109 HR 4821 IH: Solid Waste Environmental Regulation Clarification Affecting Railroads Act of 2006
U.S. House of Representatives
2006-02-28
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
109th CONGRESS
2d Session
H. R. 4821
IN THE HOUSE OF REPRESENTATIVES

February 28, 2006
Mr. Pallone (for himself, Mr. LoBiondo, Mr. Saxton, Mr. Andrews, Mr. Payne, and Mr. Hinchey) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend section 10501 of title 49, United States Code, to exclude solid waste disposal from the jurisdiction of the Surface Transportation Board.

1.Short titleThis Act may be cited as the Solid Waste Environmental Regulation Clarification Affecting Railroads Act of 2006.
2.Amendments to exclude solid waste disposal from the jurisdiction of the Surface Transportation BoardSection 10501 of title 49, United States Code, is amended—
(1)in subsection (b)(2), by inserting except for solid waste management facilities (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)), after facilities,; and
(2)in subsection (c)(2)—
(A)by striking over mass and inserting the following:
over—
(A)mass; and
(B)by striking the period at the end and inserting the following:
; or
(B)the processing or sorting of solid waste..


113 SRES 211 ATS: Designating September 2013 as National Spinal Cord Injury Awareness Month.
U.S. Senate
2013-07-31
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.

		III
		113th CONGRESS
		1st Session
		S. RES. 211
		IN THE SENATE OF THE UNITED STATES

			July 31, 2013
			Mr. Rubio (for himself
			 and Mr. Nelson) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Designating September 2013 as
		  National Spinal Cord Injury Awareness Month.

		Whereas the estimated 1,275,000 individuals in the United
			 States who live with a spinal cord injury cost society billions of dollars in
			 health care costs and lost wages;
		Whereas an estimated 100,000 of those people are veterans
			 who suffered the spinal cord injury while serving as members of the Armed
			 Forces of the United States;
		Whereas accidents are the leading cause of spinal cord
			 injuries;
		Whereas motor vehicle crashes are the second leading cause
			 of spinal cord and traumatic brain injuries;
		Whereas 70 percent of all spinal cord injuries that occur
			 in children under the age of 18 are a result of motor vehicle accidents;
		Whereas every 48 minutes a person will become paralyzed,
			 underscoring the urgent need to develop new neuroprotection, pharmacological,
			 and regeneration treatments to reduce, prevent, and reverse paralysis;
			 and
		Whereas increased education and investment in research are
			 key factors in improving outcomes for victims of spinal cord injuries,
			 improving the quality of life of victims, and ultimately curing paralysis: Now,
			 therefore, be it

		That the Senate—
			(1)designates
			 September 2013 as National Spinal Cord Injury Awareness
			 Month;
			(2)supports the
			 goals and ideals of National Spinal Cord Injury Awareness Month;
			(3)continues to
			 support research to find better treatments, therapies, and a cure for
			 paralysis;
			(4)supports clinical
			 trials for new therapies that offer promise and hope to those persons living
			 with paralysis; and
			(5)commends the
			 dedication of local, regional, and national organizations, researchers,
			 doctors, volunteers, and people across the United States that are working to
			 improve the quality of life of people living with paralysis and their
			 families.


114 HR 1201 IH: Combat Human Trafficking Act of 2015
U.S. House of Representatives
2015-03-02
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
114th CONGRESS
1st Session
H. R. 1201
IN THE HOUSE OF REPRESENTATIVES

March 2, 2015
Ms. Granger (for herself, Ms. Bass, and Mr. Poe of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To combat human trafficking.

1.Short titleThis Act may be cited as the Combat Human Trafficking Act of 2015. 2.Reducing demand for sex trafficking; lower mens rea for sex trafficking of underage victims (a)Clarification of range of conduct punished as sex traffickingSection 1591 of title 18, United States Code, is amended—
(1)in subsection (a)(1), by striking or maintains and inserting maintains, patronizes, or solicits; (2)in subsection (b)—
(A)in paragraph (1), by striking or obtained and inserting obtained, patronized, or solicited; and (B)in paragraph (2), by striking or obtained and inserting obtained, patronized, or solicited; and
(3)by striking subsection (c) and inserting the following:  (c)In a prosecution under subsection (a)(1), the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person recruited, enticed, harbored, transported, provided, obtained, maintained, patronized, or solicited had not attained the age of 18 years..
(b)Definition amendedSection 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking or obtaining and inserting obtaining, patronizing, or soliciting. (c)Minimum period of supervised release for conspiracy To commit commercial child sex traffickingSection 3583(k) of title 18, United States Code, is amended by inserting 1594(c), after 1591,.
3.Bureau of Justice Statistics report on State enforcement of sex trafficking prohibitions
(a)DefinitionsIn this section— (1)the terms commercial sex act, severe forms of trafficking in persons, State, and Task Force have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
(2)the term covered offense means the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons; and (3)the term State law enforcement officer means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(b)ReportThe Director of the Bureau of Justice Statistics shall— (1)prepare an annual report on—
(A)the rates of— (i)arrest of individuals by State law enforcement officers for a covered offense;
(ii)prosecution (including specific charges) of individuals in State court systems for a covered offense; and (iii)conviction of individuals in State court systems for a covered offense; and
(B)sentences imposed on individuals convicted in State court systems for a covered offense; and (2)submit the annual report prepared under paragraph (1) to—
(A)the Committee on the Judiciary of the House of Representatives; (B)the Committee on the Judiciary of the Senate;
(C)the Task Force; (D)the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)); and
(E)the Attorney General. 4.Law enforcement officers, prosecutors, and judges (a)DefinitionsIn this section—
(1)the terms commercial sex act, severe forms of trafficking in persons, and State have the meanings given those terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (2)the term covered offender means an individual who obtains, patronizes, or solicits a commercial sex act involving a person subject to severe forms of trafficking in persons;
(3)the term Federal law enforcement officer has the meaning given the term in section 115 of title 18, United States Code; (4)the term local law enforcement officer means any officer, agent, or employee of a unit of local government authorized by law or by a local government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; and
(5)the term State law enforcement officer means any officer, agent, or employee of a State authorized by law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (b)Training (1)Law enforcement officersThe Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice, including each anti-human trafficking training program for Federal, State, or local law enforcement officers, includes technical training on—
(A)effective methods for investigating and prosecuting covered offenders; and (B)facilitating the provision of physical and mental health services by health care providers to persons subject to severe forms of trafficking in persons.
(2) Federal prosecutorsThe Attorney General shall ensure that each anti-human trafficking program operated by the Department of Justice for United States attorneys or other Federal prosecutors includes training on seeking restitution for offenses under chapter 77 of title 18, United States Code, to ensure that each United States attorney or other Federal prosecutor, upon obtaining a conviction for such an offense, requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution. (3)JudgesThe Federal Judicial Center shall provide training to judges relating to the application of section 1593 of title 18, United States Code, with respect to ordering restitution for victims of offenses under chapter 77 of such title.
(c)Policy for Federal law enforcement officersThe Attorney General shall ensure that Federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of covered offenders. 5.Wiretap authority for human trafficking violationsSection 2516 of title 18, United States Code, is amended—
(1)in paragraph (1)(c)— (A)by inserting before section 1591 the following: section 1581 (peonage), section 1584 (involuntary servitude), section 1589 (forced labor), section 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),; and
(B)by inserting before section 1751 the following: section 1592 (unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor),; and (2)in paragraph (2), by inserting human trafficking, child sexual exploitation, child pornography production, after kidnapping,.
6.Strengthening crime victims' rights
(a)Notification of plea agreement or other agreementSection 3771(a) of title 18, United States Code, is amended by adding at the end the following:  (9)The right to be informed in a timely manner of any plea agreement or deferred prosecution agreement..
(b)Appellate review of petitions relating to crime victims' rights
(1)In generalSection 3771(d)(3) of title 18, United States Code, is amended by inserting after the fifth sentence the following: In deciding such application, the court of appeals shall apply ordinary standards of appellate review.. (2)ApplicationThe amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act.


115 S2596 IS: FAFSA Fairness Act of 2018
U.S. Senate
2018-03-22
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.

II115th CONGRESS2d SessionS. 2596IN THE SENATE OF THE UNITED STATESMarch 22, 2018Mr. Cardin (for himself and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Higher Education Act of 1965 to amend the process by which students with certain
			 special circumstances apply for Federal financial aid.

 1.Short titleThis Act may be cited as the FAFSA Fairness Act of 2018. 2.Changes to the FAFSA for certain studentsSection 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended—
 (1)in subsection (h)(1), by inserting the following before the semicolon: , including the special circumstances under which a student may qualify for a determination of independence; and
 (2)by adding at the end the following:  (i)Provisional Independent Students (1)Requirements for the SecretaryThe Secretary shall—
 (A)enable each student who, based on the special circumstance specified in subsection (h)(1), may qualify for an adjustment under section 479A that will result in a determination of independence under such section and section 480(d)(1)(I), to complete the forms developed by the Secretary under subsection (a) as an independent student for the purpose of an initial determination of the student’s Federal financial aid award by a financial aid administrator at an institution of higher education to which the student is applying for financial aid, but subject to verification under paragraph (2)(B) for the purpose of the final determination of the award; and
 (B)specify, on the forms, the consequences under section 490(a) of knowingly and willfully completing the forms as an independent student under subparagraph (A) without meeting the special circumstances to qualify for such a determination.
 (2)Requirements for financial aid administratorsWith respect to a student who completes the forms as an independent student under paragraph (1)(A), a financial aid administrator shall—
 (A)provide an initial determination of the student’s Federal financial aid award to the student in the same manner as, and by not later than the date that, the administrator provides other independent students their initial determinations of Federal financial aid awards; and
 (B)in making a final determination of the student’s Federal financial aid award, use the discretion provided under sections 479A and 480(d)(1)(I) to verify whether the student meets the special circumstances to qualify as an independent student.
 (3)DefinitionFor purposes of this subsection, the term other independent students means students— (A)who meet the definition of independent under section 480(d)(1); and
 (B)whose independent status is not subject to verification by a financial aid administrator under paragraph (2)(B)..


116 HR 8954 IH: Seasonal Worker Solidarity Act of 2020
U.S. House of Representatives
2020-12-14
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 CONGRESS2d SessionH. R. 8954IN THE HOUSE OF REPRESENTATIVESDecember 14, 2020Mr. Castro of Texas (for himself, Ms. Judy Chu of California, Ms. Bass, Ms. Sánchez, Ms. Jayapal, Mr. Levin of Michigan, Ms. DeLauro, and Mr. Pocan) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo reform the process by which temporary nonagricultural workers’ visas are allocated, and for other purposes.1.Short titleThis Act may be cited as the Seasonal Worker Solidarity Act of 2020.2.H–2B workers(a)In generalThe Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 218 the following:218A.Admission of H–2B workers(a)Nationwide recruitment(1)In generalThe Secretary of Labor shall require employers to conduct recruitment activities nationwide and consider, without prejudice, applications from workers and labor organizations in any region, including all of the States and territories of the United States, consistent with the requirements in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act. The Secretary shall coordinate with State Workforce Agencies to conduct concerted recruitment in any State or metropolitan statistical areas designated by the Secretary of Labor as a Labor Surplus Area.(2)Disaster response workers(A)Disaster response priority for displaced workersAny worker authorized to work in the United States who is displaced as a result of a local, State, or nationally declared disaster shall be given priority for employment as a temporary nonagricultural worker.(B)Supplemental informationEmployers seeking to hire temporary nonagricultural workers for disaster response shall submit to the Secretary of Labor a supplemental worksheet detailing the health and safety training plan and equipment to be provided to temporary nonagricultural workers to ensure health and safety of such workers in impacted geographical areas.(C)Plan approvalThe Secretary of Labor may not issue a labor certification unless the Secretary approves the plan to adequately protect workers in declared disaster areas submitted under this paragraph.(b)Advisory committeeIn accordance with the provisions of the Federal Advisory Committee Act, the Secretary of Labor shall establish an advisory committee not later than 5 months after the date of enactment of the Seasonal Worker Solidarity Act of 2020, whose membership shall consist of representatives from the Department of Labor, State Workforce Agencies, and labor organizations, and organizations advocating for workers in relevant industries. The advisory committee shall meet on a periodic basis and shall advise the Secretary of Labor on issues related to improving recruitment of United States workers and the development, testing, and implementation of the recruitment platform described in subsection (c) and the prevention of discrimination in the recruitment, hiring, and treatment of temporary nonagricultural workers. Not later than 18 months after the date on which the advisory committee hold its initial meeting, the committee shall submit to the Secretary of Labor and Congress a report on issues related to improving recruitment of United States workers and the development, testing, and implementation of the recruitment platform and the prevention of discrimination in the recruitment, hiring, and treatment of temporary nonagricultural workers.(c)Recruitment platform(1)CreationNot later than 90 days after the date of enactment of the Seasonal Worker Solidarity Act of 2020, the Secretary of Labor shall create and make available on the Department of Labor website a centralized, national electronic seasonal and temporary job search and worker recruitment platform (in this section referred to as the recruitment platform) for employment opportunities for which employers are seeking authorization to hire H–2B workers.(2)PurposeThe recruitment platform shall allow applicants to submit applications for available positions electronically to—(A)facilitate the nationwide recruitment of United States workers; and(B)provide transparency about United States employment opportunities for job seekers outside of the United States.(3)NotificationThe Secretary of Labor shall create a mechanism by which the public, job seekers, State Workforce Agencies, labor unions, and other organizations are able to receive electronic notification within 24 hours when job orders in relevant industries and regions are posted to the website.(4)RegistrationAn employer seeking to recruit temporary nonagricultural workers shall register on the recruitment platform and job orders on the recruitment platform may only be posted by such registered employers.(5)ArchivesJob orders shall remain publicly accessible for a period of at least 5 years after the original posting date.(d)Public responseThe Secretary of Labor, in consultation with the Secretary of Homeland Security, shall develop a streamlined process for labor organizations, and organizations advocating for workers in relevant industries, to publicly challenge an employer’s claim of temporary need, wage rates, job requirements posted to the recruitment platform, or any other employment issue related to temporary nonagricultural workers.(e)Employer certificationWhen registering on the recruitment platform, an employer shall certify compliance with each of the following:(1)Safe and fair workplace(A)In generalThe employer shall, in addition to all other certifications required by the Secretary of Labor meet the following requirements:(i)Legal complianceThe employer shall comply with Federal law and any applicable State law, or local law or ordinance, and recognize any labor organization that provides evidence of support from a majority of the workforce.(ii)Workers’ compensationThe employer shall provide workers’ compensation insurance coverage in compliance with State law covering injury and disease arising out of and in the course of the worker’s employment. If the type of employment for which the certification is sought is not covered by or is exempt from the State’s workers’ compensation law, the employer shall provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker’s employment that shall provide benefits at least equal to those provided under the State workers’ compensation law for other comparable employment. (iii)Conditions of employmentThe employer shall offer the same terms and conditions of employment whether the workers hired to fill posted positions are recruited domestically or from abroad.(B)PenaltyThe National Labor Relations Board shall, within 2 weeks of employer registration, review relevant records to verify employer compliance with this paragraph over the previous 5-year period. An employer who has failed to comply shall be subject to a 2-year suspension from the H–2B program and the use of the recruitment platform.(2)Posting(A)In generalThe employer shall post job orders on the recruitment platform for 60 days before applying for an H–2B labor certification. Any United States applicant who applies for a job on the recruitment platform may only be rejected for job-related reasons and those found by the Secretary of Labor to have been rejected on any other basis shall be hired. Each employer shall retain records of all hired workers and rejected applicants for 5 years. (B)LanguageThe following are requirements with respect to job order postings on the recruitment platform:(i)In the case of any employer whose workforce is comprised of a significant portion of workers who are not literate in English, such employer shall provide the job order posting in a language in which the employees are literate.(ii)The Secretary of Labor shall post all job orders prepared by employers in English, Spanish, and such other language as the Secretary may determine necessary on their website.(C)FormatEach job order shall be posted in a standard format, developed by the Secretary of Labor, which shall include such terms and conditions of employment as the Secretary may require, including—(i)the States and locations in which workers will be employed and information that is searchable and shareable in an electronic format;(ii)wages, hours, working conditions, worksite, and other benefits of employment that the Secretary of Labor, in consultation with State Workforce Agencies, determines are in compliance with requirements of Federal, State, and local law; and(iii)official forms submitted by prospective H–2B employers to secure labor certification and prevailing wage determinations, including any approvals thereof by the Secretary of Labor.(3)Union applicantsThe employer shall consider applicants or groups of applicants put forward by United States labor organizations and organizations advocating for workers in relevant industries that have qualified members available for posted job orders. The employer shall recognize the union training credentials of members of United States labor unions who come from abroad and such members shall be eligible for H–2B visas that are exempt from annual numerical limitations.(4)Worker qualifications(A)In generalThe employer shall hire workers who meet the minimum qualifications for a position, and shall not impose unnecessary experience or educational requirements of applicants, and shall not require criminal background checks, unless otherwise required by law for the specific position.(B)Positions requiring little or no experienceIn the case that the Secretary of Labor determines that a position is in an Occupational Information Network Job Zone One occupation requiring little or no prior training or experience, the Secretary shall not permit an employer to require prior training or experience for the position.(5)Wage ratesThe salaries paid to H–2B workers shall be set at rates that do not adversely affect the local or national average wages in the occupations of employment or otherwise negatively impact the working conditions and benefits of workers in the United States who are similarly employed.(6)Minimum work hoursThe employer shall guarantee that temporary nonagricultural workers are paid for at least the number of hours stipulated on the job order, and not less than 40 hours per week.(7)Transportation and housingThe employer shall provide transportation and offer housing for any temporary nonagricultural workers hired to fill posted job orders as follows:(A)Transportation(i)Transportation to and from place of employmentThe employer shall provide transportation and subsistence for each temporary nonagricultural worker to travel from the worker’s place of permanent residence to the place of employment and back at no cost to the worker.(ii)Transportation between living quarters and worksiteThe employer shall provide daily round-trip transportation between living quarters and worksite at no cost to workers, whether or not the housing is employer provided.(iii)Employer-provided transportationAll employer-provided transportation shall comply with all applicable Federal, State, or local laws and regulations, and shall meet all relevant transportation safety standards, driver licensure, and vehicle insurance requirements.(iv)Employer-reimbursed transportationNotwithstanding clauses (i), (ii), and (iii), in lieu of providing transportation to a temporary nonagricultural worker, an employer may reimburse a such worker for transportation if such reimbursement is made not later than 5 business days after receipt of written documentation of the worker’s transportation costs.(B)Housing(i)Obligation to provide housingThe employer shall provide housing at no cost to temporary nonagricultural workers who seek such housing and H–2B workers. Housing shall meet the following criteria:(I)Housing standardsEmployer-provided housing may be owned or rented by the employer and shall meet Federal temporary housing regulations and comply with all other applicable Federal, State, or local laws and regulations and meet all relevant Occupational Safety and Health Administration standards. The employer shall retain for at least 5 years any records documenting that the employer-provided housing is compliant with such laws, regulations, and standards.(II)Housing costs and feesIn a case in which the employer provides rented housing, housing fees shall be paid according to the following criteria:(aa)Rental costs and feesAny costs, including charges and fees for rental housing, shall be paid by the employer to the owner or operator of the housing. (bb)Deposit chargesNeither employers nor landlords may charge workers for bedding, furnishings, or other similar incidentals related to housing. An employer may require workers to reimburse the employer for damage for which they are responsible and which is not the result of normal wear and tear related to habitation.(cc)Charges for public housingIf the employer secures public housing for temporary nonagricultural workers under the auspices of a local or State government, the employer shall pay any charges normally required for use of the public housing units directly to the housing's management.(ii)Family housingFamily housing shall be made available to spouses and dependents of temporary nonagricultural workers who request it, and employers should inform temporary nonagricultural workers at the time of hire of the right to make such a request.(8)RecordsThe employer shall maintain certified payroll records, which shall be made available to the Department of Labor, workers and the designees of such workers upon request. Such records shall not be subject to the Freedom of Information Act and shall be maintained by an employer for five calendar years after the last date of employment. The employer shall issue pay statements in both a paper and electronic format to workers that clearly enumerate wage rates, hours, and all deductions and identify the legal name, business address, and Federal employer identification number of the employer. H–2B wages shall be paid by the employer who submits the labor certification application.(9)Direct employmentA registered employer shall employ temporary nonagricultural workers directly and not place H–2B workers under the direct or indirect supervision of a third party employer, agency, or contractor. Subcontracting of H–2B workers is prohibited.(10)Hiring H–2B workersBefore hiring H–2B workers and after at least 60 days of domestic recruitment on the national recruitment platform, the employer shall—(A)attest to a shortage of workers in the local surrounding areas and across the United States; and(B)at the time of recruitment and upon hire, provide H–2B workers with a written notice, in a language that the worker understands, that identifies the job classification, describes duties, compensation, hours, all relevant terms of employment, housing, and transportation and information on applicable labor and employment rights, including the right to form or join a labor organization under the National Labor Relations Act.(11)Supply chain disclosure and requirements(A)In generalThe employer shall disclose the entire recruitment supply chain, including any recruiters or foreign or domestic labor contractors and subagent local recruiters involved in securing workers for job postings and any funding sources for the work to be provided, including both public and private contracts.(B)Joint and several liabilityThe employer shall be jointly and severally liable for the actions of any recruiters or foreign or domestic labor contractors involved in or acting on behalf of the employer in securing workers for job postings. (C)Written verificationsThe employer shall obtain and submit to the Secretary of Labor written certifications that any and all recruiters or foreign or domestic labor contractors in the supply chain shall—(i)engage in non-discriminatory hiring practices;(ii)at the time of recruitment and in a language the workers understand, provide workers with posted job orders and terms and conditions of employment;(iii)not charge fees of any kind to any applicant or job seeker, including in the form of loans, deductions, or kickbacks; and(iv)not engage in forms of retaliation, including blacklisting.(f)Published attestationsEmployer attestations and data disclosures made pursuant to this section shall be made publicly available on the national job search and worker recruitment platform immediately upon being entered into the system.(g)Non-Discrimination and Wage Equity(1)Application review(A)In generalIn order to prevent adverse effects on the wages of United States workers, employers shall offer and pay United States workers and H–2B workers the highest of—(i)the mean of the wages of workers similarly employed in the area of intended employment using the wage component of the Bureau of Labor Statistics Occupational Employment Statistics Survey; (ii)200 percent of the Federal minimum wage;(iii)any collectively bargained wage and fringe rates for the broad occupational category within each State of employment;(iv)wage and fringe benefit rates applicable to similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (known as the Davis-Bacon Act); and(v)any wage and fringe benefit rates for the occupation established by chapter 67 of title 41 (known as the McNamara-O’Hara Service Contract of 1965).(B)Occupation designationFor purposes of this paragraph, the term occupation does not include an occupation that is a subset of a Standard Occupational Classification or a Department of Labor approved Occupational Information Network subclassification if such subset or subclassification would result in an average wage that is lower than the average wage in the Standard Occupational Classification from which the subset or subclassification is derived. (2)Wage surveysThe Secretary of Labor may only consider Federal data sources and may not permit the use of private wage surveys or wage surveys conducted by State or local public agencies or private entities to establish the mean wage for an occupation under paragraph (1)(A)(i).(3)Labor certificationsPrior to approving a labor certification, the Secretary of Labor shall—(A) cross reference each employer applicant with relevant Department of Labor databases, including the Equal Employment Opportunity Commission database, and National Labor Relations Board databases to determine whether a labor dispute or investigation is ongoing; and(B)in the event of an ongoing labor dispute or investigation, implement supplemental measures to prevent abuses of temporary nonagricultural workers, including onsite visits, interviewing workers, requiring additional safety measures, and denying certifications when appropriate.(4)AuditEvery fiscal year, the Secretary of Labor shall conduct random audits of not less than 5 percent of all H–2B employers and not less than 50 percent of all employers employing more than 50 H–2B workers. The Secretary of Labor shall give priority to the audit of employers with a workforce in which at least 15 percent of workers have H–2B status. The audits shall assess—(A)whether the employer is engaging in criminal background checks that are not otherwise required by a Federal, State, or local law;(B)whether experience requirements are reasonable for the indicated Occupational Information Network level and commensurate with the advertised position, and whether such requirements are used to screen out applicants based on their race, age, national origin, disability, genetic information, religious belief, or sex, including sexual orientation or gender identity;(C)whether an employer’s hiring practices are having a disparate impact on employees;(D)whether an employer is adhering to the terms of the job order, employment contract, or collective bargaining agreement and has paid the promised wage rates listed on the labor certification and petition for an H–2B worker, as well as any other applicable overtime hours, fringe benefits, or bonuses;(E)whether the employer has engaged in retaliation; (F)whether the employer has committed or is being investigated for any other violations of labor and employment law;(G)whether housing and transportation provided to temporary nonagricultural workers meets all relevant standards; and(H)whether recruiters designated by the H–2B employers are in compliance with labor and employment laws.(5)OversightThe Secretary of Labor shall conduct active and ongoing oversight of the recruitment platform, registered employers, and the H–2B program to ensure that—(A)there is no adverse effect on wages and working conditions;(B)United States workers and H–2B workers receive equal treatment;(C)any application for labor certification that does not meet the requirements of this section is denied;(D)action is taken based on the audits conducted pursuant to paragraph (4), including—(i)the initiation of civil or criminal proceedings where appropriate;(ii)the identification of and public reporting of recurring challenges for women and other protected classes and underrepresented groups seeking temporary nonagricultural employment; and(iii)the initiation process for suspension or permanent debarment of employers where appropriate.(6)Equal opportunity advocateThe Secretary of Labor shall create an H–2B Equal Opportunity Advocate position to investigate, report on, and address any challenges identified under paragraph (4)(B). The Equal Opportunity Advocate shall report to and consult with the Advisory Committee.(h)Visa Allocation(1)DurationIn order to be eligible for the H–2B program, a job order may not exceed a term of 7 months.(2)Quarterly allocationEvery quarter of the fiscal year, the Secretary of Homeland Security shall make available one-fourth of all H–2B petitions subject to the annual numerical limit. Any unused H–2B petition numbers shall roll over to the following quarter in the same fiscal year, but shall not roll over to the following fiscal year.(3)Cap per employerAn employer may not employ more than 100 H–2B workers, including any workers hired by a subcontractor of the employer, at any time.(4)Limitations on H–2B share of a workforceIf an employer employs 50 or more workers in the United States, the sum of the number of such workers who are H–2B workers may not exceed 50 percent of the total number of workers employed.(5)PriorityIn a case in which demand for visas exceeds supply in any given quarter, the Secretary of Homeland Security shall give priority in visa issuance to employers that—(A)pay wages at the 75th percentile or above based on Department of Labor survey data or collectively bargained wages or Davis Bacon wages;(B)are seeking to employ H–2B workers on worksites located in States with exceptionally low unemployment rates;(C)are hiring returning workers previously employed in H–2B nonimmigrant status or workers from underrepresented groups (based on gender, country of origin, or occupation); or(D)have less than 15 percent of their workforce in the United States comprised of H–2B workers.(i)AssessmentThe Secretary of Labor shall assess a fee on each employer to fund the labor certification process at such amount as may be necessary to support effective processing by the Department of Labor, and meaningful investigation and enforcement of worker protections, and may update the fee as necessary to meet the requirement. The Secretary of Homeland Security shall have the authority to assess and periodically update fees on each employer for the processing and adjudication of petitions in order to support effective processing and adjudication, if and when the Secretary determines that the fees are insufficient for doing so. (j)Limitation on assignmentEmployers shall not assign H–2B workers to a worksite other than the worksite stipulated on an employer’s original job order without obtaining the workers’ consent and a new labor certification.(k)Employment authorizationsAn H–4 nonimmigrant spouse of an H–2B nonimmigrant shall be eligible to apply for employment authorization with the Secretary of Homeland Security but shall be prohibited from accepting employment with the same employer as the principal H–2B nonimmigrant. (l)Employer accountability(1)Use of other visa programsWithin any 2-year period, an employer of H–2B workers may not employ directly or through subcontractors, any workers in the same broad occupational category or industry through any other nonimmigrant visa program except those workers who are employed—authorized through a nonimmigrant visa issued for humanitarian or family purposes. Any employer found to have violated this paragraph shall be subject to a 2-year suspension from employing nonimmigrants or using the recruitment platform. (2)Fair pay and safe workplace(A)In generalIn the case that a registered employer is found to have violated the terms of this section, including the fair pay and safe workplaces commitment, the established prevailing wage under subsection (j)(2), or the provision on working conditions such registered employer and the principals, subsidiary, owner, or affiliated company of such registered employer shall be subject to a 2-year suspension from employing nonimmigrants or using the recruitment platform for the first violation and permanent debarment for subsequent violations.(B)RelianceIn making a determination under subparagraph (A), the Secretary of Labor or the Secretary of Homeland Security may rely on findings of a Federal, State, or local agency or court that an employer has violated Federal, State, or local employment laws.(3)Other violations(A)In generalAny employer of an H–2B worker, or the successor in interest of that employer, who is determined by the Secretary of Labor or the Secretary of Homeland Security to have committed a violation of this section at any time, including a misdemeanor or felony violation, shall be subject to immediate suspension.(B)RelianceIn making a determination under subparagraph (A), the Secretary of Labor or the Secretary of Homeland Security may rely on findings of a Federal, State, or local agency or court that an employer has violated Federal, State, or local employment laws.(4)Joint and several liabilityEmployers shall be jointly and severally liable for the actions of any recruiter and foreign labor contractor of the employer in violation of any H–2B regulation, requirement, or other labor or employment law.(5)Statute of limitationsThe commencement of a civil action shall be barred unless such action is commenced before the date that is 10 years after the right of action accrues.(m)Redress for workers(1)Private right of action and fee shiftingA temporary nonagricultural worker may bring a civil action before any district court of the United States, or other court having jurisdiction over the parties, against an employer or recruiter who violates any H–2B regulation, requirement, or other labor or employment law, or who retaliates against a worker who exercises the worker’s rights under this section, without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies. Any such employer shall be liable for back pay, unpaid wages, and other damages, including general, compensatory, and punitive damages, and reasonable attorneys’ fees. An employer may not require, as a condition of employment, mandatory arbitration of private claims. A waiver of any right created under this law shall be void and unenforceable.(2)Legal servicesH–2B workers shall be eligible to be represented by the Legal Services Corporation and service providers that are recipients of Legal Services Corporation funds.(3)Appointment of attorney and commencement of actionUpon application by a complainant and in such circumstances as the court may determine just, the court may appoint an attorney for such complainant and may authorize the commencement of the action.(n)Injunction authorityThe Attorney General may, on his or her own or at the request of the Secretary of Labor or the Secretary of Homeland Security, bring a civil action before any district court of the United States to seeking an order of injunction against any employer or recruiter who violates any H–2B regulation, requirement, or other labor or employment law, or who retaliates against a worker who exercises the worker’s rights under this section.(o)Rebuttable presumptionThere shall be a rebuttable presumption that a worker is the subject of retaliation if a worker exercises a protected right, assists in a labor agency investigation, or complains about working conditions and is not hired for another posted job for which the worker is qualified within 1 year after the end of the contract in which the worker was engaged when he or she exercised such right or complained about such condition.(p)National origin(1)In generalThe Secretary of Homeland Security, in consultation with the Secretary of State, shall—(A)on the date of enactment of this section, designate all countries as eligible for H–2B recruitment;(B)formulate and publish clear criteria for temporarily designating countries as ineligible after the date of enactment of this section; and(C)disclose reasons and evidence for temporarily designating a country as ineligible after the date of enactment of this section.(2)Judicial reviewThe temporary designation of a country as ineligible for H–2B recruitment shall be subject to judicial review.(q)Visa for accepted position(1)In generalThe Secretary of State shall issue a 7-month visa to a worker for each H–2B position the worker accepts.(2)ControlAn H–2B worker may self-petition to request a change of status to a new H–2B employer. An H–2B worker who notifies the Department of Labor of intent to change employers shall receive a 60-day grace period in which to secure a new position.(3)Recruitment feesEmployers shall be responsible for all fees associated with H–2B labor certifications, petitions, and visa applications. Employers may not collect a job placement fee or other compensation (either direct or indirect) at any time, including before or after a labor certification or petition have been approved, as a condition of employment of a temporary nonagricultural worker. (4)Unemployment periodAn alien with H–2B worker status may not be unemployed for more than a 60-day period, during which time the worker may apply for open positions on the H–2B jobs portal, and shall have priority for hiring before new H–2B applicants.(r)Country of origin violationsAn H–2B worker who experiences or reports, in the worker’s country of origin, retaliation or other violations of this section by a United States employer, or a recruiter or foreign labor contractor working on behalf of such employer, shall be eligible for parole for a period of not less than 2 years in order to return to the United States to seek legal redress.(s)State Workforce AgenciesThe Secretary of Labor shall allocate such funds as may be necessary to train State Workforce Agencies on the H–2B program and the recruitment platform so such agencies can assist with efforts to recruit available United States workers, including through engagement with any and all relevant labor organizations and organizations advocating for workers in relevant industries. In any State with more than 200 approved H–2B labor certifications, the State Workforce Agency shall prepare, in consultation with labor organizations and organizations advocating for workers in relevant industries, an annual plan to identify and address the barriers to employment, such as housing or transportation, that discourage unemployed or underemployed U.S. workers from applying for such jobs.(t)DefinitionsIn this section:(1)DiscloseThe term disclose means to make a formal or informal communication or transmission.(2)EmployThe term employ has the meaning given such term under section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)).(3)H–2B workerThe term H–2B worker means a nonimmigrant authorized or previously authorized to work in the United States pursuant to section 101(a)(15)(H)(ii)(B).(4)Labor contractorThe term labor contractor means any person, other than an employer, who is contracted to perform any recruitment activity on behalf of an employer, whether domestically or abroad.(5)Labor Surplus AreaThe term Labor Surplus Area is any area in which the unemployment rate is more than 6 percent or is at least 20 percent above the national unemployment rate. (6)Place of employmentThe term place of employment means the geographic location in which work occurs, and where the living quarters are located.(7)RecruiterThe term recruiter means any person, other than an employer, who performs any recruitment activity on behalf of an employer, whether domestically or abroad.(8)RecruitmentThe term recruitment means advertising, disseminating information, selection, placement into employment, housing and transport to and from place of permanent residence for temporary nonagricultural workers. The term applies to both jobseekers and those who are or were employed.(9)Temporary nonagricultural workerThe term temporary nonagricultural worker means an individual who is, has been, or is seeking to be employed in a position posted on the Department of Labor’s seasonal job search and recruitment platform, regardless of immigration status.(10)StateThe term State means any of the States of the United States, the District of Columbia, the United States Virgin Islands, the Commonwealth of Puerto Rico, and Guam.(11)WorkerThe term worker means an individual who is, has been, or is seeking to be employed or otherwise perform work for pay, regardless of immigration status.(12)WorksiteThe term worksite means the physical location of the job for which the worker is hired..(b)Numerical limitation conforming amendmentsSection 214(g)(10) of the Immigration and Nationality Act is amended—(1)by striking first 6 months and inserting every 3 months; and(2)by striking 33,000 and inserting 16,500.3.Victims of serious labor and employment violations or crime(a)Protection for victims of labor and employment violationsSection 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended—(1)in clause (i)—(A)by amending subclause (I) to read as follows:(I)the alien—(aa)has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii);(bb)has suffered substantial abuse or harm related to a violation described in clause (iv);(cc)is a victim of criminal activity described in clause (iii) and would suffer extreme hardship upon removal; or(dd)has suffered a violation described in clause (iv) and would suffer extreme hardship upon removal;;(B)in subclause (II), by inserting , or a labor or employment violation resulting in a workplace claim described in clause (iv) before the semicolon at the end;(C)in subclause (III)—(i)by striking or State judge, to the Service and inserting , State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board; and(ii)by inserting , or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause (iv) before the semicolon at the end; and(D)in subclause (IV)—(i)by inserting (aa) after (IV); and(ii)by adding at the end the following: or(bb)a workplace claim described in clause (iv) resulting from a labor or employment violation;;(2)in clause (ii)(II), by striking and at the end;(3)in clause (iii), by striking or at the end and inserting and; and(4)by adding at the end the following:(iv)in the labor or employment violation related to a workplace claim, the alien—(I)has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim or other qualifying crime (as defined in section 274A(e)(10)(C)(iii)(II)); and(II)reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the alien or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or.(b)Temporary protection for injured workers and victims of crime, labor, and employment violationsNotwithstanding any other provision of law, the Secretary of Homeland Security may permit an alien to temporarily remain in the United States, and grant the alien employment authorization, if the Secretary determines that the alien—(1)has filed for relief under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U));(2)(A)has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(iii)(II) of such Act, as added by section 3(b) of this Act); and(B)has been helpful, is being helpful, or is likely to be helpful to—(i)a Federal, State, or local law enforcement official;(ii)a Federal, State, or local prosecutor;(iii)a Federal, State, or local judge;(iv)the Department of Homeland Security;(v)the Equal Employment Opportunity Commission;(vi)the Department of Labor, including the Occupational Safety and Health Administration;(vii)the National Labor Relations Board;(viii)the head official of a State or local government department of labor, workforce commission, or human relations commission or council; or(ix)other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim; or(3)has filed a workers’ compensation claim or is undergoing treatment for a workplace injury or illness.(c)Requirements applicable to u visasSection 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended—(1)in paragraph (1)—(A)by inserting or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv) after section 101(a)(15)(U)(iii) each place such term appears;(B)by striking The petition and inserting the following:(A)In generalThe petition; and(C)by adding at the end the following:(B)FeesAn alien petitioning for, or having status under, section 101(a)(15)(U) shall not be required to submit any fee (or request any fee waiver) in connection with such petition or status, including fees associated with biometric services, or an application for advance permission to enter as a nonimmigrant.(C)Confidentiality of informationNeither the Secretary of Homeland Security, nor the Attorney General, may use the information furnished pursuant to a petition for status under section 101(a)(15)(U) for purposes of initiating or carrying out a removal proceeding.;(2)by striking paragraph (2); and(3)in paragraph (6)—(A)by inserting or workplace claims described in section 101(a)(15)(U)(iv) after described in section 101(a)(15)(U)(iii); and(B)by inserting or workplace claim after prosecution of such criminal activity.(d)Adjustment of status for victims of crimesSection 245(m)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended by inserting or an investigation or prosecution regarding a workplace claim after prosecution.(e)Change of nonimmigrant classificationSection 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(1)) is amended—(1)in subparagraph (E), by striking physical or mental abuse and the criminal activity and inserting abuse and the criminal activity or workplace claim;(2)in subparagraph (F), by adding or at the end; and(3)by inserting after subparagraph (F) the following:(G)the alien’s employer,.4.Whistleblower protections(a)In generalSection 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:(15)Whistleblower protections(A)ProhibitionsA person may not discharge, demote, suspend, threaten, harass, decline to hire, or in any other manner discriminate against a worker in the terms and conditions of employment because such worker—(i)has filed or has information about a potential complaint, instituted or caused to be instituted any proceeding, testified, assisted, or will testify, or cooperated or seeks to cooperate, in an investigation or other proceeding concerning compliance with the requirements under this title or any rule or regulation pertaining to this title or any workplace claim;(ii)has disclosed information to any other person or entity, that the worker reasonably believes evidences a violation of this title or any rule or regulation pertaining to this title, or grounds for any workplace claim;(iii)has assisted or participated, or has information that may assist, in any manner in a proceeding or in any other action to carry out the purposes of this title or any workplace claim;(iv)has furnished information to the Department of Labor, the Department of Homeland Security, the Department of Justice, the Equal Employment Opportunity Commission, the National Labor Relations Board, or any Federal, State, or local regulatory or law enforcement agency relating to a violation of this title or any workplace claim, or has such information to furnish to the relevant agency; or(v)has objected to, or refused to participate in, any activity, policy, practice, or assigned task that the worker (or other such individual) reasonably believed to be in violation of any provision of this Act or any other Act, or any order, rule, regulation, standard, or ban under any Act.(B)Enforcement(i)In generalA worker who believes that he or she has suffered a violation of subparagraph (A) may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 1514A of title 18, United States Code.(ii)Appeals(I)JurisdictionAny person adversely affected or aggrieved by an order issued under clause (i) may obtain review of the order in the United States Court of Appeals for—(aa)the circuit in which the violation, with respect to which the order was issued, allegedly occurred; or(bb)the circuit in which the complainant resided on the date of such violation.(II)Review of petitionA petition for review under this subparagraph shall be filed not later than 60 days after the date on which the final order was issued by the Secretary of Labor.(III)Applicable lawA review under this subparagraph shall conform to the provisions set forth in chapter 7 of title 5, United States Code.(IV)Stay of orderUnless ordered by the court, the commencement of proceedings under this subparagraph shall not operate as a stay of the order by the Secretary of Labor.(C)EducationEach person, entity, and institution covered by this Act shall—(i)prominently communicate to all sectors and ranks of its labor force the rights and responsibilities under this Act; and(ii)provide associated education and training to all sectors and ranks of its labor force through notifications, postings, mailings, and training classes, supplemented with publicly accessible online materials on the requirements of, and developments that would affect the implementation of this Act.(D)No limitation on rightsNothing in this paragraph may be construed to diminish the rights, privileges, or remedies of any worker under any Federal or State law, equity, or under any collective bargaining agreement. The rights and remedies set forth in this paragraph may not be waived by any agreement, policy, form, or condition of employment.(E)DefinitionsIn this paragraph:(i)DiscloseThe term disclose means to make a formal or informal communication or transmission.(ii)H–2B workerThe term H–2B worker means a nonimmigrant authorized or previously authorized to work in the United States pursuant to section 101(a)(15)(H)(ii)(B).(iii)Material witnessThe term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim.(iv)PersonThe term person means any individual, partnership, association, joint stock company, trust, cooperative, or corporation.(v)StateThe term State means any of the States of the United States, the District of Columbia, the United States Virgin Islands, the Commonwealth of Puerto Rico, and Guam.(vi)WorkerThe term worker means an individual who is, has been, or is seeking to be employed or otherwise perform work for pay, regardless of immigration status.(vii)Workplace claimThe term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to workplace injury or illness or to the violation of applicable Federal, State, and local labor laws or labor agreements, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, nondiscrimination, or other terms and conditions of employment..(b)RulemakingNot later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall make rules to carry out the amendments made under subsection (a).5.Investigation authority of the Secretary of LaborSection 503.7 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall have the full force and effect of law, except that any authority delegated to the Administrator of the Wage and Hour Division of the Department of Labor shall be deemed to be delegated to the Secretary of Labor.6.Labor enforcement actions(a)Removal proceedingsSection 239(e) of the Immigration and Nationality Act (8 U.S.C. 1229(e)) is amended—(1)in paragraph (1)—(A)by striking In cases where and inserting If; and(B)by inserting or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph (2); and(2)in paragraph (2), by adding at the end the following:(C)At a facility about which a workplace claim has been filed or is contemporaneously filed..(b)Unlawful employment of aliensSection 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by adding at the end the following:(10)Conduct in enforcement actions(A)Enforcement actionIf the Secretary of Homeland Security undertakes an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department of Homeland Security in retaliation against workers for exercising their rights related to a workplace claim, the Secretary shall ensure that—(i)any aliens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Secretary—(I)notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and(II)provides such agency with the opportunity to interview such aliens; and(ii)no aliens entitled to a stay of removal or abeyance of removal proceedings under this section are removed.(B)Protections for victims of crime, labor, and employment violations(i)Stay of removal or abeyance of removal proceedingsAn alien against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals, whichever is later, unless the Secretary of Homeland Security establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over that alien’s removal hearing, that the workplace claim was filed in bad faith with the intent to delay or avoid the alien’s removal.(ii)DurationAny stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause (i) shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals, and shall be extended by the Secretary of Homeland Security for a period of not longer than 10 additional years upon determining that—(I)such relief would enable the alien asserting a workplace claim to pursue the claim to resolution;(II)the deterrent goals of any statute underlying a workplace claim would be served; or(III)such extension would otherwise further the interests of justice.(iii)DefinitionsIn this paragraph:(I)Material witnessNotwithstanding any other provision of law, the term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim.(II)Workplace claimThe term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or a worker representative related workplace injury or illness or to the violation of applicable Federal, State, and local labor laws or labor agreements, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination..7.H–2B worker grants(a)Technical training grants(1)In generalNot later than 3 months after the date of enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall award funds to qualified nonprofit, nongovernmental organizations and labor organizations to assist H–2B workers with applications for adjustment of status. (2)ApplicationTo be eligible to receive a grant under this subsection, a labor organization or qualified nonprofit, nongovernmental organization shall submit to the Secretary of Homeland Security an application at such time, in such manner, and containing such information as the Secretary may require.(3)Use of fundsFunds received pursuant to this subsection shall only be used to assist H–2B workers with applications for adjustment of status.(b)Know your rights grants(1)In generalNot later than a year after the date of enactment of this Act, and each year thereafter, the Secretary of Labor shall award 3-year grants to qualified nonprofit, nongovernmental organizations and labor organizations to—(A)train H–2B workers on their rights before such workers begin employment; and(B)conduct surveys after such employment ends to document treatment and conditions of such workers.(2)ApplicationTo be eligible to receive a grant under this subsection, a labor organization or qualified nonprofit, nongovernmental organization shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require.(3)Use of fundsFunds received pursuant to this subsection shall only be used to provide information to H–2B workers with respect to the rights of such workers.8.Adjustment of status for long-term H–2B workers(a)Requirements for adjustment of statusThe Secretary of Homeland Security shall adjust the status of an alien from that of an alien admitted pursuant to section 101(a)(15)(H)(ii)(B) to that of a lawful permanent resident if the alien submits a completed application, including such processing fees as the Secretary of Homeland Security may require, and the Secretary of Homeland Security determines that—(1)the applicant has completed not less than 18 months of employment as an H–2B worker within a 10-year period;(2)the applicant has not become ineligible for H–2B worker status under section 218A of the Immigration and Nationality Act, as added by this Act; and(3)the applicant meets the requirements set forth by the Secretary of Labor and the Secretary of Homeland Security, except that the applicant may not be required to acquire a permanent labor certification from the Secretary of Labor under section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)).(b)Dependent aliensThe spouse and each child of an alien described in paragraph (1) whose status has been adjusted to that of a lawful permanent resident may be granted lawful permanent residence and shall be exempt from the numerical limitations.(c)Numerical limitationNot later than 6 months after the date of enactment of this Act, the worldwide level of immigrants admitted under this section shall not exceed 40,040 for each fiscal year, and may not equal less than one-third of the H–2B visas issued each fiscal year, unless an insufficient number of applications for adjustment to lawful permanent status have been filed under this section.(d)Effect of pending applicationDuring the period beginning on the date on which an alien applies for adjustment of status under this subtitle, and ending on the date on which the Secretary of Homeland Security makes a final administrative decision regarding such application, the alien and any dependents included on the application—(1)may apply for advance parole, which shall be granted upon demonstrating a legitimate need to travel outside the United States for a temporary purpose; (2)may not be detained by the Secretary of Homeland Security or removed from the United States unless the USCIS makes a prima facie determination that such alien is, or has become, ineligible for adjustment of status under subsection (a);(3)may not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)); and (4)may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))).(e)Retroactive eligibility and numerical exemptionAny nonimmigrant who has accrued 36 months of H–2B employment over the 10 years prior to the date of enactment of this Act shall be eligible to submit within 2 years after such date an application for adjustment of status to that of a lawful permanent resident, and such adjustment shall be exempt from all employment based numerical and per-country limits.(f)Conforming amendments(1)In generalSection 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) is amended by striking which he has no intention of abandoning.(2)No evidenceSection 214(h) of the Immigration and Nationality Act (22 U.S.C. 1254(h)) is amended by inserting or (H)(ii)(b) after (H)(i)(b).


110 HR 2902 IH: Middle Class Opportunity Act of 2007
U.S. House of Representatives
2007-06-28
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
110th CONGRESS 1st Session
H. R. 2902
IN THE HOUSE OF REPRESENTATIVES

June 28, 2007
Mr. Allen (for himself, Mr. Bishop of New York, Mrs. Boyda of Kansas, Mr. Braley of Iowa, Ms. Castor, Mr. Cohen, Mr. Ellison, Mr. Hall of New York, Mr. Hare, Ms. Hirono, Ms. Jackson-Lee of Texas, Mr. Johnson of Georgia, Mr. McNerney, Mr. Perlmutter, Mr. Sestak, Mr. Walz of Minnesota, Mr. Weiner, Mr. Murphy of Connecticut, Mr. Welch of Vermont, and Mr. Gene Green of Texas) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code to double the child tax credit for the first year, to expand the credit dependent care services, to provide relief from the alternative minimum tax, and for other purposes.

1.Short titleThis Act may be cited as the Middle Class Opportunity Act of 2007.
2.Increased child tax credit for first year child is claimed as a qualifying child
(a)In generalSubsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to child tax credit) is amended by striking with respect to each qualifying child of the taxpayer an amount equal to $1,000. and inserting
 with respect to each individual who is a qualifying child of the taxpayer an amount equal to—
(1)$2,000, for the first taxable year in which such individual is a qualifying child, and
(2)$1,000, for any other taxable year in which such individual is a qualifying child. .
(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2006.
3.Expansion of dependent care credit
(a)Increased phaseout thresholdParagraph (2) of section 21(a) of the Internal Revenue Code of 1986 (defining applicable percentage) is amended by striking $15,000 and inserting $75,000.
(b)Credit allowed for costs incurred To care for parents and grandparents who do not live with the taxpayer
(1)In generalParagraph (1) of section 21(b) of the Internal Revenue Code of 1986 (relating to qualifying individual) is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , or, and by adding at the end the following new subparagraph:

(D)a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B)) who is the father or mother of the taxpayer (or an ancestor of such father or mother) and who is physically or mentally incapable of caring for himself or herself. .
(2)Conforming amendmentSection 21(b)(1)(B) of such Code is amended by inserting (other than a dependent described in subparagraph (D)) after and (d)(1)(B)).
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2006.
4.Alternative minimum tax relief
(a)Increase in alternative minimum tax exemption amount for 2007 and 2008
(1)In generalSection 55(d)(1) of the Internal Revenue Code of 1986 is amended—
(A)by striking $62,550 and all that follows through 2006 in subparagraph (A) and inserting the joint return amount in the case of taxable years beginning in 2006, 2007, and 2008, and
(B)by striking $42,500 and all that follows through 2006 in subparagraph (B) and inserting the unmarried individual return amount in the case of taxable years beginning in 2006, 2007, and 2008.
(2)Joint return amount; unmarried individual return amountSection 55(d) of such Code is amended by adding at the end the following new paragraph:

(4)Joint return amount; unmarried individual return amount
(A)Joint return amountFor purposes of paragraph (1)(A), the joint return amount shall be determined as follows:

The joint return
For taxable years beginning in—amount is—

2006$62,550
2007$65,350
2008$68,200.
(B)Unmarried individual return amountFor purposes of paragraph (1)(B), the unmarried individual return amount shall be determined as follows:

The unmarried individual
For taxable years beginning in—return amount is—

2006$42,500
2007$43,900
2008$45,300. .
(b)Allowance of nonrefundable personal credits against regular and alternative minimum tax liabilityParagraph (2) of section 26(a) of the Internal Revenue Code of 1986 is amended—
(1)by striking 2006 in the heading thereof and inserting 2008, and
(2)by striking or 2006 and inserting 2006, 2007, or 2008.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2006.
5.Consolidation of education tax incentives into the education tax credit
(a)In generalSection 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is amended to read as follows:

25A.Education tax credit
(a)Allowance of creditIn the case of any eligible student for whom an election is in effect under this section for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year in an amount equal to the sum of—
(1)100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $1,000,
(2)50 percent of so much of such expenses as exceeds $1,000 but does not exceed $3,000, and
(3)20 percent of so much of such expenses as exceeds $3,000 but does not exceed $5,500.
(b)Limitations
(1)Limitation based on modified adjusted gross income
(A)In generalThe amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B).
(B)Amount of reductionThe amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as—
(i)the excess of—
(I)the taxpayer's modified adjusted gross income for such taxable year, over
(II)$70,000 ($140,000 in the case of a joint return), bears to
(ii)$20,000 ($40,000 in the case of a joint return).
(C)Modified adjusted gross incomeThe term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
(2)Limitation based on amount of taxIn the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of —
(A)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(B)the sum of the credits allowable under this subpart (other than this section and sections 23, 24, and 25B) and section 27 for the taxable year.
(3)Credit allowed only for 3 eligible studentsThe credit under subsection (a) to any taxpayer shall not be allowed with respect to more than 3 eligible students for any taxable year.
(4)Other limitations
(A)Credit allowed only for 4 taxable yearsAn election to have this section apply with respect to any eligible student may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to such student for any 4 prior taxable years.
(B)Credit allowed for year only if individual is at least 1/2 time student for portion of yearThe credit under subsection (a) shall not be allowed for a taxable year with respect to the qualified tuition and related expenses of an individual unless such individual is an eligible student for at least one academic period which begins during such year.
(C)Denial of credit if student convicted of a felony drug offenseThe credit under subsection (a) shall not be allowed for qualified tuition and related expenses for the enrollment or attendance of a student for any academic period if such student has been convicted of a Federal or State felony offense consisting of the possession or distribution of a controlled substance before the end of the taxable year with or within which such period ends.
(c)DefinitionsFor purposes of this subsection—
(1)Eligible studentThe term eligible student means, with respect to any academic period, a student who—
(A)meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and
(B)is carrying at least 1/2 the normal full-time work load for the course of study the student is pursuing.
(2)Qualified tuition and related expenses
(A)In generalThe term qualified tuition and related expenses means tuition and fees required for the enrollment or attendance of an eligible student who is—
(i)the taxpayer,
(ii)the taxpayer's spouse, or
(iii)any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution.
(B)Inclusion of certain expenses for books
(i)In generalFor purposes of subparagraph (A), tuition and fees shall include 50 percent of amounts paid or incurred for books.
(ii)LimitationThe amount of tuition and fees taken into account under subparagraph (A) by reason of clause (i) for any taxable year shall not exceed $250 with respect to any eligible student.
(C)Exception for education involving sports, etcSuch term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program.
(D)Exception for nonacademic feesSuch term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction.
(3)Eligible educational institutionThe term eligible educational institution means an institution—
(A)which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and
(B)which is eligible to participate in a program under title IV of the Higher Education Act of 1965.
(d)Election not To have section applyA taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year.
(e)Special rules
(1)Identification requirementNo credit shall be allowed under subsection (a) to a taxpayer with respect to the qualified tuition and related expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year.
(2)Adjustment for certain scholarships, etcThe amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a), (b), and (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as—
(A)a qualified scholarship which is excludable from gross income under section 117,
(B)an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and
(C)a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individuals educational expenses, or attributable to such individuals enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States.
(3)Treatment of expenses paid by dependentIf a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins—
(A)no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and
(B)qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer.
(4)Treatment of certain prepaymentsIf qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year.
(5)Denial of double benefitNo credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter.
(6)No credit for married individuals filing separate returnsIf the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year.
(7)Nonresident aliensIf the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013.
(f)Inflation adjustments
(1)Dollar limitation on amount of credit
(A)In generalIn the case of a taxable year beginning after 2008, each of the dollar amounts under subsection (a) shall be increased by an amount equal to—
(i)such dollar amount, multiplied by
(ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2007 for calendar year 1992 in subparagraph (B) thereof.
(B)RoundingIf any amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.
(2)Income limits
(A)In generalIn the case of a taxable year beginning after 2008, the $70,000 and $140,000 amounts in subsection (b)(1)(B) shall each be increased by an amount equal to—
(i)such dollar amount, multiplied by
(ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2007 for calendar year 1992 in subparagraph (B) thereof.
(B)RoundingIf any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.
(g)RegulationsThe Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit. .
(b)Repeal of deduction for qualified tuition and related expenses
(1)In generalPart VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 222 (relating to qualified tuition and related expenses).
(2)Clerical amendmentThe table of section for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222.
(c)Conforming amendments
(1)Paragraph (1) of section 26(a) of the Internal Revenue Code of 1986 is amended by inserting 25A, after 24,.
(2)Section 62(a) of such Code is amended by striking paragraph (18).
(3)Subparagraph (B) of section 72(t)(7) of such Code is amended by striking section 25A(g)(2) and inserting section 25A(e)(2).
(4)Section 221(d) of such Code is amended—
(A)by striking section 25A(g)(2) in paragraph (2)(B) and inserting section 25A(e)(2),
(B)by striking section 25A(f)(2) in paragraph (2)(B) and inserting section 25A(c)(3), and
(C)by striking section 25A(b)(3) in paragraph (3) and inserting section 25A(c)(1).
(5)Section 529 of such Code is amended—
(A)by striking section 25A(g)(2) in subclause (I) of subsection (c)(3)(B)(v) and inserting section 25(e)(2),
(B)by striking section 25A(b)(3) in clause (i) of subsection (e)(3)(B) and inserting section 25A(c)(1).
(6)Section 530 of such Code is amended—
(A)by striking section 25A(g)(2) in subclause (I) of subsection (d)(2)(C)(i) and inserting section 25A(e)(2),
(B)by striking section 25A(g)(2) in clause (iii) of subsection (d)(4)(B) and inserting section 25A(e)(2).
(7)Section 1400O of such Code is amended by adding at the end the following flush sentence:

For purposes of this section, any reference to section 25A shall be treated as a reference to such section before the date of the enactment of this sentence..
(8)Subsection (e) of section 6050S of such Code is amended by striking (without regard to subsection (g)(2) thereof) and inserting (without regard to subsection (e)(2) thereof).
(9)Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking section 25A(g)(1) and inserting section 25A(e)(1).
(10)The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25A and inserting the following:

Sec. 25A. Education tax credit.  .
(d)Effective dateThe amendments made by this section shall apply to expenses paid after December 31, 2007 (in taxable years ending after such date), for education furnished in academic periods beginning after such date.


		One Hundred Tenth Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Thursday, the third
		day of January, two thousand and eight
		S. 3370
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To resolve pending claims against Libya by
		  United States nationals, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Libyan Claims Resolution
			 Act.
		2.DefinitionsIn this Act—
			(1)the term appropriate congressional
			 committees means the Committee on Foreign Relations and the Committee on
			 the Judiciary of the Senate and the Committee on Foreign Affairs and the
			 Committee on the Judiciary of the House of Representatives;
			(2)the term claims agreement
			 means an international agreement between the United States and Libya, binding
			 under international law, that provides for the settlement of terrorism-related
			 claims of nationals of the United States against Libya through fair
			 compensation;
			(3)the term national of the United
			 States has the meaning given that term in section 101(a)(22) of the
			 Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
			(4)the term Secretary means the
			 Secretary of State; and
			(5)the term state sponsor of
			 terrorism means a country the government of which the Secretary has
			 determined, for purposes of section 6(j) of the Export Administration Act of
			 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of
			 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C.
			 2780), or any other provision of law, is a government that has repeatedly
			 provided support for acts of international terrorism.
			3.Sense of CongressCongress supports the President in his
			 efforts to provide fair compensation to all nationals of the United States who
			 have terrorism-related claims against Libya through a comprehensive settlement
			 of claims by such nationals against Libya pursuant to an international
			 agreement between the United States and Libya as a part of the process of
			 restoring normal relations between Libya and the United States.
		4.Entity to assist in implementation of
			 claims agreement
			(a)Designation of entity
				(1)DesignationThe Secretary, by publication in the
			 Federal Register, may, after consultation with the appropriate congressional
			 committees, designate 1 or more entities to assist in providing compensation to
			 nationals of the United States, pursuant to a claims agreement.
				(2)Authority of the SecretaryThe designation of an entity under
			 paragraph (1) is within the sole discretion of the Secretary, and may not be
			 delegated. The designation shall not be subject to judicial review.
				(b)Immunity
				(1)Property
					(A)In generalNotwithstanding any other provision of law,
			 if the Secretary designates any entity under subsection (a)(1), any property
			 described in subparagraph (B) of this paragraph shall be immune from attachment
			 or any other judicial process. Such immunity shall be in addition to any other
			 applicable immunity.
					(B)Property describedThe property described in this subparagraph
			 is any property that—
						(i)relates to the claims agreement; and
						(ii)for the purpose of implementing the claims
			 agreement, is—
							(I)held by an entity designated by the
			 Secretary under subsection (a)(1);
							(II)transferred to the entity; or
							(III)transferred from the entity.
							(2)Other ActsAn entity designated by the Secretary under
			 subsection (a)(1), and any person acting through or on behalf of such entity,
			 shall not be liable in any Federal or State court for any action taken to
			 implement a claims agreement.
				(c)Nonapplicability of the Government
			 Corporation Control ActAn
			 entity designated by the Secretary under subsection (a)(1) shall not be subject
			 to chapter 91 of title 31, United States Code (commonly known as the
			 Government Corporation Control Act).
			5.Receipt of adequate funds; immunities of
			 Libya
			(a)Immunity
				(1)In generalNotwithstanding any other provision of law,
			 upon submission of a certification described in paragraph (2)—
					(A)Libya, an agency or instrumentality of
			 Libya, and the property of Libya or an agency or instrumentality of Libya,
			 shall not be subject to the exceptions to immunity from jurisdiction, liens,
			 attachment, and execution contained in section 1605A, 1605(a)(7), or 1610
			 (insofar as section 1610 relates to a judgment under such section 1605A or
			 1605(a)(7)) of title 28, United States Code;
					(B)section 1605A(c) of title 28, United States
			 Code, section 1083(c) of the National Defense Authorization Act for Fiscal Year
			 2008 (Public Law 110–181; 122 Stat. 342; 28 U.S.C. 1605A note), section 589 of
			 the Foreign Operations, Export Financing, and Related Programs Appropriations
			 Act, 1997 (28 U.S.C. 1605 note), and any other private right of action relating
			 to acts by a state sponsor of terrorism arising under Federal, State, or
			 foreign law shall not apply with respect to claims against Libya, or any of its
			 agencies, instrumentalities, officials, employees, or agents in any action in a
			 Federal or State court; and
					(C)any attachment, decree, lien, execution,
			 garnishment, or other judicial process brought against property of Libya, or
			 property of any agency, instrumentality, official, employee, or agent of Libya,
			 in connection with an action that would be precluded by subparagraph (A) or (B)
			 shall be void.
					(2)CertificationA certification described in this paragraph
			 is a certification—
					(A)by the Secretary to the appropriate
			 congressional committees; and
					(B)stating that the United States Government
			 has received funds pursuant to the claims agreement that are sufficient to
			 ensure—
						(i)payment of the settlements referred to in
			 section 654(b) of division J of the Consolidated Appropriations Act, 2008
			 (Public Law 110–161; 121 Stat. 2342); and
						(ii)fair compensation of claims of nationals of
			 the United States for wrongful death or physical injury in cases pending on the
			 date of enactment of this Act against Libya arising under section 1605A of
			 title 28, United States Code (including any action brought under section
			 1605(a)(7) of title 28, United States Code, or section 589 of the Foreign
			 Operations, Export Financing, and Related Programs Appropriations Act, 1997 (28
			 U.S.C. 1605 note), that has been given effect as if the action had originally
			 been filed under 1605A(c) of title 28, United States Code, pursuant to section
			 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public
			 Law 110–181; 122 Stat. 342; 28 U.S.C. 1605A note)).
						(b)Temporal
			 scopeSubsection (a) shall
			 apply only with respect to any conduct or event occurring before June 30, 2006,
			 regardless of whether, or the extent to which, application of that subsection
			 affects any action filed before, on, or after that date.
			(c)Authority of the SecretaryThe certification by the Secretary referred
			 to in subsection (a)(2) may not be delegated, and shall not be subject to
			 judicial review.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


		III
		110th CONGRESS
		1st Session
		S. RES. 347
		IN THE SENATE OF THE UNITED STATES

			October 16, 2007
			Mr. Baucus (for himself
			 and Mr. Tester) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			October 25, 2007
			Reported by Mr. Leahy,
			 without amendment

			October 26, 2007
			Considered and agreed to

		RESOLUTION
		Designating May 2008 as National Be
		  Bear Aware and Wildlife Stewardship Month.

		Whereas wildlife and wildlife viewing enrich the shared
			 outdoor heritage of the people of the United States;
		Whereas it is possible to enjoy wildlife in a way that is
			 prudent, safe, and educational and that has minimal adverse effects on
			 wildlife;
		Whereas the people of the United States should be aware of
			 the potential for conflict between humans and wildlife;
		Whereas the people of the United States should learn the
			 safety and stewardship techniques that can prevent such conflicts;
		Whereas some groups, such as the Center for Wildlife
			 Information and State and Federal wildlife associations, in cooperation with
			 State and Federal wildlife and land management agencies, have taken important
			 proactive steps to create educations toolkits and design programs to educate
			 outdoor enthusiasts; and
		Whereas educational efforts can raise awareness of the
			 potential for such conflict, help minimize such conflict, and promote the
			 responsible enjoyment of wildlife: Now, therefore, be it

		That the Senate designates May 2008
			 as National Be Bear Aware and Wildlife Stewardship Month.