and I will continue to depend on my constituents to inform 
me of the wasteful government spending they experience in everyday 
life. We must all work together to restore fiscal sanity to our budget 
and get our country back on track.
  Mrs. DAVIS of California. Madam Chair, San Diegans may have 
``America's Finest Weather,'' but when we do use our heating and 
cooling systems we want to ensure they provide the best cost-benefit 
for our pocketbooks and our planet.
  In fact, one of our major hotels in the Gaslamp District is currently 
competing against 13 other businesses across our country to see which 
can retrofit and reduce energy use the most, as part of the EPA's 
Energy Star National Building Competition.
  So I'm pleased that the Home Star Energy Retrofit legislation before 
us will let the homeowners in my district follow that example.
  This is the kind of nuts and bolts legislation we need--it saves 
homeowners money, puts Americans back to work, and cuts energy 
consumption--by retrofitting the nuts and bolts of our appliances and 
our homes.
  In fact, we've been calling this retrofitting, but ``future-fitting'' 
is a more appropriate name.
  We are investing in the future of our country's economy by creating 
jobs and helping the future of our environment by lowering energy 
consumption.
  This bipartisan legislation makes sense and shows what we can do when 
we reach across the aisle and work together to create jobs and protect 
our environment.
  Mr. STARK. Madam Chair, I rise today in support of legislation that 
continues Congress's commitment to making our economy greener while 
creating good jobs. The ``Home Star Energy Retrofit Act'' (H.R. 5019) 
will provide immediate incentives for consumers who renovate their 
homes to become more energy efficient. This will create good paying 
jobs while saving families money.
  The average American household spends $2,100 per year on energy 
costs. Nearly 25% of that can be saved through efficiency upgrades. 
Unfortunately, many families cannot afford to make the changes needed 
to achieve savings. Using rebates will bring these upgrades within 
reach for 3 million families.
  Up-front rebates of up to $3,000 will be provided for the 
installation of insulation, windows, doors, air and duct sealing, and 
water heaters. This will not only save families money and reduce energy 
usage, it will also create an estimated 170,000 jobs in construction, 
manufacturing, and retail. The legislation also provides seed money to 
States to support loans to consumers to finance energy efficiency home 
renovations.
  As we are witnessing in the Gulf Coast, our addiction to fossil fuels 
has real and sometimes disastrous consequences. We must become more 
efficient and transition to an economy based on clean energy. We must 
continue to enact policies that invest in clean and renewable energy 
and energy efficiency and we can do so in a way that creates good-
paying jobs. I urge all of my colleagues to vote yes.
  Mr. CONYERS. Madam Chair, I rise today in support of the Home Star 
Energy Retrofit Act, which will provide immediate incentives for 
homeowners to make their houses more energy efficient. This two-tiered 
program will

[[Page 7425]]

offer rebates for the insulation of houses and other energy-saving 
measures. By installing energy efficient windows, doors, water heaters 
and taking other steps to consume less energy, families can expect to 
save over $200 in costs each year. Energy audits will allow homeowners 
to know what other upgrades should be made.
  In addition to allowing consumers to take advantage of the potential 
long-term savings in their heating and cooling costs, this rebate offer 
will continue the New Direction Congress' focus on creating clean 
energy jobs. An estimated 168,000 American jobs are expected to be 
created in the construction, manufacturing and retail industries--all 
of which have taken a tremendous hit during the current economic 
downturn.
  This legislation, like the funds in the Recovery Act to weatherize 
low-income homes, shows this Congress' continued commitment to reducing 
the energy usage of houses across the country, which will keep money in 
Americans' pockets and decrease air pollution in many communities. 
While these funds do not provide money for roof repair, which is a 
serious need in many low-income communities and is something I hope 
Congress addresses soon, I still think that this bill will do much to 
improve efficiency in many homes.
  The recent disaster in the Gulf Coast provides yet another tragic 
example of why we should be focusing on energy alternatives that are 
clean and safe. I am pleased to join labor, manufacturing and 
environmental groups in being in favor of this bipartisan legislation 
and I encourage my colleagues to support the bill.''
  Mr. ETHERIDGE. Madam Chair, I rise today to support the Home Star 
Energy Retrofit Act of 2010, H.R. 5019. This legislation is an 
essential step to help Americans save on their energy bills while 
spurring the creation of good jobs and the development of new green 
industries that will help drive our nation's economic recovery and help 
us achieve a degree of energy independence.
  I commend Representative Welch for sponsoring this very important 
piece of legislation, which is bipartisan and supported by many pro-
business and environmental organizations including the National 
Association of Manufacturers, the U.S. Chamber of Commerce, the 
National Association of Home Builders, Home Depot, Laborers' 
International Union of North America, Natural Resources Defense 
Council, and the Home Star Coalition with over 1000 business and 
organization members nationwide. These groups agree that Home Star will 
spur much-needed consumer demand for energy-efficient products and 
building materials by providing significant and immediate rebates for 
home energy-efficient renovations. As a result, Home Star will quickly 
create jobs in the manufacturing, distribution and sale of energy-
efficient products. These kinds of jobs are good for America, as 
construction jobs cannot be outsourced and 90 percent of the energy 
saving products needed for Home Star, including windows, doors, and 
insulation, are manufactured in the USA. In fact, according to a study 
conducted by the management consulting group McKinsey and Company, this 
legislation is expected to create 168,000 jobs.
  Madam Chair, this legislation is a win-win for our economy. It will 
reduce the grip of foreign oil on our nation while spurring economic 
activity and job creation. I strongly support this legislation and 
encourage my colleagues to do the same.
  Mr. DINGELL. Madam Chair, I am proud to stand in support of HomeStar, 
which holds much promise in three important areas. First and foremost, 
it will create jobs. Second, it will lead to greater residential energy 
efficiency. Third, it has the potential to lead to significant consumer 
savings.
  In terms of jobs, Madam Chair, my home state of Michigan is in a 
desperate situation. Our current unemployment rate is 14.3 percent and 
Wayne County has an unemployment rate of 15.7 percent. Between 2001 and 
2009, Michigan lost nearly 43 percent of its construction jobs. The 
bottom line, we need jobs and we need them desperately. This program 
has the potential to put 168,000 workers back on the job. Not only will 
this help individual workers, but also small business, which has been a 
particularly hard hit segment of our economy. We cannot afford not to 
move forward.
  According to the HomeStar Coalition, the energy efficiency gains have 
the potential to equal the removal of 615,000 cars from the road. This 
is particularly important since the Senate has yet to act on broader 
climate change legislation.
  Finally, this program will be of great benefit to homeowners. This 
could save families as much as $9.4 billion in energy costs over ten 
years. In addition, it makes homes more valuable. In these economic 
times, these savings and increased home values cannot be 
underestimated.
  Madam Chair, HomeStar follows on the heels of the wildly successful 
Cash for Clunkers program in which the federal government provided 
consumers vouchers to purchase new, more fuel-efficient vehicles. The 
initial allocation of $1 billion was exhausted sooner than anticipated 
and we had to secure an additional $2 billion in funding for the 
program. Cash-for-clunkers was responsible for the sale of nearly 
700,000 new vehicles in the U.S. during its run, and it added nearly 
one percent to third quarter GDP growth. Cash-for-clunkers has been 
hailed as the most successful of all recent government economic 
stimulus programs. According to the Center for Automotive Research 
(CAR), cash-for-clunkers created approximately 40,200 new jobs 
nationally, of which 5,800 were in Michigan.
  I urge all my colleagues to support this important legislation.
  Mrs. MALONEY. Madam Chair, I rise today to voice my support for H.R. 
5019, the Home Star Energy Retrofit Act.
  This legislation will help to create jobs, while saving consumers 
money, and reducing our Nation's energy consumption.
  It will also provide an important boost for the construction sector 
which has been mercilessly pounded by both the recession and the 
collapse in new housing construction.
  In my role as Chair of the Joint Economic Committee, we have been 
examining the sector-by-sector impact of the Great Recession. The 
construction sector has seen employment drop by almost 28 percent since 
the recession began. More than two million jobs--in this sector alone--
were lost.
  We're not going to get those jobs back overnight, but policies like 
The Home Star Energy Retrofit Act can play an important role in 
encouraging growth in construction while speeding our transition to a 
more energy-efficient economy.
  The legislation provides rebates to consumers for purchasing energy-
efficient products or materials and for doing renovations to make their 
homes more energy efficient.
  Consumers can get the rebates for buying caulk or insulation at their 
local hardware store, for example, or working with a contractor on 
larger projects, such as installing new heating or cooling systems, or 
replacing windows.
  The larger the project, the larger the rebate.
  The legislation also creates a new State-Federal program to provide 
loans to consumers for renovations that improve energy efficiency.
  The Home Star legislation builds on the energy efficiency provisions 
in the Recovery Act, including weatherization programs targeted at low-
income families and retrofits of public housing.
  The legislation helps us accomplish two key goals--increasing jobs 
and reducing our energy costs and consumption.
  A number of studies have already shown the job creation power of 
retrofitting homes and buildings.
  The Center for American Progress estimated that $40 billion invested 
in retrofits would create approximately 800,000 jobs. And these are 
good, high-paying jobs--construction workers, carpenters, electricians 
and roofers.
  Finally, residential and commercial buildings use 40 percent of the 
energy in our country and account for 40 percent of carbon emissions.
  The Home Star Energy Retrofit Act will speed the pace of home 
retrofits, speed up the creation of badly needed jobs, decrease our 
demand for carbon based fuels, and help us move more quickly to a 
cleaner, brighter, more energy efficient future.
  I encourage you to support H.R. 5019.
  Mr. THOMPSON of Mississippi. Madam Chair, I come to the floor today 
in support of the legislation before us, and to talk about companion 
efforts that can and should be undertaken to create jobs and ensure 
that people around the country are better protected from natural 
disasters. I support providing incentives to homeowners to make their 
homes energy efficient. However, at the same time, I believe we must 
help Americans make their homes stronger and safer.
  I have long been a proponent of disaster mitigation and resiliency 
measures, and in fact, have sponsored a number of pieces of legislation 
that would assist families in strengthening their homes. I have also 
drafted an amendment to the Home Star bill, which though I did not 
offer, I am hoping can be the basis for discussions with the House, 
Senate and Administration as this bill moves forward.
  Americans across the country are at risk from natural disasters. 
Though we cannot easily mitigate the disasters themselves, we can 
mitigate and lessen their impact. Homes can be strengthened to protect 
from the devastating effects of hurricanes, earthquakes,

[[Page 7426]]

flooding, and tornadoes. Strengthening roof attachments, creating water 
barriers and seals, constructing saferooms, elevating electrical 
systems, adding storm shutters and roof protection systems are examples 
of what can be done to save lives and property.
  Disaster resiliency not only helps better protect our residents and 
their property, but it creates jobs and is cost effective. A disaster 
mitigation program in Florida has found that for every 50 to 75 homes 
made more resilient, 160 construction jobs are created. Imagine if we 
were strengthening hundreds of thousands of homes in harm's way. We 
would create tens of thousands of jobs.
  We would also be making a smart investment . . . one that will have 
significant cost savings. For every $1 spent to strengthen homes and 
communities, $4 is saved in recovery and rebuilding costs. That is not 
an insignificant cost savings.
  Disaster mitigation also decreases energy use and reduces greenhouse 
gas emissions. South Carolina's state mitigation program found that 
installing disaster resiliency measures decreased energy usage by 
almost 30 percent. And, though not immediate, there are significant 
energy savings from preventing the destruction, and subsequent 
rebuilding, of homes and other structures.
  Pairing disaster mitigation and energy efficiency retrofits makes 
sense. Federal programs should be making sure that energy efficient 
upgrades can withstand known risks, including natural disasters. In 
coastal areas, that means making sure that windows and doors are wind 
resistant in addition to being energy efficient, and it means making 
sure that the roof can withstand wind so that the home, and the energy 
efficiency work, is not wiped away in the next storm. Strengthening and 
protecting homes and buildings at the same time as we are making the 
homes energy efficient will help to protect our federal investment.
  Providing incentives for disaster resiliency and mitigation has the 
support of numerous organizations including environmental groups, 
taxpayer advocate organizations, and affordable housing advocates. I 
believe there is widespread support for strengthening homes and 
buildings in harm's way. I look forward to working with my colleagues 
either on including incentives in Home Star as it moves forward or as a 
companion piece of legislation.
  Mr. GENE GREEN of Texas. Madam Chair, I rise today in strong support 
of H.R. 5019, the Home Star Energy Retrofit Act, because this Congress 
must continue to make sure that Americans are getting back to work and 
that we are continuing to move our economy forward.
  In our congressional district, the construction industry is one of 
the highest sources of income for residents, yet this industry has been 
especially hard-hit by the recent economic downturn.
  Unemployment rates in the construction industry have risen almost 
17.4 percent and have shed over 134,000 jobs over the past two years.
  The HomeStar program seeks to increase employment in the construction 
and construction-related sectors and increase building energy 
efficiency to significantly reduce energy use in America.
  It is estimated that the program will create approximately 168,000 
more jobs in the construction and manufacturing sectors, while 
promoting American-made goods and services.
  The program also seeks to address the issue of rising home energy 
costs by improving building energy efficiency.
  I have always been a strong supporter of energy efficiency and I am 
pleased the HomeStar program will build on already existing energy 
efficient retrofitting programs to save homeowners as much as $9.2 
billion in energy costs over 10 years.
  Congress should continue to invest in job creation and energy 
efficiency measures in order to keep our nation a leader in the global 
economy.
  I urge my colleagues to support this bill.
  Mr. FALEOMAVAEGA. Madam Chair, I rise in strong support of H.R. 5019, 
the ``Home Star Energy Retrofit Act of 2010.'' First I want to thank 
the chief cosponsor Congressman Peter Welch and all cosponsors for 
their support. I also want to commend Chairman Henry Waxman of the 
House Committees on Energy and Commerce, Chairman Sander Levin of the 
Committee on Ways and Means; and Chairman Edolphus Towns of the 
Committee on Oversight and Government Reform, and House Speaker Nancy 
Pelosi, for their leadership on this important issue.
  Madam Chair, the ``Home Star Energy Retrofit Act of 2010'' continues 
the road to economic recovery that was set in motion last year when 
President Obama and the U.S. Congress approved $787 billion in stimulus 
funding. Between January 1 and March 31 of this year alone 682,779 jobs 
were funded through recovery funding. Yet, more work remains to be done 
to sustain recovery and strengthen our economy and the piece of 
legislation before us today pursues this policy objective. It will 
provide further assistance to . . . facilitate energy conservation in 
homes across the Nation; create more jobs in the home construction and 
remodeling industries; promote domestic energy efficient products and 
equipments; and offer financing for homeowners to improve energy 
efficiency in homes. Overall, the economic benefits from this bill will 
provide more support for the many families across the country.
  Madam Chair, data shows that American homes account for about 33 
percent of the Nation's total electricity usage and an estimated 22 
percent of all energy use in the United States. Because of high energy 
consumption in the country there are substantial economic benefits to 
be gained from installing energy-efficient improvements in every home 
across the Nation. A study by the Joint Center for Housing Studies of 
Harvard University supports this assessment noting that ``energy 
efficiency is one area where the economic benefits of green remodeling 
are readily apparent,'' and that ``the introduction of green systems 
could have a tremendous impact on national consumption.''
  The same study also finds that nearly all of the 130 million homes 
across the country can be retrofitted with energy efficient 
improvements to realize savings in energy and utility costs. More 
significantly, retrofit and renovation work provide significant 
employment opportunities for the capable workers.
  In essence, H.R. 5019 will create a national rebate program that will 
allow consumers to purchase and install at affordable costs, energy-
efficient equipments and materials in existing homes. It consists of 
two-tracks, Silver and Gold programs, for long term and short term 
gains. Under the Silver program, rebates are awarded to contractors and 
vendors that are installing energy efficiency measures and from there 
the savings are passed on to the consumers. Rebates will apply to the 
cost of purchase, assembly and installation of insulation, windows, 
window film, sealants, doors, heating and cooling replacement systems, 
and water heaters that meet minimum energy efficiency requirements. 
Overall, the homeowners may get up to $3000 in rebates.
  Under the Gold Star program, rebates are available for energy 
retrofit works that will result in improvements in energy efficiency by 
at least 20 percent for the entire home. It rewards homeowners who 
conduct a comprehensive energy audit and implement a full complement of 
measures to reduce energy use throughout the home.
  Madam Chair, I am pleased that this rebate program will be available 
in the U.S. Territories including my district of American Samoa. While 
much remains to be seen on how this rebate program will be administered 
and implemented, I am glad nevertheless that the federal government is 
doing its share to help families in American Samoa and throughout the 
United States.
  I urge my colleagues to pass H.R. 5019.
  Mr. VAN HOLLEN. Madam Chair, as an original cosponsor of this 
important legislation, I rise in strong support of the Home Star Energy 
Retrofit Act of 2010.
  As we work to develop and deploy new forms of clean, homegrown 
energy, we must never lose sight of this central fact: There is no 
cleaner, cheaper source of energy than the energy you never have to 
use.
  Energy efficiency is literally America's greatest energy resource. 
Over the past thirty years, energy efficiency and conservation 
improvements have significantly outpaced our production and import of 
petroleum and any other single source of energy.
  Going forward, we can do even better, and this initiative is part of 
that future--creating 168,000 jobs across the United States, reducing 
carbon dioxide emissions by 4.14 metric tons, which is the equivalent 
of taking 767,000 cars off the road, and saving Americans $9.2 billion 
on their energy bills over the next decade.
  Finally, in addition to the Silver and Gold level rebates provided to 
homeowners under this bill, this initiative also includes the 
establishment of a Home Star Energy Efficiency Loan Program so that 
states and localities can provide low-cost financing to homeowners 
wishing to undertake retrofits. While on a smaller scale, this 
provision is consistent with the Green Bank proposal included the 
House-passed energy bill and can go a long way towards overcoming the 
lack of upfront capital that is currently a barrier to many homeowners 
getting started on making these commonsense improvements in the first 
place.
  Madam Chair, this combination of jobs, energy savings and consumer 
relief is a perfect trifecta for the American people. I thank my

[[Page 7427]]

colleague Representative Peter Welch for his leadership on this issue, 
commend the committee for bringing this bill to the floor and urge my 
colleagues' support.
  Ms. JACKSON LEE of Texas. Madam Chair, I rise today in strong support 
of H.R. 5019, ``The Home Star Energy Retrofit Act of 2010.''
  I would like to thank my colleague Representative Peter Welch for 
introducing this legislation as it is important that we embrace 
programs that create jobs for Americans and help improve energy 
efficiency in our country.
  As a member of the Renewable Energy and Energy Efficiency Caucus I am 
proud to express my support for this bill. Through the Home Star 
program, this bill seeks to create new jobs, save energy, and lower 
families' energy bills. The Home Star program will do this by 
encouraging home and business owners to update their stock of 
appliances and electronic devices with new energy efficient devices and 
appliances. Through the use of rebates and other consumer incentives 
this program will work in a proactive economic way to promote green 
technology and innovation.
  This bill comes at an important time in our history, Madam Chair. 
Over the last several decades we have seen national electricity and 
energy use growing at unprecedented rates. We have also seen massive 
increases in greenhouse gas emissions and a loss in employment 
opportunities. This bill seeks to address each and every one of these 
issues with an approach that would benefit the environment and work 
towards the improvement of our communities.
  The increases in consumer spending we seek to gain from this bill 
would also have a massive economic impact on our country during these 
turbulent economic times. By spurring consumer spending we will be 
creating new opportunities right here in the United States for 
industrial, economic and jobs growth.
  This program is expected to allow 3 million families to retrofit 
their homes with new energy efficient appliances. Consumers are 
predicted to save $9.2 billion on their energy bills over the next 10 
years as a result of Home Star's energy efficiency investments. 
Furthermore, the Home Star program will create 168,000 new jobs here in 
the United States.
  Madam Chair, these jobs are desperately needed as our national 
unemployment rate has recently hit the 10 percent mark. This 
legislation would stipulate that construction jobs cannot be outsourced 
and more than 90 percent of the energy efficiency technologies approved 
by this bill are also manufactured right here in the United States.
  This legislation will also save consumers money and cut pollution. By 
ensuring that more American homes and businesses are retrofitted with 
these new energy efficient appliances and fixtures we will be working 
proactively to cut greenhouse gases and reduce unnecessary use of our 
vital energy resources. Furthermore, this bill would also help us in 
our goal of achieving energy independence by further reducing our 
demand for foreign oil and fossil fuels.
  The Home Star program proposed in this bill is authorized at $6 
billion--however, H.R. 5019 will not include any appropriated funds. In 
other words, Madam Chair, this bill does not affect direct spending or 
revenue and will not hurt the American taxpayer.
  I stand today with Representative Peter Welch and other Members of 
Congress in reaffirming our support for energy efficiency in our 
nation. I also stand with my fellow members of the Renewable Energy and 
Energy Efficiency Caucus in supporting this bipartisan legislation. By 
enacting these types of economic incentives for consumers our nation 
will be cleaner, more efficient and will have lower levels of 
unemployment.
  I ask my colleagues for their support of H.R. 5019, as well as for 
their continued support of green technology and the unemployed in our 
nation. By increasing our support for these types of programs we will 
ensure that our country remains a leader in energy efficient 
technology.
  Madam Chair, I ask my colleagues to join me in supporting H.R. 5019.
  Ms. RICHARDSON. Madam Chair, I rise today in strong support of H.R. 
5019, the ``Home Star Energy Retrofit Act of 2010.'' I am a proud 
cosponsor of this important legislation, which will create thousands of 
good paying jobs, help millions of consumers and families, and make our 
nation more energy efficient and independent. This bill is good for 
business, good for labor, good for families, and good for America. It 
is little wonder that it enjoys broad based and bipartisan support.
  I thank Chairman Waxman for his leadership in bringing this bill to 
the floor. I also thank the sponsor of this legislation, Congressman 
Welch, for recognizing the positive effect that home energy 
retrofitting can have on our economy, our energy supply, and our 
planet.
  Madam Chair, our nation faces a serious energy crisis. We must adopt 
a comprehensive energy strategy that weans us off of our dependence on 
foreign oil and ensures our nation's long term prosperity. This 
strategy has to include becoming more efficient in our everyday use of 
energy, and that starts in our homes.
  H.R. 5019 will spur home retrofits by offering rebates to homeowners 
who install energy saving products, such as insulation, duct sealing, 
air sealing, water heaters, and windows. Retrofitting will save 
homeowners $9.2 million on their energy bills over the next 10 years. 
Additionally, investing in the green economy creates jobs. This bill 
will create 168,000 new jobs by restarting the assembly lines that 
produce energy-saving devices and creating a demand for home 
construction and installations. Construction and installation jobs 
cannot be shipped overseas and 90 percent of energy efficiency 
technologies are manufactured here in the United States.
  As importantly, this legislation will help the individuals in this 
country who are the most vulnerable. I know individuals in my 
Congressional district and across the country are struggling to pay 
their bills as energy costs skyrocket. Many do not know how long they 
will be able to afford hot water, heat for the winter, or cold air to 
make stifling summers bearable. This bill will lower energy costs for 
those individuals and help them ensure that they can afford safe and 
decent living conditions for themselves and their families.
  This bill is supported by a wide-ranging coalition of religious, 
conservation, and pro-growth groups. H.R. 5019 is the right thing to do 
for our economy, our environment, and our communities. I urge my 
colleagues to join me in supporting H.R. 5019.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chair, I rise today in 
support of H.R. 5019, the Home Star Energy Retrofit Act of 2010.
  The best way to lower energy costs is to make homes, buildings, 
vehicles, and infrastructure more energy efficient. Providing American 
homeowners with incentives to improve the energy efficiency in their 
homes is a straightforward concept that will spur job growth, protect 
our environment, and lower residential energy costs.
  We must revolutionize our economy and energy infrastructure in order 
to become more efficient. The growing ``Green Economy'' presents an 
opportunity to create large numbers of quality, green-collar jobs for 
American workers to grow emerging industries and to improve the health 
of low- and middle-income Americans. Specifically, Home Star will 
create 168,000 new jobs in an effort to jump start our Nation's 
struggling economy.
  As the cost of energy continues to spiral out of control, Home Star 
presents a commonsense approach to mitigate costs to American 
homeowners. During extreme weather conditions, people living in poverty 
and the low-income elderly shouldn't be overburdened by the cost of 
energy to heat and cool their homes or the cost to provide food for 
themselves and their families. This legislation is another, positive 
step for America in the road towards economic recovery.
  Madam Chair, Dallas is ready for this opportunity to make cost-
effective investments to rebuild and retrofit our community and our 
Nation. I urge my colleagues to join me in supporting the Home Star 
Energy Retrofit Act of 2010.
  Mr. CASTLE. Madam Chair, I rise today in support of the Home Star 
Energy Retrofit Act of 2010 (H.R. 5019), which aims to provide an 
incentive based program for homeowners who invest in improving their 
home's energy efficiency.
  Energy efficiency is the fastest and cheapest way to reduce our 
energy consumption in the home, and cut energy costs for American 
households. According to the Alliance to Save Energy, the average 
American household spends $2,100 each year paying for home energy, and 
could save 25 percent through better energy efficiency. Beyond the 
benefits of lowering the cost of energy bills for American households, 
energy efficiency plays a critical role throughout the U.S. by reducing 
energy consumption, which improves our energy security.
  Recognizing that the national debt continues to grow, Congress has 
the responsibility to pay-as-we-go, and ensure that appropriated funds 
proceed through the budget process. For this reason, I also support the 
amendment to sunset the Act if the funding for this program will have a 
negative net effect on the federal budget deficit.
  Because funding under the ARRA for the weatherization program has 
been slow to implement, I also have concerns regarding the Department 
of Energy's ability to implement

[[Page 7428]]

this new program under the tight deadlines required by the bill. 
Authorizing this program, instead of providing emergency spending, will 
hopefully give Congress adequate oversight over implementation of the 
program, which will still be subject to available funding through the 
regular appropriations process.
  Ms. RICHARDSON. Madam Chair, I rise in strong support of H.R. 5019--
Home Star Energy Retrofit Act of 2010. I want to thank my colleague 
Representative Welch for bringing this important bill to the floor.
  In our current economic crisis we need to seize on opportunities to 
create jobs, and with our need to find the energy to power our country, 
we need to find every kilowatt of savings we can. This bill will help 
accomplish both of those goals.
  Home Star is a short-term program to create jobs, save energy, and 
lower families' energy bills. Home Star will restart the assembly lines 
at factories that manufacture energy efficiency technologies and will 
put construction workers back on the job installing these improvements 
in the homes of millions of American families.
  There are huge energy savings available through basic retrofits, 
which will save people money and reduce our dependence on foreign oil. 
By encouraging people to help themselves through the installation of 
specific energy-saving technologies, including insulation, duct 
sealing, windows and doors, air sealing, and water heaters, we will all 
benefit.
  Home Star is expected to allow 3 million families to retrofit their 
homes to be more energy efficient. Consumers are predicted to save $9.2 
billion on their energy bills over the next 10 years as a result of 
Home Star's energy efficiency investments. And Home Star will create 
168,000 new jobs here in the United States. Construction jobs cannot be 
outsourced, and more than 90 percent of energy efficiency technologies 
are manufactured here in America.
  We also must do everything we can to continue to encourage the 
development of an energy efficiency industry in this country. Foreign 
countries are threatening to take our market share in manufacturing 
energy efficient technologies and we cannot let this huge market go 
offshore. This bill will help create a larger market for these products 
and solidify our position as a market leader.
  This bill is a win-win-win, and I urge all of my colleagues to 
support it.
  Ms. DeLAURO. Madam Chair, I rise in support of the Home Star Energy 
Retrofit Act, an important, commonsense bill that will help promote 
energy efficiency, conserve our resources, spur job creation and the 
green economy, and save Americans money.
  In my home State, excellent efficiency programs like the Connecticut 
Energy Efficiency Fund have helped to reduce energy demand, improve air 
quality, and deliver savings of $3 to $4 to customers for every $1 
invested. That is why they enjoy the support of business, industrial, 
commercial, low-income consumer, and environmental advocates alike.
  By taking the idea national, and offering rebates for energy-saving 
home retrofits like insulation and duct sealing, the bill will create 
over 168,000 jobs across the country for electrical workers.
  I want to thank Mr. Welch and Chairmen Waxman and Markey for working 
with Congresswoman Chellie Pingree and I to include language requiring 
Home Star implementers to coordinate with existing State efforts like 
the CEEF. This will help ensure that leading States like Connecticut 
can maximize their impact, using both State and Federal resources, when 
it comes to energy efficiency.
  This is a great bill, and I urge my colleagues to support it.
  Mr. MARKEY of Massachusetts. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill shall be considered as an original bill for the 
purpose of amendment under the 5-minute rule and shall be considered 
read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 5019

       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 qualified contractor--
       (A) that is accredited--
       (i) by the BPI; or
       (ii) under other standards approved by the Secretary, in 
     consultation with the Administrator; and
       (B) effective 1 year after the date of enactment of this 
     Act, that uses a certified workforce.
       (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 
     in which all employees performing installation work are 
     certified in the appropriate job skills under--
       (A) an applicable third party skills standard established 
     by--
       (i) BPI;
       (ii) North American Technician Excellence;
       (iii) the Laborers' International Union of North America;
       (B) an applicable third party skills standard established 
     in the State in which the work is to be performed, pursuant 
     to a program operated by the Home Builders Institute in 
     connection with Ferris State University, to be effective 30 
     days after notice is provided by those organizations to the 
     Secretary that such program has been established in such 
     State, except to the extent that the Secretary determines 
     within 30 days of such notice that the standard or 
     certification is incomplete; or
       (C) 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, State agency, rural electric cooperative, 
     municipality, or other governmental entity 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 101(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 
     104.
       (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 111.
       (13) 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).
       (14) National home performance council.--The term 
     ``National Home Performance Council'' means the National Home 
     Performance Council, Inc.
       (15) 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.
       (16) Qualified contractor.--The term ``qualified 
     contractor'' means a residential energy efficiency contractor 
     meeting minimum applicable requirements as determined under 
     section 101(c).
       (17) Quality assurance framework.--The term ``quality 
     assurance framework'' means a policy structure adopted by a 
     State to develop high standards for ensuring quality in 
     ongoing energy efficiency retrofit activities in which the 
     State has a role, including operation of the quality 
     assurance program, while creating significant employment 
     opportunities, in particular for targeted workers.
       (18) Quality assurance program.--
       (A) In general.--The term ``quality assurance program'' 
     means a program authorized 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 field inspections required 
     under this Act, with the consent of participating consumers 
     and without delaying rebate payments to participating 
     contractors and vendors.
       (19) Quality assurance provider.--
       (A) In general.--The term ``quality assurance provider'' 
     means any entity that is authorized pursuant to this Act to 
     perform field inspections and other measures required to 
     confirm the compliance of retrofit work with the requirements 
     of this Act.
       (B) Certification requirement.--To be considered a quality 
     assurance provider under this paragraph, an entity shall be 
     certified through--
       (i) the International Code Council;
       (ii) the BPI;
       (iii) the RESNET;
       (iv) a State;
       (v) a State-approved residential energy efficiency retrofit 
     program; or
       (vi) any other entity designated for such purpose by the 
     Secretary, in consultation with the Administrator.

[[Page 7429]]

       (20) Rebate aggregator.--The term ``rebate aggregator'' 
     means an entity that meets the requirements of section 102.
       (21) RESNET.--The term ``RESNET'' means the Residential 
     Energy Services Network.
       (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 
     103.
       (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 United States Virgin Islands;
       (G) the Northern Mariana Islands; and
       (H) any other commonwealth, territory, or possession of the 
     United States.
       (25) Targeted worker.--The term ``targeted worker'' means 
     an individual who is unemployed or underemployed and of an 
     employable age and a resident of an area with high or chronic 
     unemployment and low median household incomes, as defined by 
     the Secretary in consultation with the Secretary of Labor.
       (26) Water utility.--The term ``water utility'' means any 
     State or local agency that delivers or sells water at 
     wholesale or retail through an engineered distribution 
     system.

               TITLE I--HOME STAR RETROFIT REBATE PROGRAM

     SEC. 101. 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 
     to 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 how to determine whether particular energy 
     efficiency measures are eligible for rebate and how to 
     participate in the program; and
       (C) publish model forms and data protocols for use by 
     contractors, vendors, and quality assurance providers to 
     comply with the requirements of this title.
       (2) Model certification forms.--In carrying out this 
     section, the Secretary shall consider the model certification 
     forms developed by the National Home Performance Council.
       (c) Qualified Contractor Requirements.--A qualified 
     contractor may perform retrofit work for which rebates are 
     authorized under this title only if it executes a Home Star 
     participation agreement with a rebate aggregator affirming 
     that it meets applicable requirements, including--
       (1) all applicable State contractor licensing requirements 
     or, with respect to a State that has no such requirements, 
     any appropriate comparable requirements established under 
     paragraph (6);
       (2) insurance coverage of at least $1,000,000 for general 
     liability, and for such other purposes and in such other 
     amounts as may be required by the State;
       (3) agreeing to provide 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) agreeing to pass through to the owner of a home, 
     through a discount, the full economic value of all rebates 
     received under this title with respect to the home;
       (5) agreeing to provide to the homeowner a notice of--
       (A) the amount of the rebate the contractor intends to 
     apply for with respect to the eligible work under this title, 
     before a contract is executed between the contractor and a 
     homeowner covering the eligible work; and
       (B) the means by which the rebate will be passed through as 
     a discount to the homeowner;
       (6) all requirements of an applicable State quality 
     assurance framework by and after the date that is one year 
     after the date of enactment of this Act; and
       (7) any other appropriate requirements as determined by the 
     Secretary, in consultation with the Administrator.
       (d) Administrative and Technical Support.--Subject to 
     section 112(b) and (c), beginning 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 and States as is necessary to carry out this 
     title.
       (e) Administration.--
       (1) 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 title.
       (2) Rate of pay.--The rate of pay for a person appointed 
     under paragraph (1) shall not exceed the maximum rate payable 
     for GS-15 of the General Schedule under chapter 53 of title 
     5, United States Code.
       (3) Consultants.--Notwithstanding section 303 of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253), the Secretary may retain such consultants on a 
     noncompetitive basis as the Secretary considers necessary to 
     carry out this title.
       (4) Contracting.--In carrying out this title, 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.
       (5) Regulations.--
       (A) 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--
       (i) establish;
       (ii) achieve full operational status within 60 days after 
     the date of enactment of this Act for; or
       (iii) carry out,

      the Home Star Retrofit Rebate Program.
       (B) Timing.--If the Secretary determines that regulations 
     described in subparagraph (A) are necessary, the regulations 
     shall be issued not later than 60 days after such 
     determination.
       (C) Exception.--(i) The Secretary shall not utilize the 
     authority provided under this paragraph to--
       (I) develop, adopt, or implement a public labeling system 
     that rates and compares the energy performance of one home 
     with another; or
       (II) require the public disclosure of an energy performance 
     evaluation or rating developed for any specific home.
       (ii) Nothing in this subparagraph shall preclude--
       (I) the computation, collection, or use, by the Secretary, 
     rebate aggregators, quality assurance providers, or States 
     for the purposes of carrying out sections 104 and 105, of 
     information on the rating and comparison of the energy 
     performance of homes with and without energy efficiency 
     features or on energy performance evaluation or rating;
       (II) the use and publication of aggregate data (without 
     identifying individual homes or participants) based on 
     information referred to in subclause (I) to determine or 
     demonstrate the performance of the Home Star program; or
       (III) the provision of information referred to in subclause 
     (I) with respect to a specific home--

       (aa) to the State, homeowner, quality assurance provider, 
     rebate aggregator, or contractor performing retrofit work on 
     that home, or an entity providing Home Star services, as 
     necessary to enable carrying out this title; or
       (bb) for purposes of prosecuting fraud and abuse.

       (6) Information collection.--Chapter 35 of title 44, United 
     States Code, shall not apply to any information collection 
     requirement necessary for the implementation of the Home Star 
     Retrofit Rebate Program.
       (7) Effective period.--Paragraphs (1), (3), (4), (5), and 
     (6) shall be effective only for fiscal years 2010 and 2011.
       (f) Program Review.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall prepare and 
     transmit to Congress a State-by-State analysis and review the 
     distribution of Home Star retrofit rebates under this title.
       (g) Adjustment of Rebate Amounts.--Effective beginning on 
     the date that is 180 days after the date of enactment of this 
     Act, the Secretary may, after not less than 30 days public 
     notice, prospectively adjust the rebate amounts provided for 
     under this title as necessary to optimize the overall energy 
     efficiency resulting from the Silver Star Home Energy 
     Retrofit Program and the Gold Star Home Energy Retrofit 
     Program.
       (h) Indian Tribe Participation.--
       (1) In general.--An Indian tribe, within 30 days after the 
     date of enactment of this Act, may indicate to the Secretary 
     its intention to act in place of a State for purposes of 
     carrying out the responsibilities of the State under this 
     title with respect to its tribal lands. If the Indian tribe 
     so indicates, the Secretary shall treat the Indian tribe as 
     the State for purposes of carrying out this title with 
     respect to those tribal lands.
       (2) Transition of responsibilities.--The Secretary may 
     permit an Indian tribe, after the expiration of 30 days after 
     the date of enactment of this Act, to assume the 
     responsibilities of a State under this title with respect to 
     its tribal lands if the Secretary finds that such assumption 
     of responsibilities will not disrupt the ongoing 
     administration of the program under this title.
       (3) Cooperation.--An Indian tribe may cooperate with a 
     State or the Secretary to ensure that all of the requirements 
     of this title are carried out with respect to the tribal 
     lands.
       (i) Implementation by Secretary.--
       (1) In general.--If a State has not indicated to the 
     Secretary within 30 days after the date of enactment of this 
     Act that it is prepared to carry out section 105, or if at 
     any later time the Secretary determines that a State is no 
     longer prepared to carry out section 105, to the extent that 
     no Indian tribe assumes such responsibilities under 
     subsection (h) the Secretary shall assume the 
     responsibilities of that State with respect to carrying out 
     section 105.
       (2) Transition of responsibilities.--The Secretary may 
     permit a State, after the Secretary has assumed the 
     responsibilities of that

[[Page 7430]]

     State under paragraph (1), to assume the responsibilities 
     assigned to States under section 105 with respect to that 
     State if the Secretary finds that such assumption of 
     responsibilities will not disrupt the ongoing administration 
     of the program under this title.
       (j) Limitation.--Rebates may not be provided under both 
     section 103 and section 104 with respect to the same home.
       (k) Forms for Certification and Quality Assurance.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall make available on 
     the website established under subsection (b)(1)(B), model 
     certification forms for compliance with quality assurance 
     requirements under this title, to be submitted by--
       (A) each qualified contractor, accredited contractor, and 
     quality assurance provider on completion of an eligible home 
     energy retrofit; and
       (B) each quality assurance provider on completion of field 
     verification required under this section.
       (2) National home performance council.--The Secretary, 
     States, and Indian tribes shall consider and may use model 
     certification forms developed by the National Home 
     Performance Council to ensure compliance with quality 
     assurance requirements under this title.
       (l) Public-private Partnerships.--A State that receives a 
     grant under this title is encouraged to form partnerships 
     with utilities, energy service companies, and other 
     entities--
       (1) to assist in marketing the Home Star Retrofit Rebate 
     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.
       (m) Coordination of Rebate and Existing State-sponsored 
     Programs.--
       (1) In general.--A State shall, to the maximum extent 
     practicable, prevent duplication through coordination of a 
     program authorized under this title with--
       (A) the Energy Star appliance rebates program authorized 
     under section 124 of the Energy Policy Act of 2005 (42 U.S.C. 
     15821), and any other Federal programs that provide funds to 
     States for home or appliance energy efficiency purposes; 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 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 funds made available under this title to enhance 
     and extend existing programs; and
       (B) seek to enhance and extend existing programs by 
     coordinating with administrators of the programs.
       (n) Health and Safety Requirements.--Nothing in this title 
     shall relieve any contractor from the obligation to comply 
     with applicable Federal, State, and local health and safety 
     code requirements.

     SEC. 102. REBATE AGGREGATORS.

       (a) In General.--The Secretary shall develop a network of 
     rebate aggregators that can facilitate the delivery of 
     rebates to participating contractors and vendors, to 
     reimburse those contractors and vendors for discounts 
     provided to homeowners for energy efficiency retrofit work. 
     The Secretary shall approve or deny an application from a 
     person seeking to become a rebate aggregator not later than 
     30 days after receiving such application. The Secretary may 
     disqualify any rebate aggregator that fails to meet its 
     obligations under this title in a timely and competent 
     manner.
       (b) Availability.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall identify at least 
     1 rebate aggregator in each State ready and able to accept 
     rebate applications from any qualified contractor. Not later 
     than 90 days after such date of enactment, the Secretary 
     shall ensure that rebate aggregation services are available 
     to all homeowners in the United States at the lowest 
     reasonable cost.
       (c) Responsibilities.--Rebate aggregators shall--
       (1) review each proposed rebate application for 
     completeness and accuracy;
       (2) review all measures for which rebates are sought for 
     eligibility in accordance with this title;
       (3) provide data to the Secretary for inclusion in the 
     database maintained through the Federal Rebate Processing 
     System, consistent with data protocols established by the 
     Secretary;
       (4) not later than 30 days after the date of receipt, 
     distribute funds received from the Secretary to contractors, 
     vendors, or other persons in accordance with approved claims 
     for reimbursement made to the Federal Rebate Processing 
     System;
       (5) maintain appropriate accounting for rebate applications 
     processed, and their disposition;
       (6) review contractor qualifications and accreditation and 
     retain documentation of such qualification and accreditation, 
     as required for contractors to be authorized to perform 
     residential energy efficiency retrofit work under this title; 
     and
       (7) maintain information regarding contractors' fulfillment 
     of the requirements of section 101(c).
       (d) Eligibility.--To be eligible to apply to the Secretary 
     for approval as a rebate aggregator, an entity--
       (1) shall be--
       (A) a Home Performance with Energy Star partner;
       (B) an entity administering a residential energy efficiency 
     retrofit program established or approved by a State;
       (C) a Federal power marketing administration or the 
     Tennessee Valley Authority;
       (D) an electric utility, natural gas utility, or water 
     utility administering or offering a residential energy 
     efficiency retrofit program; or
       (E) an entity--
       (i) with corporate status or status as a State or local 
     government;
       (ii) who can demonstrate adequate financial capability to 
     manage a rebate aggregator program, as evidenced by audited 
     financial records; and
       (iii) whose participation in the program, in the judgment 
     of the Secretary, would not disrupt existing residential 
     retrofit programs in the States that are carrying out the 
     Home Star Retrofit Rebate Program under this title;
       (2) must be able to demonstrate--
       (A) a relationship with 1 or more independent quality 
     assurance providers that is sufficient to meet the volume of 
     contracting services delivered;
       (B) the capability to provide such electronic data as is 
     required by the Secretary to the Federal Rebate Processing 
     System; and
       (C) a financial system that is capable of tracking the 
     distribution of rebates to participating contractors and 
     vendors; and
       (3) shall include in its application the amount it proposes 
     to charge for the review and processing of a rebate under 
     this title.
       (e) Prompt Processing of Rebates.--Within 10 days after 
     receiving an application for a rebate consistent with this 
     title, a rebate aggregator shall submit a claim for that 
     rebate to the Federal Rebate Processing System. Within 10 
     days after the Federal Rebate Processing System receives such 
     a submission from a rebate aggregator, the Secretary shall 
     provide the funds to the rebate aggregator necessary to pay 
     such rebates to the qualified contractor or vendor who 
     applied for them and to compensate the rebate aggregator for 
     its services in accordance with this title. Within 10 days of 
     being provided such funds, the rebate aggregator shall pay 
     the rebates to the rebate applicant.
       (f) 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 their participation toward State-level energy 
     savings targets; and
       (2) work with States to assist in the adoption of these 
     guidelines for the purposes and duration of the Home Star 
     Retrofit Rebate Program.

     SEC. 103. SILVER STAR HOME ENERGY RETROFIT PROGRAM.

       (a) In General.--During the first year after the date of 
     enactment of this Act, a Silver Star Home Energy Retrofit 
     Program rebate shall be awarded, subject to the maximum 
     amount limitations under subsection (d)(4), to participating 
     contractors and vendors, to reimburse them for discounts 
     provided to the owner of the home for the retrofit work, for 
     the installation of energy savings measures--
       (1) selected from the list of energy savings measures 
     described in subsection (b);
       (2) installed after the date of enactment of this Act in 
     the home by a qualified contractor; and
       (3) carried out in compliance with this section.
       (b) Energy Savings Measures.--Subject to subsection (c), a 
     rebate shall be awarded under subsection (a) 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, including interior 
     and exterior measures, utilizing sealants, caulks, 
     polyurethane foams, gaskets, weather-stripping, mastics, and 
     other building materials in accordance with BPI standards or 
     other procedures approved by the Secretary.
       (2) Attic insulation measures that--
       (A) include sealing of air leakage between the attic and 
     the conditioned space, in accordance with BPI standards or 
     the attic portions of the DOE or EPA thermal bypass checklist 
     or other procedures approved by the Secretary;
       (B) add at least R-19 insulation to existing insulation;
       (C) result in at least R-38 insulation in DOE climate zones 
     1 through 4 and at least R-49 insulation in DOE climate zones 
     5 through 8, including existing insulation, within the limits 
     of structural capacity; and
       (D) cover at least--
       (i) 100 percent of an accessible attic; or
       (ii) 75 percent of the total conditioned footprint of the 
     house.
       (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.

[[Page 7431]]

       (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 and--
       (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--
       (A) windows that--
       (i) are certified by the National Fenestration Rating 
     Council; and
       (ii) comply with criteria applicable to windows and 
     skylights under section 25(c) of the Internal Revenue Code of 
     1986; or
       (B) skylights that comply with the 2010 Energy Star 
     specification for skylights.
       (7) Door replacement that replaces at least 1 exterior door 
     with doors that comply with the 2010 Energy Star 
     specification for doors.
       (8)(A) Heating system replacement of--
       (i) a natural gas or propane furnace with a furnace that 
     has an AFUE rating of 92 or greater;
       (ii) a natural gas or propane boiler with a boiler that has 
     an AFUE rating of 90 or greater;
       (iii) an oil furnace with a furnace that has an AFUE rating 
     of 86 or greater and that uses an electrically commutated 
     blower motor;
       (iv) an oil boiler with a boiler that has 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) in the case of a furnace or boiler, has a distribution 
     system (such as ducts or vents) that allows heat to reach all 
     or most parts of the home and qualifies for Phase 2 of the 
     EPA Voluntary Program for Hydronic Heaters; and
       (cc) in the case of a stove, replaces an existing wood or 
     wood pellet stove and is certified by the EPA, and a voucher 
     is provided by the installer or other responsible party 
     certifying that the old stove has been removed and rendered 
     inoperable or recycled at an appropriate recycling facility; 
     and

       (II) an accredited independent laboratory recognized by the 
     EPA certifies that the new system--

       (aa) has thermal efficiency (lower heating value) of at 
     least 75 percent for stoves and at least 90 percent for 
     furnaces and boilers; and
       (bb) has particulate emissions of less than 3.0 grams per 
     hour for stoves, and less than 0.32 lbs/mmBTU for furnaces 
     and boilers.

       (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 air-source 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 conditioner, SEER 16 and EER 13; 
     and
       (ii) in the case of an air-source heat pump, SEER 15, EER 
     12.5, and HSPF 8.5.
       (10) Heating or cooling system replacement with an Energy 
     Star qualified geothermal heat pump that meets Tier 2 
     efficiency requirements and that is installed in accordance 
     with ANSI/ACCA Standard 5 QI-2007.
       (11) Replacement of a natural gas, propane, or electric 
     water heater with--
       (A) a natural gas or propane 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 (8);
       (E) an electric water heater with an energy factor of 2.0 
     or more;
       (F) an electric tankless water heater with an efficiency 
     factor of .96 or more, that operates on not greater than 25 
     kilowatts;
       (G) 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
       (H) a water heater installed in conjunction with a 
     qualifying geothermal heat pump described in paragraph (10) 
     that provides domestic water heating through the use of a 
     desuperheater or demand water heating capability.
       (12) Storm windows that--
       (A) are installed on at least 5 existing 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 set 
     for storm windows and their installation.
       (13) Window film that is installed on at least 8 exterior 
     windows, doors, or skylights, or 75 percent of the total 
     exterior square footage of glass in a home, whichever is 
     less, with window films that--
       (A) are certified by the National Fenestration Rating 
     Council; and
       (B) have--
       (i) a solar heat gain coefficient of 0.43 or less with a 
     visible light-to-solar heat gain coefficient of at least 1.1 
     in 2009 International Energy Conservation Code climate zones 
     1-3; or
       (ii) a solar heat gain coefficient of 0.43 or less with a 
     visible light light-to-solar heat gain coefficient of at 
     least 1.1 and a U-factor of 0.40 or less as installed in 2009 
     International Energy Conservation Code climate zones 4-8.
       (c) Installation Costs.--Measures described in paragraphs 
     (1) through (13) 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 subsection 
     (a) 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 under subsection (a) 
     shall be $1,500 per measure for--
       (A) attic insulation and air sealing described in 
     subsection (b)(1) or (2); and
       (B) wall insulation described in subsection (b)(4).
       (3) Lower rebate amount.--Except as provided in paragraph 
     (4), the amount of a rebate provided under subsection (a) 
     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)(11)(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)(12), with a minimum of 5 storm windows and a maximum of 
     12;
       (E) $250 each for a maximum of 4 electric tankless water 
     heaters described in subsection (b)(11)(F) for each home; and
       (F) $500 for window film described in subsection (b)(13).
       (4) Maximum amount.--The total amount of rebates provided 
     for a home under this section shall not exceed the lower of--
       (A) $3,000;
       (B) 50 percent of the total cost of the installed measures; 
     or
       (C) if the Secretary finds that the net value to the 
     homeowner of the rebates, as a function of the discount the 
     contractor or vendor provides to the homeowner for the 
     installed measures, is less than the amount of the rebates, 
     the actual net value to the homeowner.
       (e) Verification and Correction of Work.--
       (1) Reimbursement.--On submission of a claim by a rebate 
     aggregator to the Federal Rebate Processing System, the 
     Secretary shall provide reimbursement to the rebate 
     aggregator for energy-efficiency measures installed in a 
     home, subject to paragraphs (2) and (3).
       (2) Verification.--
       (A) Percentage of retrofits verified.--
       (i) In general.--Except as provided in clause (ii), not 
     less than--

       (I) 20 percent of the retrofits performed by each qualified 
     contractor under this section with respect to a rebate 
     described in subsection (a) shall be randomly subject to 
     field verification by an independent quality assurance 
     provider of all work associated with the retrofit; and
       (II) in the case of a qualified contractor that uses a 
     certified workforce, 10 percent of the retrofits performed by 
     that contractor under this section with respect to a rebate 
     described in subsection (a) shall be randomly subject to 
     field verification by an independent quality assurance 
     provider of all work associated with the retrofit.

       (ii) Exceptions.--In the case of a qualified contractor 
     whose previous retrofit work--

       (I) the Secretary has found to fail to comply with the 
     requirements of this section, the Secretary may establish a 
     higher percentage of the retrofits performed by that 
     contractor under this section with respect to a rebate 
     described in subsection (a) to be subject to field 
     verification by an independent quality assurance provider; 
     and
       (II) the Secretary has found to successfully comply with 
     the requirements of this section, the Secretary may establish 
     a lower percentage of the retrofits performed by that 
     contractor under this section with respect to a rebate 
     described in subsection (a) to be subject to field 
     verification by an independent quality assurance provider.

       (B) Homeowner complaint.--A homeowner may make a complaint 
     under the quality assurance program that compliance with the 
     quality assurance requirements of this title has not been 
     achieved. The quality assurance program shall provide that, 
     upon receiving such a complaint, an independent quality 
     assurance provider shall conduct field verification on the 
     retrofit work performed by the contractor. Verifications 
     under this subparagraph shall be in addition to those 
     conducted under subparagraph (A), and shall be corrected in 
     accordance with paragraph (3).
       (3) Correction.--Rebates under subsection (a) shall be made 
     subject to the following conditions:

[[Page 7432]]

       (A) The installed measures will comply with the 
     specifications and quality standards under this section if a 
     field verification by a quality assurance provider finds that 
     corrective work is needed. Such compliance shall be achieved 
     by the installing accredited contractor not later than 14 
     days after the date of notification of a defect pursuant to a 
     warranty, provided at no additional cost to the homeowner.
       (B) A subsequent quality assurance visit shall be conducted 
     to evaluate the remedy not later than 7 days after 
     notification that the defect has been corrected.
       (C) The quality assurance provider shall notify the 
     contractor of the disposition of such visit not later than 7 
     days after the date of the visit.
       (4) Access to home.--In order to be eligible for a discount 
     from a contractor or vendor for which a rebate is provided 
     under subsection (a), a homeowner shall agree to permit such 
     access to the home, upon reasonable notice and at a mutually 
     convenient time, as is necessary to verify and correct 
     retrofit work.
       (f) Products Purchased Without Installation Services.--
       (1) In general.--A Silver Star Home Energy Retrofit Program 
     rebate shall be awarded for attic, wall, and crawl space 
     insulation and air-sealing products that--
       (A)(i) in the case of insulation, qualify for a tax credit 
     under section 25C of the Internal Revenue Code of 1986, but 
     with respect to which no claim for such a tax credit has been 
     made; and
       (ii) in the case of air sealing products, are sealants, 
     caulks, polyurethane foams, gaskets, weather-stripping, 
     mastics, or other air sealing products described in 
     subsection (b)(1);
       (B) are purchased by a homeowner for installation by the 
     homeowner in a home identified by its address by the 
     homeowner;
       (C) are accompanied by educational materials on proper 
     installation of the products, including materials emphasizing 
     the importance of air sealing when insulating; and
       (D) are identified and attributed to that home in a rebate 
     submission by the vendor to a rebate aggregator.
       (2) Limitation.--No rebate may be provided under this 
     subsection with respect to insulation or products that are 
     employed in energy-efficiency measures with respect to which 
     a rebate is provided under this section or section 104.
       (3) Amount of rebate.--A rebate under this subsection shall 
     be awarded for 50 percent of the total cost of the products 
     described in paragraph (1), not to exceed $250 per home.
       (g) Review.--
       (1) In general.--The Secretary shall determine whether 
     information submitted to the Federal Rebate Processing System 
     with respect to a rebate was complete, and on the basis of 
     that information and other information available to the 
     Secretary, shall determine whether the requirements of this 
     section 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, or that sufficient information was not submitted to 
     the Federal Rebate Processing System to enable such 
     determination, the Secretary--
       (A) may--
       (i) recoup the amount of the incorrect payment; or
       (ii) withhold the amount of the incorrect payment from a 
     payment made to the party pursuant to a subsequent request; 
     and
       (B) shall, to the extent the Secretary determines the 
     benefit of the rebate was not passed through to the homeowner 
     through a discount on the price of the retrofit work, order 
     the contractor or vendor to pay the amount of rebate benefit 
     not previously passed through to the homeowner.

     SEC. 104. GOLD STAR HOME ENERGY RETROFIT PROGRAM.

       (a) In General.--A Gold Star Home Energy Retrofit Program 
     rebate shall be awarded, subject to subsection (b), to 
     participating accredited contractors and vendors, to 
     reimburse them for discounts provided to the owner of the 
     home for the retrofit work, for retrofits that achieve whole 
     home energy savings carried out after the date of enactment 
     of this Act in accordance with this section.
       (b) Eligible Measures.--Rebates may be provided under this 
     section for--
       (1) any measure listed as eligible for Silver Star rebates 
     in section 103; and
       (2) any other energy-saving measure, such as home energy 
     management systems, high-efficiency appliances, highly 
     reflective roofing, awnings, canopies, and similar external 
     fenestration attachments, automatic boiler water temperature 
     controllers, and mechanical air circulation and heat 
     exchangers in a passive-solar home--
       (A) that can be demonstrated, when installed and operated 
     as intended, to improve energy efficiency; and
       (B) for which an energy efficiency contribution can be 
     determined with confidence.
       (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 of a home under this section shall be documented 
     through--
       (A)(i) the use of a whole home simulation software program 
     that has been approved 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, in consultation with the Administrator;
       (iii) a State-certified equivalent rating network, as 
     specified by IRS Notice 2008-35; or
       (iv) a HERS rating system approved or required by the law 
     of the State in which the home is located.
       (3) Monitoring.--The Secretary--
       (A) shall continuously monitor the software programs 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 software program assumptions for 
     carrying out paragraph (2);
       (B) require compliance with software program 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 determined by metered pre-retrofit energy usage.
       (5) Recommended measures.--Software programs used under 
     this subsection shall have the ability at a minimum to assess 
     the savings associated with all the measures for which 
     rebates are specifically provided under the Silver Star Home 
     Energy Retrofit Program.
       (d) Amount of Rebate.--Subject to subsection (e)(2), the 
     amount of a rebate provided 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.
       (e) Verification and Correction of Work.--
       (1) Reimbursement.--On submission of a claim by a rebate 
     aggregator to the Federal Rebate Processing System, the 
     Secretary shall provide reimbursement to the rebate 
     aggregator for energy-efficiency measures installed in a 
     home, subject to paragraphs (2) and (3).
       (2) Verification.--
       (A) In general.--Subject to subparagraph (B), all work 
     conducted in a home as part of a whole-home retrofit by an 
     accredited contractor under this section shall be subject to 
     random field verification by an independent quality assurance 
     provider at a rate of--
       (i) 15 percent; or
       (ii) in the case of work performed by an accredited 
     contractor using a certified workforce, 10 percent.
       (B) Verification not required.--A home shall not be subject 
     to field verification under subparagraph (A) if--
       (i) a post-retrofit home energy rating is conducted by an 
     entity that is 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 the law of the State 
     in which the home is located;

       (ii) the eligible certifier is independent of the 
     accredited contractor in accordance with RESNET Publication 
     No. 06-001 (or a successor publication approved by the 
     Secretary); and
       (iii) the rating includes field verification of all 
     measures for which rebates are being provided.
       (C) Homeowner complaint.--A homeowner may make a complaint 
     under the quality assurance program that compliance with the 
     quality assurance requirements of this title has not been 
     achieved. The quality assurance program shall provide that, 
     upon receiving such a complaint, an independent quality 
     assurance provider shall conduct field verification on the 
     retrofit work performed by the contractor. Verifications 
     under this subparagraph shall be in addition to those 
     conducted under subparagraph (A), and shall be corrected in 
     accordance with paragraph (3).
       (D) Access to home.--In order to be eligible for a discount 
     from a contractor or vendor for which a rebate is provided 
     under this section, a homeowner shall agree to permit such 
     access to the home, upon reasonable notice and at a mutually 
     convenient time, as is necessary to verify and correct 
     retrofit work.
       (3) Correction.--Rebates under this section shall be made 
     subject to the following conditions:
       (A) The installed measures will comply with manufacturer 
     and applicable code standards and the specifications and 
     quality standards under this section if a field verification 
     by an independent quality assurance provider finds that 
     corrective work is needed. Such compliance shall be achieved 
     by the installing accredited contractor not later than 14 
     days after the date of notification of a defect pursuant to a 
     warranty, provided at no additional cost to the homeowner.
       (B) A subsequent quality assurance visit shall be conducted 
     to evaluate the remedy not later than 7 days after 
     notification that the defect has been corrected.
       (C) The quality assurance provider shall notify the 
     contractor of the disposition of such visit not later than 7 
     days after the date of the visit.

[[Page 7433]]

       (f) Review.--
       (1) In general.--The Secretary shall determine whether 
     information submitted to the Federal Rebate Processing System 
     with respect to a rebate was complete, and on the basis of 
     that information and other information available to the 
     Secretary, shall determine whether the requirements of this 
     section 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, or that sufficient information was not submitted to 
     the Federal Rebate Processing System to enable such 
     determination, the Secretary--
       (A) may--
       (i) recoup the amount of the incorrect payment; or
       (ii) withhold the amount of the incorrect payment from a 
     payment made to the party pursuant to a subsequent request; 
     and
       (B) shall, to the extent the Secretary determines the 
     benefit of the rebate was not passed through to the homeowner 
     through a discount on the price of the retrofit work, order 
     the contractor or vendor to pay the amount of rebate benefit 
     not previously passed through to the homeowner.

     SEC. 105. QUALITY ASSURANCE.

       (a) Quality Assurance Framework.--
       (1) In general.--States that elect to carry out a quality 
     assurance program pursuant to subsection (b) shall plan, 
     develop, and implement a quality assurance framework. The 
     Secretary shall promptly solicit the submission of model 
     State quality assurance framework plans consistent with the 
     requirements of this section and, not later than 60 days 
     after the date of enactment of this Act, shall approve one or 
     more such model plans that incorporate nationally consistent 
     high standards for optional use by States. Not later than 180 
     days after the date of enactment of this Act, each State 
     electing to develop a quality assurance framework shall 
     submit its plan to the Secretary, who shall then approve or 
     reject such plan within 30 days, providing a detailed 
     statement of deficiencies if the plan is rejected. If a 
     State's plan is rejected, that State may resubmit its plan 
     within 30 days.
       (2) Implementation.--A State shall--
       (A) develop a quality assurance framework in consultation 
     with industry stakeholders, including representatives of 
     efficiency program managers, contractors, community and 
     workforce organizations, and environmental, energy 
     efficiency, and labor organizations; and
       (B) implement the quality assurance framework not later 
     than one year after the date of enactment of this Act.
       (3) Components.--The quality assurance framework 
     established under this subsection shall include--
       (A) minimum standards for accredited contractors, 
     including--
       (i) compliance with applicable Federal, State, and local 
     laws;
       (ii) use of a certified workforce;
       (iii) maintenance of records needed to verify compliance; 
     and
       (iv) use of independent contractors only when appropriately 
     classified as such pursuant to Revenue ruling 87-41 and 
     section 530(d) of the Revenue Act of 1978 and relevant State 
     law;
       (B) maintenance of a list of accredited contractors;
       (C) requirements for maintenance and delivery to the 
     Federal Rebate Processing System of information needed to 
     verify compliance and ensure appropriate compensation for 
     quality assurance providers;
       (D) targets and realistic plans for--
       (i) the recruitment of minority and women-owned small 
     business enterprises;
       (ii) the employment of graduates of training programs that 
     primarily serve targeted workers;
       (iii) the employment of targeted workers; and
       (iv) the availability of financial assistance under the 
     Home Star Loan Program to--

       (I) public use microdata areas that have a poverty rate of 
     12 percent or more; and
       (II) homeowners served by units of local government in 
     jurisdictions that have an unemployment rate that is 2 
     percent higher than the national unemployment rate;

       (E) 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;
       (F) quarterly reports to the Secretary on the progress of 
     implementation of the quality assurance framework and its 
     success in meeting its targets and plans; and
       (G) maintenance of a list of qualified quality assurance 
     providers and minimum standards for such quality assurance 
     providers.
       (4) Noncompliance.--If the Secretary determines that a 
     State that has elected to implement a quality assurance 
     program, but has failed to plan, develop, or implement a 
     quality assurance framework in accordance with this section, 
     the Secretary shall suspend further grants for State 
     administration pursuant to section 112(b)(1).
       (b) Quality Assurance Programs.--
       (1) In general.--A State may carry out a quality assurance 
     program--
       (A) 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) to be managed by the office or the designee of the 
     office--
       (i) that is 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, that is conducting 
     an existing energy efficiency program; and
       (C) in the case of a grant made to an Indian tribe, to be 
     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 has not provided or cannot provide adequate oversight 
     over a quality assurance program to ensure compliance with 
     this title, the Secretary may--
       (A) withhold further quality assurance funds from the 
     State; and
       (B) require that quality assurance providers operating in 
     the State be overseen by a national quality assurance program 
     manager selected by the Secretary.
       (3) Implementation.--A State that receives a grant under 
     this title may implement a quality assurance program through 
     the State or an independent quality assurance provider 
     designated by the State, including--
       (A) an energy service company;
       (B) an electric utility;
       (C) a natural gas utility;
       (D) an independent administrator designated by the State; 
     or
       (E) a unit of local government.

     SEC. 106. REPORTS.

       (a) In General.--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 this title--
       (1) not later than 1 year after the date of enactment of 
     this Act; and
       (2) not later than the earlier of--
       (A) 2 years after the date of enactment of this Act; or
       (B) December 31, 2012.
       (b) Contents.--The report shall include a description of--
       (1) the energy savings produced as a result of this title;
       (2) the direct and indirect employment created as a result 
     of the programs supported under this title;
       (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 title 
     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 rebates provided under this title; and
       (7) the results of verification requirements; and
       (8) any other information the Secretary considers 
     appropriate.
       (c) Required Information.--
       (1) Requirement.--Rebate aggregators and States 
     participating in the Home Star Retrofit Rebate Program shall 
     provide to the Secretary such information as the Secretary 
     requires to prepare the report required under this section.
       (2) Noncompliance.--If the Secretary determines that a 
     rebate aggregator or State has not provided the information 
     required under paragraph (1), the Secretary shall provide to 
     the rebate aggregator or State a period of at least 90 days 
     to provide the necessary information, subject to withholding 
     of funds or reduction of future grant amounts.

     SEC. 107. TREATMENT OF REBATES.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986, rebates received under this title--
       (1) shall not be considered taxable income to a homeowner; 
     and
       (2) shall supplant any credit allowed under section 25C or 
     25D of that Code for eligible work performed in the home of 
     the homeowner.
       (b) Notice.--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.

     SEC. 108. HEATING AND COOLING EFFICIENCY STUDY.

       (a) In General.--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 study not later than 1 year after the date 
     of enactment of this Act.
       (b) Contents.--The study shall include a description of--
       (1) the efficiency through the life-cycle of air 
     conditioning and heat pump products eligible under section 
     103; and
       (2) a comparison of the efficiency through the life-cycle 
     of air conditioning and heat pump products eligible under 
     section 103 to the efficiency through the life-cycle of air 
     conditioning and heat pump products not eligible under 
     section 103.

     SEC. 109. PUBLIC INFORMATION CAMPAIGN.

       Not later than 60 days after the date of enactment of this 
     Act, the Administrator, in consultation with the States and 
     the Secretary, shall develop and implement a public education 
     campaign that describes--
       (1) the benefits of home energy retrofits; and
       (2) the availability of rebates for the installation of 
     qualifying energy savings measures under the Silver Star Home 
     Energy Retrofit Program and for whole home energy savings 
     under the Gold Star Home Energy Retrofit Program.

     SEC. 110. PENALTIES.

       (a) In General.--The Secretary may--
       (1) assess and compromise a civil penalty against a person 
     who violates this title (or any regulation issued under this 
     title); and
       (2) require from any entity the records and inspections 
     necessary to enforce this title.
       (b) Civil Penalty.--A civil penalty assessed under 
     subsection (a) shall be in an amount not greater than the 
     higher of--

[[Page 7434]]

       (1) $15,000 for each violation; or
       (2) 3 times the value of any associated rebate under this 
     title.

     SEC. 111. 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 
     qualifying energy savings measures under the Silver Star Home 
     Energy Retrofit Program or whole home energy savings under 
     the Gold Star Home Energy Retrofit Program.
       (2) 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 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)(1).
       (3) Qualified loan program mechanism.--The term ``qualified 
     loan program mechanism'' means a mechanism for the 
     establishment and operation of a loan program that is--
       (A) administered by a qualified financing entity; and
       (B) funded in significant part--
       (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 the 
     installation of qualifying energy savings measures under the 
     Silver Star Home Energy Retrofit Program or whole home energy 
     savings under the Gold Star Home Energy Retrofit Program.
       (c) Eligibility of Qualified Financing Entities.--To be 
     eligible to participate in the Home Star Loan 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 installations 
     described in subsection (b);
       (2) require all financed installations to be performed by 
     contractors in a manner that meets minimum standards provided 
     under sections 103 and 104;
       (3) establish standard underwriting criteria to determine 
     the eligibility of Home Star Loan 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 
     Home Star Loan Program in the State); and
       (4) undertake particular efforts to make such loans 
     available in public use microdata areas that have a poverty 
     rate of 12 percent or more in a proportion of total loans 
     made at least equal to the proportion the number of residents 
     in such areas bears to the total population of the area 
     served by that qualified financing entity.
       (d) Allocation.--In allocating 75 percent of the funds made 
     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.). In allocating 
     the remaining 25 percent of the funds made available to 
     States for each fiscal year under this section, the Secretary 
     may vary the result of the formula to recognize and reward 
     those States that make the best progress in providing loans 
     to low-income areas pursuant to subsection (c)(4).
       (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, or has required its designated 
     qualified financing entities to establish, a qualified loan 
     program mechanism that--
       (A) will use a quality assurance program established under 
     this title or another appropriate methodology to ensure 
     energy savings;
       (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
       (3) will provide, in a timely manner, all information 
     regarding the administration of the Home Star Loan Program as 
     the Secretary may require to permit the Secretary to meet the 
     program evaluation requirements of subsection (h).
       (f) Use of Funds.--Funds made available to States for 
     carrying out the Home Star Loan Program may be used to 
     support financing mechanisms offered by qualified financing 
     entities to eligible participants, including--
       (1) interest rate reductions to interest rates as low as 0 
     percent;
       (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 (excluding securitization 
     instruments) necessary--
       (A) to use available funds to obtain appropriate leverage 
     through private investment; and
       (B) to support widespread deployment of energy efficiency 
     programs.
       (g) Use of Repaid Funds.--In the case of a revolving loan 
     fund described in subsection (f)(3), a qualified financing 
     entity may use funds repaid by eligible participants under 
     the Home Star Loan Program to provide financial assistance 
     for additional eligible participants for installations 
     described in subsection (b) in a manner that is consistent 
     with this section.
       (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 
     Home Star Loan Program;
       (2) how many jobs have been created through the Home Star 
     Loan Program, directly and indirectly;
       (3) what steps could be taken to promote further deployment 
     of energy efficiency retrofits;
       (4) the quantity of verifiable energy savings, homeowner 
     energy bill savings, and other benefits of the Home Star Loan 
     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.

     SEC. 112. FUNDING.

       (a) Authorization of Appropriations.--
       (1) In general.--Subject to subsection (j), there are 
     authorized to be appropriated to carry out this title 
     $6,000,000,000 for the period of fiscal years 2010 and 2011, 
     to remain available until expended.
       (2) Maintenance of funding.--Funds provided under this 
     section shall supplement and not supplant any prior or 
     planned Federal and State funding provided to carry out 
     energy efficiency programs. To the extent the Secretary finds 
     that a State has supplanted other such programs with funding 
     under this section, the Secretary may withhold an equivalent 
     amount of funding from allocations for the State under this 
     title.
       (b) Grants to States.--
       (1) In general.--Except as otherwise provided in this 
     subsection, of the amount provided under subsection (a), not 
     more than 9 percent is authorized to be appropriated to the 
     Secretary for providing grants to States, to be used for--
       (A) administrative costs of carrying out this title;
       (B) development and implementation of quality assurance 
     frameworks;
       (C) oversight of quality assurance programs;
       (D) establishment and delivery of financing mechanisms, in 
     accordance with paragraph (2); and
       (E) coordination with existing residential retrofit 
     programs and infrastructure development to assist deployment 
     of the Home Star Retrofit Rebate Program.
       (2) Financing.--Of the amounts allocated to the States 
     under paragraph (1), not less than 60 percent shall be used 
     to carry out section 111.
       (3) Distribution to states.--
       (A) Provision of funds.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall provide to 
     the State energy offices, or such other State entities as are 
     designated by the Governor, of States that are carrying out 
     responsibilities under section 105, 25 percent of the funds 
     described in paragraph (1).
       (B) Allocation.--Funds described in subparagraph (A) 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.).
       (C) Fund allocation process.--The Secretary shall allocate 
     the remaining 75 percent of the funds described in paragraph 
     (1) in a manner that may vary from the formula described in 
     subparagraph (B) as necessary to best support the objectives 
     of achieving energy efficiency gains, employment of 
     underemployed workers, and implementing quality assurance 
     programs and frameworks in participating States.
       (4) Withholding of funds.--To the extent that the Secretary 
     assumes the responsibilities of a State under section 101(i), 
     the Secretary shall withhold the portion of the funds 
     otherwise transferrable to the State under this section that 
     are attributable to those State responsibilities.
       (5) Indian tribes.--
       (A) In general.--If an Indian tribe acts in place of a 
     State for purposes of carrying out the responsibilities of 
     the State under this title with respect to its tribal lands 
     pursuant to section 101(h), the Secretary shall transfer to 
     that Indian tribe, instead of the State, the proportionate 
     share of funds otherwise transferrable to the State under 
     this section.
       (B) Proportionate share.--For purposes of subparagraph (A), 
     the proportionate share shall be calculated on the basis of 
     the percentage of the population of the State that resides 
     within the tribal lands.

[[Page 7435]]

       (c) Quality Assurance Costs.--
       (1) In general.--Of the amount provided under subsection 
     (a), not more than 5 percent are authorized to be 
     appropriated to the Secretary to be used as provided in 
     paragraph (2), in accordance with information provided by the 
     State offices or entities described in subsection (b)(3)(B) 
     with respect to services provided by quality assurance 
     providers.
       (2) Distribution to quality assurance providers or rebate 
     aggregators.--The Secretary shall use funds provided under 
     this subsection to compensate quality assurance providers and 
     rebate aggregators for services provided under this title.
       (3) Compensation.--The amount of compensation provided 
     under this subsection shall be--
       (A)(i) in the case of the Silver Star Home Energy Retrofit 
     Program--
       (I) not more than $25 to rebate aggregators per rebate 
     review and processing under the program; and
       (II) $150 to quality assurance providers for each field 
     inspection conducted under the program; and
       (ii) in the case of the Gold Star Home Energy Retrofit 
     Program--
       (I) not more than $35 to rebate aggregators for each rebate 
     review and processing under the program; and
       (II) $300 to quality assurance providers 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 title 
     to optimize the overall energy efficiency resulting from the 
     Silver Star Home Energy Retrofit Program and the Gold Star 
     Home Energy Retrofit Program.
       (d) Tracking of Rebates and Expenditures.--Of the amount 
     provided under subsection (a), not more than 2.5 percent are 
     authorized to be appropriated to the Secretary to be used for 
     costs associated with tracking rebates and expenditures 
     through the Federal Rebate Processing System under this 
     title, technical assistance to States, and related 
     administrative costs incurred by the Secretary.
       (e) Public Education and Coordination.--Of the amount 
     provided under subsection (a), not more than 0.2 percent are 
     authorized to be appropriated to the Administrator to be used 
     for costs associated with public education and coordination 
     with the Federal Energy Star program.
       (f) Silver Star Home Energy Retrofit Program.--
       (1) In general.--Of the amount provided under subsection 
     (a), after subtracting the amounts authorized in subsections 
     (b), (d), and (e) of this section, two-thirds of the 
     remainder are authorized to be appropriated to the Secretary 
     to be used to provide rebates and other payments authorized 
     under the Silver Star Home Energy Retrofit Program.
       (2) Products purchased without installation services.--Of 
     the amounts appropriated pursuant to this subsection for the 
     Silver Star program, 7.5 percent shall be made available for 
     rebates under section 103(f).
       (g) Gold Star Home Energy Retrofit Program.--Of the amount 
     provided under subsection (a), after subtracting the amounts 
     authorized in subsections (b), (d), and (e) of this section, 
     one-third of the remainder is authorized to be appropriated 
     to the Secretary to be used to provide rebates and other 
     payments authorized under the Gold Star Home Energy Retrofit 
     Program.
       (h) 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.
       (i) Sunset.--With the exception of the provisions of 
     section 102(c)(5), (6), and (7), sections 107, 110, and 111, 
     this subsection, and the relevant definitions in section 2 to 
     those provisions, this title shall cease to be effective 
     after December 31, 2012. Nothing in this subsection shall 
     prevent a State from continuing to implement a quality 
     assurance framework established pursuant to section 105.

             TITLE II--ENERGY EFFICIENT MANUFACTURED HOMES

     SEC. 201. ENERGY EFFICIENT MANUFACTURED HOMES.

       (a) Definitions.--In this section:
       (1) Manufactured home.--The term ``manufactured home'' has 
     the meaning given such term in section 603 of the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974 (42 U.S.C. 5402).
       (2) Energy star qualified manufactured home.--The term 
     ``Energy Star qualified manufactured home'' means a 
     manufactured home that has been designed, produced, and 
     installed in accordance with Energy Star's guidelines by an 
     Energy Star certified plant.
       (b) Purpose.--The purpose of this section is to assist low-
     income households residing in manufactured homes constructed 
     prior to 1976 to save energy and energy expenditures by 
     providing funding for the purchase of new Energy Star 
     qualified manufactured homes.
       (c) Grants to State Agencies.--
       (1) Grants.--The Secretary may make grants to State 
     agencies responsible for developing State energy conservation 
     plans under section 362 of the Energy Policy and Conservation 
     Act (42 U.S.C. 6322) (or such other existing State agency 
     that exercises similar functions as the Governor of a State 
     may designate), to provide owners of manufactured homes 
     constructed prior to 1976 funding to use to purchase new 
     Energy Star qualified manufactured homes.
       (2) Allocation of grants.--Grants under paragraph (1) shall 
     be distributed to State agencies in States on the basis of 
     their proportionate share of all manufactured homes 
     constructed prior to 1976 that are occupied as primary 
     residences in the United States, based on the most recent and 
     accurate data available.
       (3) Funding.--
       (A) Primary residence requirement.--Funding described under 
     paragraph (1) may only be made to an owner of a manufactured 
     home constructed prior to 1976 that has been used by the 
     owner as a primary residence on a year-round basis for at 
     least the previous 12 months.
       (B) Destruction and replacement.--Funding described under 
     paragraph (1) may be provided only if the manufactured home 
     constructed prior to 1976 will be--
       (i) destroyed (including appropriate recycling); and
       (ii) replaced, in an appropriate area, as determined by the 
     applicable State agency, with an Energy Star qualified 
     manufactured home.
       (C) Limitation.--Funding described under paragraph (1) may 
     not be provided to any owner of a manufactured home 
     constructed prior to 1976 that was or is a member of a 
     household for which any member of the household was provided 
     funding pursuant to this section.
       (D) Eligible households.--To be eligible to receive funding 
     described under paragraph (1), an owner of a manufactured 
     home constructed prior to 1976 shall demonstrate to the 
     applicable State agency that the total income of all members 
     the owner's household does not exceed 80 percent of the area 
     median income in the applicable area, as determined by the 
     Secretary.
       (E) Leases.--To be eligible to receive funding described 
     under paragraph (1), an owner of a manufactured home 
     constructed prior to 1976 who intends to place the new Energy 
     Star qualified manufactured home on property leased from 
     another person shall hold a lease to such property of at 
     least 3 years in duration.
       (4) Funding amount.--Funding provided by State agencies 
     under this subsection shall not exceed $7,500 per 
     manufactured home from any funds appropriated pursuant to 
     this section.
       (5) Use of state funds.--A State agency providing funding 
     under this section may supplement the amount of such funding 
     under paragraph (4) by any amount such agency approves if 
     such additional amount is from State funds and other sources, 
     including private donations and grants or loans from 
     charitable foundations.
       (6) Similar programs.--
       (A) State programs.--A State agency conducting a program 
     that has the purpose of replacing manufactured homes 
     constructed prior to 1976 with Energy Star qualified 
     manufactured homes may use funds provided under this section 
     to support such a program, provided such funding does not 
     exceed the funding limitation amount under paragraph (4).
       (B) Federal programs.--The Secretary shall seek to achieve 
     the purpose of this section through similar Federal programs 
     including--
       (i) the Weatherization Assistance Program under part A of 
     title IV of the Energy Conservation and Production Act (42 
     U.S.C. 6861 et seq.); and
       (ii) the program under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.).
       (7) Administration.--
       (A) Controls and procedures.--Each State agency receiving 
     funds under this section shall establish fiscal controls and 
     accounting procedures sufficient, as determined by the 
     Secretary, to ensure proper accounting for disbursements made 
     from such funds and fund balances. Such procedures shall 
     conform to generally accepted Government accounting 
     principles.
       (B) Coordination with other state agencies.--A State agency 
     receiving funds under this section may coordinate its 
     efforts, and share funds for administration, with other State 
     agencies or nonprofit organizations involved in low-income 
     housing programs.
       (C) Administrative expenses.--A State agency receiving 
     funds under this section may expend not more than 10 percent 
     of such funds for administrative expenses.
       (d) Decommissioning.--A person receiving funding under 
     subsection (c) may also be provided not to exceed $2,500 for 
     the decommissioning of the manufactured home being replaced.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out this section $200,000,000 for 
     fiscal year 2010 and $400,000,000 for fiscal year 2011, to 
     remain available until expended.
       (2) Administrative expenses.--Of the amounts available each 
     fiscal year to carry out this section, the Secretary may 
     expend not more than 5 percent to pay administrative 
     expenses.

  The CHAIR. No amendment to the committee amendment is in order except 
those printed in House Report 111-475. Each amendment may be offered

[[Page 7436]]

only in the order printed in the report, by a Member designated in the 
report, shall be considered read, shall be debatable for the time 
specified in the report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question.


         Amendment No. 1 Offered by Mr. Markey of Massachusetts

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
House Report 111-475.
  Mr. MARKEY of Massachusetts. Madam Chair, I, as the designee of Mr. 
Waxman, rise to offer an amendment.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Markey of Massachusetts:
       Page 3, lines 12 through 14, strike ``under other standards 
     approved by the Secretary, in consultation with the 
     Administrator'' and insert ``under other standards that the 
     Secretary shall approve or deny not later than 30 days after 
     submittal, in consultation with the Administrator''.
       Page 4, lines 21 through 23, strike ``other standards 
     approved by the Secretary, in consultation with the Secretary 
     of Labor and the Administrator'' and insert ``other standards 
     that the Secretary shall approve or deny not later than 30 
     days after submittal, in consultation with the Secretary of 
     Labor and the Administrator''.
       Page 5, line 8, insert ``or wholesale'' after ``retail''.
       Page 6, line 6, strike ``111'' and insert ``110''.
       Page 8, lines 11 through 13, strike ``any other entity 
     designated for such purpose by the Secretary, in consultation 
     with the Administrator'' and insert ``any other entity that 
     is accredited under standards that the Secretary shall 
     approve or deny not later than 30 days after submittal, in 
     consultation with the Administrator''.
       Page 10, lines 5 through 9, amend subparagraph (A) to read 
     as follows:
       (A) establish a Federal Rebate Processing System which 
     shall serve as a database and information technology system 
     to allow--
       (i) rebate aggregators to submit claims for reimbursement 
     using standard data protocols;
       (ii) quality assurance reports to be identified with the 
     work for which rebates are claimed; and
       (iii) any Home Star loans to be linked to the work for 
     which they are made;
       Page 10, line 15, strike ``and''.
       Page 10, line 16, redesignate subparagraph (C) as 
     subparagraph (D).
       Page 10, after line 15, insert the following new 
     subparagraph:
       (C) establish a means by which a State may obtain 
     confidential access to records of work performed in that 
     State from the database; and
       Page 11, lines 1 through 3, strike ``executes a Home'' and 
     all that follows through ``affirming'' and insert ``affirms, 
     in each Home Star rebate application submitted to a rebate 
     aggregator,''.
       Page 12, lines 8 and 12, redesignate paragraphs (6) and (7) 
     as paragraphs (7) and (8), respectively.
       Page 12, after line 7, insert the following new paragraph:
       (6) agreeing to cooperate with and comply with the 
     requirements of the quality assurance provider assigned to 
     inspect any work done, subject to any appeals or dispute 
     resolution process described in section 105(b)(4);
       Page 12, line 16, strike ``112'' and insert ``111''.
       Page 13, strike lines 1 through 3, and insert ``the 
     Secretary may appoint and set basic rates of pay for such 
     professional and administrative personnel as the Secretary 
     considers necessary to carry out this title. Such authority 
     shall not apply to positions in the Senior Executive Service. 
     The number of personnel appointed under this paragraph shall 
     not exceed 30 full-time equivalent employees. The terms of 
     appointment of all personnel appointed under this paragraph 
     shall expire upon the termination of the programs established 
     under this title.''.
       Page 13, lines 4 through 8, amend paragraph (2) to read as 
     follows:
       (2) Rate of pay.--The basic rate of pay for a person 
     appointed under paragraph (1) shall not exceed the maximum 
     rate of basic pay payable for GS-15 of the General Schedule 
     under section 5332 of title 5, United States Code.
       Page 13, lines 9 through 21, strike paragraphs (3) and (4) 
     (and redesignate the subsequent paragraphs accordingly).
       Page 16, strike lines 8 through 10 and insert the 
     following:
       (5) Effective period.--(A) Paragraph (1) shall be effective 
     only until December 31, 2010, except with respect to 
     personnel appointed to support the quality assurance and 
     enforcement of the programs established under this title, for 
     which appointments may be made under paragraph (1) until the 
     termination of the programs established under this title 
     pursuant to section 111(i).
       (B) Paragraphs (3) and (4) shall be effective only until 
     the date that is 2 years after the date of enactment of this 
     Act, except with respect to regulations and information 
     collection relating to the quality assurance and enforcement 
     of the programs established under this title.
       Page 18, lines 1, 3, 6, and 11, strike ``section 105'' and 
     insert ``section 105 or 110''.
       Page 18, line 17, insert ``unless the energy savings 
     measures installed pursuant to section 103 are excluded from 
     the calculations performed for purposes of section 104 and 
     the total amount of rebates paid for the home does not exceed 
     the maximum rebate available pursuant to section 104'' after 
     ``the same home''.
       Page 19, line 7, strike ``section'' and insert ``title''.
       Page 21, after line 10, insert the following new 
     subsections:
       (o) Information Hotlines.--
       (1) Contractors.--The Secretary shall establish and 
     publicize a telephone hotline for contractors to call to 
     obtain information about the programs under this Act.
       (2) Homeowners.--The Secretary shall establish and 
     publicize a telephone hotline for homeowners to call to 
     obtain information about the programs under this Act.
       (p) Online Chat Function.--The Secretary shall determine 
     the feasibility and effectiveness of establishing an online 
     chat function through the website established for the Home 
     Star Retrofit Rebate Program, and may establish such a 
     function as appropriate.
       Page 21, line 20, insert ``, in one or more particular 
     States,'' after ``any rebate aggregator''.
       Page 21, line 21, insert ``The Secretary shall consult with 
     States operating existing residential energy efficiency and 
     retrofit programs on how best to coordinate the Home Star 
     Retrofit Rebate Program with such existing programs, 
     including the designation of rebate aggregators.'' after 
     ``competent manner.''.
       Page 21, line 22, strike ``30 days'' and insert ``60 
     days''.
       Page 21, strike lines 24 and 25, and insert ``a sufficient 
     number of rebate aggregators in each State to ensure that 
     rebate applications can be accepted from all qualified 
     contractors.''.
       Page 22, line 10, insert ``not later than 10 days after 
     receipt of a complete rebate application,'' after ``(3)''.
       Page 22, line 14, strike ``30'' and insert ``10''.
       Page 23, line 22 strike ``and''.
       Page 23, line 25, strike ``would not disrupt'' and insert 
     ``would facilitate coordination with, and not disrupt,''.
       Page 24, line 3, insert ``and'' after the semicolon.
       Page 24, after line 3, insert the following new clause:
       (iv) whose operational facilities, employees, electronic 
     recordkeeping hardware and facilities, and conventional 
     records used to carry out the responsibilities of a rebate 
     aggregator are located wholly within the United States, to 
     the extent consistent with the international obligations of 
     the United States.
       Page 25, line 18, insert ``and to the availability of 
     funding pursuant to section 111'' after ``subsection 
     (d)(4)''.
       Page 26, line 9, strike ``polyurethane'' and insert 
     ``insulating''.
       Page 26, line 25, insert ``, except that a State, with the 
     approval of the Secretary, may designate climate zone 
     subregions as a function of varying elevation'' after 
     ``structural capacity''.
       Page 27, line 6, strike ``seal or replacement'' and insert 
     ``sealing or replacement and sealing''.
       Page 27, line 10, strike ``, replaces'' and insert ``and 
     sealing, replaces and seals''.
       Page 27, line 17, insert ``or adds at least R-10 of 
     continuous insulation'' after ``thickness''.
       Page 28, lines 10 through 21 amend paragraph (6) to read as 
     follows:
       (6) Window replacement that replaces at least 8 exterior 
     windows, or 75 percent of the exterior windows in a home, 
     whichever is less, with windows that--
       (A) are certified by the National Fenestration Rating 
     Council; and
       (B) comply with criteria applicable to windows under 
     section 25(c) of the Internal Revenue Code of 1986 or, in 
     areas above 5,000 feet elevation, have a U-factor of at least 
     0.35 when replacing windows that are single-glazed or double-
     glazed with an internal air space of \1/4\ inch or less.
       Page 28, lines 22 through 24, amend paragraph (7) to read 
     as follows:
       (7) Door or skylight replacement that replaces at least 1 
     exterior door or skylight with doors or skylights that comply 
     with the 2010 Energy Star specification for doors or 
     skylights.
       Page 29, lines 1 through 3, amend clause (i) to read as 
     follows:
       (i) a natural gas or propane furnace with a furnace that 
     has--
       (I) an AFUE rating of 92 or greater; or
       (II) an AFUE rating of 95 or greater;
       Page 29, line 12, through page 30, line 17, amend clause 
     (v) to read as follows:
       (v) a wood or pellet furnace, boiler, or stove, if--

[[Page 7437]]

       (I) the new system--

       (aa) meets at least 75 percent of the heating demands of 
     the home; and
       (bb) in the case of a wood stove, but not a pellet stove, 
     replaces an existing wood stove, but not a pellet stove, and 
     is certified by the Administrator;

       (II) the home has a distribution system (such as ducts, 
     vents, blowers, or affixed fans) that allows heat to reach 
     all or most parts of the home;
       (III) in the case where an old wood stove is being 
     replaced, a voucher is provided by the installer or other 
     responsible party certifying that the old wood stove has been 
     removed and rendered inoperable or recycled at an appropriate 
     recycling facility; and
       (IV) an accredited independent laboratory recognized by the 
     Administrator certifies that the new system--

       (aa) has thermal efficiency (lower heating value) of at 
     least 75 percent for wood and pellet stoves, and at least 80 
     percent for furnaces and boilers; and
       (bb) has particulate emissions of less than 3.0 grams per 
     hour for stoves, and less than 0.32 lbs/mmBTU for outdoor 
     furnaces and boilers.
       Page 30, line 23, strike ``Air'' and insert ``Air-source 
     air''.
       Page 31, lines 4 and 5, amend clause (i) to read as 
     follows:
       (i) in the case of an air-source air conditioner--

       (I) SEER 16 and EER 13; or
       (II) SEER 18 and EER 15; and

       Page 31, line 18, strike ``or a'' and insert ``, or a 
     natural gas or propane storage or tankless water heater 
     with''.
       Page 32, lines 9 through 11, amend subparagraph (F) to read 
     as follows:
       (F) an electric tankless water heater with an energy factor 
     or thermal efficiency, as applicable, of .96 or more or a 
     thermal efficiency of 96 percent or more, that operates on 
     not greater than 25 kilowatts;
       Page 32, lines 17 through 21, amend subparagraph (H) to 
     read as follows:
       (H) a water heater installed in conjunction with a 
     qualifying geothermal heat pump described in paragraph (10) 
     that provides domestic water heating through the use of--
       (i) a desuperheater; or
       (ii) year-round demand water heating capability.
       Page 32, line 22, insert ``or doors'' after ``Storm 
     windows''.
       Page 32, lines 23 through 25, strike ``single-glazed 
     windows that do not have storm windows;'' and insert ``doors 
     or existing single-glazed windows; and''.
       Page 33, lines 1 through 3, strike subparagraph (B).
       Page 33, line 4, redesignate subparagraph (C) as 
     subparagraph (B).
       Page 33, line 5, insert ``or doors'' after ``storm 
     windows''.
       Page 33, line 10, strike ``less'' and insert ``more''.
       Page 33, line 16, insert ``for installations'' after ``at 
     least 1.1''.
       Page 34, line 18, strike ``and''.
       Page 34, line 20, strike the period and insert ``; and''.
       Page 34, after line 20, insert the following new 
     subparagraph:
       (C) an air-source air conditioner described in subsection 
     (b)(9)(B)(i)(II).
       Page 35, line 1, insert ``and per skylight'' after ``per 
     door''.
       Page 35, line 2, insert ``and 2 Energy Star skylights'' 
     after ``Energy Star doors''.
       Page 35, line 4, strike ``$250'' and insert ``$400''.
       Page 35, lines 7 through 15, redesignate subparagraphs (C) 
     through (F) as subparagraphs (D) through (G), respectively.
       Page 35, after line 6, insert the following new 
     subparagraph:
       (C) $750 for a water heater described in subsection 
     (b)(11)(B);
       Page 35, line 9, insert ``or door'' after ``each storm 
     window''.
       Page 35, line 11, insert ``or doors'' after ``storm 
     windows''.
       Page 35, line 14, strike ``and''.
       Page 35, line 16, strike the period and insert a semicolon.
       Page 35, after line 16, insert the following new 
     subparagraphs:
       (H) $750 for heating system replacement described in 
     subsection (b)(8)(A)(i)(I);
       (I) $500 for a wood or pellet stove that has a heating 
     capacity of at least 28,000 Btu per hour and meets all of the 
     requirements of subsection (b)(8)(A)(v), except for the 
     requirements of subclause (I)(aa) and subclause (II); and
       (J) $500 for a for a desuperheater as described in 
     subsection (b)(11)(H)(i).
       Page 38, line 4, strike ``A'' and insert ``Not later than 1 
     year after the completion of a project for which rebates are 
     sought, a''.
       Page 38, line 7, strike ``quality assurance requirements of 
     this title has'' and insert ``required specifications for 
     each measure or standards for installation have''.
       Page 39, line 23, insert ``as of the date of enactment of 
     this Act'' after ``qualify''.
       Page 39, line 25 through page 40, line 1, strike ``, but 
     with'' and all that follows through ``has been made''.
       Page 40, line 4, strike ``polyurethane'' and insert 
     ``insulating''.
       Page 42, line 5, insert ``and the availability of funds 
     pursuant to section 111'' after ``subsection (b)''.
       Page 42, line 19, insert ``energy-efficient wood products, 
     insulated vinyl siding,'' after ``temperature controllers,''.
       Page 45, line 2, strike ``metered'' and insert 
     ``verified''.
       Page 46, line 3, strike ``conducted in'' and insert ``and 
     energy savings projections conducted with respect to''.
       Page 47, line 12, strike ``A'' and insert ``Not later than 
     1 year after completion of a project for which rebates are 
     sought, a''.
       Page 48, lines 10 through 19, amend subparagraph (A) to 
     read as follows:
       (A) If a field verification by an independent quality 
     assurance provider finds that corrective work is needed, the 
     accredited contractor will correct the work so the installed 
     measures comply with manufacturer and applicable code 
     standards, and reasonably determined energy savings 
     projections indicate compliance with the specifications and 
     quality standards under this title. Such compliance shall be 
     achieved not later than 14 days after the date of 
     notification of a defect pursuant to a warranty, provided at 
     no additional cost to the homeowner.
       Page 50, after line 3, insert the following new subsection:
       (g) Accreditation Scholarships.--The Secretary may provide 
     up to 0.3 percent of the funding available for carrying out 
     this section for need-based scholarships to individuals to 
     enable them to qualify as accredited contractors. In 
     providing such scholarships, the Secretary shall factor in 
     the number of accredited contractors in the State and their 
     proportion to the State's population.
       Page 52, line 5, strike ``minority and'' and insert 
     ``minority, veteran, and''.
       Page 53, after line 2, insert the following new 
     subparagraph:
       (F) to the extent practicable, a plan to incorporate 
     existing clean energy and energy efficiency coursework, 
     worker training programs, and worker certification programs 
     at community colleges;
       Page 53, line 3, strike ``(F)'' and insert ``(G)''.
       Page 53, line 7, strike ``(G)'' and insert ``(H)''.
       Page 53, line 16, strike ``112'' and insert ``111''.
       Page 55, after line 8, insert the following new paragraph:
       (4) Appeals and dispute resolution process.--A quality 
     assurance program established under this subsection shall 
     include an expedited and final appeals and dispute resolution 
     process.
       Page 57, lines 3 through 14, strike section 107 (and 
     redesignate the subsequent sections accordingly).
       Page 58, line 7, insert ``(a) In General.--'' before ``Not 
     later than''.
       Page 58, line 11, strike ``and''.
       Page 58, line 16, strike the period and insert a semicolon.
       Page 58, after line 16, insert the following:
       (3) the benefits of the programs under this title for 
     senior citizens; and
       (4) financing options as needed to inform consumers and 
     qualified financing entities of the details of the Home Star 
     Energy Efficiency Loan Program under section 110.

     The public education campaign shall not include any 
     distribution of gift or promotional items without direct 
     educational value.
       (b) Veterans.--The Administrator shall coordinate with the 
     Secretary of Veterans Affairs on how to implement an outreach 
     strategy to veterans and veteran service organizations about 
     retrofit rebate programs.
       Page 60, line 2, strike ``subsection (e)(1)'' and insert 
     ``subsection (d)(1)''.
       Page 60, line 8, strike ``and''.
       Page 60, line 14, strike the period and insert ``; and''.
       Page 60, after line 14, insert the following new 
     subparagraph:
       (C) limited to financing the homeowners' portion of a 
     Silver Star or Gold Star project undertaken pursuant to this 
     title.
       Page 60, line 17, insert ``, subject to the availability of 
     funding pursuant to section 111,'' after ``the Secretary''.
       Page 61, line 22, strike ``and''.
       Page 62, line 4, strike the period and insert ``; and''.
       Page 62, after line 4, insert the following new paragraph:
       (5) undertake particular efforts to make such loans 
     available to senior citizens living in older homes or living 
     on fixed incomes.
       Page 62, lines 5 through 16, strike subsection (d) (and 
     redesignate the subsequent subsections accordingly).
       Page 63, lines 22 and 23, strike ``manner, all information 
     regarding'' and insert ``manner--
       (A) to the rebate aggregator all information regarding each 
     loan made with respect to a project for which the rebate 
     aggregator accepted a rebate application; and
       (B) information concerning''.
       Page 64, line 4, insert ``solely'' after ``may be used''.
       Page 64, line 6, strike ``to eligible participants, 
     including'' and insert ``. The support for qualified loan 
     program financing mechanisms may include''.
       Page 64, line 10, insert ``or'' after the semicolon.
       Page 64, line 12, strike ``; or'' and insert a period.
       Page 64, lines 13 through 18, strike paragraph (4).

[[Page 7438]]

       Page 64, line 20, strike ``subsection (f)(3)'' and insert 
     ``subsection (e)(3)''.
       Page 64, line 25, insert ``Any money that is repaid under a 
     Gold Star or Silver Star loan into a State a revolving loan 
     fund after a date 2 years from the date of enactment of this 
     title may be retained by that State and utilized for purposes 
     of providing additional loans for home energy retrofit 
     purposes or to support a State home energy efficiency 
     retrofit program. In the event that the Secretary is carrying 
     out the Home Star Energy Efficiency Loan program in lieu of a 
     State program, such repayments shall be returned to the 
     Treasury.'' after ``with this section.''.
       Page 65, line 19, strike ``Subject to subsection (j), 
     there'' and insert ``There''.
       Page 66, line 8 through page 68, line 2, strike paragraphs 
     (1) through (3) and insert the following:
       (1) Distribution to states.--
       (A) In general.--Except as otherwise provided in this 
     subsection, of the amount provided under subsection (a), 3.6 
     percent is authorized to be appropriated to the Secretary for 
     providing grants to States, to be used for--
       (i) administrative costs of carrying out this title;
       (ii) development and implementation of quality assurance 
     frameworks;
       (iii) oversight of quality assurance programs;
       (iv) establishment and delivery of financing mechanisms, in 
     accordance with paragraph (2); and
       (v) coordination with existing residential retrofit 
     programs and infrastructure development to assist deployment 
     of the Home Star Retrofit Rebate Program.
       (B) Distribution.--
       (i) Provision of funds.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall provide to 
     the State energy offices, or such other State entities as are 
     designated by the Governor, of States that are carrying out 
     responsibilities under section 105, 25 percent of the funds 
     described in subparagraph (A).
       (ii) Allocation.--Funds described in clause (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.).
       (iii) Fund allocation process.--The Secretary shall 
     allocate the remaining 75 percent of the funds described in 
     clause (i) in a manner that may vary from the formula 
     described in clause (ii) as necessary to best support the 
     objectives of achieving energy efficiency gains, employment 
     of underemployed workers, and implementing quality assurance 
     programs and frameworks in participating States.
       (2) Financing.--
       (A) In general.--Except as otherwise provided in this 
     subsection, of the amount provided under subsection (a), 5.4 
     percent is authorized to be appropriated to the Secretary for 
     carrying out section 110.
       (B) Distribution.--
       (i) Provision of funds.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary shall provide to 
     the State energy offices, or such other State entities as are 
     designated by the Governor, of States that are carrying out 
     responsibilities under section 105, 75 percent of the funds 
     described in subparagraph (A).
       (ii) Allocation.--Funds described in clause (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.).
       (iii) Fund allocation process.--The Secretary shall 
     allocate the remaining 25 percent of the funds described in 
     clause (i) in a manner that may vary from the formula 
     described in clause (ii) and reward those States that make 
     the best progress in providing loans to low-income areas 
     pursuant to section 110(c)(4).
       Page 68, lines 3 and 9, redesignate paragraphs (4) and (5) 
     as paragraphs (3) and (4), respectively.
       Page 68, line 23, insert ``and Rebate Aggregation'' after 
     ``Quality Assurance''.
       Page 69, line 4, strike ``subsection (b)(3)(B)'' and insert 
     ``subsection (b)(1)(B)(ii)''.
       Page 69, line 5, insert ``and rebate aggregators'' after 
     ``assurance providers''.
       Page 71, line 1, strike ``(b), (d)'' and insert ``(b), (c), 
     (d)''.
       Page 71, line 13, strike ``(b), (d)'' and insert ``(b), 
     (c), (d)''.
       Page 72, after line 6, insert the following new paragraph:
       (3) Home star energy efficiency loan program.--If a State, 
     or the Secretary acting in lieu of a State program, has not 
     disbursed or provided in the form of loans all the funds 
     available for such loans under the Home Star Energy 
     Efficiency Loan Program by the date that is 2 years after the 
     date of enactment of this title, any undisbursed funds shall 
     be returned to the Treasury.
       Page 72, line 8, strike ``107, 110, and 111'' and insert 
     ``109 and 110''.
       Page 72, after line 13, insert the following new section:

     SEC. 113. NOISE ABATEMENT STUDY.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     Health and Human Services, 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 
     study of the effects of the energy savings measures made as a 
     result of this Act on noise abatement.
       Page 72, line 15, insert ``AND MODULAR'' after 
     ``MANUFACTURED''.
       Page 72, line 16, insert ``and modular'' after 
     ``manufactured''.
       Page 73, after line 3, insert the following new paragraphs:
       (3) Modular home.--The term ``modular home'' means a 
     structure that is--
       (A) designed and manufactured to comply with applicable 
     national, State, and local building codes and regulations;
       (B) transportable in one or more sections;
       (C) not constructed on a permanent chassis; and
       (D) designed to be used as a dwelling on permanent 
     foundations when connected to required utilities, including 
     the plumbing, heating, air conditioning, and electrical 
     systems contained therein.
       (4) Energy star qualified modular home.--The term ``Energy 
     Star qualified modular home'' means a modular home that has 
     been designed, produced, and installed in accordance with 
     Energy Star's guidelines.
       Page 73, line 8, insert ``or new Energy Star qualified 
     modular homes'' after ``manufactured homes''.
       Page 73, line 18, insert ``or new Energy Star qualified 
     modular homes'' after ``manufactured homes''.
       Page 74, line 18, insert ``or Energy Star qualified modular 
     home'' after ``manufactured home''.
       Page 75, line 13, insert ``or new Energy Star qualified 
     modular home'' after ``manufactured home''.
       Page 75, line 18, insert ``or modular home'' after 
     ``manufactured home''.
       Page 76, lines 3 though 21, amend paragraph (6) to read as 
     follows:
       (6) State programs.--A State agency conducting a program 
     that has the purpose of replacing manufactured homes 
     constructed prior to 1976 with Energy Star qualified 
     manufactured homes or Energy Star qualified modular homes may 
     use funds provided under this section to support such a 
     program, provided such funding does not exceed the funding 
     limitation amount under paragraph (4).

  The CHAIR. Pursuant to House Resolution 1329, the gentleman from 
Massachusetts (Mr. Markey) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. MARKEY of Massachusetts. Madam Chair, Chairman Waxman's amendment 
strengthens the core functions of Home Star: to save energy, create 
jobs, and save consumers money. I will highlight just a few of the 
provisions in the amendment.
  The amendment offers additional rebates for super-efficient air 
conditioners and furnaces. It requires rebate aggregators under Home 
Star to be entirely employed in the United States. And it includes 
rebates for storm windows and doors.
  The technical changes to the amendment have streamlined the 
effectiveness of the program. For example, the amendment includes a 
provision to ensure coordination between existing State energy 
efficiency programs and Home Star. I think that Chairman Waxman's 
amendment improves significantly the bill. I think it contributes to 
our overall goals. I ask that the amendment be accepted by the House.
  I reserve the balance of my time.
  Mr. BARTON of Texas. Madam Chair, I rise in opposition to the 
amendment.
  The CHAIR. The gentleman is recognized for 10 minutes.

                              {time}  1315

  Mr. BARTON of Texas. We do oppose the manager's amendment, Madam 
Chair. It is a good-faith attempt to try to perfect some of the 
anomalies within it. It's fairly long-winded. It's fairly complicated, 
because when the government starts to intervene in the marketplace, it 
has to intervene more and more pervasively to try to handle all of the 
various things that normally the hidden hand of the market, to quote 
Adam Smith, would correct or take care of.
  So, if you support the underlying bill, you should support the 
manager's amendment because it is trying to correct the problems which 
those who support it have seen in the underlying bill. If you don't 
support the underlying bill, which I do not, you should oppose the 
Waxman amendment because here is a program, again, which is spending 
$6.6 billion--or at least is authorizing the spending of $6.6 billion, 
which we don't have, which has no pay-for, and

[[Page 7439]]

the Department of Energy has a $5 billion program currently on the 
books that has been appropriated for which they've not yet handed out 
the money.
  So we oppose Chairman Waxman's manager's amendment and would ask for 
a ``no'' vote.
  With that, I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. I yield 2 minutes to the gentlelady from 
Arizona (Ms. Giffords).
  Ms. GIFFORDS. Madam Chair, I rise today to proudly support the Home 
Star Energy Retrofit Act.
  Energy efficiency saves fuel, electricity, and it helps Americans to 
save money. However, embracing energy efficiency at home isn't just 
about energy or money. It improves the comfort and quality of life that 
people experience every day. It actually makes homes better places to 
live.
  I support this bill because it creates jobs in all 50 States, which 
is a priority of this Congress. Whether you live in sunny Arizona, like 
myself, or icy Alaska, people will use their local installers to make 
these upgrades to their homes.
  I would like to thank the committee for accepting my amendment, which 
directs the Secretary of Energy to provide need-based scholarships for 
training programs to get Gold Star certification. To take full 
advantage of the Home Star program, we need to grow a workforce that 
can implement these programs in every State and in any home. The 
scholarships made possible by my amendment will allow these individuals 
looking for jobs to get the training that they need so that Americans 
can fully realize the full benefit of the Home Star program. Training a 
new generation of skilled workers is a smart investment that will pay 
dividends in the future.
  This bill is about jobs. It's also about training the smart 
workforce, and it's about saving resources and money for American 
families at this critical time. That is why I am so proud to support 
the Home Star Energy Retrofit Act.
  Mr. BARTON of Texas. I have no further speakers on this amendment. I 
request a ``no'' vote.
  I yield back the balance of my time.
  Mr. MARKEY of Massachusetts. I yield 2 minutes to the gentleman from 
Missouri (Mr. Carnahan).
  Mr. CARNAHAN. Madam Chair, I would like to thank Chairman Markey for 
his leadership and all the others involved in this legislation, the 
Home Star Energy Retrofit Act of 2010, and also, in particular, 
Representative Welch and the other sponsors of the bill that have 
really led this effort.
  This is a bill that will help in this tough recession which our 
country has been going through by also providing incentives to help 
generate our economy, to get it moving again, and do it in ways that 
are smart--smart by providing incentives to encourage homeowners to 
make their homes more energy efficient by providing up-front rebates 
for home energy savings investments, such as improved insulation, 
upgrades to HVAC systems, and energy-efficient windows.
  It will also create more green jobs. These are green jobs that can't 
be outsourced or sent overseas, and most of the products that are used 
are going to be used by small businesses here that manufacture those 
products and goods here in our country.
  It is going to help grow our economy. It's going to help grow green 
jobs. It's also going to help as we look at making our environment a 
better place for all of us going forward. I strongly support it and 
support the manager's amendment.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield back the balance of 
my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Massachusetts (Mr. Markey).
  The amendment was agreed to.


             Amendment No. 2 Offered by Mr. Barton of Texas

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
House Report 111-475.
  Mr. BARTON of Texas. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Barton of Texas:
       Page 64, lines 19 through 25, strike subsection (g) (and 
     redesignate the subsequent subsection accordingly).

  The CHAIR. Pursuant to House Resolution 1329, the gentleman from 
Texas (Mr. Barton) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. BARTON of Texas. Madam Chair, this amendment is fairly 
straightforward. It would strike section 111(g), which provides that 
funds repaid by eligible participants may be used to provide loans to 
additional participants under the Home Star Energy Efficiency Loan 
Program. In other words, under the pending legislation, if people were 
to get a loan and use that loan, when that loan was paid back, the 
funds that are paid back could then be relent. My amendment would 
strike the relending provision so that as the funds are paid back, they 
would go to the Treasury, hopefully for deficit reduction.
  Since section 111 is carved out of the sunset section, section 
112(i), this loan program could potentially go on forever with money 
that is repaid continually being loaned out to new recipients. So we 
could create, under this new section 111(g) if we don't accept the 
Barton amendment, a perpetual program, in effect, a new, self-funded 
entitlement program. This bill is billed as a 2-year temporary program, 
but the provision in 111(g) is contrary to the 2-year sunset provision 
of the overall bill. So I would hope that we would accept this 
amendment.
  With that, I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. Madam Chair, I rise in opposition.
  The CHAIR. The gentleman is recognized for 5 minutes.
  Mr. MARKEY of Massachusetts. I yield myself 2 of those 5 minutes.
  Madam Chair, people want to save money on their energy bills, but not 
everyone can afford the upfront costs of an energy retrofit. What the 
Home Star Energy Efficiency Loan Program is designed to do is to help 
those people participate in the Home Star program. The loan program is 
also meant to provide a sustainable source of loan funds for years of 
future energy retrofits across a broad geographic and economic 
spectrum. The program will reach out to low-income households that 
would greatly benefit from reduced energy bills.
  Now, if the Barton amendment is passed, it would severely limit the 
number of people who could participate in Home Star. Without long-term 
opportunities for efficiency loans, many low-income households will, 
literally, be left out in the cold.
  Home Star will incentivize energy-efficient retrofits. It must also 
make those retrofits a reality. The loan program offers households a 
pathway out of crushing utility bills towards a clean energy future.
  I urge my colleagues to vote ``no'' on the Barton amendment.
  I reserve the balance of my time.
  Mr. BARTON of Texas. I yield myself such time as I may consume, 
subject to the 5-minute limitation.
  As always, Madam Chairwoman, I am deeply moved by my friend from 
Massachusetts' eloquent words. The problem is nothing he said really 
directly relates to the Barton amendment. We're not striking the loan 
program. We're not changing the authorization level. We're not saying 
that low-income homeowners who wish to use the program cannot borrow 
funds under this bill if it becomes a law. What we are saying is that 
once they've borrowed the funds, once they've been spent in the proper 
fashion, and hopefully once they've been repaid, the repaid funds will 
go towards deficit reduction.
  Since this is an authorization bill, and since it's not funded 
anyway, according to the distinguished chairman, you would think that 
they would be willing to accept a small Barton amendment that simply 
says, if the program is ever funded, and if it actually is implemented, 
as people use it and pay the money back, that money goes to pay the 
poor taxpayers back

[[Page 7440]]

who have labored long and hard to pay the taxes that make the program 
possible in the first place.
  So, again, I am deeply moved by my friend from Massachusetts, but I 
hope that he is as deeply moved by my remarks and would change his 
position and support the Barton amendment.
  I reserve the balance of my time
  Mr. MARKEY of Massachusetts. I yield myself whatever time is 
remaining.
  The CHAIR. The gentleman is recognized for 3\1/2\ minutes.
  Mr. MARKEY of Massachusetts. I thank the Chair.
  The Barton amendment would eliminate the revolving part of the loan 
section which requires the money to be dedicated, again, to energy 
efficiency after it is repaid. Unfortunately, this would limit the 
ability of the middle class to take advantage of the Home Star program 
and invest in energy efficiency in the future.
  If adopted, the amendment would create a black hole. It leaves 
unanswered the question of what to do with hundreds of millions of 
taxpayer dollars that will be repaid in the coming years.
  I am concerned that this amendment is not only counter to the goals 
of the program, but it would leave it vulnerable because of the lack of 
precision which the actual impact of this amendment would have on the 
operation of the program in the future. So I continue to urge my 
colleagues to oppose this amendment.
  I reserve the balance of my time.
  Mr. BARTON of Texas. May I inquire as to how much time I have 
remaining?
  The CHAIR. The gentleman from Texas has 2 minutes remaining, and the 
gentleman from Massachusetts also has 2 minutes remaining.
  Mr. BARTON of Texas. I yield myself 2 minutes.
  Well, my esteemed colleague from Massachusetts is at least talking 
about my amendment now. That's progress. He used the term ``black 
hole.'' I'm sure he knows, since scientists at MIT in his home State 
have investigated black holes extensively, that there is mounting 
evidence that the universe could not exist without black holes. So I 
think it would be appropriate in this bill to put at least one black 
hole in this because it would enhance the viability of the overall 
program.
  Again, we are trying to protect the taxpayers who are putting up the 
money or the loan officers who are sending the money to the U.S. 
Treasury in terms of government bonds to pay for this program. We are 
not attempting to change the loan program. We think the loan program 
itself is an excellent idea if you're going to have this type of a 
program. We simply want to protect the taxpayers and also point out, 
once again, that the underlying bill is a 2-year bill. We don't want a 
self-perpetuating loan program that would take on the form of an 
entitlement.
  So vote for the Barton black hole amendment, and let's put some 
limitation on taxpayer liability.
  With that, I am going to reserve what little time, if any, I have 
left.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield myself as much time 
as I may consume, and that is only to make the point that the way in 
which the amendment is drafted is that it is just a classic motion to 
strike. And in striking, it eliminates everything within the subsection 
that exists without substituting any additional instructions. So the 
metaphor of a black hole just refers to what is the legislative result 
of having just a strike section without also additional language in 
order to substitute for what the intent would be to ensure that the 
money is then used in a way that did not lead to the law of unintended 
consequences being invoked.

                              {time}  1330

  We are very concerned here about this amendment. As it is constructed 
inside the legislation, we know what the program is. We know, 
historically, it has been a very successful and a very popular model 
that has been used in other laws. In the Clean Water Act, it was used 
as a revolving loan fund to finance wastewater cleanup for decades. The 
Safe Drinking Water Act has successfully used this model for the last 
15 years.
  So, again, my hope would be that Members would reject the Barton 
amendment.
  I reserve the balance of my time.
  Mr. BARTON of Texas. How much time do I have remaining, Madam Chair?
  The CHAIR. The gentleman has 30 seconds remaining.
  Mr. BARTON of Texas. I yield myself the final 30 seconds.
  Madam Chair, only my friend from Massachusetts could filibuster in a 
5-minute time-limited debate.
  Those last comments, as far as I could tell and to the extent they 
were substantive, were absolutely true. We do eliminate subsection G, 
and that is all we eliminate. That is the section that creates the 
reloan provision. So he is right about that. I think he is misinformed 
about the rest of his comments, and I would hope that he would support 
the elimination of one little subsection, subsection G.
  Vote ``yes'' on the Barton amendment.
  The CHAIR. The time of the gentleman has expired.
  Mr. MARKEY of Massachusetts. May I inquire as to how much time I have 
remaining?
  The CHAIR. The gentleman has 30 seconds remaining.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield myself those 30 
seconds in order to again make the point that this program is central 
to our ability to ensure that the Home Star program will work and that 
there will be a democratization of access to the capital which will be 
needed in order to implement this program. We believe that it will have 
the impact of ensuring that more and more and more Americans will 
become aware of it, will use this funding mechanism, and will create 
this technological revolution which we need in energy efficiency in our 
country.
  The CHAIR. The time of the gentleman has expired.
  The question is on the amendment offered by the gentleman from Texas 
(Mr. Barton).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. MARKEY of Massachusetts. Madam Chair, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Texas will be postponed.


                   Amendment No. 3 Offered by Mr. Nye

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
House Report 111-475.
  Mr. NYE. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Nye:
       Page 23, lines 13 and 16, redesignate subparagraphs (D) and 
     (E) as subparagraphs (E) and (F), respectively.
       Page 23, after line 12, insert the following new 
     subparagraph:
       (D) an Armed Forces exchange service in the United States 
     that offers for sale energy savings measures described in 
     section 103;

  The CHAIR. Pursuant to House Resolution 1329, the gentleman from 
Virginia (Mr. Nye) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. NYE. I yield myself such time as I may consume.
  Madam Chair, I rise today to offer a commonsense, yet important, 
amendment to the Home Star Energy Retrofit Act which will provide much-
needed savings for our military families.
  I represent one of the highest concentrations of veterans and 
servicemembers of any congressional district in the country, and this 
amendment is especially important to my constituents in Hampton Roads.
  Under the bill, homeowners, renters and contractors will be able to 
claim a credit for home energy efficiency upgrades and for high-energy-
use appliances, such as air conditioners and water heaters. My 
amendment will simply add Armed Forces exchanges to

[[Page 7441]]

the list of qualified entities that can provide these credits instantly 
to servicemembers and veterans.
  Many servicemembers and their families shop at base exchanges because 
they are one-stop shops for everything from fresh produce to energy-
efficient light bulbs and other home needs. Providing them easy access 
to the great benefits in this bill is a simple and commonsense way to 
make their day-to-day duties more hassle free.
  Madam Chair, we should do all we can to support our military 
families. Often, it is the families who have the toughest jobs because, 
really, they are doing two jobs: being strong and supportive for their 
husbands or wives who are overseas, and also taking care of the 
families back home and the household finances. Saving them a few 
hundred dollars a year, if not more, would really provide a boost to 
their finances. This amendment would make that easier.
  I would like to thank Representative Welch, Chairman Markey, and 
Chairman Waxman for their hard work in bringing this legislation to 
fruition.
  Passing the Home Star Energy Retrofit Act will go a long way toward 
promoting energy efficiencies throughout our country. So I hope my 
colleagues will join me in supporting this bill and the amendment.
  Madam Chair, I reserve the balance of my time.
  Mr. BARTON of Texas. I commend the Chair for her fairness in calling 
that last vote. I appreciate that sincerely.
  Madam Chair, I rise to claim time in opposition, although I am not 
opposed to the amendment.
  The CHAIR. Without objection, the gentleman from Texas (Mr. Barton) 
is recognized for 5 minutes.
  There was no objection.
  Mr. BARTON of Texas. Madam Chair, the minority has no objection to 
this amendment. We support it and would urge its passage.
  I yield back the balance of my time.
  Mr. NYE. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Virginia (Mr. Nye).
  The amendment was agreed to.


                 Amendment No. 4 Offered by Mr. Burgess

  The CHAIR. It is now in order to consider amendment No. 4 printed in 
House Report 111-475.
  Mr. BURGESS. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Burgess:
       Page 6, line 6, strike ``111'' and insert ``110''.
       Page 12, line 16, strike ``112'' and insert ``111''.
       Page 53, line 16, strike ``112'' and insert ``111''.
       Page 58, lines 6 through 16, strike section 109 (and 
     redesignate the subsequent sections accordingly).
       Page 65, line 19, strike ``subsection (j)'' and insert 
     ``subsection (i)''.
       Page 67, line 3, strike ``111'' and insert ``110''.
       Page 70, lines 17 through 21, strike subsection (e) (and 
     redesignate the subsequent subsections accordingly).
       Page 71, line 1, strike ``subsections (b), (d), and (e)'' 
     and insert ``subsections (b) and (d)''.
       Page 71, lines 13 and 14, strike ``subsections (b), (d), 
     and (e)'' and insert ``subsections (b) and (d)''.
       Page 72, line 8, strike ``, 110, and 111'' and insert ``and 
     110''.

  The CHAIR. Pursuant to House Resolution 1329, the gentleman from 
Texas (Mr. Burgess) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. BURGESS. Madam Chair, this amendment is relatively simple in 
construct, but the issue is an important one. The issue is cost savings 
in our country. This amendment would strike the $12 million it has 
designated for advertising that will be paid for by the Federal 
Government.
  Now, let's be honest. Energy efficiency sells itself. If consumers 
see lower bills, they use less electricity. It is inherently 
incentivized. The major manufacturers and retailers of the products 
listed in this bill know how to sell their wares. They have commercials 
on television, which I see when I'm home in my district every week: You 
can do it. We can help. They've been doing it for years.
  The Environmental Protection Agency does not need to spend money on 
advertising when these retailers are already doing everything they can 
to tell people about these rebates and to get customers in their 
stores. They certainly know how to market Energy Star rebates. Why 
would this be any different?
  If Members think their constituents aren't aware of the program, they 
can spread the word on their own, much like we did with Medicare 
prescription drug benefits and with the D-TV program. They can include 
it in their e-newsletters; they can post it on Twitter; they can post 
it on their Facebook pages; and they can mention it during their town 
halls.
  Texas had a similar program that dealt with appliances. It was 
extremely popular. It sold out within the first hour that it was up and 
running, and this was without spending any amount on State funds to 
advertise.
  Let's be honest with what we are doing. We are overspending to the 
point of bankrupting this country. Now, not only do we want to spend 
Federal dollars to help people buy water heaters, but we are going to 
spend taxpayer money to help the stores advertise to sell those same 
water heaters to those same people.
  In this bill, under the Silver Star program, the $12 million for 
advertising could be put to other purposes. For example, it could 
provide 8,000 extra rebates for attic insulation, 96,000 rebates for 
new energy-efficient doors, 48,000 extra rebates for new natural gas 
tanks, 240,000 extra rebates for storm windows, and 24,000 extra 
rebates for energy-efficient window film installation.
  If the goal of this bill is to make America more efficient, let's not 
begin by wasting $12 million to advertise the program. Let's use it to 
help more Americans buy energy-efficient products. It's a no-brainer.
  I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. I rise in opposition to the amendment.
  The CHAIR. The gentleman is recognized for 5 minutes.
  Mr. MARKEY of Massachusetts. At this time, I yield myself 2 minutes.
  Madam Chair, a philosopher once asked: If a tree falls in the middle 
of a forest and if there is no one around, does that tree make a sound? 
It is a very deep, profound, philosophical question. Mr. Burgess' 
amendment raises a similar question. If there is a great energy 
efficiency program and if people don't know about it, will it help to 
actually increase energy efficiency? The answer to that question, I 
think, is no. We actually need to have a plan to spread the word about 
Home Star to achieve the best results.
  Now, I do agree that Lowe's and Home Depot will have a stake in 
getting the word out, but the truth is that those large chains aren't 
the only companies that are going to be part of this program. The local 
hardware stores will be as well. So we need to create a balance here of 
ensuring that people in rural America, who might have hardware stores 
right down the street from them, understand that they can go there as 
well. We need to make this program as accessible as possible and as 
successful as possible in this telescoped time frame that the program 
will be in existence. In a modern American, capitalistic culture, we 
know that advertising is the central means by which consumers learn 
about good products.
  The gentleman from Texas, I am sure, is an educated consumer, 
especially about this program. He knows a lot about it. Yet there will 
be millions and millions of Americans who will not unless we augment 
what Lowe's and Home Depot might spend as part of their advertising 
programs.
  The CHAIR. The time of the gentleman has expired.
  Mr. MARKEY of Massachusetts. I yield myself an additional 30 seconds.
  We should augment what Lowe's, Home Depot, and other large chain 
stores do with programs to ensure that the other tens of thousands of 
small stores across the country, which will also be able to 
participate, will have consumers who understand that that is

[[Page 7442]]

where they can go. I think it will dramatically enhance the 
attractiveness and the success of the program.
  As a result, I would urge a ``no'' vote on the Burgess amendment.
  I reserve the balance of my time.
  Mr. BURGESS. I yield as much time as he may consume to the gentleman 
from Texas (Mr. Barton).
  Mr. BARTON of Texas. I thank the gentleman from Texas. I am not going 
to consume a lot of time.
  Madam Chair, I simply want to say this is a $12 million advertising 
campaign for free government money or loans at very low interest rates.
  Bees don't need directions to find where the flowers are that they're 
going to pollinate to get the honey and to go back to the hive. Bank 
robbers don't need directions on how to find the banks where the money 
is.
  Homeowners and contractors who qualify under this program don't need 
a $12 million program to find out where and how to get the money. As 
Dr. Burgess pointed out, they will be immediately on the Internet, on 
the various Web sites, and on the toll-free hotline numbers, and all 
the other various things finding out how, where, and what the 
requirements are.
  If all else fails, they can call Congressman Markey's office, and he 
will be happy to provide them with free assistance. If his office is 
overloaded, since mine is right next door, I will put them on a waiting 
list and will get back to them within 5 to 10 years.
  So I support the Burgess amendment, and I would hope that we would 
adopt it.
  Mr. MARKEY of Massachusetts. Would the Chair inform us as to how much 
time remains on both sides?
  The CHAIR. The gentleman from Massachusetts has 2\1/2\ minutes 
remaining. The gentleman from Texas (Mr. Burgess) has 1 minute 
remaining.
  Mr. MARKEY of Massachusetts. I yield myself as much time as I have 
remaining, and I will complete debate.
  Madam Chair, this amendment will make it very difficult for millions 
of Americans and for thousands of smaller stores across the country to 
be able to fully participate in the program. It will put a limit on how 
ultimately successful and democratic the access and opportunities are 
to this funding that we are creating in this legislation.
  So I would urge a ``no'' vote on the Burgess amendment so that those 
smaller Main Street hardware stores all across the country will have 
the same ability to have it known that their stores are available to 
participate in the Home Star program in the same way we can be sure 
that Lowe's and Home Depot are using their incredible advertising 
capacities to let the public know that they can go there as well. I 
think if we have that balance this program will be very successful.
  With that, I urge the Committee of the Whole to vote ``no'' on the 
Burgess amendment.
  I yield back the balance of my time.
  Mr. BURGESS. Madam Chair, this bill is not funded. It is an 
authorization bill. It depends upon appropriation. There is no pay-for 
put forward. It is never going to be appropriated. It is going nowhere. 
At the very least, let's be honest with ourselves. Save that $12 
million for the American taxpayer.
  Do we really believe that Home Depot, Lowe's, and even your 
neighborhood hardware stores are not at least going to put signs in the 
windows that these new Energy Star/Silver Star appliances and retrofits 
are here and available and that Federal money is available to help you 
install them in your homes?
  The fact is that already people are attuned to these giveaways from 
the Federal Government. Let's not continue to enable these types of 
programs to waste money from the Federal Treasury when we literally 
have no money left to spend.
  I urge a ``yes'' vote on the amendment and a ``no'' vote on the 
underlying bill.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Burgess).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. BURGESS. Madam Chair, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Texas will be postponed.

                              {time}  1345


                 Amendment No. 5 Offered by Mr. Deutch

  The CHAIR. It is now in order to consider amendment No. 5 printed in 
House Report 111-475.
  Mr. DEUTCH. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Deutch:
       Page 21, after line 10, insert the following new 
     subsection:
       (o) Disaster Areas.--The Secretary shall ensure that a home 
     in an area declared affected by a major disaster declared by 
     the President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     is not denied assistance under the Home Star Retrofit Rebate 
     Program solely because there is no equipment or system to 
     replace due to the disaster.

  The CHAIR. Pursuant to House Resolution 1329, the gentleman from 
Florida (Mr. Deutch) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. DEUTCH. Madam Chair, I yield myself such time as I may consume.
  Madam Chair, the Home Star Energy Retrofit Act is an important bill 
that will create jobs, lower energy bills, and reduce harmful 
greenhouse gas emissions. Improving efficiency is one of the cheapest 
and quickest ways to reduce pollution, and I am pleased to support a 
bill that encourages consumers to consider a more energy-efficient 
option when retrofitting or repairing existing appliances or systems.
  Residents of south Florida and other disaster-prone regions know far 
too well the process of home repair, as my constituents have had to 
replace roofs and windows after powerful and damaging storms.
  The underlying bill offers rebates for renovations, and my amendment 
simply ensures that the program will still apply if a natural disaster 
removes or destroys existing equipment. If a repair is required as a 
result of a hurricane or other natural disaster, the repair may no 
longer involve existing equipment and would therefore be ineligible for 
a rebate. For people who are making these repairs, we should ensure 
that it is our policy to encourage them to consider the most energy-
efficient equipment. That is the purpose of this amendment.
  The amendment is limited in scope and will not alter the intent of 
the underlying bill. It will only apply to federally declared disaster 
areas and only extend eligibility to an appliance or system destroyed 
by the disaster. For example, if a hurricane takes off a roof, this 
amendment will ensure that the homeowner still has access to a rebate 
for purchasing an energy-efficient roof even though there is no longer 
a roof to retrofit.
  Fire season just began in California and hurricane season is right 
around the corner. We ought to be mindful of the challenges faced by 
Americans who live in regions vulnerable to natural disasters. This 
amendment ensures that a south Florida family can rebuild to a higher 
energy efficiency standard after a disaster and does not have to wonder 
why they don't receive the same tax incentive offer to any other 
homeowners who choose to renovate their homes.
  I would like to commend Mr. Welch, Chairman Markey, and Chairman 
Waxman for this important energy and jobs legislation and for accepting 
this amendment. I respectfully request that my colleagues join me in 
supporting this valuable, commonsense amendment and the underlying 
bill.
  I reserve the balance of my time.
  Mr. BARTON of Texas. Madam Chair, I rise in support of the Deutch 
amendment.
  The CHAIR. Without objection, the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. BARTON of Texas. In the spirit of trying to get Members who wish 
to catch 3 o'clock planes out of town by 3 o'clock, the minority is 
prepared to accept the Deutch amendment and would

[[Page 7443]]

encourage the majority in the same spirit to limit their comments on 
the upcoming Republican amendments so that all Members, regardless of 
party affiliation, may spend the evening at home in their districts 
with their loved ones.
  We support the Deutch amendment.
  I yield back the balance of my time.
  Mr. DEUTCH. I appreciate the comments and the support, and I ask that 
my colleagues all support this amendment.
  Madam Chair, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Florida (Mr. Deutch).
  The amendment was agreed to.


                  Amendment No. 6 Offered by Mr. Flake

  The CHAIR. It is now in order to consider amendment No. 6 printed in 
House Report 111-475.
  Mr. FLAKE. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Flake:
       Page 65, line 19, strike ``subsection (j)'' and insert 
     ``subsections (i) and (j)''.
       Page 72, after line 13, insert the following new 
     subsection:
       (j) Prohibition on Earmarks.--None of the funds 
     appropriated pursuant to this section may be used for a 
     Congressional earmark as defined in clause 9(e) of rule XXI 
     of the Rules of the House of Representatives.
       Page 78, after line 4, insert the following new paragraph:
       (3) Prohibition on earmarks.--None of the funds 
     appropriated pursuant to this subsection may be used for a 
     Congressional earmark as defined in clause 9(e) of rule XXI 
     of the Rules of the House of Representatives.

  The CHAIR. Pursuant to House Resolution 1329, the gentleman from 
Arizona (Mr. Flake) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Madam Chair, this amendment is similar to amendments I 
have offered in the past on authorization bills. It simply states that 
none of the money authorized in this legislation for grant programs or 
for other purposes can be earmarked later by Members of Congress.
  We are often told that we don't plan to earmark this money, but we 
have seen in the past that many of the grant programs or other moneys 
that are authorized are later earmarked. For example, the Emergency 
Operations Center in a FEMA bill, 60 percent of the funds for the grant 
program were later earmarked.
  We can't have this, Madam Chair. If we're going to authorize a 
program, if we're going to say that moneys are available for specific 
purposes, we shouldn't come in later and simply take all that money 
from those accounts through earmarking.
  These amendments have been accepted in the past by the majority, and 
I hope that this one will be as well.
  I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. Madam Chair, I rise in support of this 
amendment.
  The CHAIR. Without objection, the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. MARKEY of Massachusetts. Madam Chair, I support the gentleman's 
amendment.
  Home Star must be funded at a level that would save or create 168,000 
jobs, save energy in 3 million homes, and save consumers $9.2 billion 
over the next decade. These savings will not be realized if the 
authorization is decreased through earmarks.
  I urge my colleagues to support the Flake amendment.
  Madam Chair, I yield back the balance of my time.
  Mr. FLAKE. I thank the gentleman for accepting the amendment.
  Madam Chair, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The amendment was agreed to.


          Amendment No. 7 Offered by Mr. Garrett of New Jersey

  The CHAIR. It is now in order to consider amendment No. 7 printed in 
House Report 111-475.
  Mr. GARRETT of New Jersey. Madam Chair, I have an amendment at the 
desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Garrett of New Jersey:
       Page 57, after line 2, insert the following new subsection:
       (d) Comptroller General Study.--Not later than 2 years 
     after the date of enactment of this Act, the Comptroller 
     General shall submit to Congress a report on the results of a 
     study of--
       (1) how much money can reasonably be estimated to be saved 
     by American consumers as a result of the energy efficiency 
     measures undertaken pursuant to this title;
       (2) how much energy can reasonably be estimated to be saved 
     as a result of the energy efficiency measures undertaken 
     pursuant to this title: and
       (3) whether the savings from the energy efficiency measures 
     undertaken pursuant to this title are greater than the cost 
     of the implementation of this title.

  The CHAIR. Pursuant to House Resolution 1329, the gentleman from New 
Jersey (Mr. Garrett) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. GARRETT of New Jersey. Madam Chair, last year The Washington Post 
ran a story entitled ``Energy Costs Generating Light Bulb Solutions.'' 
And the story talked about how energy efficiency programs that are 
being employed by local governments and local utilities are working 
here in D.C. And many of the programs, actually, when you looked into 
the article, sound a lot like the program that we are creating here 
today on the Federal level.
  For example, according to the article, in Maryland power companies at 
a local level began offering all customers energy home audits for free 
if they simply installed power-saving, energy-efficient light bulbs in 
the house. Later in that article, one of the persons who had taken 
advantage of the program, D.C. resident Elizabeth Fox, said this: She 
was thrilled to take advantage of this local program, an existing city 
program, to get a lengthy, free audit of a 100-year-old drafty house 
that she lived in in the northwest. She said, ``We got a written report 
we kept referring back to while we were renovating the third floor of 
the house.'' She added with that with the new insulation, a super-
efficient washer, dryer, hot-water heater, and air conditioner, still 
her heating bills in the house stayed around $500. So she said, ``I 
can't say we've stopped the leaky air.'' As a matter of fact, with the 
third floor now in use for the first time ever because of all these 
efficiencies, she said, ``Our energy bills actually stayed exactly the 
same.''
  So the article raises two important questions today for us here: the 
first question is if the State and local governments and local power 
companies have already taken the initiative to create these programs on 
a local level on their own, why are we creating a redundant program 
here on the Federal level to do the same thing? Think about it. No 
doubt, local companies and governments know to a much greater extent 
than we in Congress whether creating these incentives for energy 
efficiencies really work from a financial point of view.
  But the article also makes a broader point, and this is it: when we 
improve energy efficiency, we lower the cost of using energy, and, 
unsurprisingly, this also increases the demand for the energy. This has 
been documented way back since 1865, and no one has ever refuted it. 
And as pointed out in this Washington Post article, when she put in all 
these energy-efficient appliances and what have you, her energy use 
still stayed the same.
  Here is a chart over here which sort of points this out. From 1991 to 
2005, energy consumption of major appliances, how much that each use, 
actually has been going down, down, down for air conditioners, 
refrigerators, clothes washers, and the like. But look at what U.S. per 
capita electricity consumption has been. It has basically been going 
up. And why is that? That's because when you get these appliances that 
are more efficient, you end up using more of them and for longer 
periods of time. So U.S. per capita energy

[[Page 7444]]

consumption increases even though we get even more energy-efficient 
appliances.
  If you try to achieve energy efficiency on the demand side of the 
equation, as this legislation would do, we also have to be successful 
at addressing the supply side. And that's why I approach this issue of 
``all of the above'' when it comes to energy policy.
  The Democrat majority may continue to rewrite the laws in this 
country, but one thing they haven't been able to figure out how to do 
is rewrite the laws of economics.
  So needless to say, I remain skeptical about the benefits of this 
bill, and that's why I am proposing an addition to this bill, basically 
a little study by the GAO to conduct an audit of the program to find 
out one way or the other if the programs created by this bill really 
work. My amendment would direct the GAO to do a couple of things, do a 
study over the next 2 years to find out the following: How much money 
really have we saved after we have spent all this money for efficiency? 
How much energy was really saved by all this? And finally, putting 
those together, whether the savings exceeded the cost of implementing 
this program.
  When you consider the claims by the proponents of this legislation 
that this bill will save money, will save energy, and create thousands 
of jobs, I hope they won't object to this additional study here. But at 
a time when we have a trillion dollars in deficits in this country as 
far as the eye can see, at the very least the American taxpayer should 
know if his or her dollars are being spent efficiently.
  Madam Chair, I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. Madam Chair, I rise in support of the 
amendment.
  The CHAIR. Without objection, the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. MARKEY of Massachusetts. Madam Chair, I yield myself 2 minutes.
  I support the gentleman's amendment. The gentleman is seeking to have 
the GAO determine if the Silver and Gold Star programs are cost 
effective. We believe that those programs will save consumers $9.2 
billion over the next 10 years. We do believe that it will create 
168,000 jobs, saved or created. And we do believe that it will, in 
fact, save the electricity equivalent to four 300-megawatt coal-fired 
plants from ever having to be built in our country just in 2011 alone. 
Home Star is designed to be cost efficient; so I believe that we will 
find the program to be very successful. But we don't object to a GAO 
study on the matter, and I would just express my support for the 
amendment.
  Madam Chair, I yield back the balance of my time.
  Mr. GARRETT of New Jersey. I appreciate the gentleman's acceptance of 
the amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from New Jersey (Mr. Garrett).
  The amendment was agreed to.


                Amendment No. 8 Offered by Mrs. Bachmann

  The CHAIR. It is now in order to consider amendment No. 8 printed in 
House Report 111-475.
  Mrs. BACHMANN. Madam Chair, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mrs. Bachmann:
       At the end of the bill, add the following new title:

                   TITLE III--WASTE, FRAUD, AND ABUSE

     SEC. 301. REPORT.

       The Department of Energy's Inspector General shall submit a 
     report to Congress measuring the amount of waste, fraud, and 
     abuse occurring in programs created by this Act, which shall 
     include recommendations to prevent additional waste, fraud, 
     and abuse. This report shall be submitted before July 1, 
     2012.

  The CHAIR. Pursuant to House Resolution 1329, the gentlewoman from 
Minnesota (Mrs. Bachmann) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Minnesota.

                              {time}  1400

  Mrs. BACHMANN. Madam Chair, I yield myself such time as I may 
consume.
  My amendment is founded on the principle that Congress has a certain 
fiduciary duty and responsibility to ensure that taxpayer dollars are 
not wasted on ineffectual and inefficient government programs.
  My amendment will require the Department of Energy's Inspector 
General to independently report to Congress on incidents of waste, 
fraud, and abuse occurring in programs created by this bill. Further, 
the Inspector General will be required to include recommendations to 
prevent additional waste, fraud, and abuse.
  I would direct our attention, Madam Chair, to the poster that is to 
my left. This is a phony project that was sent by the Government 
Accounting Office to the Department of Energy for the purpose of 
determining whether or not the Department of Energy would actually 
certify this project. And yes, it is actually a feather duster that had 
been taped to a space heater. Unfortunately, the Department of Energy 
did certify this project for the Energy Star program.
  My amendment, the Bachmann amendment, would require the Inspector 
General's report be submitted by July 1, 2012. And as such, Congress 
would have the opportunity to reevaluate the programs in this act and 
correct them if necessary. Utilizing Congressional Budget Office 
estimates, this amendment could enable the effective oversight of over 
1.2 billion United States taxpayer dollars.
  Madam Chair, in order to improve government accountability and to 
restore a measure of fiscal integrity in Washington, I would urge my 
colleagues to join me in supporting this amendment.
  I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. I rise in support of the Bachmann 
amendment.
  The CHAIR. Without objection, the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. MARKEY of Massachusetts. I yield myself 2 minutes.
  Madam Chair, for nearly 20 years, the Energy Star program has been 
raising awareness about energy efficiency and helping consumers reduce 
their energy bills. And I share my colleague's astonishment at the 
March GAO report that showed how easy it was to obtain Energy Star 
certification for products that didn't even exist.
  We need to do all we can to restore the integrity of the Energy Star 
program. And I want to assure all of the Members that we have common 
cause in achieving that goal. But I also similarly want to assure all 
Members that no similar danger exists for waste and fraud in the Home 
Star program as opposed to the Energy Star program.
  First, only real, proven energy-saving technologies are included in 
Home Star. A group of technical experts provided extensive input to 
establish a specific list of Silver Star products. Second, in contrast 
to Energy Star, which relied on self-certification of products, self-
certification, the Home Star program uses an independent third-party 
quality assurance process to ensure that work is performed as promised.
  Finally, Home Star relies on a professional and certified workforce 
to install energy efficiency measures. Under Silver Star, contractors 
must be licensed, insured, and warranted. Under Gold Star, contractors 
must be certified by the Building Performance Institute and other 
reputable organizations. We must ensure that Home Star lives up to its 
promises.
  The CHAIR. The time of the gentleman has expired.
  Mr. MARKEY of Massachusetts. I yield myself 1 additional minute.
  I encourage my colleagues to defend the bill's quality assurance and 
certification provisions to guarantee that this program creates jobs 
and saves energy, as intended.
  I support the amendment of the gentlelady. I think it will add a 
reinforcement to a program which we have already constructed that 
ensures that the kind of fraud that might be found

[[Page 7445]]

in other kinds of programs are not in fact created in this program.
  I urge an ``aye'' vote on the amendment of the gentlelady.
  I reserve the balance of my time.
  Mrs. BACHMANN. I thank the gentleman from Massachusetts for his 
support of my amendment, and I appreciate that, and urge my colleagues 
also to support the amendment as well.
  I yield back the balance of my time.
  Mr. MARKEY of Massachusetts. I yield back the balance of my time and 
encourage Members to vote ``aye'' on the Bachmann amendment.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Minnesota (Mrs. Bachmann).
  The amendment was agreed to.


                       Announcement by the Chair

  The CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will now 
resume on those amendments printed in House Report 111-475 on which 
further proceedings were postponed, in the following order:
  Amendment No. 2 by Mr. Barton of Texas.
  Amendment No. 4 by Mr. Burgess of Texas.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


             Amendment No. 2 Offered by Mr. Barton of Texas

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Barton) on 
which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 180, 
noes 237, not voting 19, as follows:

                             [Roll No. 252]

                               AYES--180

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blunt
     Boccieri
     Boehner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Carney
     Carter
     Cassidy
     Chaffetz
     Chandler
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Edwards (TX)
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--237

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     Delahunt
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Matheson
     Matsui
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--19

     Barrett (SC)
     Blackburn
     Bonner
     Campbell
     Castle
     Davis (AL)
     DeGette
     Faleomavaega
     Guthrie
     Hoekstra
     Kennedy
     McCollum
     Melancon
     Mollohan
     Moran (VA)
     Obey
     Pitts
     Platts
     Wamp

                              {time}  1435

  Messrs. SPRATT, SALAZAR, CAPUANO, CONYERS, RUSH, YARMUTH, FATTAH, 
WILSON of Ohio, SCOTT of Georgia, RANGEL, BRALEY of Iowa, McNERNEY, 
ACKERMAN, PASCRELL, BUTTERFIELD, FARR, HODES, SCHRADER, CARNAHAN, 
BERMAN, KAGEN, CLEAVER, KUCINICH, PERRIELLO, OLVER, MARKEY of 
Massachusetts and Mrs. CAPPS, Ms. HARMAN, Ms. MOORE of Wisconsin, Ms. 
SLAUGHTER, Ms. TSONGAS and Ms. SPEIER changed their vote from ``aye'' 
to ``no.''
  Messrs. GALLEGLY, ALEXANDER, MANZULLO, GARY G. MILLER of California 
and BOEHNER and Ms. MARKEY of Colorado changed their vote from ``no'' 
to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                 Amendment No. 4 Offered by Mr. Burgess

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Burgess) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 190, 
noes 228, not voting 18, as follows:

[[Page 7446]]



                             [Roll No. 253]

                               AYES--190

     Aderholt
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Cardoza
     Carney
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costa
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Donnelly (IN)
     Dreier
     Duncan
     Edwards (TX)
     Ehlers
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Griffith
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kilroy
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Peters
     Petri
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sanchez, Loretta
     Scalise
     Schauer
     Schmidt
     Schock
     Schrader
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--228

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Butterfield
     Capps
     Capuano
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     Delahunt
     DeLauro
     Deutch
     Dicks
     Dingell
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Matheson
     Matsui
     McCarthy (NY)
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--18

     Akin
     Barrett (SC)
     Blackburn
     Bonner
     Brown, Corrine
     Campbell
     Davis (AL)
     DeGette
     Faleomavaega
     Guthrie
     Hoekstra
     Kennedy
     McCollum
     Melancon
     Mollohan
     Obey
     Pitts
     Wamp


                       Announcement by the Chair

  The CHAIR (during the vote). There are 2 minutes remaining in this 
vote.

                              {time}  1442

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIR. The question is on the committee amendment in the nature 
of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Serrano) having assumed the chair, Ms. Edwards of Maryland, Chair of 
the Committee of the Whole House on the state of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
5019) to provide for the establishment of the Home Star Retrofit Rebate 
Program, and for other purposes, pursuant to House Resolution 1329, she 
reported the bill back to the House with an amendment adopted in the 
Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. BARTON of Texas. Mr. Speaker, I have a motion to recommit at the 
desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. BARTON of Texas. Mr. Speaker, in its current form I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Barton of Texas moves to recommit the bill H.R. 5019 to 
     the Committee on Energy and Commerce with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Page 6, lines 3 through 6, strike paragraph (12) (and 
     redesignate the subsequent paragraphs accordingly).
       Page 11, line 24, through page 12, line 1, strike ``notice 
     of'' and all that follows through ``the amount'' and insert 
     ``notice of the amount''.
       Page 12, line 2, insert ``on the homeowner's behalf'' after 
     ``apply for''.
       Page 12, line 5, strike ``and''.
       Page 12, lines 6 and 7, strike subparagraph (B).
       Page 12, lines 8 and 12, redesignate paragraphs (6) and (7) 
     as paragraphs (7) and (8), respectively.
       Page 12, after line 7, insert the following new paragraph:
       (6) certifying that no employee has been convicted of, or 
     pleaded guilty to, a crime of child molestation, rape, or any 
     other form of sexual assault;
       Page 12, line 16, strike ``112'' and insert ``110''.
       Page 21, after line 10, insert the following new 
     subsection:
       (o) Income Threshold.--Homeowners with a gross annual 
     household income of more than $250,000 shall not be eligible 
     for a rebate under this title.
       Page 21, lines 14 through 16, strike ``to participating 
     contractors and vendors, to reimburse those contractors and 
     vendors for discounts provided to homeowners'' and insert 
     ``to homeowners to reimburse the homeowners for work provided 
     by participating contractors and vendors''.
       Page 25, lines 18 through 21, strike ``to participating 
     contractors and vendors, to reimburse them for discounts 
     provided to the owner of the home for the retrofit work'' and 
     insert ``to homeowners to reimburse the homeowners for work 
     provided by participating contractors and vendors''.
       Page 35, line 24, through page 36, line 1, strike ``, as a 
     function of the discount the contractor or vendor provides to 
     the homeowner for the installed measures,''.
       Page 39, lines 12 and 13, strike ``discount from a 
     contractor or vendor for which a rebate is provided under 
     subsection (a)'' and insert ``rebate''.

[[Page 7447]]

       Page 42, lines 6 through 8, strike ``to participating 
     accredited contractors and vendors, to reimburse them for 
     discounts provided to the owner of the home for the retrofit 
     work'' and insert ``to homeowners to reimburse the homeowners 
     for work provided by participating accredited contractors and 
     vendors''.
       Page 48, lines 2 and 3, strike ``discount from a contractor 
     or vendor for which a rebate is provided under this section'' 
     and insert ``rebate''.
       Page 49, lines 16 and 17, strike ``Secretary'' and all that 
     follows through ``may'' and insert ``Secretary may''.
       Page 49, lines 18 and 20, redesignate clauses (i) and (ii) 
     as subparagraphs (A) and (B), respectively.
       Page 49, line 22, strike ``; and'' and insert a period.
       Page 49, line 23, through page 50, line 3, strike 
     subparagraph (B).
       Page 50, after line 3, insert the following new subsection:
       (g) Exclusion.--For purposes of this section, energy 
     savings measures shall not include the installation or 
     replacement of pool heaters.
       Page 52, line 9, insert ``and'' after the semicolon.
       Page 52, line 11, strike ``and''.
       Page 52, lines 12 through 22, strike clause (iv).
       Page 53, line 16, strike ``112'' and insert ``110''.
       Page 58, lines 6 through 16, strike section 109.
       Page 58, line 17, redesignate section 110 as section 109.
       Page 59, line 7, through page 65, line 16, strike section 
     111.
       Page 65, line 17, redesignate section 112 as section 110.
       Page 65, line 19, strike ``subsection (j)'' and insert 
     ``subsection (i)''.
       Page 66, line 18, insert ``and'' after the semicolon.
       Page 66, lines 19 through 21, strike subparagraph (D).
       Page 66, line 22, redesignate subparagraph (E) as 
     subparagraph (D).
       Page 67, lines 1 through 3, strike paragraph (2).
       Page 67, line 4, redesignate paragraph (3) as paragraph 
     (2).
       Page 68, lines 3 and 9, redesignate paragraphs (4) and (5) 
     as paragraphs (3) and (4), respectively.
       Page 69, line 4, strike ``subsection (b)(3)(B)'' and insert 
     ``subsection (b)(2)(B)''.
       Page 70, lines 17 through 21, strike subsection (e) (and 
     redesignate the subsequent subsections accordingly).
       Page 71, line 1, strike ``subsections (b), (d), and (e)'' 
     and insert ``subsections (b) and (d)''.
       Page 71, lines 13 and 14, strike ``subsections (b), (d), 
     and (e)'' and insert ``subsections (b) and (d)''.
       Page 72, line 8, strike ``, 110, and 111'' and insert ``and 
     109''.
       Page 72, after line 13, insert the following new 
     subsection:
       (j) Administrative Expense Prohibition.--No funds provided 
     under this title shall be used for the purposes of conducting 
     travel to gambling or gaming establishments in connection 
     with official duties related to this title.
       At the end of the bill, add the following new title:

                     TITLE III--DEFICIT NEUTRALITY

     SEC. 301. SUNSET.

       The provisions of this Act shall be suspended and shall not 
     apply if this Act will have a negative net effect on the 
     national budget deficit of the United States.

  Mr. BARTON of Texas (during the reading). Mr. Speaker, I ask 
unanimous consent to dispense with the reading of the motion to 
recommit.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  Mr. WAXMAN. I object.
  The SPEAKER pro tempore. Objection is heard.
  Mr. WAXMAN. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  The Clerk will continue to read.
  The Clerk continued to read.

                              {time}  1445

  The SPEAKER pro tempore. The gentleman from Texas is recognized for 5 
minutes.
  Mr. BARTON of Texas. I thank the distinguished Speaker.
  Now that the Members know exactly what is in the motion to recommit--
I am sure you all listened to every word that the Clerk read--let me 
explain it in Texas terms very quickly before I yield to Mr. Latta.
  The first thing that the motion to recommit would do would be to 
sunset the legislation if it has a negative effect on the Federal 
budget deficit. Mr. Latta is going to speak about that in a second.
  It would change the rebate mechanism in the pending bill so that the 
money would go to the homeowner instead of to the contractor. We think 
this would be more efficient and less susceptible to fraud.
  It strikes the $12 million EPA public information campaign which was 
the purpose of the Burgess amendment which was defeated earlier.
  It strikes the $324 million Home Star energy efficiency loan program.
  It would exclude pool heaters from the Gold Star program. If people 
have enough money to have a home swimming pool in their backyard, they 
probably don't need a government program for a home swimming pool 
heater.
  It would disqualify participation by homeowners with a gross annual 
income of over $250,000. As President Obama has pointed out, if you 
make more than $250,000, you're doing pretty well.
  It would require qualified contractors to certify that no employee 
they employ has been convicted of a crime of child molestation, rape, 
or any other form of sexual assault.
  And, finally, it would prohibit any use of the Home Star funds for 
folks on government business traveling to areas where there are 
establishments for gaming.
  With that, I would yield to my good friend from Ohio (Mr. Latta) for 
him to talk a little more about his specific deficit reduction 
amendment.
  Mr. LATTA. I thank the gentleman for yielding.
  Mr. Speaker, I rise today in support of the motion to recommit for 
H.R. 5019. As I stated earlier during floor debate, I have very serious 
concerns that my amendment regarding deficit neutrality was not 
accepted through the rules process. The majority has not allowed the 
debate to occur regarding this budget deficit issue.
  This MTR will ensure that this act is sunsetted if the legislation 
has a negative net effect on the Federal budget deficit. I feel that if 
this new program is important enough to authorize, it should be 
important enough for us to find a way to pay for it. I am concerned 
that the majority could not give any assurance that this bill will 
indeed be paid for without increasing the deficit.
  While I support the incentives to help provide energy efficiency, I 
am very concerned about the $6.6 billion price tag of this legislation. 
At a time when we are in a national deficit crisis, it is not 
appropriate to add $6.6 billion in spending to the deficit. As a 
Congress, we absolutely must stop this excessive spending. President 
Obama submitted his administration's fiscal year 2011 budget proposal 
with a record-breaking cost of $3.8 trillion. This budget proposal 
includes a $2 trillion tax increase over the next 10 years, and 
projected record deficits. This proposal will double our Nation's debt 
in 5 years and triple it in 10 years from fiscal year 2008 levels. CBO 
has stated that under the current spending levels, by 2020, American 
taxpayers will be paying $2 billion per day in interest on the national 
debt. It also estimates that by 2020 the debt will be $20 trillion.
  This simply is not the time for a new $6.6 billion government 
program. That is why I offered the amendment to the legislation 
regarding the national deficit and why I urge you to support the motion 
to recommit. It ensures fiscal responsibility and ensures taxpayer 
dollars will be spent wisely.
  I urge a ``yes'' vote on the MTR.
  Mr. BARTON of Texas. Mr. Speaker, the substantive parts of the motion 
to recommit are pretty straightforward. It would sunset the legislation 
if there is a negative net effect on the Federal budget deficit. That 
is the Latta language that we have already spoken to.
  It would change the rebate mechanisms so that the rebates go to the 
homeowner and not to the contractor. This would limit fraud and abuse.
  It strikes the $12 million EPA public information campaign. As I 
pointed out in my floor statement, bees know where the honey is, bank 
robbers know where the bank is, teenage boys know where the teenage 
girls are, the public will know how to get this money.
  And finally, it strikes the Home Star energy efficiency loan program. 
We already have record defaults in the home mortgage industry. We don't 
need to be

[[Page 7448]]

leveraging that any bit more. With that, I would ask for a ``yes'' vote 
on the motion to recommit.
  I yield back the balance of my time.
  Mr. WAXMAN. Mr. Speaker, I withdraw my reservation, and I rise in 
opposition to the motion to recommit.
  The SPEAKER pro tempore. The reservation is withdrawn.
  The gentleman from California is recognized for 5 minutes.
  Mr. WAXMAN. Mr. Speaker and my colleagues, this bill is modeled on a 
law that worked. We called it the Cash for Clunkers bill. It encouraged 
people to buy cars. It produced more jobs. It produced energy 
efficiency as newer cars that were purchased were less polluting than 
the older ones. And the bill we have before us is one that is strongly 
supported by a coalition of the National Association of Manufacturers, 
the environmentalists and the Chamber of Commerce.
  So what does this motion to recommit do? It undermines the basic 
structure of the bill. It eliminates the rebates to contractors. It 
eliminates the loan program. It eliminates the public education 
campaign. It creates burdensome procedures for consumers to claim 
rebates, and it creates burdensome income thresholds as well.
  We have worked hand in hand with the contractors, the NAM, the 
Chamber, and others to craft this bill. This motion to recommit is a 
good thing to vote for if you are against the bill; but otherwise, it 
is filled with a lot of gimmicks. For example, it says no funds 
provided under this title shall be used for the purposes of conducting 
travel to gambling or gaming establishments in connection with official 
duties related to the title. What is that all about? It was just thrown 
in. It was never an issue that was raised in committee, in hearings. It 
was just thrown in there.
  If you believe that this bill makes sense because it will provide 
employment to construction workers, it will make homes more energy 
efficient, it will save families billions of dollars on their energy 
bill, if you think that is important, because the construction industry 
has the highest unemployment rate of any sector in the Nation, one in 
four are unemployed, stand with the Chamber, the NAM, your local 
hardware stores, your carpenters, your local contractors and 
businesses, and vote against this motion to recommit and vote for final 
passage.

                              {time}  1500

  Mr. Speaker, I would now like to yield to the gentleman from Vermont, 
the author of the legislation.
  Mr. BARTON of Texas. Would the gentleman yield briefly for an answer 
to his question?
  Mr. WAXMAN. I'm sorry. I do not have extra time.
  Mr. WELCH. Mr. Speaker, may I inquire as to how much time we have 
remaining.
  The SPEAKER pro tempore. The gentleman from California has 2\1/2\ 
minutes remaining.
  Mr. WELCH. Mr. Speaker, we have a common goal here, and that is to 
put the 25 percent of construction workers who are out of work back to 
work. Home Start helps them do that. It will help homeowners who want 
to save energy and save on their fuel bills to do that. This bill 
accomplishes that. And we want jobs in America. Mr. Speaker, 90 percent 
of all the materials that go into refitting and insulating homes are 
manufactured in the United States of America, a common goal. This is a 
good bill.
  Mr. Speaker, I want to acknowledge that it is a better bill because 
of the active contributions and participation of our colleagues on the 
other side. I can name numerous additions. Mr. Barton, thank you for 
the specific sunsets so that we can kick the tires after 2 years. Mr. 
Shadegg, electric tankless hot water heaters are in this bill because 
of you. Mr. Shimkus, geothermal heat pumps are a good idea that we 
incorporated into this bill. Mr. Buyer, you included a study so we can 
learn from the success of this program. And I want to thank, of course, 
Mr. Ehlers, who understands that less is more. The less energy we use, 
the better.
  The difficulty with this motion to recommit is all that good work 
that was done on your side to make this a better bill will kill the 
bill. It will impose enormous burdens on the homeowner. What makes 
sense here and why the former Governor of Michigan likes this so much 
is that it is simple. A homeowner who wants to retrofit, insulate his 
or her home, all they will have to do is go down to the contractor. 
They don't have to hassle with paperwork and with government. That's 
the reason why we designed it this way, to make it easy for people to 
use and contractors to use.
  We have a chance in this legislation to take a practical step to move 
to use less energy rather than more; and whether you're from a coal 
State, a nuclear State, a hydro State, that's a good thing. We have a 
chance to put folks who are out of work back to work. We have red 
districts and blue districts, but we've got carpenters and plumbers and 
heaters who are out of work in both districts. We share the goal of 
those folks going back to work. We've got manufacturers in this country 
that have capacity and that want to put people back to work in their 
communities. We can do it with this legislation.
  I urge a ``no'' vote on this motion to recommit and to take that step 
together in building this country and this economy.
  Mr. BLUMENAUER. Mr. Speaker, I will vote against the Motion to 
Recommit on the Home Star Energy Retrofit Act because it undermines the 
underlying legislation. The Home Star legislation will help homeowners, 
the environment, and the construction industry.
  This Motion to Recommit is a political ploy. It aims to solve 
problems that no one has shown exist. It brings up issues that were 
never raised in Committee or on the Floor during consideration of the 
bill.
  Specifically, this Motion removes provisions in the legislation that 
I strongly support, such as the energy efficiency loan program, which 
provides important tools for states to help consumers make energy 
efficiency upgrades.
  The Motion adds additional burdens for contractors who are performing 
the work, sowing doubt and confusion in the program. At a time when we 
are trying to stimulate the economy and create jobs, it doesn't make 
sense to add additional meaningless procedural hurdles. The authors of 
the Motion claim to be preventing money from being spent on child 
molesters and gambling. Money from this bill is not going to be spent 
on those items anyway. No one has demonstrated that is an issue we need 
to deal with. If so, there are already anti-fraud provisions in the 
underlying legislation that would prevent this type of activity. The 
Motion contains no enforcement mechanisms, so any additional 
prohibitions are meaningless.
  This Motion is another example of how the Republican leadership has 
chosen to work to score political points instead of taking seriously 
the challenges facing our country.
  Mr. WAXMAN. I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. BARTON of Texas. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--yeas 346, 
nays 68, not voting 16, as follows:

                             [Roll No. 254]

                               YEAS--346

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blunt
     Boccieri
     Boehner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Coble
     Coffman (CO)
     Cohen
     Cole

[[Page 7449]]


     Conaway
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Eshoo
     Etheridge
     Fallin
     Fattah
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (WA)
     Heinrich
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hodes
     Holden
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kaptur
     Kildee
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCotter
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Moore (KS)
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Olson
     Ortiz
     Owens
     Pastor (AZ)
     Paul
     Paulsen
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (WI)
     Salazar
     Sarbanes
     Scalise
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stearns
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Tonko
     Tsongas
     Turner
     Upton
     Van Hollen
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Weiner
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--68

     Andrews
     Baird
     Baldwin
     Becerra
     Berkley
     Berman
     Blumenauer
     Capps
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Conyers
     Davis (IL)
     Delahunt
     Dingell
     Engel
     Farr
     Filner
     Frank (MA)
     Fudge
     Grijalva
     Hastings (FL)
     Heller
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hoyer
     Kanjorski
     Kilpatrick (MI)
     Lee (CA)
     Markey (MA)
     McDermott
     Michaud
     Moore (WI)
     Moran (VA)
     Nadler (NY)
     Napolitano
     Oberstar
     Olver
     Pallone
     Pascrell
     Payne
     Pingree (ME)
     Reyes
     Rothman (NJ)
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Schakowsky
     Scott (VA)
     Sires
     Stark
     Stupak
     Thompson (MS)
     Titus
     Towns
     Velazquez
     Waters
     Watson
     Watt
     Waxman
     Welch
     Woolsey

                             NOT VOTING--16

     Barrett (SC)
     Blackburn
     Bonner
     Brown, Corrine
     Campbell
     Davis (AL)
     DeGette
     Guthrie
     Hoekstra
     Kennedy
     McCollum
     Melancon
     Mollohan
     Obey
     Pitts
     Wamp


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1537

  Messrs. HOLDEN, POMEROY, ROSS, COURTNEY, Ms. ZOE LOFGREN of 
California, Messrs. MATHESON, PASTOR, Mrs. HALVORSON, Messrs. SCHIFF, 
WALZ, LYNCH, BARROW, HARE, Ms. HARMAN, Messrs. WEINER, HEINRICH, 
PETERSON, DeFAZIO, ETHERIDGE, HODES, POLIS, Ms. SPEIER, Messrs. SMITH 
of Washington, MEEK of Florida, RAHALL, DRIEHAUS, SALAZAR, COSTELLO, 
Ms. MARKEY of Colorado, Ms. DeLAURO, Messrs. CARDOZA, MOORE of Kansas, 
WU, LIPINSKI, RODRIGUEZ, Mrs. DAHLKEMPER, Mr. DICKS, Ms. SLAUGHTER, Mr. 
QUIGLEY, Ms. KILROY, Messrs. SERRANO, KISSELL, PERLMUTTER, HIMES, BACA, 
Ms. EDDIE BERNICE JOHNSON of Texas, Mr. YARMUTH, Mrs. MALONEY, Messrs. 
SPRATT, KIND, Ms. SUTTON, Mr. KAGEN, Ms. KAPTUR, Mr. BOUCHER, Mrs. 
DAVIS of California, Messrs. MEEKS of New York, LEVIN, TANNER, GORDON 
of Tennessee, VISCLOSKY, LARSEN of Washington, PRICE of North Carolina, 
KLEIN of Florida, LANGEVIN, McGOVERN, CAPUANO, Mrs. McCARTHY of New 
York, Mr. CARNAHAN, Ms. WASSERMAN SCHULTZ, Messrs. MILLER of North 
Carolina, WILSON of Ohio, NEAL, TONKO, LARSON of Connecticut, Ms. 
SCHWARTZ, Messrs. LUJAN, PATRICK J. MURPHY of Pennsylvania, HIGGINS, 
KUCINICH, ISRAEL, CUELLAR, BISHOP of New York, Ms. BEAN, Messrs. HALL 
of New York, AL GREEN of Texas, COOPER, RUPPERSBERGER, DEUTCH, BRALEY 
of Iowa, BOSWELL, VAN HOLLEN, BERRY, ORTIZ, FATTAH, CARSON of Indiana, 
SCOTT of Georgia, MURPHY of Connecticut, LOEBSACK, BISHOP of Georgia, 
GONZALEZ, DOYLE, BRADY of Pennsylvania, Mrs. LOWEY, Messrs. GARAMENDI, 
TIERNEY, ELLISON, KILDEE, BUTTERFIELD, CUMMINGS, Ms. MATSUI, Mr. 
JACKSON of Illinois, Ms. CASTOR of Florida, Mr. THOMPSON of California, 
Ms. TSONGAS, Mr. SESTAK, Ms. JACKSON LEE of Texas, Messrs. JOHNSON of 
Georgia, SHERMAN, INSLEE, GEORGE MILLER of California, Ms. EDWARDS of 
Maryland, Messrs. DOGGETT, LEWIS of Georgia, Ms. ROYBAL-ALLARD, Messrs. 
GUTIERREZ, SNYDER, CROWLEY, ACKERMAN, Ms. ESHOO, Mr. COHEN, Ms. 
RICHARDSON, Messrs. GENE GREEN of Texas, RANGEL, SARBANES, and GRAYSON 
changed their vote from ``nay'' to ``yea.''
  Messrs. CONYERS and PALLONE changed their vote from ``yea'' to 
``nay.''
  So the motion to recommit was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Mr. WAXMAN. Mr. Speaker, pursuant to the instructions of the House in 
the motion to recommit, I report the bill, H.R. 5019, back to the House 
with an amendment.
  The SPEAKER pro tempore (Mr. Jackson of Illinois). The Clerk will 
report the amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Waxman:
       Page 6, lines 3 through 6, strike paragraph (12) (and 
     redesignate the subsequent paragraphs accordingly).
       Page 11, line 24, through page 12, line 1, strike ``notice 
     of'' and all that follows through ``the amount'' and insert 
     ``notice of the amount''.
       Page 12, line 2, insert ``on the homeowner's behalf'' after 
     ``apply for''.
       Page 12, line 5, strike ``and''.
       Page 12, lines 6 and 7, strike subparagraph (B).
       Page 12, lines 8 and 12, redesignate paragraphs (6) and (7) 
     as paragraphs (7) and (8), respectively.
       Page 12, after line 7, insert the following new paragraph:
       (6) certifying that no employee has been convicted of, or 
     pleaded guilty to, a crime of child molestation, rape, or any 
     other form of sexual assault;
       Page 12, line 16, strike ``112'' and insert ``110''.
       Page 21, after line 10, insert the following new 
     subsection:
       (o) Income Threshold.--Homeowners with a gross annual 
     household income of more than $250,000 shall not be eligible 
     for a rebate under this title.
       Page 21, lines 14 through 16, strike ``to participating 
     contractors and vendors, to reimburse those contractors and 
     vendors for discounts provided to homeowners'' and insert 
     ``to homeowners to reimburse the homeowners for work provided 
     by participating contractors and vendors''.
       Page 25, lines 18 through 21, strike ``to participating 
     contractors and vendors, to reimburse them for discounts 
     provided to the

[[Page 7450]]

     owner of the home for the retrofit work'' and insert ``to 
     homeowners to reimburse the homeowners for work provided by 
     participating contractors and vendors''.
       Page 35, line 24, through page 36, line 1, strike ``, as a 
     function of the discount the contractor or vendor provides to 
     the homeowner for the installed measures,''.
       Page 39, lines 12 and 13, strike ``discount from a 
     contractor or vendor for which a rebate is provided under 
     subsection (a)'' and insert ``rebate''.
       Page 42, lines 6 through 8, strike ``to participating 
     accredited contractors and vendors, to reimburse them for 
     discounts provided to the owner of the home for the retrofit 
     work'' and insert ``to homeowners to reimburse the homeowners 
     for work provided by participating accredited contractors and 
     vendors''.
       Page 48, lines 2 and 3, strike ``discount from a contractor 
     or vendor for which a rebate is provided under this section'' 
     and insert ``rebate''.
       Page 49, lines 16 and 17, strike ``Secretary'' and all that 
     follows through ``may'' and insert ``Secretary may''.
       Page 49, lines 18 and 20, redesignate clauses (i) and (ii) 
     as subparagraphs (A) and (B), respectively.
       Page 49, line 22, strike ``; and'' and insert a period.
       Page 49, line 23, through page 50, line 3, strike 
     subparagraph (B).
       Page 50, after line 3, insert the following new subsection:
       (g) Exclusion.--For purposes of this section, energy 
     savings measures shall not include the installation or 
     replacement of pool heaters.
       Page 52, line 9, insert ``and'' after the semicolon.
       Page 52, line 11, strike ``and''.
       Page 52, lines 12 through 22, strike clause (iv).
       Page 53, line 16, strike ``112'' and insert ``110''.
       Page 58, lines 6 through 16, strike section 109.
       Page 58, line 17, redesignate section 110 as section 109.
       Page 59, line 7, through page 65, line 16, strike section 
     111.
       Page 65, line 17, redesignate section 112 as section 110.
       Page 65, line 19, strike ``subsection (j)'' and insert 
     ``subsection (i)''.
       Page 66, line 18, insert ``and'' after the semicolon.
       Page 66, lines 19 through 21, strike subparagraph (D).
       Page 66, line 22, redesignate subparagraph (E) as 
     subparagraph (D).
       Page 67, lines 1 through 3, strike paragraph (2).
       Page 67, line 4, redesignate paragraph (3) as paragraph 
     (2).
       Page 68, lines 3 and 9, redesignate paragraphs (4) and (5) 
     as paragraphs (3) and (4), respectively.
       Page 69, line 4, strike ``subsection (b)(3)(B)'' and insert 
     ``subsection (b)(2)(B)''.
       Page 70, lines 17 through 21, strike subsection (e) (and 
     redesignate the subsequent subsections accordingly).
       Page 71, line 1, strike ``subsections (b), (d), and (e)'' 
     and insert ``subsections (b) and (d)''.
       Page 71, lines 13 and 14, strike ``subsections (b), (d), 
     and (e)'' and insert ``subsections (b) and (d)''.
       Page 72, line 8, strike ``, 110, and 111'' and insert ``and 
     109''.
       Page 72, after line 13, insert the following new 
     subsection:
       (j) Administrative Expense Prohibition.--No funds provided 
     under this title shall be used for the purposes of conducting 
     travel to gambling or gaming establishments in connection 
     with official duties related to this title.
       At the end of the bill, add the following new title:

                     TITLE III--DEFICIT NEUTRALITY

     SEC. 301. SUNSET.

       The provisions of this Act shall be suspended and shall not 
     apply if this Act will have a negative net effect on the 
     national budget deficit of the United States.

  Mr. WAXMAN (during the reading). I ask unanimous consent that the 
amendment be considered as read.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. WAXMAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 246, 
nays 161, not voting 23, as follows:

                             [Roll No. 255]

                               YEAS--246

     Ackerman
     Adler (NJ)
     Altmire
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[[Page 7451]]


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                             NOT VOTING--23

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     Blackburn
     Blumenauer
     Bonner
     Boyd
     Brown, Corrine
     Campbell
     Davis (AL)
     DeGette
     Delahunt
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     McCollum
     Melancon
     Mollohan
     Obey
     Pitts
     Wamp
     Whitfield


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Jackson of Illinois) (during the vote). 
There are 2 minutes remaining in this vote.

                              {time}  1544

  Mr. BOREN changed his vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________