116 HR 3740 IH: Agricultural Guest Worker Reform Initiative Act of 2019
U.S. House of Representatives
2019-07-12
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. 3740IN THE HOUSE OF REPRESENTATIVESJuly 12, 2019Mr. Crawford introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Immigration and Nationality Act to simplify and rename the H–2C worker program, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Agricultural Guest Worker Reform Initiative Act of 2019 or as the AGRI Act of 2019. 2.In general (a)Inclusion of dairy or ranch workersSection 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by inserting labor on a dairy or ranch and before agricultural labor defined in.
 (b)Elimination of 50 percent ruleSection 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended— (1)in subparagraph (A), by striking (A); and
 (2)by striking subparagraph (B). (c)Wage rateSection 218(a)(1)(B) of such Act (8 U.S.C. 1188(a)(1)(B)) is amended by striking the period at the end and inserting , except that no employer shall be required to pay a wage rate greater than the greatest of the Federal, State, and local minimum wage rates..
			(d)Legal assistance from the Legal Services Corporation; Expedited procedures for replacement of an
 absconded workerSection 218(h) of such Act (8 U.S.C. 1188(h)) is amended by adding at the end the following:  (3) (A)The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless—
 (i)the alien is present in the United States at the time the legal assistance is provided; and (ii)the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties.
 (B)If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome.
 (C)No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter upon the employer’s property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status.
 (4)If any agricultural guest worker absconds from his or her place of employment, the Secretary of Homeland Security, in coordination with the Secretary of State, the Secretary of Agriculture, and the Secretary of Labor, shall establish expedited procedures for permitting the employer to import a agricultural guest worker to replace the absconded worker..
 (e)Length of staySection 218 of such Act (8 U.S.C. 1188) is amended by adding at the end the following:  (j)Length of stayAn agricultural guest worker who enters the United States may remain in the United States for a period of not more than 11 months. The agricultural guest worker may not enter the United States on an additional visa under section 101(a)(15)(H)(ii)(c) unless the agricultural guest worker first returns to that worker’s country of origin for a period of not less than 1 month. An agricultural guest worker may enter and remain in the United States for a total of not more than 3 years..
 (f)HousingSection 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows:  (4)HousingExcept for agricultural guest workers who are reasonably able to return to their permanent residence (either within or outside the United States) within the same day, the employer will provide housing to agricultural guest workers through one of the following means:
 (A)Employer-owned housing in accordance with regulations promulgated by the Secretary of Agriculture. (B)Rental or public accommodations or other substantially similar class of habitation in accordance with regulations promulgated by the Secretary of Agriculture.
 (C)Except where the Governor of the State has certified that there is inadequate housing available in the area of intended employment for migrant farm workers and agricultural guest workers seeking temporary housing while employed in agricultural work, the employer may furnish the worker with a housing voucher in accordance with regulations, if—
 (i)the employer has verified that housing is available for the period during which the work is to be performed, within a reasonable commuting distance of the place of employment, for the amount of the voucher provided, and that the voucher is useable for that housing;
 (ii)upon the request of a worker seeking assistance in locating housing for which the voucher will be accepted, the employer makes a good faith effort to assist the worker in identifying, locating, and securing housing in the area of intended employment; and
 (iii)payment for the housing is made with a housing voucher that is only redeemable by the housing owner or their agent.
							An employer who provides housing through one of the foregoing means shall not be deemed a housing
			 provider under section 203 of the Migrant and Seasonal Agricultural Worker
			 Protection Act (29 U.S.C. 1823) by virtue of providing such housing..
 (g)Absconding aliensSection 218(f) of such Act (8 U.S.C. 1188(f)) is amended by adding at the end the following: If the alien absconds, the employer shall not be liable for any violation of this section. The employer may, in a civil action, recover any costs of transportation paid to the alien and any fees paid pertaining to the importing of the alien..
 (h)Biometric identification cardThe Secretary of Homeland Security shall provide each nonimmigrant agricultural worker with an identification card that contains—
 (1)an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued;
 (2)biometric identifiers, including fingerprints and a digital photograph; and (3)physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes.
				(i)Trust fund
 (1)EstablishmentThe Secretary of Agriculture shall establish by regulation a trust fund the purpose of which is to provide, without further appropriation, funds for the administration and the enforcement of the program under this section, for the cost of the cards issued under subsection (k), for a monetary incentive for nonimmigrant agricultural workers to return to their country of origin upon expiration of their visas under the program, and for payment with respect to emergency medical services furnished to nonimmigrant agricultural workers. The Secretary of Agriculture in consultation with the Secretary of the Treasury shall promulgate such other regulations as may be necessary to carry out this subsection.
 (2)Payment of FICA and FUTA amounts into trust fundIn the case of employment of a nonimmigrant agricultural worker— (A)the employer shall provide for payment into the trust fund established under paragraph (1) of the sum of—
 (i)an amount equivalent to the amount of excise taxes which the employer would pay under chapter 21 of the Internal Revenue Code of 1986 with respect to such employment if it were considered employment for the purpose of such Act; and
 (ii)an amount equivalent to (and in lieu of) the amount of excise taxes which the employer would otherwise pay under chapter 23 of such Code with respect to such employment; and
 (B)there shall be deducted from the wages of the worker and paid into such trust fund an amount equivalent to the amount of excise taxes that the employee would pay under such chapter 21 with respect to such employment if it were considered employment for the purposes of such Act.
					(3)Expenditures from trust fund
 (A)Use of employer contributions for administrationAmounts described in paragraph (2)(A) paid into the trust fund shall be used for the purpose of administering and enforcing the program under this section and for the cost of the cards issued under subsection (k).
					(B)Use of employee contributions for repayment of employee contributions upon return to country of
 originExcept as provided in subparagraph (C), amounts described in paragraph (2)(B) paid into the trust fund with respect to a nonimmigrant agricultural worker shall, upon application by the worker at the United States consulate nearest the worker’s residence in the country of origin, be paid to the worker if the worker demonstrates the compliance of the worker with the terms and conditions of the program.
					(C)Use of employee contributions attributable to HI taxes for emergency medical services for
			 nonimmigrant agricultural workers
 (i)In generalAmounts described in paragraph (2)(B) paid into the trust fund which relate to excise tax in section 3101(b) of the Internal Revenue Code of 1986 shall be used to provide payment with respect to emergency medical services (as defined in clause (iii)) for nonimmigrant agricultural workers.
 (ii)AdministrationThe Secretary of Agriculture shall establish rules, in consultation with the Secretary of Health and Human Services, with respect to the payments under this subparagraph, including methods for determining qualifications for payment and the amount of payment to be made with respect to emergency medical services.
 (iii)Emergency medical services definedIn this subparagraph, the term emergency medical services means those items and services required to be provided under section 1867 of the Social Security Act (42 U.S.C. 1395dd) with respect to an individual who is a nonimmigrant agricultural worker and does not include items and services for which coverage under workers’ compensation is required under subsection (f)(3) with respect to the worker.
 (j)Semiannual reports to CongressThe Secretary of Agriculture shall report to Congress semiannually regarding the program under this section. Each such report shall include a statement of the number of nonimmigrant visas issued under the program, an evaluation of the effectiveness of the program, a description of any problems related to the enforcement of the program, and any recommendations for legislation relating to the program.
 (k)Program name and Administrator changedSection 218 of the Immigration and Nationality Act (8 U.S.C. 1188), as amended by this Act, is further amended—
 (1)by striking H–2A worker each place it appears and inserting agricultural guest worker; and (2)by striking Secretary of Labor each place it appears and inserting Secretary of Agriculture.


114 S3200 IS: Voluntary Check-off Program Participation Act
U.S. Senate
2016-07-13
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.

		II
		114th CONGRESS2d Session
		S. 3200
		IN THE SENATE OF THE UNITED STATES

			July 13, 2016
			Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

		A BILL
		To prohibit mandatory or compulsory check-off programs.

 1.Short titleThis Act may be cited as the Voluntary Check-off Program Participation Act. 2.Prohibition on mandatory or compulsory check-off programs (a)Definition of check-Off programThe term check-off program means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following:
 (1)The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). (2)The Potato Research and Promotion Act (7 U.S.C. 2611 et seq.).
 (3)The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). (4)The Beef Research and Information Act (7 U.S.C. 2901 et seq.).
 (5)The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). (6)The Floral Research and Consumer Information Act (7 U.S.C. 4301 et seq.).
 (7)Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (8)The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.).
 (9)The Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801 et seq.). (10)The Watermelon Research and Promotion Act (7 U.S.C. 4901 et seq.).
 (11)The Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.). (12)The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.).
 (13)The Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.). (14)The Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. 6301 et seq.).
 (15)The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (16)The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.).
 (17)The Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101 et seq.). (18)Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401).
 (19)The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). (20)The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.).
 (21)The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). (22)The Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481 et seq.).
 (23)The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (b)ProhibitionNo check-off program shall be mandatory or compulsory.
 (c)Voluntary participationProducer participation in a check-off program shall be voluntary at the point of sale.


116 S2918 IS: Monarch and Pollinator Highway Act of 2019
U.S. Senate
2019-11-26
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 CONGRESS1st SessionS. 2918IN THE SENATE OF THE UNITED STATESNovember 20, 2019Mr. Merkley (for himself, Mr. Alexander, Mr. Carper, and Mr. Rounds) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend title 23, United States Code, to require the Secretary of Transportation to establish a
			 program to provide grants to carry out activities to benefit pollinators
			 on roadsides and highway rights-of-way, including the planting and seeding
			 of native, locally-appropriate grasses and wildflowers, including
			 milkweed, and for other purposes.

 1.Short titleThis Act may be cited as the Monarch and Pollinator Highway Act of 2019 or the MPH Act of 2019.
		2.Pollinator-friendly practices on roadsides and highway rights-of-way
 (a)In generalChapter 3 of title 23, United States Code, is amended by adding at the end the following:  331.Pollinator-friendly practices on roadsides and highway rights-of-way (a)In generalThe Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native, locally-appropriate grasses and wildflowers, including milkweed.
 (b)Eligible entitiesAn entity eligible to receive a grant under this section is— (1)a State department of transportation;
 (2)an Indian tribe; or (3)a Federal land management agency.
 (c)ApplicationTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a pollinator-friendly practices plan described in subsection (d).
						(d)Pollinator-Friendly practices plan
 (1)In generalAn eligible entity shall include in the application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement, including—
 (A)practices relating to mowing strategies that promote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of-way, such as—
 (i)reducing the mowing swath outside of the State-designated safety zone; (ii)increasing the mowing height;
 (iii)reducing the mowing frequency; (iv)refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present;
 (v)use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing; or (vi)reducing raking along roadsides and highway rights-of-way;
 (B)implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal, targeted and judicious use of herbicides, and mowing, to address weed issues on roadsides and highway rights-of-way;
 (C)planting or seeding of native, locally-appropriate grasses and wildflowers, including milkweed, on roadsides and highway rights-of-way to enhance pollinator habitat, including larval host plants;
 (D)removing nonnative grasses from planting and seeding mixes, except for use as nurse or cover crops; or
 (E)any other pollinator-friendly practices the Secretary determines to be appropriate. (2)CoordinationIn developing a plan under paragraph (1), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate with applicable State agencies, including State agencies with jurisdiction over agriculture and fish and wildlife.
 (3)ConsultationIn developing a plan under paragraph (1)— (A)an eligible entity that is a State department of transportation or a Federal land management agency shall consult with affected or interested Indian tribes; and
 (B)any eligible entity may consult with nonprofit organizations, institutions of higher education, metropolitan planning organizations, and any other relevant entities.
								(e)Award of grants
 (1)In generalThe Secretary shall provide a grant to each eligible entity that submits an application under subsection (c), including a plan under subsection (d), that the Secretary determines to be satisfactory.
 (2)Amount of grantsThe amount of a grant under this section— (A)shall be based on the number of pollinator-friendly practices the eligible entity has implemented or plans to implement; and
 (B)shall not exceed $150,000. (f)Use of fundsAn eligible entity that receives a grant under this section shall use the funds for the implementation, improvement, or further development of the plan under subsection (d).
 (g)Federal shareThe Federal share of the cost of an activity carried out with a grant under this section shall be 100 percent.
 (h)Best practicesThe Secretary shall develop and make available to eligible entities best practices for, and a priority ranking of, pollinator-friendly practices on roadsides and highway rights-of-way.
 (i)Technical assistanceOn request of an eligible entity that receives a grant under this section, the Secretary shall provide technical assistance with the implementation, improvement, or further development of a plan under subsection (d).
 (j)Administrative costsFor each fiscal year, the Secretary may use not more than 2 percent of the amounts made available to carry out this section for the administrative costs of carrying out this section.
 (k)ReportNot later than 1 year after the date on which the first grant is provided under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of the program under this section.
						(l)Authorization of appropriations
 (1)In generalThere is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2020 through 2026.
 (2)AvailabilityAmounts made available under this section shall remain available for a period of 3 years after the last day of the fiscal year for which the funds are authorized..
 (b)Clerical amendmentThe analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:
				331. Pollinator-friendly practices on roadsides and highway rights-of-way..


114 HR 2162 IH: To amend the Internal Revenue Code of 1986 to extend for one year the deduction for mortgage insurance premiums.
U.S. House of Representatives
2015-04-30
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. 2162
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2015
			Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to extend for one year the deduction for mortgage
insurance premiums.

		1.EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED AS QUALIFIED RESIDENCE INTEREST
 (a)In GeneralSubclause (I) of section 163(h)(3)(E)(iv) of the Internal Revenue Code of 1986 is amended by striking December 31, 2014 and inserting December 31, 2015.
 (b)Effective DateThe amendments made by this section shall apply to amounts paid or accrued after December 31, 2014.


113 HR 1449 IH: Collegiate Housing and Infrastructure Act of 2013
U.S. House of Representatives
2013-04-09
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
		113th CONGRESS
		1st Session
		H. R. 1449
		IN THE HOUSE OF REPRESENTATIVES

			April 9, 2013
			Mr. Sessions (for
			 himself and Ms. Fudge) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide for
		  collegiate housing and infrastructure grants.

		1.Short titleThis Act may be cited as the
			 Collegiate Housing and Infrastructure
			 Act of 2013.
		2.Charitable
			 organizations permitted to make collegiate housing and infrastructure
			 grants
			(a)In
			 generalSection 501 of the Internal Revenue Code of 1986
			 (relating to exemption from tax on corporations, certain trusts, etc.) is
			 amended by redesignating subsection (s) as subsection (t) and by inserting
			 after subsection (r) the following new subsection:

					(s)Treatment of
				organizations making collegiate housing and infrastructure improvement
				grants
						(1)In
				generalFor purposes of subsection (c)(3) and sections
				170(c)(2)(B), 2055(a)(2), and 2522(a)(2), an organization shall not fail to be
				treated as organized and operated exclusively for charitable or educational
				purposes solely because such organization makes collegiate housing and
				infrastructure grants to an organization described in subsection (c)(7) which
				applies the grant to its collegiate housing property.
						(2)Housing and
				infrastructure grantsFor purposes of paragraph (1), collegiate
				housing and infrastructure grants are grants to provide, improve, operate, or
				maintain collegiate housing property that may involve more than incidental
				social, recreational, or private purposes, so long as such grants are for
				purposes that would be permissible for a dormitory or other residential
				facility of the college or university with which the collegiate housing
				property is associated. A grant shall not be treated as a collegiate housing
				and infrastructure grant for purposes of paragraph (1) to the extent that such
				grant is used to provide physical fitness facilities.
						(3)Collegiate
				housing propertyFor purposes of this subsection, collegiate
				housing property is property in which, at the time of a grant or following the
				acquisition, lease, construction, or modification of such property using such
				grant, substantially all of the residents are full-time students at the college
				or university in the community where such property is located.
						(4)Grants to
				certain organizations holding title to property, etcFor purposes
				of this subsection, a collegiate housing and infrastructure grant to an
				organization described in subsection (c)(2) or (c)(7) holding title to property
				exclusively for the benefit of an organization described in subsection (c)(7)
				shall be considered a grant to the organization described in subsection (c)(7)
				for whose benefit such property is
				held.
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to grants
			 made in taxable years ending after the date of the enactment of this
			 Act.


		II
		111th CONGRESS
		1st Session
		S. 1680
		IN THE SENATE OF THE UNITED STATES

			September 17, 2009
			Mr. Whitehouse
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend titles XVIII and XIX of the Social Security Act
		  to provide the authorized representative of a deceased beneficiary full access
		  to information with respect to the deceased beneficiary's benefits under the
		  Medicare and Medicaid programs.

		1.Short
			 titleThis Act may be cited as
			 the Expanding Access to Medical
			 Records Act.
		2.Full access to
			 medicare information by the authorized representative of a deceased
			 beneficiary
			(a)In
			 generalTitle XVIII of the
			 Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end
			 the following new section:

					1899.Full access to medicare information by the authorized
		  representative of a deceased beneficiary(a)In
				generalIn the case of the death of an individual entitled to, or
				enrolled for, benefits under part A or enrolled for benefits under part B, the
				Secretary shall—
							(1)make available to the authorized
				representative of the individual all information concerning the individual's
				benefits under this title, including—
								(A)the coverage and
				status of such benefits (as of the day before the individual's death);
				and
								(B)billing, claims,
				and payment information regarding items and services furnished to the
				individual under this title (on or before such day); and
								(2)provide such
				authorized representative access to any source of information maintained by the
				Federal government with respect to such benefits, including online databases,
				that the individual had access to during his or her lifetime.
							(b)Definition of
				authorized representative; special rules
							(1)In
				generalIn this section, the term authorized
				representative means an executor, administrator, or other individual who
				has authority to act on the deceased individual's behalf (as determined by the
				Secretary under paragraph (2)).
							(2)Determination
				of authorized representative
								(A)In
				generalThe Secretary shall establish procedures under which the
				Secretary determines whether an individual is an authorized representative of
				the deceased individual. Under such procedures, the individual seeking such
				determination shall provide evidence (in such form and such manner as specified
				by the Secretary) of the individual's legal authority to act on behalf of the
				deceased individual.
								(B)Timeline for
				determinationThe Secretary shall make a determination under
				subparagraph (A) not later than 30 days after receipt of the evidence described
				in such subparagraph.
								(3)Notification
				and access to informationAfter making a determination under
				paragraph (2) with respect to an individual, the Secretary shall—
								(A)notify the
				individual of the determination not later than 7 days after the date on which
				the determination is made; and
								(B)in the case where
				such individual is so determined to be the authorized representative of the
				deceased individual, as soon as practicable—
									(i)make available to
				the authorized representative the information described in paragraph (1) of
				subsection (a); and
									(ii)provide the
				authorized representative access to the sources described in paragraph (2) of
				such
				subsection.
									.
			(b)Effective
			 dateThe amendment made by this section shall take effect on the
			 date that is 60 days after the date of enactment of this Act.
			3.Full access to
			 medicaid information by the authorized representative of a deceased
			 beneficiary
			(a)In
			 GeneralTitle XIX of the Social Security Act (42 U.S.C. 1396 et
			 seq.) is amended by adding at the end the following new section:
				1943.Full access to medicaid information by
		  the authorized representative of a deceased beneficiary(a)In
				GeneralIn the case of the
				death of an individual enrolled under the State plan for medical assistance or
				under a waiver of such plan, the State Medicaid agency shall—
							(1)make available to the authorized
				representative of the individual all information concerning the individual's
				benefits under this title, including—
								(A)the coverage and status of such benefits
				(as of the day before the individual's death); and
								(B)billing, claims, and payment information
				regarding items and services furnished to the individual under this title (on
				or before such day); and
								(2)provide such authorized representative
				access to any source of information maintained by the State with respect to
				such benefits, including online databases, that the individual had access to
				during his or her lifetime.
							(b)Definition of
				authorized representative; special rules
							(1)In this section, the term authorized
				representative means an executor, administrator, or other individual who
				has authority to act on the deceased individual's behalf (as determined by the
				State Medicaid agency under paragraph (2)).
							(2)Determination
				of authorized representative
								(A)In
				generalThe State Medicaid agency shall establish procedures
				under which such agency determines whether an individual qualifies as an
				authorized representative of the deceased individual. Under such procedures,
				the individual seeking such a determination shall provide evidence (in such
				form and such manner as specified by the State Medicaid Agency) of the
				individual's legal authority to act on behalf of the deceased
				individual.
								(B)Timeline for
				determinationThe State Medicaid agency shall make a
				determination under subparagraph (A) not later than 30 days after receipt of
				the evidence described in such subparagraph.
								(3)Notification
				and access to informationAfter making a determination under
				paragraph (2) with respect to an individual, the State Medicaid Agency
				shall—
								(A)notify the
				individual of the determination not later than 7 days after the date on which
				the determination is made; and
								(B)in the case where
				such individual is so determined to be the authorized representative of the
				deceased individual, as soon as practicable—
									(i)make available to
				the authorized representative the information described in paragraph (1) of
				subsection (a); and
									(ii)provide the
				authorized representative access to the sources described in paragraph (2) of
				such subsection.
									(c)Definition of
				State Medicaid agencyThe term State Medicaid agency
				means the State agency responsible for administering the State plan established
				under this title or any waiver of such
				plan.
						.
			(b)Effective
			 date
				(1)In
			 generalExcept as provided in paragraph (2), the amendment made
			 by this section shall take effect on the date that is 60 days after the date of
			 enactment of this Act.
				(2)Extension of
			 effective date for State law amendmentIn the case of a State
			 plan under this title which the Secretary of Health and Human Services
			 determines requires State legislation in order for the plan to meet the
			 additional requirements imposed by the amendment made by subsection (a), the
			 State plan shall not be regarded as failing to comply with the requirements of
			 such title solely on the basis of its failure to meet these additional
			 requirements 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 is considered to be a separate regular session of the State
			 legislature.


109 HR 6020 IH: Linking Educators and Developing Entrepreneurs for

U.S. House of Representatives
2006-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 6020
		IN THE HOUSE OF REPRESENTATIVES

			July 28, 2006
			Mr. Tierney (for
			 himself, Mr. Shimkus,
			 Mr. Case, Mr. Filner, Ms.
			 McCollum of Minnesota, Mr.
			 Hinojosa, Mr. Owens,
			 Mr. McGovern,
			 Mr. Pomeroy,
			 Mr. Bishop of New York,
			 Mr. Meehan,
			 Ms. Baldwin,
			 Mr. Davis of Illinois,
			 Mr. Frank of Massachusetts,
			 Mr. Neal of Massachusetts,
			 Mr. Ryan of Ohio,
			 Mr. Kildee,
			 Mr. Kind, Mr. Capuano, Mr.
			 Grijalva, Mr. Markey,
			 Mr. Scott of Virginia,
			 Mr. Olver,
			 Mr. Allen,
			 Mr. Andrews,
			 Mr. Delahunt,
			 Mrs. Jones of Ohio,
			 Mr. Higgins,
			 Mr. McIntyre,
			 Ms. Slaughter,
			 Mrs. Maloney,
			 Mr. Kennedy of Rhode Island,
			 Mr. Kucinich,
			 Mr. Conyers,
			 Mr. Simmons,
			 Ms. Jackson-Lee of Texas,
			 Ms. Zoe Lofgren of California,
			 Mr. Lynch,
			 Mr. Payne,
			 Mr. George Miller of California,
			 Mr. Wynn, Mr. Honda, Mrs.
			 McCarthy, Mr. Michaud,
			 Ms. Hooley,
			 Mr. McCotter,
			 Mr. Ruppersberger,
			 Mr. Brown of Ohio,
			 Mr. Cleaver,
			 Mr. Fortenberry,
			 Ms. Matsui,
			 Mr. Holt, Mr. Butterfield, Mr.
			 Udall of New Mexico, Mr.
			 McHugh, Mr. Lipinski,
			 Ms. Millender-McDonald,
			 Ms. Moore of Wisconsin,
			 Mr. Ford, Mr. Miller of North Carolina,
			 Mr. Van Hollen,
			 Mr. Gutierrez,
			 Mr. Carnahan,
			 Ms. Eshoo,
			 Ms. Schakowsky, and
			 Mr. Levin) introduced the following
			 bill; which was referred to the Committee
			 on Education and the Workforce

		A BILL
		To support business incubation in academic settings, and
		  for other purposes.

		1.Short title and
			 findings
			(a)Short
			 titleThis Act may be cited as the Linking Educators and Developing Entrepreneurs for
			 Reaching Success (LEADERS) Act.
			(b)FindingsCongress
			 makes the following findings:
				(1)Business
			 incubators housed in academic settings provide unique educational opportunities
			 for students, provide entrepreneurs with enhanced access to a skilled
			 workforce, and bring a wealth of resources to business, academia, and
			 communities.
				(2)Academic
			 affiliated incubators bridge the missions of academic institutions by bringing
			 together education, economic development, and technology commercialization
			 efforts.
				(3)Studies have shown
			 that incubator tenant companies have an average success rate of 87 percent, and
			 90 percent for technology-based incubator tenant companies. These success rates
			 are dramatically higher than the success rates for companies in the general
			 economy.
				(4)Incubator companies
			 are also more likely to remain in the same communities as they grow and to
			 provide high paying jobs and benefits to their employees.
				(5)Business
			 incubators help academic institutions contribute to local goals of sustaining
			 economic development in their surrounding communities.
				(6)Education in
			 entrepreneurship and other business formation skills is essential to business
			 success and sustainable economic development.
				2.PurposeThe purpose of this Act is to encourage
			 entrepreneurship by increasing the role for academia in entrepreneurship by
			 providing space and expertise in an academic setting to house and support new
			 and emerging small businesses.
		3.DefinitionsIn this Act:
			(1)Degree-granting
			 institutionThe term degree-granting institution
			 means an institution of higher education, as defined in
			 section
			 101 of the Higher Education Act
			 of 1965 (20 U.S.C. 1001), that awards an
			 associate or baccalaureate degree.
			(2)IncubatorThe
			 term incubator means an entity affiliated with or housed in a
			 degree-granting institution that provides space and coordinated and specialized
			 services to entrepreneurial businesses which meet selected criteria during the
			 businesses’ startup phase, including providing services such as shared office
			 space and services, access to equipment, access to telecommunications and
			 technology services, flexible leases, specialized management assistance, access
			 to financing, and other coordinated business or technical support
			 services.
			(3)SecretaryThe
			 term Secretary means the Secretary of Education.
			4.Program
			 authorized
			(a)In
			 generalThe Secretary is authorized to support the establishment
			 and development of incubators.
			(b)Allocation of
			 fundsFrom the amount appropriated under section 9, the
			 Secretary—
				(1)shall use 80
			 percent of the amount to—
					(A)make awards, on a
			 competitive basis, in amounts of $500,000 to $750,000, to help acquire or
			 renovate space for incubators; and
					(B)make awards, on a
			 competitive basis, in amounts of $50,000 to $150,000, for developing curricula,
			 providing services (including preparing corporate charters, partnership
			 agreements, and basic contracts, assistance with patents, trademarks, and
			 copyrights, and technology acquisition services), or providing programming for
			 entrepreneurs housed in an incubator;
					(2)shall use 10
			 percent of the amount to make awards, on a competitive basis, in amounts of
			 $50,000 to $150,000, for feasibility studies for determining the need for or
			 siting of incubators; and
				(3)shall use 10
			 percent for research regarding best practices for incubator programs, including
			 the development of a benchmarking system based on uniform measures, and for
			 dissemination of information regarding such practices.
				(c)ContractsThe
			 Secretary is authorized to contract with organizations with expertise in
			 business incubation practices for the purposes of carrying out subsection
			 (b)(3).
			(d)RecipientsThe
			 Secretary shall make an award—
				(1)described in
			 subsection (b)(1) to a nonprofit entity that has a strong affiliation with a
			 degree-granting institution and manages or provides technical assistance to the
			 degree-granting institution’s affiliated incubator, or if no nonprofit entity
			 manages or provides technical assistance to the incubator, to the
			 degree-granting institution managing the incubator; and
				(2)described in
			 subsection (b)(2) to a degree-granting institution, or a nonprofit
			 municipality, city, township, or community development organization.
				5.Uses of
			 fundsFunds awarded under
			 section 4(b)(1)(B) may be used for—
			(1)curriculum,
			 training, or technical assistance developed by academic faculty with
			 participation from entrepreneurship experts and local government
			 leaders;
			(2)programming that
			 contributes to a coordinated set of business assistance tools, such as
			 developing management teams, providing workforce development, forming strategic
			 alliances, developing capital formation networks, and developing customized
			 plans to help entrepreneurs meet the challenges of doing business in their
			 specific communities; and
			(3)hiring staff to
			 coordinate the activities described in paragraph (1) or (2) or for curriculum
			 development.
			6.Applications
			(a)In
			 generalEach entity desiring assistance under this Act shall
			 submit an application to the Secretary at such time, in such manner, and
			 accompanied by such information as the Secretary may require.
			(b)ContentsEach
			 application shall contain an assurance that the activities to be
			 assisted—
				(1)have the support of
			 the municipality, city, or township in which the incubator is housed or
			 proposed to be housed; and
				(2)are consistent
			 with the local economic development plan or strategic master plan.
				(c)PriorityThe
			 Secretary shall give priority to funding applications under this Act that
			 provide strong educational opportunities to students in entrepreneurship, and
			 that require significant collaboration between businesses, academia, and local
			 government and economic development leaders.
			(d)Consideration
				(1)In
			 generalIn addition to applications from other appropriate
			 sources, the Secretary may give consideration to funding applications under
			 this Act that support—
					(A)the building of
			 new incubators;
					(B)incubators located
			 in economically distressed areas;
					(C)incubators with
			 successful graduation rates for tenant companies;
					(D)incubators that
			 have shown demonstrable economic benefits in their surrounding
			 communities;
					(E)incubators that
			 work with faculty entrepreneurs or university-based research; or
					(F)incubators located
			 in rural, inner-city areas, or Indian reservations or pueblos where the
			 presence of an incubator may enhance and diversify the area’s economy through
			 expanded technology commercialization.
					(2)Definition of
			 considerationIn this subsection, the term
			 consideration does not mean priority.
				7.Matching
			 fundsEach entity receiving
			 Federal assistance under section 4(b)(1) shall contribute matching funds, in an
			 amount equal to the amount of Federal assistance received under this Act,
			 toward the costs of the activities assisted under this Act. The non-Federal
			 share required under this section may be provided in the form of in-kind
			 contributions.
		8.ReportThe Secretary, at the end of the third year
			 for which assistance is provided under this Act, shall prepare and submit to
			 Congress a report that—
			(1)describes the most
			 effective or innovative additions to curricula developed under this Act;
			(2)contains a
			 comparison of small business survival rates for small businesses that started
			 up in incubators versus small businesses that did not so start;
			(3)describes factors
			 leading to any success of incubator businesses;
			(4)describes the best
			 role for degree-granting institutions in business incubation; and
			(5)contains a
			 comparison of academic-affiliated incubators of specific missions and ages
			 supported under this Act with incubators with similar missions and ages that
			 are not supported under this Act.
			9.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act $20,000,000 for each of the
			 three fiscal years beginning after the enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 1225
		IN THE SENATE OF THE UNITED STATES

			April 26, 2007
			Mr. Hagel introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish a process for aliens who meet certain
		  conditions to be granted permanent resident status.

		1.Short
			 titleThis Act may be cited as
			 the Immigrant Accountability Act of
			 2007.
		2.Application for
			 change in status
			(a)In
			 generalChapter 5 of title II of the Immigration and Nationality
			 Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the
			 following:

					245B.Adjustment of
				status of certain entrants before January 7, 2004, to that of persons admitted
				for lawful residence
						(a)Conditional
				resident orange card
							(1)IssuanceNot
				later than 30 days after the date on which an alien submits, in person at any
				location designated by the Secretary of Homeland Security, a facially valid
				application for adjustment of status under this section, the Secretary shall
				issue the alien a conditional resident orange card (referred to in this section
				as the orange card) if the alien has passed a background and
				criminal records check conducted by the Secretary under paragraph (3) and is
				not otherwise ineligible for conditional resident status under this section. If
				the background and criminal records check is completed after the 30-day period
				described in this paragraph, the orange card shall be issued to the alien
				immediately after the alien passes such check.
							(2)Application
				form
								(A)In
				generalNot later than 90 days after the date of the enactment of
				this section, the Secretary of Homeland Security shall make available, on the
				Internet and at each post office in the United States—
									(i)an application
				for adjustment of status that meets the requirements described in subparagraphs
				(B) and (C); and
									(ii)a description of
				the point system developed pursuant to subsection (c)(2).
									(B)ContentsThe
				application form described in subparagraph (A) shall contain spaces for the
				alien to record—
									(i)the full name of
				the alien, including maiden name and any aliases used;
									(ii)the date of
				birth of the alien;
									(iii)the country of
				origin or nationality of the alien;
									(iv)the date on
				which the alien last entered the United States and the means of such
				entry;
									(v)a preexisting
				alien number, if applicable;
									(vi)any social
				security number or tax identification number used by the alien;
									(vii)the current
				physical address of the alien and the mailing address of the alien, if
				different;
									(viii)the current
				telephone number and e-mail address of the alien, if applicable;
									(ix)the information
				described in clauses (i) through (viii) for the spouse or children of the alien
				who are applying for a adjustment of status under this section;
									(x)a
				sworn statement that the alien—
										(I)is unlawfully
				present in the United States;
										(II)intends to apply
				for adjustment of status under this section; and
										(III)is eligible for
				conditional resident status; and
										(xi)any other
				information that the Secretary requires the alien to submit.
									(C)PenaltiesThe
				application form described in subparagraph (A) shall—
									(i)include the last
				date on which an application for adjustment of status may be submitted;
									(ii)clearly
				identify, in English and Spanish, the penalties for submitting false
				information in an application under this subsection; and
									(iii)require each
				applicant to sign the application, under penalty of perjury and
				inadmissibility, to attest to its accuracy.
									(3)Security and
				law enforcement background checks
								(A)Principal
				alienAn alien may not be issued an orange card unless the alien
				submits biometric data, including a photograph and fingerprints, in accordance
				with procedures established by the Secretary of Homeland Security. Not later
				than 90 days after the date on which fingerprints are obtained from an alien
				under this subparagraph, the Secretary shall compare the alien’s name and
				fingerprints against appropriate Federal databases for information relating to
				criminal, national security, or other law enforcement actions to determine if
				the alien is eligible for an orange card.
								(B)Family
				membersThe spouse and any children of an alien described in
				subparagraph (A) who are not younger than 13 years of age and are not lawfully
				present in the United States shall also submit biometric data, including a
				photograph and fingerprints, in accordance with procedures established by the
				Secretary of Homeland Security. Not later than 90 days after the date on which
				fingerprints are obtained from a spouse or child under this subparagraph, the
				Secretary shall compare the alien’s name and fingerprints against appropriate
				Federal databases for information relating to criminal, national security, or
				other law enforcement actions to determine if the spouse or child is eligible
				for an orange card.
								(4)FeaturesEach
				orange card shall—
								(A)contain the
				alien’s full name and physical address;
								(B)include
				fraud-resistant features and biometric identifiers, as determined by the
				Secretary;
								(C)meet all current
				requirements established by the Secretary of Homeland Security for travel
				documents, including the requirements under section 403 of the Illegal
				Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
				note);
								(D)include, in bold
				letters, the following: This card is evidence of conditional resident
				status and work authorization.; and
								(E)clearly indicate
				the date on which the card is scheduled to expire.
								(5)Expiration
								(A)In
				generalAn orange card issued to an alien shall expire on the
				earlier of—
									(i)81/2
				years after the date on which the card is issued to the alien;
									(ii)the date on
				which the Secretary of Homeland Security determines that the alien is
				inadmissible, ineligible for such status, or cannot possibly earn sufficient
				points under subsection (c)(2) to be granted a adjustment of status under
				subsection (c);
									(iii)the date on
				which the Secretary revokes the alien’s conditional resident status under
				subparagraph (C); or
									(iv)the date on
				which the Secretary adjusts the alien’s status to that of an alien lawfully
				admitted for permanent residence.
									(B)WaiverThe
				expiration date described in subparagraph (A)(i) may be extended by the
				Secretary for an alien whose application for adjustment of status has not been
				processed due to a backlog of applications.
								(C)Revocation
									(i)In
				generalExcept as provided under clause (ii), the Secretary may
				revoke the conditional resident status of an alien who fails to maintain
				employment for more than 90 consecutive days.
									(ii)ExceptionsClause
				(i) shall not apply to an alien during any period in which the alien—
										(I)is enrolled as a
				full time student;
										(II)cannot
				demonstrate employment based on a physical or mental disability or as a result
				of pregnancy; or
										(III)is older than
				65 years of age.
										(6)Benefits of
				conditional resident statusAn alien who is granted conditional
				resident status and is issued an orange card—
								(A)shall be granted
				employment authorization pending final adjudication of the alien’s application
				for adjustment of status;
								(B)shall be granted
				permission to travel abroad pursuant to regulation pending final adjudication
				of the alien’s application for adjustment of status;
								(C)shall not be
				detained, determined inadmissible or deportable, or removed pending final
				adjudication of the alien’s application for adjustment of status, unless the
				Secretary determines that the alien is inadmissible or ineligible for such
				adjustment of status under subsection (c); and
								(D)shall not be
				considered an unauthorized alien as defined in section 274A(i) until such time
				as employment authorization under paragraph (1) is denied.
								(7)Stay of
				removalOn or before the date described in subsection (b)(3)(A),
				a court may grant a stay of removal for an alien who can demonstrate prima
				facie eligibility for conditional resident status under this subsection.
							(8)Enumeration of Social Security
				numberThe Secretary of
				Homeland Security, in coordination with the Commissioner of Social Security,
				shall implement a system to allow for the enumeration of a Social Security
				number and production of a Social Security card at the time the Secretary
				issues an orange card to an alien under this subsection.
							(b)Application
				process
							(1)CommencementThe
				Secretary of Homeland Security shall begin accepting applications for
				adjustment of status under this section not later than 30 days after the date
				on which the application form described in subsection (a)(2) is first made
				publicly available. The Secretary shall ensure that the application process is
				secure and incorporates antifraud protection.
							(2)In
				personEach alien applying for adjustment of status under this
				section shall submit, in person at any of the locations designated by the
				Secretary, 2 copies of a completed application for adjustment of status. In
				addition to the information described in subsection (a)(2), the application
				shall include a current photograph of the alien and a full set of fingerprints,
				which shall be collected at the time the application is submitted. The official
				shall imprint each copy with the name of the application service center and the
				date on which the application was submitted and return 1 copy of the
				application to the applicant.
							(3)Application
				deadline
								(A)In
				generalAn alien is ineligible for adjustment of status unless
				the alien submits an application for adjustment of status not later than 180
				days after the date on which the application form is first made publicly
				available. The provisions of paragraph (5) and (6) of subsection (c) shall
				apply to applications filed under this section.
								(B)UpdateAn
				alien may update an application submitted before the deadline described in
				subparagraph (A) by submitting evidence that the alien has earned sufficient
				points to qualify for adjustment of status under this section or updating any
				other information described in subsection (a)(2)(B). Such update shall be
				submitted not later than 8 years after the date on which the initial
				application was submitted.
								(c)adjustment of
				status
							(1)Adjustment of
				status
								(A)In
				generalNotwithstanding any other provision of law, the Secretary
				of Homeland Security shall adjust the status of an alien who has a valid orange
				card to that of an alien lawful admitted for permanent residence if the alien
				satisfies the requirements under this paragraph and earns at least 65 percent
				of the base points available under paragraph (2).
								(B)Continuous
				physical presence
									(i)In
				generalThe alien shall establish that the alien—
										(I)was physically
				present in the United States on or before January 7, 2004;
										(II)was not legally
				present in the United States on January 7, 2004, under any classification set
				forth in section 101(a)(15); and
										(III)did not depart
				from the United States since January 7, 2004, for more than brief
				periods.
										(ii)Legally
				presentFor purposes of this subparagraph, an alien who has
				violated any conditions of the alien’s visa shall be considered not to be
				legally present in the United States.
									(C)Evidence of
				physical presence and work
									(i)Conclusive
				documentsAn alien may satisfy the physical presence requirements
				under subparagraph (B), and earn base points for work and physical presence
				under paragraph (2)(B), by submitting at least 2 of the following documents for
				each period of physical presence or work, which shall be considered conclusive
				evidence of physical presence or work in the United States:
										(I)Records
				maintained by the Social Security Administration.
										(II)Records
				maintained by an employer, such as pay stubs, time sheets, or employment work
				verification.
										(III)Records
				maintained by the Internal Revenue Service.
										(IV)Records
				maintained by a union or day labor center.
										(V)Records
				maintained by any other government agency, such as worker compensation records,
				disability records, or business licensing records.
										(VI)Any other
				document that the Secretary determines to be reliable to establish physical
				presence.
										(ii)Other
				documentsAn alien who is unable to submit a document described
				in clause (i) may satisfy the physical presence requirements under subparagraph
				(B), and earn base points for work and physical presence under paragraph
				(2)(B), by submitting to the Secretary at least 3 other types of reliable
				documents that provide evidence of physical presence for each required period,
				including—
										(I)bank
				records;
										(II)business
				records;
										(III)rent payment
				records;
										(IV)school records;
				or
										(V)remittance
				records.
										(iii)Burden of
				proof
										(I)AlienAn
				alien applying for adjustment of status under this subsection has the burden to
				prove, by a preponderance of the evidence, that the alien has satisfied the
				physical presence requirement under subparagraph (B).
										(II)SecretaryIf
				the alien meets the burden of proof described in subclause (I), the Secretary
				of Homeland Security has the burden to disprove the alien’s evidence with a
				showing that negates the reasonableness of the inference to be drawn from the
				evidence.
										(D)Admissible
				under immigration lawsThe alien shall establish that the alien
				is not inadmissible under section 212(a), except for any provision of that
				section that is waived under paragraph (4).
								(E)Fees;
				finesAn alien who files an application for adjustment of status
				shall pay—
									(i)a
				fee commensurate with levels charged by the Secretary of Homeland Security for
				other applications for adjustment of status; and
									(ii)a fine of
				$2,000, if the alien is not less than 18 years of age.
									(F)Payment of
				income taxes
									(i)In
				generalBefore the status of an alien is adjusted under this
				section to that of an alien lawful admitted for permanent residence, the alien
				shall establish the payment of any applicable Federal or State income tax
				liability by establishing that—
										(I)no such income
				tax liability exists; or
										(II)all outstanding
				income tax liabilities have been paid.
										(ii)IRS
				cooperationThe Secretary of the Treasury shall establish rules
				and procedures under which the Commissioner of Internal Revenue shall provide
				documentation to an alien upon request to establish the payment of income taxes
				under this subparagraph.
									(iii)LimitationAn
				alien who is required to establish the payment of income taxes under this
				subparagraph, or who otherwise satisfies the requirements under clause (i), may
				not—
										(I)collect any
				income tax refund for any taxable year before 2006; or
										(II)file any claim
				for the Earned Income Tax Credit or any other tax credit otherwise allowable
				under the tax code before any taxable year before 2006.
										(iv)Applicable
				federal or state income tax liabilityIn this subparagraph, the
				term applicable Federal or State income tax liability means
				liability for Federal or State income taxes, including penalties and interest,
				owed by the alien.
									(v)Savings
				provisionNothing in this subparagraph shall affect any income
				tax liability or other financial obligation of the alien under Federal or State
				law.
									(G)Basic
				citizenship skills
									(i)In
				generalExcept as provided under clause (ii), the alien shall
				demonstrate compliance with the requirements under section 312(a) before the
				alien’s status is adjusted under this subsection.
									(ii)Exceptions
										(I)MandatoryClause
				(i) shall not apply to any person who is unable to comply with those
				requirements because of a physical or developmental disability or mental
				impairment.
										(II)DiscretionaryThe
				Secretary of Homeland Security may waive any requirement referred to in clause
				(i).
										(H)Medical
				examinationThe alien may be required, at the alien’s expense, to
				undergo an appropriate medical examination, including a determination of
				immunization status, that conforms to generally accepted professional standards
				of medical practice.
								(I)Military
				selective serviceIf the alien is required to register under
				section 3 of the Military Selective Service Act (50 U.S.C. App. 453), the alien
				shall establish that he has registered under such section.
								(J)Adjustment of
				status
									(i)In
				generalExcept as provided in clause (ii), the Secretary of
				Homeland Security may not adjust the status of an alien under this section to
				that of an alien lawfully admitted for permanent residence until the later
				of—
										(I)the date on which
				the Secretary determines that the priority dates have become current for the
				class of aliens whose family-based or employment-based petitions for permanent
				residence were pending on the date of the enactment of this Act; or
										(II)8 years after
				the date on which the application for adjustment of status becomes available
				under subsection (a)(2).
										(ii)AuthorizationThe
				Secretary may, on a case-by-case basis, adjust the status of an alien under
				this section to that of an alien lawfully admitted for permanent residence
				before the date described in clause (i).
									(iii)Notification
				of provisional approvalThe Secretary shall notify each alien who
				is determined to be eligible for adjustment of status under this section, that
				the alien has been provisionally approved for adjustment of status to that of a
				person admitted for permanent residence as of the date described in clause
				(i).
									(K)Final
				adjudicationThe Secretary of Homeland Security shall ensure that
				all applications for adjustment of status are adjudicated not later than 9
				years after the date on which the application form is first made available
				under subsection (a)(2).
								(2)Point
				system
								(A)In
				generalNot later than 90 days after the date of the enactment of
				this section, the Secretary of Homeland Security shall establish, by
				regulation, a point system through which an alien to whom an orange card has
				been issued may become eligible for a adjustment of status under this
				subsection if, in addition to complying with the requirements under subsection
				(a), the alien earns points equal to at least 65 percent of the base points
				available under subparagraph (B), which may include points accumulated under
				subparagraph (C), before the end of the 8-year period beginning on the date on
				which the application for adjustment of status becomes available under
				subsection (a)(2).
								(B)Base
				points
									(i)Work in the
				united statesNot more than 5 percent of the base points
				available under this subparagraph shall be available to an alien for each year
				in which the alien worked in the United States, as determined by the Secretary,
				up to a cumulative total of not more than 30 percent of the base points. Not
				less than 15 percent of the base points available under this subparagraph shall
				be available under this clause.
									(ii)Presence in
				the united statesNot more than 5 percent of the base points
				shall be available to an alien for each year in which the alien was present in
				the United States, as determined by the Secretary, up to a cumulative total of
				not more than 20 percent of the base points. Not less than 10 percent of the
				base points available under this subparagraph shall be available under this
				clause.
									(iii)Civic
				engagementNot less than 5 percent and not more than 20 percent
				of the base points shall be available to an alien for the following group of
				activities:
										(I)The alien has
				paid all Federal and State income taxes owed during employment in the United
				States on or before such taxes were due.
										(II)The alien has
				not been convicted of violating any Federal or State law during the alien’s
				presence in the United States (except for illegal entry and remaining in the
				United States beyond authorized period).
										(III)The alien has
				provided reliable documentation of community service in the United
				States.
										(iv)EducationNot
				less than 15 percent and not more than 30 percent of the base points shall be
				available to an alien for the following group of activities:
										(I)The alien has
				completed primary school.
										(II)The alien has
				earned a certificate of graduation from a school providing secondary education,
				or the recognized equivalent of such a certificate.
										(III)The alien
				possesses a license in a skilled trade.
										(v)Family
				relations to nationals of the United StatesNot less than 10
				percent and not more than 20 percent of the base points shall be available to
				an alien under the following circumstances:
										(I)The alien was the
				parent of a United States citizen on January 1, 2007.
										(II)The alien has
				been married to a citizen or legal permanent resident of the United States
				since January 1, 2007.
										(vi)Language
				abilityNot less than 5 percent and not more than 15 percent of
				the base points shall be available to an alien based on English proficiency, as
				determined by the Secretary.
									(C)Extra points
				for additional contributions to societyIn addition to the points
				available under subparagraph (B), an alien may earn points under this
				subparagraph equal to not more than—
									(i)a
				cumulative total of 15 percent of the base points available under subparagraph
				(B) if the alien has successfully completed an associates, bachelors, masters,
				or doctorate degree from an accredited college or university;
									(ii)20 percent of
				such base points if the alien is eligible for honorable release, or has been
				honorably released, from service in the Armed Forces of the United
				States;
									(iii)10 percent of
				such base points if the alien owned a business that employed at least 2
				nonrelatives in the United States for at least 18 months;
									(iv)5 percent of
				such base points if the alien owns a residence in the United States; and
									(v)20 percent of
				such base points for other circumstances determined by the Secretary.
									(D)RulemakingThe
				Secretary of Homeland Security shall promulgate regulations to establish the
				number of points available for each of the criteria described in this
				paragraph.
								(3)Spouses and
				children
								(A)Adjustment of
				status
									(i)In
				generalExcept as otherwise provided under this section, the
				Secretary of Homeland Security shall adjust the status of the spouse, or child
				who was younger than 21 years of age on the date of enactment of this Act, of
				an alien whose status is adjusted under paragraph (1) to that of a lawful
				permanent resident.
									(ii)Victims of
				domestic violenceThe Secretary shall adjust the status of an
				alien who, before January 7, 2004, was the spouse or child of an alien who is
				eligible for adjustment of status under paragraph (1), if—
										(I)the termination
				of the qualifying relationship was connected to domestic violence; or
										(II)the spouse or
				child has been battered or subjected to extreme cruelty by the spouse or parent
				described in this subparagraph.
										(iii)Application
				of other lawIn acting on applications filed under this
				subparagraph with respect to aliens who have been battered or subjected to
				extreme cruelty, the Secretary shall apply—
										(I)the provisions of
				section 204(a)(1)(J); and
										(II)the protections,
				prohibitions, and penalties under section 384 of the Illegal Immigration Reform
				and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
										(B)Grounds of
				inadmissibility not applicableIn establishing admissibility to
				the United States, the spouse or child described in subparagraph (A) shall
				establish that he or she is not inadmissible under section 212(a), except for
				any provision of that section that is waived under paragraph (4).
								(4)Grounds of
				inadmissibility
								(A)Applicable
				provisionsIn determining an alien’s admissibility under
				paragraphs (1)(D) and (3)(B), the Secretary of Homeland Security may not waive,
				under subparagraph (C)(i)—
									(i)paragraph (1)
				(relating to health);
									(ii)paragraph (2)
				(relating to criminals);
									(iii)paragraph (3)
				(relating to security and related grounds); or
									(iv)subparagraphs
				(A) and (C) of paragraph (10) (relating to polygamists and child
				abductors).
									(B)Grounds of
				inadmissibility not applicableParagraphs (5), (6) (except
				subparagraphs (D) and (E)), (7), (9) (other than subparagraph (C)(i)(II)), and
				(10)(B) of section 212(a) shall not apply to an alien who is applying for an
				adjustment of status under this subsection.
								(C)Waiver of other
				grounds
									(i)In
				generalExcept as provided under subparagraph (A), the Secretary
				of Homeland Security may waive, for individual aliens, the application of any
				provision of section 212(a) for humanitarian purposes, to ensure family unity,
				or if such waiver is otherwise in the public interest.
									(ii)ConstructionNothing
				in this subparagraph may be construed to affect the authority of the Secretary,
				other than under this subparagraph, to waive the provisions of section
				212(a).
									(D)Special rule
				for determination of public chargeAn alien is not ineligible for
				adjustment of status under this subsection by reason of a ground of
				inadmissibility under section 212(a)(4) if the alien establishes a history of
				employment in the United States evidencing self-support without public cash
				assistance.
								(E)Special rule
				for individuals where there is no commercial purposeAn alien is
				not ineligible for adjustment of status under this subsection by reason of a
				ground of inadmissibility under section 212(a)(6)(E) if the alien establishes
				that the action referred to in that section was taken for humanitarian
				purposes, to ensure family unity, or was otherwise in the public
				interest.
								(F)Applicability
				of other provisionsSections 240B(d) and 241(a)(5) shall not
				apply with respect to an alien who is applying for adjustment of status under
				this subsection.
								(G)IneligibilityAn
				alien is ineligible for an adjustment of status under this section if the alien
				has been convicted of a felony or more than 1 misdemeanor.
								(5)Confidentiality
				of information
								(A)In
				generalExcept as otherwise provided under this subsection,
				Federal agencies and officers and employees of such agencies may not—
									(i)use the
				information furnished by the applicant pursuant to an application filed under
				this section for any purpose other than to make a determination on the
				application;
									(ii)make any
				publication through which the information furnished by any particular applicant
				can be identified; or
									(iii)permit anyone
				other than the sworn officers and employees of such agency, bureau, or approved
				entity, as approved by the Secretary of Homeland Security, to examine
				individual applications that have been filed.
									(B)Required
				disclosuresThe Secretary of Homeland Security and the Secretary
				of State shall provide the information furnished pursuant to an application
				filed under this section, and any other information derived from such furnished
				information, to a duly recognized law enforcement entity in connection with a
				criminal investigation or prosecution or a national security investigation or
				prosecution, in each instance about an individual suspect or group of suspects,
				when such information is requested in writing by such entity.
								(C)Criminal
				penaltyAny person who knowingly uses, publishes, or permits
				information to be examined in violation of this paragraph shall be fined not
				more than $10,000.
								(6)Penalties for
				false statements in applications
								(A)Criminal
				penalty
									(i)ViolationIt
				shall be unlawful for any person to—
										(I)file or assist in
				filing an application for adjustment of status under this section and knowingly
				and willfully falsify, conceal, or cover up a material fact or make any false,
				fictitious, or fraudulent statements or representations, or make or use any
				false writing or document knowing the same to contain any false, fictitious, or
				fraudulent statement or entry; or
										(II)create or supply
				a false writing or document for use in making such an application.
										(ii)PenaltyAny
				person who violates clause (i) shall be fined in accordance with title 18,
				United States Code, imprisoned not more than 5 years, or both.
									(B)InadmissibilityAn
				alien who is convicted of a crime under subparagraph (A) is inadmissible to the
				United States.
								(C)ExceptionNotwithstanding
				subparagraphs (A) and (B), any alien or other entity (including an employer or
				union) that submits an employment record that contains incorrect data that the
				alien used in order to obtain such employment, shall not have violated this
				subsection.
								(7)Nonapplicability
				of numerical limitationsThe number of immigrant visas authorized
				to be issued under any this Act shall not be reduced as a result of the
				adjustment of status of an alien under this subsection.
							(8)Termination of
				proceedingsAn alien in removal proceedings who establishes prima
				facie eligibility for adjustment of status under this subsection shall be
				entitled to termination of the proceedings pending the outcome of the alien’s
				application, unless the Secretary determines that the alien is inadmissible or
				ineligible for such adjustment of status under subsection (d).
							(9)Ineligibility
				for public benefitsFor
				purposes of section 403 of the Personal Responsibility and Work Opportunity
				Reconciliation Act of 1996 (8 U.S.C. 1613), an alien whose status has been
				adjusted under this subsection shall not be eligible for any Federal
				means-tested public benefit unless the alien meets the alien eligibility
				criteria for such benefit under title IV of such Act (8 U.S.C. 1601 et
				seq.).
							(10)Relationships
				of application to certain ordersThe Secretary of Homeland
				Security may stay the deportation of an alien who is present in the United
				States and has been ordered excluded, deported, removed, or to depart
				voluntarily from the United States or is subject to reinstatement of removal
				under any provision of this Act if the alien demonstrates prima facie
				eligibility for adjustment of status under this subsection. If the Secretary
				grants the application, the order shall be canceled. If the Secretary of
				Homeland Security renders a final administrative decision to deny the
				application, such order shall be effective and enforceable.
							(11)Application of
				other provisionsNothing in this subsection shall preclude an
				alien who may be eligible for adjustment of status under this subsection from
				seeking such status under any other provision of law for which the alien may be
				eligible.
							(12)Dissemination
				of information on adjustment programDuring the 1-year period
				following the issuance of final regulations under subsection (d), the Secretary
				of Homeland Security, in cooperation with entities approved by the Secretary,
				shall broadly disseminate information respecting adjustment of status and the
				requirements for obtaining such status—
								(A)through
				television, radio, and print media sources to which such aliens would have
				access in the languages most commonly spoken in the 15 countries from which the
				most aliens arrived who would qualify for adjustment of status under this
				subsection;
								(B)to employers and
				labor unions to advise them of the rights and protections available to them;
				and
								(C)to workers who
				file applications under this section.
								(13)Authorization
				of appropriations; use of amounts collected
								(A)Authorization
				of appropriationsThere are authorized to be appropriated to the
				Secretary of Homeland Security such sums as may be necessary to commence the
				processing of applications filed under this section.
								(B)Use of amounts
				collectedThe Secretary shall deposit fees and fines received
				under paragraph (1)(E) in the Immigration Examinations Fee Account established
				under section 286 to be used, without fiscal year limitation, for—
									(i)implementing and
				processing applications under this section, including expedited processing of
				criminal and national security background checks;
									(ii)administrative
				and other expenses incurred in connection with the review of applications filed
				by immediate relatives of aliens applying for adjustment of status under this
				section; and
									(iii)border security
				purposes.
									(d)RulemakingNot later than 180 days after the date of
				the enactment of the Immigrant Accountability
				Act of 2007, the Secretary of Homeland Security shall promulgate
				regulations to carry out this section.
						(e)Statutory
				constructionNothing in this section shall be construed to create
				any substantive or procedural right or benefit that is legally enforceable by
				any party against the United States or its agencies or officers or any other
				person.
						(f)Authorization
				of appropriationsThere are authorized to be appropriated such
				amounts as may be necessary for facilities, personnel (including consular
				officers), training, technology, and processing necessary to carry out this
				section.
						.
			(b)Clerical
			 amendmentThe table of contents of the Immigration and
			 Nationality Act is amended by inserting after the item relating to section 245B
			 the following:

						Sec. 245B. Adjustment of status of certain entrants before
				January 7, 2004, to that of persons admitted for lawful
				residence.

					.
			3.Correction of
			 Social Security recordsSection 208(e)(1) of the
			 Social Security Act (42 U.S.C.
			 408(e)(1)) is amended—
			(1)in subparagraph
			 (B)(ii), by striking or at the end;
			(2)in subparagraph
			 (C), by inserting or at the end;
			(3)by inserting
			 after subparagraph (C) the following:

					(D)whose status is
				adjusted to that of lawful permanent resident under section 245B of the
				Immigration and Nationality
				Act,
					;
				and
			(4)by striking
			 1990. and inserting 1990, or in the case of an alien
			 described in subparagraph (D), if such conduct is alleged to have occurred
			 prior to the date on which the alien became lawfully admitted for temporary
			 residence..
			4.Eligibility for
			 military enlistment
			(a)ArmySection
			 3253 of title 10, United States Code, is amended—
				(1)by striking
			 he is a citizen of the United States or and inserting the
			 person is a citizen of the United States,; and
				(2)by inserting
			 , or has been issued a conditional resident orange card under section
			 245B of such Act before the period at the end.
				(b)Air
			 ForceSection 8253 of title 10, United States Code, is
			 amended—
				(1)by striking
			 he is a citizen of the United States or and inserting the
			 person is a citizen of the United States,; and
				(2)by inserting
			 , or has been issued a conditional resident orange card under section
			 245B of such Act before the period at the end.


117 HR 1139 IH: Feeding Homeless Youth During COVID–19 Act
U.S. House of Representatives
2021-02-18
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.

I117th CONGRESS1st SessionH. R. 1139IN THE HOUSE OF REPRESENTATIVESFebruary 18, 2021Ms. Jayapal (for herself and Ms. Stefanik) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo reimburse meals and supplements provided to individuals who have not attained the age of 25 under certain meal programs authorized under the Richard B. Russell National School Lunch Act, and for other purposes.1.Short titleThis Act may be cited as the Feeding Homeless Youth During COVID–19 Act. 2.Meals and supplements reimbursements for individuals who have not attained the age of 25(a)Program for at-Risk school childrenBeginning on the date of enactment of this section, notwithstanding paragraph (1)(A) of section 17(r) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(r)), during the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary shall reimburse institutions that are emergency shelters under such section 17(r) (42 U.S.C. 1766(r)) for meals and supplements served to individuals who, at the time of such service—(1)have not attained the age of 25; and(2)are receiving assistance, including non-residential assistance, from such emergency shelter.(b)Participation by emergency sheltersBeginning on the date of enactment of this section, notwithstanding paragraph (5)(A) of section 17(t) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(t)), during the COVID–19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary shall reimburse emergency shelters under such section 17(t) (42 U.S.C. 1766(t)) for meals and supplements served to individuals who, at the time of such service have not attained the age of 25.(c)DefinitionsIn this section:(1)Emergency shelterThe term emergency shelter has the meaning given the term under section 17(t)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(t)(1)).(2)SecretaryThe term Secretary means the Secretary of Agriculture.


115 HR 3649 IH: Fair CRP Payments Act
U.S. House of Representatives
2017-08-11
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. 3649IN THE HOUSE OF REPRESENTATIVESAugust 11, 2017Mrs. Noem introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Food Security Act of 1985 with respect to annual estimates under the conservation
			 reserve program.

 1.Short titleThis Act may be cited as the Fair CRP Payments Act. 2.Annual estimatesSection 1234(d)(5)(A) of the Food Security Act of 1985 (16 U.S.C. 3834(d)(5)(A)) is amended by striking every other year and inserting every year.


114 HR 2172 IH: To establish a pilot toll credit market place program, and for other purposes.
U.S. House of Representatives
2015-04-30
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. 2172
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2015
			Mr. Lipinski (for himself and Mr. Duncan of Tennessee) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To establish a pilot toll credit market place program, and for other purposes.

		1.Toll credit marketplace pilot program
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to develop a toll credit marketplace for States to buy and sell toll credits.
 (b)PurposesThe purposes of the pilot program are— (1)to identify whether a monetary value can be assigned to toll credits;
 (2)to identify the discounted rate of toll credits for cash; (3)to determine if the purchase of toll credits by States provides the purchasing State budget flexibility to deal with funding issues, including off-system needs, transit systems with high operating costs, or cash flow issues; and
 (4)to test the feasibility of expanding the toll credit market to allow all States to participate on a permanent basis.
 (c)Administration of pilot programIn carrying out the pilot program under this Act, the Secretary, working through the Administrator of the Federal Highway Administration, shall determine how a toll credit marketplace will work and—
 (1)establish an online platform that allows participating States to offer and bid on toll credit purchases;
 (2)not later than 90 days after the date of enactment of this Act, provide notice to States that the Federal Highway Administration requests participants for the toll credit marketplace;
 (3)allow States that maintain a toll credit balance accumulated before the enactment of this Act and States that do not maintain infrastructure for the collection of toll credits or have not accumulated a toll credit balance to participate in the pilot program; and
 (4)not allow a State to purchase or sell toll credits in an amount that is less than 5 percent of the toll credit’s value if applied as a non-Federal share requirement under section 120(i)(1) of title 23, United States Code.
				(d)Reporting requirements
 (1)Initial reportNot later than 180 days after notice of the pilot program is provided to the States under subsection (c)(2), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on the progress of the toll credit marketplace.
 (2)State reportNot later than 30 days after a purchase or sale in the toll credit marketplace, a State selling toll credits shall provide the Administrator of the Federal Highway Administration with information on the transaction, the amount of cash received and the value of toll credits sold, on the intended use of the cash, and an update on the State’s remaining toll credit balance. A State purchasing toll credits shall provide the Administrator of the Federal Highway Administration with information on the value of toll credits purchased, the anticipated use of the toll credits, and plans for maintaining maintenance of effort for spending on Federal-aid highways projects.
 (3)Annual reportNot later than 1 year and after notice is given under subsection (c)(2) and each year thereafter that the pilot program is in effect, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make such report publicly available on its website that—
 (A)determines whether a toll credit marketplace is viable; (B)describes of the buying and selling activities of the toll credit marketplace;
 (C)determines of the monetary value of toll credits; (D)determines whether the pilot program could be expanded to more States and or all States; and
 (E)provides updated information on the toll credit balance accumulated by each State. (e)Definitions (1)SecretaryThe term Secretary means the Secretary of Transportation.
 (2)Toll creditThe term toll credit means the credit that can be used for non-Federal share under section 120(i) of title 23, United States Code.
 (3)Toll credit marketplaceThe term toll credit marketplace means a market where toll credits can be purchased and sold by States participating in the pilot program.
 (4)StateThe term State means each of the 50 States, the District of Columbia, Puerto Rico, and any territory or possession of the United States, including the Virgin Islands.
 (f)Maintenance of effortA State participating in the toll credit marketplace shall continue to be subject to requirements of section 120(i)(2) of title 23, United States Code.
			(g)Use of funds received for the sale
 (1)CertificationA State receiving funds in exchange for a toll credit shall be required to certify that the proceeds will be used for highway, transit, and other related projects and must receive approval from the Federal Highway Administration before expending such funds.
 (2)ApprovalNot later than 30 days after the receipt of a certification under paragraph (1), the Federal Highway Administration shall send a notice of decision approving or rejecting the State’s submission. A notice of disapproval shall be accompanied by an explanation of the grounds for disapproval and provide recommendations for resubmitting a certification that will be approved.
 (3)AppealNot later than 30 days after a State receives a notice of decision to reject its submission, such State may appeal the decision to the Secretary of Transportation who, not later than 60 days after receipt, shall review and adjudicate such appeal.
				(h)Metropolitan planning organization and local government toll credit allocation
 (1)Purchase of toll creditsUpon request of an interested metropolitan planning organization or local government, a State may purchase toll credits on behalf of a metropolitan planning organization or local government upon request and timely payment of the amount of such credits by such organization or government.
 (2)Allocation of toll creditsA State purchasing toll credits without prior requests from a metropolitan planning organization or local government may allocate those toll credits for use by a metropolitan planning organization or local government upon approval by the board of leadership of such metropolitan planning organization or local government.
				(i)Limitation on use of Federal funds for the purchase of toll credits
 (1)Limitation on Federal fundsA State, metropolitan planning organization, or local government may not use Federal funds to purchase toll credits on the toll credit marketplace.
 (2)Use of toll creditsAny recipient of Federal funding under Title 23 or Title 49 that purchases toll credits under this Act may not use such toll credits for more than 10 percent of its annual apportionment in any fiscal year.
				2.Toll credit eligibility as collateral under the Railroad Rehabilitation and Improvement Financing
 ProgramSection 822(f) of title 45, United States Code, is amended by adding after section 822(f)(2)(A) the following:

 (i)collateral that is eligible for use in an application includes credits earned under section 120(i) of title 23, United States Code..


115 HRES 185 IH: Calling on the Government of Iran to fulfill repeated promises of assistance in the case of Robert Levinson, the longest held United States civilian in our Nation’s history.
U.S. House of Representatives
2017-03-09
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.

IV115th CONGRESS1st SessionH. RES. 185IN THE HOUSE OF REPRESENTATIVESMarch 9, 2017Mr. Deutch (for himself and Ms. Ros-Lehtinen) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONCalling on the Government of Iran to fulfill repeated promises of assistance in the case of Robert
			 Levinson, the longest held United States civilian in our Nation’s history.

 Whereas United States citizen Robert Levinson is a retired agent of the Federal Bureau of Investigation (FBI), a resident of Coral Springs, Florida, the husband of Christine Levinson, father of their seven children, and grandfather of their six grandchildren;
 Whereas Robert Levinson traveled from Dubai, United Arab Emirates, to Kish Island, Iran, on March 8, 2007;
 Whereas, after traveling to Kish Island and checking into the Hotel Maryam, Robert Levinson disappeared on March 9, 2007;
 Whereas, in December 2007, Robert Levinson's wife, Christine, traveled to Kish Island to retrace Mr. Levinson’s steps and met with officials of the Government of Iran who pledged to help in the investigation;
 Whereas for 10 years, the United States Government has continually pressed the Government of Iran to provide any information on the whereabouts of Robert Levinson and to help ensure his prompt and safe return to his family;
 Whereas officials of the Government of Iran promised their continued assistance to the relatives of Robert Levinson during the visit of the family to the Islamic Republic of Iran in December 2007;
 Whereas, in November 2010, the Levinson family received a video of Mr. Levinson in captivity, representing the first proof of life since his disappearance and providing some initial indications that he was being held somewhere in southwest Asia;
 Whereas, in April 2011, the Levinson family received a series of pictures of Mr. Levinson, which provided further indications that he was being held somewhere in southwest Asia;
 Whereas Secretary of State John Kerry stated on August 28, 2013, The United States respectfully asks the Government of the Islamic Republic of Iran to work cooperatively with us in our efforts to help U.S. citizen Robert Levinson.;
 Whereas, on September 28, 2013, during the first direct phone conversation between the heads of governments of the United States and Iran since 1979, President Barack Obama raised the case of Robert Levinson to President of Iran Hassan Rouhani and urged the President of Iran to help locate Mr. Levinson and reunite him with his family;
 Whereas, on August 29, 2014, Secretary of State Kerry again stated that the United States respectfully request[s] the Government of the Islamic Republic of Iran work cooperatively with us to find Mr. Levinson and bring him home;
 Whereas, on January 16, 2016, the Government of Iran released five United States citizens detained in Iran;
 Whereas, on January 17, 2016, President Obama stated that even as we rejoice in the safe return of others, we will never forget about Bob, referring to Robert Levinson, and that each and every day but especially today our hearts are with the Levinson family and we will never rest until their family is whole again;
 Whereas, on January 19, 2016, White House Press Secretary Josh Earnest stated that the United States Government had secured a commitment from the Iranians to use the channel that has now been opened to secure the release of those individuals that we know were being held by Iran … to try and gather information about Mr. Levinson's possible whereabouts;
 Whereas the Government of Iran’s most recent commitment to assist in and the diplomatic channel dedicated to locating and returning Bob Levinson have not yielded any meaningful results;
 Whereas, on November 23, 2016, the United Nations Working Group on Arbitrary Detention (UNWGAD) issued Opinion No. 50/2016, concerning Robert Levinson in which the UNWGAD found Iran responsible for the arbitrary detention of Mr. Levinson;
 Whereas, on November 26, 2013, Mr. Levinson became the longest held United States civilian in our Nation’s history;
 Whereas March 9, 2017, marks 10 years since the disappearance of Robert Levinson from Kish Island, Iran; and
 Whereas the Federal Bureau of Investigation continues to offer a $5,000,000 reward for information leading to Mr. Levinson's safe return: Now, therefore, be it

 That the House of Representatives— (1)recognizes that Robert Levinson is the longest held United States civilian in our Nation's history;
 (2)notes that repeated pledges by officials of the Government of Iran to provide their Government's assistance in the case of Robert Levinson have not led to any meaningful progress in locating or returning Robert Levinson;
 (3)urges the Government of Iran to take meaningful steps towards fulfilling its repeated promises to assist in locating and returning Robert Levinson, including immediately providing all available information from all entities of the Government of Iran regarding the disappearance of Robert Levinson to the United States Government;
 (4)urges the President and the allies of the United States to continue to press the Government of Iran at every opportunity to locate and return Robert Levinson, notwithstanding ongoing and serious disagreements the United States Government has with the Government of Iran on a broad array of issues, including Iran’s ballistic missile program, sponsorship of international terrorism, and human rights abuses;
 (5)notes that in addition to these other serious issues, further delay in locating and returning Robert Levinson remains a significant obstacle to improving United States-Iran relations; and
 (6)expresses sympathy to the family of Robert Levinson for their anguish and expresses hope that their ordeal can be brought to an end in the near future.


113 S2635 IS: 21st Century Endangered Species Transparency Act
U.S. Senate
2014-07-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2635
		IN THE SENATE OF THE UNITED STATES

			July 22, 2014
			Mr. Cornyn (for himself, Mr. Inhofe, Mr. Enzi, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To amend the Endangered Species Act of 1973 to require publication on the Internet of the basis for
			 determinations that species are endangered species or threatened species,
			 and for other purposes.

			1.
			Short title
			This Act may be cited as the 21st Century Endangered Species Transparency Act.

			2.
			Requirement to publish on Internet basis for listings
			Section 4(b) of the Endangered Species Act (16 U.S.C. 1533(b)) is amended by adding at the end the
			 following:

					(9)
					Publication on Internet of basis for listingsThe Secretary shall make publicly available on the Internet the best scientific and commercial data
			 available that are the basis for each regulation, including each proposed
			 regulation, promulgated under subsection (a)(1), except that, at the
			 request of a Governor or legislature of a State, the Secretary shall not
			 make available  under this paragraph information regarding which  the
			 State has determined public disclosure is prohibited  by a law of that
			 State relating to the protection of personal  information.
				.