		I
		112th CONGRESS
		1st Session
		H. R. 483
		IN THE HOUSE OF REPRESENTATIVES

			January 26, 2011
			Mr. DeFazio (for
			 himself, Mr. Kissell, and
			 Mr. McIntyre) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committees on
			 Ways and Means and
			 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 concerned

		A BILL
		To create an electronic employment eligibility
		  verification system to ensure that all workers in the United States are legally
		  able to work, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Electronic Employment Eligibility
			 Verification and Illegal Immigration Control Act.
		2.Employment
			 eligibility verification system
			(a)In
			 generalSection 274A(b) of the Immigration and Nationality Act (8
			 U.S.C. 1324a(b)) is amended by adding at the end the following:

					(7)Employment
				eligibility verification system
						(A)In
				generalThe Secretary of Homeland Security shall establish and
				administer a verification system through which the Secretary (or a designee of
				the Secretary)—
							(i)responds to
				inquiries made by persons at any time through a toll-free telephone line and
				other toll-free electronic media concerning an individual’s identity and
				whether the individual is authorized to be employed; and
							(ii)maintains records
				of the inquiries that were made, of verifications provided (or not provided),
				and of the codes provided to inquirers as evidence of their compliance with
				their obligations under this section.
							(B)Design and
				operation of systemThe verification system shall be designed and
				operated—
							(i)to
				maximize its reliability and ease of use by persons and other entities
				consistent with insulating and protecting the privacy and security of the
				underlying information;
							(ii)to respond to all
				inquiries made by such persons and entities on whether individuals are
				authorized to be employed and to register all times when such inquiries are not
				received;
							(iii)with appropriate
				administrative, technical, and physical safeguards to prevent unauthorized
				disclosure of personal information; and
							(iv)to have
				reasonable safeguards against the system’s resulting in unlawful discriminatory
				practices based on national origin or citizenship status, including—
								(I)the selective or
				unauthorized use of the system to verify eligibility;
								(II)the use of the
				system prior to an offer of employment; or
								(III)the exclusion of
				certain individuals from consideration for employment as a result of a
				perceived likelihood that additional verification will be required, beyond what
				is required for most job applicants.
								(C)Responsibilities
				of the Commissioner of Social SecurityAs part of the
				verification system, the Commissioner of Social Security, in consultation with
				the Secretary of Homeland Security (and any designee of the Secretary selected
				to establish and administer the verification system), shall establish a
				reliable, secure method, which, within the time periods specified under
				subparagraphs (B) and (C) of paragraph (3), compares the name and Social
				Security account number provided in an inquiry against such information
				maintained by the Commissioner in order to validate (or not validate) the
				information provided regarding an individual whose identity and employment
				eligibility must be confirmed, the correspondence of the name and number, and
				whether the individual has presented a Social Security account number that is
				not valid for employment. The Commissioner shall not disclose or release Social
				Security information (other than such verification or nonverification) except
				as provided for in this section or section 205(c)(2)(I) of the Social Security
				Act.
						(D)Responsibilities
				of the Secretary of Homeland Security
							(i)As part of the verification system, the
				Secretary of Homeland Security (in consultation with any designee of the
				Secretary selected to establish and administer the verification system), shall
				establish a reliable, secure method, which, within the time periods specified
				under subparagraphs (B) and (C) of paragraph (3), compares the name and alien
				identification or authorization number which are provided in an inquiry against
				such information maintained by the Secretary in order to validate (or not
				validate) the information provided, the correspondence of the name and number,
				and whether the alien is authorized to be employed in the United States.
							(ii)When a single employer has submitted to the
				verification system pursuant to subparagraphs (B) and (C) of paragraph (3) the
				identical Social Security account number in more than one instance, or when
				multiple employers have submitted to the verification system pursuant to such
				paragraph the identical Social Security account number, in a manner which
				indicates the possible fraudulent use of that number, the Secretary of Homeland
				Security shall conduct an investigation, within the time periods specified in
				such subparagraphs, in order to ensure that no fraudulent use of a Social
				Security account number has taken place. If the Secretary has selected a
				designee to establish and administer the verification system, the designee
				shall notify the Secretary when a single employer has submitted to the
				verification system pursuant to such subparagraphs the identical Social
				Security account number in more than one instance, or when multiple employers
				have submitted to the verification system pursuant to such paragraph the
				identical Social Security account number, in a manner which indicates the
				possible fraudulent use of that number. The designee shall also provide the
				Secretary with all pertinent information, including the name and address of the
				employer or employers who submitted the relevant Social Security account
				number, the relevant Social Security account number submitted by the employer
				or employers, and the relevant name and date of birth of the employee submitted
				by the employer or employers.
							(iii)The Secretary in
				consultation with the Commissioner of Social Security, shall establish
				procedures to permit an individual who contests a tentative or final
				nonverification notice, or seeks to verify the individual’s own employment, to
				contact the appropriate agency and, in a timely manner, correct or update the
				information used by the system.
							(iv)The Secretary
				shall prescribe a system to register employer participation prior to the date
				the employer is required or permitted to submit information with respect to an
				employee.
							(E)Updating
				informationThe Commissioner
				of Social Security and the Secretary of Homeland Security shall update their
				information in a manner that promotes the maximum accuracy and shall provide a
				process for the prompt correction of erroneous information, including instances
				in which it is brought to their attention in the secondary verification process
				described in paragraph (3)(C).
						(F)Federal Tort
				Claims ActIf an individual alleges that the individual would not
				have been dismissed from a job but for an error of the verification mechanism,
				the individual may seek compensation only through the mechanism of the Federal
				Tort Claims Act, and injunctive relief to correct such error. No class action
				may be brought under this subparagraph.
						(G)Protection from
				liability for actions taken on the basis of informationNo person
				or entity shall be civilly or criminally liable for any action taken in good
				faith reliance on information provided through the employment eligibility
				verification mechanism established under this
				paragraph.
						.
			(b)Repeal of
			 Provision Relating to Evaluations and Changes in Employment
			 VerificationSection 274A(d) of such Act (8 U.S.C. 1324a(d)) is
			 repealed.
			3.Employment
			 eligibility verification processSection 274A of the Immigration and
			 Nationality Act (8 U.S.C. 1324a) is amended—
			(1)in subsection
			 (a)(3), by inserting (A) after Defense.—, and by
			 adding at the end the following:

					(B)Failure to seek
				and obtain verificationIn the case of a person or entity in the
				United States that hires, or continues to employ, an individual, or recruits or
				refers an individual for employment, the following requirements apply:
						(i)Failure to seek
				verification
							(I)In
				generalIf the person or entity has not made an inquiry, under
				the mechanism established under subsection (b)(7), seeking verification of the
				identity and work eligibility of the individual, by not later than the end of 3
				working days (as specified by the Secretary of Homeland Security) after the
				date of the hiring, the date specified in subsection (b)(8)(B) for previously
				hired individuals, or before the recruiting or referring commences, the defense
				under subparagraph (A) shall not be considered to apply with respect to any
				employment, except as provided in subclause (II).
							(II)Special rule
				for failure of verification mechanismIf such a person or entity
				in good faith attempts to make an inquiry in order to qualify for the defense
				under subparagraph (A) and the verification mechanism has registered that not
				all inquiries were responded to during the relevant time, the person or entity
				can make an inquiry until the end of the first subsequent working day in which
				the verification mechanism registers no nonresponses and qualify for such
				defense.
							(ii)Failure to
				obtain verificationIf the person or entity has made the inquiry
				described in clause (i)(I) but has not received an appropriate verification of
				such identity and work eligibility under such mechanism within the time period
				specified under subsection (b)(7)(B) after the time the verification inquiry
				was received, the defense under subparagraph (A) shall not be considered to
				apply with respect to any employment after the end of such time
				period.
						;
			(2)by amending
			 subparagraph (A) of subsection (b)(1) to read as follows:

					(A)In
				generalThe person or entity must attest, under penalty of
				perjury and on a form designated or established by the Secretary by regulation,
				that it has verified that the individual is not an unauthorized alien
				by—
						(i)obtaining from the
				individual the individual’s Social Security account number and recording the
				number on the form (if the individual claims to have been issued such a
				number), and, if the individual does not attest to United States citizenship
				under paragraph (2), obtaining such identification or authorization number
				established by the Department of Homeland Security for the alien as the
				Secretary of Homeland Security may specify, and recording such number on the
				form; and
						(ii)(I)examining a document
				described in subparagraph (B); or
							(II)examining a document described in
				subparagraph (C) and a document described in subparagraph (D).
							A person or
				entity has complied with the requirement of this paragraph with respect to
				examination of a document if the document reasonably appears on its face to be
				genuine, reasonably appears to pertain to the individual whose identity and
				work eligibility is being verified, and, if the document bears an expiration
				date, that expiration date has not elapsed. If an individual provides a
				document (or combination of documents) that reasonably appears on its face to
				be genuine, reasonably appears to pertain to the individual whose identity and
				work eligibility is being verified, and is sufficient to meet the first
				sentence of this paragraph, nothing in this paragraph shall be construed as
				requiring the person or entity to solicit the production of any other document
				or as requiring the individual to produce another
				document.;
			(3)in subsection
			 (b)(1)(D)—
				(A)in clause (i), by
			 striking or such other personal identification information relating to
			 the individual as the Attorney General finds, by regulation, sufficient for
			 purposes of this section; and
				(B)in clause (ii), by
			 inserting before the period and that contains a photograph of the
			 individual;
				(4)in subsection
			 (b)(2), by adding at the end the following: The individual must also
			 provide that individual’s Social Security account number (if the individual
			 claims to have been issued such a number), and, if the individual does not
			 attest to United States citizenship under this paragraph, such identification
			 or authorization number established by the Department of Homeland Security for
			 the alien as the Secretary may specify.; and
			(5)by amending paragraph (3) of subsection (b)
			 to read as follows:

					(3)Retention of
				verification form and verification
						(A)In
				generalAfter completion of
				such form in accordance with paragraphs (1) and (2), the person or entity
				must—
							(i)retain a paper,
				microfiche, microfilm, or electronic version of the form and make it available
				for inspection by officers of the Department of Homeland Security, the Special
				Counsel for Immigration-Related Unfair Employment Practices, or the Department
				of Labor during a period beginning on the date of the hiring, recruiting, or
				referral of the individual or the date of the completion of verification of a
				previously hired individual and ending—
								(I)in the case of the
				recruiting or referral of an individual, 3 years after the date of the
				recruiting or referral;
								(II)in the case of
				the hiring of an individual, the later of—
									(aa)3
				years after the date of such hiring; or
									(bb)1
				year after the date the individual's employment is terminated; and
									(III)in the case of
				the verification of a previously hired individual, the later of—
									(aa)3
				years after the date of the completion of verification; or
									(bb)1
				year after the date the individual's employment is terminated;
									(ii)make an inquiry,
				as provided in paragraph (7), using the verification system to seek
				verification of the identity and employment eligibility of an individual, by
				not later than the end of 3 working days (as specified by the Secretary of
				Homeland Security) after the date of the hiring or in the case of previously
				hired individuals, the date specified in paragraph (8)(B), or before the
				recruiting or referring commences; and
							(iii)not commence
				recruitment or referral of the individual until the person or entity receives
				verification under clause (i) or (ii) of subparagraph (D).
							(B)Initial
				responseThe verification system shall provide verification or a
				tentative nonverification of an individual’s identity and employment
				eligibility within 3 working days of the initial inquiry. If providing
				verification or tentative nonverification, the verification system shall
				provide an appropriate code indicating such verification or such
				nonverification.
						(C)Secondary
				verification process in case of tentative nonverificationIn
				cases of tentative nonverification, the Secretary shall specify, in
				consultation with the Commissioner of Social Security, an available secondary
				verification process to confirm the validity of information provided and to
				provide a final verification or nonverification within 10 working days after
				the date of the tentative nonverification. When final verification or
				nonverification is provided, the verification system shall provide an
				appropriate code indicating such verification or nonverification.
						(D)Verification or
				nonverification
							(i)Verification
				upon initial inquiryIf an
				employer receives a verification notice under subparagraph (B) for an
				individual, the employer shall record, as described in subparagraph (A)(i), the
				appropriate code provided in such notice.
							(ii)Tentative
				nonverificationIf an
				employer receives a tentative nonverification notice under subparagraph (B) for
				an individual, the employer shall inform such individual of the issuance of
				such notice in writing, on a form prescribed by the Secretary not later than 3
				days after receiving such notice. Such individual shall acknowledge receipt of
				such notice in writing as described in paragraph (1)(A). If the individual
				refuses to acknowledge receipt of notice, the individual’s employment must be
				terminated immediately.
							(iii)No
				contestIf the individual does not contest the tentative
				nonverification notice within 10 days of receiving notice from the individual’s
				employer, the notice shall become final and the employer shall record, as
				described in subparagraph (A)(i), the appropriate code provided through the
				system to indicate the individual did not contest the tentative
				nonverification. An individual’s failure to contest a tentative nonverification
				shall not be considered an admission of guilt with respect to any violation of
				this Act or any other provision of law.
							(iv)ContestIf the individual contests the tentative
				nonverification notice, the individual shall submit appropriate information to
				contest such notice under the procedures established in subparagraph (E) not
				later than 10 days after receiving the notice from the individual’s
				employer.
							(v)Effective period
				of tentative nonverification noticeA tentative nonverification
				notice shall remain in effect until such notice becomes final under clause
				(iii), or the earlier of—
								(I)a final
				verification notice or final nonverification notice is issued through the
				system; or
								(II)10 working days
				after the individual contests a tentative nonverification under clause
				(iv).
								(vi)Additional
				authorityThe Secretary shall have the authority to issue a final
				verification notice for an individual. In such a case, the Secretary shall
				determine the individual’s eligibility for employment in the United States and
				record the results of such determination in the system within 12 months.
							(vii)Effective
				period of final noticeA final verification notice issued under
				this paragraph for an individual shall remain in effect—
								(I)during any
				continuous period of employment of such individual by such employer, unless the
				Secretary determines the final verification was the result of identity fraud;
				or
								(II)in the case of an
				alien authorized to be employed in the United States for a temporary period,
				during such period.
								(viii)Prohibition
				on terminationAn employer
				may not terminate the employment of an individual based on a tentative
				nonverification notice until such notice becomes final under clause (iii), an
				individual refuses to acknowledge receipt of tentative nonverification under
				clause (ii), or a final nonverification notice is issued for the individual by
				the System. Nothing in this clause shall prohibit the termination of employment
				for any other reason other than such tentative nonverification.
							(ix)Recording of
				contest resolutionThe
				employer shall record the appropriate code that is provided through the system
				to indicate a final verification notice or final nonverification notice as
				described in paragraph (1)(A).
							(x)Consequences of
				nonverificationIf the employer has received a final
				nonverification regarding an individual, the employer shall terminate the
				employment, recruitment, or referral of the individual. Such employer shall
				provide to the Secretary any information relating to the individual that the
				Secretary determines would assist the Secretary in enforcing or administering
				the immigration laws. If the employer continues to employ, recruit or refer the
				individual after receiving final nonverification, a rebuttable presumption is
				created that the employer has violated subsections (a)(1)(A) and (a)(2). Such
				presumption may not apply to a prosecution under subsection (f)(1).
							(E)Administrative
				review
							(i)In
				generalAn individual who is terminated from employment as a
				result of a final nonverification notice may, not later than 60 days after the
				date of such termination, file an appeal of such notice.
							(ii)ProceduresThe
				Secretary and Commissioner of Social Security shall develop procedures to
				review appeals filed under clause (i) and to make final determinations on such
				appeals.
							(iii)Review for
				errorsIf a final determination on an appeal filed under clause
				(i) results in verification of an individual's eligibility to work in the
				United States, the administrative review process shall require the Secretary to
				determine if the final nonverification notice issued for the individual was the
				result of—
								(I)an error or
				negligence on the part of an employee or official operating or responsible for
				the System;
								(II)the decision
				rules, processes, or procedures utilized by the system; or
								(III)erroneous system
				information that was not the result of acts or omissions of the
				individual.
								(iv)Compensation
				for error
								(I)In
				generalIf the Secretary makes a determination under clause (iii)
				that the final nonverification notice issued for an individual was not caused
				by an act or omission of the individual, the Secretary shall compensate the
				individual for lost wages.
								(II)Calculation of
				lost wagesLost wages shall be calculated based on the wage rate
				and work schedule that prevailed prior to termination. The individual shall be
				compensated for wages lost beginning on the first scheduled work day after
				employment was terminated and ending 180 days after completion of the
				administrative review process described in this paragraph or the day after the
				individual is reinstated or obtains employment elsewhere, whichever occurs
				first.
								(v)Limitation on
				compensationFor purposes of determining an individual's
				compensation for the loss of employment, such compensation shall not include
				any period in which the individual was ineligible for employment in the United
				States.
							(vi)Source of
				fundsCompensation or
				reimbursement provided under this paragraph shall be provided from the
				Employment Verification Compensation Fund established under section 8 and shall
				not be provided from appropriated funds.
							(F)Judicial
				review
							(i)In
				generalAfter the Secretary makes a final determination on an
				appeal filed by an individual under the administrative review process described
				in subparagraph (E), the individual may obtain judicial review of such
				determination by a civil action commenced not later than 60 days after the date
				of such decision, or such further time as the Secretary may allow.
							(ii)JurisdictionA
				civil action for such judicial review shall be brought in the district court of
				the United States for the judicial district in which the plaintiff resides, or
				has a principal place of business, or, if the plaintiff does not reside or have
				a principal place of business within any such judicial district, in the
				District Court of the United States for the District of Columbia.
							(iii)AnswerAs
				part of the Secretary’s answer to a complaint for such judicial review, the
				Secretary shall file a certified copy of the administrative record compiled
				during the administrative review under subparagraph (E), including the evidence
				upon which the findings and decision complained of are based. The court shall
				have power to enter, upon the pleadings and transcript of the record, a
				judgment affirming or reversing the result of that administrative review, with
				or without remanding the cause for a rehearing.
							(iv)Compensation
				for error
								(I)In
				generalIn cases in which such judicial review reverses the final
				determination of the Secretary made under subparagraph (E), the court shall
				compensate the individual for lost wages.
								(II)Calculation of
				lost wagesLost wages shall be calculated based on the wage rate
				and work scheduled that prevailed prior to termination. The individual shall be
				compensated for wages lost beginning on the first scheduled work day after
				employment was terminated and ending 180 days after completion of the judicial
				review described in this paragraph or the day after the individual is
				reinstated or obtains employment elsewhere, whichever occurs first.
								(G)Limitation on
				use of the verification system and any related
				systemsNotwithstanding any other provision of law, nothing in
				this paragraph shall be construed to permit or allow any department, bureau, or
				other agency of the United States Government to utilize any information,
				database, or other records assembled under this paragraph for any other purpose
				other than as provided for.
						(H)Limitation on
				collection and use of data
							(i)Limitation on
				collection of data
								(I)In
				generalThe System shall collect and maintain only the minimum
				data necessary to facilitate the successful operation of the System, and in no
				case shall the data be other than—
									(aa)information
				necessary to register employers under paragraph (7)(D)(iv);
									(bb)information
				necessary to initiate and respond to inquiries or contests under subparagraph
				(E);
									(cc)information
				necessary to establish and enforce compliance with paragraph (7)(D)(iv) and
				subparagraph (E);
									(dd)information
				necessary to detect and prevent employment related identity fraud; and
									(ee)such other
				information the Secretary determines is necessary, subject to a 180 day notice
				and comment period in the Federal Register.
									(II)PenaltiesAny
				officer, employee, or contractor who willfully and knowingly collects and
				maintains data in the system other than data described in clause (i) shall be
				guilty of a misdemeanor and fined not more than $1,000 for each
				violation.
								(ii)Limitation on
				use of dataWhoever willfully and knowingly accesses, discloses,
				or uses any information obtained or maintained by the system—
								(I)for the purpose of
				committing identity fraud, or assisting another person in committing identity
				fraud, as defined in section 1028 of title 18, United States Code;
								(II)for the purpose
				of unlawfully obtaining employment in the United States or unlawfully obtaining
				employment in the United States for any other person; or
								(III)for any purpose
				other than as provided for under any provision of law;
								shall be
				guilty of a felony and upon conviction shall be fined under title 18, United
				States Code, or imprisoned for not less than 5 years, or both.(iii)ExceptionsNothing
				in clauses (i) or (ii) may be construed to limit the collection, maintenance,
				or use of data by the Commissioner of Internal Revenue or the Commissioner of
				Social Security as provided by
				law.
							.
			4.Expansion of
			 employment eligibility verification system to previously hired individuals and
			 recruiting and referring
			(a)Application to
			 Recruiting and ReferringSection 274A of the Immigration and
			 Nationality Act (8 U.S.C. 1324a) is amended—
				(1)in subsection
			 (a)(1)(A), by striking for a fee;
				(2)in subsection
			 (a)(1), by amending subparagraph (B) to read as follows:

						(B)to hire, continue
				to employ, or to recruit or refer for employment in the United States an
				individual without complying with the requirements of subsection
				(b).
						;
				(3)in subsection
			 (a)(2), by striking after hiring an alien for employment in accordance
			 with paragraph (1), and inserting after complying with paragraph
			 (1),; and
				(4)in subsection
			 (a)(3), as amended by section 3, is further amended by striking
			 hiring, and inserting hiring, employing, each
			 place it appears.
				(b)Employment
			 Eligibility Verification for Previously Hired IndividualsSection
			 274A(b) of such Act (8 U.S.C. 1324a(b)), as amended by section 2(a), is further
			 amended by adding at the end the following:

					(8)Use of
				employment eligibility verification system for previously hired
				individuals
						(A)On a voluntary
				basisBeginning on the date
				that is 2 years after the date of the enactment of the
				Electronic Employment Eligibility
				Verification and Illegal Immigration Control Act and until the
				date specified in subparagraph (B)(iii), a person or entity may make an
				inquiry, as provided in paragraph (7), using the verification system to seek
				verification of the identity and employment eligibility of any individual
				employed by the person or entity, as long as it is done on a nondiscriminatory
				basis.
						(B)On a mandatory
				basis
							(i)A
				person or entity described in clause (ii) must make an inquiry as provided in
				paragraph (7), using the verification system to seek verification of the
				identity and employment eligibility of all individuals employed by the person
				or entity who have not been previously subject to an inquiry by the person or
				entity by the date 3 years after the date of enactment of the
				Electronic Employment Eligibility
				Verification and Illegal Immigration Control Act.
							(ii)A
				person or entity is described in this clause if it is a Federal, State, or
				local governmental body (including the Armed Forces of the United States), or
				if it employs individuals working in a location that is a Federal, State, or
				local government building, a military base, a nuclear energy site, a weapon
				site, an airport, or that contains critical infrastructure (as defined in
				section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42
				U.S.C. 5195c(e))), but only to the extent of such individuals.
							(iii)All persons and
				entities other than those described in clause (ii) must make an inquiry, as
				provided in paragraph (7), using the verification system to seek verification
				of the identity and employment eligibility of all individuals employed by the
				person or entity who have not been previously subject to an inquiry by the
				person or entity by the date 6 years after the date of enactment of the
				Electronic Employment Eligibility
				Verification and Illegal Immigration Control
				Act.
							.
			5.Basic pilot
			 programSection 401(b) of the
			 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
			 1324a note) is amended by striking on September 30, 2012 and
			 inserting 2 years after the enactment of the
			 Electronic Employment Eligibility
			 Verification and Illegal Immigration Control Act.
		6.Hiring
			 hallsSection 274A(h) of the
			 Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the
			 end the following:

				(4)Recruitment and
				referralAs used in this
				section, the term refer means the act of sending or directing a
				person or transmitting documentation or information to another, directly or
				indirectly, with the intent of obtaining employment in the United States for
				such person. Generally, only persons or entities referring for remuneration
				(whether on a retainer or contingency basis) are included in the definition.
				However, labor service agencies, whether public, private, for-profit, or
				nonprofit, that refer, dispatch, or otherwise facilitate the hiring of workers
				for any period of time by a third party are included in the definition whether
				or not they receive remuneration. As used in this section the term
				recruit means the act of soliciting a person, directly or
				indirectly, and referring the person to another with the intent of obtaining
				employment for that person. Generally, only persons or entities recruiting for
				remunerations (whether on a retainer or contingency basis) are included in the
				definition. However, labor service agencies, whether public, private,
				for-profit, or nonprofit that refer, dispatch, or otherwise facilitate the
				hiring of workers for any period of time by a third party are included in the
				definition whether or not they receive
				remuneration.
				.
		7.PenaltiesSection 274A of the Immigration and
			 Nationality Act (8 U.S.C. 1324a) is amended—
			(1)in subsection
			 (e)(4)—
				(A)in subparagraph
			 (A), in the matter before clause (i), by inserting , subject to
			 paragraphs (10) through (12), after in an amount;
				(B)in subparagraph
			 (A)(i), by striking not less than $250 and not more than $2,000
			 and inserting not less than $5,000 and not more than
			 $15,000;
				(C)in subparagraph
			 (A)(ii), by striking not less than $2,000 and not more than
			 $5,000 and inserting not less than $10,000 and not more than
			 $15,000;
				(D)in subparagraph
			 (A)(iii), by striking not less than $3,000 and not more than
			 $10,000 and inserting not less than $25,000 and not more than
			 $40,000; and
				(E)by amending
			 subparagraph (B) to read as follows:

						(B)may require the
				person or entity to take such other remedial action as is
				appropriate.
						;
				(2)in subsection
			 (e)(5)—
				(A)by inserting
			 , subject to paragraphs (10) through (12), after in an
			 amount;
				(B)by striking
			 $100 and inserting $1,000;
				(C)by striking
			 $1,000 and inserting $25,000;
				(D)by striking
			 the size of the business of the employer being charged, the good faith
			 of the employer and inserting the good faith of the employer
			 being charged; and
				(E)by adding at the
			 end the following sentence: Failure by a person or entity to utilize the
			 employment eligibility verification system as required by law, or providing
			 information to the system that the person or entity knows or reasonably
			 believes to be false, shall be treated as a violation of subsection
			 (a)(1)(A).;
				(3)by adding at the
			 end of subsection (e) the following new paragraphs:

					(10)Mitigation of
				civil money penalties for smaller employersIn the case of
				imposition of a civil penalty under paragraph (4)(A) with respect to a
				violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of
				employment by an employer and in the case of imposition of a civil penalty
				under paragraph (5) for a violation of subsection (a)(1)(B) for hiring by an
				employer, the dollar amounts otherwise specified in the respective paragraph
				shall be reduced as follows:
						(A)In the case of an
				employer with an average of fewer than 26 full-time equivalent employees (as
				defined by the Secretary of Homeland Security), the amounts shall be reduced by
				60 percent.
						(B)In the case of an
				employer with an average of at least 26, but fewer than 101, full-time
				equivalent employees (as so defined), the amounts shall be reduced by 40
				percent.
						(C)In the case of an
				employer with an average of at least 101, but fewer than 251, full-time
				equivalent employees (as so defined), the amounts shall be reduced by 20
				percent.
						The last
				sentence of paragraph (4) shall apply under this paragraph in the same manner
				as it applies under such paragraph.(11)Exemption from
				penalty for initial good faith violationIn the case of
				imposition of a civil penalty under paragraph (4)(A) with respect to a
				violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of
				employment or recruitment or referral by person or entity and in the case of
				imposition of a civil penalty under paragraph (5) for a violation of subsection
				(a)(1)(B) for hiring or recruitment or referral by a person or entity, the
				penalty otherwise imposed shall be waived if the violator establishes that it
				was the first such violation of such provision by the violator and the violator
				acted in good faith.
					(12)Safe harbor for
				contractorsA person or other
				entity shall be liable for a penalty under paragraph (4)(A) with respect to the
				violation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) with respect to the
				hiring or continuation of employment of an unauthorized alien by a
				subcontractor of that person or entity unless the person or entity verifies
				through the employment eligibility verification system that all subcontractor
				employees and entities participating in the subcontracted employment are
				eligible for employment prior to beginning employment for the contracting
				person or entity. A contracting person or entity shall not be required to
				verify a subcontractor if the contracting person or entity has previously
				verified the employment eligibility of that subcontractor. A contracting person
				or entity shall not be required to verify the employment eligibility of a
				subcontractor employee if the person or entity has previously verified the
				subcontractor employee as a result of the subcontractor employee’s previous
				employment on behalf of the person or entity as an employee of the
				subcontractor.
					;
			(4)by amending
			 paragraph (1) of subsection (f) to read as follows:

					(1)Criminal
				penaltyAny person or entity which engages in a pattern or
				practice of violations of subsection (a) (1) or (2) shall be fined not more
				than $50,000 for each unauthorized alien with respect to which such a violation
				occurs, imprisoned for not less than 1 year, or both, notwithstanding the
				provisions of any other Federal law relating to fine
				levels.
					;
			(5)in subsection
			 (f)(2), by striking Attorney General each place it appears and
			 inserting Secretary of Homeland Security;
			(6)by redesignating
			 subsection (h) as subsection (j);
			(7)by inserting after
			 subsection (g) the following:

					(h)Prohibition on
				award of government contracts, grants and agreements
						(1)Employers with
				no contracts, grants, or agreements
							(A)In
				generalIf an employer who does not hold a Federal contract,
				grant, or cooperative agreement is determined by the Secretary to be a repeat
				violator of this section or is convicted of a crime under this section, the
				employer shall be debarred from the receipt of a Federal contract, grant, or
				cooperative agreement for a period of 5 years. The Secretary or the Attorney
				General shall advise the Administrator of General Services of such a debarment,
				and the Administrator of General Services shall list the employer on the List
				of Parties Excluded from Federal Procurement and Nonprocurement Programs for a
				period of 5 years.
							(B)WaiverThe
				Administrator of General Services, in consultation with the Secretary and the
				Attorney General, may waive operation of this subsection or may limit the
				duration or scope of the debarment.
							(2)Employers with
				contracts, grants, or agreementsAn employer who holds a Federal
				contract, grant, or cooperative agreement and is determined by the Secretary to
				be a repeat violator of this section or is convicted of a crime under this
				section, shall be debarred from the receipt of new Federal contracts, grants,
				or cooperative agreements for a period of 5 years.
						(i)Penalty for
				false attestation by employeeAn individual who falsely
				represents that the individual is eligible for employment in the United States
				in an attestation required by this shall, for each such violation, be subject
				to a fine of not less than $5,000, a term of imprisonment not to exceed 3
				years, or both.
					;
				and
			(8)by inserting after subsection (j) (as so
			 redesignated) the following:

					(k)Special criminal
				penalties for subcontractors and labor brokersAny person or subcontracting entity which
				engages in a pattern or practice of violations of subsection (a)(1)(A) or
				(a)(2) shall be fined not less than $100,000 for each unauthorized alien with
				respect to whom such a violation occurs, imprisoned for not less than 5 years
				for the entire pattern or practice, or both, notwithstanding the provisions of
				any other law relating to fine
				levels.
					.
			8.Compensation
			 fund
			(a)EstablishmentThere
			 is established in the Treasury a separate account to be known as the
			 Employment Verification Compensation Fund (in this section
			 referred to as the Fund).
			(b)Transfers to the
			 FundThere shall be deposited
			 in the Fund all fines and penalties collected under section 274A of the
			 Immigration and Nationality Act (8 U.S.C. 1324a).
			(c)ExpendituresSubject
			 to appropriations Acts, amounts in the Fund shall be available for compensation
			 pursuant to subparagraphs (E) and (F) of section 274A(b)(3) of the Immigration
			 and Nationality Act (8 U.S.C. 1324a(b)(3)), as amended by section 3 of this
			 Act.
			9.Contractor
			 database and audits
			(a)DatabaseThe
			 Secretary of Homeland Security shall create and maintain a publicly available
			 and accessible online database of contracting and subcontracting individuals or
			 entities which discloses the number of employment eligibility violations and
			 employment eligibility verification rejections each contracting or
			 subcontracting individual or entity has received. The database shall also
			 disclose the total number of verification attempts each contracting or
			 subcontracting individual or entity has made.
			(b)AuditThe
			 Secretary of Homeland Security shall audit and investigate any contracting or
			 subcontracting individual or entity which has a 10% or greater employment
			 verification rejection rate.
			10.Report on social
			 security card-based employment eligibility verification
			(a)Report
				(1)In
			 generalNot later than 9 months after the date of the enactment
			 of this Act, the Commissioner of Social Security, in consultation with the
			 Secretary of Treasury, the Secretary of Homeland Security, and the Attorney
			 General, shall submit a report to Congress that includes an evaluation of the
			 following requirements and changes:
					(A)A requirement that
			 Social Security cards that are made of a durable plastic or similar material
			 and that include an encrypted, machine-readable electronic identification strip
			 and a digital photograph of the individual to whom the card is issued, be
			 issued to each individual (whether or not a United States citizen) who—
						(i)is
			 authorized to be employed in the United States;
						(ii)is
			 seeking employment in the United States; and
						(iii)files an
			 application for such card, whether as a replacement of an existing Social
			 Security card or as a card issued in connection with the issuance of a new
			 Social Security account number.
						(B)The creation of a
			 unified database to be maintained by the Department of Homeland Security and
			 comprised of data from the Social Security Administration and the Department of
			 Homeland Security specifying the work authorization of individuals (including
			 both United States citizens and noncitizens) for the purpose of conducting
			 employment eligibility verification.
					(C)A requirement that
			 all employers verify the employment eligibility of all new hires using the
			 Social Security cards described in subparagraph (A) and a phone, electronic
			 card-reading, or other mechanism to seek verification of employment eligibility
			 through the use of the unified database described in subparagraph (B).
					(2)Items included
			 in reportThe report under paragraph (1) shall include an
			 evaluation of each of the following:
					(A)Projected cost,
			 including the cost to the Federal Government, State and local governments, and
			 the private sector.
					(B)Administrability.
					(C)Potential effects
			 on—
						(i)employers;
						(ii)employees,
			 including employees who are United States citizens as well as those that are
			 not citizens;
						(iii)tax revenue;
			 and
						(iv)privacy.
						(D)The extent to
			 which employer and employee compliance with immigration laws would be expected
			 to improve.
					(E)Any other relevant
			 information.
					(3)AlternativesThe
			 report under paragraph (1) also shall examine any alternatives to achieve the
			 same goals as the requirements and changes described in paragraph (1) but that
			 involve lesser cost, lesser burden on those affected, or greater ease of
			 administration.
				(b)Inspector
			 general reviewNot later than 3 months after the report is
			 submitted under subsection (a), the Inspector General of the Social Security
			 Administration, in consultation with the Inspectors General of the Department
			 of Treasury, the Department of Homeland Security, and the Department of
			 Justice, shall send to the Congress an evaluation of such report.
			(c)Congressional
			 considerationUpon receipt of the Inspector General’s evaluation
			 of the Commissioner of Social Security’s report, Congress shall consider
			 legislation enacting a plan that best meets both the objectives outlined in
			 this section as well as ease and feasibility of implementation based on the
			 reports presented by the Commissioner of Social Security and the Inspector
			 General.
			11.Effective
			 dateThis Act and the
			 amendments made by this Act shall take effect on the date of enactment of this
			 Act, except that the requirements of persons and entities to comply with the
			 employment eligibility verification process shall take effect on the date that
			 is 2 years after such date.
		12.Limitation on
			 verification responsibilities of Commissioner of Social SecurityThe Commissioner of Social Security is
			 authorized to perform activities with respect to carrying out the
			 Commissioner’s responsibilities in this Act or the amendments made by this Act,
			 but only to the extent (except for the purpose of carrying out section 8) the
			 Secretary of Homeland Security has provided, in advance, funds to cover the
			 Commissioner’s full costs in carrying out such responsibilities. In no case
			 shall funds from the Federal Old-Age and Survivors Insurance Trust Fund or the
			 Federal Disability Insurance Trust Fund be used to carry out such
			 responsibilities.
		13.Report on impact
			 on contracting and subcontracting individuals and entitiesNot later than 12 months after the date of
			 the enactment of this Act, the Secretary of Homeland Security shall submit a
			 report to Congress that determines whether the described employment eligibility
			 verification system permits contracting individuals and entities to determine
			 the eligibility of subcontracting individuals or entities without unduly
			 burdening contractors and without freeing subcontracting individuals or
			 entities to break employment laws.
		14.Report on
			 employment eligibility verification systemNot later than 1 year after the
			 implementation of the employment eligibility verification system established
			 under this Act, and 1 year thereafter, the Secretary of Homeland Security shall
			 submit to Congress a report on the progress and problems associated with
			 implementation of the system, including information relating to the most
			 efficient use of the system by small businesses.


		I
		111th CONGRESS
		1st Session
		H. R. 505
		IN THE HOUSE OF REPRESENTATIVES

			January 14, 2009
			Mr. Boren introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend section 119 of title 17, United States Code, to
		  allow the secondary transmission to any subscriber in the State of Oklahoma of
		  primary transmissions of local network stations in that State.

		1.Secondary transmissions to
			 subscribers in OklahomaSection 119(a)(2)(C) of title 17, United
			 States Code, is amended—
			(1)in clause (v), by
			 striking and (iv) and inserting (iv), and
			 (v);
			(2)by redesignating
			 clause (v) as clause (vi); and
			(3)by
			 inserting after clause (iv) the following new clause:

					(v)Subscribers in
				the State of Oklahoma
						(I)Eligibility to
				receive transmissions of local stations in OklahomaWith respect to any subscriber described in
				subclause (II), the statutory license provided for in subparagraph (A) shall
				apply to the secondary transmission by a satellite carrier to that subscriber
				of primary transmissions of network stations located in the State of
				Oklahoma.
						(II)Eligible
				subscribersSubclause (I) applies to any subscriber who—
							(aa)resides in the
				State of Oklahoma but does not receive the secondary transmissions of any
				network station located in that State because of the assignment of the
				subscriber to a local market receiving secondary transmissions of network
				stations located in another State; and
							(bb)elects to receive the secondary
				transmissions of network stations located in the State of Oklahoma instead of
				the secondary transmissions of network stations located in that other
				State.
							.


116 HR 5509 IH: Identifying Drug Cartels as Terrorists Act of 2019
U.S. House of Representatives
2019-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5509IN THE HOUSE OF REPRESENTATIVESDecember 19, 2019Mr. Fitzpatrick (for himself and Mr. Brindisi) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo deem certain cartel organizations to be foreign terrorist organizations pursuant to section 219
			 of the Immigration and Nationality Act, and for other purposes.

 1.Short titleThis Act may be cited as the Identifying Drug Cartels as Terrorists Act of 2019. 2.Certain cartels as foreign terrorist organizationsThe following organizations are hereby deemed to be foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189):
 (1)The Gulf Cartel. (2)The Jalisco New Generation Cartel.
 (3)The Beltran Leyva Cartel. (4)The Juarez Cartel.
 (5)The Los Zetas Cartel. (6)The Sinaloa Cartel.
 (7)The Tijuana Cartel.


109 HR 1885 IH: To suspend temporarily the duty on Deltamethrin.
U.S. House of Representatives
2005-04-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1885
IN THE HOUSE OF REPRESENTATIVES

April 27, 2005
Mr. Cleaver introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Deltamethrin.

1.Deltamethrin
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.05.79(1R,3R)-cis-3-(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylic acid, (S)-α-cyano-3-phenoxybenzyl ester (CAS Nos. 52918-63-5 and 52820-00-5) (provided for in subheading 2926.90.30)FreeNo changeNo changeOn or before 12/31/2008
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.


I
111th CONGRESS
1st Session
H. R. 2960
IN THE HOUSE OF REPRESENTATIVES

June 19, 2009
Mr. Kirk (for himself and Mr. Larsen of Washington) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To authorize the Secretary of Defense to pay an additional amount of assignment special pay to members of the Armed Forces who agree to serve in Afghanistan for up to six years or the duration of the United States mission in that country.

1.Additional assignment pay for members agreeing to serve in Afghanistan for the duration of the United States mission
(a)Additional assignment pay authorizedNotwithstanding the limitations specified in subsection (b) of section 352 of title 37, United States Code, on the maximum amount of assignment or special duty pay that may be paid to a member of the Armed Forces under such section, the Secretary of Defense may authorize the payment of assignment pay in the total amount of $250,000 to a member who agrees to serve on active duty in Afghanistan for six years or the duration of the United States mission in Afghanistan, whichever occurs first. The assignment period required by the agreement shall provide for reasonable periods of leave.
(b)Increased amounts for members fluent in certain languagesIf a member described in subsection (a) scores a 4.0 on the Foreign Service Institute test for the dominant languages of Pashto and Dari, the maximum amount of the assignment pay may be $500,000.


		II
		Calendar No. 170
		111th CONGRESS
		1st Session
		H. R. 1129
		[Report No. 111–84]
		IN THE SENATE OF THE UNITED
		  STATES

			July 8, 2009
			Received; read twice and referred to the
			 Committee on Indian
			 Affairs

			September 30, 2009
			Reported by Mr. Dorgan,
			 with amendments
			Omit the part struck through and insert the part
			 printed in italic

		AN ACT
		To authorize the Secretary of the Interior
		  to provide an annual grant to facilitate an iron working training program for
		  Native Americans.

		1.Iron working training program
			 for native americans
			(a)In
			 GeneralTo the extent funds are made available for this purpose,
			 the Secretary of the Interior, acting through the Bureau of Indian Affairs,
			 shall annually
			 provide a grant to an eligible
			 entity provide grants to federally recognized Indian
			 tribes (as defined in section 4 of the Indian Self-Determination and Education
			 Assistance Act (25 U.S.C. 450b)), tribal colleges and universities, and other
			 eligible entities to provide an iron working training program
			 for members of federally recognized Indian tribes. An
			 eligible entity that
			 receives a grant under this section shall provide a program that meets the
			 requirements of subsection (b) and may require such other criteria of the
			 program and participants of the program as the
			 eligible entity
			 considers appropriate to further the goals of the program.
			(b)RequirementsA
			 program funded by a grant under this section shall—
				(1)provide
			 specialized training in iron working skills to adult members of federally
			 recognized Indian tribes;
				(2)provide classroom
			 and on-the-job training; and
				(3)facilitate job
			 placement for participants upon successful completion of the requirements of
			 the program.
				(c)Eligible
			 EntityTo be eligible for a grant under this section, an entity
			 shall—
				(1)have proven
			 experience in providing successful iron working training programs to Native
			 American populations; and
				(2)have the
			 facilities necessary to carry out such a program with a grant provided under
			 this section.
				(c)DefinitionsIn
			 this section:
				(1)Other eligible
			 entityThe term other eligible entity means an
			 entity that—
					(A)has proven experience in
			 providing successful iron working training programs to Native American
			 populations; and
					(B)has the facilities
			 necessary to carry out such a program with a grant provided under this
			 section.
					(2)Tribal college or
			 universityThe term tribal college or university
			 means an institution of higher education that is formally controlled, or has
			 been formally sanctioned or chartered, by the governing body of 1 or more
			 Indian tribes.

		September 30, 2009
		Reported with amendments


IV
108th CONGRESS
2d Session
H. CON. RES. 425
IN THE HOUSE OF REPRESENTATIVES

May 13, 2004
Mr. Smith of New Jersey (for himself and Mr. Cardin) submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION
Expressing the sense of Congress in support of the ongoing work of the Organization for Security and Cooperation in Europe (OSCE) in combating anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence.

Whereas anti-Semitism is a unique evil and an affront to human rights that must be unequivocally condemned, and a phenomenon that, when left unchecked, has led to violence against members of the Jewish community and Jewish institutions;
Whereas racism, xenophobia, and discrimination are also pernicious ills that erode the dignity of the individual and such intolerance undermines the achievement and preservation of stable democratic societies;
Whereas to be effective in combating these phenomena, governments must respond to related violence while seeking to address the underlying sources of anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence through public denouncements by elected leaders, vigorous law enforcement, and education;
Whereas all Organization for Security and Cooperation in Europe (OSCE) participating states must confront acts of anti-Semitism and intolerance, and must deal effectively with acts of violence against Jews and Jewish cultural sites, as well as against ethnic and religious minority groups, in keeping with their OSCE commitments;
Whereas education is critical in overcoming intolerance and it is essential that those responsible for formulating education policy recognize the importance of teaching about the Holocaust and intolerance as a tool to fight anti-Semitism, racism, xenophobia, and discrimination among young people;
Whereas ensuring proper training of law enforcement officers and military forces is vital in keeping alive the memory of the Holocaust and to the importance of understanding and responding to incidents of anti-Semitism and intolerance;
Whereas OSCE participating states have repeatedly committed to condemn anti-Semitism and intolerance, foremost in the historic 1990 Copenhagen Concluding Document that, for the first time, declared participating [s]tates clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia and discrimination against anyone, and stated their intent to take effective measures . . . to provide protection against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-Semitism;
Whereas the OSCE Parliamentary Assembly has demonstrated leadership by unanimously passing resolutions at its annual sessions in 2002 and 2003 that condemn anti-Semitism, racial and ethnic hatred, xenophobia, and discrimination and call upon participating states to speak out against these acts and to ensure aggressive law enforcement by local and national authorities;
Whereas the 2002 Porto OSCE Ministerial Council Decision committed participating states to take strong public positions against . . . manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, specifically condemned the recent increase in anti-Semitic incidents in the OSCE area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom, and urged for the convening of separately designated human dimension events on issues addressed in this decision, including on the topics of anti-Semitism, discrimination and racism and xenophobia;
Whereas the 2003 OSCE Vienna conferences on anti-Semitism and racism, xenophobia and discrimination were groundbreaking, as the OSCE and its participating states met to discuss ways to combat these destructive forces;
Whereas the 2003 Maastricht Ministerial Council approved follow-up OSCE conferences on anti-Semitism and on racism, xenophobia and discrimination, and encouraged all participating [s]tates to collect and keep records on reliable information and statistics on hate crimes, including on forms of violent manifestations of racism, xenophobia, discrimination, and anti Semitism, as well as to inform the OSCE Office of Democratic Institutions and Human Rights (ODIHR) about existing legislation regarding crimes fuelled by intolerance and discrimination;
Whereas at the 2004 OSCE Conference on Anti-Semitism, hosted in the German capital, the Bulgarian Chairman-in-Office issued the Berlin Declaration which stated unambiguously that international developments or political issues, including those in Israel or elsewhere in the Middle East, never justify anti-Semitism;
Whereas the Berlin Declaration advances the process of monitoring of anti-Semitic crimes and hate crimes, as all OSCE participating states committed to collect and maintain statistics about these incidents and to forward that information to the ODIHR for compilation;
Whereas during the closing conference plenary, the German Foreign Minister and others highlighted the need to ensure all participating states follow through with their commitments and initiate efforts to track anti-Semitic crimes and hate crimes; and
Whereas the Government of Spain offered to hold a follow up meeting in Cordoba next year to review whether OSCE participating states are making every effort to fulfill their OSCE commitments regarding data collection on anti-Semitic crimes and hate crimes: Now, therefore, be it

That it is the sense of the Congress that—
(1)the United States Government and Congress should unequivocally condemn acts of anti-Semitism and intolerance whenever and wherever they occur;
(2)officials and elected leaders of all Organization for Security and Cooperation in Europe (OSCE) participating states, including all OSCE Mediterranean Partner for Cooperation countries, should also unequivocally condemn acts of anti-Semitism, racism, xenophobia, and discrimination whenever and wherever they occur;
(3)the participating states of the OSCE should be commended for supporting the Berlin Declaration and for working to bring increased attention to incidents of anti-Semitism and intolerance in the OSCE region;
(4)the United States Government, including Members of Congress, recognizing that the fundamental job of combating anti-Semitism and intolerance falls to governments, should work with other OSCE participating states and their parliaments to encourage the full compliance with OSCE commitments and, if necessary, urge the creation of legal mechanisms to combat and track acts of anti-Semitism and intolerance;
(5)all participating states, including the United States, should forward their respective laws and data on incidents of anti-Semitism and other hate crimes to the OSCE Office for Democratic Institutions and Human Rights (ODIHR) for compilation and provide adequate resources for the completion of its duties;
(6)the United States should encourage the Bulgarian Chairman-in-Office, in consultation with the incoming Slovenian Chairman-in-Office, to consider appointing a high level personal envoy to ensure sustained attention with respect to fulfilling OSCE commitments on reporting of anti-Semitic crimes;
(7)the United States should urge OSCE participating states that have not already done so to join the Task Force for International Cooperation on Holocaust Education, Remembrance, and Research; and
(8)all OSCE participating states should renew and revitalize efforts to implement their existing commitments to fight anti-Semitism and intolerance, and keep sharp focus on these issues as part of the usual work of the OSCE Permanent Council, the Human Dimension Implementation Review Meeting, the Ministerial Council and summits.


		II
		Calendar No. 411
		111th CONGRESS
		2d Session
		S. 3421
		IN THE SENATE OF THE UNITED
		  STATES

			May 25, 2010
			Mr. Grassley introduced
			 the following bill; which was read the first time

			May 26, 2010
			Read the second time and placed on the
			 calendar

		A BILL
		To provide a temporary extension of certain
		  programs, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Protecting Against Indebting our
			 Descendants through Fully Offset Relief (PAID FOR) Temporary Extension Act of
			 2010.
		2.Extension of unemployment insurance
			 provisions
			(a)In general(1)Section 4007 of the Supplemental
			 Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is
			 amended—
					(A)by striking June 2, 2010
			 each place it appears and inserting July 7, 2010;
					(B)in the heading for subsection (b)(2), by
			 striking june 2,
			 2010 and inserting july 7, 2010; and
					(C)in subsection (b)(3), by striking
			 November 6, 2010 and inserting December 11,
			 2010.
					(2)Section 2002(e) of the Assistance for
			 Unemployed Workers and Struggling Families Act, as contained in Public Law
			 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended—
					(A)in paragraph (1)(B), by striking
			 June 2, 2010 and inserting July 7, 2010;
					(B)in the heading for paragraph (2), by
			 striking june 2,
			 2010 and inserting july 7, 2010; and
					(C)in paragraph (3), by striking
			 December 7, 2010 and inserting January 11,
			 2011.
					(3)Section 2005 of the Assistance for
			 Unemployed Workers and Struggling Families Act, as contained in Public Law
			 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended—
					(A)by striking June 2, 2010
			 each place it appears and inserting July 7, 2010; and
					(B)in subsection (c), by striking
			 November 6, 2010 and inserting December 11,
			 2010.
					(4)Section 5 of the Unemployment Compensation
			 Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is amended by
			 striking November 6, 2010 and inserting December 11,
			 2010.
				(b)FundingSection 4004(e)(1) of the Supplemental
			 Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is
			 amended—
				(1)in subparagraph (D), by striking
			 and at the end; and
				(2)by inserting after subparagraph (E) the
			 following:

						(F)the amendments made by section 2(a)(1) of
				the Protecting Against Indebting our
				Descendants through Fully Offset Relief (PAID FOR) Temporary Extension Act of
				2010;
				and
						.
				(c)Effective
			 dateThe amendments made by
			 this section shall take effect as if included in the enactment of the
			 Continuing Extension Act of 2010 (Public Law 111–157).
			3.Extension and improvement of premium
			 assistance for COBRA benefits
			(a)Extension of eligibility
			 periodSubsection (a)(3)(A)
			 of section 3001 of division B of the American Recovery and Reinvestment Act of
			 2009 (Public Law 111–5), as amended by section 3(a) of the Continuing Extension
			 Act of 2010 (Public Law 111–157), is amended by striking May 31,
			 2010 and inserting June 30, 2010.
			(b)Effective
			 dateThe amendment made by
			 this section shall take effect as if included in the provisions of section 3001
			 of division B of the American Recovery and Reinvestment Act of 2009.
			4.Increase in the Medicare physician payment
			 updateParagraph (10) of
			 section 1848(d) of the Social Security Act, as added by section 1011(a) of the
			 Department of Defense Appropriations Act, 2010 (Public Law 111–118) and as
			 amended by section 5 of the Temporary Extension Act of 2010 (Public Law
			 111–144) and section 4 of the Continuing Extension Act of 2010 (Public Law
			 111–157), is amended—
			(1)in subparagraph (A), by striking May
			 31, 2010 and inserting June 30, 2010; and
			(2)in subparagraph (B), by striking
			 June 1, 2010 and inserting July 1, 2010.
			5.Extension of use of 2009 poverty
			 guidelinesSection 1012 of the
			 Department of Defense Appropriations Act, 2010 (Public Law 111–118), as amended
			 by section 6 of the Continuing Extension Act of 2010 (Public Law 111–157), is
			 amended by striking May 31, 2010 and inserting June 30,
			 2010.
		6.Extension of national flood insurance
			 program
			(a)ExtensionSection 129 of the Continuing
			 Appropriations Resolution, 2010 (Public Law 111–68), as amended by section 7 of
			 the Continuing Extension Act of 2010 (Public Law 111–157), is amended by
			 striking by substituting and all that follows through the period
			 at the end and inserting by substituting June 30, 2010, for the date
			 specified in each such section..
			(b)Effective
			 dateThe amendments made by
			 subsection (a) shall be considered to have taken effect on February 28,
			 2010.
			7.Extension of small business loan guarantee
			 program
			(a)AppropriationThere is appropriated, out of any funds in
			 the Treasury not otherwise appropriated, $60,000,000, for an additional amount
			 for Small Business Administration—Business Loans Program
			 Account, to remain available until expended, for the cost of fee
			 reductions and eliminations under section 501 of division A of the American
			 Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 151) and
			 loan guarantees under section 502 of division A of the American Recovery and
			 Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 152), as amended by this
			 section: Provided, That such costs shall be as defined in
			 section 502 of the Congressional Budget Act of 1974.
			(b)Extension of sunset dateSection 502(f) of division A of the
			 American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat.
			 153) is amended by striking May 31, 2010 and inserting
			 June 30, 2010.
			8.Use of stimulus funds to offset
			 spendingThe unobligated
			 balance of each amount appropriated or made available under the American
			 Recovery and Reinvestment Act of 2009 (Public Law 111–5) (other than under
			 title X of division A of such Act) is rescinded pro rata such that the
			 aggregate amount of such rescissions equals $13,000,000,000 in order to offset
			 the net increase in spending resulting from the provisions of, and amendments
			 made by, sections 2 through 7. The Director of the Office of Management and
			 Budget shall report to each congressional committee the amounts so rescinded
			 within the jurisdiction of such committee.
		9.Determination of budgetary effects
			(a)In generalThe 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 Senate Budget Committee, provided
			 that such statement has been submitted prior to the vote on passage.
			(b)Emergency Designation for Congressional
			 EnforcementIn the House of
			 Representatives, this Act, with the exception of section 4, is designated as an
			 emergency for purposes of pay-as-you-go principles. In the Senate, this Act is
			 designated as an emergency requirement pursuant to section 403(a) of S. Con.
			 Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal
			 year 2010.
			(c)Emergency Designation for Statutory
			 PAYGOThis Act, with the
			 exception of section 4, is designated as an emergency requirement pursuant to
			 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2
			 U.S.C. 933(g)).

		May 26, 2010
		Read the second time and placed on the
		  calendar


115 SRES 650 ATS: Recognizing the 1-year anniversary of Hurricane Harvey.
U.S. Senate

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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		115th CONGRESS
		2d Session
		S. RES. 650
		IN THE SENATE OF THE UNITED STATES

			September 25, 2018
			Mr. Cruz (for himself, Mr. Cornyn, Mr. Cassidy, and Mr. Kennedy) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the 1-year anniversary of Hurricane Harvey.

 Whereas, on August 25, 2017, Hurricane Harvey reached the shores of the United States and wreaked havoc on the States of Texas and Louisiana;
 Whereas, because of Hurricane Harvey, the President issued a major disaster declaration with respect to Texas on August 25, 2017, and with respect to Louisiana on August 28, 2017;
 Whereas Hurricane Harvey was directly responsible for the deaths of not less than 68 individuals in Texas;
 Whereas, according to the National Oceanic and Atmospheric Administration, the estimate of the damage caused by Hurricane Harvey is $125,000,000,000;
 Whereas, according to the National Hurricane Center, during Hurricane Harvey— (1)Texas experienced as much as 60.58 inches of rain;
 (2)Louisiana experienced as much as 23.71 inches of rain; (3)more than 300,000 structures and as many as 500,000 cars flooded in southeastern Texas alone;
 (4)an estimated 336,000 customers lost power during Hurricane Harvey in Texas and Louisiana; and (5)an estimated 40,000 flood survivors were evacuated to, or took refuge in, shelters across Texas or Louisiana;
 Whereas, according to the Federal Emergency Management Agency, as a result of Hurricane Harvey— (1)41,5000 square miles of land mass in Texas were impacted;
 (2)more than 100,000 search and rescue missions were conducted across Texas by Federal, State, and local partners;
 (3)12,000,000 cubic yards of storm debris were removed in Texas; (4)more than 200,000 single-family homes were flooded across the State of Texas, many of which were not in high-risk areas;
 (5)294 shelters were opened in Texas, holding up to 42,399 survivors; and (6)approximately 82 volunteer organizations with a total of 91,391 volunteers operated in Texas to provide assistance in response to the storm;
 Whereas the Gulf Coast of Texas suffered sweeping economic losses due to closures of businesses and ports and interruptions in oil and gas production, trade, and tourism caused by Hurricane Harvey;
 Whereas thousands of businesses were damaged due to Hurricane Harvey, which caused some businesses to close for a period of time and other businesses to close indefinitely;
 Whereas Hurricane Harvey caused an estimated $200,000,000 in crop and cattle loss in Texas; Whereas Hurricane Harvey resulted in the closure of countless schools due to flooding, power outages, and dangerous conditions;
 Whereas school closures caused by Hurricane Harvey disrupted the academic school year for thousands of students and forced teachers to relocate classrooms to less favorable learning environments;
 Whereas doctors, nurses, and other medical personnel worked expeditiously to provide care and ensure that patients were safe under extreme circumstances;
 Whereas volunteer organizations and charities continue to assist survivors of Hurricane Harvey with food, water, and shelter;
 Whereas thousands of volunteers and Federal, State, and local government employees from across the United States continue to assist with long-term recovery needs and efforts; and
 Whereas significant challenges remain in Texas and Louisiana as those States work to recover, rebuild, and prepare for potential future disasters: Now, therefore, be it

 That the Senate— (1)recognizes the 1-year anniversary of Hurricane Harvey, which reached the shores of the United States on August 25, 2017;
 (2)expresses condolences to the victims of Hurricane Harvey; (3)commends the resiliency and courage of the people of Texas and Louisiana;
 (4)applauds the work and commitment of Federal, State, and local partners, law enforcement officers, active duty members of the Armed Forces, members of the National Guard and Reserves, first responders, and brave citizens who went into harm's way to save countless lives in the aftermath of Hurricane Harvey and who have provided support during the past year; and
 (5)reaffirms the commitment of the Senate to stand by the people of Texas and Louisiana and to provide necessary resources as the people of Texas and Louisiana rebuild their communities.