text: SECTION 1. INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE 
                PROGRAM.
  
      (a) Specific Appropriation or Contribution.--Section 1702 of the 
  Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--
              (1) by striking subsection (b) and inserting the following:
      ``(b) Specific Appropriation or Contribution.--
              ``(1) In general.--No guarantee shall be made unless--
                      ``(A) an appropriation for the cost of the 
                  guarantee has been made;
                      ``(B) the Secretary has received from the borrower 
                  a payment in full for the cost of the guarantee and 
                  deposited the payment into the Treasury; or
                      ``(C) a combination of appropriations under 
                  subparagraph (A) or payments from the borrower under 
                  subparagraph (B) has been made that is sufficient to 
                  cover the cost of the guarantee.
              ``(2) Limitation.--The source of payments received from a 
          borrower under subparagraph (B) or (C) of paragraph (1) shall 
          not be a loan or other debt obligation that is made or 
          guaranteed by the Federal Government.''; and
              (2) by adding at the end the following:
      ``(l) Credit Report.--If, in the opinion of the Secretary, a third-
  party credit rating of the applicant or project is not relevant to the 
  determination of the credit risk of a project, if the project costs are 
  not projected to exceed $100,000,000, and the applicant agrees to 
  accept the credit rating assigned to the applicant by the Secretary, 
  the Secretary may waive any otherwise applicable requirement (including 
  any requirement described in part 609 of title 10, Code of Federal 
  Regulations) to provide a third-party credit report.
      ``(m) Direct Hire Authority.--
              ``(1) In general.--Notwithstanding sections 3304 and 
          sections 3309 through 3318 of title 5, United States Code, the 
          head of the loan guarantee program under this title (referred 
          to in this subsection as the `Executive Director') may, on a 
          determination that there is a severe shortage of candidates or 
          a severe hiring need for particular positions to carry out the 
          functions of this title, recruit and directly appoint highly 
          qualified critical personnel with specialized knowledge 
          important to the function of the programs under this title into 
          the competitive service.
              ``(2) Exception.--The authority granted under paragraph (1) 
          shall not apply to positions in the excepted service or the 
          Senior Executive Service.
              ``(3) Requirements.--In exercising the authority granted 
          under paragraph (1), the Executive Director shall ensure that 
          any action taken by the Executive Director--
                      ``(A) is consistent with the merit principles of 
                  section 2301 of title 5, United States Code; and
                      ``(B) complies with the public notice requirements 
                  of section 3327 of title 5, United States Code.
              ``(4) Sunset.--The authority provided under paragraph (1) 
          shall terminate on September 30, 2011.
      ``(n) Professional Advisors.--The Secretary may--
              ``(1) retain agents and legal and other professional 
          advisors in connection with guarantees and related activities 
          authorized under this title;
              ``(2) require applicants for and recipients of loan 
          guarantees to pay all fees and expenses of the agents and 
          advisors; and
              ``(3) notwithstanding any other provision of law, select 
          such advisors in such manner and using such procedures as the 
          Secretary determines to be appropriate to protect the interests 
          of the United States and achieve the purposes of this title.
      ``(o) Multiple Sites.--Notwithstanding any contrary requirement 
  (including any provision under part 609.12 of title 10, Code of Federal 
  Regulations) an eligible project may be located on 2 or more non-
  contiguous sites in the United States.''.
      (b) Applications for Multiple Eligible Projects.--Section 1705 of 
  the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
              (1) by redesignating subsection (e) as subsection (f); and
              (2) by inserting after subsection (d) the following:
      ``(e) Multiple Applications.--Notwithstanding any contrary 
  requirement (including any provision under part 609.3(a) of title 10, 
  Code of Federal Regulations), a project applicant or sponsor of an 
  eligible project may submit an application for more than 1 eligible 
  project under this section.''.
      (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the 
  Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at 
  the end the following:
              ``(4) Energy efficiency projects, including projects to 
          retrofit residential, commercial, and industrial buildings, 
          facilities, and equipment.''.
      (d) Fees; Professional Advisors.--Section 136 of the Energy 
  Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
              (1) by striking subsection (f) and inserting the following:
      ``(f) Fees.--Except as otherwise permitted under subsection (i), 
  administrative costs shall be not more than $100,000 or 10 basis points 
  of the loan.'';
              (2) by redesignating subsections (i) and (j) as subsections 
          (j) and (k), respectively; and
              (3) by inserting after subsection (h) the end the 
          following:
      ``(i) Professional Advisors.--The Secretary may--
              ``(1) retain agents and legal and other professional 
          advisors in connection with guarantees and related activities 
          authorized under this section;
              ``(2) require applicants for and recipients of loan 
          guarantees to pay directly, or through the payment of fees to 
          the Secretary, all fees and expenses of the agents and 
          advisors; and
              ``(3) notwithstanding any other provision of law, select 
          such advisors in such manner and using such procedures as the 
          Secretary determines to be appropriate to protect the interests 
          of the United States and achieve the purposes of this 
          section.''.
target: Amends the Energy Policy Act of 2005 (EPA) to prohibit federal loan guarantees for innovative technologies unless: (1) an appropriation for the cost of the guarantee has been made; (2) the Secretary of Energy (DOE) has received and deposited into the Treasury payment in full from the borrower for the cost of the guarantee; or (3) a combination of appropriations or payments from the borrower has been made that is sufficient to cover the cost of the guarantee.
  
  Authorizes the Secretary to waive requirements to provide a third-party credit report if: (1) such report, in the Secretary's opinion, is not relevant to the determination of the credit risk of a project; (2) the project costs are not projected to exceed $100 million; and (3) the applicant agrees to accept the credit rating the Secretary assigns.
  
  Authorizes the head of the loan guarantee program, if there is either a severe shortage of candidates or a severe hiring need for particular positions, to recruit and directly appoint into the competitive service highly qualified critical personnel with specialized knowledge important to program functions (direct hire authority).
  
  Amends the EPA and the Energy Independence and Security Act of 2007 to authorize the Secretary to: (1) retain agents and professional advisors in connection with guarantees and related activities; and (2) require loan guarantee applicants and recipients to pay all fees and expenses of such agents and advisors.
  
  Authorizes the Secretary to make energy efficiency loan guarantees for projects starting construction by September 30, 2011, to retrofit residential, commercial, and industrial buildings, facilities, and equipment.
feat_title: A bill to amend the Energy Policy Act of 2005 to improve the loan guarantee program of the Department of Energy under title XVII of that Act.