114 HR 5657 IH: H–1B and L–1 Visa Reform Act of 2016
U.S. House of Representatives
2016-07-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 5657IN THE HOUSE OF REPRESENTATIVESJuly 7, 2016Mr. Pascrell (for himself and Mr. Rohrabacher) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Immigration and Nationality Act to reform and reduce fraud and abuse in certain visa
			 programs for aliens working temporarily in the United States, and for
			 other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the H–1B and L–1 Visa Reform Act of 2016. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					TITLE I—H–1B visa fraud and abuse protections
					Subtitle A—H–1B employer application requirements
					Sec. 101. Modification of application requirements.
					Sec. 102. New application requirements.
					Sec. 103. Application review requirements.
					Sec. 104. H–1B visa allocation.
					Sec. 105. H–1B workers employed by institutions of higher education.
					Sec. 106. Specialty occupation to require an actual degree.
					Sec. 107. Labor condition application fee.
					Sec. 108. H–1B subpoena authority for the Department of Labor.
					Sec. 109. Limitation on extension of H–1B petition.
					Sec. 110. Elimination of B–1 in lieu of H–1.
					Subtitle B—Investigation and disposition of complaints against H–1B employers
					Sec. 111. General modification of procedures for investigation and disposition.
					Sec. 112. Investigation, working conditions, and penalties.
					Sec. 113. Waiver requirements.
					Sec. 114. Initiation of investigations.
					Sec. 115. Information sharing.
					Sec. 116. Conforming amendment.
					Subtitle C—Other protections
					Sec. 121. Posting available positions through the Department of Labor.
					Sec. 122. Transparency and report on wage system.
					Sec. 123. Requirements for information for H–1B and L–1 nonimmigrants.
					Sec. 124. Additional Department of Labor employees.
					Sec. 125. Technical correction.
					Sec. 126. Application.
					TITLE II—L–1 visa fraud and abuse protections
					Sec. 201. Prohibition on replacement of United States workers and restricting outplacement of L–1
			 nonimmigrants.
					Sec. 202. L–1 employer petition requirements for employment at new offices.
					Sec. 203. Cooperation with Secretary of State.
					Sec. 204. Investigation and disposition of complaints against L–1 employers.
					Sec. 205. Wage rate and working conditions for L–1 nonimmigrants.
					Sec. 206. Penalties.
					Sec. 207. Prohibition on retaliation against L–1 nonimmigrants.
					Sec. 208. Adjudication by Department of Homeland Security of petitions under blanket petition.
					Sec. 209. Reports on employment-based nonimmigrants.
					Sec. 210. Specialized knowledge.
					Sec. 211. Technical amendments.
					Sec. 212. Application.
			IH–1B visa fraud and abuse protections
			AH–1B employer application requirements
				101.Modification of application requirements
 (a)General application requirementsSection 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows:

 (A)The employer— (i)is offering and will offer to H–1B nonimmigrants, during the period of authorized employment for each H–1B nonimmigrant, wages that are determined based on the best information available at the time the application is filed and which are not less than the highest of—
 (I)the locally determined prevailing wage level for the occupational classification in the area of employment;
 (II)the median wage for all workers in the occupational classification in the area of employment; and (III)the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and
 (ii)will provide working conditions for such H–1B nonimmigrant that will not adversely affect the working conditions of United States workers similarly employed by the employer or by an employer with which such H–1B nonimmigrant is placed pursuant to a waiver under paragraph (2)(E)..
 (b)Internet posting requirementSection 212(n)(1)(C) of such Act is amended— (1)by redesignating clause (ii) as subclause (II);
 (2)by striking (i) has provided and inserting the following:  (ii)(I)has provided; and
 (3)by inserting before clause (ii), as redesignated by paragraph (2), the following:  (i)has posted on the Internet website described in paragraph (3), for at least 30 calendar days, a detailed description of each position for which a nonimmigrant is sought that includes a description of—
 (I)the wages and other terms and conditions of employment; (II)the minimum education, training, experience, and other requirements for the position; and
 (III)the process for applying for the position; and. (c)Wage determination informationSection 212(n)(1)(D) of such Act is amended by inserting the wage determination methodology used under subparagraph (A)(i), after shall contain.
					(d)Application of requirements to all employers
 (1)NondisplacementSection 212(n)(1)(E) of such Act is amended to read as follows:  (E)(i)The employer—
 (I)will not at any time replace a United States worker with one or more H–1B nonimmigrants; and (II)did not displace and will not displace a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer.
 (ii)The 180-day period referred to in clause (i) may not include any period of on-site or virtual training of H–1B nonimmigrants by employees of the employer..
 (2)RecruitmentSection 212(n)(1)(G)(i) of such Act is amended by striking In the case of an application described in subparagraph (E)(ii), subject and inserting Subject. (e)Waiver requirementSection 212(n)(1)(F) of such Act is amended to read as follows:

 (F)The employer will not place, outsource, lease, or otherwise contract for the services or placement of H–1B nonimmigrants with another employer, regardless of the physical location where such services will be performed, unless the employer of the alien has been granted a waiver under paragraph (2)(E)..
 102.New application requirementsSection 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by section 101, is further amended by inserting after subparagraph (G)(ii) the following:

 (H)(i)The employer, or a person or entity acting on the employer’s behalf, has not advertised any available position specified in the application in an advertisement that states or indicates that—
 (I)such position is only available to an individual who is or will be an H–1B nonimmigrant; or (II)an individual who is or will be an H–1B nonimmigrant shall receive priority or a preference in the hiring process for such position.
 (ii)The employer has not primarily recruited individuals who are or who will be H–1B nonimmigrants to fill such position.
 (I)If the employer employs 50 or more employees in the United States— (i)the sum of the number of such employees who are H–1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees; and
 (ii)the employer’s corporate organization has not been restructured to evade the limitation under clause (i).
 (J)If the employer, in such previous period as the Secretary shall specify, employed one or more H–1B nonimmigrants, the employer will submit to the Secretary the Internal Revenue Service Form W–2 Wage and Tax Statements filed by the employer with respect to the H–1B nonimmigrants for such period..
				103.Application review requirements
 (a)Technical amendmentSection 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by sections 101 and 102, is further amended, in the undesignated paragraph at the end, by striking The employer and inserting the following:

 (K)The employer.. (b)Application review requirementsSection 212(n)(1)(K), as designated by subsection (a), is amended—
 (1)in the fourth sentence, by inserting and through the Department of Labor’s website, without charge. after D.C.; (2)in the fifth sentence, by striking only for completeness and inserting for completeness, indicators of fraud or misrepresentation of material fact,;
 (3)in the sixth sentence— (A)by striking or obviously inaccurate and inserting , presents indicators of fraud or misrepresentation of material fact, or is obviously inaccurate; and
 (B)by striking within 7 days of and inserting not later than 14 days after; and (4)by adding at the end the following: If the Secretary of Labor’s review of an application identifies indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2)..
 104.H–1B visa allocationSection 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(3)), is amended— (1)by striking the first sentence and inserting the following:

 (A)Subject to subparagraph (B), aliens who are subject to the numerical limitations under paragraph (1)(A) shall be issued visas, or otherwise provided nonimmigrant status, in a manner and order established by the Secretary by regulation.; and
 (2)by adding at the end the following:  (B)The Secretary shall consider petitions for nonimmigrant status under section 101(a)(15)(H)(i)(b) in the following order:
 (i)Petitions for nonimmigrants described in section 101(a)(15)(F) who, while physically present in the United States, have earned an advanced degree in a field of science, technology, engineering, or mathematics from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that has been accredited by an accrediting entity that is recognized by the Department of Education.
 (ii)Petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level 4 in the occupational classification found in the most recent Occupational Employment Statistics survey.
 (iii)Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of any other advanced degree program, undertaken while physically present in the United States, from an institution of higher education described in clause (i).
 (iv)Petitions certifying that the employer will be paying the nonimmigrant the median wage for skill level 3 in the occupational classification found in the most recent Occupational Employment Statistics survey.
 (v)Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of a bachelor’s degree program, undertaken while physically present in the United States, in a field of science, technology, engineering, or mathematics from an institution of higher education described in clause (i).
 (vi)Petitions for nonimmigrants described in section 101(a)(15)(F) who are graduates of bachelor’s degree programs, undertaken while physically present in the United States, in any other fields from an institution of higher education described in clause (i).
 (vii)Petitions for aliens who will be working in occupations listed in Group I of the Department of Labor’s Schedule A of occupations in which the Secretary of Labor has determined there are not sufficient United States workers who are able, willing, qualified, and available.
 (viii)Petitions filed by employers meeting the following criteria of good corporate citizenship and compliance with the immigration laws:
 (I)The employer is in possession of— (aa)a valid E-Verify company identification number; or
 (bb)if the enterprise is using a designated agent to perform E-Verify queries, a valid E-Verify client company identification number and documentation from U.S. Citizenship and Immigration Services that the commercial enterprise is a participant in good standing in the E-Verify program.
 (II)The employer is not under investigation by any Federal agency for violation of the immigration laws or labor laws.
 (III)A Federal agency has not determined, during the immediately preceding 5 years, that the employer violated the immigration laws or labor laws.
 (IV)During each of the preceding 3 fiscal years, at least 90 percent of the petitions filed by the employer under section 101(a)(15)(H)(i)(b) were approved.
 (V)The employer has filed, pursuant to section 204(a)(1)(F), employment-based immigrant petitions, including an approved labor certification application under section 212(a)(5)(A), for at least 90 percent of employees imported under section 101(a)(15)(H)(i)(b) during the preceding 3 fiscal years.
 (ix)Any remaining petitions. (C)In this paragraph the term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, and physical sciences..
 105.H–1B workers employed by institutions of higher educationSections 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended by striking is employed (or has received an offer of employment) at at each place such phrase appears and inserting is employed by (or has received an offer of employment from).
 106.Specialty occupation to require an actual degreeSection 214(i) of the Immigration and Nationality Act (8 U.S.C. 1184(i)) is amended— (1)in paragraph (1), by amending subparagraph (B) to read as follows:

 (B)attainment of a bachelor's or higher degree in the specific specialty directly related to the occupation as a minimum for entry into the occupation in the United States.; and
 (2)by striking paragraph (2) and inserting the following:  (2)For purposes of section 101(a)(15)(H)(i)(b), the requirements of this paragraph, with respect to a specialty occupation, are—
 (A)full State licensure to practice in the occupation, if such licensure is required to practice in the occupation; or
 (B)if a license is not required to practice in the occupation— (i)completion of a United States degree described in paragraph (1)(B) for the occupation; or
 (ii)completion of a foreign degree equivalent to a United States degree described in paragraph (1)(B) for the occupation..
 107.Labor condition application feeSection 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)), as amended by sections 101 through 103, is further amended by adding at the end the following:

 (6)(A)The Secretary of Labor shall promulgate a regulation that requires applicants under this subsection to pay a reasonable application processing fee.
 (B)All of the fees collected under this paragraph shall be deposited as offsetting receipts in a separate account within the general fund of the Treasury, which shall be known as the H–1B Administration, Oversight, Investigation, and Enforcement Account and shall remain available until expended. The Secretary of the Treasury shall refund amounts in such account to the Secretary of Labor for salaries and related expenses associated with the administration, oversight, investigation, and enforcement of the H–1B nonimmigrant visa program..
 108.H–1B subpoena authority for the Department of LaborSection 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended— (1)by redesignating subparagraph (I) as subparagraph (J); and
 (2)by inserting after subparagraph (H) the following:  (I)The Secretary of Labor is authorized to take such actions, including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to ensure employer compliance with the terms and conditions under this subsection. The rights and remedies provided to H–1B nonimmigrants under this subsection are in addition to any other contractual or statutory rights and remedies of such nonimmigrants and are not intended to alter or affect such rights and remedies..
 109.Limitation on extension of H–1B petitionSection 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended to read as follows:

 (4)(A)Except as provided in subparagraph (B), the period of authorized admission as a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 3 years.
 (B)The period of authorized admission as a nonimmigrant described in subparagraph (A) who is the beneficiary of an approved employment-based immigrant petition under section 204(a)(1)(F) may be authorized for a period of up to 3 additional years if the total period of stay does not exceed 6 years, except for an extension under section 104(c) or 106(b) of the American Competitiveness in the Twenty-First Century Act of 2000 (8 U.S.C. 1184 note)..
 110.Elimination of B–1 in lieu of H–1Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:

 (12)Unless otherwise authorized by law, an alien normally classifiable under section 101(a)(15)(H)(i) who seeks admission to the United States to provide services in a specialty occupation described in paragraph (1) or (3) of subsection (i) may not be issued a visa or admitted under section 101(a)(15)(B) for such purpose. Nothing in this paragraph may be construed to authorize the admission of an alien under section 101(a)(15)(B) who is coming to the United States for the purpose of performing skilled or unskilled labor if such admission is not otherwise authorized by law..
				BInvestigation and disposition of complaints against H–1B employers
 111.General modification of procedures for investigation and dispositionSection 212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended— (1)by striking (A) Subject and inserting the following:

 (A)(i)Subject; (2)by striking 12 months and inserting 2 years;
 (3)by striking the last sentence; and (4)by adding at the end the following:

 (ii)(I)Upon the receipt of a complaint under clause (i), the Secretary may initiate an investigation to determine if such failure or misrepresentation has occurred.
 (II)The Secretary may— (aa)conduct surveys of the degree to which employers comply with the requirements under this subsection; and
 (bb)conduct compliance audits of employers that employ H–1B nonimmigrants. (III)The Secretary shall—
 (aa)conduct annual compliance audits of not fewer than 1 percent of the employers that employ H–1B nonimmigrants during the applicable calendar year;
 (bb)conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H–1B nonimmigrants; and
 (cc)make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause.
 (iii)The process for receiving complaints under clause (i) shall include a hotline that is accessible 24 hours a day, by telephonic and electronic means..
 112.Investigation, working conditions, and penaltiesSection 212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended— (1)in clause (i)—
 (A)in the matter preceding subclause (I), by striking a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I) and inserting a condition under subparagraph (A), (B), (C), (D), (E), (F), (G)(i), (H), (I), or (J) of paragraph (1);
 (B)in subclause (I)— (i)by striking $1,000 and inserting $5,000; and
 (ii)by striking and at the end; (C)in subclause (II), by striking the period at the end and inserting ; and; and
 (D)by adding at the end the following:  (III)an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits.;
 (2)in clause (ii)— (A)in subclause (I)—
 (i)by striking may and inserting shall; and (ii)by striking $5,000 and inserting $25,000;
 (B)in subclause (II), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (III)an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits.;
 (3)in clause (iii)— (A)in the matter preceding subclause (I), by striking displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application and inserting displaced or replaced a United States worker in violation of subparagraph (E);
 (B)in subclause (I)— (i)by striking may and inserting shall;
 (ii)by striking $35,000 and inserting $150,000; and (iii)by striking and at the end;
 (C)in subclause (II), by striking the period at the end and inserting ; and; and (D)by adding at the end the following:

 (III)an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits.;
 (4)by striking clause (iv) and inserting the following:  (iv)(I)An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee—
 (aa)disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or
 (bb)cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection.
 (II)In this subparagraph, the term employee includes— (aa)a current employee;
 (bb)a former employee; and (cc)an applicant for employment.
 (III)An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits.; and
 (5)in clause (vi)— (A)by amending subclause (I) to read as follows:

 (I)It is a violation of this clause for an employer that has filed an application under this subsection—
 (aa)to require an H–1B nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date agreed to by the nonimmigrant and the employer; or
 (bb)to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including—
 (AA)the opportunity to participate in health, life, disability, and other insurance plans; (BB)the opportunity to participate in retirement and savings plans; and
 (CC)cash bonuses and noncash compensation, such as stock options (whether or not based on performance).; and (B)in subclause (III), by striking $1,000 and inserting $5,000.
						113.Waiver requirements
 (a)In generalSection 212(n)(2)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(E)) is amended to read as follows:

 (E)(i)The Secretary of Labor may waive the prohibition under paragraph (1)(F) if the Secretary determines that the employer seeking such waiver has established that—
 (I)the employer with which the H–1B nonimmigrant would be placed— (aa)does not intend to replace a United States worker with one or more H–1B nonimmigrants; and
 (bb)has not displaced, and does not intend to displace, a United States worker employed by the employer within the period beginning 180 days before the date of the placement of the nonimmigrant with the employer and ending 180 days after such date (not including any period of on-site or virtual training of H–1B nonimmigrants by employees of the employer);
 (II)the H–1B nonimmigrant will be principally controlled and supervised by the petitioning employer; and
 (III)the placement of the H–1B nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with which the H–1B nonimmigrant will be placed.
 (ii)The Secretary shall grant or deny a waiver under this subparagraph not later than 7 days after the date on which the Secretary receives an application for such waiver..
					(b)Rulemaking
 (1)Rules for waiversThe Secretary of Labor, after notice and a period for comment, shall promulgate a final rule for an employer to apply for a waiver under section 212(n)(2)(E) of the Immigration and Nationality Act, as amended by subsection (a).
 (2)Requirement for publicationThe Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the rules required under paragraph (1) are published.
 114.Initiation of investigationsSection 212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)) is amended— (1)in clause (i), by striking if the Secretary of Labor and all that follows and inserting with regard to the employer’s compliance with the requirements under this subsection.;
 (2)in clause (ii), by striking and whose identity and all that follows through failure or failures. and inserting the Secretary may conduct an investigation into the employer’s compliance with the requirements under this subsection.;
 (3)in clause (iii), by striking the last sentence; (4)by striking clauses (iv) and (v);
 (5)by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (6)in clause (iv), as redesignated, by striking meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months and inserting comply with the requirements under this subsection unless the Secretary of Labor receives the information not later than 2 years;
 (7)by amending clause (v), as redesignated, to read as follows:  (v)(I)Except as provided in subclause (II), the Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. Such notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced.
 (II)The Secretary of Labor is not required to comply with subclause (I) if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements under this subsection.
 (III)A determination by the Secretary of Labor under this clause shall not be subject to judicial review.;
 (8)in clause (vi), as redesignated, by striking An investigation and all that follows through the determination. and inserting If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary, not later than 120 days after the date of such determination, shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code.; and
 (9)by adding at the end the following:  (vii)If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty in accordance with subparagraph (C)..
 115.Information sharingSection 212(n)(2)(H) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(H)) is amended to read as follows:

 (H)The Director of U.S. Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H–1B nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for H–1B nonimmigrants. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph..
 116.Conforming amendmentSection 212(n)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(F)) is amended by striking The preceding sentence shall apply to an employer regardless of whether or not the employer is an H–1B-dependent employer..
				COther protections
				121.Posting available positions through the Department of Labor
 (a)Department of Labor websiteSection 212(n)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended to read as follows:

 (3)(A)Not later than 90 days after the date of the enactment of the H–1B and L–1 Visa Reform Act of 2016, the Secretary of Labor shall establish a searchable Internet website for posting positions in accordance with paragraph (1)(C) that is available to the public without charge.
 (B)The Secretary may work with private companies or nonprofit organizations to develop and operate the Internet website described in subparagraph (A).
 (C)The Secretary may promulgate rules, after notice and a period for comment, to carry out this paragraph..
 (b)Publication requirementThe Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the Internet website required under section 212(n)(3) of the Immigration and Nationality Act, as amended by subsection (a), will be operational.
 (c)ApplicationThe amendments made by subsection (a) shall apply to an application filed on or after the date that is 30 days after the date described in subsection (b).
					122.Transparency and report on wage system
 (a)Immigration documentsSection 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following:

							(m)Employer To provide immigration paperwork exchanged with Federal agencies
 (1)In generalNot later than 21 business days after receiving a written request from a former, current, or prospective employee of an employer who is the beneficiary of an employment-based nonimmigrant petition filed by the employer, such employer shall provide such employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency or department that is related to an immigrant or nonimmigrant petition filed by the employer for such employee or beneficiary.
 (2)Withholding of financial or proprietary informationIf a document required to be provided to an employee or prospective employee under paragraph (1) includes any sensitive financial or proprietary information of the employer, the employer may redact such information from the copies provided to such person..
 (b)GAO report on job classification and wage determinationsNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare a report that—
 (1)analyzes the accuracy and effectiveness of the Secretary of Labor’s current job classification and wage determination system;
 (2)specifically addresses whether the systems in place accurately reflect the complexity of current job types and geographic wage differences; and
 (3)makes recommendations concerning necessary updates and modifications. 123.Requirements for information for H–1B and L–1 nonimmigrantsSection 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:

						(s)Requirements for information for H–1B and L–1 nonimmigrants
 (1)In generalUpon issuing a visa to an applicant, who is outside the United States, for nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15), the issuing office shall provide the applicant with—
 (A)a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under Federal law, including labor and wage protections;
 (B)the contact information for appropriate Federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights; and
 (C)a copy of the petition submitted for the nonimmigrant under section 212(n) or the petition submitted for the nonimmigrant under subsection (c)(2)(A), as appropriate.
 (2)Applicants inside the united statesUpon the approval of an initial petition filed for an alien who is in the United States and seeking status under subparagraph (H)(i)(b) or (L) of section 101(a)(15), the Secretary of Homeland Security shall provide the applicant with the material described in subparagraphs (A), (B), and (C) of paragraph (1)..
				124.Additional Department of Labor employees
 (a)In generalThe Secretary of Labor is authorized to hire up to 200 additional employees to administer, oversee, investigate, and enforce programs involving nonimmigrant employees described in section 101(a)(15)(H)(i)(B).
 (b)Source of fundsThe cost of hiring the additional employees authorized to be hired under subsection (a) shall be recovered with funds from the H–1B Administration, Oversight, Investigation, and Enforcement Account established under section 212(n)(6) of the Immigration and Nationality Act, as added by section 107.
 125.Technical correctionSection 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by redesignating the second subsection (t), as added by section 1(b)(2)(B) of the Act entitled An Act to amend and extend the Irish Peace Process Cultural and Training Program Act of 1998 (Public Law 108–449; 118 Stat. 3470), as subsection (u).
 126.ApplicationExcept as specifically otherwise provided, the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this Act.
				IIL–1 visa fraud and abuse protections
			201.Prohibition on replacement of United States workers and restricting outplacement of L–1
			 nonimmigrants
 (a)Restriction on outplacement of L–1 workersSection 214(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(F)) is amended to read as follows:

 (F)(i)Unless an employer receives a waiver under clause (ii), an employer may not employ an alien, for a cumulative period exceeding 1 year, who—
 (I)will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L); and
 (II)will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent, including pursuant to an outsourcing, leasing, or other contracting agreement.
 (ii)The Secretary of Labor may grant a waiver of the requirements under clause (i) if the Secretary determines that the employer requesting such waiver has established that—
 (I)the employer with which the alien referred to in clause (i) would be placed— (aa)will not at any time replace a United States worker with one or more nonimmigrants described in section 101(a)(15)(L); and
 (bb)has not displaced and does not intend to displace a United States worker employed by the employer within the period beginning 180 days before the date of the placement of such alien with the employer and ending 180 days after such date (not including any period of on-site or virtual training of nonimmigrants described in section 101(a)(15)(L) by employees of the employer);
 (II)such alien will be principally controlled and supervised by the petitioning employer; and (III)the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with which the nonimmigrant will be placed, rather than a placement in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.
 (iii)The Secretary shall grant or deny a waiver under clause (ii) not later than 7 days after the date on which the Secretary receives the application for the waiver..
 (b)Prohibition on replacement of United States workersSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following:

 (G)(i)An employer importing an alien as a nonimmigrant under section 101(a)(15)(L)— (I)may not at any time replace a United States worker (as defined in section 212(n)(4)(E)) with one or more such nonimmigrants; and
 (II)may not displace a United States worker (as defined in section 212(n)(4)(E)) employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of such a nonimmigrant with the employer.
 (ii)The 180-day period referenced in subclause (II) of clause (i) may not include any period of on-site or virtual training of nonimmigrants described in clause (i) by employees of the employer..
 (c)RulemakingThe Secretary of Homeland Security, after notice and a period for comment, shall promulgate rules for an employer to apply for a waiver under section 214(c)(2)(F)(ii), as added by subsection (a).
 202.L–1 employer petition requirements for employment at new officesSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by section 201, is further amended by adding at the end the following:

 (H)(i)If the beneficiary of a petition under this paragraph is coming to the United States to open, or be employed in, a new office, the petition may be approved for up to 12 months only if—
 (I)the alien has not been the beneficiary of two or more petitions under this subparagraph during the immediately preceding 2 years; and
 (II)the employer operating the new office has— (aa)an adequate business plan;
 (bb)sufficient physical premises to carry out the proposed business activities; and (cc)the financial ability to commence doing business immediately upon the approval of the petition.
 (ii)An extension of the approval period under clause (i) may not be granted until the importing employer submits an application to the Secretary of Homeland Security that contains—
 (I)evidence that the importing employer meets the requirements of this subsection; (II)evidence that the beneficiary of the petition is eligible for nonimmigrant status under section 101(a)(15)(L);
 (III)a statement summarizing the original petition; (IV)evidence that the importing employer has fully complied with the business plan submitted under clause (i)(I);
 (V)evidence of the truthfulness of any representations made in connection with the filing of the original petition;
 (VI)evidence that the importing employer, for the entire period beginning on the date on which the petition was approved under clause (i), has been doing business at the new office through regular, systematic, and continuous provision of goods and services;
 (VII)a statement of the duties the beneficiary has performed at the new office during the approval period under clause (i) and the duties the beneficiary will perform at the new office during the extension period granted under this clause;
 (VIII)a statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees;
 (IX)evidence of wages paid to employees; (X)evidence of the financial status of the new office; and
 (XI)any other evidence or data prescribed by the Secretary. (iii)A new office employing the beneficiary of an L–1 petition approved under this paragraph shall do business only through regular, systematic, and continuous provision of goods and services for the entire period for which the petition is sought.
 (iv)Notwithstanding clause (ii), and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security, in the Secretary’s discretion, may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted 12-month period if the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services for the 6 months immediately preceding the date of extension petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances, as determined by the Secretary in the Secretary’s discretion..
 203.Cooperation with Secretary of StateSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 and 202, is further amended by adding at the end the following:

 (I)The Secretary of Homeland Security shall work cooperatively with the Secretary of State to verify the existence or continued existence of a company or office in the United States or in a foreign country for purposes of approving petitions under this paragraph..
 204.Investigation and disposition of complaints against L–1 employersSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 through 203, is further amended by adding at the end the following:

 (J)(i)The Secretary of Homeland Security may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(L) with regard to the employer’s compliance with the requirements of this subsection.
 (ii)If the Secretary receives specific credible information from a source who is likely to have knowledge of an employer’s practices, employment conditions, or compliance with the requirements under this subsection, the Secretary may conduct an investigation into the employer’s compliance with the requirements of this subsection. The Secretary may withhold the identity of the source from the employer, and the source’s identity shall not be subject to disclosure under section 552 of title 5, United States Code.
 (iii)The Secretary shall establish a procedure for any person desiring to provide to the Secretary information described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person.
 (iv)No investigation described in clause (ii) (or hearing described in clause (vi) based on such investigation) may be conducted with respect to information about a failure to comply with the requirements under this subsection, unless the Secretary receives the information not later than 24 months after the date of the alleged failure.
 (v)Before commencing an investigation of an employer under clause (i) or (ii), the Secretary shall provide notice to the employer of the intent to conduct such investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause.
 (vi)If the Secretary, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 120 days after the date of the hearing.
 (vii)If the Secretary, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (K).
 (viii)(I)The Secretary may conduct surveys of the degree to which employers comply with the requirements under this section.
 (II)The Secretary shall— (aa)conduct annual compliance audits of not less than 1 percent of the employers that employ nonimmigrants described in section 101(a)(15)(L) during the applicable fiscal year;
 (bb)conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are nonimmigrants described in 101(a)(15)(L); and
 (cc)make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause.
 (ix)The Secretary is authorized to take other such actions, including issuing subpoenas and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with the terms and conditions under this paragraph. The rights and remedies provided to nonimmigrants described in section 101(a)(15)(L) under this paragraph are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of such nonimmigrants, and are not intended to alter or affect such rights and remedies..
			205.Wage rate and working conditions for L–1 nonimmigrants
 (a)In generalSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 through 204, is further amended by adding at the end the following:

 (K)(i)An employer that employs a nonimmigrant described in section 101(a)(15)(L) for a cumulative period of time in excess of 1 year shall—
 (I)offer such nonimmigrant, during the period of authorized employment, wages, based on the best information available at the time the application is filed, which are not less than the highest of—
 (aa)the locally determined prevailing wage level for the occupational classification in the area of employment;
 (bb)the median wage for all workers in the occupational classification in the area of employment; and (cc)the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and
 (II)provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed by the employer or by an employer with which such nonimmigrant is placed pursuant to a waiver under subparagraph (F)(ii).
 (ii)If an employer, in such previous period specified by the Secretary of Homeland Security, employed one or more such nonimmigrants, the employer shall provide to the Secretary of Homeland Security the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.
 (iii)It is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import one or more aliens as nonimmigrants described in section 101(a)(15)(L)—
 (I)to require such a nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer; or
 (II)to fail to offer to such a nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including—
 (aa)the opportunity to participate in health, life, disability, and other insurance plans; (bb)the opportunity to participate in retirement and savings plans; and
 (cc)cash bonuses and noncash compensation, such as stock options (whether or not based on performance).. (b)RulemakingThe Secretary of Homeland Security, after notice and a period of comment and taking into consideration any special circumstances relating to intracompany transfers, shall promulgate rules to implement the requirements under section 214(c)(2)(K) of the Immigration and Nationality Act, as added by subsection (a).
 206.PenaltiesSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 through 205, is further amended by adding at the end the following:

 (L)(i)If the Secretary of Homeland Security determines, after notice and an opportunity for a hearing, that an employer failed to meet a condition under subparagraph (F), (G), (K), or (M), or misrepresented a material fact in a petition to employ one or more aliens as nonimmigrants described in section 101(a)(15)(L)—
 (I)the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate;
 (II)the Secretary may not, during a period of at least 1 year, approve a petition for that employer to employ one or more aliens as such nonimmigrants; and
 (III)in the case of a violation of subparagraph (K) or (M), the employer shall be liable to the employees harmed by such violation for lost wages and benefits.
 (ii)If the Secretary finds, after notice and an opportunity for a hearing, a willful failure by an employer to meet a condition under subparagraph (F), (G), (K), or (M) or a willful misrepresentation of material fact in a petition to employ one or more aliens as nonimmigrants described in section 101(a)(15)(L)—
 (I)the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $25,000 per violation) as the Secretary determines to be appropriate;
 (II)the Secretary may not, during a period of at least 2 years, approve a petition filed for that employer to employ one or more aliens as such nonimmigrants; and
 (III)in the case of a violation of subparagraph (K) or (M), the employer shall be liable to the employees harmed by such violation for lost wages and benefits..
 207.Prohibition on retaliation against L–1 nonimmigrantsSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 through 206, is further amended by adding at the end the following:

 (M)(i)An employer that has filed a petition to import one or more aliens as nonimmigrants described in section 101(a)(15)(L) violates this subparagraph by taking, failing to take, or threatening to take or fail to take, a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee—
 (I)has disclosed information that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection; or
 (II)cooperates or seeks to cooperate with the requirements of this subsection, or any rule or regulation pertaining to this subsection.
 (ii)In this subparagraph, the term employee includes— (I)a current employee;
 (II)a former employee; and (III)an applicant for employment..
			208.Adjudication by Department of Homeland Security of petitions under blanket petition
 (a)In generalSection 214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended to read as follows:

 (2)(A)The Secretary of Homeland Security shall establish a procedure under which an importing employer that meets the requirements established by the Secretary may file a blanket petition to authorize aliens to enter the United States as nonimmigrants described in section 101(a)(15)(L) instead of filing individual petitions under paragraph (1) on behalf of such aliens. Such procedure shall permit—
 (i)the expedited processing by the Secretary of State of visas for admission of aliens covered under such blanket petitions; and
 (ii)the expedited adjudication by the Secretary of Homeland Security of individual petitions covered under such blanket petitions..
 (b)Effective dateThe amendment made by subsection (a) shall apply to petitions filed on or after the date of the enactment of this Act.
				209.Reports on employment-based nonimmigrants
 (a)In generalSection 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows—

 (8)The Secretary of Homeland Security or Secretary of State, as appropriate, shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes, with respect to petitions under subsection (e) and each subcategory of subparagraphs (H), (L), (O), (P), and (Q) of section 101(a)(15)—
 (A)the number of such petitions (or applications for admission, in the case of applications by Canadian nationals seeking admission under subsection (e) or section 101(a)(15)(L)) which have been filed;
 (B)the number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions;
 (C)the number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions;
 (D)the number of such petitions which have been withdrawn; (E)the number of such petitions which are awaiting final action;
 (F)the number of aliens in the United States under each subcategory under section 101(a)(15)(H); and (G)the number of aliens in the United States under each subcategory under section 101(a)(15)(L)..
 (b)Nonimmigrant characteristics reportSection 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) is amended—
 (1)by amending paragraph (2) to read as follows:  (2)Annual H–1B nonimmigrant characteristics reportThe Secretary of Homeland Security shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains—
 (A)for the previous fiscal year— (i)information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b));
 (ii)a list of all employers who petitioned for H–1B workers, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of H–1B nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act; and
 (iii)the number of employment-based immigrant petitions filed pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act on behalf of H–1B nonimmigrants;
 (B)a list of all employers for whom more than 15 percent of their United States workforce is H–1B or L–1 nonimmigrants;
 (C)a list of all employers for whom more than 50 percent of their United States workforce is H–1B or L–1 nonimmigrants;
 (D)a gender breakdown by occupation and by country of origin of H–1B nonimmigrants; (E)a list of all employers who have been granted a waiver under section 214(n)(2)(E) of the Immigration and Nationality Act; and
 (F)the number of H–1B nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country.;
 (2)by redesignating paragraph (3) as paragraph (5); (3)by inserting after paragraph (2) the following:

 (3)Annual L–1 nonimmigrant characteristics reportThe Secretary of Homeland Security shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains— (A)for the previous fiscal year—
 (i)information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or provided nonimmigrant status under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L));
 (ii)a list of all employers who petitioned for L–1 workers, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of L–1 nonimmigrants for whom each such employer filed an employment-based immigrant petition pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act; and
 (iii)the number of employment-based immigrant petitions filed pursuant to section 204(a)(1)(F) of the Immigration and Nationality Act on behalf of L–1 nonimmigrants;
 (B)a gender breakdown by occupation and by country of L–1 nonimmigrants; (C)a list of all employers who have been granted a waiver under section 214(c)(2)(F)(ii) of the Immigration and Nationality Act;
 (D)the number of L–1 nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country;
 (E)the number of applications for each subcategory of nonimmigrant described under section 101(a)(15)(L), based on an approved blanket petition under section 214(c)(2)(A) of the Immigration and Nationality Act, which have been filed; and
 (F)the number of applications for each subcategory of nonimmigrant described under section 101(a)(15)(L) of the Immigration and Nationality Act, based on an approved blanket petition under section 214(c)(2)(A) of such Act, which have been approved.
 (4)Annual H–1B employer surveyThe Secretary of Labor shall— (A)conduct an annual survey of employers hiring foreign nationals under the H–1B visa program; and
 (B)issue an annual report that— (i)describes the methods employers are using to meet the requirement under section 212(n)(1)(G)(i) of the Immigration and Nationality Act of taking good faith steps to recruit United States workers for the occupational classification for which the nonimmigrants are sought, using procedures that meet industry-wide standards;
 (ii)describes the best practices for recruiting among employers; and (iii)contains recommendations on which recruiting steps employers can take to maximize the likelihood of hiring American workers.; and
 (4)in paragraph (5), as redesignated, by striking paragraph (2) and inserting paragraphs (2) and (3). 210.Specialized knowledgeSection 214(c)(2)(B) of the Immigration and Nationality Act is amended to read as follows:

 (B)(i)For purposes of section 101(a)(15)(L), the term specialized knowledge— (I)means knowledge possessed by an individual whose advanced level of expertise and proprietary knowledge of the employer’s product, service, research, equipment, techniques, management, or other interests of the employer are not readily available in the United States labor market;
 (II)is clearly different from those held by others employed in the same or similar occupations; and (III)does not apply to persons who have general knowledge or expertise which enables them merely to produce a product or provide a service.
 (ii)(I)The ownership of patented products or copyrighted works by a petitioner under section 101(a)(15)(L) does not establish that a particular employee has specialized knowledge. In order to meet the definition under clause (i), the beneficiary shall be a key person with knowledge that is critical for performance of the job duties and is protected from disclosure through patent, copyright, or company policy.
 (II)Different procedures are not proprietary knowledge within this context unless the entire system and philosophy behind the procedures are clearly different from those of other firms, they are relatively complex, and they are protected from disclosure to competition..
 211.Technical amendmentsSection 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by striking Attorney General each place such term appears and inserting Secretary of Homeland Security.
 212.ApplicationExcept as otherwise specifically provided, the amendments made by this title shall apply to petitions and applications filed on or after the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 4052
		IN THE HOUSE OF REPRESENTATIVES

			February 16, 2012
			Mr. Stutzman
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to direct the
		  Secretary of Veterans Affairs to establish an honorary Excellence in Veterans
		  Education Award.

		1.Short titleThis Act may be cited as the
			 Recognizing Excellence in Veterans
			 Education Act of 2012.
		2.Excellence in Veterans
			 Education Award
			(a)In
			 generalChapter 36 of title
			 38, United States Code, is amended by adding at the end the following new
			 section:

					3698.Excellence in
				Veterans Education Award
						(a)Excellence in
				Veterans Education Award(1)The Secretary shall
				establish an honorary award, to be known as the Excellence in Veterans
				Education Award, to recognize institutions of higher learning (as
				defined in section 3452(f) of this title) that provide superior services to
				veterans.
							(2)An Excellence in Veterans Education Award
				awarded under paragraph (1) to an institution of higher learning shall be valid
				for a period of three years, except that the Secretary may withdraw such award
				at any time under criteria the Secretary considers appropriate.
							(b)Display of
				honorary awardDuring each
				period in which an institution of higher learning is awarded an Excellence in
				Veterans Education Award under subsection (a)(1), the Secretary shall indicate
				that such institution has received such award on the list of institutions
				approved for veteran education benefits that is maintained on the Internet
				website of the Department.
						(c)CriteriaThe Secretary may only award the Excellence
				in Veterans Education Award under subsection (a)(1) to an institution of higher
				learning that meets the following criteria:
							(1)The head of the institution—
								(A)has a student
				veteran advisory board or a student veteran advisor; and
								(B)seeks advice from
				such board or advisor.
								(2)The
				institution—
								(A)participates in
				the Yellow Ribbon G.I. Education Enhancement Program under section 3317 of this
				title; and
								(B)while so participating—
									(i)contributes the
				maximum amount under section 3317(d)(1); and
									(ii)ensures that
				amounts contributed under such section are made available to all veterans
				enrolled at the institution who qualify for the program.
									(3)The institution has a veterans support
				program that provides services that—
								(A)the Secretary
				considers appropriate; and
								(B)may be carried out
				through the institution or an appropriate entity that enters into an agreement
				with the institution.
								(4)The institution is
				a member of the Servicemembers Opportunity College.
							(5)The average graduation rate for all of the
				enrolled students of the institution is equal to or greater than the average
				national graduation rate for all students enrolled in the same type of
				institution, as determined by the Secretary of Education.
							(6)Any other criteria
				that the Secretary considers
				appropriate.
							.
			(b)Clerical
			 amendmentThe table of
			 sections at the beginning of such chapter is amended by adding after the item
			 relating to section 3697A the following new item:

						3698. Excellence in Veterans Education
				Award.

					.


114 HR 5571 IH: Sexual Assault Survivors’ Rights Act
U.S. House of Representatives
2016-06-22
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.

I114th CONGRESS2d SessionH. R. 5571IN THE HOUSE OF REPRESENTATIVESJune 22, 2016Ms. Wasserman Schultz (for herself and Mr. Smith of Texas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title 18, United States Code, to provide sexual assault survivors with certain rights, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Sexual Assault Survivors’ Rights Act. 2.FindingCongress finds that there is a substantial Federal interest in encouraging more sexual assault survivors to come forward and cooperate with law enforcement investigations and prosecutions.
		3.Sexual assault survivors’ rights
 (a)In generalTitle 18, United States Code, is amended by adding after chapter 237 the following:  238Sexual assault survivors’ rights  Sec.  3772. Sexual assault survivors' rights. 3772.Sexual assault survivors' rights (a)Rights of sexual assault survivorsIn addition to those rights provided in section 3771, a sexual assault survivor has the following rights:
 (1)The right not to be prevented from, or charged for, receiving a medical forensic examination. (2)The right to—
 (A)subject to paragraph (3), have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations;
 (B)be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and
 (C)be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
 (3)The right to— (A)upon written request, receive written notification from the prosecutor not later than 60 days before the date of the intended destruction or disposal of the evidence collection kit or its probative contents; and
 (B)upon written request, be granted further preservation of the kit or its probative contents. (4)The right to be informed of the rights under this subsection.
 (b)ApplicabilitySubsections (b) through (f) of section 3771 shall apply to sexual assault survivors. (c)Definition of sexual assault survivorFor purposes of this section, the term sexual assault survivor includes a legal representative of a deceased victim of sexual assault acting on behalf of the victim..
 (b)Technical and conforming amendmentThe table of chapters for part II of title 18, United States Code, is amended by adding at the end the following:

						238.Sexual assault survivors' rights3772.
 4.Services to survivorsSection 503(c)(1) of the Victims Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(1)) is amended—
 (1)in subparagraph (A), by inserting , including sexual assault service providers before the semicolon at the end; (2)in subparagraph (C), by inserting , including sexual assault counseling before the semicolon at the end; and
 (3)in subparagraph (D), by inserting , including national and local sexual assault hotlines before the period at the end. 5.Sexual assault survivors notification grantsThe Victims of Crime Act of 1984 is amended by adding after section 1404E (42 U.S.C. 10603e) the following:

				1404F.Sexual assault survivors notification grants
 (a)In generalThe Attorney General may make grants as provided in section 1404(c)(1)(A) to States to develop and disseminate to entities described in subsection (c)(1) written notice of applicable rights and policies for sexual assault survivors.
 (b)Notification of rightsEach recipient of a grant awarded under subsection (a) shall make its best effort to ensure that each entity described in subsection (c)(1) provides individuals who identify as a survivor of a sexual assault, and who consent to receiving such information, with written notice of applicable rights and policies regarding—
 (1)the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit;
 (2)the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement;
 (3)the availability of a sexual assault advocate; (4)the availability of protective orders and policies related to their enforcement;
 (5)policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits;
 (6)the process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits; and
 (7)the availability of victim compensation and restitution. (c)Dissemination of written noticeEach recipient of a grant awarded under subsection (a) shall—
 (1)provide the written notice described in subsection (b) to medical centers, hospitals, forensic examiners, sexual assault service providers, State and local law enforcement agencies, and any other State agency or department reasonably likely to serve sexual assault survivors; and
 (2)make the written notice described in subsection (b) publicly available on the Internet website of the attorney general of the State.
 (d)Provision To promote complianceThe Attorney General may provide such technical assistance and guidance as necessary to help recipients meet the requirements of this section.
 (e)Integration of systemsAny system developed and implemented under this section may be integrated with an existing case management system operated by the recipient of the grant if the system meets the requirements listed in this section.
 (f)Definition of sexual assault survivorFor purposes of this section, the term sexual assault survivor includes a legal representative of a deceased victim of sexual assault acting on behalf of the victim..
		6.Working group
 (a)In generalThe Attorney General and the Secretary of Health and Human Services (referred to in this section as the Secretary) shall establish a joint working group (referred to in this section as the Working Group) to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence.
 (b)Consultation with stakeholdersThe Working Group shall consult with— (1)stakeholders in law enforcement, prosecution, forensic laboratory, counseling, forensic examiner, medical facility, and medical provider communities; and
 (2)representatives from not less than 3 national organizations and State coalitions with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or representation of sexual assault victims, particularly representatives of underserved or ethnic minority communities.
 (c)MembershipThe Working Group shall be composed of the following members: (1)The Administrator of the Health Resources and Services Administration.
 (2)The Administrator of the Centers for Medicare and Medicaid Services. (3)The Director of the Centers for Disease Control and Prevention.
 (4)The Director of the Indian Health Service. (5)The Director of the Office for Victims of Crime.
 (6)The Assistant Attorney General for the Office of Justice Programs. (7)The Director of the Office on Violence Against Women.
 (8)Other governmental or nongovernmental agency heads at the discretion of the Attorney General or the Secretary.
 (d)DutiesThe Working Group shall— (1)improve the coordination of the dissemination and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence to hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community;
 (2)develop and implement, where appropriate, clinical guidelines and other incentives to encourage the adoption and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other medical associations and leaders in the medical community;
 (3)improve the coordination of the dissemination and implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community;
 (4)develop and implement, where appropriate, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence among State attorneys general, United States attorneys, heads of State law enforcement agencies, forensic laboratory directors and managers, and other leaders in the law enforcement community;
 (5)collect feedback from stakeholders, practitioners, and leadership throughout the Federal and State law enforcement, victim services, forensic science practitioner, and health care communities to inform development of future best practices or clinical guidelines regarding the care and treatment of sexual assault survivors; and
 (6)perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors.
 (e)Initial operating planNot later than 120 days after its first meeting, the Working Group shall submit to the Attorney General, the Secretary, and Congress an operating plan for carrying out the activities of the Working Group.
 (f)MeetingsThe Working Group shall— (1)hold its first meeting not later than 90 days after the date of enactment of this Act; and
 (2)meet not fewer than 2 times and not more than 5 times each year. (g)ReportNot later than 2 years after the date of enactment of this Act, the Working Group shall submit to the Attorney General, the Secretary, and Congress a report containing the findings and recommended actions of the Working Group.
 (h)Sexual assault survivor definedIn this section, the term sexual assault survivor includes a legal representative of a deceased victim of sexual assault acting on behalf of the victim.


		II
		Calendar No. 37
		112th CONGRESS
		1st Session
		S. 680
		[Report No. 112–14]
		IN THE SENATE OF THE UNITED STATES

			March 30, 2011
			Ms. Collins (for
			 herself, Ms. Mikulski,
			 Mrs. Boxer, Mrs. Hutchison, Mrs.
			 Murray, Ms. Snowe,
			 Ms. Landrieu, Ms. Stabenow, Ms.
			 Cantwell, Ms. Murkowski,
			 Mrs. Shaheen, Mrs. Gillibrand, Mr.
			 Lieberman, Mr. Akaka,
			 Mr. Pryor, Mr.
			 Merkley, Mr. Begich,
			 Mrs. Feinstein, Ms. Ayotte, Mrs.
			 Hagan, Mrs. McCaskill, and
			 Ms. Klobuchar) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

			May 2, 2011
			Reported by Mrs. Boxer,
			 with amendments
			Omit the part struck through and insert the part
			 printed in italic

		A BILL
		To authorize the Administrator of General Services to
		  convey a parcel of real property in the District of Columbia to provide for the
		  establishment of a National Women’s History Museum.

		1.Short
			 titleThis Act may be cited as
			 the National Women’s History Museum
			 Act of 2011.
		2.DefinitionsIn this Act, the following definitions
			 apply:
			(1)AdministratorThe
			 term Administrator means the Administrator of General
			 Services.
			(2)CERCLAThe
			 term CERCLA means the Comprehensive Environmental Response,
			 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
			(3)CommitteesThe
			 term Committees means the Committee on Transportation and
			 Infrastructure of the House of Representatives and the Committee on Environment
			 and Public Works of the Senate.
			(4)MuseumThe
			 term Museum means the National Women’s History Museum, Inc., a
			 District of Columbia nonprofit corporation exempt from taxation pursuant to
			 section 501(c)(3) of the Internal Revenue Code of 1986.
			(5)PropertyThe
			 term Property means the property located in the District of
			 Columbia, subject to survey and as determined by the Administrator, generally
			 consisting of Squares 325 and 326. The Property is generally bounded by 12th
			 Street, Independence Avenue, C Street, and the James Forrestal Building, all in
			 Southwest Washington, District of Columbia, and shall include all associated
			 air rights, improvements thereon, and appurtenances thereto.
			3.Conveyance of
			 property
			(a)Authority To
			 convey
				(1)In
			 generalSubject to the requirements of this Act, the
			 Administrator shall convey the Property to the Museum, on such terms and
			 conditions as the Administrator considers reasonable and appropriate to protect
			 the interests of the United States and further the purposes of this Act.
				(2)AgreementAs
			 soon as practicable, but not later than 180 days after the date of enactment of
			 this Act, the Administrator shall enter into an agreement with the Museum for
			 the conveyance.
				(3)Terms and
			 conditionsThe terms and conditions of the agreement shall
			 address, among other things, mitigation of developmental impacts to existing
			 Federal buildings and structures, security concerns, and operational protocols
			 for development and use of the property.
				(b)Purchase
			 price
				(1)In
			 generalThe purchase price for the Property shall be its fair
			 market value based on its highest and best use as determined by an independent
			 appraisal commissioned by the Administrator and paid for by the Museum.
				(2)Selection of
			 appraiserThe appraisal shall be performed by an appraiser
			 mutually acceptable to the Administrator and the Museum.
				(3)Terms and
			 conditions for appraisal
					(A)In
			 generalExcept as provided by subparagraph (B), the assumptions,
			 scope of work, and other terms and conditions related to the appraisal
			 assignment shall be mutually acceptable to the Administrator and the
			 Museum.
					(B)Required
			 termsThe appraisal shall assume that the Property does not
			 contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C.
			 9601)) which require
			 response action (as defined in such section).or any other hazardous waste or pollutant that
			 requires a response action or corrective action under any applicable
			 environmental law.
					(c)Application of
			 proceedsThe purchase price shall be paid into the Federal
			 Buildings Fund established under section 592 of title 40, United States Code.
			 Upon deposit, the Administrator may expend, in amounts specified in
			 authorizations and appropriations Acts, the proceeds from the conveyance for
			 any lawful purpose consistent with existing authorities granted to the
			 Administrator.
			(d)Quit claim
			 deedThe Property shall be conveyed pursuant to a quit claim
			 deed.
			(e)Use
			 restrictionThe Property shall be dedicated for use as a site for
			 a national women’s history museum for the 99-year period beginning on the date
			 of conveyance to the Museum.
			(f)Funding
			 restrictionNo Federal funds shall be made available to the
			 Museum for the purchase of the Property or the design and construction of any
			 facility on the Property.
			(f)Funding
			 RestrictionNo Federal funds shall be made available—
				(1)to the Museum for—
					(A)the purchase of the
			 Property; or
					(B)the design and
			 construction of any facility on the Property; or
					(2)by the Museum or any
			 affiliate of the Museum as a credit pursuant to section 4(b).
				(g)Reversion
				(1)Bases for
			 reversionThe Property shall revert to the United States, at the
			 option of the United States, without any obligation for repayment by the United
			 States of any amount of the purchase price for the property, if—
					(A)the Property is
			 not used as a site for a national women’s history museum at any time during the
			 99-year period referred to in subsection (e); or
					(B)the Museum has
			 not commenced construction of a museum facility on the Property in the 5-year
			 period beginning on the date of enactment of this Act, other than for reasons
			 beyond the control of the Museum as reasonably determined by the
			 Administrator.
					(2)EnforcementThe
			 Administrator may perform any acts necessary to enforce the reversionary rights
			 provided in this section.
				(3)Custody of
			 property upon reversionIf the Property reverts to the United
			 States pursuant to this section, such property shall be under the custody and
			 control of the Administrator.
				(h)ClosingThe
			 conveyance pursuant to this Act shall occur not later than 3 years after the
			 date of enactment of this Act. The Administrator may extend that period for
			 such time as is reasonably necessary for the Museum to perform its obligations
			 under section 4(a).
			4.Environmental
			 matters
			(a)Authorization
			 To contract for environmental response actionsThe Administrator is authorized to
			 contract with the Museum or an affiliate thereofIn fulfilling the responsibility of the
			 Administrator to address contamination on the Property, the Administrator may
			 contract with the Museum or an affiliate of the Museum for the performance
			 (on behalf of the Administrator) of response actions on the Property.
			(b)Crediting of
			 response costsAny costs
				(1)In
			 generalAny costs incurred by the Museum
			 or an affiliate thereofof the Museum using non-Federal
			 funds pursuant to subsection (a) shall be credited to the
			 purchase price for the Property.
				(2)LimitationA credit under
			 paragraph (1) shall not exceed the purchase price of the Property.
				(c)No effect on compliance With environmental
			 lawsNothing in this Act, or any amendment made by this Act,
			 affects or limits the application of or obligation to comply with any
			 environmental law, including section 120(h) of CERCLA (42 U.S.C.
			 9620(h)).
			5.Incidental
			 costsSubject to section 4,
			 the Museum shall bear any and all costs associated with complying with the
			 provisions of this Act, including studies and reports, surveys, relocating
			 tenants, and mitigating impacts to existing Federal buildings and structures
			 resulting directly from the development of the property by the Museum.
		6.Land use
			 approvals
			(a)Existing
			 authoritiesNothing in this Act shall be construed as limiting or
			 affecting the authority or responsibilities of the National Capital Planning
			 Commission or the Commission of Fine Arts.
			(b)Cooperation
				(1)Zoning and land
			 useSubject to paragraph (2), the Administrator shall reasonably
			 cooperate with the Museum with respect to any zoning or other land use matter
			 relating to development of the Property in accordance with this Act. Such
			 cooperation shall include consenting to applications by the Museum for
			 applicable zoning and permitting with respect to the property.
				(2)LimitationsThe
			 Administrator shall not be required to incur any costs with respect to
			 cooperation under this subsection and any consent provided under this
			 subsection shall be premised on the property being developed and operated in
			 accordance with this Act.
				7.ReportsNot later than 1 year after the date of
			 enactment of this Act, and annually thereafter until the end of the 5-year
			 period following conveyance of the Property or until substantial completion of
			 the museum facility (whichever is later), the Museum shall submit annual
			 reports to the Administrator and the Committees detailing the development and
			 construction activities of the Museum with respect to this Act.

		May 2, 2011
		Reported with amendments


117 S826 IS: Medicare Patient Empowerment Act of 2021
U.S. Senate
2021-03-18
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.

II117th CONGRESS1st SessionS. 826IN THE SENATE OF THE UNITED STATESMarch 18, 2021Mr. Paul (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and eligible professionals to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits.1.Short titleThis Act may be cited as the Medicare Patient Empowerment Act of 2021.2.Guaranteeing freedom of choice and contracting for patients under Medicare(a)In generalSection 1802 of the Social Security Act (42 U.S.C. 1395a) is amended to read as follows:1802.Freedom of Choice and Contracting by Patient Guaranteed(a)Basic freedom of choiceAny individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services.(b)Freedom To contract by Medicare beneficiaries(1)In generalSubject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with an eligible professional (whether or not the professional is a participating or non-participating physician or practitioner) for any item or service covered under this title.(2)Submission of claimsAny Medicare beneficiary that enters into a contract under this section with an eligible professional shall be permitted to submit a claim for payment under this title for services furnished by such professional, and such payment shall be made in the amount that would otherwise apply to such professional under this title except that where such professional is considered to be non-participating, payment shall be paid as if the professional were participating. Payment made under this title for any item or service provided under the contract shall not render the professional a participating or non-participating physician or practitioner, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician or practitioner would not apply with respect to any items or services furnished under the contract.(3)Beneficiary protections(A)In generalParagraph (1) shall not apply to any contract unless—(i)the contract is in writing, is signed by the Medicare beneficiary and the eligible professional, and establishes all terms of the contract (including specific payment for items and services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for an item or service in excess of the amount established under the contract during the period the contract is in effect;(ii)the contract contains the items described in subparagraph (B); and(iii)the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation.(B)Items required to be included in contractAny contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary—(i)agrees to be responsible for payment to such eligible professional for such items or services under the terms of and amounts established under the contract;(ii)agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and(iii)acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services.Such contract shall also clearly indicate whether the eligible professional is excluded from
 participation under the Medicare program under section 1128.(C)Beneficiary elections under the contractAny Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which—(i)the eligible professional shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and(ii)the beneficiary assigns payment to the eligible professional for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract.(D)Exclusion of dual eligible individualsParagraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract.(4)Limitation on actual charge and claim submission requirement not applicableSection 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1).(5)ConstructionNothing in this section shall be construed—(A)to prohibit any eligible professional from maintaining an election and acting as a participating or non-participating physician or practitioner with respect to any patient not covered under a contract established under this section; and(B)as changing the items and services for which an eligible professional may bill under this title.(6)DefinitionsIn this subsection:(A)Medicare beneficiaryThe term Medicare beneficiary means an individual who is entitled to benefits under part A or enrolled under part B.(B)Eligible professionalThe term eligible professional has the meaning given such term in section 1848(k)(3)(B).(C)Emergency medical conditionThe term emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in—(i)serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child;(ii)serious impairment to bodily functions; or(iii)serious dysfunction of any bodily organ or part.(D)Participating; non-participatingThe terms participating and nonparticipating have the meanings given such terms under subsection (h) of section 1842 for purposes of such section.(E)Urgent health care situationThe term urgent health care situation means services furnished to an individual who requires services to be furnished within 12 hours in order to avoid the likely onset of an emergency medical condition..3.Preemption of State laws limiting charges for services by an eligible professional(a)In generalNo State may impose a limit on the amount of charges for services, furnished by an eligible professional (as defined in subsection (k)(3)(B) of section 1848 of the Social Security Act, 42 U.S.C. 1395w–4), for which payment is made under such section, and any such limit is hereby preempted.(b)StateIn this section, the term State includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.


		II
		110th CONGRESS
		1st Session
		S. 1266
		IN THE SENATE OF THE UNITED STATES

			May 2, 2007
			Mr. Craig introduced the
			 following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to increase
		  assistance for veterans interred in cemeteries other than national cemeteries,
		  and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Veterans' Dignified Burial
			 Assistance Act of 2007.
		2.Increase in
			 assistance for veterans interred in cemeteries other than national
			 cemeteries
			(a)Increase in
			 plot or interment allowanceSection 2303(b) of title 38, United States
			 Code, is amended by striking $300 each place it appears and
			 inserting $400.
			(b)Repeal of time
			 limitation for State filing for reimbursement for interment costs
				(1)In
			 generalThe second sentence of section 3.1604(d)(2) of title 38,
			 Code of Federal Regulations, shall have no further force or effect as it
			 pertains to unclaimed remains of a deceased veteran.
				(2)Retroactive
			 applicationThe provision of paragraph (1) shall take effect as
			 of October 1, 2006.
				(c)Grants for
			 operation and maintenance of State veterans' cemeteries
				(1)In
			 generalSubsection (a) of section 2408 of such title is
			 amended—
					(A)by inserting
			 (1) before Subject to;
					(B)by designating
			 the second sentence as paragraph (2) and indenting the margin of such
			 paragraph, as so designated, two ems from the left margin; and
					(C)in paragraph (1),
			 as designated by subparagraph (A) of this paragraph, by striking assist
			 such State in establishing, expanding, or improving veterans' cemeteries owned
			 by such State. and inserting “assist such State in the
			 following:

							(A)Establishing, expanding, or improving
				veterans' cemeteries owned by such State.
							(B)Operating and maintaining such
				cemeteries.
							.
					(2)Limitation on
			 amounts awardedSubsection (e) of such section is amended—
					(A)by inserting
			 (1) before Amounts; and
					(B)by adding at the
			 end the following new paragraph:

							(2)In any fiscal year, the aggregate
				amount of grants awarded under this section for the purposes specified in
				subsection (a)(1)(B) may not exceed
				$5,000,000.
							.
					(3)Conforming
			 amendments(A)Subsection (b) of such
			 section is amended—
						(i)by striking Grants under
			 this section and inserting Grants under this section for the
			 purposes described in subsection (a)(1)(A); and
						(ii)by striking a grant under
			 this section each place it appears and inserting such a
			 grant.
						(B)Subsection (d) of such section is
			 amended by inserting , or in operating and maintaining a veterans'
			 cemetery, after veterans' cemetery.
					(C)Subsection (f)(1) of such section is
			 amended by inserting , or in operating and maintaining veterans'
			 cemeteries, after veterans' cemeteries.
					(4)RegulationsNot
			 later than 180 days after the date of the enactment of this Act, the Secretary
			 of Veterans Affairs shall prescribe regulations to carry out the amendments
			 made by this subsection.


		I
		111th CONGRESS
		2d Session
		H. R. 6213
		IN THE HOUSE OF REPRESENTATIVES

			September 23, 2010
			Mr. Michaud
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committees on
			 Appropriations and
			 the Budget, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To address the reporting requirement burden on small
		  businesses, and for other purposes.

		1.Repeal of expansion of
			 certain information reporting requirements to corporations and to payments for
			 propertySection 9006 of the
			 Patient Protection and Affordable Care Act is repealed. Each provision of law
			 amended by such section is amended to read as such provision would read if such
			 section had never been enacted.
		2.Rescission of
			 unobligated stimulus funds
			(a)In
			 generalEffective 30 days
			 after the date of the enactment of this Act, of the unobligated balance of the
			 discretionary appropriations made available by division A of the American
			 Recovery and Reinvestment Act of 2009 (Public Law 111–5), there is rescinded
			 the amount determined by the Director of the Office of Management and Budget to
			 be required to offset the reduction in Federal revenues resulting from the
			 repeal and amendments made under section 1.
			(b)ApplicationThe rescission made by subsection (a) shall
			 be applied proportionately—
				(1)to each
			 discretionary account; and
				(2)within each such
			 account, to each program, project, and activity (with programs, projects, and
			 activities as delineated in the appropriation Act or accompanying reports for
			 the relevant fiscal year covering such account, or for accounts not included in
			 an appropriation Act, as delineated in the most recently submitted President's
			 budget).
				(c)OMB
			 reportNot later than 90 days
			 after the date of the enactment of this Act, the Director of the Office of
			 Management and Budget shall submit to the House of Representatives and the
			 Senate a report specifying the reductions made to each account, program,
			 project, and activity pursuant to this section.
			3.Paygo
			 complianceThe budgetary
			 effects of this Act, for the purpose of complying with the Statutory
			 Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
			 statement titled Budgetary Effects of PAYGO Legislation for this
			 Act, submitted for printing in the Congressional Record by the Chairman of the
			 House Budget Committee, provided that such statement has been submitted prior
			 to the vote on passage.