110 HR 4002 IH: Rural Housing Preservation Act of

U.S. House of Representatives
2007-10-30
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. 4002
		IN THE HOUSE OF REPRESENTATIVES

			October 30, 2007
			Mr. Lincoln Davis of
			 Tennessee (for himself and Mr. Davis of
			 Kentucky) introduced the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To establish a program to preserve rural multifamily
		  housing assisted under the Housing Act of 1949.

		1.Short titleThis Act may be cited as the
			 Rural Housing Preservation Act of
			 2007.
		2.Findings and
			 purposes
			(a)FindingsThe Congress finds that—
				(1)the average age of
			 a multifamily housing project with a loan under section 515 of the Housing Act
			 of 1949 is 30 years, and therefore much of the portfolio of such projects is
			 aging and in need of preservation, while the need for affordable rural housing
			 is increasing;
				(2)section 515 projects house some of the
			 poorest families in rural America, with almost 60 percent of the units occupied
			 by senior citizens or persons with disabilities and an average annual household
			 income among all occupants of approximately $10,000;
				(3)in many small
			 towns and communities, rental housing financed by direct loans under section
			 515 is the only decent, affordable rental housing available; and
				(4)consequently, any
			 preservation or disposition of the multifamily housing portfolio with loans
			 under section 515, which houses approximately 465,000 low-income families and
			 seniors and farmworkers, should be handled with great care.
				(b)PurposesThe
			 purposes of this Act are—
				(1)to authorize the Secretary of Agriculture
			 to carry out a program that encourages the preservation of section 515 housing
			 project developments for long-term affordable use and the repair and
			 revitalization of such properties;
				(2)to
			 provide for voucher assistance for tenants who live in such projects that are
			 preserved under this Act; and
				(3)to provide voucher
			 assistance for tenants who are displaced from such projects as a result of
			 prepayment or foreclosure on a loan for the project.
				3.Preservation of
			 multifamily housing
			(a)Preservation
			 programTitle V of the
			 Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end
			 the following new section:

					544.Preservation of
				multifamily housing and protection of tenants
						(a)Preservation
				programThe Secretary shall, subject to the availability of
				amounts appropriated, carry out a preservation program in accordance with this
				section to provide financial incentives and other assistance to owners of
				eligible projects through long-term use agreements entered into between the
				project owners and the Secretary.
						(b)Applications to
				participate
							(1)In
				generalThe Secretary shall
				accept applications from owners of eligible projects to participate in the
				preservation program under this section.
							(2)PriorityIn
				selecting among applications of eligible projects to participate in the
				preservation program, the Secretary may give priority to applications for such
				projects that are located on tribal trust lands or other Indian areas, in
				colonias (as such term is defined in section 916(e) of the Cranston-Gonzalez
				National Affordable Housing Act (42 U.S.C. 5306 note), or in other small, poor,
				low-income communities.
							(c)Long-term
				viability plan
							(1)RequirementThe
				Secretary shall prepare and approve a long-term viability plan under this
				subsection with respect to each eligible project for which the owner requests
				to participate.
							(2)ContentsEach
				long-term viability plan for an eligible project shall include the following
				information:
								(A)Physical needs
				assessmentA physical needs assessment of the project that
				identifies and projects, for the following 30 years—
									(i)all necessary
				repairs, improvements, maintenance, and management standards for the project,
				and when they will be made, in order to meet the requirements of this title;
				and
									(ii)the costs
				associated with the items referred to clause (i).
									(B)Financial
				planA financial plan for the project that—
									(i)reviews the
				financial stability of the project;
									(ii)includes the loan
				restructuring elements, rent adjustments, management and operational
				efficiencies, and other financial adjustments to the project that are necessary
				to cover operating expenses for the project and maintain an adequate financial
				reserve for the future maintenance and capital needs of the project;
									(iii)provides the project owner with a long-term
				rate of return on equity of the project owner, as determined by the Secretary,
				commensurate to comparable rural multifamily housing projects for which a tax
				credit is provided under section 42 of the Internal Revenue Code of 1986 (26
				U.S.C. 42), and provides that any return in excess of such rate of return shall
				be made available to the Secretary only for use under section 515;
									(iv)meets the
				physical needs for the project determined under the physical needs
				assessment;
									(v)ensures that rents available under the plan
				are affordable to eligible households in accordance with subsection (f);
				and
									(vi)addresses any costs associated with any
				temporary tenant displacement resulting from renovations or rehabilitation
				undertaken as a result of participation of the project in the preservation
				program.
									(3)Development
				through participating administrative entitiesThe Secretary may
				develop long-term viability plans through the use of third-party participating
				administrative entities, who may be a private contractor, a State housing
				finance agency, or a nonprofit organization.
							(4)Preservation
				determinationBased on the long-term viability plan for an
				eligible project, the Secretary shall determine whether to offer the project
				owner a financial restructuring plan under subsection (d) and the financial
				incentives to be included in any such plan offered.
							(5)Final review and
				commentBefore a
				determination is made under subparagraph (D) with respect to any long-term
				viability plan prepared by the Secretary, the Secretary shall—
								(A)provide the
				project owner an opportunity to review the plan and discuss the plan with the
				Secretary or its agent;
								(B)make available to
				the tenants of the project a copy of such plan and provide a period of not less
				than 30 days for tenants to submit comments regarding the plan to the
				Secretary; and
								(C)respond in writing
				to such comments.
								(6)FeesThe Secretary may charge the project owner
				a fee for preparation of the long-term viability plan.
							(7)Payment of
				feesIf a long-term viability
				for a project is approved, the payment of such fee may be incorporated into a
				project owner’s financial restructuring plan for the project provided by the
				Secretary pursuant to subsection (d).
							(d)Financial
				restructuring plan; preservation incentivesBased on the
				long-term viability plan for an eligible project, the Secretary may offer a
				project owner a financial restructuring plan for the project. Such a plan may
				include one or more of the following preservation incentives:
							(1)Reduction or
				elimination of interest on the loan or loans for the project made under section
				515.
							(2)Partial or full
				deferral of payments due under such loan or loans.
							(3)Forgiveness of
				such loan or loans.
							(4)Subordination of
				such loan or loans, subject to such terms and conditions as the Secretary shall
				determine.
							(5)Reamortization of
				loan payments under such loan or loans over extended terms.
							(6)A grant from the
				Secretary for the project.
							(7)Payment of project
				costs associated with developing the long-term viability plan.
							(8)Opportunity for
				project owners to obtain further investment equity from third parties.
							(9)A direct loan or
				guarantee of a loan for the project, with a subsidized interest rate without
				regard to the value of the project.
							(e)Long-term use
				agreement
							(1)In
				generalIf the owner of an eligible project agrees to the terms
				of a financial restructuring plan for the project providing preservation
				benefits under subsection (d), in exchange for such benefits, the Secretary and
				the project owner shall enter into a long-term use agreement under this
				subsection for the project.
							(2)AgreementA
				long-term use agreement for an eligible project shall include—
								(A)the terms of the
				financial restructuring plan for the project, including any preservation
				incentives to be provided;
								(B)an agreement by
				the project owner—
									(i)to
				continue the property use restrictions with respect to the project in
				accordance with this title for a period of—
										(I)30 years, or
										(II)the remaining
				term of any loans under this title for the project,
										whichever
				ends later;(ii)to comply with
				the long-term viability plan for the project; and
									(iii)to
				comply with the rent terms under subsection (f) for the project;
									(C)provisions
				terminating the agreement if any material preservation incentives for the
				project to be provided under the agreement are no longer available and the
				Secretary determines that such unavailability is not the fault of the
				owner;
								(D)any rent terms for
				the project pursuant to subsection (f);
								(E)a covenant which
				runs with the land;
								(F)a representation
				and warranty by the owner to provide safe, healthy, clean buildings pursuant to
				the Secretary’s guidelines;
								(G)provisions
				providing for rural preservation voucher assistance under section 542(c) for
				low-income households residing in the project who are eligible for such
				vouchers; and
								(H)such other terms
				as the Secretary determines are necessary to implement the purposes of this
				section.
								(f)Rents under
				long-term use agreementRents for any eligible households
				residing in dwelling units in any preserved project shall comply with the
				following requirements:
							(1)Maximum
				household contribution to rent and utilitiesThe maximum household contribution to
				monthly rent and utilities for any eligible household may not exceed 30 percent
				of the adjusted income of the eligible household.
							(2)Rent
				adjustmentsThe rents for
				eligible projects may be increased or decreased only on an annual basis and
				only in accordance with standards incorporated in such agreement.
							(3)Lowest cost
				requirementIn determining
				the terms of a restructuring plan, and the type and amount of preservation
				benefits under such plan to approve under this section for an eligible project,
				the Secretary shall, to the extent practicable, approve assistance that imposes
				the least cost to the Secretary while meeting the requirements of the long-term
				viability plan for the project.
							(g)Earned income
				disregard for residents
							(1)In
				generalNotwithstanding any
				other provision of law, the amount of the contribution toward rent for a
				dwelling unit payable, by any household described in paragraph (3), for
				occupancy in a project funded with a loan under section 515 may not be
				increased as a result of the increased income due to employment during the
				12-month period beginning on the date on which the employment is
				commenced.
							(2)Phase-in of rent
				increasesUpon the expiration
				of the 12-month period referred to in paragraph (1), the contribution toward
				rent payable by a household described in paragraph (3) may be increased due to
				the continued employment of the household member described in subparagraph
				(3)(B), except that during the 12-month period beginning upon such expiration
				the amount of the increase may not be greater than 50 percent of the amount of
				the total increase in contribution toward rent that would be applicable but for
				this paragraph.
							(3)Eligible
				householdA household described in this paragraph is a household
				that—
								(A)(i)is an eligible household who resides in a
				eligible project; or
									(ii)is provided rural preservation
				voucher assistance pursuant to section 542(c); and
									(B)(i)whose income increases as a result of
				employment of a member of the household who was previously unemployed for 1 or
				more years;
									(ii)whose earned income increases
				during the participation of a household member in any family self-sufficiency
				or other job training program; or
									(iii)who is or was, within 6 months,
				assisted under any State program for temporary assistance for needy families
				funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et
				seq.) and whose earned income increases.
									(h)Ineligibility
							(1)Procedure for
				determinationThe Secretary
				may determine that a project owner is ineligible for participation in the
				preservation program under this section in accordance with the standards under
				paragraph (2).
							(2)StandardsThe Secretary may determine that a project owner is ineligible if—
								(A)the project owner
				has a history of poor management or maintenance of multifamily housing
				properties;
								(B)the project owner
				is in default on a loan made available under the section 515 housing
				program;
								(C)the Secretary is
				unable to enter into a long-term use agreement for the project that is the
				subject of the application with the project owner within a reasonable
				time;
								(D)the project owner
				is suspended or debarred from participating in Federal contracts or programs;
				or
								(E)the Secretary has
				other good cause for withholding from the project owner the benefits made
				available under this section.
								(3)Ineligibility
				because of action for prepaymentA project owner shall be
				ineligible for participation in the preservation program under this section if
				the owner—
								(A)is a party to an
				ongoing civil action brought to authorize the prepayment of the section 515
				loan for the eligible project, or is a party to a damages action brought to
				recover damages caused by the passage of the Emergency Low Income Housing
				Preservation Act of 1987 or amendments to such Act, for which a final judgment,
				settlement agreement, or consent decree has not yet been issued; or
								(B)was a party to a civil action brought to
				authorize the prepayment of the section 515 loan for the eligible project, or
				was a party to a damages action brought to recover damages caused by the
				passage of the Emergency Low Income Housing Preservation Act of 1987 or
				amendments to such Act, under which damages were awarded to the project owner,
				and the owner has not agreed to contribute at least 50 percent of such damages,
				or $100,000, whichever is less, to carrying out the financial restructuring
				plan and long-term use agreement for the preserved project.
								(i)DefinitionsFor
				purposes of this section, the following definitions shall apply:
							(1)Eligible
				householdThe term eligible household means a
				household that, under section 515, is eligible to reside in a project funded
				with a loan made by the Secretary under such section.
							(2)Eligible
				projectThe term eligible project means a housing
				project funded with a loan made at any time by the Secretary under section 515,
				the principal obligation of which has not been fully repaid.
							(3)Project owner;
				ownerThe terms project owner and
				owner mean, with respect to an eligible project, an individual
				or entity, or principals thereof that own, or plan to purchase, the
				project.
							(4)Preserved
				projectThe term preserved project means an
				eligible project for which the Secretary and owner have entered into agreement
				on a financial restructuring plan for the project and into a long-term use
				agreement for the project, under this section.
							(j)Annual
				reportThe Secretary shall submit a report to the Congress
				annually regarding the compliance of owners of eligible projects participating
				in the preservation program under this section with the requirements of such
				program, which shall identify and describe any significant failures to
				comply.
						(k)Authorization of
				appropriationsThere are authorized to be appropriated for each
				of fiscal years 2008 through 2012 such sums as may be necessary to carry out
				the preservation program under this
				section.
						.
			4.Rural
			 preservation and rural tenant protection vouchersSection 542 of the Housing Act of 1949 (42
			 U.S.C. 1490r) is amended by adding at the end the following new
			 subsections:

				(c)Rural
				preservation vouchersIn the
				case of a housing project subject to a loan made under section 515 that is a
				preserved project (as such term is defined in section 544(i)), the Secretary
				shall, to the extent that amounts for assistance under this subsection are
				provided in advance in appropriation Acts, make available voucher assistance to
				each eligible household (as such term is defined in section 544(i)) that is not
				assisted under the rental assistance program under section 521 or the program
				for rental assistance under section 8 of the United States Housing Act of 1937
				(42 U.S.C. 1437f), and is residing in the project upon the date that a
				long-term use agreement is entered into pursuant to section 544(e) between the
				project owner and the Secretary, voucher assistance upon such date, as
				follows:
					(1)The amount of
				assistance provided under the voucher shall be sufficient to allow such
				household to remain in the project after it is preserved.
					(2)The percentage of adjusted income paid by
				the eligible household for rent and utilities for the assisted dwelling,
				pursuant to the voucher, shall not exceed 30 percent of adjusted income of the
				eligible household.
					(3)The voucher assistance shall be available
				to the eligible household only during the period in which the eligible
				household resides in the preserved project and the long-term use agreement
				remains in effect.
					(4)Upon termination
				of the participation of the eligible household in the voucher program, the
				voucher shall remain attached to the preserved project and shall be available
				for use by another eligible household residing in the preserved project.
					(d)Rural tenant
				protection vouchers
					(1)In
				generalIn the case of a
				housing project subject to a loan made under section 515 that is prepaid or
				foreclosed upon, the Secretary shall, to the extent that amounts for assistance
				under this subsection are provided in advance in appropriation Acts, make
				available to each eligible household (as such term is defined in section
				544(i)) that is not assisted under the rental assistance program under section
				521 or the program for rental assistance under section 8 of the United States
				Housing Act of 1937 (42 U.S.C. 1437f), and is residing in a dwelling unit in
				the project upon the date that the Secretary approves the prepayment or submits
				notice of foreclosure to the project owner, as applicable, voucher assistance
				upon such date, as follows:
						(A)Relocation
				vouchersIn the case of any
				such eligible household who must relocate from a project for which the loan is
				being prepaid or foreclosed upon, voucher assistance under this subsection
				shall be subject to the terms of section 8(o) of the United State Housing Act
				of 1937 (42 U.S.C. 1437(o)), except that—
							(i)the percentage of
				adjusted income paid by the eligible household for rent and utilities for the
				assisted dwelling unit shall not at any time exceed 30 percent of the adjusted
				income of the eligible household; and
							(ii)a voucher provided pursuant to this
				subparagraph shall be subject to the terms of section 8(r) of such Act
				(relating to portability), except that if an eligible household uses the
				voucher to move to a community other than the community in which the project
				from which the family relocated pursuant to such prepayment or foreclosure is
				located, upon termination of the participation of such eligible family in the
				voucher program, the voucher shall be returned for use in the community in
				which such project is located.
							(B)Enhanced
				vouchersIn the case of any
				such eligible household who remains in a project for which the loan is prepaid
				or foreclosed upon, voucher assistance under this subsection shall be subject
				to the terms of section 8(t) of the United State Housing Act of 1937 (42 U.S.C.
				1437f(t)), except that—
							(i)the percentage of
				adjusted income paid by the eligible household for rent and utilities for the
				assisted dwelling unit shall not at any time exceed 30 percent of the adjusted
				income of the eligible household;
							(ii)the owner of the project may not refuse to
				lease, to an eligible household for whom voucher assistance under this
				subparagraph is made available, any available appropriately sized rental
				dwelling unit in the project;
							(iii)voucher
				assistance under this subparagraph may be used only for dwelling units in
				housing that is decent, safe, and sanitary; and
							(iv)upon termination of participation of such
				eligible family in the enhanced voucher program, the voucher shall convert to a
				relocation voucher under subparagraph (A) of this paragraph, and shall be
				available with respect to such project only to provide assistance in accordance
				with the provisions of such subparagraph.
							(e)AdministrationThe Secretary may contract with a public
				housing agency or a private or nonprofit organization to administer vouchers
				authorized under subsections (c) and (d).
				(f)RenewalVouchers
				under subsections (c) and (d) shall be renewed annually, subject to the
				availability of appropriations for such renewal.
				(g)Use of
				savingsNotwithstanding any other provision of law, any amounts
				made available for voucher assistance under subsections (c) and (d) that remain
				unused because of increases in the incomes of household assisted under such
				vouchers shall be available to the Secretary for eligible activities under this
				Act.
				(h)Applicability of
				section 8 programExcept as
				specifically provided otherwise in this section, to the maximum extent
				practicable, the Secretary shall administer voucher assistance subsections (c)
				and (d) in accordance with, but not subject to, regulations and administrative
				guidance for housing vouchers administered by the Secretary of Housing and
				Urban Development under section 8(o) of such Act.
				(i)Authorization of
				appropriationsThere is
				authorized to be appropriated for voucher assistance under subsections (c) and
				(d) such sums as may be necessary for each of fiscal years 2008 through
				2012.
				.
		5.Priority for
			 financingSubsection (j) of
			 section 515 of the Housing Act of 1949 (42 U.S.C. 1485(j)) is amended—
			(1)by inserting
			 (1) before For; and
			(2)by adding at the
			 end the following new paragraph:

					(2)The Secretary may give priority, in
				entering into contracts under this section involving financing for new
				construction of a project, for projects located in eligible rural areas having
				a need for affordable low-income rental housing due to prepayment of loans made
				or insured under this
				section.
					.
			6.Conforming
			 amendmentSection 537(b)(1) of
			 the Housing Act of 1949 (42 U.S.C. 1490p–1(b)(1)) is amended by inserting
			 before the semicolon the following: and to administer the preservation
			 program under section 544.
		7.RegulationsThe Secretary of Agriculture shall issue
			 proposed regulations to carry out the amendments made by this Act not later
			 than the expiration of the 90-day period beginning upon the date of the
			 enactment of this Act, and shall issue final regulations to carry out the
			 amendments made by this Act not later than the expiration of the 180-day period
			 beginning upon such date of enactment.


		II
		111th CONGRESS
		1st Session
		S. 203
		IN THE SENATE OF THE UNITED STATES

			January 12, 2009
			Mrs. Feinstein (for
			 herself and Mr. Kyl) introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the Immigration and Nationality Act to modify
		  the requirements for participation in the visa waiver program and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Strengthening the Visa Waiver Program
			 to Secure America Act.
		2.DefinitionsIn this Act:
			(1)Program
			 countryThe term
			 program country means a country designated as a program country
			 under section 217(c)(1) of the Immigration and Nationality Act (8 U.S.C.
			 1187(c)(1)).
			(2)SecretaryExcept
			 as otherwise provided, the term Secretary means the Secretary of
			 Homeland Security.
			(3)Visa waiver
			 programThe term visa waiver program means the
			 visa waiver program carried out under section 217 of the Immigration and
			 Nationality Act (8 U.S.C. 1187).
			3.Enforcement of
			 requirement to report lost or stolen passports
			(a)Enforcement of
			 existing requirementNot
			 later than 180 days after the date of the enactment of this Act, each program
			 country shall have in effect an agreement with the United States as required by
			 section 217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C.
			 1187(c)(2)(D)).
			(b)Failure To
			 agree To report
				(1)Suspension from
			 the programIf a program
			 country does not meet the requirements of subsection (a), the Secretary, in
			 consultation with the Secretary of State, shall immediately suspend the program
			 country's participation in the visa waiver program.
				(2)Restoration to
			 the programWith respect to a country that is suspended from
			 participation in the visa waiver program under paragraph (1), the Secretary
			 shall restore the country's participation on the date that the Secretary
			 determines that the country meets the requirements of paragraph (1).
				(c)Limitation on
			 new program countriesNotwithstanding any other provision of law,
			 the Secretary may not designate a country as a program country until after the
			 date that the Secretary certifies to Congress that the requirements of
			 subsection (a) have been met.
			4.Enforcement of
			 requirement for periodic evaluations of program countries
			(a)Enforcement of
			 existing requirementNot later than 1 year after the date of the
			 enactment of this Act, the Secretary, in consultation with the Secretary of
			 State, shall evaluate under section 217(c)(5)(A) of the Immigration and
			 Nationality Act (8 U.S.C. 1187(c)(5)(A)) each program country that was
			 designated as a program country prior to January 1, 2009. Such evaluation shall
			 include the visa overstay rate for each program country for the 1-year period
			 ending on the date of the enactment of this Act.
			(b)Visa overstay
			 rate definedIn this section, the term visa overstay
			 rate has the meaning given that term in section 217(c)(8)(C) of the
			 Immigration and Nationality Act (8 U.S.C. 1187(c)(8)(C)), as amended by section
			 6.
			(c)Failure To
			 comply with program requirements
				(1)Suspension from
			 the programIf the periodic evaluation prepared under subsection
			 (a) shows that a program country has a visa overstay rate that exceeds 2
			 percent, the Secretary, in consultation with the Secretary of State, shall
			 immediately suspend the program country's participation in the visa waiver
			 program.
				(2)Restoration to
			 the programWith respect to a country that is suspended from
			 participation in the visa waiver program under paragraph (1), the Secretary
			 shall restore the country's participation on the date that the Secretary
			 determines that the country's visa overstay rate does not exceed 2
			 percent.
				(d)Limitation on
			 new program countriesNotwithstanding any other provision of law,
			 the Secretary may not designate a country as a program country until after the
			 date that the Secretary certifies to Congress that the requirements of
			 subsection (a) have been met.
			5.Arrival and
			 departure verification
			(a)Requirement for
			 verification
				(1)In
			 generalSubparagraph (A) of section 217(c)(8) of the Immigration
			 and Nationality Act (8 U.S.C. 1187(c)(8)) is amended—
					(A)in clause
			 (i)—
						(i)by
			 striking can verify and inserting
			 verifies;
						(ii)by
			 inserting arrival and before departure;
			 and
						(iii)by inserting
			 entry and before exit; and
						(B)in clause (ii) by
			 inserting entry and before exit.
					(2)Conforming
			 amendmentSubparagraph (C) of such section 217(c)(8) is amended
			 by inserting entry and before exit.
				(b)Limitation on
			 new program countriesNotwithstanding any other provision of law,
			 the Secretary may not designate a country as a program country until after the
			 date that the Secretary certifies to Congress that the requirements of clause
			 (i) of subsection (c)(8)(A) of section 217 of the Immigration and Nationality
			 Act, as amended by subsection (a)(1), are met.
			(c)Audit
				(1)Requirement to
			 conductNot later than 180 days after the date that the
			 certification described in clause (i) of subsection (c)(8)(A) of section 217
			 the Immigration and Nationality Act (8 U.S.C. 1187), as amended by subsection
			 (a)(1), is submitted to Congress, the Comptroller of the United States shall
			 conduct an audit of the travel authorization system described in subsection
			 (h)(3) of that section and submit a report on such audit to Congress.
				(2)ElementsThe
			 report by paragraph (1) shall include—
					(A)a description of
			 the data collected by such system;
					(B)the number of
			 individuals who were identified by such system as being in violation of the
			 immigration laws, disaggregated by country; and
					(C)an explanation of
			 any problems in implementing such system encountered during the early stages of
			 implementation to better identify high-risk travelers and countries of origin
			 of such travelers.
					6.Visa overstay
			 ratesSubparagraph (C) of
			 section 217(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(8)),
			 as amended by section 5(a)(2), is further amended—
			(1)in clause (i), by
			 striking the period at the end of the first sentence and inserting ,
			 except that in no case may a maximum visa overstay rate exceed 2
			 percent.;
			(2)by redesignating
			 clause (iii) as clause (iv);
			(3)by inserting
			 after clause (ii) the following:

					(iii)Data
				compilationThe Secretary of Homeland Security shall compile data
				from all appropriate databases to determine the visa overstay rate for each
				country. Such databases shall include—
						(I)the Advanced
				Passenger Information System (APIS);
						(II)the Automated
				Fingerprint Identification System (IDENT);
						(III)the Central
				Index System (CIS);
						(IV)the Computer
				Linked Application Information Management Systems (CLAIMS);
						(V)the Deportable
				Alien Control System (DACS);
						(VI)the Integrated
				Automated Fingerprint Identification System (IAFIS);
						(VII)the
				Nonimmigrant Information System (NIIS);
						(VIII)the
				Reengineered Naturalization Applications Casework Systems (RNACS); and
						(IX)the Refugees,
				Asylum, and Parole System (RAPS).
						;
				and
			(4)by adding at the
			 end the following:

					(v)Annual
				reportNot less frequently than once each fiscal year, the
				Secretary of Homeland Security shall submit to 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 a report describing the visa overstay rate for the previous
				fiscal year of each country designated as a program country under paragraph
				(1).
					.


117 HRES 208 IH: Providing amounts for the expenses of the Committee on Energy and Commerce in the One Hundred Seventeenth Congress.
U.S. House of Representatives
2021-03-09
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.

IV117th CONGRESS1st SessionH. RES. 208IN THE HOUSE OF REPRESENTATIVESMarch 9, 2021Mr. Pallone (for himself and Mrs. Rodgers of Washington) submitted the following resolution; which was referred to the Committee on House AdministrationRESOLUTIONProviding amounts for the expenses of the Committee on Energy and Commerce in the One Hundred Seventeenth Congress.1.Amounts for committee expenses For the expenses of the Committee on Energy and Commerce (hereafter in this resolution referred to as the Committee), including the expenses of all staff salaries, there shall be paid, out of the applicable accounts of the House of Representatives for committee salaries and expenses, not more than $24,147,384 for the One Hundred Seventeenth Congress.2.Session limitations Of the amount specified in section 1—(1)not more than $12,073,692 shall be available for expenses incurred during the period beginning at noon on January 3, 2021, and ending immediately before noon on January 3, 2022; and(2)not more than $12,073,692 shall be available for expenses incurred during the period beginning at noon on January 3, 2022, and ending immediately before noon on January 3, 2023.3.Vouchers Payments under this resolution shall be made on vouchers authorized by the Committee, signed by the Chairman of the Committee, and approved in the manner directed by the Committee on House Administration.4.Regulations Amounts made available under this resolution shall be expended in accordance with regulations prescribed by the Committee on House Administration.


		I
		112th CONGRESS
		2d Session
		H. R. 6100
		IN THE HOUSE OF REPRESENTATIVES

			July 11, 2012
			Mr. Braley of Iowa
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  temporary extension of the 2001 and 2003 tax cuts for the middle class, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Middle Class Tax Cut Protection Act of
			 2012.
		2.2-year extension
			 of tax relief for middle class
			(a)Extension of
			 2001 tax relief
				(1)In
			 generalSection 901 of the
			 Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by
			 striking December 31, 2012 both places it appears and inserting
			 December 31, 2014.
				(2)Effective
			 dateThe amendment made by this subsection shall take effect as
			 if included in the enactment of the Economic Growth and Tax Relief
			 Reconciliation Act of 2001.
				(b)Extension of
			 2003 tax relief
				(1)In
			 generalSection 303 of the
			 Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking
			 December 31, 2012 and inserting December 31,
			 2014.
				(2)Effective
			 dateThe amendment made by this section shall take effect as if
			 included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act
			 of 2003.
				(c)Temporary
			 extension of 2009 tax relief
				(1)American
			 opportunity tax credit
					(A)In
			 generalSection 25A(i) of the Internal Revenue Code of 1986 is
			 amended by striking or 2012 and inserting , 2012, 2013,
			 or 2014.
					(B)Treatment of
			 possessionsSection 1004(c)(1) of the American Recovery and
			 Reinvestment Tax Act of 2009 is amended by striking and 2012
			 each place it appears and inserting 2012, 2013, and 2014.
					(C)Child tax
			 creditSection 24(d)(4) of such Code is amended—
						(i)by
			 striking and
			 2012 in the heading and inserting
			 2012, 2013, and
			 2014, and
						(ii)by
			 striking or 2012 and inserting 2012, 2013, or
			 2014.
						(D)Earned income
			 tax creditSection 32(b)(3) of such Code is amended—
						(i)by
			 striking and
			 2012 in the heading and inserting
			 2012, 2013, and
			 2014, and
						(ii)by
			 striking or 2012 and inserting 2012, 2013, or
			 2014.
						3.Certain tax cuts not
			 extended for high income individuals
			(a)Individual
			 income tax ratesSubsection
			 (i) of section 1 of the Internal Revenue Code of 1986 is amended by
			 redesignating paragraph (3) as paragraph (4) and by inserting after paragraph
			 (2) the following new paragraph:

					(3)33-Percent
				rate bracket
						(A)In
				generalIn the case of taxable years beginning after December 31,
				2012—
							(i)paragraph (2)
				shall not apply in determining the rates of tax for the fourth rate bracket and
				higher rate brackets,
							(ii)the rate of tax under subsections (a), (b),
				(c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be
				33 percent to the extent such income does not exceed an amount equal to the
				excess of—
								(I)the applicable amount, over
								(II)the dollar amount at which such bracket
				begins, and
								(iii)the 36-percent
				rate of tax under such subsections shall apply only to the taxpayer's taxable
				income in such bracket in excess of the amount to which clause (i)
				applies.
							(B)Applicable
				amountFor purposes of this paragraph, the term applicable
				amount means the excess of—
							(i)the applicable
				threshold, over
							(ii)the sum of the
				following amounts in effect for the taxable year:
								(I)the basic standard
				deduction (within the meaning of section 63(c)(2)), and
								(II)the exemption
				amount (within the meaning of section 151(d)(1)) (or, in the case of subsection
				(a), 2 such exemption amounts).
								(C)Applicable
				thresholdFor purposes of this paragraph, the term
				applicable threshold means—
							(i)$250,000 in the
				case of subsection (a),
							(ii)$200,000 in the
				case of subsections (b) and (c), and
							(iii)1/2
				the amount applicable under clause (i) (after adjustment, if any, under
				subparagraph (E)) in the case of subsection (d).
							(D)Fourth rate
				bracketFor purposes of this paragraph, the term fourth
				rate bracket means the bracket which would (determined without regard to
				this paragraph) be the 36-percent rate bracket.
						(E)Inflation
				adjustmentFor purposes of this paragraph, a rule similar to the
				rule of paragraph (1)(C) shall apply with respect to taxable years beginning in
				calendar years after 2012, applied by substituting 2010 for
				1992 in subsection
				(f)(3)(B).
						.
			(b)Reduced rate on
			 capital gains and dividends
				(1)In
			 generalParagraph (1) of section (1)(h) of such Code is amended
			 by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as
			 subparagraphs (E) and (F), respectively, and by inserting after subparagraph
			 (B) the following new subparagraphs:

						(C)15 percent of the lesser of—
							(i)so
				much of the adjusted net capital gain (or, if less, taxable income) as exceeds
				the amount on which a tax is determined under subparagraph (B), or
							(ii)the excess (if
				any) of—
								(I)the amount of
				taxable income which would (without regard to this subsection) be taxed at a
				rate below 36 percent, over
								(II)the sum of the
				amounts on which tax is determined under subparagraphs (A) and (B),
								(D)20 percent of the adjusted net capital gain
				(or, if less, taxable income) in excess of the sum of the amounts on which tax
				is determined under subparagraphs (B) and
				(C),
						.
				(2)DividendsSubparagraph
			 (A) of section 1(h)(11) of such Code is amended by striking qualified
			 dividend income and inserting

						so much
			 of the qualified dividend income as does not exceed the excess (if any)
			 of—(i)the amount of
				taxable income which would (without regard to this subsection) be taxed at a
				rate below 36 percent, over
						(ii)taxable income reduced by qualified
				dividend
				income.
						.
				(3)Minimum
			 taxSection 55 of such Code
			 is amended by adding at the end the following new subsection:

						(f)Application of
				maximum rate of tax on net capital gain of noncorporate taxpayersIn the case of taxable years beginning
				after December 31, 2012, the amount determined under subparagraph (C) of
				subsection (b)(3) shall be the sum of—
							(1)15 percent of the lesser of—
								(A)so much of the
				adjusted net capital gain (or, if less, taxable excess) as exceeds the amount
				on which tax is determined under subparagraph (B) of subsection (b)(3),
				or
								(B)the excess
				described in section 1(h)(1)(C)(ii), plus
								(2)20 percent of the adjusted net capital gain
				(or, if less, taxable excess) in excess of the sum of the amounts on which tax
				is determined under subsection (b)(3)(B) and paragraph
				(1).
							.
				(4)Conforming
			 amendments
					(A)The following
			 provisions are amended by striking 15 percent and inserting
			 20 percent:
						(i)Section 1445(e)(1)
			 of such Code.
						(ii)The second
			 sentence of section 7518(g)(6)(A) of such Code.
						(iii)Section
			 53511(f)(2) of title 46, United States Code.
						(B)Sections 531 and
			 541 of the Internal Revenue Code of 1986 are each amended by striking 15
			 percent of and inserting the product of the highest rate of tax
			 under section 1(c) and.
					(C)Section 1445(e)(6) of such Code is amended
			 by striking 15 percent (20 percent in the case of taxable years
			 beginning after December 31, 2011) and inserting 20
			 percent.
					(c)Effective
			 dates
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall apply to taxable years beginning after December 31,
			 2012.
				(2)WithholdingThe
			 amendments made by subparagraphs (A)(i) and (C) of subsection (b)(4) shall
			 apply to amounts paid on or after January 1, 2013.


		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. 2745
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To extend agricultural programs beyond
		  March 15, 2008, to suspend permanent price support authorities beyond that
		  date, and for other purposes.

		1.Extension of agricultural programs
			(a)ExtensionExcept as otherwise provided in this
			 section and notwithstanding any other provision of law, the authorities
			 provided under the Farm Security and Rural Investment Act of 2002 (Public Law
			 107–171; 7 U.S.C. 7901 et seq.) and each amendment made by that Act (and for
			 mandatory programs at such funding levels), as in effect on September 30, 2007,
			 shall continue, and the Secretary of Agriculture shall carry out the
			 authorities, until April 18, 2008.
			(b)Conservation Programs
				(1)Farmland protection programNotwithstanding any other provision of law,
			 the Secretary of Agriculture (referred to in this subsection as the
			 Secretary) shall continue the farmland protection program
			 established under subchapter B of chapter 2 of subtitle D of title XII of the
			 Food Security Act of 1985 (16 U.S.C. 3838h et seq.) at a funding level of
			 $97,000,000 per year.
				(2)Ground and surface water
			 conservationNotwithstanding
			 any other provision of law, the Secretary shall continue the ground and surface
			 water conservation program established under section 1240I of the Food Security
			 Act of 1985 (16 U.S.C. 3839aa–9) at a funding level of $60,000,000 per
			 year.
				(3)Wildlife habitat incentives
			 programNotwithstanding any
			 other provision of law, the Secretary shall continue the wildlife habitat
			 incentive program established under section 1240N of the Food Security Act of
			 1985 (16 U.S.C. 3839bb–1) at a funding level of $85,000,000 per year.
				(c)ExceptionsThis section does not apply with respect to
			 the following provisions of law:
				(1)Section 1307(a)(6) of the Farm Security and
			 Rural Investment Act of 2002 (7 U.S.C. 7957(a)(6)).
				(2)Section 524(b) of the Federal Crop
			 Insurance Act (7 U.S.C. 1524(b)).
				(3)Section 25 of the Food Stamp Act of 1977 (7
			 U.S.C. 2034).
				(4)Section 601(j)(1) of the Rural
			 Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)).
				(5)Section 231(b)(4) of the Agricultural Risk
			 Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106–224).
				(6)Section 9002(k)(2) of the Farm Security and
			 Rural Investment Act of 2002 (7 U.S.C. 8102(k)(2)).
				(7)Section 9004(d) of the Farm Security and
			 Rural Investment Act of 2002 (7 U.S.C. 8104(d)).
				(8)Section 9006(f) of the Farm Security and
			 Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
				(9)Subtitles A through C of title I of the
			 Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.), with
			 respect to the 2008 crops (other than the 2008 crop of a loan commodity
			 described in paragraph (11), (12), (13), or (14) of section 1202(b) of the Farm
			 Security and Rural Investment Act of 2002 (7 U.S.C. 7932(b))).
				(d)Suspension of permanent price support
			 authoritiesThe provisions of
			 law specified in subsections (a) through (c) of section 1602 of the Farm
			 Security and Rural Investment Act of 2002 (7 U.S.C. 7992) shall be suspended
			 through April 18, 2008.
			(e)Relation to Consolidated Appropriations
			 Act, 2008
				(1)In generalExcept as provided in paragraph (2), this
			 section does not apply to the Agriculture, Rural Development, Food and Drug
			 Administration, and Related Agencies Appropriations Act, 2008 (division A of
			 Public Law 110–161; 121 Stat. 1846).
				(2)Repeal of superseded
			 extensionSection 751 of the
			 Agriculture, Rural Development, Food and Drug Administration, and Related
			 Agencies Appropriations Act, 2008 (division A of Public Law 110–161; 121 Stat.
			 1883) is repealed.
				(f)Effective
			 dateThis section and the
			 amendment made by this section shall take effect on March 15, 2008.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


116 HRES 342 IH: Supporting the goals and ideals of National Healthy Schools Day.
U.S. House of Representatives
2019-05-01
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.

IV116th CONGRESS1st SessionH. RES. 342IN THE HOUSE OF REPRESENTATIVESMay 1, 2019Mr. Evans (for himself and Ms. Dean) submitted the following resolution; which was referred to the Committee on Education and LaborRESOLUTIONSupporting the goals and ideals of National Healthy Schools Day.

 Whereas children spend up to half of their day in schools and their environs; Whereas schools have the potential to expose children to a broad array of hazards, including air and drinking water contaminants, toxic substances in the soil, synthetic turf and other media, lead-based paints, pesticides, and other toxins within and outside of schools, asthma-causing pollutants, molds, radon, and asbestos;
 Whereas despite the need to address unsafe levels of lead in school drinking water across the country, in 2019, the Healthy Schools Network reported that as of November 2018 only 9 States required public schools to test at the tap for lead; and further, the T.H. Chan School of Public Health at Harvard University and the Nutrition Policy Institute at the University of California also reported that only 25 States had school drinking water initiatives between January 1, 2016, and February 28, 2018;
 Whereas a 1995 Government Accountability Office (GAO) report on Condition of America’s Schools—the only GAO study on this issue—determined that poor school facility conditions were concentrated in high-poverty schools serving students of color, placing millions of children at risk;
 Whereas according to a 2014 Centers for Disease Control and Prevention survey, only 46.5 percent of schools had a program in place to address indoor air quality issues; and further, that fewer States and districts in 2014 than in 2010 were addressing indoor air;
 Whereas children may also be exposed to toxic contaminants when schools are sited near environmental hazards such as hazardous waste disposal sites, or when schools are renovated or expanded while school is in session;
 Whereas the T.H. Chan School of Public Health Schools for Health study reported that the environmental conditions of schools affect children’s health, thinking, and learning; Whereas environmental contaminants can affect children quite differently than adults, both because children may be more highly exposed to contaminants and they may be more vulnerable to the toxic effects of contaminants; and further, environmental contaminants can affect children disproportionately since their immune defenses are not fully developed and their growing organs are more easily harmed;
 Whereas these environmental problems contribute to absenteeism, child medication use, learning difficulties, sick building syndrome, staff turnover, and greater liability for school districts;
 Whereas there has been a significant rise in the incidence of childhood asthma, learning disabilities, and cancer;
 Whereas a 2018 study, Heat and Learning, by the National Bureau of Economic Research, found that in schools without air conditioning, for every 1 Fahrenheit degree increase in school year temperature, the amount learned by students that year goes down by 1 percent;
 Whereas a 2016 report by the 21st Century School Fund found that, between 2012 and 2013, the average age of the main building of a public school was 44 years old;
 Whereas, in 2017, the American Society of Civil Engineers infrastructure report card stated 53 percent of schools needed to make investments for repairs, renovations, and modernizations to be considered to be in good condition;
 Whereas environmental, public health, and education laws must reflect a heightened sensitivity to the more susceptible nature of children and the mechanisms by which exposures and impacts affect children;
 Whereas providing for the rights of children, parents, teachers and other educators, and the public to access information about known hazards in schools will allow these persons to make informed choices about environmental exposures for their children and themselves;
 Whereas healthy and high-performance schools are designed to reduce energy and maintenance costs, while providing cleaner indoor air and environmental quality, improved lighting, reduced exposures to toxic substances, materials and supplies, thereby providing a healthier and safer learning environment for children and work environment for personnel, fostering attendance, achievement, and productivity;
 Whereas the House of Representatives has been a consistent and powerful advocate for the protection of our children and a strong supporter of public education;
 Whereas the House of Representatives seeks to promote healthy learning places for all children and workplaces for school personnel;
 Whereas Federal, State, local, and private sector entities should work together to ensure that resources are used effectively and efficiently to address environmental health and safety conditions of schools; and
 Whereas May 1, 2019, is recognized as National Healthy Schools Day: Now, therefore, be it  That the House of Representatives—
 (1)supports the goals and ideals of National Healthy Schools Day; (2)recognizes the importance of improving our children’s aging school buildings;
 (3)encourages State and local governments, including their public health, education, environment, energy, and labor agencies, to coordinate their efforts to assist local schools, and to publicize the importance of healthful learning environments in their communities; and
 (4)supports a national commitment to preventing the deterioration of our schools and to fixing our crumbling school facilities.


		II
		111th CONGRESS
		1st Session
		S. 2861
		IN THE SENATE OF THE UNITED
		  STATES

			December 9, 2009
			Ms. Snowe (for herself
			 and Ms. Landrieu) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Trade Act of 1974 to establish
		  an Assistant United States Trade Representative for Small Business, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Small Business Trade Representation
			 Act of 2009.
		2.Assistant United States Trade
			 Representative for Small Business
			(a)Establishment of positionSection 141(c) of the
			 Trade Act of 1974 (19 U.S.C. 2171(c))
			 is amended by adding at the end the following new paragraph:

					(6)(A)There is established within the Office the
				position of Assistant United States Trade Representative for Small Business,
				who shall be appointed by the United States Trade Representative.
						(B)The Assistant United States Trade
				Representative for Small Business shall—
							(i)promote the trade interests of
				small-business concerns (as that term is defined in section 103 of the Small
				Business Investment Act of 1958 (15 U.S.C. 662));
							(ii)advocate for the reduction of foreign trade
				barriers with respect to the trade issues of small-business concerns that are
				exporters;
							(iii)collaborate with the Administrator of the
				Small Business Administration with respect to the trade issues of
				small-business concerns;
							(iv)assist the United States Trade
				Representative in developing trade policies that increase opportunities for
				small-business concerns in foreign and domestic markets, including polices that
				reduce trade barriers for small-business concerns; and
							(v)perform such other duties as the United
				States Trade Representative may direct.
							(C)The Assistant United States Trade
				Representative for Small Business shall be compensated at the rate provided for
				level IV of the Executive Schedule under section 5315 of title 5, United States
				Code.
						.
			(b)Conforming repealSection 2112 of the Bipartisan Trade
			 Promotion Authority Act of 2002 (19 U.S.C. 3812) is repealed.
			(c)Technical correctionsSection 141 of the Trade Act of 1974 (19
			 U.S.C. 2171), as amended by subsection (a), is further amended—
				(1)in subsection (c), by moving paragraph (5)
			 2 ems to the left; and
				(2)in subsection (e)—
					(A)in paragraph (1), by striking
			 5314 and inserting 5315; and
					(B)in paragraph (2), by striking the
			 maximum rate of pay for grade GS–18 as provided in section 5332 and
			 inserting the maximum rate of pay for level IV of the Executive Schedule
			 in section 5315.


		IIB
		111th CONGRESS
		1st Session
		H. R. 3224
		IN THE SENATE OF THE UNITED
		  STATES

			December 9, 2009
			Received

			December 24, 2009
			Read twice and referred to the
			 Committee on Rules and
			 Administration

		AN ACT
		To authorize the Board of Regents of the
		  Smithsonian Institution to plan, design, and construct a vehicle maintenance
		  building at the vehicle maintenance branch of the Smithsonian Institution
		  located in Suitland, Maryland, and for other purposes.

		1.Vehicle maintenance building, Suitland,
			 Maryland
			(a)Authority To plan, design, and
			 constructThe Board of
			 Regents of the Smithsonian Institution is authorized to plan, design, and
			 construct a vehicle maintenance building at the vehicle maintenance branch of
			 the Smithsonian Institution located in Suitland, Maryland.
			(b)Purpose of buildingThe purpose of the building shall be to
			 provide a facility to be used for housing, maintaining, and repairing vehicles
			 and transportation equipment of the Smithsonian Institution.
			2.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to carry out this Act $4,000,000 for fiscal year
			 2010.

			Passed the House of
			 Representatives December 8, 2009.
			Lorraine C. Miller,
			Clerk.


117 HR 2062 : Protecting Older Workers Against Discrimination Act of 2021
U.S. House of Representatives
2021-06-24
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.

IIB117th CONGRESS1st SessionH. R. 2062IN THE SENATE OF THE UNITED STATESJune 24, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and PensionsAN ACTTo amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes.1.Short titleThis Act may be cited as the Protecting Older Workers Against Discrimination Act of 2021.2.Standards of proof(a)Age discrimination in employment Act of 1967(1)Clarifying prohibition against impermissible consideration of age in employment practicesSection 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection (f) the following:(g)(1)Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice.(2)In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party—(A)may rely on any type or form of admissible evidence; and(B)shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice..(2)RemediesSection 7 of such Act (29 U.S.C. 626) is amended—(A)in subsection (b)—(i)in the first sentence, by striking The and inserting (1) The;(ii)in the third sentence, by striking Amounts and inserting the following:(2)Amounts;(iii)in the fifth sentence, by striking Before and inserting the following:(4)Before; and(iv)by inserting before paragraph (4), as designated by clause (iii) of this subparagraph, the following:(3)On a claim in which an individual demonstrates that age was a motivating factor for any employment practice under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court—(A)may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and(B)shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.; and(B)in subsection (c)(1), by striking Any and inserting Subject to subsection (b)(3), any.(3)DefinitionsSection 11 of such Act (29 U.S.C. 630) is amended by adding at the end the following:(m)The term demonstrates means meets the burdens of production and persuasion..(4)Federal employeesSection 15 of such Act (29 U.S.C. 633a) is amended by adding at the end the following:(h)Sections 4(g) and 7(b)(3) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section..(b)Title VII of the Civil Rights Act of 1964(1)Clarifying prohibition against impermissible consideration of race, color, religion, sex, or national origin in employment practicesSection 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by striking subsection (m) and inserting the following:(m)Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, national origin, or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice.. (2)Federal employeesSection 717 of such Act (42 U.S.C. 2000e–16) is amended by adding at the end the following:(g)Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section..(c)Americans With Disabilities Act of 1990(1)DefinitionsSection 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding at the end the following:(11)DemonstratesThe term demonstrates means meets the burdens of production and persuasion..(2)Clarifying prohibition against impermissible consideration of disability in employment practicesSection 102 of such Act (42 U.S.C. 12112) is amended by adding at the end the following:(e)Proof(1)EstablishmentExcept as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice.(2)DemonstrationIn establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party—(A)may rely on any type or form of admissible evidence; and(B)shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice..(3)Certain anti-retaliation claimsSection 503(c) of such Act (42 U.S.C. 12203(c)) is amended—(A)by striking The remedies and inserting the following:(1)In generalExcept as provided in paragraph (2), the remedies; and(B)by adding at the end the following:(2)Certain anti-retaliation claimsSection 107(c) shall apply to claims under section 102(e)(1) with respect to title I..(4)RemediesSection 107 of such Act (42 U.S.C. 12117) is amended by adding at the end the following:(c)Discriminatory motivating factorOn a claim in which an individual demonstrates that disability was a motivating factor for any employment practice under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court—(1)may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and(2)shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment..(d)Rehabilitation Act of 1973(1)In generalSections 501(f), 503(d), and 504(d) of the Rehabilitation Act of 1973 (29 U.S.C. 791(f), 793(d), and 794(d)), are each amended by adding after title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) the following: , including the standards of causation or methods of proof applied under section 102(e) of that Act (42 U.S.C. 12112(e)),.(2)Federal employeesThe amendment made by paragraph (1) to section 501(f) of the Rehabilitation Act of 1973 (29 U.S.C. 791(f)) shall be construed to apply to all employees covered by section 501 of that Act (29 U.S.C. 791).3.ApplicationThis Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act. 4.SeverabilityIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. 5.Study and report to CongressNot later than 1 year after the date of the enactment of this Act, the Secretary of Labor and the Equal Employment Opportunity Commission shall jointly conduct a study to determine the number of claims pending or filed, in addition to cases closed, by women who may have been adversely impacted by age discrimination as a motivating factor in workplace discrimination or employment termination. The Secretary of Labor and Chairman of the Commission shall jointly submit to the Congress, and make available to the public, a report that contains the results of the study, including recommendations for best practices to prevent and to combat gender and age discrimination as it relates to women in the workplace.6.ReportsThe Chairman of Equal Employment Opportunity Commission shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report at 1-year intervals on the number of age discrimination in employment claims brought under this Act with the Equal Employment Opportunity Commission in the period for which such report is submitted.7.Report(a)ReportNot later than 2 years after the date of enactment of this Act, the Equal Employment Opportunity Employment Commission shall submit to the Congress, and make available to the public, a report that contains analysis of any disparities that covered individuals, as defined in subsection (b), face in pursuing relief from discrimination in employment under the mixed motive evidentiary standard. (b)Covered individuals definedThe term covered individuals means individuals who face discrimination in employment based on characteristics protected under the Age Discrimination in Employment Act of 1967 combined with one or more intersectional characteristics protected under title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Rehabilitation Act of 1973.Passed the House of Representatives June 23, 2021.Cheryl L. Johnson,Clerk


114 HR 464 IH: Constitutional Check and Balance Act
U.S. House of Representatives
2015-01-22
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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. 464
IN THE HOUSE OF REPRESENTATIVES

January 22, 2015
Mr. Poe of Texas (for himself, Mr. Farenthold, and Mr. Ribble) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To authorize Members of Congress to bring an action for declaratory and injunctive relief in response to a written statement by the President or any other official in the executive branch directing officials of the executive branch to not enforce a provision of law.

1.Short titleThis Act may be cited as the Constitutional Check and Balance Act. 2.Authorizing cause of action by Members of Congress in response to written statement by the President or other executive branch official directing executive branch officials to not enforce a law (a)Cause of Action AuthorizedIf the President or any other official in the executive branch issues a memorandum or other written statement directing any official in the executive branch to not enforce a provision of law, a Member of Congress who meets the criteria described in subsection (b) may bring an action for declaratory or injunctive relief in an appropriate United States district court to compel such official to enforce that provision of law.
(b)Criteria for EligibilityA Member of Congress meets the criteria described in this subsection with respect to a provision of law if the Member cast a recorded vote on final passage of the version of the bill or joint resolution which was enacted into law and included that provision.