		II
		111th CONGRESS
		2d Session
		S. 3079
		IN THE SENATE OF THE UNITED STATES

			March 4, 2010
			Mr. Merkley (for
			 himself, Mr. Pryor,
			 Mr. Brown of Ohio,
			 Ms. Stabenow, Mr. Sanders, and Mr.
			 Cardin) introduced the following bill; which was read twice and
			 referred to the Committee on Energy and
			 Natural Resources

		A BILL
		To assist in the creation of new jobs by providing
		  financial incentives for owners of commercial buildings and multifamily
		  residential buildings to retrofit their buildings with energy efficient
		  building equipment and materials, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Building Star Energy Efficiency Act of
			 2010.
		2.DefinitionsIn this Act:
			(1)ASHRAEThe
			 term ASHRAE means the American Society of Heating, Refrigerating
			 and Air-Conditioning Engineers.
			(2)Building
			 envelope insulationThe term building envelope
			 insulation means thermal insulation for a building envelope (other than
			 a low slope roof), as defined in ASHRAE Standard 90.1–2007 or 2009 IECC, as
			 appropriate.
			(3)Chiller tonnage
			 downsizingThe term chiller tonnage downsizing means
			 the quantity by which the tonnage rating of a replaced chiller exceeds the
			 tonnage rating of a qualified replacement chiller.
			(4)Climate
			 zoneThe term climate zone means a climate zone
			 specified in ASHRAE Standard 90.1–2007.
			(5)Commercial
			 building
				(A)In
			 generalThe term commercial building means a
			 building that—
					(i)is
			 located in the United States; and
					(ii)was in existence
			 on December 31, 2009.
					(B)ExclusionsThe
			 term commercial building does not include—
					(i)a
			 federally owned building; or
					(ii)a
			 residential building.
					(6)DuctThe
			 term duct means HVAC ducts with respect to which pressure testing
			 has been performed and, if necessary, leakage remediated, in accordance with
			 sections 503.2.7.1.2 and 503.2.7.1.3 of the 2009 IECC.
			(7)Duct
			 insulationThe term duct insulation means thermal
			 insulation of a HVAC duct.
			(8)HVACThe
			 term HVAC means heating, ventilation, and air conditioning.
			(9)IECCThe
			 term IECC means the International Energy Conservation Code.
			(10)Mechanical
			 insulationThe term mechanical insulation means
			 thermal insulation installed, in accordance with applicable Federal, State, and
			 local law, on mechanical piping and mechanical equipment.
			(11)Multifamily
			 residential building
				(A)In
			 generalThe term multifamily residential building
			 means a structure of 5 or more dwelling units that—
					(i)is
			 located in the United States; and
					(ii)was in existence
			 on December 31, 2009.
					(B)ExclusionThe
			 term multifamily residential building does not include a federally
			 owned building.
				(12)NFRCThe
			 term NFRC means the National Fenestration Rating Council.
			(13)ProgramThe
			 term program means the Building Star Energy Efficiency Rebate
			 Program of 2010 established under section 3.
			(14)Qualified
			 boilerThe term qualified boiler means a new natural
			 gas-fired, oil-fired, or wood or wood pellet boiler that—
				(A)has a capacity of
			 not less than 300,000, and not more than 5,000,000, Btu per hour;
				(B)replaces an
			 operational boiler in a commercial building or multifamily residential
			 building; and
				(C)meets or
			 exceeds—
					(i)in
			 the case of a natural gas-fired boiler, 90 percent thermal efficiency;
					(ii)in
			 the case of an oil-fired boiler, 85 percent thermal efficiency; and
					(iii)in the case of
			 a wood or wood pellet boiler, 75 percent thermal efficiency.
					(15)Qualified
			 building envelope insulationThe term qualified building
			 envelope insulation means the installation or repair of building
			 envelope insulation to meet or exceed ASHRAE Standard 90.1–2007 or 2009 IECC in
			 a commercial building or multifamily residential building.
			(16)Qualified
			 energy auditThe term qualified energy audit means
			 an ASHRAE Level II energy audit or equivalent of a commercial building or
			 multifamily residential building that is designed to identify all
			 cost-effective energy efficiency measures.
			(17)Qualified
			 energy-efficient building operation and maintenance trainingThe
			 term qualified energy-efficient building operation and maintenance
			 training means—
				(A)the training of a
			 superintendent or operator of a commercial building or multifamily residential
			 building; and
				(B)resultant—
					(i)Level 1 or Level
			 2 Building Operator Certification for commercial building operators; or
					(ii)certification as
			 a Multifamily Building Operator by the Building Performance Institute for
			 residential building operators.
					(18)Qualified
			 energy monitoring and management systemThe term qualified
			 energy monitoring and management system means a system that—
				(A)is installed in a
			 commercial building or multifamily residential building;
				(B)uses a
			 combination of computers, computer software, control equipment, and
			 instrumentation to monitor and manage or submeter the energy use of a building,
			 such as heating, ventilation, air conditioning, and lighting;
				(C)provides
			 reporting of information to the building owner or operator to enable refinement
			 of building operation and energy usage; and
				(D)is covered by a
			 service contract with a duration of not less than 1 year for system monitoring
			 or maintenance, including all maintenance recommended by the equipment
			 manufacturer.
				(19)Qualified
			 exterior lightingThe term qualified exterior
			 lighting means exterior lighting that—
				(A)replaces
			 operational exterior lighting at a commercial building or multifamily
			 residential building; and
				(B)achieves a
			 reduction of 20 percent or more in annual energy use as compared to the
			 lighting that was replaced, as determined in accordance with section
			 3(c)(7)(B).
				(20)Qualified
			 furnaceThe term qualified furnace means a new
			 natural gas furnace or a wood or wood pellet furnace that—
				(A)replaces an
			 operational furnace in a commercial building or multifamily residential
			 building;
				(B)in the case of
			 natural gas, meets or exceeds 90 percent thermal efficiency; and
				(C)in the case of a
			 wood or wood pellet furnace, meets or exceeds 75 percent thermal
			 efficiency.
				(21)Qualified
			 high-efficiency window films and screensThe term qualified
			 high-efficiency window films and screens means window films and screens
			 that—
				(A)are permanently
			 affixed to windows or window frames in a commercial building or multifamily
			 residential building;
				(B)have a Luminous
			 Efficacy (which is Visible Light Transmittance, as certified to NRFC standards
			 divided by SHGC) of 1.1 or greater; and
				(C)have a SHGC that
			 meets or is better than the applicable requirements of the following table (as
			 certified to NFRC standards):

								Climate Zones12345678

								SHGC.25.25.25.40.40.40.45.45.

				(22)Qualified HVAC
			 testing, balancing, and duct sealingThe term qualified
			 HVAC testing, balancing, and duct sealing means work performed in a
			 commercial building or multifamily residential building by individuals with an
			 ANSI-accredited certification in HVAC testing—
				(A)to pressure-test
			 HVAC ducts;
				(B)to balance air
			 flow; and
				(C)to identify all
			 leaking ducts and remediate the leakage to the appropriate leakage class, in
			 accordance with sections 503.2.7.1.2 and 503.2.7.1.3 of the 2009 IECC.
				(23)Qualified
			 interior lightingThe term qualified interior
			 lighting means new interior lighting that—
				(A)replaces
			 operational interior lighting in a commercial building or multifamily
			 residential building; and
				(B)achieves an
			 installed power reduction of 25 percent or more as compared to the installed
			 power of the lighting that was replaced, as determined in accordance with
			 section 3(c)(6)(B).
				(24)Qualified low
			 slope roof insulationThe term qualified low slope roof
			 insulation means a retrofit that—
				(A)adds new
			 insulation to a roof on a commercial building or multifamily residential
			 building if the roof insulation is entirely above deck, as defined in ASHRAE
			 Standard 90.1–2007 or 2009 IECC; and
				(B)meets or exceeds
			 the R-values for the applicable climate zone in the following table:

								Climate Zones12345678

								R-Value2025252525303535.

				(25)Qualified
			 mechanical insulationThe term qualified mechanical
			 insulation means the installation or repair of mechanical or duct
			 insulation to meet or exceed ASHRAE Standard 90.1–2007 or 2009 IECC in a
			 commercial building or multifamily residential building.
			(26)Qualified
			 replacement chillerThe term qualified replacement
			 chiller means a water-cooled chiller that—
				(A)is certified to
			 meet efficiency standards effective on January 1, 2010, as defined in table
			 6.8.1c in Addendum M to Standard 90.1–2007 of ASHRAE; and
				(B)replaces a
			 chiller that—
					(i)was
			 installed before January 1, 1993;
					(ii)uses
			 chlorofluorocarbon refrigerant; and
					(iii)until replaced
			 by a new chiller, has remained in operation and used for cooling a commercial
			 building.
					(27)Qualified
			 retro commissioning studyThe term qualified retro
			 commissioning study means a commissioning study of building energy
			 systems that is—
				(A)conducted
			 consistent with the guidelines in the Retro Commissioning Guide for Building
			 Owners prepared for—
					(i)the
			 Environmental Protection Agency; or
					(ii)the document
			 entitled California Commissioning Guide: Existing Buildings
			 published by the California Commissioning Collaborative; and
					(B)performed by a
			 service provider with—
					(i)an ASHRAE
			 Commissioning Process Management Professional certification; or
					(ii)a Building
			 Commissioning Association Certified Commissioning Professional
			 certification.
					(28)Qualified
			 service on cooling systems
				(A)In
			 generalThe term qualified service on cooling
			 systems means periodic maintenance service on a central air conditioner
			 that—
					(i)is
			 located in a commercial building or multifamily residential building;
			 and
					(ii)has a capacity
			 of not less than 2 tons.
					(B)InclusionsThe
			 term qualified service on cooling systems includes—
					(i)a
			 cleaning of a condenser coil;
					(ii)a
			 check of system pressure;
					(iii)an inspection
			 and replacement of a filter;
					(iv)an
			 inspection and replacement of a belt;
					(v)an
			 inspection and repair of an economizer;
					(vi)an
			 inspection of a contractor;
					(vii)an inspection
			 of an evaporator;
					(viii)an evaluation
			 of a compressor ampere draw;
					(ix)an
			 evaluation of supply motor amp draw;
					(x)an
			 evaluation of a condenser fan amp draw;
					(xi)an
			 evaluation of liquid line temperature;
					(xii)an evaluation
			 of suction pressure and temperature;
					(xiii)an evaluation
			 of oil level and pressure;
					(xiv)an inspection
			 of low pressure controls and high pressure controls;
					(xv)an
			 evaluation of crankcase heater operation;
					(xvi)a
			 cleaning of chiller condenser tubes;
					(xvii)a cleaning of
			 chiller evaporator tubes; or
					(xviii)a check, and
			 if necessary, correction of a refrigerant charge and system airflow to conform
			 to manufacturer specifications.
					(29)Qualified
			 service on space heating equipment
				(A)In
			 generalThe term qualified service on space heating
			 equipment means the periodic maintenance service on a boiler, unit
			 heaters make-up air unit, heat pump, furnace, or industrial space heating
			 equipment with forced or induced draft combustion that is located in a
			 commercial or multifamily residential building.
				(B)InclusionsThe
			 term qualified service on space heating equipment includes—
					(i)cleaning all heat
			 exchange surfaces and checking and calibrating all system controls; and
					(ii)combustion
			 efficiency tests and stack temperature measurements conducted before and after
			 the service.
					(30)Qualified
			 unitary air conditionerThe term qualified unitary air
			 conditioner means a new 3 phase unitary air conditioner that—
				(A)replaces an
			 operational air conditioner or heat pump in a commercial building or
			 multifamily residential building; and
				(B)meets or exceeds
			 Consortium for Energy Efficiency Tier 1 efficiency standards as in effect on
			 January 1, 2010.
				(31)Qualified
			 unitary heat pumpThe term qualified unitary heat
			 pump means a new 3 phase unitary heat pump that—
				(A)replaces an
			 operational air conditioner or heat pump in a commercial building or
			 multifamily residential building; and
				(B)meets or exceeds
			 Consortium for Energy Efficiency Tier 1 level of efficiency as in effect on
			 January 1, 2010.
				(32)Qualified
			 variable speed driveThe term qualified variable speed
			 drive means a new electronic variable speed drive that—
				(A)is added to an
			 operational motor in a—
					(i)chilled water
			 pump;
					(ii)cooling tower
			 fan;
					(iii)fume hood
			 exhaust or makeup fan;
					(iv)hot water
			 pump;
					(v)exhaust
			 fan;
					(vi)chiller
			 compressor; or
					(vii)supply, return,
			 or exhaust fan on a variable-air volume unit that is located in a commercial
			 building or multifamily residential building and operates not less than 2,000
			 hours annually;
					(B)is controlled
			 automatically by a building automation system, process control system, or local
			 controller driven by differential pressure, flow, temperature, or another
			 variable signal; and
				(C)incorporates a
			 series reactor for power factor correction.
				(33)Qualified
			 water heaterThe term qualified water heater means a
			 new natural gas or electric storage water heater with a capacity of 75,000
			 Btu/hour or greater, or a tankless water heater with a capacity of 200,000
			 Btu/hour or greater, that replaces an operational water heater in a commercial
			 building or multifamily residential building and meets or exceeds—
				(A)in the case of a
			 natural gas water heater, 90 percent thermal efficiency;
				(B)in the case of an
			 electric water heater—
					(i)a
			 2.5 Coefficient of Performance; or
					(ii)a
			 2.0 Energy Factor; and
					(C)in the case of a
			 wood or wood pellet water heater, 75 percent thermal efficiency.
				(34)SecretaryThe
			 term Secretary means the Secretary of Energy.
			(35)SHGCThe
			 term SHGC means the Solar Heat Gain Coefficient.
			(36)Tier 1
			 qualified windowThe term tier 1 qualified window
			 means a new window that—
				(A)replaces an
			 existing window in a commercial building or multifamily residential building;
			 and
				(B)meets or is
			 better than—
					(i)the
			 applicable U-factor and SHGC requirements (both certified to NFRC standards) in
			 the following table:

									Climate Zones12345678

									U-Factor.57.57.40.35.35.35.35.35

									SHGC.25.25.25.40.40.40.45.45

						; and(ii)in
			 the case of a window with impact-rated glazing in climate zone 1, a U-factor of
			 1.20.
					(37)Tier 2
			 qualified windowThe term tier 2 qualified window
			 means a new window that—
				(A)replaces an
			 existing window in a commercial building or multifamily residential building;
			 and
				(B)meets or is
			 better than—
					(i)the
			 applicable U-factor and SHGC requirements (both certified to NFRC standards) in
			 the following table:

									Climate Zones12345678

									U-Factor.32.32.30.30.30.30.30.30

									SHGC.25.25.25.26.26.35.45.45

						; and(ii)in
			 the case of a window with impact-rated glazing in climate zone 1, a U-factor of
			 1.20.
					3.Building Star
			 program
			(a)EstablishmentThere
			 is established in the Department of Energy a program to be known as the
			 Building Star Energy Efficiency Rebate Program of 2010 under
			 which the Secretary, in accordance with this section, shall issue rebates to
			 building owners to offset a portion of the cost of purchasing and installing
			 qualifying equipment or materials or undertaking qualifying services to enhance
			 the energy efficiency of existing commercial buildings and multifamily
			 residential buildings.
			(b)Rebates for
			 building envelope energy efficiency measuresRebates for the
			 purchase and installation of qualifying insulation, windows, and qualified
			 high-efficiency window films and screens in commercial or multifamily
			 residential buildings shall be available in the following amounts:
				(1)Building
			 envelope insulationFor qualified building envelope insulation, a
			 rebate of $0.60 per square foot of insulated area.
				(2)Low slope
			 roofing insulationFor qualified low slope roofing insulation, a
			 rebate of $0.80 per square foot of insulated roof area over conditioned
			 space.
				(3)Mechanical
			 insulationFor qualified mechanical insulation, rebates shall be
			 the amounts specified in the following table:

								Piping and Equipment ApplicationsRebate

								2" Iron Pipe Size and below$2.50 per equivalent
					 lineal foot

								2" to 12" Iron Pipe Size$5.00 per equivalent
					 lineal foot

								Above 12" Iron Pipe Size and equipment$5.00 per
					 square foot

								HVAC Duct Applications$1.00 per square
					 foot.

				(4)Windows
					(A)Tier 1
			 qualified windowsFor Tier 1 qualified windows, a rebate of $150
			 per window.
					(B)Tier 2
			 qualified windowsFor Tier 2 qualified windows, a rebate of $300
			 per window.
					(5)High-efficiency
			 window films and screensFor qualified high-efficiency window
			 films and screens, a rebate of $1.00 per square foot of treated glass enclosing
			 a mechanically conditioned space.
				(c)Rebates for
			 eligible equipment installationRebates for the purchase and
			 installation of qualifying new energy efficient equipment in commercial
			 buildings or multifamily residential buildings shall be available in the
			 following amounts:
				(1)BoilersFor
			 qualified boilers, rebates shall be the amounts specified in the following
			 table:

								Boiler FuelRebate

								Natural Gas-fired$10 per thousand Btu per
					 hour capacity

								Oil-fired$3 per thousand Btu per hour
					 capacity

								Wood or wood pellet boiler$__ per thousand Btu per
					 hour capacity.

				(2)FurnacesFor
			 qualified furnaces, rebates of $5 per thousand Btu per hour of capacity.
				(3)Water
			 heatersFor qualified water heaters, rebates shall be the amounts
			 specified in the following table:

								Energy SourceRebate

								Natural Gas$8 per thousand Btu per hour
					 capacity

								Electricity$20 per thousand Btu per hour of heat pump
					 capacity

								Wood or wood pellet water heater$__ per thousand Btu per
					 hour capacity.

				(4)Unitary air
			 conditioners and heat pumpsFor qualified unitary air
			 conditioners and qualified unitary heat pumps, rebates shall be the amounts
			 specified in the following table:

								Efficiency LevelRebate

								Consortium on Energy Efficiency Tier 1 efficiency standards
					 (as in effect on January 1, 2010)$100 per ton cooling capacity

								Consortium of Energy Efficiency Tier 2 efficiency standards
					 (as in effect on January 1, 2010)$200 per ton cooling capacity.

				(5)Variable speed
			 drives for motorsFor qualified variable speed drives, rebates
			 shall be the amounts specified in the following table:

								Power Controlled (horsepower)Rebate Level

								 <10 hp$120/hp

								10-100 hp$80/hp

								>100 hp$40/hp.

				(6)Interior
			 lighting
					(A)In
			 generalFor qualified interior lighting, subject to subparagraphs
			 (B) and (C), rebates based on reduced lighting power shall be the amounts
			 specified in the following table:

									25% or greater reduction in
					 installed lighting power (as adjusted)$0.25 per square foot of illuminated floor area
					 affected

									40% or greater reduction in
					 installed lighting power (as adjusted)$0.50 per square foot of illuminated floor
					 area affected.

					(B)CalculationReductions
			 in installed lighting power resulting from installation of qualified interior
			 lighting shall be calculated by determining the difference between—
						(i)the
			 product obtained by multiplying—
							(I)the quantity of
			 installed power (kW) for existing interior lighting; and
							(II)the applicable
			 control factor; and
							(ii)the product
			 obtained by multiplying—
							(I)the quantity of
			 installed power (kW) of the replacement interior lighting system; and
							(II)the applicable
			 control factor.
							(C)Control
			 factorsFor purposes of subparagraph (B), control factors for
			 installed lighting controls shall be—
						(i)for
			 manual dimming controls, 0.9;
						(ii)for occupancy
			 sensors, 0.9;
						(iii)for
			 programmable multilevel dimming controls, 0.9;
						(iv)for programmable
			 multilevel dimming controls with programmable time scheduling, 0.85; and
						(v)for
			 daylight dimming controls, 0.75.
						(7)Exterior
			 lighting
					(A)In
			 generalFor qualified exterior lighting, subject to subparagraphs
			 (B) and (C), rebates based on reduced energy usage shall be the amounts
			 specified in the following table:

									20 % or greater reduction in
					 calculated annual energy usage$0.40 per kWh reduction in calculated annual energy
					 usage

									40% or greater reduction in
					 calculated annual energy usage$1.00 per kWh reduction in calculated annual energy
					 usage.

					(B)CalculationReductions
			 in annual energy usage resulting from installation of qualified exterior
			 lighting shall be calculated by determining the difference between—
						(i)the
			 product obtained by multiplying—
							(I)the quantity of
			 installed power (kW) for existing exterior lighting;
							(II)4,000 operating
			 hours per year; and
							(III)the applicable
			 control factor; and
							(ii)the product
			 obtained by multiplying—
							(I)the quantity of
			 installed power (kW) of the replacement exterior lighting system;
							(II)4,000 operating
			 hours per year; and
							(III)the applicable
			 control factor.
							(C)Control
			 factorsFor purposes of subparagraph (B), control factors for
			 installed lighting controls shall be—
						(i)for
			 7-day time controls (with a provision for holiday schedule) if lighting is
			 switched off a minimum of 4 hours per night, 0.75;
						(ii)for motion
			 sensors if lighting power is reduced by at least 40 percent after no activity
			 has been detected for at least 20 minutes, 0.75; and
						(iii)for remote
			 monitoring and multilevel lighting controls, 0.60.
						(8)Qualified
			 replacement chillers
					(A)In
			 generalFor qualified replacement chillers, rebates shall be the
			 sum of—
						(i)the
			 product obtained by multiplying—
							(I)$150; and
							(II)the tonnage
			 rating of the replaced chiller; and
							(ii)if
			 all chilled water distribution pumps connected to the qualified replacement
			 chiller include variable frequency drives, the product obtained by
			 multiplying—
							(I)$100; and
							(II)any chiller
			 tonnage downsizing.
							(B)AuditsAs
			 a condition of receiving a rebate for a qualified replacement chiller, an audit
			 with requirements determined by the Secretary (not later than 45 days after the
			 date of enactment of this Act) shall be performed on a building prior to
			 installation of the qualified replacement chiller that identifies
			 cost-effective energy-saving measures, particularly measures that could
			 contribute to chiller tonnage downsizing.
					(d)Rebates for
			 eligible energy efficiency servicesRebates for qualifying
			 services to enhance the energy efficiency of commercial or multifamily
			 residential buildings shall be available in the following amounts:
				(1)Energy audit
			 and retro commissioning study
					(A)In
			 generalFor qualified energy audits or qualified retro
			 commissioning studies, subject to subparagraph (B), a rebate equal to the
			 lesser of—
						(i)$0.05 per square
			 foot of audited or commissioned building space; or
						(ii)50
			 percent of the cost of the audit or study.
						(B)Avoidance of
			 duplicationRebates shall not be made for energy audits and retro
			 commissioning studies under subparagraph (A) for the same building.
					(2)Energy-efficient
			 building operations and maintenance trainingFor qualified
			 energy-efficient building operation and maintenance training, a rebate of
			 $2,000 per individual trained and certified.
				(3)Service on
			 space heating equipmentFor qualified service on space heating
			 equipment, a rebate of $100 per unit serviced.
				(4)Service on
			 cooling systemsFor qualified service on cooling systems, a
			 rebate equal to the lesser of—
					(A)$2 per ton of
			 nameplate capacity of the serviced cooling system; and
					(B)50 percent of the
			 total service cost.
					(5)Energy
			 monitoring and management systems
					(A)InstallationFor
			 qualified energy monitoring and management systems installed in a commercial
			 building or multifamily residential building that have analog controls
			 (pneumatic or electronic), or if no control system exists, a rebate equal to
			 the lesser of—
						(i)$0.45 per square
			 foot of building space covered by the qualified energy monitoring and
			 management system; or
						(ii)50
			 percent of the total installation and commissioning costs.
						(B)UpgradingFor
			 upgrading an existing energy monitoring and management system in a commercial
			 building or multifamily residential building to add submetering to all major
			 individual loads, such as heating, ventilation, air conditioning, and lighting,
			 a rebate equal to the lesser of—
						(i)$0.15 per square
			 foot of building space covered by the energy management system, or
						(ii)50
			 percent of the total installation cost.
						(6)HVAC testing,
			 balancing, and duct sealingFor qualified HVAC testing,
			 balancing, and duct sealing, a rebate of $0.75 per square foot of duct surface
			 tested, balanced, and if necessary, sealed.
				(e)Administration
				(1)Eligibility
			 periodA rebate issued under the program shall be provided only
			 in connection with qualifying equipment installations or services provided
			 during the period beginning on the date of enactment of this Act and ending on
			 December 31, 2011.
				(2)Combination
			 with other incentivesThe availability or use of a Federal,
			 State, local, utility, or other incentive for any qualifying equipment
			 installation or service shall not affect eligibility for rebates under the
			 program.
				(3)Additional
			 feesA dealer, equipment installer, or service provider may not
			 charge a person purchasing goods or services any additional fees associated
			 with applying for a rebate under the program.
				(4)Limitation on
			 total rebates issuedThe total value of rebates issued under the
			 program may not exceed the amounts made available for the program.
				(5)Maximum
			 rebateThe amount of any rebate paid to an applicant for any
			 qualified measure under this section shall be the lesser of—
					(A)the amount
			 determined under subsection (b), (c), or (d); or
					(B)1/2
			 of the cost actually incurred by the applicant building owner to complete the
			 measure that is eligible for the rebate.
					(f)ImplementationNotwithstanding
			 section 553 of title 5, United States Code, not later than 30 days after the
			 date of enactment of this Act, the Secretary shall, in consultation with the
			 Secretary of the Treasury, establish rules and procedures to implement the
			 program, including rules and procedures for—
				(1)building owners
			 or designees to submit applications (including forms) that—
					(A)specify the
			 proposed measures that qualify for a rebate and the total rebate requested;
			 and
					(B)require that the
			 work be completed by licensed contractors or service providers in compliance
			 with all applicable Federal, State and local building codes and
			 standards;
					(2)the
			 Secretary—
					(A)to consider
			 applications; and
					(B)to the extent
			 that the Secretary determines that proposed measures will qualify for rebates
			 under this section if undertaken and that there are sufficient uncommitted
			 funds to carry out the program, to issue confirmations to applicants that
			 rebates will be made if proposed measures are completed;
					(3)an
			 applicant—
					(A)to certify,
			 following completion of the measures identified in the application, that the
			 measures undertaken qualify for rebate under this section; and
					(B)to complete the
			 measures described in the application, and submit a certification, not later
			 than—
						(i)180
			 days after the date of receipt of a confirmation; or
						(ii)in
			 the case of a qualified replacement chiller, 360 days after the date of receipt
			 of a confirmation;
						(4)appropriate
			 verification by the Secretary of eligibility for a rebate prior to
			 payment;
				(5)verification and
			 payment of rebates by electronic transfer of funds or other means that ensure
			 that the payment occurs not later than 30 days after the date of submission of
			 certification that measures described in the application have been
			 completed;
				(6)certification by
			 the installer, as part of the certification under paragraph (3), that any
			 refrigerants, toxic materials, and other hazards have been removed and disposed
			 of in accordance with all applicable Federal, State, and local laws;
				(7)field inspections
			 by the Federal Government of at least 10 percent of the projects for which
			 rebates are received under the program; and
				(8)compliance
			 monitoring and enforcement.
				(g)Civil
			 penalties
				(1)In
			 generalAny person who knowingly makes a false or misleading
			 statement in an application or certification under this section shall be liable
			 to the United States for a civil penalty in an amount equal to not more than
			 the higher of—
					(A)$15,000 for each
			 violation; or
					(B)the amount that
			 is equal to 3 times the value of any associated rebate received under this
			 section.
					(2)AdministrationIn
			 carrying out this subsection, the Secretary—
					(A)may assess and
			 compromise penalties described in paragraph (1);
					(B)may require from
			 any entity the records and inspections necessary to carry out the program;
			 and
					(C)shall consider
			 the severity of the violation and the intent and history of the person
			 committing a violation in determining the amount of a penalty.
					(h)Information to
			 building owners, service providers, and equipment installers
				(1)In
			 generalNot later than 30 days after the date of enactment of
			 this Act, the Secretary shall make available on an Internet website and through
			 other means determined by the Secretary, information about the program,
			 including information on—
					(A)how to determine
			 whether particular efficiency measures are eligible for a rebate;
					(B)how to
			 participate in the program, including how to apply for rebates; and
					(C)the equipment and
			 services meeting the requirements of the program.
					(2)UpdatingThe
			 Secretary shall update, as appropriate, the information required under
			 paragraph (1).
				(i)Report to
			 CongressNot later than 60 days after the termination date
			 described in subsection (e)(1), the Secretary shall submit to the Committee on
			 Energy and Commerce of the House of Representatives and the Committee on Energy
			 and Natural Resources of the Senate a report describing the efficacy of the
			 program, including—
				(1)a description of
			 program results, including—
					(A)the total number
			 and value of rebates issued for installation of new energy efficient equipment
			 by category of equipment;
					(B)the total number
			 and value of rebates issued for services rendered by category of service;
			 and
					(C)the geographic
			 distribution of activities for which rebates were issued;
					(2)an estimate of
			 the overall increase in energy efficiency as a result of the program, expressed
			 in terms of percentage improvement by—
					(A)type of
			 equipment;
					(B)total annual
			 energy savings; and
					(C)total annual
			 greenhouse gas reductions; and
					(3)an estimate of
			 the overall jobs created and economic growth achieved as a result of the
			 program.
				4.State-based
			 financing assistance for commercial building retrofits
			(a)DefinitionsIn
			 this section:
				(1)Building Star
			 energy retrofit programThe term Building Star energy
			 retrofit program means the Building Star energy retrofit program
			 established under section 3.
				(2)Eligible
			 participantThe term eligible participant means a
			 building owner, apartment complex owner, residential cooperative association,
			 or condominium association that—
					(A)meets the
			 eligibility requirements established by a qualified loan program delivery
			 entity designated by the building owner; and
					(B)receives
			 financial assistance from the qualified loan program delivery entity to carry
			 out energy efficiency or renewable energy improvements to an existing building
			 in accordance with the Building Star energy retrofit program established under
			 section 3.
					(3)ProgramThe
			 term program means the Building Star Energy Efficiency Loan
			 Program established under subsection (b).
				(4)Qualified loan
			 program mechanismThe term qualified loan program
			 mechanism means a loan program that is—
					(A)administered by a
			 qualified program delivery entity; and
					(B)principally
			 funded—
						(i)by
			 funds provided by or overseen by a State; or
						(ii)through the
			 energy loan program of the Federal National Mortgage Association.
						(5)Qualified
			 program delivery entityThe term qualified program delivery
			 entity means a State, political subdivision of a State, tribal
			 government, energy utility, natural gas utility, nonprofit or community-based
			 organization, energy service company, retailer, or any other qualified entity
			 that—
					(A)meets the
			 eligibility requirements of this section; and
					(B)is approved by
			 the State that administers the program in the State.
					(b)EstablishmentThe
			 Secretary shall establish a Building Star Energy Efficiency Loan Program under
			 which the Secretary shall make grants to States to support financial assistance
			 provided by qualified program delivery entities for making, to existing
			 buildings, energy efficiency and renewable energy improvements that qualify
			 under the Building Star energy retrofit program.
			(c)Eligibility of
			 qualified program delivery entitiesTo be eligible to participate
			 in the program, a qualified program delivery entity shall—
				(1)offer a financing
			 product under which eligible participants may pay over time for the cost to the
			 eligible participant (after all applicable Federal, State, local, and other
			 rebates or incentives are applied) of making improvements described in section
			 3;
				(2)require all
			 financed improvements to be performed by contractors in a manner that meets
			 minimum standards that are at least as stringent as the standards established
			 under section 3; and
				(3)establish
			 standard underwriting criteria to determine the eligibility of program
			 applicants, which criteria shall be consistent with commercially recognized
			 best practices applicable to the form of financial assistance being provided
			 (as determined by the designated entity administering the program in the
			 State).
				(d)AllocationIn
			 making funds available to States for each fiscal year under this section, the
			 Secretary shall use the formula used to allocate funds to States to carry out
			 State energy conservation plans established under part D of title III of the
			 Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
			(e)Qualified
			 program delivery entitiesBefore making a grant 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 program delivery entities that meet the requirements of this
			 section;
				(2)has established a
			 qualified loan program mechanism that—
					(A)includes a
			 methodology to ensure credible energy savings or renewable energy
			 generation;
					(B)incorporates an
			 effective repayment mechanism, which may include—
						(i)on-utility-bill
			 repayment;
						(ii)tax assessment
			 or other form of property assessment financing;
						(iii)municipal
			 service charges;
						(iv)energy or energy
			 efficiency services contracts;
						(v)energy efficiency
			 power purchase agreements; or
						(vi)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 program as
			 the Secretary may require to permit the Secretary to meet the reporting
			 requirements of subsection (h).
				(f)Use of grant
			 fundsGrant funds made available to States under the program may
			 be used to support financing products offered by qualified program delivery
			 entities to eligible participants, by providing——
				(1)interest rate
			 reductions;
				(2)loan loss
			 reserves or other forms of credit enhancement;
				(3)revolving loan
			 funds from which qualified program delivery entities may offer direct loans;
			 or
				(4)other debt
			 instruments or financial products necessary—
					(A)to maximize
			 leverage provided through available funds; and
					(B)to support
			 widespread deployment of energy efficiency and renewable energy finance
			 programs.
					(g)Use of
			 repayment fundsIn the case of a revolving loan fund established
			 by a State described in subsection (f)(3), a qualified program delivery entity
			 may use funds repaid by eligible participants under the program to provide
			 financial assistance for additional eligible participants to make improvements
			 described in subsection (b) in a manner that is consistent with this section or
			 other such criteria as are prescribed by the State.
			(h)Program
			 evaluationNot later than 180 days after the date of enactment of
			 this Act, the Secretary shall submit to Congress a program evaluation that
			 describes—
				(1)how many eligible
			 participants have participated in the program;
				(2)how many jobs
			 have been created through the program, directly and indirectly;
				(3)what steps could
			 be taken to promote further deployment of energy efficiency and renewable
			 energy retrofits;
				(4)the quantity of
			 verifiable energy savings, renewable energy deployment, homeowner energy bill
			 savings, and other benefits of the program; and
				(5)the performance
			 of the programs carried out by qualified program delivery entities under this
			 section, including information on the rate of default and repayment.
				5.Federal
			 financing assistance for commercial building retrofits
			(a)In
			 generalSection 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, including financing programs
				that finance the retrofitting of residential, commercial, and industrial
				buildings, facilities, and
				equipment.
					.
			(b)Credit support
			 for financing programsSection 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)Credit support
				for financing programs
							(1)In
				generalIn the case of programs that finance the retrofitting of
				residential, commercial, and industrial buildings, facilities, and equipment
				described in subsection (a)(4), the Secretary may—
								(A)offer loan
				guarantees for portfolios of debt obligations; and
								(B)purchase or make
				commitments to purchase portfolios of debt obligations.
								(2)TermNotwithstanding
				section 1702(f), the term of any debt obligation that receives credit support
				under this subsection shall require full repayment over a period not to exceed
				the lesser of—
								(A)30 years;
				and
								(B)the projected
				weighted average useful life of the measure or system financed by the debt
				obligation or portfolio of debt obligations (as determined by the
				Secretary).
								(3)UnderwritingThe
				Secretary may—
								(A)delegate
				underwriting responsibility for portfolios of debt obligations under the
				subsection to financial institutions that meet qualifications determined by the
				Secretary; and
								(B)determine an
				appropriate percentage of loans in a portfolio to review in order to confirm
				sound underwriting.
								(4)AdministrationSubsections
				(c) and (d)(3) of section 1702 shall not apply to loan guarantees made under
				this
				subsection.
							.
				(c)Termination of
			 effectivenessThe authority provided by this section and the
			 amendments made by this section terminates effective on the date that is 2
			 years after the date of enactment of this Act.
			6.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the Secretary to carry out this Act and the
			 amendments made by this Act $6,000,000,000 for the period of fiscal years 2010
			 and 2011, to remain available until expended, of which—
			(1)not less than $600,000,000 or 10 percent of
			 the amount made available for a fiscal year (whichever is less) shall be used
			 to carry out the financing program established under section 4; and
			(2)not more than
			 $360,000,000 or 6 percent of the amount made available for a fiscal year
			 (whichever is less) shall be used to administer this Act and the amendments
			 made by this Act.


113 HR 651 IH: Strengthening Refugee Resettlement Act
U.S. House of Representatives
2013-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 651
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2013
			Mr. Ellison (for
			 himself, Ms. Schakowsky, and
			 Mr. Moran) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committees on
			 Foreign Affairs and
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To modify provisions of law relating to refugee
		  resettlement, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 TitleThis Act may be cited
			 as the Strengthening Refugee
			 Resettlement Act.
			(b)Table of
			 ContentsThe table of
			 contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Security checks.
					Sec. 3. English language and work orientation training for
				approved refugee applicants.
					Sec. 4. Lawful permanent resident status of refugees and aliens
				granted asylum.
					Sec. 5. Update of reception and placement grants.
					Sec. 6. Coordination of refugee program agencies.
					Sec. 7. Case management.
					Sec. 8. Increase in cash payments.
					Sec. 9. Refugee integration grants.
					Sec. 10. Matching grant program expansion.
					Sec. 11. Domestic Emergency Refugee Resettlement
				Fund.
					Sec. 12. Supplemental Security Income benefits.
					Sec. 13. Making special immigrant juvenile status beneficiaries
				and unaccompanied children granted U visa protection eligible
				for refugee benefits.

			2.Security
			 checks
			(a)Sense of
			 CongressAlthough effective
			 security checks are needed to ensure that the United States and the Nation’s
			 refugee admissions program are adequately protected, it is the sense of the
			 Congress that the failure to properly coordinate security and non-security
			 clearance procedures has had negative impacts on the processing of vulnerable
			 individuals who are in need of, and eligible for, resettlement to the United
			 States.
			(b)Review of
			 refugee processingThe Secretary of Homeland Security shall work
			 with the heads of other relevant Federal agencies, including the Department of
			 State, to conduct a review of refugee processing, including security
			 clearances, with the goal of streamlining processing, consistent with
			 maintaining thorough security vetting.
			(c)ReportNot
			 later than 60 days after the date of the enactment of this Act, the Secretary
			 of Homeland Security shall submit to the Congress a report on the results of
			 the review conducted under subsection (b). The report shall include a
			 description of recommended changes to streamline processing and the costs
			 associated with any unfunded needs.
			3.English language
			 and work orientation training for approved refugee applicants
			(a)In
			 generalThe Secretary of State shall establish overseas refugee
			 training programs to provide English as a second language and work orientation
			 training for refugees who have been approved for admission to the United States
			 before their departure for the United States.
			(b)Design and
			 implementationIn designing and implementing the programs
			 referred to in subsection (a), the Secretary shall consult with or use—
				(1)nongovernmental or
			 international organizations with direct ties to the United States refugee
			 resettlement program; and
				(2)nongovernmental or
			 international organizations with appropriate expertise in developing curriculum
			 and teaching English as a second language.
				(c)Impact on
			 processing timesThe Secretary shall ensure that such training
			 programs occur within applicable processing times and do not unduly delay the
			 departure for the United States of refugees who have been approved for
			 admission to the United States.
			(d)Timeline for
			 implementation
				(1)Initial
			 implementationNot later than 1 year after the date of the
			 enactment of this Act, the Secretary shall ensure that such training programs
			 are fully and continually operational in at least 3 refugee processing
			 regions.
				(2)Additional
			 implementationNot later than 2 years after the date of the
			 enactment of this Act, the Secretary shall notify the appropriate congressional
			 committees that such training programs are fully and consistently operational
			 in 5 refugee processing regions.
				(e)GAO
			 reportNot later than 2 years after the date of the enactment of
			 this Act, the Comptroller General of the United States shall conduct a study on
			 the implementation of this section, including an assessment of the quality of
			 English as a second language curriculum and instruction, the benefits of the
			 work orientation and English as a second language training program to refugees,
			 and recommendations on whether such programs should be continued, broadened, or
			 modified, and shall submit to the appropriate congressional committees a report
			 on the findings of such study.
			(f)Rule of
			 constructionNothing in this section shall be construed to
			 require that a refugee participate in such a training program as a precondition
			 for the admission to the United States of such refugee.
			4.Lawful permanent
			 resident status of refugees and aliens granted asylum
			(a)Admission of
			 emergency situation refugeesSection 207(c) of the Immigration
			 and Nationality Act (8 U.S.C. 1157(c)) is amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 Attorney General the first time it appears and inserting
			 Secretary of Homeland Security;
					(B)by striking
			 Attorney General each additional place it appears and inserting
			 Secretary; and
					(C)by striking
			 (except as otherwise provided under paragraph (3)) as an immigrant under
			 this Act. and inserting (except as provided under subsections
			 (b) and (c) of section 209) as an immigrant under this Act. Notwithstanding any
			 numerical limitations specified in this Act, any alien admitted under this
			 paragraph shall be regarded as lawfully admitted to the United States for
			 permanent residence as of the date of such alien’s admission to the United
			 States.;
					(2)in paragraph
			 (2)(A)—
					(A)by striking
			 (except as otherwise provided under paragraph (3)) and inserting
			 (except as provided under subsections (b) and (c) of section
			 209); and
					(B)by striking the
			 last sentence and inserting the following: An alien admitted to the
			 United States as a refugee may petition for his or her spouse or child to
			 follow to join him or her in the United States at any time after such alien’s
			 admission, notwithstanding his or her treatment as a lawful permanent resident
			 as of the date of his or her admission to the United States.;
					(3)by striking
			 paragraph (3);
				(4)by redesignating
			 paragraph (4) as paragraph (3); and
				(5)in paragraph (3),
			 as redesignated—
					(A)by striking
			 Attorney General the first place it appears and inserting
			 Secretary of Homeland Security; and
					(B)by striking
			 Attorney General each additional place it appears and inserting
			 Secretary.
					(b)Treatment of
			 spouse and childrenSection 208(b)(3) of such Act (8 U.S.C.
			 1158(b)(3)) is amended—
				(1)by redesignating
			 subparagraph (B) as subparagraph (E); and
				(2)by inserting after
			 subparagraph (A) the following:

						(B)PetitionAn
				alien granted asylum under this subsection may petition for the same status to
				be conferred on his or her spouse or child at any time after such alien is
				granted asylum whether or not such alien has applied for, or been granted,
				adjustment to permanent resident status under section 209.
						(C)Permanent
				resident statusNotwithstanding any numerical limitations
				specified in this Act, a spouse or child admitted to the United States as an
				asylee following to join a spouse or parent previously granted asylum shall be
				regarded as lawfully admitted to the United States for permanent residence as
				of the date of such spouse’s or child’s admission to the United States.
						(D)Application for
				adjustment of statusA spouse or child who was not admitted to
				the United States pursuant to a grant of asylum, but who was granted asylum
				under this subparagraph after his or her arrival as the spouse or child of an
				alien granted asylum under section 208, may apply for adjustment of status to
				that of lawful permanent resident under section 209 at any time after being
				granted
				asylum.
						.
				(c)RefugeesSection
			 209 of such Act (8 U.S.C. 1159) is amended to read as follows:

					209.Treatment of
				aliens admitted as refugees and aliens granted asylum
						(a)In
				general
							(1)Treatment of
				refugeesNotwithstanding any numerical limitations specified in
				this Act, any alien who has been admitted to the United States under section
				207 shall be regarded as lawfully admitted to the United States for permanent
				residence as of the date of such admission.
							(2)Treatment of
				spouse and childrenNotwithstanding any numerical limitations
				specified in this Act, any alien admitted to the United States under section
				208(b)(3) as the spouse or child of an alien granted asylum under section
				208(b)(1) shall be regarded as lawfully admitted to the United States for
				permanent residence as of the date of such admission.
							(3)Adjustment of
				statusThe Secretary of Homeland Security or the Attorney
				General, in the discretion of the Secretary or the Attorney General, and under
				such regulations as the Secretary or the Attorney General may prescribe, may
				adjust, to the status of an alien lawfully admitted to the United States for
				permanent residence, the status of any alien who, while in the United
				States—
								(A)is granted—
									(i)asylum under
				section 208(b) (as a principal alien or as the spouse or child of an alien
				granted asylum); or
									(ii)refugee status
				under section 207 as the spouse or child of a refugee;
									(B)applies for such
				adjustment of status at any time after being granted asylum or refugee
				status;
								(C)is not firmly
				resettled in any foreign country; and
								(D)is admissible
				(except as otherwise provided under subsections (b) and (c)) as an immigrant
				under this Act at the time of examination for adjustment of such alien.
								(4)RecordUpon
				approval of an application under this subsection, the Secretary of Homeland
				Security or the Attorney General shall establish a record of the alien’s
				admission for lawful permanent residence as of the date such alien was granted
				asylum or refugee status.
							(5)Document
				issuanceAn alien who has been admitted to the United States
				under section 207 or 208 or who adjusts to the status of a lawful permanent
				resident as a refugee or asylee under this section shall be issued
				documentation indicating that such alien is a lawful permanent resident
				pursuant to a grant of refugee or asylum status.
							(b)Inapplicability
				of certain inadmissibility grounds to refugees, aliens granted asylum, and such
				aliens seeking adjustment of status to lawful permanent
				residentParagraphs (4), (5), and (7)(A) of section 212(a) shall
				not apply to—
							(1)any refugee under
				section 207;
							(2)any alien granted
				asylum under section 208; or
							(3)any alien seeking
				admission as a lawful permanent resident pursuant to a grant of refugee or
				asylum status.
							(c)Waiver of
				inadmissibility or deportability for refugees, aliens granted asylum, and such
				aliens seeking adjustment of status to lawful permanent resident
							(1)In
				generalExcept as provided in paragraph (2), the Secretary of
				Homeland Security or the Attorney General may waive any ground of
				inadmissibility under section 212 or any ground of deportability under section
				237 for a refugee admitted under section 207, an alien granted asylum under
				section 208, or an alien seeking admission as a lawful permanent resident
				pursuant to a grant of refugee or asylum status if the Secretary or the
				Attorney General determines that such waiver is justified by humanitarian
				purposes, to ensure family unity, or is otherwise in the public
				interest.
							(2)IneligibilityA
				refugee under section 207, an alien granted asylum under section 208, or an
				alien seeking admission as a lawful permanent resident pursuant to a grant of
				refugee or asylum status shall be ineligible for a waiver under paragraph (1)
				if it has been established that the alien is—
								(A)inadmissible under
				section 212(a)(2)(C) or subparagraph (A), (B), (C), or (E) of section
				212(a)(3);
								(B)deportable under
				section 237(a)(2)(A)(iii) for an offense described in section 101(a)(43)(B);
				or
								(C)deportable under
				subparagraph (A), (B), (C), or (D) of section
				237(a)(4).
								.
			(d)Technical
			 amendments
				(1)Aliens not
			 subject to direct numerical limitationsSection 201(b)(1)(B) of
			 the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(B)) is amended to read
			 as follows:

						(B)Aliens who are admitted to the United
				States as permanent residents under section 207 or 208 or whose status is
				adjusted under section
				209.
						.
				(2)TrainingSection
			 207(f)(1) of such Act (8 U.S.C. 1157(f)(1)) is amended by striking
			 Attorney General and inserting Secretary of Homeland
			 Security.
				(3)Table of
			 contentsThe table of contents for such Act is amended by
			 striking the item relating to section 209 and inserting the following:

							Sec. 209. Treatment of aliens admitted as
				refugees and aliens granted
				asylum.

						.
				(e)Savings
			 provisions
				(1)In
			 generalNothing in the amendments made by this section may be
			 construed to limit access to the benefits described at chapter 2 of title IV of
			 the Immigration and Nationality Act (8 U.S.C. 1521 et seq.).
				(2)ClarificationAliens
			 admitted for lawful permanent residence under section 207 or 208 of the
			 Immigration and Nationality Act (8 U.S.C. 1157; 1158) or who adjust status to
			 lawful permanent resident under section 209 of such Act (8 U.S.C. 1159) shall
			 be considered to be refugees and aliens granted asylum in accordance with
			 sections 402, 403, 412, and 431 of the Personal Responsibility and Work
			 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612; 1613; 1622;
			 1641).
				(f)Effective
			 dateThis section, and the amendments made by this section, shall
			 become effective on the earlier of—
				(1)the date that is
			 180 days after the date of the enactment of this Act; or
				(2)the date on which
			 a final rule is promulgated to implement this section.
				5.Update of
			 reception and placement grantsBeginning with fiscal year 2014, the
			 Secretary of State shall, when setting the amount of the reception and
			 placement grants for refugees, ensure that—
			(1)the grant amount
			 is adjusted so that it is adequate to provide for the anticipated initial
			 resettlement needs of refugees, including adjusting the amount for inflation
			 and the cost of living;
			(2)the administrative
			 proportion of the grant is provided at the beginning of the fiscal year to each
			 national resettlement agency that is sufficient to ensure adequate local and
			 national capacity to serve the initial resettlement needs of refugees the
			 Secretary anticipates the agency will resettle throughout the fiscal year;
			 and
			(3)additional amounts
			 are provided to each national resettlement agency promptly upon the arrival of
			 refugees that, exclusive of the amounts provided pursuant to paragraph (2), are
			 sufficient to meet the anticipated initial resettlement needs of such refugees
			 and support local and national operational costs in excess of the estimates
			 described in paragraph (1).
			6.Coordination of
			 refugee program agenciesIt is
			 the sense of the Congress that—
			(1)the President
			 should appoint a White House Coordinator on Refugee Protection and grant such
			 official the authority and staff necessary to coordinate, prioritize, and lead
			 efforts to address refugee protection issues that involve multiple agencies,
			 including the refugee admissions program, and to resolve interagency
			 differences in a timely, efficient, and effective manner; and
			(2)this position
			 should be at a senior level and require as a condition for appointment a
			 significant level of prior experience in the refugee protection field.
			7.Case
			 management
			(a)In
			 general
				(1)Establishment of
			 grant programThe Director of the Office of Refugee Resettlement
			 shall make grants to national resettlement agencies to operate a case
			 management system to assist qualified individuals in accessing services,
			 benefits, and assistance for which they are eligible that are provided
			 by—
					(A)the Office of
			 Refugee Resettlement (the Office);
					(B)other Federal,
			 State, or local agencies; and
					(C)private or
			 nonprofit organizations.
					(2)Qualified
			 individualsSubject to paragraphs (3) and (4), any individual who
			 was at any time eligible for resettlement, acculturation, or subsistence
			 services provided by the Office shall be qualified to receive the case
			 management services described in paragraph (1).
				(3)Period of
			 qualificationExcept as provided in paragraph (4), an individual
			 described in paragraph (2) shall be qualified to receive the case management
			 services described in paragraph (1) during the period beginning on the date
			 such individual was determined to be eligible for resettlement, acculturation,
			 or subsistence services provided by the Office, and continuing for 1 year after
			 the date on which such individual ceases to be eligible for such resettlement,
			 acculturation, or subsistence service.
				(4)Exceptions for
			 exceptional circumstances
					(A)In
			 generalNotwithstanding paragraph (3), an individual described in
			 subparagraph (B) shall be qualified to receive the case management services
			 described in paragraph (1) during the period beginning on the date on which
			 such individual was determined eligible for resettlement, acculturation, or
			 subsistence services provided by the Office, and continuing for 3 years after
			 the date on which such individual ceases to be eligible for such resettlement,
			 acculturation, or subsistence services.
					(B)Exceptional
			 circumstancesAn individual described in paragraph (2) may be
			 treated in accordance with subparagraph (A) if such individual—
						(i)is
			 elderly;
						(ii)has
			 extraordinary resettlement or acculturation needs that impede such individual’s
			 ability to achieve durable self-sufficiency;
						(iii)is
			 a refugee who was resettled from a situation of protracted displacement;
						(iv)is
			 a member of a family caring for an unattached refugee minor; or
						(v)at
			 the time of entry—
							(I)had a disability
			 or serious medical condition;
							(II)had mental health
			 conditions;
							(III)was part of a
			 household headed by a single parent; or
							(IV)had been the
			 victim of a severe form of violence.
							(5)Definition of
			 resettlement, acculturation, or subsistence servicesFor the
			 purposes of this section, the term, resettlement, acculturation, or
			 subsistence services shall include all of the services provided by the
			 Office to aliens, with the exception of the case management services provided
			 under paragraph (1).
				(b)Authorization of
			 appropriationsThere is authorized to be appropriated such sums
			 as may be necessary to carry out this section.
			(c)Savings
			 clauseNothing in this section shall be construed as affecting
			 the authority of the Director under section 412(e)(7)(A) of the Immigration and
			 Nationality Act (8 U.S.C. 1522(e)(7)(A)), or of any other section of such Act,
			 to provide case management services to individuals who have been in the United
			 States for longer than 36 months.
			8.Increase in cash
			 payments
			(a)Section 412 of the
			 Immigration and Nationality Act (8 U.S.C. 1522) is amended—
				(1)in subsection
			 (a)(1)(B), by adding at the end the following:

						(iv)Subject to the availability of funds
				appropriated for this purpose, assistance and social services for employment,
				health and living expenses shall be available for a period of not less than 12
				months.
						;
				(2)in subsection
			 (a)(5), by adding at the end the following: Subject to the availability
			 of funds appropriated for this purpose, assistance and services shall be made
			 available to refugees for a period of not less than 12 months.;
			 and
				(3)in subsection
			 (e)(1)—
					(A)by striking
			 (1) and inserting (1)(A); and
					(B)by adding at the
			 end the following:

							(B)Subject to the availability of funds
				appropriated for this purpose, such assistance shall be provided for a minimum
				of 12 months beginning with the first month in which such refugee entered the
				United
				States.
							.
					(b)Effective
			 dateThe amendments made by subsection (a) shall become effective
			 on the earlier of—
				(1)the first day of
			 the first fiscal year that begins after the date of the enactment of this Act;
			 or
				(2)the date on which
			 a final rule is promulgated to implement this section.
				(c)Rule of
			 constructionThe 12-month specification contained in the
			 amendments made by subsection (a) is a minimum standard for the provision of
			 services to the refugee community. No part of this Act shall be interpreted as
			 limiting or reducing assistance already provided for a period longer than 12
			 months.
			9.Refugee
			 integration grants
			(a)Establishment of
			 refugee integration grantsThe Director of the Office of Refugee
			 Resettlement is authorized to award grants to community-based organizations,
			 national nonprofit organizations having experience and expertise in immigration
			 law and the legal, social, educational, or cultural needs of immigrants, and
			 national resettlement agencies for the design and implementation of programs to
			 offer training and orientation to newcomers to the United States to assist them
			 in integrating into the civic life of the United States.
			(b)Services
			 fundedPrograms funded under subsection (a) shall be used—
				(1)to offer
			 assistance and instruction to aliens described in subsection (c), on—
					(A)the naturalization
			 process;
					(B)the legal
			 requirements for naturalization;
					(C)rights and
			 responsibilities of U.S. citizens;
					(D)cultural
			 orientation;
					(E)English as a
			 second language;
					(F)civics and United
			 States history;
					(G)housing;
					(H)transportation;
					(I)recertification;
					(J)employment
			 training;
					(K)mental health
			 services;
					(L)childcare
			 services; and
					(M)other topics the
			 Director identifies as aiding the orientation and adjustment of new arrivals to
			 the United States;
					(2)to offer
			 orientation and assistance to Federal, State, and local institutions that serve
			 newcomers to the United States so as to assist such institutions in meeting
			 their needs; and
				(3)to provide
			 technical assistance and training to community-based organizations providing
			 instruction in English as a second language, civics, and United States history
			 and technical assistance and training to community-based organizations
			 providing naturalization outreach and application assistance.
				(c)Eligible
			 personsPersons eligible for assistance and instruction under
			 this subsection include—
				(1)aliens admitted as
			 refugees under section 207 of the Immigration and Nationality Act (8 U.S.C.
			 1157);
				(2)aliens granted
			 asylum under section 208 of such Act (8 U.S.C. 1158);
				(3)aliens admitted as
			 special immigrants from Iraq or Afghanistan pursuant to section 1244 of Public
			 Law 110–181;
				(4)any alien who was
			 at any time eligible to receive services from the Office of Refugee
			 Resettlement; and
				(5)other aliens
			 designated by the Director of the Office of Refugee Resettlement.
				(d)Application for
			 grantsEach entity desiring a refugee integration grant under
			 this section shall submit an application to the Director at such time and in
			 such manner as the Director may require.
			(e)PriorityIn
			 selecting grantees, the Director shall give priority to organizations either
			 with experience in resettling refugees or in administering services for
			 refugees and asylum seekers.
			(f)Reports to
			 CongressBeginning 180 days after the date of the enactment of
			 this Act, and annually thereafter, the Director shall report to the Judiciary
			 Committees of the Senate and the House of Representatives a report on the
			 implementation of this section. The report shall include information regarding
			 the grants issued pursuant to this section and the results of those
			 grants.
			10.Matching grant
			 program expansion
			(a)Use of the
			 refugee matching grant program
				(1)In
			 generalIn recognition of the positive outcomes achieved for
			 individuals served through the refugee matching grant program, under which
			 Federal funds are matched by private sector contributions of cash, goods, and
			 volunteers, the Director of the Office of Refugee Resettlement shall ensure
			 that the thresholds described in paragraph (2) are met with respect to
			 participation by eligible individuals in such program.
				(2)Annual
			 thresholds
					(A)In
			 generalSubject to the availability of funds appropriated for
			 this purpose, the percentage of eligible individuals who apply for services
			 under the matching grant program who shall be served through such program is
			 set at the following levels in each of the following fiscal years—
						(i)at
			 least 60 percent in fiscal year 2014;
						(ii)at
			 least 70 percent in fiscal year 2015; and
						(iii)at
			 least 80 percent in fiscal year 2016, and thereafter.
						(B)ExceptionsIn
			 determining the thresholds in this paragraph, the Director shall exclude
			 individuals who are disabled, under the age of 18, or over the age of 65 unless
			 such individuals are being served as members of an eligible family.
					(3)Length of
			 eligibility for grantIndividuals as described in subparagraph
			 (2)(B) shall be eligible for services under the matching grant program, and
			 therefore be expected to achieve self-sufficiency, within 180 to 240 days of
			 their enrollment in the program.
				(4)Amount of
			 grant
					(A)Annual
			 updateSubject to the availability of funds appropriated for this
			 purpose, beginning with fiscal year 2014, the Director shall, when setting the
			 amount of the matching grants, ensure that the grant amount is adjusted
			 annually so that it is adequate to provide for services intended to help
			 refugees become self-sufficient within 180 to 240 days, including adjusting the
			 amount for inflation and the cost of living.
					(B)AssessmentNot
			 later than 30 days after the date of enactment of this Act, the Director shall
			 undertake an assessment of the per capita amount that is provided in the
			 matching grant program. The assessment shall—
						(i)examine the
			 adequacy of the current per capita grant amount to provide the assistance
			 necessary to enable individuals who are served by the program to achieve
			 self-sufficiency within 240 days;
						(ii)determine the per
			 capita grant amount that would be necessary in order to provide the assistance
			 necessary to enable individuals who are served by the program achieve
			 self-sufficiency within 240 days;
						(iii)assess the
			 potential impact of any other changes to the operation of the program that the
			 Director or the Office’s non-Federal partners suggest to improve the
			 effectiveness of the program.
						(C)Consultation
			 with partnersIn conducting the assessment referred to in
			 subparagraph (B), the Director shall consult with representatives of national
			 and local resettlement agencies with experience in providing services under the
			 matching grant program to learn their views on the program, including their
			 views with respect to clauses (i) through (iv) of subparagraph (B).
					(D)Report to
			 CongressNot later than 120 days after the date of enactment of
			 this Act, the Director shall report to the appropriate committees of Congress
			 the results of the assessment made pursuant to subparagraph (B). Such report
			 shall include—
						(i)the
			 Director’s findings pursuant to subparagraph (B);
						(ii)the
			 amount of the per capita grant that will be provided beginning on the first day
			 of the first fiscal year that begins after the date of enactment of this Act;
			 and
						(iii)a
			 summary of the views expressed by the entities described in subparagraph
			 (C).
						(E)Grant amount in
			 absence of reportIf for any reason the report described in
			 subparagraph (D) is not filed with the appropriate committees of the Congress
			 on or before the required date for the submission of such report, the per
			 capita matching grant amount for the first fiscal year that begins after the
			 date of enactment of this Act shall be set at the amount set for such grant on
			 September 30 of the previous fiscal year and prorated to reflect a 180- to
			 240-day grant period.
					11.Domestic
			 Emergency Refugee Resettlement Fund
			(a)In
			 generalThere is established a Domestic Emergency Refugee
			 Resettlement Fund that shall be available to the Director of the Office of
			 Refugee Resettlement to meet unanticipated resettlement needs.
			(b)Drawdown of
			 fundsWhenever the Director determines it to be important to the
			 national interest, the Director is authorized to furnish on such terms and
			 conditions as the Director may determine, assistance under this chapter for the
			 purpose of meeting unexpected urgent resettlement needs of populations and
			 communities served pursuant to this chapter, including communities experiencing
			 high numbers of arrivals of refugees due to secondary migration.
			(c)Allowable
			 usesThe Director may furnish assistance to eligible entities for
			 the purposes of providing resettlement assistance to refugees, including
			 transportation, housing, employment, health, mental health, English language
			 training services, recertification, and other purposes as determined by the
			 Director.
			(d)Eligible
			 entities definedNational resettlement agencies, community-based
			 organizations, torture survivor rehabilitation centers and programs, and
			 States.
			(e)Congressional
			 notificationNo amounts may be withdrawn from the fund authorized
			 by subsection (a) unless the Director has determined that a domestic
			 resettlement emergency exists and has certified such fact to appropriate
			 committees of Congress.
			(f)Cap on
			 fundNo funds may be appropriated which when added to the amounts
			 previously appropriated but not yet obligated, would cause such amounts to
			 exceed $50,000,000.
			(g)Authorization of
			 appropriationsFunds appropriated pursuant to this section shall
			 be available until expended.
			12.Supplemental
			 Security Income benefitsSection 402(a)(2) of the Personal
			 Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
			 1612(a)(2)) is amended—
			(1)by amending
			 subparagraph (A) to read as follows:

					(A)Exception for
				refugees and asyleesWith respect to the specified Federal
				programs described in paragraph (3), paragraph (1) shall not apply to—
						(i)an
				alien admitted to the United States as a refugee under section 207 of the
				Immigration and Nationality Act 8 U.S.C. 1157;
						(ii)an alien granted
				asylum under section 208 of such Act 8 U.S.C. 1158;
						(iii)an alien whose
				deportation is withheld under section 243(h) of such Act 8 U.S.C. 1253 (as in
				effect immediately before the effective date of section 307 of division C of
				Public Law 104–208) or section 241(b)(3) of such Act 8 U.S.C. 1231(b)(3) (as
				amended by section 305(a) of division C of Public Law 104–208);
						(iv)an alien who is
				granted status as a Cuban and Haitian entrant (as defined in section 501(e) of
				the Refugee Education Assistance Act of 1980); or
						(v)an
				alien who is admitted to the United States as an Amerasian immigrant pursuant
				to section 584 of the Foreign Operations, Export Financing, and Related
				Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law
				100–202 and amended by the 9th proviso under migration and refugee assistance
				in title II of the Foreign Operations, Export Financing, and Related Programs
				Appropriations Act, 1989, Public Law 100–461, as
				amended).
						;
				and
			(2)by adding at the
			 end the following:

					(N)SSI benefits for
				certain aliens and victims of traffickingBeginning on the date of the enactment of
				this subparagraph, any qualified alien (as defined in section 431(b)), victim
				of trafficking in persons (as defined in section 107(b)(1)(C) of division A of
				the Victims of Trafficking and Violence Protection Act of 2000 (Public Law
				106–386)), or alien granted status under section 101(a)(15)(T)(ii) of the
				Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(ii)) rendered
				ineligible for the specified Federal program described in paragraph (3)(A)
				solely by reason of the termination of the 7-year period described in
				subparagraph (A) prior to the enactment of this subparagraph shall be eligible
				for benefits under such program without regard to subparagraph
				(A).
					.
			13.Making special
			 immigrant juvenile status beneficiaries and unaccompanied children granted
			 U visa protection eligible for foster care and refugee
			 benefits
			(a)In
			 generalSection 235(d)(4) of
			 the William Wilberforce Trafficking Victims Protection Reauthorization Act of
			 2008 (8 U.S.C. 1232(d)(4)) is amended—
				(1)in subparagraph
			 (A)—
					(A)by striking
			 either;
					(B)by striking
			 or who and inserting a comma;
					(C)by inserting
			 , or has been granted status under section 101(a)(15)(U) of the
			 Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) before
			 , shall; and
					(D)by striking
			 be eligible for and inserting receive; and
					(2)in subparagraph
			 (B), by inserting or status under section 101(a)(15)(U) of the
			 Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)), after
			 (8 U.S.C. 1101(a)(27)(J)).
				(b)Eligibility for
			 benefits and servicesSection 107(b)(1)(A) of the Victims of
			 Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(1)(A)) is
			 amended by inserting , an alien who has been granted special immigrant
			 status under section 101(a)(27)(J) of the Immigration and Nationality Act (8
			 U.S.C. 1101(a)(27)(J)), a child who has been granted status under section
			 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
			 1101(a)(15(U)), after trafficking in persons,.
			(c)State
			 reimbursementSubject to the availability of funds appropriated
			 for this purpose, if State foster care funds are expended on behalf of a child
			 who has been granted special immigrant status under section 101(a)(27)(J) of
			 the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)), the Federal
			 Government shall reimburse the State in which the child resides for such
			 expenditures by the State.


		II
		109th CONGRESS
		2d Session
		S. 3584
		IN THE SENATE OF THE UNITED STATES

			June 27, 2006
			Mr. Akaka introduced the
			 following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend chapter 41 of title 5, United States Code, to
		  provide for the establishment and authorization of funding for certain training
		  programs for supervisors of Federal employees.

		1.Short titleThis Act may be cited as the Federal
			 Supervisor Training Act of 2006.
		2.Mandatory training
			 programs for supervisors
			(a)In
			 generalSection 4121 of title 5, United States Code, is
			 amended—
				(1)by inserting
			 before In consultation with the following:

						(a)In this section,
				the term supervisor means—
							(1)a supervisor as
				defined under section 7103(a)(10);
							(2)a management
				official as defined under section 7103(a)(11); and
							(3)any other
				employee as the Office of Personnel Management may by regulation
				prescribe.
							;
				(2)by striking
			 In consultation with and inserting (b) Under operating
			 standards promulgated by, and in consultation with,; and
				(3)by striking
			 paragraph (2) (of the matter redesignated as subsection (b) as a result of the
			 amendment under paragraph (2) of this subsection) and inserting the
			 following:

						(2)(A)a program to provide
				interactive instructor-based training to supervisors on actions, options, and
				strategies a supervisor may use in—
								(i)developing and discussing relevant
				goals and objectives together with the employee, communicating and discussing
				progress relative to performance goals and objectives and conducting
				performance appraisals;
								(ii)mentoring and motivating employees
				and improving employee performance and productivity;
								(iii)effectively managing employees
				with unacceptable performance; and
								(iv)otherwise carrying out the duties
				or responsibilities of a supervisor;
								(B)a program to provide interactive
				instructor-based training to supervisors on the prohibited personnel practices
				under section 2302 (particularly with respect to such practices described under
				subsection (b) (1) and (8) of that section) and the procedures and processes
				used to enforce employee rights; and
							(C)a program under which experienced
				supervisors mentor new supervisors by—
								(i)transferring knowledge in areas
				such as communication, critical thinking, responsibility, flexibility,
				motivating employees, and teamwork; and
								(ii)pointing out strengths and areas
				for development.
								(c)(1)Not later than 1 year
				after the date on which an individual is appointed to the position of
				supervisor, that individual shall be required to have completed each program
				established under subsection (b)(2).
							(2)After completion of a program under
				subsection (b)(2) (A) and (B), each supervisor shall be required to complete a
				program under subsection (b)(2) (A) and (B) at least once during each 3-year
				period.
							(3)Each program established under
				subsection (b)(2) shall include provisions under which credit shall be given
				for periods of similar training previously completed.
							(d)Notwithstanding
				section 4118(c), the Office of Personnel Management shall prescribe regulations
				to carry out this section, including the monitoring of agency compliance with
				this
				section.
						.
				(b)RegulationsNot
			 later than 180 days after the date of enactment of this Act, the Office of
			 Personnel Management shall prescribe regulations in accordance with subsection
			 (d) of section 4121 of title 5, United States Code, as added by subsection (a)
			 of this section.
			(c)Effective date
			 and application
				(1)In
			 generalThe amendments made by this section shall take effect 180
			 days after the date of enactment of this Act and apply to—
					(A)each individual
			 appointed to the position of a supervisor, as defined under section 4121(a) of
			 title 5, United States Code, (as added by subsection (a) of this section) on or
			 after that effective date; and
					(B)each individual
			 who is employed in the position of a supervisor on that effective date as
			 provided under paragraph (2).
					(2)Supervisors on
			 effective dateEach individual who is employed in the position of
			 a supervisor on the effective date of this section shall be required to—
					(A)complete each
			 program established under section 4121(b)(2) of title 5, United States Code (as
			 added by subsection (a) of this section), not later than 3 years after the
			 effective date of this section; and
					(B)complete programs
			 every 3 years thereafter in accordance with section 4121(c) (2) and (3) of such
			 title.
					3.Management
			 competency standards
			(a)In
			 generalChapter 43 of title 5, United States Code, is
			 amended—
				(1)by redesignating
			 section 4305 as section 4306; and
				(2)inserting after
			 section 4304 the following:

						4305.Management
				competency standards
							(a)In this section,
				the term supervisor means—
								(1)a supervisor as
				defined under section 7103(a)(10);
								(2)a management
				official as defined under section 7103(a)(11); and
								(3)any other
				employee as the Office of Personnel Management may by regulation
				prescribe.
								(b)The Office of
				Personnel Management shall issue guidance to agencies on standards supervisors
				are expected to meet in order to effectively manage, and be accountable for
				managing, the performance of employees.
							(c)Each agency
				shall—
								(1)develop standards
				to assess the performance of each supervisor and in developing such standards
				shall consider the guidance developed by the Office of Personnel Management
				under subsection (b) and any other qualifications or factors determined by the
				agency;
								(2)assess the
				overall capacity of the supervisors in the agency to meet the guidance
				developed by the Office of Personnel Management issued under subsection (b);
				and
								(3)develop and
				implement a supervisor training program to strengthen issues identified during
				such assessment.
								(d)Every year, or on
				any basis requested by the Director of the Office of Personnel Management, each
				agency shall submit a report to the Office on the progress of the agency in
				implementing this
				section.
							.
				(b)Technical and
			 conforming amendments
				(1)Table of
			 sectionsThe table of sections for chapter 43 of title 5, United
			 States Code, is amended by striking the item relating to section 4305 and
			 inserting the following:

							4305. Management competency
				standards.
							4306.
				Regulations.

						.
				(2)ReferenceSection
			 4304(b)(3) of title 5, United States Code, is amended by striking
			 section 4305 and inserting section 4306.


116 HR 2564 IH: Medicare Enrollment Protection Act
U.S. House of Representatives
2019-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2564IN THE HOUSE OF REPRESENTATIVESMay 7, 2019Mr. Schrader (for himself, Mr. Bilirakis, Mr. Thompson of California, and Mr. Buchanan) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for a special enrollment period under
			 Medicare for individuals enrolled in COBRA continuation coverage, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Medicare Enrollment Protection Act. 2.Treatment under Medicare of individuals transitioning from COBRA continuation coverage (a)Special enrollment period for individuals enrolled in COBRA continuation coverageSection 1837(i) of the Social Security Act (42 U.S.C. 1395p(i)) is amended by adding at the end the following new paragraph:

					(5)
 (A)In the case of an individual who— (i) (I)at the time the individual first satisfies paragraph (1) or (2) of section 1836, is enrolled in COBRA continuation coverage (as defined in subparagraph (D)); or
 (II)is enrolled in COBRA continuation coverage (and made such enrollment after attaining 65 years of age) and immediately prior to such enrollment was an individual described in paragraph (1) or (2) of this subsection; and
 (ii)has elected not to enroll (or to be deemed enrolled) under this section during the individual’s initial enrollment period;
 there shall be a special enrollment period described in subparagraph (B).(B)The special enrollment period referred to in subparagraph (A) is the period that includes each month during any part of which the individual is enrolled in COBRA continuation coverage.
 (C)An individual may only enroll during the special enrollment period provided under subparagraph (B) one time during the individual’s lifetime.
 (D)For purposes of this paragraph, the term COBRA continuation coverage means continuation coverage— (i)under a COBRA continuation provision (as defined in section 2791(d)(4) of the Public Health Service Act);
 (ii)pursuant to section 8905a of title 5, United States Code; or (iii)under a similar State program that provides comparable continuation coverage..
 (b)Coverage period for individuals transitioning from COBRA continuation coverageSection 1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) is amended— (1)by striking pursuant to section 1837(i)(3) or 1837(i)(4)(B) and inserting the following:

 pursuant to—(1)section 1837(i)(3) or 1837(i)(4)(B)—; (2)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the indentation of each such subparagraph 2 ems to the right;
 (3)by striking the period at the end of the subparagraph (B), as so redesignated, and inserting ; or; and (4)by adding at the end the following new paragraph:

 (2)section 1837(i)(5), the coverage period shall begin on the first day of the month following the month in which the individual so enrolls..
 (c)No increase in premiumSection 1839(b) of such Act (42 U.S.C. 1395r(b)) is amended— (1)in the first sentence, by inserting , (i)(5), after subsection (i)(4); and
 (2)in the second sentence, by inserting before the period at the end the following: or months for which the individual can demonstrate that the individual was enrolled in COBRA continuation coverage (as such term is defined in section 1837(i)(5)(D))..
 (d)Updating COBRA continuation coverage notificationsThe Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall update the COBRA continuation coverage election notice and COBRA continuation coverage general notice required under section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) to be given by an employer to an employee eligible for COBRA continuation coverage to include an explanation of how the Medicare secondary payer rules under section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) apply with respect to COBRA continuation coverage.
 (e)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to periods of COBRA continuation coverage beginning on or after such date.


115 HRES 767 IH: Directing the Chief Administrative Officer of the House of Representatives to enter into contracts with nationally- or regionally-known franchises for the provision of food services in the cafeteria of the Longworth House Office Building in a food court setting.
U.S. House of Representatives
2018-03-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS2d SessionH. RES. 767IN THE HOUSE OF REPRESENTATIVESMarch 7, 2018Mr. Farenthold submitted the following resolution; which was referred to the Committee on House AdministrationRESOLUTIONDirecting the Chief Administrative Officer of the House of Representatives to enter into contracts
			 with nationally- or regionally-known franchises for the provision of food
			 services in the cafeteria of the Longworth House Office Building in a food
			 court setting.

		1.Food service contracts with franchises for Longworth House Office Building cafeteria
 The Chief Administrative Officer of the House of Representatives shall ensure that all food services provided in the cafeteria of the Longworth House Office Building are provided under contracts entered into by the Chief Administrative Officer with nationally- or regionally-known food service franchises under which a variety of cuisines are provided to customers in a food court setting.