115 HR 6215 IH: District of Columbia Zoning Commission Home Rule Act
U.S. House of Representatives
2018-06-25
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.

I115th CONGRESS2d SessionH. R. 6215IN THE HOUSE OF REPRESENTATIVESJune 25, 2018Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo revise the composition of the Zoning Commission for the District of Columbia so that the
			 Commission will consist solely of members appointed by the government of
			 the District of Columbia.

 1.Short titleThis Act may be cited as the District of Columbia Zoning Commission Home Rule Act. 2.Revision of composition of Zoning Commission for the District of Columbia (a)RevisionThe first section of the Act of March 1, 1920 (sec. 6–621.01, D.C. Official Code), is amended—
 (1)in the first sentence of subsection (a), by striking the Architect of the Capitol, the Director of the National Park Service, and; and (2)by striking appointed by the Mayor each place it appears in the second sentence of subsection (a), subsection (b), and subsection (c).
 (b)Conforming amendmentSection 206(i) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4306(i)) is amended to read as follows:

 (i)Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with respect to the location, expansion, or replacement of a chancery—
 (1)the Secretary of Defense, the Secretary of the Interior, the Administrator of General Services, or the Director of the National Park Service (or such alternate as such official may from time to time designate), as designated by the President, shall serve as a member of the Board in lieu of the representative from the Zoning Commission; and
 (2)the representative from the National Capital Planning Commission shall be the Executive Director of that Commission..


		III
		110th CONGRESS
		1st Session
		S. RES. 416
		IN THE SENATE OF THE UNITED STATES

			December 19
			 (legislative day, December 18), 2007
			Mr. Nelson of Nebraska
			 (for himself, Mr. Bingaman,
			 Mr. Brownback, Ms. Collins, Mr.
			 Crapo, Mr. Domenici,
			 Mr. Dorgan, Mr.
			 Enzi, Mr. Graham,
			 Mrs. Lincoln, Mr. Salazar, Mr.
			 Tester, Mr. Roberts, and
			 Mr. Allard) submitted the following
			 concurrent resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the 60th anniversary of the
		  United States Air Force as an independent military service.

		Whereas President Harry S Truman signed the National
			 Security Act of 1947 on July 26, 1947, to realign and reorganize the Armed
			 Forces and to create a separate Department of the Air Force from the existing
			 military services;
		Whereas the National Security Act of 1947 was enacted on
			 September 18, 1947;
		Whereas the Aeronautical Division of the United States
			 Army Signal Corps, consisting of one officer and two enlisted men, began
			 operation under the command of Captain Charles DeForest Chandler on August 1,
			 1907, with the responsibility for “all matters pertaining to military
			 ballooning, air machines, and all kindred subjects”;
		Whereas in 1908, the Department of War contracted with the
			 Wright brothers to build one heavier-than-air flying machine for the United
			 States Army, and accepted the Wright Military Flyer, the world’s first military
			 airplane, in 1909;
		Whereas United States pilots, flying with both allied air
			 forces and with the Army Air Service, performed admirably in the course of
			 World War I, participating in pursuit, observation, and day and night bombing
			 missions;
		Whereas pioneering aviators of the United States,
			 including Mason M. Patrick, William “Billy” Mitchell, Benjamin D. Foulois,
			 Frank M. Andrews, Henry “Hap” Arnold, James Jimmy H. Doolittle,
			 and Edward “Eddie” Rickenbacker, were among the first to recognize the military
			 potential of air power and courageously forged the foundations for the creation
			 of an independent arm for air forces in the United States in the decades
			 following World War I;
		Whereas on June 20, 1941, the Department of War created
			 the Army Air Forces (AAF) as its aviation element and shortly thereafter the
			 Department of War made the AAF co-equal to the Army Ground Forces;
		Whereas General Henry H. “Hap” Arnold drew upon the
			 industrial prowess and human resources of the United States to transform the
			 Army Air Corps from a force of 22,400 men and 2,402 aircraft in 1939 to a peak
			 wartime strength of 2.4 million personnel and 79,908 aircraft;
		Whereas the standard for courage, flexibility, and
			 intrepidity in combat was established for all Airmen during the first aerial
			 raid in the Pacific Theater on April 18, 1942, when Lieutenant Colonel James
			 “Jimmy” H. Doolittle led 16 North American B–25 Mitchell bombers in a joint
			 operation from the deck of the naval carrier USS Hornet to strike the Japanese
			 mainland in response to the Japanese attack on Pearl Harbor;
		Whereas President Harry S Truman supported organizing air
			 power as an equal arm of the military forces of the United States, writing on
			 December 19, 1945, that air power had developed so that the responsibilities
			 and contributions to military strategic planning of air power equaled those of
			 land and sea power;
		Whereas on September 18, 1947, W. Stuart Symington became
			 the first Secretary of the newly formed and independent United States Air Force
			 (USAF), and on September 26, 1947, General Carl A. Spaatz became the first
			 Chief of Staff of the USAF;
		Whereas the Air National Guard was also created by the
			 National Security Act of 1947 and has played a vital role in guarding the
			 United States and defending freedom in nearly every major conflict and
			 contingency since its inception;
		Whereas on October 14, 1947, the USAF demonstrated its
			 historic and ongoing commitment to technological innovation when Captain
			 Charles “Chuck” Yeager piloted the X–1 developmental rocket plane to a speed of
			 Mach 1.07, becoming the first flyer to break the sound barrier in a powered
			 aircraft in level flight;
		Whereas the USAF Reserve, created April 14, 1948, is
			 comprised of Citizen Airmen who serve as unrivaled wingmen of the active duty
			 USAF in every deployment, mission, and battlefield around the globe;
		Whereas the USAF operated the Berlin Airlift in 1948 and
			 1949 to provide humanitarian relief to post-war Germany and has established a
			 tradition of humanitarian assistance in responding to natural disasters and
			 needs across the world;
		Whereas the USAF announced a policy of racial integration
			 in the ranks of the USAF on April 26, 1948, 3 months prior to a Presidential
			 mandate to integrate all military services;
		Whereas in the early years of the Cold War, the USAF’s
			 arsenal of bombers, such as the long-range Convair B–58 Hustler and B–36
			 Peacemaker, and the Boeing B–47 Stratojet and B–52 Stratofortress, under the
			 command of General Curtis LeMay served as the United States’ preeminent
			 deterrent against Soviet Union forces and were later augmented by the
			 development and deployment of medium range and intercontinental ballistic
			 missiles, such as the Titan and Minuteman developed by General Bernard A.
			 Schriever;
		Whereas the USAF, employing the first large-scale combat
			 use of jet aircraft, helped to establish air superiority over the Korean
			 peninsula, protected ground forces of the United Nations with close air
			 support, and interdicted enemy reinforcements and supplies during the conflict
			 in Korea;
		Whereas after the development of launch vehicles and
			 orbital satellites, the mission of the USAF expanded into space and today
			 provides exceptional real-time global communications, environmental monitoring,
			 navigation, precision timing, missile warning, nuclear deterrence, and space
			 surveillance;
		Whereas USAF Airmen have contributed to the manned space
			 program of the United States since the program’s inception and throughout the
			 program’s development at the National Aeronautics and Space Administration by
			 dedicating themselves wholly to space exploration despite the risks of
			 exploration;
		Whereas the USAF engaged in a limited campaign of air
			 power to assist the South Vietnamese government in countering the communist
			 Viet Cong guerillas during the Vietnam War and fought to disrupt supply lines,
			 halt enemy ground offensives, and protect United States and Allied
			 forces;
		Whereas Airmen were imprisoned and tortured during the
			 Vietnam War and, in the valiant tradition of Airmen held captive in previous
			 conflicts, continued serving the United States with honor and dignity under the
			 most inhumane circumstances;
		Whereas, in recent decades, the USAF and coalition
			 partners of the United States have supported successful actions in Panama,
			 Bosnia-Herzegovina, Kosovo, Iraq, Afghanistan, and many other locations around
			 the globe;
		Whereas Pacific Air Forces, along with Asia-Pacific
			 partners of the United States, ensure peace and advance freedom from the west
			 coast of the United States to the east coast of Africa and from the Arctic to
			 the Antarctic, covering more than 100 million square miles and the homes of 2
			 billion people in 44 countries;
		Whereas the United States Air Forces in Europe, along with
			 European partners of the United States, have shaped the history of Europe from
			 World War II, the Cold War, Operation Deliberate Force, and Operation Allied
			 Force to today’s operations, and secured stability and ensured freedom’s future
			 in the Europe, Africa, and Southwest Asia;
		Whereas, for 17 consecutive years beginning with 1990,
			 Airmen have been engaged in full-time combat operations ranging from Desert
			 Shield to Iraqi Freedom, and have shown themselves to be an expeditionary air
			 and space force of outstanding capability ready to fight and win wars of the
			 United States when and where Airmen are called upon to do so;
		Whereas the USAF is steadfast in its commitment to field a
			 world-class, expeditionary air force by recruiting, training, and educating its
			 Total Force of active duty, Air National Guard, Air Force Reserve, and civilian
			 personnel;
		Whereas the USAF is a steward of resources, developing and
			 applying technology, managing acquisition programs, and maintaining test,
			 evaluation, and sustainment criteria for all USAF weapon systems throughout
			 such weapon systems’ life cycles;
		Whereas, when terrorists attacked the United States on
			 September 11, 2001, USAF fighter and air refueling aircraft took to the skies
			 to fly combat air patrols over major United States cities and protect families,
			 friends, and neighbors of people of the United States from further
			 attack;
		Whereas, on December 7, 2005, the USAF modified its
			 mission statement to include flying and fighting in cyberspace and prioritized
			 the development, maintenance, and sustainment of war fighting capabilities to
			 deliver unrestricted access to cyberspace and defend the United States and its
			 global interests;
		Whereas Airmen around the world are committed to fighting
			 and winning the Global War on Terror and have flown more than 430,000 sorties
			 to precisely target and engage insurgents who attempt to violently disrupt
			 rebuilding in Iraq and Afghanistan;
		Whereas talented and dedicated Airmen will meet the future
			 challenges of an ever-changing world with strength and resolve;
		Whereas the USAF, together with its joint partners, will
			 continue to be the United States’ leading edge in the ongoing fight to ensure
			 the safety and security of the United States; and
		Whereas during the past 60 years, the USAF has repeatedly
			 proved its value to the Nation, fulfilling its critical role in national
			 defense, and protecting peace, liberty, and freedom throughout the world: Now,
			 therefore, be it

		That the Senate remembers, honors, and
			 commends the achievements of the United States Air Force in serving and
			 defending the United States on the 60th anniversary of the creation of the
			 United States Air Force as an independent military service.


116 HR 32 IH: Buy a Brick, Build the Wall Act of 2019
U.S. House of Representatives
2019-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 32IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Davidson of Ohio (for himself, Mr. Meadows, Mr. Duncan, Mr. Hice of Georgia, Mr. Gosar, Mr. Jordan, Mr. Norman, Mr. Mooney of West Virginia, Mr. Brooks of Alabama, Mr. Yoho, Mr. Cloud, Mrs. Lesko, Mr. Biggs, Mr. Perry, Mr. Gohmert, Mr. Massie, Mr. Budd, and Mr. Buck) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo allow the Secretary of the Treasury to accept public donations to fund the construction of a
			 barrier on the border between the United States and Mexico and for other
			 purposes.

 1.Short titleThis Act may be cited as the Buy a Brick, Build the Wall Act of 2019. 2.Border wall trust fund (a)Border wall trust fundAt the end of subchapter III of chapter 33 of title 31, United States Code, insert the following:

					3344.Border wall trust fund.
 (a)Authority To receive giftsNotwithstanding section 3113, the Secretary of the Treasury may accept for the Government a gift of money on the condition that it be used to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico.
 (b)Trust fundNot later than 60 days after the date of enactment of this section, the Secretary of the Treasury shall—
 (1)establish an account, to be known as the Border Wall Trust Fund, into which money received as gifts under this section shall be deposited; and (2)create a publicly accessible website to receive such gifts.
							.
 (b)Clerical amendmentThe table of contents for chapter 33 of title 31, United States Code, is amended by inserting at the end the following:

						3344. Border wall trust fund..


 HR 1492 ENR: Yucca House National Monument Expansion Act
U.S. House of Representatives

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
One Hundred Sixteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
H. R. 1492

AN ACT
To update the map of, and modify the maximum acreage available for inclusion in, the Yucca House National Monument.

1.Short titleThis Act may be cited as the Yucca House National Monument Expansion Act.  2.DefinitionsIn this Act:
(1)National monumentThe term National Monument means the Yucca House National Monument in Cortez, Colorado, established by Presidential Proclamation 1549.  (2)MapThe term map means the map entitled Yucca House National Monument Proposed Boundary Addition, numbered 318/105,085A, and dated February 27, 2019.
(3)SecretaryThe term Secretary means the Secretary of the Interior.  3.Yucca House National Monument land acquisition (a)AcquisitionThe Secretary may acquire by donation the approximately 160 acres of land and any interests in the land that is identified on the map.
(b)BoundaryOn the acquisition of the land authorized under subsection (a), the Secretary shall adjust the boundaries of the National Monument to include the acquired land.  (c)AdministrationThe land and any interests in land acquired under subsection (a) shall be administered as part of the National Monument.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 6938 IH: Reuniting Families

U.S. House of Representatives
2008-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6938
		IN THE HOUSE OF REPRESENTATIVES

			September 18, 2008
			Mr. Honda (for
			 himself, Mr. Grijalva,
			 Mr. Abercrombie, and
			 Mrs. Napolitano) introduced the
			 following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend the Immigration and Nationality Act to promote
		  family unity, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Reuniting Families
			 Act.
		2.Recapture of
			 immigrant visas lost to bureaucratic delay
			(a)Worldwide level
			 of employment-based immigrantsSubsection (d) of section 201 of
			 the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as
			 follows:

					(d)Worldwide level
				of employment-based immigrants
						(1)In
				generalThe worldwide level of employment-based immigrants under
				this subsection for a fiscal year is equal to the sum of—
							(A)140,000;
				plus
							(B)the number
				computed under paragraph (2); plus
							(C)the number
				computed under paragraph (3).
							(2)Unused visa
				numbers from previous fiscal yearThe number computed under this
				paragraph for a fiscal year is the difference, if any, between—
							(A)the worldwide
				level of employment-based immigrant visas established for the previous fiscal
				year; and
							(B)the number of
				visas actually issued under section 203(b), subject to this subsection, during
				the previous fiscal year.
							(3)Unused visa
				numbers from fiscal years 1992 through 2007The number computed under this paragraph is
				the difference, if any, between—
							(A)the difference, if any, between—
								(i)the sum of the
				worldwide levels of employment-based immigrant visas established for each of
				fiscal years 1992 through 2007; and
								(ii)the number of
				visas actually issued under section 203(b), subject to this subsection, during
				such fiscal years; and
								(B)the number of
				unused visas from fiscal years 1992 through 2007 that were issued after fiscal
				year 2007 under section 203(b), subject to this
				subsection.
							.
			(b)Worldwide level
			 of family-sponsored immigrantsSubsection (c) of section 201 of
			 the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as
			 follows:

					(c)Worldwide level
				of family-sponsored immigrants
						(1)In
				generalSubject to
				subparagraph (B), the worldwide level of family-sponsored immigrants under this
				subsection for a fiscal year is equal to—
							(A)480,000;
				plus
							(B)the sum of—
								(i)the
				number computed under paragraph (2); plus
								(ii)the number
				computed under paragraph (3).
								(2)Unused visa
				numbers from previous fiscal yearThe number computed under this
				paragraph for a fiscal year is the difference, if any, between—
							(A)the worldwide level of family-sponsored
				immigrant visas established for the previous fiscal year; and
							(B)the number of visas
				actually issued under section 203(a), subject to this subsection, during the
				previous fiscal year.
							(3)Unused visa
				numbers from fiscal years 1992 through 2007The number computed under this paragraph is
				the difference, if any, between—
							(A)the difference, if any, between—
								(i)the sum of the worldwide levels of
				family-sponsored immigrant visas established for fiscal years 1992 through
				2007; and
								(ii)the number of
				visas actually issued under section 203(a), subject to this subsection, during
				such fiscal years; and
								(B)the number of unused visas from fiscal
				years 1992 through 2007 that were issued after fiscal year 2007 under section
				203(a), subject to this
				subsection.
							.
			(c)Effective
			 dateThe amendments made by
			 this section shall take effect 60 days after the date of the enactment of this
			 Act.
			3.Reclassification
			 of spouses and minor children of legal permanent residents as immediate
			 relatives
			(a)In
			 generalParagraph (2) of section 201(b) of the Immigration and
			 Nationality Act (8 U.S.C. 1151(b)) is amended to read as follows:

					(2)Immediate
				relative
						(A)In
				general
							(i)Immediate
				relative definedIn this subparagraph, the term immediate
				relative means a child, spouse, or parent of a citizen of the United
				States or a child or spouse of a lawful permanent resident (and for each family
				member of a citizen or lawful permanent resident specified under this
				subparagraph, such individual's spouse or child who is accompanying or
				following to join the individual), except that, in the case of parents, such
				citizens shall be at least 21 years of age.
							(ii)Previously
				issued visaAliens admitted under section 211(a) on the basis of
				a prior issuance of a visa under section 203(a) to their accompanying parent
				who is an immediate relative.
							(iii)SpouseAn
				alien who was the spouse of a citizen of the United States or lawful permanent
				resident for not less than 2 years at the time of the citizen’s or resident’s
				death or, if married for less than 2 years at the time of the citizen’s or
				resident’s death, proves by a preponderance of the evidence that the marriage
				was entered into in good faith and not solely for the purpose of obtaining an
				immigration benefit and was not legally separated from the citizen or resident
				at the time of the citizen’s or resident’s death, and each child of such alien,
				shall be considered, for purposes of this subsection, an immediate relative
				after the date of the citizen’s or resident’s death if the spouse files a
				petition under section 204(a)(1)(A)(ii) before the earlier of—
								(I)2 years after such
				date; or
								(II)the date on which
				the spouse remarries.
								(iv)Parents and
				childrenAn alien who was the child or parent of a citizen of the
				United States or a child of a lawful permanent resident at the time of the
				citizen’s or resident’s death if the alien files a petition under
				204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years
				of age.
							(v)Special
				ruleFor purposes of this subparagraph, an alien who has filed a
				petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an
				immediate relative if the United States citizen or lawful permanent resident
				spouse or parent loses United States citizenship or residence on account of the
				abuse.
							(B)Birth during
				temporary visit abroadAliens born to an alien lawfully admitted
				for permanent residence during a temporary visit
				abroad.
						.
			(b)Allocation of
			 immigrant visasSubsection (a) of section 203 of the Immigration
			 and Nationality Act (8 U.S.C. 1153) is amended—
				(1)in paragraph (1),
			 by striking 23,400 and inserting 38,000;
				(2)by striking
			 paragraph (2) and inserting the following:

						(2)Unmarried sons
				and unmarried daughters of permanent resident aliensQualified
				immigrants who are the unmarried sons or unmarried daughters (but are not the
				children) of an alien lawfully admitted for permanent residence shall be
				allocated visas in a number not to exceed 60,000, plus any visas not required
				for the class specified in paragraph
				(1).
						;
				(3)in paragraph (3),
			 by striking 23,400 and inserting 38,000;
			 and
				(4)in paragraph (4),
			 by striking 65,000 and inserting 90,000.
				(c)Technical and
			 conforming amendments
				(1)Rules for
			 determining whether certain aliens are immediate
			 relativesSubsection (f) of section 201 of the Immigration and
			 Nationality Act (8 U.S.C. 1151) is amended—
					(A)in paragraph (1),
			 by striking paragraphs (2) and (3), and inserting
			 paragraph (2),;
					(B)by striking
			 paragraph (2);
					(C)by redesignating
			 paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
					(D)in paragraph (3),
			 as redesignated by subparagraph (C), by striking through (3) and
			 inserting and (2).
					(2)Numerical
			 limitation to any single foreign stateSection 202 of the
			 Immigration and Nationality Act (8 U.S.C. 1152) is amended—
					(A)in paragraph (4)
			 of subsection (a)—
						(i)by
			 striking subparagraphs (A) and (B);
						(ii)by
			 redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B),
			 respectively; and
						(iii)in
			 subparagraph (A), as redesignated by clause (ii), by striking section
			 203(a)(2)(B) and inserting section 203(a)(2); and
						(B)in subsection (e),
			 in the flush matter following paragraph (3), by striking , or as
			 limiting the number of visas that may be issued under section 203(a)(2)(A)
			 pursuant to subsection (a)(4)(A).
					(3)Allocation of
			 immigration visasSubsection (h) of section 203 of the
			 Immigration and Nationality Act (8 U.S.C. 1153) is amended—
					(A)in paragraph
			 (1)—
						(i)in
			 the matter preceding subparagraph (A), by striking subsections (a)(2)(A)
			 and (d) and inserting subsection (d);
						(ii)in
			 subparagraph (A), by striking becomes available for such alien (or, in
			 the case of subsection (d), the date on which an immigrant visa number became
			 available for the alien's parent), and inserting became
			 available for the alien's parent,; and
						(iii)in
			 subparagraph (B), by striking applicable;
						(B)in paragraph (2),
			 by striking The petition and all that follows through the end
			 and inserting The petition described in this paragraph is a petition
			 filed under section 204 for classification of the alien's parent under
			 subsection (a), (b), or (c).; and
					(C)in paragraph (3),
			 by striking subsections (a)(2)(A) and (d) and inserting
			 subsection (d).
					(4)Procedure for
			 granting immigrant statusSection 204 of the Immigration and
			 Nationality Act (8 U.S.C. 1154) is amended—
					(A)in subsection
			 (a)(1)—
						(i)in
			 subparagraph (A)—
							(I)in clause (i), by
			 inserting or lawful permanent resident after United
			 States;
							(II)in clause (ii),
			 by striking described in the second sentence of section 201(b)(2)(A)(i)
			 also and inserting or an alien child or alien parent described
			 in section 201(b)(2)(A);
							(III)in clause
			 (iii)—
								(aa)in
			 item (aa) of subclause (I), by inserting or legal permanent
			 resident after citizen; and
								(bb)in
			 subclause (II)—
									(AA)in
			 item (aa)(AA) and item (aa)(BB), by inserting or legal permanent
			 resident; after States each place that term
			 appears;
									(BB)in
			 item (aa)(CC), by inserting or legal permanent resident after
			 citizen;
									(CC)in
			 item (aa)(CC)(bbb), by inserting or legal permanent resident
			 after citizenship; and
									(DD)in
			 item (aa)(CC)(ccc), by inserting or legal permanent resident
			 after citizen;
									(IV)in clause
			 (iv)—
								(aa)by
			 striking States, and inserting States or legal permanent
			 resident,;
								(bb)by
			 inserting or legal permanent resident after United States
			 citizen;
								(cc)by
			 inserting or resident after the citizen;
			 and
								(dd)by
			 inserting or resident after the alien's
			 citizen;
								(V)in
			 subclause (I) of clause (v), by inserting or legal permanent
			 resident after citizen; and
							(VI)in clause
			 (vi)—
								(aa)by
			 inserting or legal permanent resident status after
			 renunciation of citizenship; and
								(bb)by
			 inserting or legal permanent resident after abuser's
			 citizenship;
								(ii)by
			 striking subparagraph (B);
						(iii)in
			 subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii),
			 or (B)(iii) and inserting clause (iii) or (iv) of subparagraph
			 (A); and
						(iv)in
			 subparagraph (J), by striking or clause (ii) or (iii) of subparagraph
			 (B);
						(B)by striking
			 paragraph (2) of subsection (a);
					(C)in paragraph (1) of
			 subsection (c), by striking or preference status; and
					(D)in subsection (h),
			 by striking or a petition filed under subsection
			 (a)(1)(B)(ii).
					4.Country
			 limitsParagraph (2) of
			 section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is
			 amended by striking 7 percent (in the case of a single foreign state) or
			 2 percent and inserting 10 percent (in the case of a single
			 foreign state) or 5 percent.
		5.Family
			 unity
			(a)Exception to
			 prohibition on unlawful presence for minorsClause (iii) of
			 section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
			 1182(a)(9)(B)) is amended—
				(1)in subclause (I),
			 by striking 18 and inserting 21;
				(2)by indenting
			 subclause (V) 8 ems from the left margin; and
				(3)by adding at the
			 end the following:

						(VI)Clause (i) shall
				not apply to an alien for whom an immigrant visa is available or was available
				on or prior to the date of enactment of the Reuniting Families Act, and is otherwise
				admissible to the United States for permanent
				residence.
						.
				(b)Waiver of
			 prohibition on unlawful presence for children of citizens and
			 residentsClause (v) of section 212(a)(9)(B) of the Immigration
			 and Nationality Act (8 U.S.C. 1182(a)(9)(B)) is amended—
				(1)by striking
			 spouse or son or daughter and inserting spouse, son,
			 daughter, or parent;
				(2)by
			 striking extreme;
				(3)by inserting
			 , son, daughter, or after lawfully resident
			 spouse; and
				(4)by striking
			 alien. and inserting alien or, if the Attorney General
			 determines that a waiver is necessary for humanitarian purposes, to ensure
			 family unity or is otherwise in the public interest..
				(c)Exceptions to
			 prohibition on unlawful presence after previous immigration
			 violationClause (ii) of section 212(a)(9)(C) of the Immigration
			 and Nationality Act (8 U.S.C. 212(a)(9)(C)) is amended to read as
			 follows:

					(ii)ExceptionsClause
				(i) shall not apply to an alien—
						(I)seeking admission
				more than 10 years after the date of the alien's last departure from the United
				States if, prior to the alien's reembarkation at a place outside the United
				States or attempt to be readmitted from a foreign contiguous territory, the
				Secretary of Homeland Security has consented to the alien's reapplying for
				admission; or
						(II)for whom an
				immigrant visa is available or was available on or prior to the date of
				enactment of the Reuniting Families
				Act, and is otherwise admissible to the United States for
				permanent
				residence.
						.
			6.Relief for
			 orphans and spouses
			(a)In
			 general
				(1)Special rule for
			 orphans and spousesIn applying clauses (iii) and (iv) of section
			 201(b)(2)(A) of the Immigration and Nationality
			 Act, as added by section 3(a), to an alien whose citizen or lawful
			 permanent resident relative died before the date of the enactment of this Act,
			 the alien relative may (notwithstanding the deadlines specified in either such
			 clause) file the classification petition under clause (ii) of section
			 204(a)(1)(A) of such Act, as amended by section 3(c)(4)(A)(i)(II), not later
			 than 2 years after the date of the enactment of this Act.
				(2)Eligibility for
			 paroleIf an alien was excluded, deported, removed, or departed
			 voluntarily before the date of the enactment of this Act based solely upon the
			 alien’s lack of classification as an immediate relative (as defined in clause
			 (ii) of section 201(b)(2)(A) of the Immigration
			 and Nationality Act, as amended by section 3(a)) due to the death of
			 such citizen or resident—
					(A)such alien shall be
			 eligible for parole into the United States pursuant to the Attorney General’s
			 discretionary authority under section 212(d)(5) of such Act (8 U.S.C.
			 1182(d)(5)); and
					(B)such alien’s
			 application for adjustment of status shall be considered notwithstanding
			 section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
					(b)Adjustment of
			 statusSection 245 of the Immigration and Nationality Act (8
			 U.S.C. 1255) is amended by adding at the end the following:

					(n)Application for
				adjustment of status by surviving spouses, parents, and children
						(1)In
				generalAny alien described in paragraph (2) who applies for
				adjustment of status before the death of the qualifying relative, may have such
				application adjudicated as if such death had not occurred.
						(2)Alien
				describedAn alien described in this paragraph is an alien
				who—
							(A)is an immediate
				relative (as described in section 201(b)(2)(A));
							(B)is a
				family-sponsored immigrant (as described in subsection (a) or (d) of section
				203); or
							(C)is a derivative
				beneficiary of an employment-based immigrant under section 203(b) (as described
				in section
				203(d)).
							.
			(c)Transition
			 period
				(1)In
			 generalNotwithstanding a denial of an application for adjustment
			 of status for an alien whose qualifying relative died before the date of the
			 enactment of this Act, such application may be renewed by the alien through a
			 motion to reopen, without fee, if such motion is filed not later than 2 years
			 after such date of enactment.
				(2)Eligibility for
			 paroleIf an alien described in section 245(n)(2), as amended by
			 subsection (b), was excluded, deported, removed or departed voluntarily before
			 the date of the enactment of this Act—
					(A)such alien shall
			 be eligible for parole into the United States pursuant to the Attorney
			 General’s discretionary authority under section 212(d)(5) of the
			 Immigration and Nationality Act (8 U.S.C.
			 1182(d)(5)); and
					(B)such alien’s
			 application for adjustment of status shall be considered notwithstanding
			 section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
					(d)Processing of
			 immigrant visas and derivative petitions
				(1)In
			 generalSubsection (b) of section 204 of the Immigration and
			 Nationality Act (8 U.S.C. 1154) is amended—
					(A)by striking
			 After an investigation and inserting the following:

							(1)In
				generalAfter an
				investigation
							;
				and
					(B)by adding at the
			 end the following:

							(2)Death of
				qualifying relative
								(A)In
				generalAny alien described in paragraph (2) whose qualifying
				relative died before the completion of immigrant visa processing may have an
				immigrant visa application adjudicated as if such death had not occurred. An
				immigrant visa issued before the death of the qualifying relative shall remain
				valid after such death.
								(B)Alien
				describedAn alien described in this paragraph is an alien
				who—
									(i)is
				an immediate relative, as described in section 201(b)(2)(A);
									(ii)is
				a family-sponsored immigrant, as described in subsection (a) or (d) of section
				203;
									(iii)is a derivative
				beneficiary of an employment-based immigrant under section 203(b), as described
				in section 203(d); or
									(iv)is
				the spouse or child of a refugee, as described in section 207(c)(2) or an
				asylee, as described in section
				208(b)(3).
									.
					(2)Transition
			 period
					(A)In
			 generalNotwithstanding a denial or revocation of an application
			 for an immigrant visa for an alien whose qualifying relative died before the
			 date of the enactment of this Act, such application may be renewed by the alien
			 through a motion to reopen, without fee, if such motion is filed not later than
			 2 years after such date of enactment.
					(B)Inapplicability
			 of bars to entryIn the case of an alien who was excluded,
			 deported, removed, or departed voluntarily before the date of the enactment of
			 this Act, such alien's application for an immigrant visa shall be considered
			 notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8
			 U.S.C. 1182(a)(9)).
					(e)NaturalizationSubsection
			 (a) of section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) is
			 amended by inserting (or, if the spouse is deceased, the spouse was a
			 citizen of the United States) after citizen of the United
			 States.
			7.Exemption from
			 immigrant visa limit for certain veterans who are natives of
			 PhilippinesParagraph (1) of
			 section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)) is
			 amended by adding at the end the following:

				(F)Aliens who are eligible for an
				immigrant visa under paragraph (1) or (3) of section 203(a) and who have a
				parent who was naturalized pursuant to section 405 of the Immigration Act of
				1990 (8 U.S.C. 1440
				note).
				.


114 S2122 IS: Invest in Our Communities Act
U.S. Senate
2015-10-01
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.

		II
		114th CONGRESS1st Session
		S. 2122
		IN THE SENATE OF THE UNITED STATES

			October 1, 2015
			Mr. Paul introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To increase the worldwide level of employment-based immigrants and to reauthorize the EB–5 regional
			 center program.

 1.Short titleThis Act may be cited as the Invest in Our Communities Act. 2.Exemption of dependents from being counted towards worldwide employment-based immigration levelSection 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

 (F)Aliens who are spouses or children of an alien admitted as an employment-based immigrant under section 203(b)(5)..
 3.Worldwide level of employment-based immigrantsSection 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

				(d)Worldwide level of employment-Based immigrants
 (1)In generalThe worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of—
 (A)150,000; and (B)the number computed under paragraph (2).
 (2)AdjustmentThe number computed under this paragraph for fiscal year 2015 and each subsequent fiscal year is the difference (if any) between—
 (A)the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year; and
 (B)the number of visas issued under that section during that year..
 4.Exclusion of EB–5 visas from country capsSection 202(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(5)) is amended by adding at the end the following:

 (C)Exclusion of EB–5 visas from per country limitationVisas issued under section 203(b)(5) shall not be counted toward the numerical limitation under paragraph (2)..
 5.Permanent reauthorization of employment creation regional centersSection 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended— (1)by redesignating subparagraph (D) as subparagraph (H); and
 (2)by inserting after subparagraph (C) the following:  (D)Employment creation regional centers (i)In generalVisas under this paragraph shall be made available to qualified immigrants who participate in a program involving a regional center in the United States, which has been designated by the Secretary of Homeland Security, in consultation with the Secretary of Commerce, on the basis of a general proposal filed with the Secretary of Homeland Security, for the promotion of economic growth, including—
 (I)increased exports; (II)improved regional productivity;
 (III)job creation; and (IV)increased domestic capital investment.
 (ii)JurisdictionA regional center shall have jurisdiction over a specific geographic area, which shall be— (I)described in the proposal filed under clause (i); and
 (II)consistent with the purpose of concentrating pooled investment in defined economic zones. (iii)General predictionsThe establishment of a regional center under this subparagraph may be based on general predictions contained in the proposal concerning—
 (I)the kinds of new commercial enterprises that will receive capital from aliens; (II)the jobs that will be created directly or indirectly as a result of such investments; and
 (III)other positive economic effects such investments will have. (iv)Methodologies for determining job creationNotwithstanding requirements applicable to investors not involved in a regional center, in determining compliance with this subparagraph, the Secretary of Homeland Security shall recognize reasonable methodologies for determining the number of jobs created by a designated regional center, including jobs that are estimated to have been created indirectly through revenues generated from—
 (I)increased exports; (II)improved regional productivity; or
 (III)increased domestic capital investment resulting from the regional center. (v)Special procedures (I)Preapproval of new commercial enterprisesThe Secretary of Homeland Security shall establish a preapproval procedure for new commercial enterprises that—
 (aa)allows a regional center or potential regional center to apply to the Secretary for preapproval of a new commercial enterprise before any alien files a petition for classification under this paragraph by reason of investment in the new commercial enterprise;
 (bb)allows the applicant to address and cure any deficiencies identified by the Secretary in the application before a final determination on the application;
 (cc)requires that the Secretary make final decisions on all issues under this paragraph other than those issues unique to each individual investor in the new commercial enterprise; and
 (dd)requires that the Secretary eliminate the need for the repeated submission of documentation that is common to multiple petitions for classification under this paragraph through a regional center.
 (II)Deference to prior rulingsAbsent material change, fraud, or legal deficiency, the Secretary of Homeland Security shall give deference to, and not revisit, favorable determinations made pertaining to a commercial enterprise during the adjudication of—
 (aa)petitions filed by immigrants investing in the commercial enterprise under this subparagraph; and (bb)petitions filed by such immigrants under section 216A for the removal of conditional basis.
								(vi)Processing times
 (I)In generalThe Secretary of Homeland Security shall make determinations on a proposal filed under clause (i) or an application filed under clause (v) not later than 180 days after the date on which the proposal or application is filed.
 (II)Additional informationIf the Secretary determines that an initial filing under this section does not meet the standards for approval, the Secretary shall—
 (aa)not later than 30 days after the date of such filing, notify the applicant of the reasons such proposal or application was not approved and the additional information or documentation that is required for approval;
 (bb)permit the applicant to promptly resubmit a modified filing; and (cc)adjudicate the modified proposal or application not later than 30 days after it is received..
 6.Security reformsSection 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), as amended by section 5, is further amended by adding at the end the following:

				(E)Appellate rights
 (i)In generalAny person subject to the suspension or termination of rights under this paragraph, if such decision was under the discretion of the Secretary of Homeland Security, may appeal such decision and be entitled to a hearing before an administrative law judge.
 (ii)Appellant’s rightsAn appellant under this subparagraph has the right— (I)to access the facts and documentation underlying the allegations that are the basis of the suspension or termination referred to in clause (i); and
 (II)to cross-examine witnesses during proceedings. (iii)Burden of proofIn a hearing under this subparagraph, the Secretary has the burden to prove, by a preponderance of the evidence, that the suspension or termination was valid under applicable law.
 (iv)FinalityA determination of the administrative law judge in an appeal under this subparagraph shall be final and may not be subject to judicial review..
		7.Regional centers
 (a)In generalSection 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), as amended by sections 5 and 6, is further amended by adding at the end the following:

					(F)Bona fides of
		  persons associated with regional centers or regional center associated commercial
		  enterprises
						(i)In
 generalNo person shall be permitted by any regional center or regional center associated commercial enterprise to be directly or indirectly involved with the regional center or commercial enterprise as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or other similar position of substantive authority for the operations, management, or promotion of the regional center or commercial enterprise if—
 (I)the person has been found liable within the previous 5 years for any criminal or civil violation of any law relating to fraud or deceit, or at any time if such violation involved a civil liability in excess of $1,000,000, a criminal conviction with a term of imprisonment of more than 1 year or a criminal or civil violation of any law or agency regulation in connection with the offer, purchase, or sale of a security;
 (II)the person is subject to a final order of a State securities commission (or an agency or officer of a State who performs similar functions), a State authority that supervises or examines banks, savings associations, or credit unions, a State insurance commission (or an agency of or officer of a State who performs similar functions), an appropriate Federal banking agency, the Commodity Futures Trading Commission, or the National Credit Union Administration, which is based on a violation of any law or regulation that—
 (aa)prohibits fraudulent, manipulative, or deceptive conduct; or (bb)bars the person from—
 (AA)association with an entity regulated by such commission, authority, agency, or officer; (BB)engaging in the business of securities, insurance, or banking; or
 (CC)engaging in savings association or credit union activities; (III)the person has been convicted of—
 (aa)any activity relating to espionage, sabotage, or theft of intellectual property;
 (bb)any activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code);
 (cc)any terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B)); or
 (dd)any activity related to human trafficking or a human rights offense; or
 (IV)the person— (aa)is, or during the preceding 5 years has been, included on the Department of Justice’s List of Currently Disciplined Practitioners; or
 (bb)during the preceding 5 years, has received a reprimand or otherwise been publicly disciplined by a bar association of which the person is or was a member.
								(ii)Status of regional center principals
 (I)Lawful status requiredNo person may be directly or indirectly involved with a regional center as its principal, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, or other similar position of significant authority for the operations or management of the regional center unless the person is a national of the United States or an individual who has been lawfully admitted for permanent residence.
 (II)Foreign governmentsNo foreign government entity may be directly or indirectly involved with the ownership or administration of a regional center.
							(iii)Information
 requiredThe Secretary of Homeland Security shall require such attestations and information, including the submission of fingerprints or other biometrics to the Federal Bureau of Investigation, and shall perform such criminal record checks and other background checks with respect to a regional center or regional center associated commercial enterprise, and persons involved in a regional center or regional center associated commercial enterprise, to determine whether such regional center or regional center associated commercial enterprise is in compliance with clauses (i) and (ii).
 (iv)TerminationThe Secretary shall terminate any regional center or regional center associated commercial enterprise from the regional center program if the Secretary determines that—
 (I)the regional center or regional center associated commercial enterprise has violated clause (i);
 (II)the regional center has violated clause (ii); or (III)the regional center, a regional center associated commercial enterprise, or any person involved with the regional center or regional center associated commercial enterprise—
 (aa)fails to provide an attestation or information requested by the Secretary;
 (bb)provides any false attestation or information under clause (iii);
 (cc)has engaged in fraud, misrepresentation, or criminal misuse; or (dd)poses a threat to public safety or national security.
								(G)Compliance with securities laws
 (i)JurisdictionIn view of the objective of promoting investment in the United States, in an action filed by the Securities and Exchange Commission, the purchase or sale of securities offered or sold by any regional center or any party associated with a regional center shall be deemed to have occurred within the territory of the United States for purposes of the securities laws, and subject matter jurisdiction shall also lie within the United States.
						(ii)Regional center certifications required
 (I)Initial certificationThe Secretary of Homeland Security may not approve an application for regional center designation or regional center amendment unless the regional center certifies that the regional center is in compliance with and has policies and procedures reasonably designed to ensure that all parties associated with the regional center remain in compliance with the securities laws of the United States and of any State in which the regional center operates in connection with the offer, purchase, or sale of securities or the provision of investment advice by the regional center or parties associated with the regional center.
 (II)ReissueA regional center shall annually reissue a certification described in subclause (I). Annual certifications under this subclause shall certify compliance with clause (iii) by stating that—
 (aa)the certifier is in a position to have knowledge of the offers, purchases, and sales of securities or the provision of investment advice by parties associated with the regional center; and
 (bb)to the best of the certifier’s knowledge, after reasonable investigation—
 (AA)all such offers, purchases, and sales of securities or the provision of investment advice complied with securities laws of the United States; and
 (BB)records, data, and information related to such offers, purchases, and sales have been maintained.
 (III)Effect of noncomplianceIf a regional center, through its due diligence, discovered during the previous fiscal year that the regional center or any party associated with the regional center was not in compliance with the securities laws of the United States, the certifier shall—
 (aa)describe the activities that led to noncompliance;
 (bb)describe the actions taken to remedy the noncompliance; and (cc)certify that the regional center and all parties associated with the regional center are currently in compliance.
 (iii)Oversight requiredEach regional center shall— (I)monitor and supervise all offers, purchases, and sales of, and advice relating to, securities made by parties associated with the regional center to ensure compliance with the securities laws of the United States;
 (II)maintain records, data, and information relating to all such offers, purchases, sales, and advice during the 5-year period beginning on the date of their creation; and
 (III)make such records, data, and information available to the Securities and Exchange Commission and to the Secretary upon the receipt of a subpoena from the Securities and Exchange Commission.
 (iv)Suspension or terminationThe Secretary, in the Secretary’s unreviewable discretion, shall suspend or terminate the designation of any regional center that does not provide the certification described in clause (ii). The Secretary, in the Secretary’s unreviewable discretion, may suspend or terminate the designation of any regional center or impose other sanctions against the regional center if the regional center or any parties associated with the regional center—
 (I)are permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the offer, purchase, or sale of a security or the provision of investment advice;
 (II)are subject to any final order of the Securities and Exchange Commission that— (aa)bars such person from association with an entity regulated by the Securities and Exchange Commission; or
 (bb)constitutes a final order based on violations in connection with the offer, purchase, or sale of, or advice relating to, a security; or
 (III)knowingly submitted or caused to be submitted a certification described in clause (ii) that contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.
 (v)Savings provisionNothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws.
 (vi)Defined termIn this subparagraph, the term parties associated with a regional center means— (I)the regional center;
 (II)any commercial enterprise associated with the regional center; (III)the regional center’s and associated commercial enterprise’s owners, officers, directors, managers, partners, broker-dealers, employees, and attorneys; and
 (IV)any person in active concert or participation with the regional center or directly or indirectly controlling, controlled by, or under common control with the regional center.
							.
			(b)Study and report
 (1)In generalNot later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Commerce and after consultation with relevant Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes—
 (A)the percentage of completed and pending capital investment projects, within the scope of business plans both approved and awaiting approval—
 (i)in targeted rural employment areas; (ii)in targeted high unemployment areas;
 (iii)in high poverty areas; (iv)for infrastructure projects; and
 (v)not included in the areas described in clauses (i) through (iii); (B)whether other Federal financial assistance programs, such as economic development programs administered by the Department of Agriculture, the Department of Housing and Urban Development, or the Community Development Financial Institutions Fund, are also used or intended to support projects described in subparagraph (A); and
 (C)whether market demands to approve projects described in subparagraph (A) exceed the number of visas allowed under section 203(b)(5)(F) of the Immigration and Nationality Act, as added by subsection (a).
 (2)Public inputNot later than 60 days before the submission of the report under paragraph (1), the public shall receive notice and an opportunity to comment on such draft study.
 8.Age determination for children of alien investorsSection 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by adding at the end the following:

				(5)Age determination for children of alien investors
 (A)In generalSubject to subparagraph (B), an alien admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if—
 (i)the alien remains unmarried; and (ii)the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status.
 (B)ExceptionAn alien shall not be considered a child under this paragraph with respect to more than 1 petition filed after the alien reaches 21 years of age..


114 HR 1232 IH: Stop Militarizing Law Enforcement Act
U.S. House of Representatives
2015-03-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 1232
IN THE HOUSE OF REPRESENTATIVES

March 4, 2015
Mr. Johnson of Georgia (for himself, Mr. Ellison, Ms. Norton, Mr. Scott of Virginia, Ms. Clark of Massachusetts, Ms. Chu of California, Ms. Speier, Mr. Clay, Mr. Nadler, Ms. Lee, Ms. Edwards, Mr. Van Hollen, Mr. Conyers, Mr. Rangel, Mr. David Scott of Georgia, Mr. Amash, Mr. Farr, Mr. Tonko, Ms. Lofgren, Mr. Perlmutter, Mr. Cárdenas, Mr. Blumenauer, Mr. Lowenthal, Ms. Jackson Lee, Mr. O’Rourke, Mr. Pallone, Mr. Serrano, Mr. Grijalva, Mr. Hastings, Mr. McDermott, Ms. Kaptur, Mr. Lewis, Mr. Rush, Mr. Honda, Ms. DeGette, Mr. Cummings, Mr. Deutch, Mr. Danny K. Davis of Illinois, Mr. Pocan, Ms. Maxine Waters of California, Mr. McClintock, Mr. Grayson, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To amend title 10, United States Code, to direct the Secretary of Defense to make certain limitations on the transfer of personal property to Federal and State agencies, and for other purposes.

1.Short titleThis Act may be cited as the Stop Militarizing Law Enforcement Act. 2.FindingsCongress makes the following findings:
(1)Under section 2576a of title 10, United States Code, the Department of Defense is authorized to provide excess property to local law enforcement agencies. The Defense Logistics Agency, administers such section by operating the Law Enforcement Support Office program. (2)New and used material, including mine-resistant ambush-protected vehicles and weapons determined by the Department of Defense to be military grade are transferred to local and Federal law enforcement agencies through the program.
(3)As a result local law enforcement agencies, including police and sheriff’s departments, are acquiring this material for use in their normal operations. (4)As a result of the wars in Iraq and Afghanistan, military equipment purchased for, and used in, those wars has become excess property and has been made available for transfer to local and Federal law enforcement agencies.
(5)According to public reports, approximately 12,000 police organizations across the country were able to procure nearly $500,000,000 worth of excess military merchandise including firearms, computers, helicopters, clothing, and other products, at no charge during fiscal year 2011 alone. (6)More than $4,000,000,000 worth of weapons and equipment have been transferred to police organizations in all 50 states and four territories through the program.
(7)In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers. (8)Though the moratorium was widely publicized, it was lifted in October 2013 without adequate safeguards.
(9)As a result, Federal, State, and local law enforcement departments across the country are eligible again to acquire free military-grade weapons and equipment that could be used inappropriately during policing efforts in which citizens and taxpayers could be harmed. (10)Pursuant to section III(J) of a Defense Logistics Agency memorandum of understanding, property obtained through the program must be placed into use within one year of receipt, possibly providing an incentive for the unnecessary and potentially dangerous use of military grade equipment by local law enforcement.
(11)The Department of Defense categorizes equipment eligible for transfer under the 1033 program as controlled and un-controlled equipment. Controlled equipment includes weapons, explosives such as flash-bang grenades, mine resistant ambush protected vehicles, long range acoustic devices, aircraft capable of being modified to carry armament that are combat coded, and silencers, among other military grade items. 3.Limitation on Department of Defense transfer of personal property to local law enforcement agencies (a)In generalSection 2576a of title 10, United States Code, is amended—
(1)in subsection (a)— (A)in paragraph (1)(A), by striking counter-drug and; and
(B)in paragraph (2), by striking and the Director of National Drug Control Policy; (2)in subsection (b)—
(A)in paragraph (3), by striking and at the end; (B)in paragraph (4), by striking the period and inserting a semicolon; and
(C) by adding at the end the following new paragraphs:  (5)the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property;
(6)the recipient submits to the Department of Defense a description of how the recipient expects to use the property; (7)the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense; and
(8)with respect to a recipient that is not a Federal agency, the recipient certifies to the Department of Defense that the recipient notified the local community of the request for personal property under this section by— (A)publishing a notice of such request on a publicly accessible Internet website;
(B)posting such notice at several prominent locations in the jurisdiction of the recipient; and (C)ensuring that such notices were available to the local community for a period of not less than 30 days.;
(3)by striking subsection (d); and (4)by adding at the end the following new subsections:

(d)Annual certification accounting for transferred property
(1)For each fiscal year, the Secretary shall submit to Congress certification in writing that each Federal or State agency to which the Secretary has transferred property under this section— (A)has provided to the Secretary documentation accounting for all controlled personal property, including arms and ammunition, that the Secretary has transferred to the agency, including any item described in subsection (f) so transferred before the date of the enactment of the Stop Militarizing Law Enforcement Act; and
(B)with respect to a non-Federal agency, carried out each of paragraphs (5) through (8) of subsection (b). (2)If the Secretary cannot provide a certification under paragraph (1) for a Federal or State agency, the Secretary may not transfer additional property to that agency under this section.
(e)Annual report on excess propertyBefore making any property available for transfer under this section, the Secretary shall annually submit to Congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law. (f)Limitations on transfers (1)The Secretary may not transfer the following personal property of the Department of Defense under this section:
(A)Controlled firearms, ammunition, grenades (including stun and flash-bang) and explosives. (B)Controlled vehicles, highly mobile multi-wheeled vehicles, mine-resistant ambush-protected vehicles, trucks, truck dump, truck utility, and truck carryall.
(C)Drones that are armored, weaponized, or both. (D)Controlled aircraft that—
(i)are combat configured or combat coded; or (ii)have no established commercial flight application.
(E)Silencers. (F)Long range acoustic devices.
(G)Items in the Federal Supply Class of banned items.  (2)The Secretary may not require, as a condition of a transfer under this section, that a Federal or State agency demonstrate the use of any small arms or ammunition.
(3)The limitations under this subsection shall also apply with respect to the transfer of previously transferred property of the Department of Defense from one Federal or State agency to another such agency. (4) (A)The Secretary may waive the applicability of paragraph (1) to a vehicle described in subparagraph (B) of such paragraph (other than a mine-resistant ambush-protected vehicle), if the Secretary determines that such a waiver is necessary for disaster or rescue purposes or for another purpose where life and public safety are at risk, as demonstrated by the proposed recipient of the vehicle.
(B)If the Secretary issues a waiver under subparagraph (A), the Secretary shall— (i)submit to Congress notice of the waiver, and post such notice on a public Internet website of the Department, by not later than 30 days after the date on which the waiver is issued; and
(ii)require, as a condition of the waiver, that the recipient of the vehicle for which the waiver is issued provides public notice of the waiver and the transfer, including the type of vehicle and the purpose for which it is transferred, in the jurisdiction where the recipient is located by not later than 30 days after the date on which the waiver is issued. (5)The Secretary may provide for an exemption to the limitation under subparagraph (D) of paragraph (1) in the case of parts for aircraft described in such subparagraph that are transferred as part of regular maintenance of aircraft in an existing fleet.
(g)Conditions for extension of program
(1)Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to Congress certification that for the preceding fiscal year that— (A)each Federal or State agency that has received covered property transferred under this section has—
(i)demonstrated 100 percent accountability for all such property, in accordance with subparagraph (B) or (C), as applicable; or (ii)been suspended from the program pursuant to subparagraph (D);
(B)with respect to each non-Federal agency that has received covered property under this section, the State coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to subparagraph (D); (C)with respect to each Federal agency that has received covered property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to subparagraph (D);
(D)the eligibility of any agency that has received covered property under this section for which 100 percent of the property was not accounted for during an inventory described in subparagraph (A) or (B), as applicable, to receive any property transferred under this section has been suspended; and (E)each State coordinator has certified, for each non-Federal agency located in the State for which the State coordinator is responsible that—
(i)the agency has complied with all requirements under this section; or (ii)the eligibility of the agency to receive property transferred under this section has been suspended; and
(F)the Secretary of Defense has certified, for each Federal agency that has received property under this section that— (i)the agency has complied with all requirements under this section; or
(ii)the eligibility of the agency to receive property transferred under this section has been suspended. (2)In this subsection, the term covered property means property classified as controlled equipment.
(h)Prohibition on ownershipA Federal or State agency that receives property classified as controlled equipment under this section may never take ownership of the property. (i)WebsiteThe Defense Logistics Agency shall maintain an Internet website on which the following information shall be made publicly available:
(1)A description of each transfer made under this section, including transfers made before and after the date of the enactment of the Stop Militarizing Law Enforcement Act, broken down by State, county, and recipient. (2)During the 30-day period preceding the date on which any property is transferred under this section, a description of the property to be transferred and the recipient of the transferred items.
(3)Notice of any use of controlled equipment by the recipient of property transferred under this section as provided under subsection (l). (j)Notice to Congress of property downgradesNot later than 30 days before downgrading the classification of any item of personal property from controlled or Federal Supply Class, the Secretary shall submit to Congress notice of the proposed downgrade.
(k)Notice to Congress of property cannibalizationBefore the Defense Logistics Agency authorizes the recipient of property transferred under this section to cannibalize the property, the Secretary shall submit to Congress notice of such authorization, including the name of the recipient requesting the authorization, the purpose of the proposed cannibalization, and the type of property proposed to be cannibalized. (l)Quarterly reports on use of controlled equipmentNot later than 30 days after the last day of a fiscal quarter, the Secretary shall submit to Congress a report on any uses of controlled equipment transferred under this section during that fiscal quarter.
(m)Reports to CongressNot later than 30 days after the last day of a fiscal year, the Secretary shall submit to Congress a report on the following for the preceding fiscal year: (1)The percentage of equipment lost by recipients of property transferred under this section, including specific information about the type of property lost, the monetary value of such property, and the recipient that lost the property.
(2)The transfer of any new (condition code A) property transferred under this section, including specific information about the type of property, the recipient of the property, the monetary value of each item of the property, and the total monetary value of all such property transferred during the fiscal year.. (b)Effective dateThe amendments made by subsection (a) shall apply with respect to any transfer of property made after the date of the enactment of this Act.


116 HR 2738 IH: For the relief of Ravidath Lawrence Ragbir.
U.S. House of Representatives
2019-05-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

V116th CONGRESS1st SessionH. R. 2738IN THE HOUSE OF REPRESENTATIVESMay 14, 2019Ms. Velázquez introduced the following bill; which was referred to the Committee on the JudiciaryA BILLFor the relief of Ravidath Lawrence Ragbir.

		1.Permanent resident status for Ravidath Lawrence Ragbir
 (a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Ravidath Lawrence Ragbir shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
 (b)Adjustment of statusIf Ravidath Lawrence Ragbir enters the United States before the filing deadline specified in subsection (d), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
			(c)Waiver of grounds for removal or denial of admission
 (1)In generalNotwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Ravidath Lawrence Ragbir may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act.
 (2)Rescission of outstanding order of removalThe Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Ravidath Lawrence Ragbir by reason of any ground described in paragraph (1).
 (d)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
 (e)Reduction of immigrant visa numberUpon the granting of an immigrant visa or permanent residence to Ravidath Lawrence Ragbir, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
 (f)Denial of preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters of Ravidath Lawrence Ragbir shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.