 HR 2719 ENR: Transportation Security Acquisition Reform Act
U.S. House of Representatives

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

I
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 2719

AN ACT
To require the Transportation Security Administration to implement best practices and improve transparency with regard to technology acquisition programs, and for other purposes.

1.Short titleThis Act may be cited as the Transportation Security Acquisition Reform Act.
2.FindingsCongress finds the following:
(1)The Transportation Security Administration has not consistently implemented Department of Homeland Security policies and Government best practices for acquisition and procurement.
(2)The Transportation Security Administration has only recently developed a multiyear technology investment plan, and has underutilized innovation opportunities within the private sector, including from small businesses.
(3)The Transportation Security Administration has faced challenges in meeting key performance requirements for several major acquisitions and procurements, resulting in reduced security effectiveness and wasted expenditures.
3.Transportation Security Administration acquisition reform
(a)In generalTitle XVI of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2312) is amended to read as follows:

XVITransportation security
AGeneral provisions
1601.DefinitionsIn this title:
(1)AdministrationThe term Administration means the Transportation Security Administration.
(2)AdministratorThe term Administrator means the Administrator of the Transportation Security Administration.
(3)PlanThe term Plan means the strategic 5-year technology investment plan developed by the Administrator under section 1611.
(4)Security-related technologyThe term security-related technology means any technology that assists the Administration in the prevention of, or defense against, threats to United States transportation systems, including threats to people, property, and information.
BTransportation security administration acquisition improvements
1611.5-year technology investment plan
(a)In generalThe Administrator shall—
(1)not later than 180 days after the date of the enactment of the Transportation Security Acquisition Reform Act, develop and submit to Congress a strategic 5-year technology investment plan, that may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and
(2)to the extent possible, publish the Plan in an unclassified format in the public domain.
(b)ConsultationThe Administrator shall develop the Plan in consultation with—
(1)the Under Secretary for Management;
(2)the Under Secretary for Science and Technology;
(3)the Chief Information Officer; and
(4)the aviation industry stakeholder advisory committee established by the Administrator.
(c)ApprovalThe Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary.
(d)Contents of PlanThe Plan shall include—
(1)an analysis of transportation security risks and the associated capability gaps that would be best addressed by security-related technology, including consideration of the most recent quadrennial homeland security review under section 707;
(2)a set of security-related technology acquisition needs that—
(A)is prioritized based on risk and associated capability gaps identified under paragraph (1); and
(B)includes planned technology programs and projects with defined objectives, goals, timelines, and measures;
(3)an analysis of current and forecast trends in domestic and international passenger travel;
(4)an identification of currently deployed security-related technologies that are at or near the end of their lifecycles;
(5)an identification of test, evaluation, modeling, and simulation capabilities, including target methodologies, rationales, and timelines necessary to support the acquisition of the security-related technologies expected to meet the needs under paragraph (2);
(6)an identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer;
(7)an identification of the Administration’s acquisition workforce needs for the management of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Federal agencies;
(8)an identification of the security resources, including information security resources, that will be required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack;
(9)an identification of initiatives to streamline the Administration’s acquisition process and provide greater predictability and clarity to small, medium, and large businesses, including the timeline for testing and evaluation;
(10)an assessment of the impact to commercial aviation passengers;
(11)a strategy for consulting airport management, air carrier representatives, and Federal security directors whenever an acquisition will lead to the removal of equipment at airports, and how the strategy for consulting with such officials of the relevant airports will address potential negative impacts on commercial passengers or airport operations; and
(12)in consultation with the National Institutes of Standards and Technology, an identification of security-related technology interface standards, in existence or if implemented, that could promote more interoperable passenger, baggage, and cargo screening systems.
(e)Leveraging the private sectorTo the extent possible, and in a manner that is consistent with fair and equitable practices, the Plan shall—
(1)leverage emerging technology trends and research and development investment trends within the public and private sectors;
(2)incorporate private sector input, including from the aviation industry stakeholder advisory committee established by the Administrator, through requests for information, industry days, and other innovative means consistent with the Federal Acquisition Regulation; and
(3)in consultation with the Under Secretary for Science and Technology, identify technologies in existence or in development that, with or without adaptation, are expected to be suitable to meeting mission needs.
(f)DisclosureThe Administrator shall include with the Plan a list of nongovernment persons that contributed to the writing of the Plan.
(g)Update and reportBeginning 2 years after the date the Plan is submitted to Congress under subsection (a), and biennially thereafter, the Administrator shall submit to Congress—
(1)an update of the Plan; and
(2)a report on the extent to which each security-related technology acquired by the Administration since the last issuance or update of the Plan is consistent with the planned technology programs and projects identified under subsection (d)(2) for that security-related technology.
1612.Acquisition justification and reports
(a)Acquisition justificationBefore the Administration implements any security-related technology acquisition, the Administrator, in accordance with the Department's policies and directives, shall determine whether the acquisition is justified by conducting an analysis that includes—
(1)an identification of the scenarios and level of risk to transportation security from those scenarios that would be addressed by the security-related technology acquisition;
(2)an assessment of how the proposed acquisition aligns to the Plan;
(3)a comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security;
(4)an analysis of alternative security solutions, including policy or procedure solutions, to determine if the proposed security-related technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations;
(5)an assessment of the potential privacy and civil liberties implications of the proposed acquisition that includes, to the extent practicable, consultation with organizations that advocate for the protection of privacy and civil liberties;
(6)a determination that the proposed acquisition is consistent with fair information practice principles issued by the Privacy Officer of the Department;
(7)confirmation that there are no significant risks to human health or safety posed by the proposed acquisition; and
(8)an estimate of the benefits to commercial aviation passengers.
(b)Reports and certification to Congress
(1)In generalNot later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives—
(A)the results of the comprehensive acquisition justification under subsection (a); and
(B)a certification by the Administrator that the benefits to transportation security justify the contract cost.
(2)Extension due to imminent terrorist threatIf there is a known or suspected imminent threat to transportation security, the Administrator—
(A)may reduce the 30-day period under paragraph (1) to 5 days to rapidly respond to the threat; and
(B)shall immediately notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives of the known or suspected imminent threat.
1613.Acquisition baseline establishment and reports
(a)Baseline requirements
(1)In generalBefore the Administration implements any security-related technology acquisition, the appropriate acquisition official of the Department shall establish and document a set of formal baseline requirements.
(2)ContentsThe baseline requirements under paragraph (1) shall—
(A)include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition;
(B)identify the acquisition risks and a plan for mitigating those risks; and
(C)assess the personnel necessary to manage the acquisition process, manage the ongoing program, and support training and other operations as necessary.
(3)FeasibilityIn establishing the performance milestones under paragraph (2)(A), the appropriate acquisition official of the Department, to the extent possible and in consultation with the Under Secretary for Science and Technology, shall ensure that achieving those milestones is technologically feasible.
(4)Test and evaluation planThe Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a test and evaluation plan that describes—
(A)the activities that are expected to be required to assess acquired technologies against the performance milestones established under paragraph (2)(A);
(B)the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that such technologies meet the Administration’s mission needs;
(C)an efficient planning schedule to ensure that test and evaluation activities are completed without undue delay; and
(D)if commercial aviation passengers are expected to interact with the security-related technology, methods that could be used to measure passenger acceptance of and familiarization with the security-related technology.
(5)Verification and validationThe appropriate acquisition official of the Department—
(A)subject to subparagraph (B), shall utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2) for a security-related technology that pursuant to section 1611(d)(2) has been identified as a high priority need in the most recent Plan; and
(B)shall ensure that the use of independent reviewers does not unduly delay the schedule of any acquisition.
(6)Streamlining access for interested vendorsThe Administrator shall establish a streamlined process for an interested vendor of a security-related technology to request and receive appropriate access to the baseline requirements and test and evaluation plans that are necessary for the vendor to participate in the acquisitions process for that technology.
(b)Review of baseline requirements and deviation; report to congress
(1)Review
(A)In generalThe appropriate acquisition official of the Department shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a).
(B)Test and evaluation assessmentThe review shall include an assessment of whether—
(i)the planned testing and evaluation activities have been completed; and
(ii)the results of that testing and evaluation demonstrate that the performance milestones are technologically feasible.
(2)ReportNot later than 30 days after making a finding described in clause (i), (ii), or (iii) of subparagraph (A), the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that includes—
(A)the results of any assessment that finds that—
(i)the actual or planned costs exceed the baseline costs by more than 10 percent;
(ii)the actual or planned schedule for delivery has been delayed by more than 180 days; or
(iii)there is a failure to meet any performance milestone that directly impacts security effectiveness;
(B)the cause for such excessive costs, delay, or failure; and
(C)a plan for corrective action.
1614.Inventory utilization
(a)In generalBefore the procurement of additional quantities of equipment to fulfill a mission need, the Administrator, to the extent practicable, shall utilize any existing units in the Administration’s inventory to meet that need.
(b)Tracking of inventory
(1)In generalThe Administrator shall establish a process for tracking—
(A)the location of security-related equipment in the inventory under subsection (a);
(B)the utilization status of security-related technology in the inventory under subsection (a); and
(C)the quantity of security-related equipment in the inventory under subsection (a).
(2)Internal controlsThe Administrator shall implement internal controls to ensure up-to-date accurate data on security-related technology owned, deployed, and in use.
(c)Logistics management
(1)In generalThe Administrator shall establish logistics principles for managing inventory in an effective and efficient manner.
(2)Limitation on just-in-time logisticsThe Administrator may not use just-in-time logistics if doing so—
(A)would inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or
(B)would unduly diminish surge capacity for response to a terrorist threat.
1615.Small business contracting goalsNot later than 90 days after the date of enactment of the Transportation Security Acquisition Reform Act, and annually thereafter, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that includes—
(1)the Administration’s performance record with respect to meeting its published small-business contracting goals during the preceding fiscal year;
(2)if the goals described in paragraph (1) were not met or the Administration's performance was below the published small-business contracting goals of the Department—
(A)a list of challenges, including deviations from the Administration’s subcontracting plans, and factors that contributed to the level of performance during the preceding fiscal year;
(B)an action plan, with benchmarks, for addressing each of the challenges identified in subparagraph (A) that—
(i)is prepared after consultation with the Secretary of Defense and the heads of Federal departments and agencies that achieved their published goals for prime contracting with small and minority-owned businesses, including small and disadvantaged businesses, in prior fiscal years; and
(ii)identifies policies and procedures that could be incorporated by the Administration in furtherance of achieving the Administration’s published goal for such contracting; and
(3)a status report on the implementation of the action plan that was developed in the preceding fiscal year in accordance with paragraph (2)(B), if such a plan was required.
1616.Consistency with the Federal acquisition regulation and departmental policies and directivesThe Administrator shall execute the responsibilities set forth in this subtitle in a manner consistent with, and not duplicative of, the Federal Acquisition Regulation and the Department's policies and directives..
(b)Conforming amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to title XVI and inserting the following:

TITLE XVI—Transportation security
Subtitle A—General provisions
Sec. 1601. Definitions.
Subtitle B—Transportation security administration acquisition improvements
Sec. 1611. 5-year technology investment plan.
Sec. 1612. Acquisition justification and reports.
Sec. 1613. Acquisition baseline establishment and reports.
Sec. 1614. Inventory utilization.
Sec. 1615. Small business contracting goals.
Sec. 1616. Consistency with the Federal acquisition regulation and departmental policies and directives..
(c)Prior amendments not affectedNothing in this section may be construed to affect any amendment made by title XVI of the Homeland Security Act of 2002 as in effect before the date of enactment of this Act.
4.Government Accountability Office reports
(a)Implementation of previous recommendationsNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains an assessment of the Transportation Security Administration’s implementation of recommendations regarding the acquisition of security-related technology that were made by the Government Accountability Office before the date of the enactment of this Act.
(b)Implementation of subtitle B of Title XVINot later than 1 year after the date of enactment of this Act and 3 years thereafter, the Comptroller General of the United States shall submit a report to Congress that contains an evaluation of the Transportation Security Administration’s progress in implementing subtitle B of title XVI of the Homeland Security Act of 2002, as amended by section 3, including any efficiencies, cost savings, or delays that have resulted from such implementation.
5.Report on feasibility of inventory trackingNot later than 90 days after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall submit a report to Congress on the feasibility of tracking security-related technology, including software solutions, of the Administration through automated information and data capture technologies.
6.Government accountability office review of TSA’s test and evaluation processNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that includes—
(1)an evaluation of the Transportation Security Administration’s testing and evaluation activities related to security-related technology;
(2)information on the extent to which—
(A)the execution of such testing and evaluation activities is aligned, temporally and otherwise, with the Administration’s annual budget request, acquisition needs, planned procurements, and acquisitions for technology programs and projects; and
(B)security-related technology that has been tested, evaluated, and certified for use by the Administration but was not procured by the Administration, including the reasons the procurement did not occur; and
(3)recommendations—
(A)to improve the efficiency and efficacy of such testing and evaluation activities; and
(B)to better align such testing and evaluation with the acquisitions process.
7.No additional authorization of appropriationsNo additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


116 HR 4734 IH: American Science First Act
U.S. House of Representatives
2021-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4734IN THE HOUSE OF REPRESENTATIVESJuly 28, 2021Mr. Allen introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyA BILLTo prohibit the Director of the National Science Foundation from awarding grants and other forms of assistance to Chinese communist military companies and their affiliates, and for other purposes.1.Short titleThis Act may be cited as the American Science First Act. 2.Restriction on National Science Foundation grants and other forms of assistance to Chinese communist military companies and their affiliates(a)In generalNotwithstanding any other provision of law, the Director of the National Science Foundation may not provide grants or other forms of assistance to any individual or entity that is affiliated or otherwise has a relationship, including but not limited to a research partnership, joint venture, or contract with—(1)an entity included on the list maintained and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations;(2)a company on the list required by section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note), or required by section 1260H of the Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), or any successor list; or(3)any parent, subsidiary, affiliate of, or entity owned by or controlled by, an entity described in paragraph (1) or (2). (b)Export administration regulations definedIn this section, the term Export Administration Regulations means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations.


110 HRES 648 IH: Supporting the goals and ideals of Sudden

U.S. House of Representatives
2007-09-10
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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.

		IV
		110th CONGRESS
		1st Session
		H. RES. 648
		IN THE HOUSE OF REPRESENTATIVES

			September 10, 2007
			Mr. Issa submitted
			 the following resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		RESOLUTION
		Supporting the goals and ideals of Sudden
		  Cardiac Arrest Awareness Day.

		Whereas nationwide more than 325,000 Americans die each
			 year from sudden cardiac arrest, which amounts to 900 people per day at a rate
			 of one person every 90 seconds;
		Whereas more Americans die each year from sudden cardiac
			 arrest than from cancer and car accidents combined;
		Whereas almost 95 percent of sudden cardiac arrest victims
			 die before they reach a hospital or obtain other emergency medical
			 attention;
		Whereas 80 percent of sudden cardiac arrests are caused by
			 ventricular fibrillation, a heart rhythm variance for which defibrillation and
			 cardiopulmonary resuscitation (CPR) are the only effective treatments;
		Whereas sudden cardiac arrest causes the brain to begin
			 dying within four to six minutes of onset;
		Whereas for every minute that passes while a person is
			 experiencing sudden cardiac arrest, chances of survival decrease by 10
			 percent;
		Whereas after six minutes, according to studies conducted
			 by the Mayo Clinic, the chance of resuscitating a sudden cardiac arrest victim
			 is almost zero;
		Whereas although sudden cardiac arrest is one of the
			 leading causes of death in the United States, automated external defibrillators
			 (AEDs) can prevent these deaths;
		Whereas AEDs enable medical and nonmedical rescuers to
			 deliver a potentially lifesaving defibrillation to sudden cardiac arrest
			 victims;
		Whereas the national sudden cardiac arrest survival rate
			 without defibrillation and CPR is less than 5 percent;
		Whereas the Federal Government has already mandated every
			 commercial airplane to have an AED on board;
		Whereas a sudden cardiac arrest event is 30 times more
			 likely to occur in a school than on an airplane;
		Whereas on any given day, 20 percent of the population,
			 both adults and children, occupy the Nation’s schools;
		Whereas an estimated 3,000 to 5,000 school-aged children
			 die each year from sudden cardiac arrest;
		Whereas in the United States, one out of every 100,000 to
			 300,000 high school athletes will die each year from sudden cardiac
			 arrest;
		Whereas in communities with strong public access
			 defibrillation programs, the sudden cardiac arrest survival rate, when
			 defibrillation and CPR are provided within the first three minutes, is up to 75
			 percent;
		Whereas education, training, and preparedness are critical
			 factors in the ability to successfully save the life of a sudden cardiac arrest
			 victim; and
		Whereas heightened public awareness of how critical time
			 is in providing treatment to sudden cardiac arrest victims can help save lives:
			 Now, therefore, be it

		That the House of
			 Representatives—
			(1)supports the goals and ideals of Sudden
			 Cardiac Arrest Awareness Day; and
			(2)encourages
			 awareness and education efforts on the subject of sudden cardiac arrest and the
			 timely use of an automated external defibrillator and cardiopulmonary
			 resuscitation.


117 HR 3564 IH: Choosing Healthy Investments and not Lunch Deductions (CHILD) Care Act of 2021
U.S. House of Representatives
2021-05-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3564IN THE HOUSE OF REPRESENTATIVESMay 28, 2021Ms. Bonamici (for herself and Mr. Meijer) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Appropriations, 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 repeal the temporary rule allowing full deduction of business meals and to provide an appropriation for making payments under the Child Care and Development Block Grant Act of 1990.1.Short titleThis Act may be cited as the Choosing Healthy Investments and not Lunch Deductions (CHILD) Care Act of 2021 or as the CHILD Care Act of 2021.2.Repeal the temporary rule allowing the full deduction of business meals(a)In generalSection 274(n)(2) of the Internal Revenue Code of 1986 is amended by adding or at the end of subparagraph (B), by striking , or at the end of subparagraph (C)(iv) and inserting a period, and by striking subparagraph (D).(b)Effective dateThe amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.3.AppropriationThe following additional amount is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $5,031,000,000 for making payments under the Child Care and Development Block Grant Act of 1990, including for Federal administrative expenses, to remain available until expended.


		I
		112th CONGRESS
		2d Session
		H. R. 4823
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2012
			Mr. Berman introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on spun-bonded,
		  non-woven, high-density polyethylene materials.

		1.Spun-bonded, non-woven,
			 high-density polyethylene materials
			(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:

								9902.01.00Spun-bonded, non-woven, high-density polyethylene materials
						(provided for in subheading 4202–92–30)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(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 the enactment of this Act.


116 S4367 IS: Health Savings Accounts For All Act of 2020
U.S. Senate
2020-07-29
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EN
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II116th CONGRESS2d SessionS. 4367IN THE SENATE OF THE UNITED STATESJuly 29, 2020Mr. Paul introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to eliminate limitations on contributions to health savings accounts.1.Short titleThis Act may be cited as the Health Savings Accounts For All Act of 2020.2.Repeal of contribution limitations(a)In generalSubsection (b) of section 223 of the Internal Revenue Code of 1986 is amended to read as follows:(b)Denial of deduction to dependentsNo deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins..(b)Conforming amendments(1)Subparagraph (A) of section 223(d)(1) of the Internal Revenue Code of 1986 is amended—(A)by striking subsection (f)(5) and inserting subsection (f)(4), and(B)by striking accepted— and all that follows and inserting accepted unless it is in cash..(2)Subsection (f) of section 223 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively.(3)Subsection (g) of section 223 of such Code is amended—(A)by striking subsections (b)(2) and (c)(2)(A) both places it appears and inserting subsection (c)(2)(A), and(B)by amending subparagraph (B) to read as follows:(B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2003 for calendar year 2016 in subparagraph (A)(ii) thereof..(4)Section 26(b)(2) of such Code is amended—(A)by striking , 223(b)(8)(B)(i)(II), in subparagraph (S), and(B)by striking 223(f)(4) in subparagraph (U) and inserting 223(f)(3).(5)Paragraph (1) of section 106(d) of such Code is amended by striking under an accident or health plan and all that follows and inserting under an accident or health plan..(6)Subparagraph (C) of section 106(e)(4) of such Code is amended by striking 223(f)(5) and inserting 223(f)(4).(7)Subparagraph (C) of section 408(d)(9) of such Code is amended—(A)by striking Limitations.— in the heading and all that follows through (ii) One-time transfer.— in clause (ii), and inserting One-time transfer.—,(B)by redesignating subclauses (I) and (II) as clauses (i) and (ii) and moving such clauses 2 ems to the left, and(C)by striking subclause (II) in clause (i), as so redesignated, and inserting clause (ii).(8)Section 4973 of such Code is amended by striking subsection (g) and by redesignating subsection (h) as subsection (g).(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.3.Freedom from mandate(a)In generalSection 223 of the Internal Revenue Code of 1986, as amended by section 2, is further amended by striking subsections (c) and (g) and by redesignating subsections (d), (e), (f), and (h) as subsections (c), (d), (e), and (f), respectively.(b)Conforming amendments(1)Subsection (a) of section 223 of the Internal Revenue Code of 1986 is amended to read as follows:(a)Deduction allowedIn the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual..(2)Subsection (c)(1)(A) of section 223 of such Code, as amended by section 2 and redesignated by subsection (a), is further amended by striking subsection (f)(4) and inserting subsection (e)(4).(3)Subparagraph (U) of section 26(b)(2) of such Code, as amended by section 2, is further amended by striking section 223(f)(3) and inserting section 223(e)(3).(4)Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(B)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking section 223(d) each place it appears and inserting section 223(c).(5)Section 106(d)(1) of such Code is amended—(A)by striking who is an eligible individual (as defined in section 223(c)(1)), and(B)by striking section 223(d) and inserting section 223(c).(6)Section 106(e) of such Code is amended—(A)by striking paragraphs (3) and (4) and by redesignating paragraph (5) as paragraph (4),(B)by inserting after paragraph (2) the following new paragraph:(3)Treatment as rollover contributionA qualified HSA distribution shall be treated as a rollover contribution described in section 223(e)(4)., and(C)by striking to any eligible individual covered under a high deductible health plan of the employer in paragraph (4)(B)(ii) (as so redesignated) and inserting to any employee with respect to whom a health savings account has been established.(7)Section 408(d)(9)(A) of such Code is amended by striking who is an eligible individual (as defined in section 223(c)) and.(8)Section 877A(g)(6) of such Code is amended by striking 223(f)(4) and inserting 223(e)(4).(9)Section 4975 of such Code is amended—(A)in subsection (c)(6)—(i)by striking section 223(d) and inserting section 223(c), and(ii)by striking section 223(e)(2) and inserting section 223(d)(2), and(B)in subsection (e)(1)(E), by striking section 223(d) and inserting section 223(c).(10)Subsection (b) of section 4980G of such Code is amended to read as follows:(b)Rules and requirements(1)In generalAn employer meets the requirements of this subsection for any calendar year if the employer makes available comparable contributions to the health savings accounts of all comparable participating employees for each coverage period during such calendar year.(2)Comparable contributions(A)In generalFor purposes of paragraph (1), the term comparable contributions means contributions—(i)which are the same amount, or(ii)if the employees are covered by a health plan, which are the same percentage of the annual deductible limit under the plan covering the employees.(B)Part-year employeesIn the case of an employee who is employed by the employer for only a portion of the calendar year, a contribution to the health savings account of such employee shall be treated as comparable if it is an amount which bears the same ratio to the comparable amount (determined without regard to this subparagraph) as such portion bears to the entire calendar year.(3)Comparable participating employeesFor purposes of paragraph (1), the term comparable participating employees means all employees who are covered (if at all) under the same health plan of the employer and have the same category of coverage. For purposes of the preceding sentence, the categories of coverage are self-only and family coverage.(4)Part-time employees(A)In generalParagraph (3) shall be applied separately with respect to part-time employees and other employees.(B)Part-time employeeFor purposes of subparagraph (A), the term part-time employee means any employee who is customarily employed for fewer than 30 hours per week..(11)Section 4980G(d) of such Code is amended by striking section 4980E and inserting this section.(12)Section 6693(a)(2)(C) of such Code is amended by striking section 223(h) and inserting section 223(f).(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.4.Allowance of
			 distributions for prescription and over-the-counter medicines and
 drugs(a)HSAsParagraph (2)(A) of section 223(c) of the Internal Revenue Code of 1986, as redesignated by section 3, is amended by adding at the end the following: The term qualified medical expenses shall include an amount paid for any prescription or over-the-counter medicine or drug..(b)Archer
 MSAsSection 220(d)(2)(A) of the Internal Revenue Code of 1986 is amended—(1)by striking section 223(d)(2)(D) and inserting section 223(c)(2)(B), and(2)by adding at the end the following: The term qualified medical expenses shall include an amount paid for any prescription or over-the-counter medicine or drug..(c)Health flexible
			 spending arrangements and health reimbursement
 arrangementsSubsection (f) of section 106 of the Internal Revenue Code of 1986 is amended to read as follows:(f)Reimbursements
 for all medicines, drugs, and menstrual care productsFor purposes of this section and section 105—(1)reimbursement for expenses incurred for any prescription or over-the-counter medicine or drug shall be treated as a reimbursement for medical expenses, and(2)expenses incurred for menstrual care products (as defined in section 223(c)(2)(B)) shall be treated as incurred for medical care..(d)Effective dates(1)Distributions from savings accountsThe amendments made by subsections (a) and (b) shall apply to amounts paid in taxable years beginning after the date of the enactment of this Act.(2)ReimbursementsThe amendment made by subsection (c) shall apply to expenses incurred in plan years beginning after the date of the enactment of this Act.5.Purchase of
 health insurance from HSA(a)In generalParagraph (2) of section 223(c) of the Internal Revenue Code of 1986, as redesignated by section 3, is amended—(1)by striking subparagraphs (B) and (C), and(2)by redesignating subparagraph (D) as subparagraph (B).(b)Conforming amendmentParagraph (2) of section 223(c) of the Internal Revenue Code of 1986, as amended by the preceding sections of this Act, is further amended by striking and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual and inserting any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, and any child (as defined in section 152(f)(1)) of such individual who has not attained the age of 27 before the end of such individual's taxable year.(c)Effective
 dateThe amendments made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date.6.Special rule for certain medical expenses incurred before establishment of account(a)In generalParagraph (2) of section 223(c) of the Internal Revenue Code of 1986, as amended and redesignated by the preceding sections of this Act, is further amended by adding at the end the following new subparagraph:(C)Certain medical expenses incurred before establishment of account treated as qualifiedAn expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred—(i)during either—(I)the taxable year in which the health savings account was established, or(II)the preceding taxable year, in the case of a health savings account established after the taxable year in which such expense was incurred but before the time prescribed by law for filing the return for such taxable year (not including extensions thereof), and(ii)for medical care which (but for the fact that it was incurred before the establishment of the account) otherwise meets the requirements of the preceding subparagraphs..(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.7.Administrative
			 error correction before due date of return(a)In
 generalParagraph (3) of section 223(e) of the Internal Revenue Code of 1986, as amended and redesignated by the preceding sections of this Act, is amended by adding at the end the following new subparagraph:(D)Exception for
				administrative errors corrected before due date of
 returnSubparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical, or payroll contribution error and if—(i)such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and(ii)such distribution is accompanied by the amount of net income attributable to such contribution.Any net
				income described in clause (ii) shall be included in the gross
			 income of the
				individual for the taxable year in which it is
				received..(b)Effective
 dateThe amendment made by this section shall take effect on the date of the enactment of this Act.8.Allowing HSA rollover to child or parent of account holder(a)In generalParagraph (7)(A) of section 223(e) of the Internal Revenue Code of 1986, as redesignated by the preceding sections of this Act, is amended—(1)by inserting , child, parent, or grandparent after surviving spouse,(2)by inserting , child, parent, or grandparent, as the case may be, after the spouse,(3)by inserting , child, parent, or grandparent after spouse in the heading thereof, and(4)by adding at the end the following: In the case of a child who acquires such beneficiary’s interest and with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins, such health savings account shall be treated as a health savings account of such child..(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.9.Equivalent
			 bankruptcy protections for health savings accounts as retirement funds(a)In
 generalSection 522 of title 11, United States Code, is amended by adding at the end the following new subsection:(r)Treatment of
 health savings accountsFor purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code..(b)Effective
 dateThe amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1769
		IN THE HOUSE OF REPRESENTATIVES

			December 15, 2010
			Mr. Rohrabacher (for
			 himself and Mr. King of Iowa)
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that in order to undermine the Taliban and their terrorist
		  allies, the policy of the United States should support the recognition of
		  Afghanistan’s ethnic diversity, promoting mutual respect between various
		  communities and regions of the country and bringing democracy closer to the
		  people of Afghanistan by supporting constitutional change that recognizes and
		  enables a democratic, decentralized, federal structure to replace the present
		  failed centralized system of government, providing a political structure that
		  reflects the diversity of the country and that builds trust and goodwill among
		  Afghanistan’s many communities.

		Whereas Afghanistan is a diverse country of minorities,
			 including Pashtuns, Tajiks, Uzbeks, Hazaras, Turkmens, Aimaq, Baluch, and
			 Nuristani;
		Whereas decades of civil war and more than a century of
			 repression and discrimination in Afghanistan has resulted in distrust, fear,
			 and extremism;
		Whereas supporting highly centralized political structures
			 in Afghanistan has led to widespread abuse, discrimination, corruption, and
			 lack of local participation and support;
		Whereas the Taliban, aligned with al Qaeda, during their
			 reign of terror in Afghanistan intensified policies of ethnic retribution and
			 discrimination particularly against the peoples of northern Afghanistan;
		Whereas the Taliban and their al Qaeda allies viewed
			 ethnic diversity and political pluralism as the greatest threat to their
			 political domination and extremist beliefs;
		Whereas the Taliban and their al Qaeda allies used highly
			 centralized governmental structures in Kabul to collectively punish
			 Afghanistan's diverse ethnic communities, enforcing policies of ethnic
			 discrimination and retribution;
		Whereas the Taliban and their al Qaeda allies, after
			 having brutally repressed Afghanistan’s diverse cultures and peoples,
			 particularly the non-Pashtun peoples, launched a global terrorist war aimed
			 particularly at the United States, leading to the attacks on September 11,
			 2001;
		Whereas the Taliban and their al Qaeda allies were
			 defeated by an alliance of the northern peoples of Afghanistan, mostly Tajik,
			 Uzbek, and Hazaras fighting for their freedom and supported by a small number
			 of United States Special Forces and directed air attacks by the United States
			 Air Force;
		Whereas the defeat of the Taliban and their al Qaeda
			 allies in northern Afghanistan led to the collapse of the terrorist Taliban
			 regime and the end to Taliban and al Qaeda repression and terrorism;
		Whereas in defeating the Taliban and their
			 al Qaeda allies, thousands of brave fighters from northern Afghanistan were
			 killed but only one United States citizen lost his life in the North,
			 demonstrating that the people of Afghanistan were willing and able to fight the
			 Taliban and al Qaeda when they were fighting for their families, homes, and
			 freedom;
		Whereas the vital role of Afghanistan’s diverse ethnic
			 communities in defeating extremism and establishing a stable Afghanistan free
			 of ethnic prejudice was ignored by the international community, which instead
			 insisted on a highly centralized and personalized form of government, repeating
			 the mistakes of the past;
		Whereas western support for a flawed constitutional
			 process which concentrated power in the hands of the President including the
			 direct appointment without confirmation or consultation of all local, district,
			 and provincial officials, including mayors, governors, and police chiefs,
			 rejecting the basic democratic principle of local communities electing their
			 own leaders;
		Whereas by supporting a highly centralized government in
			 Kabul, the mistakes of the past have been repeated, including during the
			 Communist and nationalist periods, leading to massive corruption, abuse of
			 power, ethnic discrimination, and the disconnection and alienation of the
			 people of Afghanistan from their government; and
		Whereas nine years of efforts to build a national police
			 force and national military to protect Afghanistan have fallen victim to a
			 failed centralized political system and the widespread corruption and cronyism
			 it engenders, resulting in involvement of ever more United States and North
			 Atlantic Treaty Organization (NATO) ground forces and financial resources, from
			 no more than 5,000 troops eight years ago to 150,000 troops today: Now,
			 therefore, be it

		That it is the sense of the House of
			 Representatives that—
			(1)the United States
			 Government should—
				(A)engage in broadening the regional dialogue
			 on Afghanistan to include countries that have been supportive of the United
			 States effort to defeat the Taliban such as India, Russia, Uzbekistan,
			 Tajikistan, and Turkmenistan;
				(B)support and encourage a democratic
			 decentralized federal political system in Afghanistan that shifts more power to
			 regions, provinces, and districts, recognizes Afghanistan’s ethnic regional and
			 cultural diversity and promotes mutual respect, trust, and goodwill between the
			 various ethnic communities and regions of the country;
				(C)support urgent
			 constitutional reform that will enable local, district, and provincial election
			 of mayors, police chiefs, and governors which would bring democracy closer to
			 the people of Afghanistan and encourage trust between Afghanistan’s different
			 ethnic groups;
				(D)support the establishment of trained and
			 properly regulated regional militias as well as a national army to fight the
			 Taliban insurgency, particularly utilizing the natural allies of the United
			 States who helped defeat the Taliban in 2001 in order to enable the reduction
			 of the number of United States troops;
				(E)undermine the extremism of the Taliban and
			 their al Qaeda allies and their insurgency by drawing the people of Afghanistan
			 back into the fight by supporting a government that truly represents them;
			 and
				(F)actively oppose the inclusion of the
			 Taliban in the Government of Afghanistan; and
				(2)the United States should abandon its
			 support for the present failed centralized system of government that has led to
			 enormous corruption, the abuse of power, the growing drug trade, ethnic
			 domination which has enabled extremism, and a growing insurgency to take root
			 again and require enormous, decades more commitment in troops and
			 treasure.


111 SRES 781 IS: Supporting the goals of World AIDS Day.
U.S. Senate
2020-12-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III116th CONGRESS2d SessionS. RES. 781IN THE SENATE OF THE UNITED STATESDecember 1, 2020Mr. Booker (for himself and Mr. Sullivan) submitted the following resolution; which was referred to the Committee on Foreign RelationsRESOLUTIONSupporting the goals of World AIDS Day.Whereas, as of the end of 2019, an estimated 38,000,000 people were living with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), including 1,800,000 children;Whereas, in the United States, more than 770,000 people with HIV/AIDS have died since the beginning of the HIV/AIDS epidemic, including nearly 16,000 deaths among people with diagnosed HIV in 2018, with the disease disproportionately affecting certain populations;Whereas each year nearly 40,000 people become newly diagnosed with HIV in the United States;Whereas communities of color are disproportionately affected by the spread of HIV in the United States;Whereas, in order to address the HIV epidemic in the United States, on August 18, 1990, Congress enacted the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101–381; commonly referred to as the ‘‘Ryan White CARE Act’’) to provide primary medical care and essential support services for people living with HIV who would benefit from these services;Whereas the Ryan White HIV/AIDS Program provides services and support for over half of all people diagnosed with HIV in the United States;Whereas, to further focus attention on the HIV/AIDS epidemic among minority communities in the United States, in 1998, the Minority AIDS Initiative was established to provide funds to State and local institutions and organizations to best serve the health care costs and support the needs of racial and ethnic minorities living with HIV;Whereas the United Nations Sustainable Development Goals established a global target to end AIDS as a public health threat by 2030;Whereas, in order to further address the global HIV/AIDS epidemic, in 2003, Congress and the White House created the President’s Emergency Plan for AIDS Relief (PEPFAR);Whereas the PEPFAR program remains the largest commitment in history by any country to combat a single disease;Whereas, as of 2019, PEPFAR has supported treatment for approximately 15,700,000 people, including by providing antiretroviral drugs to 2,600,000 pregnant women living with HIV to prevent the transmission of HIV from mother to child during birth;Whereas, in fiscal year 2019, PEPFAR directly supported HIV testing and counseling for nearly 79,600,000 people;Whereas the Global Fund to Fight AIDS, Tuberculosis and Malaria, launched in 2002, has helped provide antiretroviral therapy to approximately 20,100,000 people living with HIV/AIDS and to 718,000 pregnant women to prevent the transmission of HIV/AIDS to their children, saving an estimated 38,000,000 lives, as of 2019;Whereas the United States is the largest donor to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and every $1 contributed by the United States leverages an additional $2 from other donors, as required by law;Whereas considerable progress has been made in the fight against HIV/AIDS, including a 23-percent reduction in new HIV infections, over a 40-percent reduction in new HIV infections among children, and over a 30-percent reduction in the number of AIDS-related deaths between 2010 and 2019;Whereas approximately 25,400,000 people had access to antiretroviral therapy in 2019, compared to only 7,800,000 people who had access to such therapy in 2010;Whereas research funded by the National Institutes of Health found that HIV treatment not only saves the lives of people living with HIV, but people living with HIV on effective antiretroviral therapy and who are durably virally suppressed cannot sexually transmit HIV, proving that HIV treatment is prevention;Whereas it is estimated that, without treatment, half of all infants living with HIV will die before their second birthday;Whereas, despite the remarkable progress in combating HIV, significant challenges remain;Whereas there were approximately 1,700,000 new HIV infections in 2019 globally, structural barriers continue to make testing and treatment programs inaccessible to highly vulnerable populations, and an estimated 7,100,000 people living with HIV globally still do not know their HIV status;Whereas the Centers for Disease Control and Prevention reports that more than 37,000 people were diagnosed with HIV in the United States in 2018 and 14 percent of the 1,200,000 in the United States living with HIV are not aware of their HIV status;Whereas men who have sex with men (MSM), particularly young MSM of color, are the population most affected by HIV in the United States;Whereas southern areas of the United States bear the greatest burden of HIV, accounting for 51 percent of new infections in 2018;Whereas people living with HIV are frequently susceptible to comorbidities, such as hepatitis B and C and tuberculosis;Whereas the opioid and heroin epidemics have led to increased numbers of new HIV infections among people who inject drugs;Whereas the crisis has disproportionately affected nonurban areas, where HIV prevalence rates have been low historically and have limited services for HIV prevention and treatment and substance use disorder treatment;Whereas, in 2020, the United States hosted the Conference of the International AIDS Society, reinforcing the important leadership role the United States plays in ending AIDS globally;Whereas the COVID–19 pandemic has placed a significant burden on the public health systems across the United States and the globe;Whereas December 1 of each year is internationally recognized as World AIDS Day’; andWhereas, in 2020, commemorations for World AIDS Day recognize the need for Global Solidarity, Shared Responsibility: Now, therefore, be itThat the Senate—(1)encourages people around the world to work to achieve the goal of zero new HIV infections, zero discrimination, and zero AIDS-related deaths, in order to end the HIV epidemic in the United States and around the world by 2030;(2)commends the efforts and achievements in combating HIV/AIDS through the Ryan White HIV/AIDS Treatment Extension Act of 2009 (Public Law 111–87), the Minority HIV/AIDS Initiative, the Centers for Disease Control and Prevention, the National Institutes of Health, the Substance Abuse and Mental Health Services Administration, the Office of Minority Health, and the Office of the Secretary of Health and Human Services;(3)commends the efforts and achievements in combating HIV/AIDS made by PEPFAR, the Global Fund to Fight AIDS, Tuberculosis and Malaria, and the Joint United Nations Programme on HIV/AIDS;(4)supports continued funding for prevention, care, and treatment services, and research programs for communities impacted by HIV and people living with HIV in the United States and globally;(5)urges, in order to ensure that an AIDS-free generation is achievable, rapid action by all countries toward further expansion and scale-up of antiretroviral treatment programs, including efforts to reduce disparities and improve access for children to life-saving medications;(6)encourages the scaling up of comprehensive prevention services, including biomedical and structural interventions, to ensure inclusive access to programs and appropriate protections for all people at risk of contracting HIV, especially in communities disproportionately impacted;(7)calls for greater focus on the HIV-related vulnerabilities of women and girls, including women and girls at risk for or who have survived violence or faced discrimination as a result of the disease;(8)supports continued leadership by the United States in domestic, bilateral, multilateral, and private sector efforts to fight HIV;(9)encourages input from civil society in the development and implementation of domestic and global HIV policies and programs that guide the response;(10)encourages and supports greater degrees of ownership and shared responsibility by developing countries in order to ensure the sustainability of the domestic responses to HIV/AIDS by those countries; and(11)urges other members of the international community to sustain and scale up their support for and financial contributions to efforts around the world to combat HIV.


115 HR 5859 RH: Education and Energy Act of 2018
U.S. House of Representatives
2018-05-17
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.

		IB
		Union Calendar No. 871
		115th CONGRESS2d Session
		H. R. 5859
		[Report No. 115–1067, Part I]
		IN THE HOUSE OF REPRESENTATIVES

			May 17, 2018
			Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources, 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 concerned

			December 6, 2018
			Reported from the Committee on Natural Resources with an amendment
			Strike out all after the enacting clause and insert the part printed in italic

		December 6, 2018Referral to the Committee on Education and the Workforce extended for a period ending not later than December 28, 2018December 28, 2018Additional sponsors: Mr. Gosar and Mr. PearceDecember 28, 2018Committee on Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printedFor text of introduced bill, see copy of bill as introduced on May 17, 2018

		A BILL
		To amend the Mineral Leasing Act to require that a portion of revenues from new Federal mineral and
			 geothermal leases be paid to States for use to supplement the education of
			 students in kindergarten through grade 12 and public support of
			 institutions of higher education, and for other purposes.

 1.Short titleThis Act may be cited as the Education and Energy Act of 2018. 2.Use of revenues from new Federal mineral and geothermal leases for payments to State for educationSection 35(a) of the Mineral Leasing Act (30 U.S.C. 191) is amended by inserting (1) before the first sentence, and by adding at the end the following new paragraph:

				(2)
 (A)Of amounts otherwise required under paragraph (1) to be deposited into the general fund of the Treasury each fiscal year that are derived from leases for tracts located in a State, the Secretary shall pay to the county from which the mineral or geothermal royalties were generated 33 percent for use to supplement the education of students in kindergarten through grade 12 and to supplement public support of institutions of higher education.
 (B)Of the amounts otherwise required under paragraph (1) to be deposited into the general fund of the Treasury each fiscal year that are not required to be used for payments under subparagraph (A) of this paragraph, the Secretary shall pay to States, in equal amounts, 17 percent for use to supplement the education of students in kindergarten through grade 12 and to supplement public support of institutions of higher education.
 (C)Subparagraphs (A) and (B) shall apply only with respect to amounts that— (i)are received by the United States under leases entered into under this Act or the Geothermal Steam Act of 1970 after the date of enactment of the Education and Energy Act of 2018; and
 (ii)exceed the amount of revenues that the Congressional Budget Office previously estimated would be received under such leases in the fiscal year.
 (D)Subparagraphs (A) and (B) shall not apply with respect to amounts required by paragraph (1) to be paid into, reserved, or appropriated as part of the reclamation fund.
 (E)Any amounts received by a county under subparagraph (A) shall not be considered when calculating payments to that county under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.) or chapter 69 of title 31, United States Code..

		December 28, 2018
		Committee on Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed


		II
		110th CONGRESS
		2d Session
		S. 2915
		IN THE SENATE OF THE UNITED STATES

			April 24, 2008
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To require the Commissioner of Social Security to issue
		  uniform standards for the method for truncation of Social Security account
		  numbers in order to protect such numbers from being used in the perpetration of
		  fraud or identity theft and to provide for a prohibition on the display to the
		  general public on the Internet of Social Security account numbers by State and
		  local governments, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Safeguarding Social Security
			 Numbers Act of 2008.
		2.FindingsCongress makes the following
			 findings:
			(1)The Federal
			 Government requires virtually every individual in the United States to obtain
			 and maintain a Social Security account number in order to pay taxes or to
			 qualify for old-age, survivors, and disability insurance benefits under title
			 II of the Social Security Act.
			(2)Many Government
			 agencies and private entities also use Social Security account numbers as
			 identifiers to track individual records or as information that an individual
			 must present to verify his or her identity. Thus, Social Security account
			 numbers are routinely collected, recorded, and transferred by public and
			 private entities.
			(3)As an unintended
			 consequence of these uses, Social Security account numbers have become 1 of the
			 tools that can be used to facilitate crime, fraud, and invasions of the privacy
			 of the individuals to whom the numbers are assigned.
			(4)According to the
			 Social Security Administration’s Inspector General, 16 percent of the 99,000
			 fraud cases it investigated in the 1-year period ending September 30, 2006,
			 involved the misuse of Social Security account numbers.
			(5)The Social
			 Security account number is also a key piece of information used in the
			 perpetration of identity theft. In calendar year 2006, over 240,000 individuals
			 reported to the Federal Trade Commission that they had been the victims of an
			 identity theft. Identity theft is a serious crime that can cause substantial
			 financial losses and force victims to spend significant time restoring the
			 accuracy of their credit records.
			(6)Social Security
			 account numbers are publicly displayed by some Government entities. In most
			 jurisdictions throughout the United States, State and local law requires that
			 certain documentary records, such as business filings, property records, and
			 birth and marriage certificates, be made available to the general public. Some
			 of these records contain personally identifiable information of individuals,
			 including Social Security account numbers. Increasingly, State and local record
			 keepers are displaying public records on the Internet, where these records are
			 widely accessible at no cost or for a minimal fee. There are known instances of
			 criminals using personally identifiable information from online public records
			 to commit identity theft.
			(7)Private
			 information resellers also routinely record and transfer individuals’ Social
			 Security account numbers and other personally identifiable information. In a
			 2006 study, the Government Accountability Office (GAO) was able to purchase
			 truncated or full Social Security account numbers from 5 of 21 Internet
			 information resellers that were surveyed.
			(8)The GAO has
			 concluded, based on available evidence, that unauthorized access to personal
			 data such as Social Security account numbers is a frequent occurrence. A survey
			 of 17 Federal agencies by the Committee on Oversight and Government Reform of
			 the House of Representatives found that these agencies suffered more than 788
			 data breaches from January 2003 through July 2006.
			(9)In many
			 instances, public and private entities seek to protect Social Security account
			 numbers from abuse by truncating a portion of each number. However, because
			 truncation methods are not uniform, it is possible to obtain a full Social
			 Security account number by reconstructing the number based on partial
			 information obtained from different sources.
			(10)In a report
			 issued in June 2007, the GAO found that truncated Social Security account
			 numbers in Federal documents stored as public records remain vulnerable to
			 misuse, in part because different truncation methods used by the public and
			 private sectors permit the reconstruction of full Social Security account
			 numbers. Federal entities such as the Department of Justice, the Internal
			 Revenue Service, and the Judicial Conference of the United States truncate by
			 displaying the last 4 digits of the Social Security account number. In
			 contrast, the GAO found that information resellers sometimes sell records
			 containing Social Security account numbers that are truncated to display the
			 first 5 digits.
			(11)The first 5
			 digits of an individual’s Social Security account number are assigned based on
			 the location in which the account number was issued and the order in which the
			 account number was issued. The last 4 digits of an individual’s Social Security
			 account number are randomly generated, creating a unique account number for
			 each individual. Many public and private entities ask consumers to supply the
			 last 4 digits of Social Security account numbers as a way to verify consumers’
			 identities, providing an additional reason for identity thieves to seek to
			 acquire these digits.
			(12)The GAO reported
			 in 2006 that it had been unable to identify any industry standards or
			 guidelines for truncating Social Security account numbers. Moreover, the GAO
			 could not identify any consensus among Government officials about which method
			 for truncation better protects Social Security account numbers from
			 abuse.
			(13)The GAO has
			 stated that standardizing the truncation of Social Security account numbers
			 would better protect these numbers from misuse. Since 2005, the GAO has on
			 multiple occasions recommended the establishment of uniform standards for
			 truncation of Social Security account numbers.
			(14)Given the Social
			 Security Administration’s role in assigning Social Security account numbers,
			 the Commissioner of Social Security may be in the best position to determine
			 whether and how truncation should be standardized.
			(15)The truncation
			 of Social Security account numbers, even by Federal Government agencies, is not
			 comprehensively required or regulated. Currently, the Social Security
			 Administration does not have the legal authority to regulate the use of Social
			 Security account numbers by other entities.
			(16)Because the
			 Federal Government created and maintains the system of required Social Security
			 account numbers, and because the Federal Government does not permit individuals
			 to exempt themselves from those requirements, it is appropriate for the Federal
			 Government to take steps to curb the abuse of Social Security account
			 numbers.
			3.DefinitionIn this Act, the term Social Security
			 account number means the account number assigned to an individual by the
			 Commissioner of Social Security in the exercise of the Commissioner's authority
			 under section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) and
			 includes any derivative of such number.
		4.Requirement to
			 issue uniform standards for the method for truncation of Social Security
			 account numbers
			(a)Establishment
			 of uniform standards
				(1)In
			 generalThe Commissioner of
			 Social Security shall issue uniform standards for the method for truncation of
			 Social Security account numbers in order to facilitate the protection of such
			 numbers from being used in the perpetration of fraud or identity theft. Such
			 uniform standards shall not apply with respect to a Social Security account
			 number of a deceased individual.
				(2)Application
					(A)Federal
			 GovernmentOn and after the
			 date that the Commissioner of Social Security determines in regulations
			 established pursuant to subsection (b), the uniform standards issued under
			 paragraph (1) shall apply to the Federal Government—
						(i)whenever the Federal Government displays a
			 Social Security account number; and
						(ii)to the extent practicable, whenever the
			 Federal Government transfers, records, or otherwise utilizes a Social Security
			 account number.
						(B)State and local
			 governments and private entitiesIf a State, local government, or private
			 entity truncates Social Security account numbers, the State, local government,
			 or private entity shall comply with the uniform standards issued under
			 paragraph (1) to the same extent that the Federal Government is required to
			 comply with such standards under subparagraph (A).
					(3)Requirements
					(A)In
			 generalIn establishing the uniform standards required under
			 paragraph (1), the Commissioner of Social Security shall consider the matters
			 described in subparagraph (B) and consult with, at a minimum, the heads of the
			 following Federal agencies:
						(i)The
			 Department of Justice.
						(ii)The Federal
			 Trade Commission.
						(iii)The Department
			 of the Treasury.
						(B)Specific
			 considerationsFor purposes of subparagraph (A), the matters
			 described in this subparagraph are the following:
						(i)The
			 extent to which various methods for truncation of Social Security account
			 numbers will assist in the prevention of fraud and identity theft, taking into
			 account the following:
							(I)The risk that a
			 truncated Social Security account number can be combined with other personally
			 identifiable information to derive or acquire a complete Social Security
			 account number.
							(II)The risk that
			 the numerical digits not masked in the truncation process will reveal
			 personally identifiable information about an individual.
							(III)The risk that a
			 truncated Social Security account number can be used to derive or acquire from
			 other sources a full Social Security account number.
							(ii)The methods in
			 use for the truncation of Social Security account numbers by the Federal
			 Government, State and local governments, and private entities and the extent of
			 use of each method by the Federal Government, State and local governments, and
			 private entities.
						(iii)The reasons why
			 Social Security account numbers are collected and recorded by the Federal
			 Government, State and local governments, and private entities.
						(iv)The effect of
			 each proposed method for truncation on the uses for Social Security account
			 numbers by the Federal Government, State and local governments, and private
			 entities.
						(v)Any
			 comments regarding proposed methods for truncation submitted to the
			 Commissioner from—
							(I)experts on
			 privacy and data security, consumer advocacy groups, and identity theft
			 assistance organizations;
							(II)the Federal
			 Government or State or local governments, including State Attorneys
			 General;
							(III)representatives
			 of private entities that transfer, display, record, or otherwise utilize Social
			 Security account numbers on a regular basis;
							(IV)the Comptroller
			 General of the United States; and
							(V)any other
			 appropriate entities.
							(b)RegulationsNot
			 later than the date that is 24 months after the date of enactment of this Act,
			 the Commissioner of Social Security shall promulgate regulations to carry out
			 this section.
			(c)GAO
			 ReportNot later than 18 months after the effective date of the
			 regulations promulgated by the Commissioner of Social Security under subsection
			 (b) (or, if more than 1 effective date applies to such regulations, the latest
			 such date), the Comptroller General of the United States shall report to
			 Congress on the extent to which the uniform standards required under subsection
			 (a)(1) have resulted in the adoption of such standards by private entities, and
			 whether these standards are likely to provide greater protection against fraud
			 and identity theft than the practices adhered to prior to such date. The report
			 shall include—
				(1)a recommendation
			 regarding—
					(A)whether such
			 standards should be mandatory for State and local governments and private
			 entities, and if so, under what circumstances; and
					(B)whether making
			 such standards mandatory for such entities (with respect to each circumstance
			 identified under subparagraph (A)) would help prevent fraud, identity theft,
			 and unauthorized access to consumers’ personally identifiable information;
			 and
					(2)recommendations
			 for such additional legislation or administrative action as the Comptroller
			 General determines appropriate to further reduce the risks of fraud, identity
			 theft, and unauthorized access resulting from the transfer, sale, display,
			 recording, or other utilization of Social Security account numbers.
				5.Prohibition on
			 the display to the general public on the Internet of Social Security account
			 numbers by State and local governments
			(a)In
			 generalChapter 88 of title 18, United States Code, is amended by
			 inserting at the end the following:

					1802.Prohibition
				on the display to the general public on the Internet of Social Security account
				numbers by State and local governments
						(a)Prohibition
							(1)In
				generalSubject to paragraph
				(2), a State, a political subdivision of a State, or any officer, employee, or
				contractor of a State or a political subdivision of a State, shall not display
				to the general public on the Internet all or any portion of any Social Security
				account number.
							(2)Exception if
				display complies with uniform standardsA State, a political
				subdivision of a State, or any officer, employee, or contractor of a State or a
				political subdivision of a State, may display to the general public on the
				Internet a portion of a Social Security account number if such display complies
				with the uniform standards for the method for truncation of such numbers issued
				by the Commissioner of Social Security under section 4 of the
				Safeguarding Social Security Numbers Act of
				2008.
							(b)Rules of
				construction; deemed compliance
							(1)Rules of
				constructionNothing in this section shall be construed to
				supersede, alter, or affect any statute, regulation, or order of the Federal
				Government, a State, or a political subdivision of a State relating to the
				submission of a Social Security account number to a State or a political
				subdivision of a State.
							(2)Deemed
				complianceA State, a political subdivision of a State, or any
				officer, employee, or contractor of a State or a political subdivision of a
				State, shall be deemed to be in compliance with the requirements of subsection
				(a) if the State or political subdivision—
								(A)permits an
				individual to submit, in addition to original material required to be submitted
				to the State or political subdivision that contains all or any portion of the
				individual's Social Security account number, a duplicate of the material that
				has all of the individual's Social Security account number redacted or
				truncated in accordance with the uniform standards for the method of truncation
				issued under section 4 of the Safeguarding
				Social Security Numbers Act of 2008;
								(B)displays such
				duplicate on the Internet in place of the original material that contains all
				or any portion of the individual's Social Security account number; and
								(C)prior to any
				display of such duplicate on the Internet, obtains the individual’s informed
				written consent to such display.
								(c)PenaltiesA State or a political subdivision of a
				State that has a policy or practice of substantial noncompliance with this
				section shall be subject to a civil penalty imposed by the Attorney General of
				not more than $5,000 a day for each day of substantial noncompliance.
						(d)EnforcementThe Attorney General may bring a civil
				action against a State, a political subdivision of a State, or any officer,
				employee, or contractor of a State or a political subdivision of a State, in
				any appropriate United States district court for appropriate relief with
				respect to a display to the general public on the Internet of all or any
				portion of any Social Security account number in violation of this
				section.
						(e)DefinitionsIn this section:
							(1)Display to the
				general public on the Internet
								(A)In
				generalThe term display to the general public on the
				Internet means, in connection with all or any portion of a Social
				Security account number, to place such number or any portion of such number in
				violation of this section, in a viewable manner on an Internet site that is
				available to the general public, including any Internet site that requires a
				fee for access to information accessible on or through the site.
								(B)Inclusion of
				certain unprotected transmissionsIn any case in which a State, a
				political subdivision of a State, or any officer, employee, or contractor of a
				State or a political subdivision of a State, requires as a condition of doing
				business transmittal of all, or any part of, an individual’s Social Security
				account number by means of the Internet without ensuring that such number is
				encrypted or otherwise secured from disclosure, any such transmittal of such
				number shall be treated as a display to the general public on the
				Internet for purposes of this section.
								(C)NonapplicationSuch
				term does not apply to a Social Security account number of a deceased
				individual.
								(2)Social security
				account numberThe term Social Security account
				number means the account number assigned to an individual by the
				Commissioner of Social Security in the exercise of the Commissioner's authority
				under section 205(c)(2) of the Social Security Act and includes any derivative
				of such
				number.
							.
			(b)Clerical
			 amendmentThe chapter analysis for chapter 88 of title 18, United
			 States Code, is amended by adding at the end the following:

						1802. Prohibition on the display to the general public on the
				Internet of Social Security account numbers by State and local
				governments.

					.
			(c)Effective
			 dateThe amendments made by subsections (a) and (b) shall take
			 effect on the date that is 1 year after the date on which final regulations are
			 issued under section 4(b) and shall apply to violations occurring on or after
			 that date.
			(d)No retroactive
			 applicationNothing in section 1802 of title 18, United States
			 Code, as added by the amendments made by subsections (a) and (b), shall be
			 construed as applying to the placement of all or any portion of a Social
			 Security account number in a viewable manner on an Internet site that is
			 available to the general public, including any Internet site that requires a
			 fee for access to information accessible on or through the site, by a State, a
			 political subdivision of a State, or any officer, employee, or contractor of a
			 State or a political subdivision of a State, that is done prior to the
			 effective date of such amendments.
			(e)Grants to State
			 and local governments To come into compliance with the prohibition on the
			 display to the general public on the Internet of Social Security account
			 numbers
				(1)In
			 generalThe Attorney General shall award grants to States and
			 political subdivisions of States to carry out activities to remove, redact, or
			 truncate, in accordance with the uniform standards for the method of truncation
			 issued under section 4, all Social Security account numbers on forms and
			 records of executive, legislative, and judicial agencies of States and
			 political subdivisions of States that, as of the date of enactment of this Act,
			 have been displayed to the general public on the Internet and would be a
			 violation of section 1802 of title 18, United States Code (as added by the
			 amendments made by subsections (a) and (b)), if that section had been in effect
			 at the time such numbers were first displayed.
				(2)ApplicationA
			 State or political subdivision of a State desiring a grant under this
			 subsection shall submit an application to the Attorney General at such time, in
			 such manner, and containing such information as the Attorney General shall
			 require.
				(3)Authorization
			 of appropriationsThere is authorized to be appropriated to the
			 Attorney General to carry out this subsection, $10,000,000 for each of fiscal
			 years 2009 and 2010.
				(4)Definition of
			 StateIn this subsection, the term State means each
			 of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico,
			 the United States Virgin Islands, Guam, and the Commonwealth of the Northern
			 Mariana Islands.
				6.Preemption of
			 state lawThis Act and the
			 amendments made by this Act shall supersede a provision of State law only if,
			 and only to the extent that, such provision conflicts with a requirement of
			 this Act or an amendment made by this Act.


		II
		112th CONGRESS
		2d Session
		S. 3553
		IN THE SENATE OF THE UNITED STATES

			September 19, 2012
			Mr. Schumer (for
			 himself, Mr. Coons, and
			 Mr. Whitehouse) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the Immigration and Nationality Act to enhance
		  national security, combat illegal immigration, and promote job creation,
		  innovation, investment, and research in the United States, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Benefits to Research and American
			 Innovation through Nationality Statutes Act of 2012 or
			 the BRAINS
			 Act.
		2.Immigrant Visas
			 for certain advanced stem graduates
			(a)Advanced stem
			 graduatesSection 203(b) of the Immigration and Nationality Act
			 (8 U.S.C. 1153(b)) is amended—
				(1)by redesignating
			 paragraph (6) as paragraph (7); and
				(2)by inserting after
			 paragraph (5) the following:

						(6)Advanced
				graduates in science, technology, engineering and mathematics
							(A)In
				generalNotwithstanding section 201, visas shall be made
				available, in a number not to exceed 55,000, to qualified immigrants
				who—
								(i)possess a graduate
				degree at the level of master’s or higher in a field of science, technology,
				engineering, or mathematics from a United States research institution of higher
				education;
								(ii)earned a
				graduate degree by taking no greater than 25 percent of classes by
				correspondence (including courses offered by telecommunications) and by taking
				all classes while physically present in the United States;
								(iii)have an offer of
				employment from a United States employer in a field related to such
				degree;
								(iv)are the subject
				of an approved labor certification as required under section 212(a)(5)(A);
				and
								(v)will receive a
				wage level from the employer that is at least the actual wage level paid by the
				employer to all other individuals with similar experience and qualifications
				for the specific employment in question.
								(B)DefinitionsIn
				this paragraph:
								(i)Field of
				science, technology, engeering, or mathematicsThe 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, mathematics and
				statistics, and physical sciences.
								(ii)United States
				research institution of higher educationThe term United
				States research institution of higher education means an institution in
				the United States that—
									(I)is described in
				section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a));
									(II)is classified by
				the Director of the National Science Foundation as a research institution or as
				otherwise excelling at instruction in a field of science, technology,
				engineering, or mathematics;
									(III)has been in
				existence for at least 10 years;
									(IV)does not provide
				any commission, bonus, or other incentive payment based directly or indirectly
				on success in securing enrollments or financial aid to any persons or entities
				engaged in any recruitment or admission activities for nonimmigrant students or
				in making decisions regarding the award of student financial assistance to
				nonimmigrant students;
									(V)is accredited by
				an accrediting agency recognized by the Secretary of Education; and
									(VI)is not operating
				for
				profit.
									.
				(b)Unused visas;
			 limitation to foreign states
				(1)Unused
			 visasSection 203(b)(1) of such Act (8 U.S.C. 1153(b)(1)) is
			 amended by striking (4) and (5) and inserting (4), (5)
			 and (6).
				(2)Limitation to
			 any single foreign stateSection 202(a)(5)(A) of such Act (8
			 U.S.C. 1152(a)(5)(A)) is amended by striking or (5) and
			 inserting (5), or (6).
				(c)Procedure for
			 granting immigrant statusSection 204(a)(1)(F) of such Act (8
			 U.S.C. 1154(a)(1)(F)) is amended—
				(1)by striking
			 or 203(b)(3) and inserting 203(b)(3), or
			 203(b)(6); and
				(2)by striking
			 Attorney General and inserting Secretary of Homeland
			 Security.
				(d)Labor
			 certification and qualification for certain immigrantsSection
			 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended—
				(1)in subparagraph
			 (A)—
					(A)in clause
			 (ii)—
						(i)in
			 subclause (I), by striking , or at the end and inserting a
			 semicolon;
						(ii)in
			 subclause (II), by striking the period at the end and inserting ;
			 or; and
						(iii)by
			 adding at the end the following:

								(III)holds a
				doctorate degree in a field of science, technology, engineering, or mathematics
				(as defined in section 203(b)(6)(B)(i)) from a United States research
				institution of higher education (as defined in section
				203(b)(6)(B)(ii)).
								;
						(B)by redesignating
			 clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
					(C)by inserting after
			 clause (ii) the following:

							(iii)Job
				order
								(I)In
				generalAn employer who files an application under clause (i)
				shall submit a job order for the labor the alien seeks to perform to the State
				workforce agency in the State in which the alien seeks to perform the labor.
				The State workforce agency shall post the job order on its official agency
				website for a minimum of 30 days and not later than 3 days after receipt using
				the employment statistics system authorized under section 15 of the
				Wagner-Peyser Act (29 U.S.C. 49 et seq.).
								(II)LinksThe
				Secretary of Labor shall include links to the official websites of all State
				workforce agencies on a single webpage of the official website of the
				Department of Labor.
								;
				and
					(2)in subparagraph
			 (D), by striking (2) or (3) and inserting (2), (3), or
			 (6).
				(e)Further
			 protecting American workersSection 212(p) of such Act (8 U.S.C.
			 1182(p)) is amended by adding at the end the following:

					(5)To satisfy the
				requirement under section 203(b)(6)(A)(iv), an employer must demonstrate that
				the total amount of compensation to be paid to the alien (including health
				insurance, stock options, and other benefits provided by the employer) must
				meet or exceed the total amount of compensation paid by the employer to all
				other employees with similar experience and qualifications working in the same
				occupational
				classification.
					.
			(f)GAO
			 studyNot later than June 30, 2017, the Comptroller General of
			 the United States shall provide to the Congress the results of a study on the
			 use by the National Science Foundation of the classification authority provided
			 under section 203(b)(6)(B)(ii)(II) of the Immigration and Nationality Act (8
			 U.S.C. 1153(b)(6)(B)(ii)(II)), as added by this section.
			(g)Public
			 informationThe Secretary of Homeland Security shall make
			 available to the public on the official website of the Department of Homeland
			 Security, and shall update not less than monthly, the following information
			 (which shall be organized according to month and fiscal year) with respect to
			 aliens granted status under section 203(b)(6) of the Immigration and
			 Nationality Act (8 U.S.C. 1153(b)(6)), as added by this section:
				(1)The name, city,
			 and State of each employer who petitioned pursuant to either of such paragraphs
			 on behalf of one or more aliens who were granted status in the month and fiscal
			 year to date.
				(2)The number of
			 aliens granted status under either of such paragraphs in the month and fiscal
			 year to date based upon a petition filed by such employer.
				(3)The occupations
			 for which such alien or aliens were sought by such employer and the job titles
			 listed by such employer on the petition.
				(h)Effective date;
			 sunset
				(1)Effective
			 dateThe amendments made by this section shall take effect on
			 October 1, 2012, and shall apply with respect to fiscal years beginning on or
			 after such date.
				(2)SunsetThe
			 amendments made by subsections (a) through (e) shall be repealed after the
			 2-year period beginning on the date of the enactment of this Act.
				3.Student Visa
			 reform
			(a)In
			 generalSection 101(a)(15)(F)(i) of the Immigration and
			 Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking an
			 alien having a residence in a foreign country which he has no intention of
			 abandoning, who is a bona fide student qualified to pursue a full course of
			 study and who and inserting an alien who is a bona fide student
			 qualified to pursue a full course of study, who (except for a student qualified
			 to pursue a full course of study in a field of science, technology,
			 engineering, or mathematics (as defined in section 203(b)(6)(B)(i)) at an
			 institution of higher education) has a residence in a foreign country which the
			 alien has no intention of abandoning, and who.
			(b)Conforming
			 amendments
				(1)Section 214(b) of
			 the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking
			 (other than a nonimmigrant and inserting (other than a
			 nonimmigrant described in section 101(a)(15)(F) if the alien is qualified to
			 pursue a full course of study in a field of science, technology, engineering,
			 or mathematics (as defined in section 203(b)(6)(B)(i)) at an institution of
			 higher education, other than a nonimmigrant.
				(2)Section 214(h) of
			 the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting
			 (F) (if the alien is qualified to pursue a full course of study in a
			 field of science, technology, engineering, or mathematics (as defined in
			 section 203(b)(6)(B)(i)) at an institution of higher education), before
			 H(i)(b).
				4.Visa
			 revalidationSection 222 of
			 the Immigration and Nationality Act (8 U.S.C. 1202) is amended—
			(1)in subsection
			 (h), in the matter preceding paragraph (1), by inserting except as
			 provided under subsection (i), after Act,; and
			(2)by adding at the
			 end the following:

					(i)Visa
				revalidationThe Secretary of State shall permit an alien granted
				a nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of
				section 101(a)(15) to apply for a renewal of such visa within the United States
				if—
						(1)such visa expired
				during the 12-month period ending on the date of such application;
						(2)the alien is
				seeking a nonimmigrant visa under the same subparagraph under which the alien
				had previously received a visa; and
						(3)the alien has
				complied with the immigration laws of the United
				States.
						.
			5.Age-out
			 protections for childrenSection 101(b)(1) of the Immigration and
			 Nationality Act (8 U.S.C. 1101(b)) is amended by adding at the end the
			 following—

				(H)Rules for
				determining age of a child
					(i)Immigrant
				petitionsNotwithstanding any other provision of the Act, a
				determination of whether an alien is a child for the purposes of a petition
				under sections 204 and 209 shall be made using the age of the alien on the date
				on which the petition is filed with the Secretary of Homeland Security.
					(ii)Child of U.S.
				citizen fiancéA determination of whether an alien is a child for
				the purposes of a petition under section 214 or an application for adjustment
				of status under section 245(d) shall be made using the age of the alien on the
				date on which the petition is filed with the Secretary of Homeland Security to
				classify the alien’s parent as the fiancé of a U.S.
				citizen.
					.
		6.Retention of
			 priority dates
			(a)In
			 generalSection 203(h)(3) of the Immigration and Nationality Act
			 (8 U.S.C. 1153(h)(3)) is amended to read follows:

					(3)Retention of
				priority dateIf the age of an alien is determined under
				paragraph (1) to be 21 years of age or older for the purposes of subsections
				(a)(2)(A) and (d), and a parent of the alien files a petition under section 204
				for classification of such alien based upon a relationship described in
				subsection (a), the priority date for such petition shall be the original
				priority date issued upon receipt of the original family-based or
				employment-based petition for which either parent was a
				beneficiary.
					.
			(b)Permanent
			 priority datesSection 203 of the Immigration and Nationality Act
			 (8 U.S.C. 1153) is amended by adding at the end the following:

					(i)Permanent
				priority dates
						(1)In
				generalSubject to subsection (h)(3) and paragraph (2), the
				priority date for any petition shall be the date of filing of the petition with
				the Secretary of Homeland Security (or the Secretary of State, if applicable),
				unless the filing of the petition was preceded by the filing of a labor
				certification with the Secretary of Labor, in which case that date shall
				constitute the priority date.
						(2)Subsequent
				petitionsSubject to subsection (h)(3), an alien who is the
				beneficiary of any petition that was approvable when filed (including
				self-petitioners) shall retain the priority date assigned with respect to that
				petition in the consideration of any subsequently filed petition (including
				self-petitions) of which the alien is a
				beneficiary.
						.
			(c)Effective
			 dateThe amendments made by subsections (a) and (b) shall take
			 effect on the date of the enactment of this Act and shall apply to any alien
			 who is a beneficiary of a classification petition pending on or after such
			 date.
			7.Nuclear family
			 reunifications for high-skilled workersNotwithstanding any other numerical
			 limitation in law, the number of immigrant visas available to the spouse of an
			 alien lawfully admitted for permanent residence pursuant to section 203(a)(2)
			 of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) shall be increased
			 in each fiscal year by the number of aliens who were lawfully admitted for
			 permanent residence that were removed from the United States in the preceding
			 fiscal year.