115 HR 2576 IH: Incentivize Growth Now In Tomorrow’s Entrepreneurs Act of 2017
U.S. House of Representatives
2017-05-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2576IN THE HOUSE OF REPRESENTATIVESMay 19, 2017Mr. Serrano introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for the tax treatment of small business
			 start-up savings accounts.

 1.Short titleThis Act may be cited as the Incentivize Growth Now In Tomorrow’s Entrepreneurs Act of 2017. 2.Small Business Start-Up Savings Accounts (a)In generalSubchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:

					IXSmall Business Start-Up Savings Accounts

							Sec. 530A. Small Business Start-Up Savings Accounts.
						530A.Small Business Start-up Savings Accounts
 (a)General RuleA small business start-up savings account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the small business start-up savings account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations).
 (b)Small Business Start-Up Savings AccountThe term small business start-up savings account means a trust created or organized in the United States exclusively for the purpose of making qualified start-up expenditures of the individual who is the designated beneficiary of the trust (and designated as a small business start-up savings account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements:
 (1)Except in the case of a rollover contribution described in subsection (d)(4), no contribution will be accepted unless it is in cash, and contributions will not be accepted if such contribution would result in aggregate contributions for the taxable year not exceeding the lesser of—
 (A)$10,000, or (B)an amount equal to the compensation (as defined in section 219(f)(1)) includible in the individual’s gross income for such taxable year.
 (2)The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section.
 (3)No part of the trust funds will be invested in life insurance contracts. (4)The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund.
 (c)Qualified Start-Up ExpendituresFor purposes of this section— (1)In generalThe term qualified start-up expenditures has the meaning given such term by section 195.
 (2)Special rule for corporation or partnership interestsSuch term includes the taxpayer’s allocable share of qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest.
 (3)ExceptionSuch term shall not apply to any expenditures paid or incurred in a taxable year in connection with a trade or business if there is any day during the taxable year on which the number of full-time employees of the trade or business exceeds 50.
								(d)Tax treatment of distributions
 (1)In generalAny distribution shall be includible in the gross income of the distributee in the manner as provided in section 72.
								(2)Distributions for qualified start-up expenditures
 (A)In generalNo amount shall be includible in gross income under paragraph (1) if the qualified start-up expenditures of the individual during the taxable year are not less than the aggregate distributions during the taxable year.
 (B)Distributions in excess of expensesIf such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified start-up expenditures bear to such aggregate distributions.
 (C)Disallowance of excluded amounts as deduction, credit, or exclusionNo deduction, credit, or exclusion shall be allowed to the taxpayer under any other section of this chapter for any qualified start-up expenditure to the extent taken into account in determining the amount of the exclusion under this paragraph.
									(3)Excess contributions returned before due date of return
 (A)In generalIf any excess contribution is contributed for a taxable year to any small business start-up savings account of an individual, paragraph (1) shall not apply to distributions from the small business start-up savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) 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 excess contribution.
 (B)Excess contributionFor purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (4)) which when added to all previous contributions for the taxable year exceeds the amount allowable as a contribution under subsection (b)(1).
 (4)Rollover contributionParagraph (1) shall not apply to any amount paid or distributed from a small business start-up savings account to the account beneficiary to the extent the amount received is paid into a small business start-up savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. For purposes of this paragraph, rules similar to the rules of section 408(d)(3)(D) shall apply.
 (5)Transfer of account incident to divorceThe transfer of an individual’s interest in a small business start-up savings account to an individual’s spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a small business start-up savings account with respect to which such spouse is the account beneficiary.
								(6)Treatment after death of account beneficiary
 (A)Treatment if designated beneficiary is spouseIf the account beneficiary’s surviving spouse acquires such beneficiary’s interest in a small business start-up savings account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such account shall be treated as if the spouse were the account beneficiary.
									(B)Other cases
 (i)In generalIf, by reason of the death of the account beneficiary, any person acquires the account beneficiary’s interest in a small business start-up savings account in a case to which subparagraph (A) does not apply—
 (I)such account shall cease to be a small business start-up savings account as of the date of death, and
 (II)an amount equal to the fair market value of the assets in such account on such date shall be includible if such person is not the estate of such beneficiary, in such person’s gross income for the taxable year which includes such date, or if such person is the estate of such beneficiary, in such beneficiary’s gross income for the last taxable year of such beneficiary.
											(ii)Special rules
 (I)Reduction of inclusion for predeath expensesThe amount includible in gross income under clause (i) by any person (other than the estate) shall be reduced by the amount of qualified start-up expenditures which were incurred by the decedent before the date of the decedent’s death and paid by such person within 1 year after such date.
 (II)Deduction for estate taxesAn appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent’s spouse) with respect to amounts included in gross income under clause (i) by such person.
 (e)Community property lawsThis section shall be applied without regard to any community property laws. (f)Custodial accountsFor purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in subsection (n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute a small business start-up account described in subsection (a). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof.
 (g)Adjustment for inflationIn the case of a taxable year beginning after December 31, 2017, the dollar amount in subsection (b)(1) shall be increased by an amount equal to—
 (1)such dollar amount, multiplied by (2)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2016 for calendar year 1992 in subparagraph (B) thereof.
								If any amount as increased under the preceding sentence is not a multiple of $100, such amount
 shall be rounded to the nearest multiple of $100.(h)ReportsThe trustee of a small business start-up savings account shall make such reports regarding such account to the Secretary and to the individual for whom the account is, or is to be, maintained with respect to contributions (and the years to which they relate), distributions, aggregating $10 or more in any calendar year, and such other matters as the Secretary may require. The reports required by this subsection—
 (1)shall be filed at such time and in such manner as the Secretary prescribes, and (2)shall be furnished to individuals—
 (A)not later than January 31 of the calendar year following the calendar year to which such reports relate, and
 (B)in such manner as the Secretary prescribes. (i)RegulationsThe Secretary shall issue such regulations or other guidance as may be necessary to carry out this section, including for purposes of subsection (c)(2) the making reports by regarding qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest..
			(b)Tax on prohibited transactions
 (1)In generalParagraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by striking or at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph:

 (G)a small business start-up savings account described in section 530A, or. (2)Special ruleSubsection (c) of section 4975 of such Code is amended by adding at the end of subsection (c) the following new paragraph:

 (7)Special rule for small business start-up savings accountsAn individual for whose benefit a small business start-up savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 530A(d)(1) applies with respect to such transaction or if such transaction is a qualified start-up expenditure (as defined in section 530A(c))..
 (c)Failure To Provide Reports on Small Business Start-Up Savings AccountsParagraph (2) of section 6693(a) of such Code is amended by striking and at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting , and, and by adding at the end the following new subparagraph:

 (F)section 530A(h) (relating to small business start-up savings accounts).. (d)Excess contributions (1)Tax imposedSection 4973(a) of such Code is amended by striking or at the end of paragraph (5), by inserting or at the end of paragraph (6), and by inserting after paragraph (6) the following:

 (7)a small business start-up savings account (within the meaning of section 530A(b)),. (2)Excess Contributions to Small Business Start-Up Savings accounts definedSection 4973 of such Code is amended by adding at the end the following new subsection:

 (i)Excess Contributions to Small Business Start-Up Savings accountsFor purposes of this section, in the case of contributions to a small business start-up savings account (within the meaning of section 530A(b)), the term excess contributions means the sum of—
 (1)the excess (if any) of— (A)the amount contributed for the taxable year to such accounts (other than a rollover contribution described in section 530A(d)(4)), over
 (B)the amount allowable as a contribution under section 530A(b)(1), and (2)the amount determined under this subsection for the preceding taxable year, reduced by the sum of—
 (A)the distributions out of the accounts for the taxable year, and (B)the excess (if any) of the maximum amount allowable as a contribution under sections 530A(b)(1) for the taxable year over the amount contributed to the accounts for the taxable year.
								For purposes of this subsection, any contribution which is distributed from a small business
			 start-up savings account in a distribution described in section 530A(d)(3)
			 shall be treated as an amount not contributed..
 (e)Clerical amendmentThe table of contents for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item:

						Part IX. Small Business Start-Up Savings Accounts.
 (f)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2016.


116 HR 4557 IH: Preserve Science in Policymaking Act of 2019
U.S. House of Representatives
2019-09-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4557IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2019Mr. Casten of Illinois (for himself, Mr. Tonko, and Mr. Quigley) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo prohibit the termination of advisory committees before the end of their charter unless
			 authorized by law, and for other purposes.

 1.Short titleThis Act may be cited as the Preserve Science in Policymaking Act of 2019. 2.Prohibition on termination of advisory committeesSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by inserting at the end the following new subsection:

 (d)An advisory committee created under paragraphs (1) or (2) of section 9(a) may not be terminated by the President, the head of an agency, or any officer of the Federal Government before the end of the charter of the advisory committee unless—
 (1)the termination is authorized by law; or (2)the termination is unanimously approved by the Chief Data Officer, Chief Evaluation Officer, and Chief Information Officer of the relevant agency.
 (e)Before the termination of an advisory committee under subsection (d)(2) and not later than 60 days before the date on which the advisory committee is scheduled to be terminated, the head of the relevant agency shall submit to Congress a notification of such termination and provide for a public notice and comment period..


		II
		112th CONGRESS
		2d Session
		S. 2409
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  lightweight digital camera lenses measuring approximately 10 mm or
		  more.

		1.Lightweight digital camera lenses measuring
			 approximately 10 mm or more
			(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:

								9902.01.00Lenses designed for digital cameras, the foregoing with a focal
						length measuring approximately 10 mm or more but not over 24 mm and weighing
						between 455 and 465 g (provided for in subheading 9002.11.90)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 S3303 RS: Promoting Service in Transportation Act
U.S. Senate
2020-12-15
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.

IICalendar No. 635116th CONGRESS2d SessionS. 3303[Report No. 116–329]IN THE SENATE OF THE UNITED STATESFebruary 13, 2020Mr. Peters (for himself, Mr. Sullivan, Ms. Rosen, Mr. Gardner, and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationDecember 15, 2020Reported by Mr. Wicker, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend title 49, United States Code, to promote transportation career opportunities and improve diversity in the workforce.1.Short titleThis Act may be cited as the Promoting Service in Transportation Act.2.Transportation workforce outreach program(a)In generalSubchapter I of chapter 55 of subtitle III of title 49, United States Code, is amended by adding at the end the following:5506.Transportation workforce outreach program(a)In generalThe Secretary of Transportation (referred to in this section as the Secretary) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2021 through 2026.(b)PurposesThe purpose of the campaigns carried out under the program under this section shall be—(1)to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals; and(2)to increase diversity, including with respect to race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector.(c)AdvertisingThe Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section.(d)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2021 through 2026..(b)Clerical amendmentThe table of sections for subchapter I of chapter 55 of subtitle III of title 49, United States Code, is amended by inserting after the item relating to section 5505 the following:5506. Transportation workforce outreach program..1.Short titleThis Act may be cited as the Promoting Service in Transportation Act.2.Transportation workforce outreach program(a)In generalSubchapter I of chapter 55 of subtitle III of title 49, United States Code, is amended by adding at the end the following:5506.Transportation workforce outreach program(a)In generalThe Secretary of Transportation (referred to in this section as the Secretary) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2021 through 2026.(b)PurposesThe purpose of the campaigns carried out under the program under this section shall be—(1)to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and(2)to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, ethnicity, and socioeconomic status.(c)AdvertisingThe Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section.(d)FundingFor each of fiscal years 2021 through 2026, the Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000 for each fiscal year..(b)Clerical amendmentThe table of sections for chapter 55 of subtitle III of title 49, United States Code, is amended by inserting after the item relating to section 5505 the following:5506. Transportation workforce outreach program..December 15, 2020Reported with an amendment


117 S2824 IS: Enhancing Geothermal Production on Federal Lands Act
U.S. Senate
2021-09-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2824IN THE SENATE OF THE UNITED STATESSeptember 23, 2021Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Geothermal Steam Act of 1970 to promote timely exploration for geothermal resources under geothermal leases, and for other purposes.1.Short titleThis Act may be cited as the Enhancing Geothermal Production on Federal Lands Act.2.Geothermal production on Federal landsThe Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following:30.Geothermal exploration test projects(a)Definition of geothermal exploration test projectIn this section, the term geothermal exploration test project means the drilling of a well to test or explore for geothermal resources on lands for which the Secretary has issued a lease under this Act, that—(1)is carried out by the holder of the lease;(2)causes—(A)less than 5 acres of soil or vegetation disruption at the location of each geothermal exploration well; and(B)not more than an additional 5 acres of soil or vegetation disruption during access or egress to the test site;(3)is developed—(A)less than 12 inches in diameter;(B)in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route;(C)without construction of new roads other than upgrading of existing drainage crossings for safety purposes;(D)with the use of rubber-tired digging or drilling equipment vehicles; and(E)without the use of high-pressure well stimulation;(4)is completed in less than 90 days, including the removal of any surface infrastructure from the site; and(5)requires the restoration of the project site within 3 years of the date of first exploration drilling to approximately the condition that existed at the time the project began, unless the site is subsequently used as part of energy development under the lease.(b)Categorical exclusion(1)In generalUnless extraordinary circumstances exist, a project that the Secretary determines under subsection (c) is a geothermal exploration test project shall be categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or section 1501.4 of title 40, Code of Federal Regulations (or a successor regulation).(2)Extraordinary circumstances definitionIn this subsection, the term extraordinary circumstances has the same meaning given such term in the Department of the Interior Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or successor provisions).(c)Process(1)Requirement to provide noticeA leaseholder shall provide notice to the Secretary of the leaseholder’s intent to carry out a geothermal exploration test project at least 30 days before the start of drilling under the project.(2)Review and determinationNot later than 10 days after receipt of a notice of intent under paragraph (1), the Secretary shall, with respect to the project described in the notice of intent—(A)determine if the project qualifies for a categorical exclusion under subsection (b); and(B)notify the leaseholder of such determination.(3)Opportunity to remedyIf the Secretary determines under paragraph (2)(A) that the project does not qualify for a categorical exclusion under subsection (b), the Secretary shall—(A)include in such notice clear and detailed findings on any deficiencies in the project that resulted in such determination; and(B)allow the leaseholder to remedy any such deficiencies and resubmit the notice of intent under paragraph (1)..3.Geothermal leasing priority areasThe Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is further amended by adding at the end the following:31.Geothermal leasing priority areas(a)Definition of covered landIn this section, the term covered land means land that is—(1)Federal land; and(2)not excluded from the development of geothermal energy under—(A)a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or(B)any other Federal law.(b)Designation of geothermal leasing priority areasThe Secretary, in consultation with the Secretary of Energy, shall designate portions of covered land as geothermal leasing priority areas as soon as practicable, but not later than 5 years, after the date of the enactment of this section.(c)Criteria for selectionIn determining which covered lands to designate as geothermal leasing priority areas under subsection (b), the Secretary, in consultation with the Secretary of Energy, shall consider if—(1)the covered land is preferable for geothermal leasing;(2)production of geothermal energy on such land is economically viable, including if such land has access to methods of energy transmission; and(3)the designation would be in compliance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section.(d)Review and modificationNot less frequently than once every 10 years, the Secretary shall—(1)review covered land and, if appropriate, make additional designations of geothermal leasing priority areas; and(2)review each area designated as a geothermal leasing priority area under this section, and, if appropriate, remove such designation.(e)Programmatic environmental impact statement(1)Initial designationsNo later than one year after the initial designation of a geothermal leasing priority area, the Secretary shall prepare a supplement to any final programmatic environmental impact statement for geothermal leasing that is the most recently finalized such statement with respect to covered land designated as a geothermal leasing priority area under subsection (b).(2)Subsequent designationsEach designation of a geothermal leasing priority area under subsection (d) shall be included in a programmatic environmental impact statement for geothermal leasing or in a supplement to such a statement.(3)ConsultationsIn developing any programmatic environmental impact statement for geothermal leasing or supplement to such a statement under this section, the Secretary shall consult, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities.(4)ProcedureThe Secretary may not delay issuing a permit or holding a lease sale under this Act because the supplement required under paragraph (1) has not been finalized by the Secretary.(f)Compliance with NEPAIf the Secretary determines that the designation of a geothermal leasing priority area has been sufficiently analyzed by a programmatic environmental impact statement, the Secretary shall not prepare any additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to geothermal lease sales for such geothermal leasing priority area..


		II
		111th CONGRESS
		2d Session
		S. 3352
		IN THE SENATE OF THE UNITED STATES

			May 12, 2010
			Mr. Tester introduced
			 the following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to exempt
		  reimbursements of expenses related to accident, theft, loss, or casualty loss
		  from determinations of annual income with respect to pensions for veterans and
		  surviving spouses and children of veterans, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Veterans Pensions Protection Act of
			 2010.
		2.Exclusion of
			 certain reimbursements of expenses from determination of annual income with
			 respect to pensions for veterans and surviving spouses and children of
			 veteransParagraph (5) of
			 section 1503(a) of title 38, United States Code, is amended to read as
			 follows:

				(5)payments regarding—
					(A)reimbursements of any kind (including
				insurance settlement payments) for—
						(i)expenses related to the repayment,
				replacement, or repair of equipment, vehicles, items, money, or property
				resulting from—
							(I)any accident (as defined in regulations
				which the Secretary shall prescribe), but the amount excluded under this
				subclause shall not exceed the greater of the fair market value or reasonable
				replacement value of the equipment or vehicle involved at the time immediately
				preceding the accident;
							(II)any theft or loss (as defined in
				regulations which the Secretary shall prescribe), but the amount excluded under
				this subclause shall not exceed the greater of the fair market value or
				reasonable replacement value of the item or the amount of the money (including
				legal tender of the United States or of a foreign country) involved at the time
				immediately preceding the theft or loss; or
							(III)any casualty loss (as defined in
				regulations which the Secretary shall prescribe), but the amount excluded under
				this subclause shall not exceed the greater of the fair market value or
				reasonable replacement value of the property involved at the time immediately
				preceding the casualty loss; and
							(ii)medical expenses
				resulting from any accident, theft, loss, or casualty loss (as defined in
				regulations which the Secretary shall prescribe), but the amount excluded under
				this clause shall not exceed the costs of medical care provided to the victim
				of the accident, theft, loss, or casualty loss; and
						(B)pain and suffering (including insurance
				settlement payments and general damages awarded by a court) related to an
				accident, theft, loss, or casualty loss, but the amount excluded under this
				subparagraph shall not exceed an amount determined by the Secretary on a
				case-by-case
				basis;
					.


		II
		112th CONGRESS
		2d Session
		S. 3639
		IN THE SENATE OF THE UNITED STATES

			November 27, 2012
			Mrs. Hutchison (for
			 herself, Mr. Kyl, and
			 Mr. McCain) 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 provide
		  secure borders and to give long-term resident youth the ability to contribute
		  to the safety and economic growth of the United States and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Assisting Children and Helping
			 them Improve their Educational Value for Employment Act
			 or the ACHIEVE
			 Act.
		2.Conditional
			 nonimmigrant status for certain aliens who entered the United States as
			 childrenSection 101(a)(15) of
			 the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
			(1)in subparagraph
			 (T)(iii), by striking the period at the end and inserting a semicolon;
			(2)in subparagraph
			 (U)(iii), by striking or at the end;
			(3)in subparagraph
			 (V)(ii)(II), by striking the period at the end and inserting a semicolon;
			 and
			(4)by adding at the
			 end the following:

					(W)(i)an alien whose
				nonimmigrant status in the United States is on a conditional basis pursuant to
				this clause and section 214(s) and the alien has shown with clear and
				convincing evidence that the alien—
							(I)was younger than 14 years of age on the
				date on which the alien initially entered the United States;
							(II)has maintained a continuous physical
				presence in the United States during the 5-year period immediately preceding
				the date of the enactment of the ACHIEVE
				Act;
							(III)initially entered the United States on
				a date that was prior to the date that was 5 years prior to the date of the
				enactment of the ACHIEVE
				Act;
							(IV)has been a person of good moral
				character since the date on which the alien initially entered the United
				States;
							(V)is not inadmissible under paragraph (1),
				(2), (3), (4), (5), (6)(B), (6)(C), (6)(E), (6)(F), (6)(G), (8), (9)(A), or
				(10) of section 212(a);
							(VI)is not deportable under paragraph
				(1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), (5), or (6) of section
				237(a);
							(VII)has not been convicted of a felony, any
				offense that may be described as a crime of moral turpitude under this Act, or
				a misdemeanor under Federal or State law, punishable by imprisonment for more
				than 30 days, unless such misdemeanor is the result of a traffic violation that
				does not involve the applicant being under the influence of alcohol or any
				substance listed in Schedule I of the Controlled Substances Act (Public Law
				91–513);
							(VIII)has not ordered, incited, assisted, or
				otherwise participated in the persecution of any person on account of race,
				religion, nationality, membership in a particular social group, or political
				opinion;
							(IX)has earned a high school diploma from a
				high school physically located in the United States or obtained a general
				education development certificate in the United States and—
								(aa)is enlisted, or is intending to
				enlist (as documented in accordance with section 214(s)(3)(I)), in one of the
				branches of the Armed Forces (which has the meaning given the term armed
				forces in section 101(a) of title 10, United States Code);
								(bb)is admitted as a student to an
				institution of higher education (as defined in section 101(a) of the Higher
				Education Act of 1965), which is physically located in the United
				States;
								(cc)has earned a bachelor’s degree or an
				associate’s degree from an institution of higher education; or
								(dd)has served for a period of at least 4
				years in one of the branches of the Armed Forces and was not dishonorably
				discharged;
								(X)has never been under a final
				administrative or judicial order of exclusion, deportation, or removal, unless
				the alien—
								(aa)remained in the United States under
				the color of law after the order was issued; or
								(bb)received the order before reaching 16
				years of age; and
								(XI)(aa)was younger than 29
				years of age on the date of the enactment of the
				ACHIEVE Act; or
								(bb)in the case of an alien who had earned a
				bachelor’s degree or an associate’s degree prior to such date of enactment from
				an institution of higher education, was younger than 32 years of age on such
				date of enactment;
								(ii)an alien whose nonimmigrant status
				in the United States is on a conditional basis pursuant to this clause and
				section 214(s) and has shown with clear and convincing evidence that the
				alien—
							(I)was a conditional nonimmigrant described
				in clause (i) for a period of not less than 6 years and during such
				period—
								(aa)has not violated any of the
				requirements of clause (i);
								(bb)has not become a public charge;
				and
								(cc)has not abandoned the alien's
				residence in the United States;
								(II)before or during such period of
				conditional nonimmigrant status—
								(aa)obtained a bachelor’s degree from an
				institution of higher education and, if such degree was obtained before the
				alien was granted such status, was employed in the United States for a period
				of not less than 4 years;
								(bb)served at least 4 years in one of the
				branches of the Armed Forces and, if discharged from the military, was not
				discharged dishonorably; or
								(cc)obtained an associate’s degree from
				an institution of higher education, or a substantially equivalent degree from a
				technical or vocational school that is accredited by the Accrediting Commission
				of Career Schools and Colleges, and was employed in the United States for a
				period of not less than 30 months; and
								(III)(aa)has an offer of
				employment in the United States;
								(bb)is employed in the United States;
				or
								(cc)is pursuing a graduate degree at an
				institution of higher education; or
								(iii)an alien who has shown with clear
				and convincing evidence that the alien—
							(I)was a conditional nonimmigrant under
				clause (i) for a period of not less than 6 years and had conditional
				nonimmigrant status under clause (ii) for a period of not less than 4 years and
				during both such periods—
								(aa)was in compliance with all
				requirements for such status during such periods;
								(bb)did not become a public charge;
				and
								(cc)did not abandon the alien's residence
				in the United States; and
								(II)while in such status pursuant to clause
				(ii)—
								(aa)was employed in the United States for
				a period of 36 months; or
								(bb)was enrolled in a graduate degree
				program at an institution of higher education, or obtained a graduate degree
				from an institution of higher
				education.
								.

			3.Admission and
			 cancellation of removal of W conditional nonimmigrants
			(a)Process for
			 cancellation of removal and adjustment to W–1 conditional nonimmigrant
			 statusSection 214 of the Immigration and Nationality Act (8
			 U.S.C. 1184) is amended by adding at the end the following:

					(s)W conditional
				nonimmigrant status
						(1)DefinitionsIn
				this subsection:
							(A)Armed
				forcesThe term Armed Forces has the meaning given
				the term armed forces in section 101(a) of title 10, United States
				Code.
							(B)Institution of
				higher educationThe term institution of higher
				education has the meaning given such term in section 101(a) of the
				Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not
				include an institution of higher education outside the United States.
							(C)SecretaryExcept
				as otherwise specifically provided, the term Secretary means the
				Secretary of Homeland Security.
							(D)W–1 conditional
				nonimmigrantThe term W–1 conditional nonimmigrant
				means an alien granted nonimmigrant status pursuant to clause (i) of section
				101(a)(15)(W) and in compliance with this subsection.
							(E)W–2 conditional
				nonimmigrantThe term W–2 conditional nonimmigrant
				means an alien granted nonimmigrant status pursuant to clause (ii) of section
				101(a)(15)(W) and in compliance with this subsection.
							(F)W–3
				nonimmigrantThe term W–3 nonimmigrant means an
				alien granted nonimmigrant status pursuant to clause (iii) of section
				101(a)(15)(W) and in compliance with this subsection.
							(2)General
				conditions
							(A)In
				generalAn alien applying for or granted W–1 conditional
				nonimmigrant status, W–2 conditional nonimmigrant status, or W–3 nonimmigrant
				status shall be subject to the following general conditions:
								(i)Status benefit
				solely for alienAny nonimmigrant status described in section
				101(a)(15)(W) is solely for the benefit of the alien on whom it is conferred.
				No dependents, lineal ascendants, or collateral ascendants of the alien on
				whom such status is conferred may obtain any immigration benefit as a result of
				such conferral of status while the principal alien remains in any such
				nonimmigrant status.
								(ii)Prohibition on
				status benefit for culpable family memberAny relative of an
				alien granted nonimmigrant status described in section 101(a)(15)(W) who
				assisted the alien’s unlawful entry or unlawful presence into the United States
				is prohibited from benefitting from such alien’s status while the principal
				alien remains in such nonimmigrant status.
								(iii)Status during
				pendency of applicationAn alien shall be deemed to be in the
				conditional nonimmigrant or nonimmigrant status applied for during the period
				in which the alien’s application for such status is pending. Time spent during
				the pendency of the application process shall not count against the alien for
				the purpose of calculating the duration of the alien’s valid status under any
				of the categories set forth in section 101(a)(15)(W). While the alien's
				application for such status is pending, the alien may not receive any of the
				benefits described in clauses (iv) and (v).
								(iv)EmploymentAn
				alien granted such status shall be authorized to be employed in the United
				States incident to such status. If the alien is a student described in clause
				(i) or (ii) of section 101(a)(15)(W), the alien’s employment shall be
				authorized by the Secretary if the alien provides proof to the Secretary that
				the alien is enrolled in at least 6 credit hours at an institution of higher
				learning (as defined under section 101(a) of the Higher Education Act of 1965
				(20 U.S.C. 1001(a)).
								(v)TravelAn
				alien granted such status may travel outside the United States and may be
				admitted (if otherwise admissible) upon return to the United States if—
									(I)the alien is the
				bearer of a valid, unexpired nonimmigrant visa document referred to in clause
				(vii); and
									(II)the alien’s
				absence from the United States is not for any period longer than 90 days in
				duration.
									(vi)Evidence of
				statusThe Secretary of State shall issue to each alien granted
				any such status a highly tamper-resistant document that—
									(I)provides evidence
				of the alien’s valid nonimmigrant visa status, the alien’s lawful presence in
				the United States, and the alien’s authorization for employment in the United
				States;
									(II)contains the
				alien’s biographic and biometric information; and
									(III)contains a
				unique watermark and other uniquely designed physical security features, which
				are to be determined by the Secretary, to prevent the tampering,
				counterfeiting, and unauthorized duplication of such document.
									(vii)No foreign
				residenceAn alien granted such status is not required to have a
				foreign residence which the alien has no intention of abandoning.
								(viii)Prohibition
				on benefitsAn alien granted such status—
									(I)is not eligible
				for any Federal means-tested public welfare benefits;
									(II)is not eligible
				for any Federal student loans, Federal work-study programs, or any other
				services or benefits provided under title IV of the Higher Education Act of
				1965 (20 U.S.C. 1070 et seq.); and
									(III)is not
				considered to be lawfully present in the United States for purposes of—
										(aa)section 36B of
				the Internal Revenue Code of 1986; or
										(bb)section 1402 of
				the Patient Protection and Affordable Care Act (42 U.S.C. 18071).
										(ix)Change of
				status
									(I)W–1 conditional
				nonimmigrantNotwithstanding any other provision of law, an alien
				may not change or adjust from W–1 conditional nonimmigrant status to any other
				legal status except for W–2 conditional nonimmigrant status.
									(II)W–2
				conditional nonimmigrantNotwithstanding any other provision of
				law, an alien may not change or adjust from W–2 conditional nonimmigrant status
				to any other legal status except for W–3 nonimmigrant status.
									(x)Reporting
				requirementNotwithstanding any other provision of law, each
				alien granted W–1 conditional nonimmigrant status or W–2 conditional
				nonimmigrant status shall submit, every 6 months, a report to the Secretary
				that contains the alien's name, the alien's current address, and sufficient
				documentary evidence to demonstrate that the alien is in compliance with the
				requirements of such status.
								(B)Use of
				surchargeNotwithstanding any other provision of law, including
				section 286, any surcharge collected under this subsection shall be deposited
				as offsetting receipts in the general fund of the Treasury and shall not be
				available for obligation or expenditure.
							(C)Exclusive
				jurisdiction
								(i)In
				generalExcept as provided under clause (ii), the Secretary shall
				have exclusive jurisdiction to determine eligibility for relief under section
				101(a)(15)(W).
								(ii)ExceptionIf
				an alien has been placed into deportation, exclusion, or removal proceedings
				before or after filing an initial application for cancellation of removal and
				adjustment to conditional nonimmigrant status or adjustment of status under the
				ACHIEVE Act, the Attorney
				General shall have exclusive jurisdiction and shall assume all the powers and
				duties of the Secretary until proceedings are terminated, or a final order of
				deportation, exclusion, or removal is entered.
								(iii)Resumption of
				jurisdictionUpon the termination of proceedings or if a final
				order of deportation, exclusion, or removal is initiated, the Secretary shall
				resume all powers and duties delegated to the Secretary with respect to such
				alien under this Act, the ACHIEVE
				Act, and other relevant Federal law.
								(3)W–1 conditional
				nonimmigrants
							(A)EligibilityAn
				alien is eligible for W–1 conditional nonimmigrant status if the alien meets
				the requirements under section 101(a)(15)(W)(i) and this paragraph.
							(B)Cancellation of
				removalThe Secretary shall cancel the removal of an alien
				seeking W–1 conditional nonimmigrant status and adjust the status of such alien
				to that of a W–1 conditional nonimmigrant if the alien submits to the Secretary
				a timely application for such status that includes clear and convincing
				evidence that the alien is eligible for such status.
							(C)Submission of
				applicationAn application for W–1 conditional nonimmigrant
				status for an alien is timely if such application is submitted to the Secretary
				not later than—
								(i)the date that is
				1 year after the date of the enactment of this subsection; or
								(ii)the date that is
				1 year after the date on which the alien earned a high school diploma or
				obtained a general education development certificate in the United States if
				the alien is younger than 22 years of age on the date of the enactment of this
				subsection.
								(D)SurchargeEach
				application for W–1 conditional nonimmigrant status shall be accompanied by a
				surcharge in the amount of $525, which shall be in addition to the otherwise
				applicable application fee imposed for the purpose of recovering the full costs
				of providing adjudication and processing services.
							(E)Other
				requirementsThe Secretary may not cancel the removal of an alien
				under subparagraph (B) or grant W–1 conditional nonimmigrant status to the
				alien unless the following conditions are met:
								(i)Biometric
				dataThe alien submits biometric and biographic data, in
				accordance with procedures established by the Secretary. The Secretary shall
				provide an alternative procedure for applicants who are unable to provide such
				biometric or biographic data because of a physical impairment.
								(ii)Background
				checks
									(I)Requirement for
				background checksThe Secretary utilizes the biometric,
				biographic, and other data submitted by the alien, as requested by the
				Secretary—
										(aa)to
				conduct security and law enforcement background checks of the alien; and
										(bb)to
				determine if there is any criminal, national security, or other factor that
				would render the alien ineligible for such status.
										(II)Timing of
				checksThe security and law enforcement background checks
				required under this clause are completed to the satisfaction of the
				Secretary.
									(iii)Medical
				examinationThe alien undergoes a medical observation and
				examination in accordance with the policies and procedures established by the
				Secretary, with the concurrence of the Secretary of Health and Human
				Services.
								(iv)Military
				selective serviceThe alien has registered under the Military
				Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to
				such registration under that Act.
								(v)Citizenship
				requirementExcept as provided in subclause (II), the alien
				demonstrates that the alien satisfies the requirements of section
				312(a).
								(vi)Continuous
				presence and initial entryThe alien has maintained continuous
				physical presence in the United States for the 5-year period immediately
				preceding the date of the enactment of the ACHIEVE Act, and the alien’s initial date of
				entry was on or before the date that is 5 years before the date of the
				enactment of the ACHIEVE Act,
				which shall be determined as follows:
									(I)Burden of
				evidenceThe alien shall have the burden to establish the alien’s
				continuous presence in the United States by clear and convincing
				evidence.
									(II)Acceptable
				forms of evidenceThe alien may submit types of independently
				verifiable documents as evidence of continuous physical presence in the United
				States, entry into the United States, or both. A single document listed under
				this subclause shall be insufficient to determine whether the applicant meets
				the burden described in subclause (I). The alien shall submit at least 2 forms
				of the documents listed under this subclause with the applicant’s application,
				which, in the discretion of the Secretary, may still be insufficient to meet
				the burden described in subclause (I). The alien may meet such burden by
				submitting two or more of the following documents:
										(aa)An
				order of removal, exclusion, or deportation issued by an Immigration Judge or
				the Board of Immigration Appeals.
										(bb)An
				I–94 arrival-departure document.
										(cc)A
				valid, expired or unexpired passport reflecting the date of entry into the
				United States.
										(dd)Certified school
				records from a recognized United States Primary or Secondary School for
				kindergarten through grade 12.
										(ee)Certified
				medical records from a recognized hospital or health care provider in the
				United States.
										(ff)A
				sworn affidavit from a citizen of the United States attesting to the alien’s
				good moral character and the length and intimacy of the relationship between
				the alien and the citizen. The citizen signing the affidavit is subject to the
				penalty of perjury and if found guilty is subject to a maximum of $10,000 fine,
				5 years in prison, or both.
										(III)Additional
				forms of evidenceThe Secretary may—
										(aa)designate
				additional documents that may be submitted as evidence of physical presence or
				initial entry into the United States according to the requirements of
				101(a)(15)(W)(i); and
										(bb)set such terms
				and conditions on the use of such documents as is necessary to verify and
				confirm the identity of the applicant and the legitimacy of the document to
				prevent fraudulent admissions.
										(vii)Stay of
				removal
									(I)In
				generalThe Secretary may not remove any alien who—
										(aa)has a pending
				application for W–1 nonimmigrant status; and
										(bb)establishes to
				the Secretary, by a preponderance of the evidence, that the alien is eligible
				for such status.
										(II)Evidentiary
				standardAn alien applying for W–1 nonimmigrant status has met
				the requirement for a stay of removal if his or her application for such status
				meets at least 2 of the 3 following evidentiary requirements:
										(aa)Certified school
				records described in clause (vi)(II)(dd).
										(bb)Certified
				medical records described in clause (vi)(II)(ee).
										(cc)A
				sworn affidavit described in clause (vi)(II)(ff).
										(F)Calculation of
				continuous presence under W–1 conditional nonimmigrant status
								(i)Termination of
				continuous periodFor purposes of this section, any period of
				continuous residence or continuous physical presence in the United States of an
				alien who applies for cancellation of removal under subparagraph (B) shall not
				terminate when the alien is served a notice to appear under section
				239(a).
								(ii)Treatment of
				certain breaks in presence under W–1 status
									(I)In
				generalSubject to subclauses (II) and (III), an alien shall be
				considered to have failed to maintain continuous physical presence and
				abandoned the alien's residence in the United States if the alien has departed
				from the United States for any period in excess of 90 days or for any
				aggregated period spent outside of the United States in excess of 180
				days.
									(II)Extensions for
				exceptional circumstancesThe Secretary may extend the time
				periods described in subclause (I) if the alien demonstrates that the failure
				to timely return to the United States was due to exceptional circumstances. The
				exceptional circumstances determined sufficient to justify an extension should
				be no less compelling than serious illness of the alien, or death or serious
				illness of a parent, grandparent, sibling, or child. Such an extension may not
				exceed 60 days.
									(III)Exception for
				military serviceAn alien who is absent from the United States
				due to active service in the Armed Forces has not abandoned the alien's
				residence in the United States during the period of such service and any such
				absence may not be counted in the determination of aggregate time spent outside
				of the United States for the purposes of determining the abandonment of the
				alien’s residence.
									(G)Period of
				status
								(i)In
				generalW–1 conditional nonimmigrant status shall be valid for a
				period of 6 years, subject to termination under subparagraph (H).
								(ii)Prohibition on
				extensionThe Secretary may not renew or extend the 6-year period
				referred to in clause (i) for any alien.
								(H)Termination of
				status
								(i)In
				generalThe Secretary shall terminate the W–1 conditional
				nonimmigrant status of any alien if the Secretary determines that the
				alien—
									(I)ceases to meet
				the requirements of this section or of 101(a)(15)(W)(i);
									(II)has become a
				public charge; or
									(III)has received a
				dishonorable discharge from the Armed Forces.
									(ii)Return to
				previous immigration statusAny alien whose W–1 conditional
				nonimmigrant status is terminated under clause (i)—
									(I)shall return to
				the immigration status the alien had immediately before receiving W–1
				conditional nonimmigrant status; and
									(II)shall be subject
				to immediate removal.
									(I)Intending to
				enlistAn alien does not meet the intending to enlist requirement
				set forth in section 101(a)(15)(W)(i)(IX)(aa) unless the alien submits, to the
				Secretary of Homeland Security, a document obtained from a branch of the Armed
				Forces that contains—
								(i)the alien’s name
				and current address;
								(ii)an attestation
				of the alien’s intent to enlist; and
								(iii)an attestation
				that the alien meets the applicable moral, medical, and mental standards for
				enlistment.
								.
			(b)Regulations
				(1)Initial
			 publicationNot later than 180 days after the date of the
			 enactment of this Act, the Secretary of Homeland Security shall publish
			 regulations to carry out paragraphs (2) and (3) of subsection (s) of section
			 214 of the Immigration and Nationality Act (8 U.S.C. 1184), as added by
			 subsection (a).
				(2)Interim
			 regulationsNotwithstanding section 553 of title 5, United States
			 Code, the regulations required by paragraph (1) shall be effective, on an
			 interim basis, immediately upon publication but may be subject to change and
			 revision after public notice and opportunity for a period of public
			 comment.
				(3)Final
			 regulationsWithin a reasonable time after publication of the
			 interim regulations in accordance with this subsection, the Secretary of
			 Homeland Security shall publish final regulations implementing this
			 section.
				4.W–2 Conditional
			 nonimmigrant statusSection
			 214(s) of the Immigration and Nationality Act (8 U.S.C. 1184), as added by
			 section 3, is amended by adding at the end the following:

				(4)W–2 conditional
				nonimmigrant status
					(A)Eligibility
						(i)In
				generalAn alien is eligible for W–2 conditional nonimmigrant
				status if the alien meets the requirements of clause (ii) of section
				101(a)(15)(W) and this paragraph.
						(ii)Prohibition on
				applications from other nonimmigrantsOnly an alien granted W–1
				conditional nonimmigrant status is eligible to apply for W–2 conditional
				nonimmigrants status.
						(B)Change of
				statusThe Secretary shall change the status of an alien granted
				W–1 conditional nonimmigrant status to that of a W–2 conditional nonimmigrant
				if the alien submits to the Secretary a timely application for such status that
				includes clear and convincing evidence that the alien is eligible for such
				status.
					(C)Submission of
				applicationAn application for W–2 conditional nonimmigrant
				status for an alien is timely if such application is submitted to the
				Secretary—
						(i)not earlier than
				1 year before the applicant’s valid W–1 status expires; and
						(ii)not later than
				the date on which the applicant’s valid W–1 status expires.
						(D)SurchargeEach
				application for W–2 conditional nonimmigrant status shall be accompanied by a
				surcharge in the amount of $750, which shall be in addition to the otherwise
				applicable application fee imposed for the purpose of recovering the full costs
				of providing adjudication and processing services.
					(E)Other
				requirementsThe Secretary may not cancel the removal of an alien
				under subparagraph (B) or grant W–2 conditional nonimmigrant status to the
				alien unless the following conditions are met:
						(i)W–1 conditional
				nonimmigrant statusExcept as provided in clause (ii), the alien
				was granted W–1 conditional nonimmigrant status for a period of not less than 6
				years and during such period the alien—
							(I)maintained
				compliance with section 101(a)(15)(W)(i) and the applicable requirements of
				this subsection, including the reporting requirement set out in paragraph (2);
				and
							(II)demonstrated
				good moral character.
							(ii)Continuous
				presenceThe alien has maintained continuous physical presence in
				the United States during such period, as calculated under subparagraph
				(F).
						(iii)Disability
				exception
							(I)In
				generalThe Secretary of Homeland Security may grant a hardship
				waiver to any alien who proves, by clear and convincing evidence, that—
								(aa)the alien became
				afflicted with a disability (as defined in section 3 of the Americans with
				Disabilities Act of 1990 (42 U.S.C. 12102)) during the time in which the alien
				was granted status under section 101(a)(15)(W)(i); and
								(bb)such disability
				is directly attributable to the alien’s inability to meet the requirements
				under clause (i)(I).
								(II)NoticeThe
				alien may not be granted a hardship waiver under this clause unless the alien
				provides notice of the alien’s disability to United States Citizenship and
				Immigration Services not later than 120 days after the date on which the alien
				became afflicted with a disability.
							(F)Calculation of
				continuous presenceAn alien shall be considered to have failed
				to maintain continuous physical presence in the United States while in W–2
				conditional nonimmigrant status if the alien has departed from the United
				States for any period in excess of 90 days or for any aggregated period spent
				outside of the United States in excess of 120 days, calculated as described in
				paragraph (3)(F).
					(G)Period of
				statusW–2 conditional nonimmigrant status shall be valid for a
				period of 4 years, subject to termination under subparagraph (H).
					(H)Termination of
				status
						(i)In
				generalThe Secretary shall terminate the W–2 conditional
				nonimmigrant status of any alien if the Secretary determines that the
				alien—
							(I)ceases to meet
				the requirements of this section or of 101(a)(15)(W)(ii);
							(II)has become a
				public charge; or
							(III)has received a
				dishonorable discharge from the Armed Forces.
							(ii)Return to
				undocumented statusAny alien whose W–2 conditional nonimmigrant
				status is terminated under clause (i) shall not have any lawful immigration
				status in the United States and shall be subject to immediate removal.
						(I)Special rule
				for aliens discharged from the military
						(i)Honorable
				dischargeAn alien who has served 4 years in a branch of the
				Armed Forces and is honorably discharged from such service—
							(I)may not be
				required to apply for W–2 conditional nonimmigrant status or W–3 nonimmigrant
				status; and
							(II)during the
				1-year period beginning on the date of such honorable discharge, may apply for
				lawful permanent resident status under a special process to be determined by
				the Secretary in regulations.
							(ii)General
				discharge
							(I)Requirement for
				reviewAn alien who is discharged from service in a branch of the
				Armed Services pursuant to a general discharge, which includes any discharge
				that is not an honorable discharge or a dishonorable discharge, may not remain
				in W–1 conditional nonimmigrant status or receive W–2 conditional nonimmigrant
				status or W–3 nonimmigrant status until the Secretary, in consultation with the
				Secretary of Defense, reviews the facts and circumstances of such
				discharge.
							(II)DispositionBased
				on the outcome of a review conducted under subclause (I), the Secretary shall,
				with respect to an alien, take one of the following actions:
								(aa)Terminate the
				alien’s status under subparagraph (W) of section 101(a)(15).
								(bb)Permit the alien
				to remain in status under such subparagraph and continue to apply for the next
				appropriate subsequent status under such subparagraph, pursuant to the
				procedures set out in this
				subsection.
								.
		5.W–3 nonimmigrant
			 status
			(a)In
			 generalSection 214(s) of the
			 Immigration and Nationality Act (8 U.S.C. 1184), as added by section 3 and
			 amended by section 4, is further amended by adding at the end the
			 following:

					(5)W–3
				nonimmigrant status
						(A)Eligibility
							(i)In
				generalAn alien is eligible for W–3 nonimmigrant status if the
				alien meets the requirements of clause (iii) of section 101(a)(15)(W) and this
				paragraph.
							(ii)Prohibition on
				applications from other nonimmigrantsOnly an alien granted W–2
				conditional nonimmigrant status is eligible to apply for W–3 nonimmigrant
				status.
							(B)Change of
				statusThe Secretary shall change the status of such alien to
				that of a W–3 nonimmigrant if the alien submits to the Secretary a timely
				application for such status that includes clear and convincing evidence that
				the alien is eligible for such status.
						(C)Submission of
				applicationAn application for W–3 nonimmigrant status for an
				alien is timely if such application is submitted to the Secretary during the
				1-year period prior to the expiration of the alien’s W–2 conditional
				nonimmigrant status.
						(D)Surcharge
							(i)Initial
				applicationEach application for W–3 nonimmigrant status shall be
				accompanied by a surcharge in the amount of $2,000, which shall be in addition
				to the otherwise applicable application fee imposed for the purpose of
				recovering the full costs of providing adjudication and processing
				services.
							(ii)RenewalsAny
				application for renewal of W–3 nonimmigrant status after the initial grant of
				such status shall be accompanied by a $525 surcharge.
							(E)Other
				requirementsThe Secretary may not cancel the removal of an alien
				under subparagraph (B) or grant W–3 nonimmigrant status to the alien unless the
				following conditions are met:
							(i)W–2 conditional
				nonimmigrant statusThe alien was granted W–2 conditional
				nonimmigrant status for a period of not less than 4 years and during such
				period the alien—
								(I)maintained
				compliance with section 101(a)(15)(W)(ii) and the applicable requirements of
				this subsection, including the reporting requirement set out in paragraph (2);
				and
								(II)demonstrated
				good moral character.
								(ii)Disability
				exception
								(I)In
				generalThe Secretary of Homeland Security may grant a hardship
				waiver to any alien who proves, by clear and convincing evidence, that—
									(aa)the alien became
				afflicted with a disability (as defined in section 3 of the Americans with
				Disabilities Act of 1990 (42 U.S.C. 12102)) during the time in which the alien
				was granted status under clause (i) or (ii) of section 101(a)(15)(W);
				and
									(bb)such disability
				is directly attributable to the alien’s inability to meet the requirements
				under clause (i)(I).
									(II)NoticeThe
				alien may not be granted a hardship waiver under this clause unless the alien
				provides notice of the alien’s disability to United States Citizenship and
				Immigration Services not later than 120 days after the date on which the alien
				became afflicted with a disability.
								(iii)Updated
				biometric and biographic dataThe alien submits biometric and
				biographic data, in accordance with procedures established by the Secretary.
				The Secretary shall provide an alternative procedure for applicants who are
				unable to provide such biometric or biographic data because of a physical
				impairment.
							(iv)Updated
				background checksThe alien completes, to the satisfaction of the
				Secretary, new security and law enforcement background checks, as described in
				paragraph (3)(E)(ii).
							(v)Payment of
				Federal taxes
								(I)In
				generalThe alien shall satisfy any applicable Federal tax
				liability due and owing on the date the alien applies for W–3 nonimmigrant
				status.
								(II)Applicable
				Federal tax liabilityFor purposes of subclause (I), the term
				applicable Federal tax liability means liability for Federal taxes
				imposed under the Internal Revenue Code of 1986, including any penalties and
				interest thereon.
								(vi)Continuous
				presenceThe alien has maintained continuous physical presence in
				the United States during such period, as calculated under subparagraph
				(F).
							(F)Calculation of
				continuous presenceAn alien shall be considered to have failed
				to maintain continuous physical presence in the United States while in W–1 or
				W–2 conditional nonimmigrant status if the alien has departed from the United
				States for any period in excess of 90 days or for any aggregated period spent
				outside of the United States in excess 180 days while present in the United
				States in W–1 conditional nonimmigrant status or for any aggregate period over
				120 days while in W–2 conditional nonimmigrant status, calculated as described
				in paragraph (3)(F).
						(G)Period of
				status
							(i)In
				generalW–3 conditional nonimmigrant status shall be valid for an
				initial period of 5 years, subject to termination under subparagraph
				(H).
							(ii)RenewalThe
				Secretary may renew the 4-year period referred to in clause (i) for an
				unlimited number of 4-year periods.
							(H)Termination of
				status
							(i)In
				generalThe Secretary shall terminate the W–3 nonimmigrant status
				of any alien if the Secretary determines that the alien—
								(I)ceases to meet
				the requirements of this section or of 101(a)(15)(W)(iii);
								(II)has become a
				public charge; or
								(III)has received a
				dishonorable discharge from the Armed Forces.
								(ii)Return to
				undocumented statusAny alien whose W–3 nonimmigrant status is
				terminated under clause (i) shall not have lawful immigration status in the
				United States.
							(I)Change of
				statusNothing in this section or in any other provision of law,
				may prevent an alien granted W–3 nonimmigrant status from using any other
				lawful measures under this Act to change or adjust to another lawful
				nonimmigrant or immigrant status provided for in this
				Act.
						.
			(b)Dual
			 intentSection 214(b) of the Immigration and Nationality Act (8
			 U.S.C. 1184(b)) is amended by striking (L) or (V) of section
			 101(a)(15) and inserting, (L), (V), or (W).
			6.Penalties for
			 false statements
			(a)Criminal
			 penaltyChapter 75 of title
			 18, United States Code, is amended—
				(1)by redesignating section 1547 as section
			 1548;
				(2)by inserting after section 1546 the
			 following:

						1547.Fraud and
				misuse of the ACHIEVE ActAny
				person who files an application for any benefit under the
				ACHIEVE Act, or an amendment
				made by such Act, and willfully and knowingly engages in fraud by falsifying,
				misrepresenting, concealing, or in any way failing to disclose a material fact
				or makes any false or fraudulent statement or representation, or makes or uses
				any false writing or document knowing the same to contain any false or
				fraudulent statement or entry—
							(1)shall be fined under this title, imprisoned
				not more than 5 years, or both;
							(2)shall be placed into the immigration status
				that the person had before the person's initial application for relief under
				section 101(a)(15)(W) of the Immigration and Nationality Act (8 U.S.C.
				1101(a)(15)(W)); and
							(3)shall be subject to immediate removal
				proceedings, in which the information that the person provided to the Secretary
				of Homeland Security during the person's application process may be
				used.
							;
				and
				(3)in the chapter
			 analysis, by striking the item relating to section 1547 and inserting the
			 following:

							1547. Fraud and misuse of the ACHIEVE Act.
							1548. Alternative imprisonment
				maximum for certain
				offenses.

						.
				(b)Definition of
			 aggravated felonySection 101(a)(43) of the Immigration and
			 Nationality Act (8 U.S.C. 1101(a)(43)) is amended—
				(1)in subparagraph
			 (T), by striking and at the end;
				(2)by redesignating
			 subparagraph (U) as subparagraph (V); and
				(3)by inserting
			 after subparagraph (T) the following:

						(U)an offense
				described in section 1547 of title 18, United States Code;
				and
						.
				7.Confidentiality
			 of applicant informationSection 214(s)(2) of the Immigration and
			 Nationality Act, as added by section 3(a), is amended by adding at the end the
			 following:

				(D)Prohibitions on
				information usageExcept as provided in subparagraphs (E) and
				(G), section 1547 of title 18, United States Code, and any provision of law
				that authorizes the use of applicant information collected under this
				subsection, no officer or employee of the United States may—
					(i)use the
				information furnished by an individual pursuant to an application for
				nonimmigrant status under section 101(a)(15)(W) to initiate removal proceedings
				against the applicant or the applicant's immediate family members;
					(ii)make any
				publication in which the information furnished by any particular individual
				pursuant to an application for nonimmigrant status under section 101(a)(15)(W)
				can be identified; or
					(iii)permit anyone
				other than an officer or employee of the United States Government or, in the
				case of an application filed with a designated entity, that designated entity,
				to examine such application.
					(E)Required
				disclosureThe Attorney General or the Secretary shall provide
				the information furnished under this subsection, and any other information
				derived from such furnished information, to—
					(i)a
				Federal, State, tribal, or local law enforcement agency, intelligence agency,
				national security agency, directorate of the Department of Homeland Security,
				court, or grand jury in connection with a criminal investigation or
				prosecution, a background check conducted pursuant to the Brady Handgun
				Violence Protection Act (Public Law 103–59; 107 Stat. 1536), or for homeland
				security or national security purposes, if such information is requested by
				such entity or consistent with an information sharing agreement or mechanism;
				or
					(ii)an official
				coroner for purposes of affirmatively identifying a deceased individual
				(whether or not such individual is deceased as a result of a crime).
					(F)PenaltyAny
				person who knowingly uses, publishes, or permits information to be examined in
				violation of this section shall be fined not more than $10,000, imprisoned not
				more than 5 years, or both.
				(G)Obtaining
				information by other meansNotwithstanding subparagraph (D),
				nothing in this subsection may be construed to limit the authority of Federal,
				State, or local law enforcement authorities to obtain information that was
				included by an applicant in their application by any other lawful, independent
				means otherwise authorized under Federal, State, or local
				law.
				.
		8.Military
			 enlistmentSection 504(b)(1)
			 of title 10, United States Code, is amended by adding at the end the
			 following:

				(D)An alien who qualifies as a nonimmigrant
				(as defined in section 101(a)(15)(W) of the Immigration and Nationality Act (8
				U.S.C.
				1101(a)(15)(W))).
				.


116 HR 3331 IH: Countering Hizballah in Lebanon’s Military Act of 2019
U.S. House of Representatives
2019-06-18
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.

I116th CONGRESS1st SessionH. R. 3331IN THE HOUSE OF REPRESENTATIVESJune 18, 2019Mr. Zeldin (for himself and Mrs. Luria) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo restrict security assistance to Lebanon, and for other purposes.

 1.Short titleThis Act may be cited as the Countering Hizballah in Lebanon’s Military Act of 2019. 2.Report on relationship between Lebanese armed forces and Hizballah (a)In generalNot later than 90 days after the date of the enactment of this Act, the President shall submit a report to Congress—
 (1)identifying all military officers, commanders, advisors, officials, or other personnel with significant influence over the policies or activities of the Lebanese Armed Forces who are members of, paid by, or significantly influenced by Hizballah; and
 (2)describing military activities conducted by the Lebanese Armed Forces to disarm Hizballah pursuant to United Nations Security Council Resolution (UNSCR) 1701 (2006).
 (b)FormThe report required by section (a) shall be submitted in an unclassified form but may have a classified annex.
			3.Restriction on security assistance
 (a)In generalOf the amounts appropriated or otherwise made available for security assistance for the Government of Lebanon for a fiscal year, 20 percent may not be obligated or expended for such purpose until the President certifies to Congress that—
 (1)the Lebanese Armed Forces has taken measurable steps in the last year to limit the influence or expel anyone identified pursuant to section 2(a)(1);
 (2)the activities described pursuant to section 2(a)(2) demonstrate a serious commitment by the Lebanese Armed Forces to fulfill its obligation to disarm Hizballah pursuant to UNSCR 1701; and
 (3)the Lebanese Armed Forces have not cooperated, coordinated, or partnered with Hizballah in any operation, campaign, or military exercise during the last year.
 (b)National security waiverThe President may waive the certification requirements under paragraphs (1) and (2) of subsection (a) if the President certifies to Congress that it is in the national security interest of the United States.


116 S4742 IS: Covering Life-saving Investigations Needed In Cancer And other Life-threatening conditions through Timely use of Resources for Easy and Affordable Treatment from Medicaid for Enrollees in Need Today Act
U.S. Senate
2020-09-29
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.

II116th CONGRESS2d SessionS. 4742IN THE SENATE OF THE UNITED STATESSeptember 29, 2020Mr. Burr (for himself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XIX of the Social Security Act to promote access to life-saving therapies for Medicaid enrollees by ensuring coverage of routine patient costs for items and services furnished in connection with participation in qualifying clinical trials, and for other purposes.1.Short titleThis Act may be cited as the Covering Life-saving Investigations Needed In Cancer And other Life-threatening conditions through Timely use of Resources for Easy and Affordable Treatment from Medicaid for Enrollees in Need Today Act or the CLINICAL TREATMENT Act.2.Promoting access to life-saving therapies for Medicaid enrollees by ensuring coverage of routine patient costs for items and services furnished in connection with participation in qualifying clinical trials(a)In generalSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—(1)in subsection (a)—(A)in paragraph (29), by striking and at the end;(B)by redesignating paragraph (30) as paragraph (31); and(C)by inserting after paragraph (29) the following new paragraph:(30)subject to subsection (gg), routine patient costs for items and services furnished in connection with participation in a qualifying clinical trial (as defined in such subsection); and; and(2)by adding at the end the following new subsection:(gg)(1)Routine patient costsFor purposes of subsection (a)(30), with respect to a State and an individual enrolled under the State plan (or a waiver of such plan) who participates in a qualifying clinical trial, routine patient costs—(A)include any item or service provided to the individual under the qualifying clinical trial, including any item or service provided to prevent, diagnose, or treat complications resulting from such participation, to the extent that the provision of such an item or service to the individual outside the course of such participation would otherwise be covered under the State plan or waiver; and(B)does not include—(i)the investigational item or service that is the subject of the qualifying clinical trial; or(ii)an item or service that is— (I)provided to the individual solely to satisfy data collection and analysis needs for the qualifying clinical trial and is not used in the direct clinical management of the individual; and(II)not otherwise covered under the State plan or waiver.(2)Qualifying clinical trial defined(A)In generalFor purposes of this subsection and subsection (a)(30), the term qualifying clinical trial means a clinical trial (in any clinical phase of development) that is conducted in relation to the prevention, detection, or treatment of any serious or life-threatening disease or condition and is described in any of the following clauses:(i)The study or investigation is approved or funded (which may include funding through in-kind contributions) by one or more of the following:(I)The National Institutes of Health.(II)The Centers for Disease Control and Prevention.(III)The Agency for Healthcare Research and Quality.(IV)The Centers for Medicare & Medicaid Services.(V)A cooperative group or center of any of the entities described in subclauses (I) through (IV) or the Department of Defense or the Department of Veterans Affairs.(VI)A qualified non-governmental research entity identified in the guidelines issued by the National Institutes of Health for center support grants.(VII)Any of the following if the conditions described in subparagraph (B) are met:(aa)The Department of Veterans Affairs.(bb)The Department of Defense.(cc)The Department of Energy.(ii)The clinical trial is conducted pursuant to an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or an exemption for a biological product undergoing investigation under section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)).(iii)The clinical trial is a drug trial that is exempt from having such an investigational new drug application.(B)ConditionsFor purposes of subparagraph (A)(i)(VII), the conditions described in this subparagraph, with respect to a clinical trial approved or funded by an entity described in such subparagraph (A)(i)(VII), are that the clinical trial has been reviewed and approved through a system of peer review that the Secretary determines—(i)to be comparable to the system of peer review of studies and investigations used by the National Institutes of Health; and(ii)assures unbiased review of the highest scientific standards by qualified individuals with no interest in the outcome of the review.(3)Coverage determination requirementsA determination with respect to coverage under subsection (a)(30) for an individual participating in a qualifying clinical trial—(A)shall be expedited and completed within 24 hours;(B)shall be made without limitation on the geographic location or network affiliation of the health care provider treating such individual or the principal investigator of the qualifying clinical trial;(C)shall be based on attestation regarding the appropriateness of the qualifying clinical trial by the health care provider and principal investigator described in subparagraph (B), which shall be made using a streamlined, uniform form developed for national use by the Secretary and that includes the option to reference information regarding the qualifying clinical trial that is publicly available on a website maintained by the Secretary, such as clinicaltrials.gov (or a successor website); and(D)shall not require submission of the protocols of the qualifying clinical trial, or any other documentation that may be proprietary or determined by the Secretary to be burdensome to provide..(b)Requiring mandatory coverage under State planSection 1902(a)(10)(A) of such Act is amended, in the matter preceding clause (i), by striking and (29) and inserting (29), and (30).(c)Inclusion in benchmark coverageSection 1937(b)(5) of such Act is amended by inserting before the period at the end the following: , and beginning January 1, 2020, coverage of routine patient costs for items and services furnished in connection with participation in a qualifying clinical trial (as defined in section 1905(gg)).(d)Effective date(1)In generalThe amendments made by this section shall apply with respect to items and services furnished on or after the date of the enactment of this Act.(2)Exception for State legislationIn the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.


117 S1122 IS: Fair Housing for Domestic Violence and Sexual Violence Survivors Act of 2021
U.S. Senate
2021-04-14
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.

II117th CONGRESS1st SessionS. 1122IN THE SENATE OF THE UNITED STATESApril 14, 2021Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo provide protection for survivors of domestic violence or sexual violence under the Fair Housing Act.1.Short titleThis Act may be cited as the Fair Housing for Domestic Violence and Sexual Violence Survivors Act of 2021.2.FindingsCongress makes the following findings:(1)Cities, towns, and rural communities in the United States continue to face enormous challenges regarding domestic violence, sexual assault, sex trafficking, dating violence, stalking, and other forms of intimate partner and gender-based violence.(2)One in 3 women have experienced rape, physical violence, or stalking by an intimate partner in their lifetime.(3)Approximately 7,000,000 women are raped or physically assaulted by a current or former intimate partner each year.(4)Among women experiencing sex trafficking, many of their traffickers are also their intimate partners.(5)Each day, an average of 3 women are killed by a current or former partner.(6)Researchers estimate that domestic violence costs employers up to $13,000,000,000 each year.(7)A fundamental component of ending domestic and sexual violence is securing safe and affordable housing for victims.(8)Research indicates that—(A)nearly 50 percent of all homeless women report that domestic violence was the immediate cause of their homelessness;(B)92 percent of homeless women report having experienced severe physical or sexual violence at some point in their lives, including sexual exploitation and trafficking;(C)victims become homeless as a result of sexual assault, and once homeless, are vulnerable to further sexual victimization and exploitation including sex trafficking;(D)women of color in the lowest income category experience 6 times the rate of nonfatal intimate partner violence compared to white women in the highest income category;(E)poor women of color, domestic violence victims, and women with children have a high risk of eviction;(F)vulnerable women are also at risk of sex trafficking and exploitation by landlords who pressure them for sex in exchange for rent or a delay in rent payments; and(G)approximately 38 percent of all victims of domestic violence become homeless at some point in their life.(9)Surveys show that a majority of victims who experience a sexual assault in their home do not relocate to a safe environment because they do not have sufficient funds and are not aware of better options.(10)Domestic and sexual violence victims often find themselves trapped in homes where they are further victimized by caregivers, parents, siblings, landlords, intimate partners, neighbors, or others in or near their home. Economic insecurity and the trauma that often follows sexual violence make it difficult, if not impossible, for many victims to access safe, affordable housing options for themselves and their families.(11)Domestic and sexual violence victims continue to face discrimination in securing and maintaining housing based on their status as victims and as a result of crimes committed against them.(12)Research by the Attorney General of the State of New York found that 67 percent of domestic violence victims reported that discrimination by landlords is a significant obstacle in obtaining housing.(13)Research also shows that victims of domestic violence or sexual assault are commonly denied housing opportunities if a previous residence of the victim was a domestic violence shelter, if the victim has secured a protective order, or if there is other evidence that the victim has experienced a previous domestic violence incident.(14)Studies show that victims of domestic violence or sexual assault often face eviction based on a single domestic violence incident.(15)Victims of sex trafficking face additional challenges in obtaining and maintaining housing due to criminal records incurred as a direct result of their exploitation.(16)It is in the public interest to ensure that victims of domestic violence, sexual assault, sex trafficking, dating violence, stalking, and other forms of intimate partner and gender-based violence are not discriminated against, particularly with respect to housing, based on their status as victims or the crimes committed against them.(17)Nothing in this Act should be interpreted to limit the ability of victims of domestic violence or sexual violence to recover for claims of discrimination on the basis of sex or race under the Fair Housing Act (42 U.S.C. 3601 et seq.), including with respect to failure to conform to gender stereotypes or policies that disproportionately affect women.3.Survivors of domestic violence or sexual assault as protected class under the Fair Housing Act(a)In generalThe Fair Housing Act (42 U.S.C. 3601 et seq.) is amended—(1)in section 802 (42 U.S.C. 3602), by adding at the end the following:(p)Domestic violence—(1)has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)); and(2)includes—(A)dating violence and stalking, as defined in such section 40002(a); and(B)threatened domestic violence.(q)Sexual assault—(1)has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)); and(2)includes threatened sexual assault.(r)Sex trafficking has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12)).(s)Coercion has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(3).;(2)in section 804 (42 U.S.C. 3604)—(A)in subsection (a), by inserting , or because the person is a survivor of domestic violence, sexual assault, or sex trafficking before the period at the end;(B)in subsection (b), by inserting, , or because the person is a survivor of domestic violence, sexual assault, or sex trafficking before the period at the end;(C)in subsection (c), by striking or national origin and inserting, national origin, or whether a person is a survivor of domestic violence, sexual assault, or sex trafficking;(D)in subsection (d), by inserting , or because the person is a survivor of domestic violence, sexual assault, or sex trafficking, after national origin; and(E)in subsection (e), by inserting , or of a person or persons who are survivors of domestic violence, sexual assault, or sex trafficking before the period at the end;(3)in section 805 (42 U.S.C. 3605)—(A)in subsection (a), by inserting , or because the person is a survivor of domestic violence, sexual assault, or sex trafficking before the period at the end; and(B)in subsection (c), by striking or familial status and inserting familial status, or whether a person is a survivor of domestic violence, sexual assault, or sex trafficking;(4)in section 806 (42 U.S.C. 3606), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or sex trafficking;(5)in section 807 (42 U.S.C. 3607), by adding at the end the following:(c)Nothing in this title shall prohibit Federal, State, or local governmental or other assistance or a preference program designed to assist or benefit domestic violence, sexual assault, or sex trafficking survivors in seeking, securing, or maintaining dwellings, shelters, or any other form of housing, including associated notices, statements, or advertisements.; and(6)in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by inserting status as a survivor of domestic violence, sexual assault, or sex trafficking, after handicap,.(b)Prevention of intimidation in fair housing casesThe Civil Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended—(1)in section 901 (42 U.S.C. 3631)—(A)in the paragraph preceding subsection (a), by inserting or coercion after threat of force;(B)in subsection (a), by inserting , or because the person is a survivor of domestic violence, sexual assault, or sex trafficking, after national origin;(C)in subsection (b)(1), by inserting or because the person is a survivor of domestic violence, sexual assault, or sex trafficking, after national origin,; and(D)in subsection (c), by inserting or because the person is a survivor of domestic violence, sexual assault, or sex trafficking, after national origin,; and(2)by inserting after section 901 the following:902.DefinitionsIn this title, the terms domestic violence, sexual assault, sex trafficking, and coercion have the meanings given those terms in section 802..


114 HR 969 IH: Blue Water Navy Vietnam Veterans Act of 2015
U.S. House of Representatives
2015-02-13
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. 969
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2015
			Mr. Gibson (for himself, Mr. Palazzo, Mr. King of New York, Mr. Rangel, Mr. Lance, Mr. Hastings, Mr. Cramer, Ms. Pingree, Mr. Cartwright, Mr. Rothfus, Mr. Massie, Mr. Vargas, Mr. Ben Ray Luján of New Mexico, Mr. Stivers, Mr. Williams, Mr. Schiff, Ms. McCollum, Mr. Duncan of South Carolina, Mr. Rush, Mr. Grijalva, Mr. Farenthold, Mr. Himes, Mr. Lewis, Mr. Bishop of Georgia, Mr. Ribble, Mr. Jones, Mr. Courtney, Mrs. Blackburn, Mr. Connolly, Mr. Delaney, Mr. Sires, Ms. Brownley of California, Mr. McDermott, Mrs. Bustos, Ms. DelBene, Ms. Norton, Mr. Neal, Mr. Jeffries, Mr. Griffith, Mr. Cook, Mr. Amodei, Ms. Wasserman Schultz, Mr. Kennedy, Mr. Nugent, Mr. Forbes, Ms. Sinema, Mr. Sablan, Ms. Herrera Beutler, Ms. Esty, Mr. Veasey, Ms. Clark of Massachusetts, Mr. Peters, Ms. Frankel of Florida, Mr. Carter of Texas, Mr. DeFazio, Mr. Serrano, Mr. Jolly, Mr. Fortenberry, Mr. Ashford, Mr. Polis, Mr. Lowenthal, Mr. Smith of Washington, Mr. Yarmuth, Mr. Cohen, Ms. Tsongas, Ms. Lee, Mr. Murphy of Florida, Mr. Larsen of Washington, Ms. Clarke of New York, Mr. Cicilline, Ms. Michelle Lujan Grisham of New Mexico, Mr. Cárdenas, Mr. Honda, Mr. Meeks, Mr. Walz, Mr. Meehan, Mr. Curbelo of Florida, Mr. Joyce, Ms. Roybal-Allard, Mrs. Beatty, Mr. Tonko, Mr. Larson of Connecticut, Mr. Guthrie, Mr. Austin Scott of Georgia, Mr. McGovern, Mr. Smith of Missouri, Mr. Scott of Virginia, Mr. Latta, Miss Rice of New York, Mr. Reed, Mr. Zeldin, Mr. Barletta, Ms. DeLauro, Mr. Sean Patrick Maloney of New York, Mr. Higgins, Mrs. Lowey, Mr. Israel, Mr. Bridenstine, Mr. Fitzpatrick, Mr. Hanna, Mr. Neugebauer, Ms. Meng, Mr. Johnson of Georgia, Mr. Heck of Washington, Mr. Ross, Mr. Marino, Mr. Pitts, Mr. Benishek, Ms. Gabbard, Mr. McKinley, Mr. Simpson, Ms. Kaptur, Mr. Byrne, Mr. Yoder, Mr. Rogers of Kentucky, Mr. Cole, Mr. Loudermilk, Mr. Jenkins of West Virginia, Mr. Gohmert, Mr. Rogers of Alabama, Mr. Perlmutter, Mr. Olson, Mr. Renacci, Mr. Brooks of Alabama, Ms. Sewell of Alabama, Mr. Hardy, Ms. Bordallo, Mr. Babin, Mr. Brady of Pennsylvania, Mr. Nolan, Mr. Webster of Florida, and Ms. DeGette) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain
			 veterans who served in the vicinity of the Republic of Vietnam, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Blue Water Navy Vietnam Veterans Act of 2015. 2.Clarification of presumptions of exposure for veterans who served in vicinity of Republic of Vietnam (a)CompensationSubsections (a)(1) and (f) of section 1116 of title 38, United States Code, are amended by inserting (including the territorial seas of such Republic) after served in the Republic of Vietnam each place it appears.
 (b)Health careSection 1710(e)(4) of such title is amended by inserting (including the territorial seas of such Republic) after served on active duty in the Republic of Vietnam. (c)Effective dateThe amendments made by subsections (a) and (b) shall take effect as of September 25, 1985.