117 S2754 IS: To provide funding for the deployment of Next Generation 9–1–1, and for other purposes.
U.S. Senate
2021-09-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2754IN THE SENATE OF THE UNITED STATESSeptember 15, 2021Ms. Klobuchar (for herself and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo provide funding for the deployment of Next Generation 9–1–1, and for other purposes.1.Deployment of Next Generation 9–1–1(a)Appropriation(1)In generalIn addition to amounts otherwise available, there is appropriated to the Assistant Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available until September 30, 2030, to make grants to eligible entities for implementing Next Generation 9–1–1, operating and maintaining Next Generation 9–1–1, training directly related to implementing, maintaining, and operating Next Generation 9–1–1, if the cost related to such training does not exceed 3 percent of the total grant award, and planning and implementation activities, if the cost related to such planning and implementation does not exceed 1 percent of the total grant award.(2)Administrative expensesOf the amount appropriated in this subsection, the Assistant Secretary may use not more than 2 percent to implement and administer this section.(3)Rulemaking requiredNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall, after public notice and opportunity for comment, issue rules to implement this section.(b)Eligibility(1)In generalThe Assistant Secretary shall not make a grant under this section to any eligible entity unless such entity certifies to the Assistant Secretary that—(A)no portion of any 9–1–1 fee or charge imposed by the eligible entity, or (in the case that the eligible entity is not a covered State or Tribal organization) any State or taxing jurisdiction within which the eligible entity will carry out activities using grant funds, will be obligated or expended for any purpose or function other than a purpose or function for which the obligation or expenditure of such a fee or charge is acceptable (as determined by the Federal Communications Commission pursuant to the rules issued under section 6(f)(3) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(3)), as such rules are in effect on the date on which the eligible entity makes the certification) during any period during which the funds from the grant are available to the eligible entity;(B)any funds received by the eligible entity will be used to support the deployment of Next Generation 9–1–1 in a manner that ensures reliability, interoperability, and requires the use of commonly accepted standards;(C)the eligible entity has established, or commits to establish not later than 3 years after the date on which the funds are distributed to the eligible entity, a sustainable funding mechanism for Next Generation 9–1–1 and effective cybersecurity for Next Generation 9–1–1; and(D)no funds received by the eligible entity will be used to purchase, rent, lease, or otherwise obtain covered communications equipment or services (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608)).(2)Other requirementsThe Assistant Secretary shall not make a grant under this section to an eligible entity unless such entity certifies to the Assistant Secretary that—(A)the eligible entity, and (in the case that the eligible entity is not a covered State or Tribal organization) any covered State within which the eligible entity will carry out activities using grant funds, has designated a single officer or governmental body to serve as the point of contact to coordinate the implementation of Next Generation 9–1–1 for such covered State or Tribal organization; and(B)the eligible entity has developed and submitted a plan for the coordination and implementation of Next Generation 9–1–1 consistent with the requirements of the Assistant Secretary that, at a minimum—(i)ensures interoperability, reliability, resiliency, and the use of commonly accepted standards;(ii)enables emergency communications centers to process, analyze, and store multimedia, data, and other information;(iii)incorporates cybersecurity tools, including intrusion detection and prevention measures;(iv)includes strategies for coordinating cybersecurity information sharing between Federal, covered State, Tribal, and local government partners;(v)includes a governance body or bodies, either by creation of a new body or bodies or use of an existing body or bodies, for the development and deployment of Next Generation 9–1–1;(vi)creates efficiencies related to Next Generation 9–1–1 functions, including the virtualization and sharing of infrastructure, equipment, and services; and(vii)utilizes an effective, competitive approach to establishing authentication, credentialing, secure connections, and access in deploying Next Generation 9–1–1, including by—(I)requiring certificate authorities to be capable of cross-certification with other authorities;(II)avoiding risk of a single point of failure or vulnerability; and(III)adhering to Federal agency best practices such as those promulgated by the National Institute of Standards and Technology.(3)Return of fundingIf, after making a grant award to an eligible entity under subsection (a), the Assistant Secretary determines that such eligible entity has acted in a manner not in accordance with the certifications required under this subsection, the Assistant Secretary shall, after affording due process, rescind such grant award and recoup funds from such eligible entity. (c)OversightIn addition to amounts otherwise available, there is appropriated to the Inspector General of the Department of Commerce for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until September 30, 2030, to conduct oversight to combat waste, fraud, and abuse of grant awards made under this section.2.Establishment of Next Generation 9–1–1 Cybersecurity CenterIn addition to amounts otherwise available, there is appropriated to the Assistant Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $80,000,000, to remain available until September 30, 2030, to establish a Next Generation 9–1–1 Cybersecurity Center to coordinate with covered State, local, and regional governments on the sharing of cybersecurity information about, the analysis of cybersecurity threats to, and guidelines for strategies to detect and prevent cybersecurity intrusions relating to Next Generation 9–1–1.3.Public Safety Next Generation 9–1–1 Advisory BoardIn addition to amounts otherwise available, there is appropriated to the Assistant Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until September 30, 2030, to establish a 16-member Public Safety Next Generation 9–1–1 Advisory Board (in this section referred to as the Board), to be comprised of representatives of public safety organizations, to provide recommendations to the Assistant Secretary with respect to carrying out the duties and responsibilities of the Assistant Secretary related to Next Generation 9–1–1, including with respect to the grant program established pursuant to section 31101.4.DefinitionsIn this Act:(1)9–1–1 fee or chargeThe term 9–1–1 fee or charge has the meaning given such term in section 6(f)(3)(D) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(3)(D)).(2)Assistant secretaryThe term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.(3)Commonly accepted standardsThe term commonly accepted standards means the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity that—(A)enable interoperability; and(B)are—(i)developed and approved by a standards development organization that is accredited by a United States or international standards body in a process that—(I)is open to the public, including open for participation by any organization; and(II)provides for a conflict resolution process;(ii)subject to an open comment and input process before being finalized by the standards development organization;(iii)consensus-based; and(iv)made publicly available once approved.(4)Cost related to planning and implementationThe term cost related to planning and implementation means any cost incurred by an eligible entity related to planning for and preparing an application and related materials as required under this Act.(5)Covered StateThe term covered State means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States.(6)Eligible entityThe term eligible entity—(A)means a covered State or a Tribal organization; and(B)may be an entity, including a public authority, board, or commission, established by one or more entities described in subparagraph (A).(7)Emergency communications center(A)In generalThe term emergency communications center—(i)means a facility that—(I)is designated to receive a 9–1–1 request for emergency assistance; and(II)performs one or more of the functions described in subparagraph (B); and(ii)may be a public safety answering point, as defined in section 222 of the Communications Act of 1934 (47 U.S.C. 222).(B)Functions describedThe functions described in this subparagraph are the following:(i)Process and analyze 9–1–1 requests for emergency assistance and information and data related to such requests.(ii)Dispatch appropriate emergency response providers.(iii)Transfer or exchange 9–1–1 requests for emergency assistance and information and data related to such requests with one or more facilities described under this paragraph and emergency response providers.(iv)Analyze any communications received from emergency response providers.(v)Support incident command functions.(8)Interoperable; interoperabilityThe term interoperable or interoperability means the capability of emergency communications centers to receive 9–1–1 requests for emergency assistance and information and data related to such requests, such as location information and callback numbers from a person initiating the request, and then process and share the 9–1–1 requests for emergency assistance and information and data related to such requests with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction, equipment, device, software, service provider, or other factors.(9)Next generation 9–1–1The term Next Generation 9–1–1 means an interoperable, secure, Internet Protocol-based system that—(A)employs commonly accepted standards;(B)enables emergency communications centers to receive, process, and analyze all types of 9–1–1 requests for emergency assistance;(C)acquires and integrates additional information useful to handling 9–1–1 requests for emergency assistance; and(D)supports sharing information related to 9–1–1 requests for emergency assistance among emergency communications centers and emergency response providers.(10)Public safety organizationThe term public safety organization means an organization that represents the interests of personnel in—(A)local law enforcement;(B)fire and rescue;(C)emergency medical service; or(D)9–1–1 services. (11)ReliabilityThe term reliability means the employment of sufficient measures to ensure the ongoing operation of Next Generation 9–1–1, including through the use of geo-diverse, device- and network-agnostic elements that provide more than one physical route between end points with no common points where a single failure at that point would cause the operation of Next Generation 9–1–1 to fail.(12)State or taxing jurisdictionThe term State or taxing jurisdiction has the meaning given such term in section 6(f)(3)(D) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(3)(D)).(13)Sustainable funding mechanismThe term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses, including operations, maintenance, and upgrades.


		II
		109th CONGRESS
		1st Session
		S. 786
		IN THE SENATE OF THE UNITED STATES

			April 14, 2005
			Mr. Santorum introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

		A BILL
		To clarify the duties and responsibilities of the National Oceanic and Atmospheric Administration
			 and the National Weather Service, and for other purposes.

			1.
			Short title
			This Act may be cited as the National Weather Services Duties Act of 2005.

			2.
			Duties and responsibilities of national oceanic and atmospheric administration and national weather
			 service

				(a)
				National weather service
				To protect life and property, the Secretary of Commerce shall, through the National Weather
			 Service, be responsible for the following:

					(1)
					The preparation and issuance of severe weather forecasts and warnings designed for the protection
			 of life and property of the general public.

					(2)
					The preparation and issuance of hydrometeorological guidance and core forecast information.

					(3)
					The collection and exchange of meteorological, hydrological, climatic, and oceanographic data and
			 information.

					(4)
					The provision of reports, forecasts, warnings, and other advice to the Secretary of Transportation
			 and other persons pursuant to section 44720 of title 49, United States
			 Code.

					(5)
					Such other duties and responsibilities as the Secretary shall specify.

				(b)
				Competition with private sector
				The Secretary of Commerce shall not provide, or assist other entities in providing, a product or
			 service (other than a product or service described in subsection (a)(1))
			 that is or could be provided by the private sector unless—

					(1)
					the Secretary determines that the private sector is unwilling or unable to provide such product or
			 service; or

					(2)
					the United States Government is obligated to provide such product or service under international
			 aviation agreements to provide meteorological services and exchange
			 meteorological information.

				(c)
				Issuance of data, forecasts, and warnings

					(1)
					In general
					All data, information, guidance, forecasts, and warnings received, collected, created, or prepared
			 by the National Oceanic and Atmospheric Administration or the National
			 Weather Service shall, to the maximum extent practicable, be issued in
			 real time, and without delay for internal use, in a manner that ensures
			 that all members of the public have the opportunity for simultaneous and
			 equal access to such data, information, guidance, forecasts, and warnings.

					(2)
					Mode of issuance
					Data, information, guidance, forecasts, and warnings shall be issued under paragraph (1) through a
			 set of data portals designed for volume access by commercial providers of
			 products or services and by such other mechanisms as the Secretary of
			 Commerce considers appropriate for purposes of that paragraph.

				(d)
				Prohibition on certain disclosures
				An officer, employee, or agent of the National Oceanic and Atmospheric Administration, the National
			 Weather Service, or any other department or agency of the United States
			 who by reason of that status comes into possession of any weather data,
			 information, guidance, forecast, or warning that might influence or affect
			 the market value of any product, service, commodity, tradable, or business
			 may not—

					(1)
					willfully impart, whether directly or indirectly, such weather data, information, guidance,
			 forecast, or warning, or any part thereof, before the issuance of such
			 weather data, information, guidance, forecast, or warning to the public
			 under subsection (c); or

					(2)
					after the issuance of such weather data, information, guidance, forecast, or warning to the public
			 under subsection (c), willfully impart comments or qualifications on such
			 weather data, information, guidance, forecast, or warning, or any part
			 thereof, to the public, except pursuant to an issuance that complies with
			 that subsection.

				(e)
				Regulations
				Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall
			 prescribe regulations to implement the provisions of this section.

				(f)
				Product or service defined
				In this section, the term product or service means a product, service, device, or system that provides, senses, or communicates meteorological,
			 hydrological, climatic, solar, or oceanographic data, forecasts, or other
			 similar information.

				(g)
				Effective date
				The provisions of this section (other than subsection (e)) shall take effect 90 days after the date
			 of the enactment of this Act.

				(h)
				Conforming amendments
				The Act of October 1, 1890 (26 Stat. 653) is amended as follows:

					(1)
					Section 3 (15 U.S.C. 313) is repealed.

					(2)
					Section 9 (15 U.S.C. 317) is amended by striking , and it shall be and all that follows and inserting a period.

			3.
			Report on modification of national oceanic and atmospheric administration and national weather
			 service activities

				(a)
				Report
				Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall
			 submit to the appropriate committees of Congress a report that sets forth—

					(1)
					a detailed statement of the activities, if any, of the National Oceanic and Atmospheric
			 Administration and the National Weather Service that are inconsistent with
			 the provisions of section 2;

					(2)
					a schedule for the modification of the activities referred to in paragraph (1) in order to conform
			 such activities to the provisions of section 2; and

					(3)
					the regulations prescribed under section 2(e).

				(b)
				Appropriate committees of congress defined
				In this section, the term appropriate committees of Congress means—

					(1)
					the Committee on Commerce, Science, and Transportation of the Senate; and

					(2)
					the Committee on Science of the House of Representatives.


115 S3393 IS: Council on Rural Community Innovation and Economic Development Act of 2018
U.S. Senate
2018-08-28
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.

		II
		115th CONGRESS2d Session
		S. 3393
		IN THE SENATE OF THE UNITED STATES

			August 28, 2018
			Ms. Cortez Masto (for herself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

		A BILL
		To establish the Council on Rural Community Innovation and Economic Development.

		1.Short title
 This Act may be cited as the Council on Rural Community Innovation and Economic Development Act of 2018.
 2.FindingsCongress makes the following findings: (1)Sixteen percent of the population of the United States lives in rural counties.
 (2)Strong, sustainable rural communities are essential to future prosperity and ensuring United States competitiveness in the years ahead.
 (3)Rural communities supply the food, fiber, and energy of the United States, safeguard the natural resources of the United States, and are essential to the development of science and innovation.
 (4)Though rural communities face numerous challenges, they also present enormous economic potential. (5)The Federal Government has an important role to play in expanding access to the capital necessary for economic growth, promoting innovation, increasing energy resiliency and reliability, improving access to health care and education, and expanding outdoor recreational activities on public land.
 3.PurposeThe purpose of this Act is to enhance the efforts of the Federal Government to address the needs of rural areas in the United States by—
 (1)establishing a council to better coordinate Federal programs directed to rural communities;
 (2)maximizing the impact of Federal investment to promote economic prosperity and quality of life in rural communities in the United States; and
 (3)using innovation to resolve local and regional challenges faced by rural communities.
 4.DefinitionsIn this Act: (1)CouncilThe term Council means the Council on Rural Community Innovation and Economic Development established by section 5.
 (2)SecretaryThe term Secretary means the Secretary of Agriculture. 5.EstablishmentThere is established a Council on Rural Community Innovation and Economic Development.
		6.Membership
 (a)In generalThe membership of the Council shall be composed of the heads of the following executive branch departments, agencies, and offices:
 (1)The Department of Agriculture. (2)The Department of the Treasury.
 (3)The Department of Defense. (4)The Department of Justice.
 (5)The Department of the Interior. (6)The Department of Commerce.
 (7)The Department of Labor. (8)The Department of Health and Human Services.
 (9)The Department of Housing and Urban Development. (10)The Department of Transportation.
 (11)The Department of Energy. (12)The Department of Education.
 (13)The Department of Veterans Affairs. (14)The Department of Homeland Security.
 (15)The Environmental Protection Agency. (16)The Federal Communications Commission.
 (17)The Office of Management and Budget. (18)The Office of Science and Technology Policy.
 (19)The Office of National Drug Control Policy. (20)The Council of Economic Advisers.
 (21)The Domestic Policy Council. (22)The National Economic Council.
 (23)The Small Business Administration. (24)The Council on Environmental Quality.
 (25)The White House Office of Public Engagement. (26)The White House Office of Cabinet Affairs.
 (27)Such other executive branch departments, agencies, and offices as the President or the Secretary may, from time to time, designate.
 (b)ChairThe Secretary shall serve as the Chair of the Council. (c)DesigneesA member of the Council may designate, to perform the Council functions of the member, a senior-level official who is—
 (1)part of the department, agency, or office of the member; and
 (2)a full-time officer or employee of the Federal Government.
 (d)AdministrationThe Council shall coordinate policy development through the rural development mission area. 7.FundingThe Secretary shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations.
 8.Mission and function of the CouncilThe Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations—
 (1)to maximize the impact of Federal investment of rural communities;
 (2)to promote economic prosperity and quality of life in rural communities; and
 (3)to use innovation to resolve local and regional challenges faced by rural communities.
 9.DutiesThe Council shall— (1)make recommendations to the President, acting through the Director of the Domestic Policy Council and the Director of the National Economic Council, on streamlining and leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create economic opportunities to improve the quality of life in rural areas in the United States;
 (2)coordinate and increase the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health care providers, telecommunications services providers, electric service providers, transportation providers, research and land grant institutions, law enforcement, State, local, and tribal governments, and nongovernmental organizations regarding the needs of rural areas in the United States;
 (3)coordinate Federal efforts directed toward the growth and development of rural geographic regions that encompass both metropolitan and nonmetropolitan areas;
 (4)identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation related activities; and
 (5)identify common economic and social challenges faced by rural communities that could be served through—
 (A)better coordination of existing Federal and non-Federal resources; and (B)innovative solutions utilizing governmental and nongovernmental resources.
				10.Executive departments and agencies
 (a)In generalThe heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council.
 (b)ExpensesEach executive department or agency shall be responsible for paying any expenses of the executive department or agency for participating in the Council.
			11.Report on rural smart communities
 (a)In generalNot later than 1 year after the establishment of the Council, the Council shall submit to Congress a report describing efforts of rural areas to integrate smart technology into their communities to solve challenges relating to energy, transportation, health care, law enforcement, housing, or other relevant local issues, as determined by the Secretary.
 (b)Smart rural communitiesThe report under subsection (a) shall include a description of efforts of rural communities to apply innovative and advanced technologies and related mechanisms (such as telecommunications, energy, transportation, housing, economic development)—
 (1)to improve the health and quality of life of residents; (2)to increase the efficiency and cost-effectiveness of civic operations and services, including public safety and other vital public functions;
 (3)to promote economic growth; (4)to enhance the use of electricity in the community and reduce pollution; and
 (5)to create a more sustainable and resilient community. (c)Other inclusionsThe report under subsection (a) shall include—
 (1)an analysis of efforts to integrate smart technology into rural communities across the United States; (2)an analysis of barriers and challenges faced by rural areas in integrating smart technology into their communities;
 (3)an analysis of Federal efforts to assist rural areas with the development and integration of smart technology into rural communities; (4)recommendations, if any, on how to improve coordination and deployment of Federal efforts to assist rural areas develop and integrate smart technology into their communities;
 (5)recommendations, if any, on how rural areas developing smart communities can better leverage private sector resources; and (6)guidelines that establish best practices for rural areas that desire to use smart technology to overcome local challenges.
				12.Review of public benefit to rural communities on the creation of rural smart community
			 demonstration projects
 (a)In generalOn completion of the report under section 11(a), the Council shall review the benefits of the creation of a rural smart community demonstration projects program for the purposes of coordinating Department of Agriculture rural development, housing, energy, and telecommunication programs, and other Federal programs specific to rural communities, to expand innovative technologies and address local challenges specific to rural communities.
 (b)InclusionsIn the review under subsection (a) the Council shall determine whether a rural smart community demonstration projects program would—
 (1)demonstrate smart community technologies that can be adapted and repeated by other rural communities;
 (2)encourage public, private, local, or regional best practices that can be replicated by other rural communities;
 (3)encourage private sector innovation and investment in rural communities; (4)promote a skilled workforce; and
 (5)promote standards that allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart community technologies and practices.
				13.Rural smart community resource guide
 (a)In generalThe Council shall create, publish, and maintain a resource guide designed to assist States and other rural communities in developing and implementing rural smart community programs.
 (b)InclusionsA resource guide under subsection (a) may include— (1)a compilation of existing related Federal and non-Federal programs available to rural communities, including technical assistance, education, training, research and development, analysis, and funding;
 (2)available examples of local rural communities engaging private sector entities to implement smart community solutions, including public-private partnership models that could be used to leverage private sector funding to solve similar local challenges;
 (3)available examples of proven methods for local rural communities to facilitate integration of smart technologies with new and existing infrastructure and systems;
 (4)best practices and lessons learned from demonstration projects, including return on investment and performance information to help other rural communities decide how to initiate integration of smart technologies; and
 (5)such other topics as are requested by industry entities or local governments or determined to be necessary by the Council.
 (c)Utilization of existing guidesIn creating, publishing, and maintaining the guide under subsection (a), the Council shall consider Federal, State, and local guides already published relating to smart community goals, activities, and best practices—
 (1)to prevent duplication of efforts by the Federal Government; and (2)to leverage existing complementary efforts.
 (d)Resource guide outreachThe Council shall conduct outreach to States, counties, communities, and other relevant entities— (1)to provide interested stakeholders with the guide published under subsection (a);
 (2)to promote the consideration of smart community technologies and encourage States and local governments to contribute rural smart community program and activity information to the guide published under subsection (a);
 (3)to identify— (A)barriers to rural smart community technology adoption; and
 (B)any research, development, and assistance that is needed that could be included in the guide published under subsection (a);
 (4)to respond to requests for assistance, advice, or consultation from rural communities; and (5)for other purposes, as identified by the Council.
 (e)Subsequent resource guidesThe Council shall issue an update to the guide published under subsection (a) every 5 years. 14.Rural Broadband Integration Working Group (a)FindingsCongress makes the following findings:
 (1)Access to high-speed broadband is no longer a luxury and is important for United States families, businesses, and consumers.
 (2)Affordable, reliable access to high-speed broadband is critical to United States economic growth and competitiveness.
 (3)High-speed broadband enables the people of the United States to use the Internet in new ways, expands access to health services and education, increases the productivity of businesses, and drives innovation throughout the digital ecosystem.
 (4)The private sector and Federal, State, and local governments have made substantial investments to expand broadband access in the United States, but more must be done to improve the availability and quality of high-speed broadband, particularly in areas lacking competitive choices.
 (5)Today, more than 50,000,000 people of the United States cannot purchase a wired broadband connection at speeds for adequate broadband service, and only 29 percent of people of the United States can choose from more than 1 service provider at that speed.
 (6)As a result of the statistics described in paragraph (5), the costs, benefits, and availability of high-speed broadband Internet are not evenly distributed, with considerable variation among States and between urban and rural areas.
 (7)The Federal Government has an important role to play in developing coordinated policies to promote broadband deployment and adoption, including promoting best practices, breaking down regulatory barriers, and encouraging further investment, which will help deliver higher quality, lower cost broadband to more families, businesses, and communities and allow communities to benefit fully from those investments.
				(b)Policy
 (1)In generalIt is the policy of the Federal Government for executive departments and agencies having statutory authorities applicable to broadband deployment (referred to in this section as the agencies) to use all available and appropriate authorities—
 (A)to identify and address regulatory barriers that may unduly impede either wired broadband deployment or the infrastructure to augment wireless broadband deployment;
 (B)to encourage further investment in broadband networks and services;
 (C)to promote the adoption and meaningful use of broadband technology; and
 (D)to otherwise encourage or support broadband deployment, competition, and adoption in ways that promote the public interest.
 (2)PrioritiesIn carrying out the policy under paragraph (1), the agencies shall focus on— (A)opportunities to promote broadband adoption and competition through incentives to new entrants in the market for broadband services;
 (B)modernizing regulations; (C)accurately measuring real-time broadband availability and speeds;
 (D)increasing broadband access for underserved communities, including in rural areas;
 (E)exploring opportunities to reduce costs for potential low-income users; and
 (F)other possible measures, including supporting State, local, and Tribal governments interested in encouraging or investing in high-speed broadband networks.
 (3)EffectIn carrying out the policy under paragraph (1), the agencies shall ensure that existing and planned Federal, State, local, and Tribal government missions and capabilities for delivering services to the public, including those missions and capabilities relating to national security, public safety, and emergency response, are maintained.
 (4)CoordinationThe agencies shall coordinate the policy under paragraph (1) through the Rural Broadband Integration Working Group established under subsection (c).
				(c)Establishment of Rural Broadband Integration Working Group
 (1)In generalThere is established the Rural Broadband Integration Working Group (referred to in this section as the Working Group).
 (2)MembershipThe membership of the Working Group shall be composed of the heads, or their designees, of—
 (A)the Department of Agriculture; (B)the Department of Commerce;
 (C)the Department of Defense; (D)the Department of State;
 (E)the Department of the Interior; (F)the Department of Labor;
 (G)the Department of Health and Human Services; (H)the Department of Homeland Security;
 (I)the Department of Housing and Urban Development; (J)the Department of Justice;
 (K)the Department of Transportation; (L)the Department of the Treasury;
 (M)the Department of Energy; (N)the Department of Education;
 (O)the Department of Veterans Affairs; (P)the Environmental Protection Agency;
 (Q)the General Services Administration; (R)the Small Business Administration;
 (S)the Institute of Museum and Library Services; (T)the National Science Foundation;
 (U)the Council on Environmental Quality; (V)the Office of Science and Technology Policy;
 (W)the Office of Management and Budget; (X)the Council of Economic Advisers;
 (Y)the Domestic Policy Council; (Z)the National Economic Council; and
 (AA)such other Federal agencies or entities as are determined appropriate in accordance with paragraph (5).
 (3)Co-ChairsThe Secretary and the Secretary of Commerce shall serve as the Co-Chairs of the Working Group. (4)Consultation; coordination (A)ConsultationThe Working Group shall consult, as appropriate, with other relevant agencies, including the Federal Communications Commission.
 (B)CoordinationThe Working Group shall coordinate with existing Federal working groups and committees involved with broadband.
					(5)Membership changes
 (A)In generalThe Director of the National Economic Council and the Director of the Office of Science and Technology Policy shall review, on a periodic basis, the membership of the Working Group to ensure that the Working Group—
 (i)includes necessary Federal Government entities; and
 (ii)is an effective mechanism for coordinating among agencies on the policy described in subsection (b).
 (B)ChangesThe Director of the National Economic Council and the Director of the Office of Science and Technology Policy may add or remove members of the Council, as appropriate, based on the review under subparagraph (A).
					(d)Functions of the Working Group
 (1)ConsultationAs permitted by law, the members of the Working Group shall consult with State, local, Tribal, and territorial governments, telecommunications companies, utilities, trade associations, philanthropic entities, policy experts, and other interested parties to identify and assess regulatory barriers described in subsections (a)(7) and (b)(1)(A) and opportunities described in subparagraphs (A) and (E) of subsection (b)(2) to determine possible actions relating to those barriers and opportunities.
 (2)Point of contactNot later than 15 days after the date of enactment of this Act, each member of the Working Group shall—
 (A)designate a representative to serve as the main point of contact for matters relating to the Working Group; and
 (B)notify the Co-Chairs of the Working Group of that designee.
					(3)Survey
 Not later than 60 days after the date of enactment of this Act, the members of the Working Group shall submit to the Working Group a comprehensive survey of—
 (A)Federal programs, including the allocated funding amounts, that currently support or could reasonably be modified to support broadband deployment and adoption; and
 (B)all agency-specific policies and rules with the direct or indirect effect of facilitating or regulating investment in or deployment of wired and wireless broadband networks.
 (4)List of actionsNot later than 120 days after the date of enactment of this Act, the members of the Working Group shall submit to the Working Group an initial list of actions that each of the agencies could take to identify and address regulatory barriers, incentivize investment, promote best practices, align funding decisions, and otherwise support wired broadband deployment and adoption.
				(5)Report
 (A)In generalNot later than 150 days after the date of enactment of this Act, after not fewer than 2 meetings of the full Working Group, the Working Group shall submit to the President, acting through the Director of the National Economic Council, a coordinated, agreed-to, and prioritized list of recommendations of the Working Group on actions that agencies can take to support broadband deployment and adoption.
 (B)InclusionsThe recommendations under subparagraph (A) shall include—
 (i)a list of priority actions and rulemakings; and (ii)timelines to complete the priority actions and rulemakings under clause (i).
						15.General provisions
 (a)EffectNothing in this Act— (1)impairs or otherwise affects—
 (A)the authority granted by law to a department or agency, or the head thereof; (B)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
 (C)the authority of the Federal Communications Commission concerning spectrum allocation decisions; (2)requires the disclosure of classified information, law enforcement sensitive information, or other information that shall be protected in the interests of national security; or
 (3)creates any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, any Federal department, agency, or entity, any officer, employee, or agent, of the United States, or any other person.
 (b)ImplementationThis Act shall be implemented consistent with applicable law and subject to the availability of appropriations.


110 HCON 95 IH: Expressing the sense of the Congress that State agencies and other providers of foster care services should make every effort to ensure siblings remain together in the foster system.
U.S. House of Representatives
2020-03-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. CON. RES. 95IN THE HOUSE OF REPRESENTATIVESMarch 4, 2020Ms. Kuster of New Hampshire (for herself, Mrs. Hartzler, Ms. Bass, and Mr. Bacon) submitted the following concurrent resolution; which was referred to the Committee on Education and LaborCONCURRENT RESOLUTIONExpressing the sense of the Congress that State agencies and other providers of foster care services should make every effort to ensure siblings remain together in the foster system.Whereas sibling relationships are important and should be recognized and respected;Whereas sibling relationships provide needed continuity and stability during a child’s placement in foster care;Whereas the sibling bond is unique and separate from the parent-child bond, and may include relations with people not linked by blood;Whereas siblings share similar history, heritage, culture, and often biology;Whereas the Fostering Connections to Success and Promoting Adoption Act of 2008 (Public Law 110–351) requires that States place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any of the siblings;Whereas, in a case where siblings are removed from their home and not placed jointly, the State is to provide for their frequent visitation or interaction, unless the State documents that such a joint placement would be contrary to the safety or well-being of any of the siblings;Whereas sibling separation is a significant and distinct loss that must be ameliorated by frequent and regular contact; andWhereas every foster child deserves the right to know and be actively involved in their siblings’ lives absent extraordinary circumstances: Now, therefore, be itThat it is the sense of the Congress that State agencies and other providers of foster care services should—(1) make every effort to ensure that children are placed in homes with their siblings;(2)ensure that siblings who are not placed together are provided with ample opportunities to communicate with each other and remain connected; and(3)in a case where siblings are not placed jointly, document the reasons why.


116 HR 260 IH: Medicaid Provisions and TANF Extenders Act of 2019
U.S. House of Representatives
2019-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 260IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2019Mr. Pallone (for himself, Mr. Walden, and Mr. Neal) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and the Budget, 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 extend the Medicaid Money Follows the Person Rebalancing demonstration, to extend protection for
			 Medicaid recipients of home and community-based services against spousal
			 impoverishment, to extend the Temporary Assistance for Needy Families
			 program, and for other purposes.

 1.Short titleThis Act may be cited as the Medicaid Provisions and TANF Extenders Act of 2019. IMedicaid Extenders 101.Extension of Money Follows the Person Rebalancing demonstration (a)General FundingSection 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended—
 (1)in paragraph (1)— (A)in subparagraph (D), by striking and after the semicolon;
 (B)in subparagraph (E), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (F)subject to paragraph (3), $112,000,000 for fiscal year 2019.;  (2)in paragraph (2)—
 (A)by striking Amounts made and inserting Subject to paragraph (3), amounts made; and (B)by striking September 30, 2016 and inserting September 30, 2021; and
 (3)by adding at the end the following new paragraph:  (3)Special rule for FY 2019Funds appropriated under paragraph (1)(F) shall be made available for grants to States only if such States have an approved MFP demonstration project under this section as of December 31, 2018..
 (b)Funding for quality assurance and improvement; technical assistance; oversightSection 6071(f) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and inserting the following:

 (2)FundingFrom the amounts appropriated under subsection (h)(1)(F) for fiscal year 2019, $500,000 shall be available to the Secretary for such fiscal year to carry out this subsection..
 (c)Technical amendmentSection 6071(b) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following:

 (10)SecretaryThe term Secretary means the Secretary of Health and Human Services.. 102.Extension of protection for Medicaid recipients of home and community-based services against spousal impoverishment (a)In generalSection 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) is amended by striking the 5-year period that begins on January 1, 2014, and inserting the period beginning on January 1, 2014, and ending on March 31, 2019,.
				(b)Rule of construction
 (1)Protecting State spousal income and asset disregard flexibility under waivers and plan amendmentsNothing in section 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) or section 1924 of the Social Security Act (42 U.S.C. 1396r–5) shall be construed as prohibiting a State from disregarding an individual’s spousal income and assets under a State waiver or plan amendment described in paragraph (2) for purposes of making determinations of eligibility for home and community-based services or home and community-based attendant services and supports under such waiver or plan amendment.
 (2)State waiver or plan amendment describedA State waiver or plan amendment described in this paragraph is any of the following: (A)A waiver or plan amendment to provide medical assistance for home and community-based services under a waiver or plan amendment under subsection (c), (d), or (i) of section 1915 of the Social Security Act (42 U.S.C. 1396n) or under section 1115 of such Act (42 U.S.C. 1315).
 (B)A plan amendment to provide medical assistance for home and community-based services for individuals by reason of being determined eligible under section 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care under which the State disregarded the income and assets of the individual’s spouse in determining the initial and ongoing financial eligibility of an individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42 U.S.C. 1396r–5).
 (C)A plan amendment to provide medical assistance for home and community-based attendant services and supports under section 1915(k) of such Act (42 U.S.C. 1396n(k)).
 103.Reduction in FMAP after 2020 for States without asset verification programSection 1940 of the Social Security Act (42 U.S.C. 1396w) is amended by adding at the end the following new subsection:

					(k)Reduction in FMAP after 2020 for non-Compliant States
 (1)In generalWith respect to a calendar quarter beginning on or after January 1, 2021, the Federal medical assistance percentage otherwise determined under section 1905(b) for a non-compliant State shall be reduced—
 (A)for calendar quarters in 2021 and 2022, by 0.12 percentage points; (B)for calendar quarters in 2023, by 0.25 percentage points;
 (C)for calendar quarters in 2024, by 0.35 percentage points; and (D)for calendar quarters in 2025 and each year thereafter, by 0.5 percentage points.
 (2)Non-compliant State definedFor purposes of this subsection, the term non-compliant State means a State— (A)that is one of the 50 States or the District of Columbia;
 (B)with respect to which the Secretary has not approved a State plan amendment submitted under subsection (a)(2); and
 (C)that is not operating, on an ongoing basis, an asset verification program in accordance with this section..
 104.Medicaid Improvement FundSection 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w–1(b)(1)) is amended by striking $31,000,000 and inserting $6,000,000. 105.Budgetary Effects (a)Statutory PAYGO scorecardsThe budgetary effects of this title shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
 (b)Senate PAYGO scorecardsThe budgetary effects of this title shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
 (c)Classification of budgetary effectsNotwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this title shall not be estimated—
 (1)for purposes of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985; and (2)for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
 (d)PAYGO annual reportFor the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the second session of the 115th Congress, and for determining whether a sequestration order is necessary under such section, the debit for the budget year on the 5-year scorecard, if any, and the 10-year scorecard, if any, shall be deducted from such scorecard in 2019 and added to such scorecard in 2020.
				IITANF and Technical Corrections
			201.TANF program extensions
 (a)Family assistance grantsSection 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1)) is amended in each of subparagraphs (A) and (C) by striking 2017 and 2018 and inserting 2019 and 2020.
 (b)Healthy marriage promotion and responsible fatherhood grantsSection 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended— (1)by striking 2017 and 2018 and inserting 2019 and 2020; and
 (2)by striking for fiscal year 2017 or 2018. (c)Contingency fundSection 403(b)(2) of such Act (42 U.S.C. 603(b)(2)) is amended by striking fiscal year 2018 and inserting each of fiscal years 2019 and 2020.
 (d)Tribal family assistance grantsParagraphs (1)(A) and (2)(A) of section 412(a) of such Act (42 U.S.C. 612(a)) are each amended by striking 2017 and 2018 and inserting 2019 and 2020.
 (e)Child careSection 418(a)(3) of such Act (42 U.S.C. 618(a)(3)) is amended by striking 2017 and 2018 and inserting 2019 and 2020. (f)Grants to the territoriesSection 1108(b)(2) of such Act (42 U.S.C. 1308(b)(2)) is amended by striking 2017 and 2018 and inserting 2019 and 2020.
				202.Measuring and understanding outcomes
 (a)In generalSection 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following:

						(7)Report on engagement, employment and outcomes
 (A)Reporting agreementEach State and the Secretary shall enter into an agreement specifying the manner by which the information and data described in this paragraph shall be collected and reported to the Secretary beginning in fiscal year 2020.
 (i)Outcomes for exiting recipientsInformation and data regarding families who formerly received assistance and included a work-eligible individual (disaggregated by type of family, reason for exit, and participation in work activities during the preceding fiscal year) under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), with respect to the following:
 (I)The percentage with at least 1 formerly work-eligible individual employed during the 2nd quarter after exiting from the program.
 (II)The percentage with at least 1 formerly work-eligible individual employed during the 4th quarter after exiting from the program.
 (III)The median earnings when at least 1 formerly work-eligible individual is employed during the 2d quarter after exiting from the program.
 (IV)The percentage with at least 1 formerly work-eligible individual employed during any of the first 4 quarters after exiting from the program.
 (V)The distribution of income and earnings, including relative to poverty and deep poverty, for each of the first 4 quarters ending after the quarter of exit from assistance.
 (VI)The percentage who, at the time of exit from the program, were subject to the following: (aa)A penalty under section 407(e).
 (bb)A sanction or penalty described in section 404 or 408. (cc)A penalty or sanction not described in item (aa) or (bb).
										(ii)Engagement and employment of current recipients
 (I)Work-eligible individualsIn the case of current work-eligible individuals under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the following information relative to the current quarter being reported:
 (aa)Earnings in each of the 4 quarters immediately preceding the quarter. (bb)Standard measures of employment, earnings, receipt of assistance, and participation in work activities (as defined in section 407(d)) in each of the first 4 quarters following the quarter.
 (II)All recipientsThe percentage of recipients of assistance under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) who have not attained 24 years of age and who obtain a high school degree or its recognized equivalent while receiving the assistance.
 (B)Statistical adjustment model for employment outcomesThe Secretary, in consultation with the Secretary of Labor and relevant experts, shall develop recommendations by March 1, 2020, on how to establish and disseminate an objective statistical model that will allow the Secretary to make adjustments to the data reported pursuant to subclauses (I) through (IV) of subparagraph (A)(i) of this paragraph, based on economic conditions and the characteristics of participants. To the extent practicable, the recommendations shall be compatible with the statistical adjustment model developed under section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)) and, with respect to a State, the State adjusted levels of performance established for the State under that section..
				203.Technical corrections to data exchange standards to improve program coordination
 (a)In generalSection 411(d) of the Social Security Act (42 U.S.C. 611(d)) is amended to read as follows:  (d)Data exchange standards for improved interoperability (1)DesignationThe Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, by rule, designate data exchange standards to govern, under this part—
 (A)necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable Federal law to electronically exchange with another State agency; and
 (B)Federal reporting and data exchange required under applicable Federal law. (2)RequirementsThe data exchange standards required by paragraph (1) shall, to the extent practicable—
 (A)incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language;
 (B)contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model;
 (C)incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance;
 (D)be consistent with and implement applicable accounting principles; (E)be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and
 (F)be capable of being continually upgraded as necessary. (3)Rule of constructionNothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient..
 (b)Effective dateNot later than the date that is 24 months after the date of the enactment of this section, the Secretary of Health and Human Services shall issue a proposed rule that—
 (1)identifies federally required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges; and
 (2)specifies State implementation options and describes future milestones. 204.Unemployment insurance technical correctionsSection 306(a) of the Social Security Act (42 U.S.C. 506(a)) is amended—
 (1)by striking individuals and inserting claimants of regular compensation, including claimants; and (2)by inserting a comma after section 303(j).


		I
		111th CONGRESS
		2d Session
		H. R. 5880
		IN THE HOUSE OF REPRESENTATIVES

			July 27, 2010
			Mr. Djou introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the Immigration and Nationality Act to provide
		  for nonimmigrant visas for certain aliens whose petitions or applications are
		  pending or who have not received immigrant visas.

		1.Short titleThis Act may be cited as the
			 Family Reunification Act of
			 2010.
		2.Reinstatement of
			 nonimmigrant visas for certain spouses or childrenSection
			 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V))
			 is amended—
			(1)by striking
			 on or before the date of the enactment of the Legal Immigration Family
			 Equity Act, and inserting December 21, 2010;
			(2)in clause (i), by
			 striking 3 years and inserting 540 days;
			 and
			(3)in clause (ii), by
			 striking 3 years and inserting 540 days.


 HR 8276 ENR: To authorize the President to posthumously award the Medal of Honor to Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom.
U.S. House of Representatives

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

I
One Hundred Sixteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
H. R. 8276

AN ACT
To authorize the President to posthumously award the Medal of Honor to Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom.

1.Authorization to award medal of honor to Sergeant First Class Alwyn C. Cashe for acts of valor during Operation Iraqi Freedom
(a)Waiver of time limitationsNotwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Sergeant First Class Alwyn C. Cashe for the acts of valor described in subsection (b). (b)Acts of valor describedThe acts of valor referred to in subsection (a) are the actions of Sergeant First Class Alwyn C. Cashe on October 17, 2005, as a member of the Army serving in Iraq in support of Operation Iraqi Freedom, for which he was posthumously awarded the Silver Star.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		II
		110th CONGRESS
		2d Session
		S. 3006
		IN THE SENATE OF THE UNITED STATES

			May 12, 2008
			Mr. Carper (for himself,
			 Ms. Snowe, Mr.
			 Bayh, and Ms. Collins)
			 introduced the following bill; which was read twice and referred to the
			 Committee on the
			 Budget

		A BILL
		To establish procedures for the expedited consideration
		  by Congress of certain proposals by the President to rescind amounts of budget
		  authority.

		1.Short titleThis Act may be cited as the
			 Budget Enforcement Legislative Tool
			 Act of 2008.
		2.Expedited
			 consideration of certain proposed rescissions
			(a)In
			 GeneralPart B of title X of the Congressional Budget and
			 Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
			 redesignating sections 1013 through 1017 as sections 1014 through 1018,
			 respectively, and inserting after section 1012 the following new
			 section:
				1013.Expedited consideration of certain
		  proposed rescissions(a)Proposed Rescission
				of Discretionary Budget AuthorityIn addition to the method of
				rescinding discretionary budget authority specified in section 1012, the
				President may propose, at the time and in the manner provided in subsection
				(b), the rescission of any discretionary budget authority provided in an
				appropriations Act. Funds made available for obligation under this procedure
				may not be proposed for rescission again under this section or section
				1012.
						(b)Transmittal of
				Special Message
							(1)Not later than 3
				days after the date of enactment of an appropriations Act subject to rescission
				under this section, the President may transmit to Congress a special message
				proposing to rescind amounts of discretionary budget authority provided in that
				Act and include with that special message a draft bill or joint resolution
				that, if enacted, would only rescind that discretionary budget
				authority.
							(2)In the case of an
				Act that includes accounts within the jurisdiction of more than one
				subcommittee of the Committee on Appropriations, the President in proposing to
				rescind discretionary budget authority under this section shall send a separate
				special message and accompanying draft bill or joint resolution for accounts
				within the jurisdiction of each such subcommittee.
							(3)Each special
				message shall specify, with respect to the discretionary budget authority
				proposed to be rescinded, the matters referred to in paragraphs (1) through (5)
				of section 1012(a).
							(c)Limitation on
				Amounts Subject to Rescission
							(1)The amount of
				discretionary budget authority which the President may propose to rescind in a
				special message under this section for a particular program, project, or
				activity for a fiscal year may not exceed 25 percent of the amount appropriated
				for that program, project, or activity in that Act.
							(2)The limitation
				contained in paragraph (1) shall only apply to a program, project, or activity
				that is authorized by law.
							(d)Procedures for
				Expedited Consideration
							(1)(A)Before the close of the
				second day of continuous session of the applicable House after the date of
				receipt of a special message transmitted to Congress under subsection (b), the
				majority leader or minority leader of the House of Congress in which the Act
				involved originated shall introduce (by request) the draft bill or joint
				resolution accompanying that special message. If the bill or joint resolution
				is not introduced as provided in the preceding sentence, then, on the third day
				of continuous session of that House after the date of receipt of that special
				message, any Member of that House may introduce the bill or joint
				resolution.
								(B)The bill or joint resolution shall be
				referred to the Committee on Appropriations of that House. The committee shall
				report the bill or joint resolution without substantive revision and with or
				without recommendation. The bill or joint resolution shall be reported not
				later than the seventh day of continuous session of that House after the date
				of receipt of that special message. If the Committee on Appropriations fails to
				report the bill or joint resolution within that period, that committee shall be
				automatically discharged from consideration of the bill or joint resolution,
				and the bill or joint resolution shall be placed on the appropriate
				calendar.
								(C)A vote on final passage of the bill or
				joint resolution shall be taken in that House on or before the close of the
				10th calendar day of continuous session of that House after the date of the
				introduction of the bill or joint resolution in that House. If the bill or
				joint resolution is agreed to, the Clerk of the House of Representatives (in
				the case of a bill or joint resolution agreed to in the House of
				Representatives) or the Secretary of the Senate (in the case of a bill or joint
				resolution agreed to in the Senate) shall cause the bill or joint resolution to
				be engrossed, certified, and transmitted to the other House of Congress on the
				same calendar day on which the bill or joint resolution is agreed to.
								(2)(A)A bill or joint
				resolution transmitted to the House of Representatives or the Senate pursuant
				to paragraph (1)(C) shall be referred to the Committee on Appropriations of
				that House. The committee shall report the bill or joint resolution without
				substantive revision and with or without recommendation. The bill or joint
				resolution shall be reported not later than the seventh day of continuous
				session of that House after it receives the bill or joint resolution. A
				committee failing to report the bill or joint resolution within such period
				shall be automatically discharged from consideration of the bill or joint
				resolution, and the bill or joint resolution shall be placed upon the
				appropriate calendar.
								(B)A vote on final passage of a bill or
				joint resolution transmitted to that House shall be taken on or before the
				close of the 10th calendar day of continuous session of that House after the
				date on which the bill or joint resolution is transmitted. If the bill or joint
				resolution is agreed to in that House, the Clerk of the House of
				Representatives (in the case of a bill or joint resolution agreed to in the
				House of Representatives) or the Secretary of the Senate (in the case of a bill
				or joint resolution agreed to in the Senate) shall cause the engrossed bill or
				joint resolution to be returned to the House in which the bill or joint
				resolution originated.
								(3)(A)A motion in the House
				of Representatives to proceed to the consideration of a bill or joint
				resolution under this section shall be highly privileged and not debatable. An
				amendment to the motion shall not be in order, nor shall it be in order to move
				to reconsider the vote by which the motion is agreed to or disagreed to.
								(B)Debate in the House of Representatives
				on a bill or joint resolution under this section shall not exceed 4 hours,
				which shall be divided equally between those favoring and those opposing the
				bill or joint resolution. A motion further to limit debate shall not be
				debatable. It shall not be in order to move to recommit a bill or joint
				resolution under this section or to move to reconsider the vote by which the
				bill or joint resolution is agreed to or disagreed to.
								(C)Appeals from decisions of the Chair
				relating to the application of the Rules of the House of Representatives to the
				procedure relating to a bill or joint resolution under this section shall be
				decided without debate.
								(D)Except to the extent specifically
				provided in the preceding provisions of this subsection, consideration of a
				bill or joint resolution under this section shall be governed by the Rules of
				the House of Representatives.
								(4)(A)A motion in the Senate
				to proceed to the consideration of a bill or joint resolution under this
				section shall be privileged and not debatable. An amendment to the motion shall
				not be in order, nor shall it be in order to move to reconsider the vote by
				which the motion is agreed to or disagreed to.
								(B)Debate in the Senate on a bill or
				joint resolution under this section, and all debatable motions and appeals in
				connection therewith, shall not exceed 10 hours. The time shall be equally
				divided between, and controlled by, the majority leader and the minority leader
				or their designees.
								(C)Debate in the Senate on any debatable
				motion or appeal in connection with a bill or joint resolution under this
				section shall be limited to not more than 1 hour, to be equally divided
				between, and controlled by, the mover and the manager of the bill or joint
				resolution, except that in the event the manager of the bill or joint
				resolution is in favor of any such motion or appeal, the time in opposition
				thereto, shall be controlled by the minority leader or his designee. Such
				leaders, or either of them, may, from time under their control on the passage
				of a bill or joint resolution, allot additional time to any Senator during the
				consideration of any debatable motion or appeal.
								(D)A motion in the Senate to further
				limit debate on a bill or joint resolution under this section is not debatable.
				A motion to recommit a bill or joint resolution under this section is not in
				order.
								(e)Amendments
				ProhibitedNo amendment to a bill or joint resolution considered
				under this section shall be in order in either the House of Representatives or
				the Senate. No motion to suspend the application of this subsection shall be in
				order in either House, nor shall it be in order in either House to suspend the
				application of this subsection by unanimous consent.
						(f)Requirement To
				Make Available for ObligationAny amount of discretionary budget
				authority proposed to be rescinded in a special message transmitted to Congress
				under subsection (b) shall be made available for obligation on the day after
				the date on which either House defeats the bill or joint resolution transmitted
				with that special message.
						(g)DefinitionsFor
				purposes of this section—
							(1)continuity of a
				session of either House of Congress shall be considered as broken only by an
				adjournment of that House sine die, and the days on which that House is not in
				session because of an adjournment of more than 3 days to a date certain shall
				be excluded in the computation of any period; and
							(2)the term
				discretionary budget authority means the dollar amount of
				discretionary budget authority and obligation limitations—
								(A)specified in
				an appropriation law, or the dollar amount of budget authority required to be
				allocated by a specific proviso in an appropriation law for which a specific
				dollar figure was not included;
								(B)represented
				separately in any table, chart, or explanatory text included in the statement
				of managers or the governing committee report accompanying such law;
								(C)required to
				be allocated for a specific program, project, or activity in a law (other than
				an appropriation law) that mandates obligations from or within accounts,
				programs, projects, or activities for which budget authority or an obligation
				limitation is provided in an appropriation law;
								(D)represented
				by the product of the estimated procurement cost and the total quantity of
				items specified in an appropriation law or included in the statement of
				managers or the governing committee report accompanying such law; or
								(E)represented
				by the product of the estimated procurement cost and the total quantity of
				items required to be provided in a law (other than an appropriation law) that
				mandates obligations from accounts, programs, projects, or activities for which
				dollar amount of discretionary budget authority or an obligation limitation is
				provided in an appropriation
				law.
								.
			(b)Exercise of
			 Rulemaking PowersSection 904 of such Act (2 U.S.C. 621 note) is
			 amended—
				(1)by striking
			 and 1017 in subsection (a) and inserting 1013, and
			 1018; and
				(2)by striking
			 section 1017 in subsection (d) and inserting sections
			 1013 and 1018.
				(c)Conforming
			 Amendments
				(1)Section 1011 of
			 such Act (2 U.S.C. 682(5)) is amended—
					(A)in paragraph (4),
			 by striking 1013 and inserting 1014; and
					(B)in paragraph
			 (5)—
						(i)by
			 striking 1016 and inserting 1017; and
						(ii)by
			 striking 1017(b)(1) and inserting
			 1018(b)(1).
						(2)Section 1015 of
			 such Act (2 U.S.C. 685) (as redesignated by subsection (a)) is amended—
					(A)by striking
			 1012 or 1013 each place it appears and inserting 1012,
			 1013, or 1014;
					(B)in subsection
			 (b)(1), by striking 1012 and inserting 1012 or
			 1013;
					(C)in subsection
			 (b)(2), by striking 1013 and inserting 1014;
			 and
					(D)in subsection
			 (e)(2)—
						(i)by
			 striking and at the end of subparagraph (A);
						(ii)by
			 redesignating subparagraph (B) as subparagraph (C);
						(iii)by striking
			 1013 in subparagraph (C) (as so redesignated) and inserting
			 1014; and
						(iv)by
			 inserting after subparagraph (A) the following new subparagraph:

								(B)he has
				transmitted a special message under section 1013 with respect to a proposed
				rescission;
				and
								.
						(3)Section 1016 of
			 such Act (2 U.S.C. 686) (as redesignated by subsection (a)) is amended by
			 striking 1012 or 1013 each place it appears and inserting
			 1012, 1013, or 1014.
				(d)Clerical
			 AmendmentsThe table of sections for subpart B of title X of such
			 Act is amended—
				(1)by redesignating
			 the items relating to sections 1013 through 1017 as items relating to sections
			 1014 through 1018; and
				(2)by inserting
			 after the item relating to section 1012 the following new item:

							Sec. 1013. Expedited consideration of
				certain proposed
				rescissions.

						.
				(e)ApplicationSection 1013 of the Congressional Budget
			 and Impoundment Control Act of 1974 (as added by subsection (a)) shall apply to
			 amounts of discretionary budget authority provided by appropriation Acts (as
			 defined in subsection (g)(2) of such section) that are enacted after the date
			 of the enactment of this Act.
			3.TerminationThe authority provided by section 1013 of
			 the Congressional Budget and Impoundment Control Act of 1974 (as added by
			 section 2) shall terminate effective on the date in 2012 on which the Congress
			 adjourns sine die.


		II
		109th CONGRESS
		2d Session
		S. 2691
		IN THE SENATE OF THE UNITED STATES

			May 2, 2006
			Mr. Cornyn (for himself,
			 Mr. Allen, Mr.
			 Enzi, Mr. Lott,
			 Mr. Allard, and Mr. Bennett) introduced the following bill; which
			 was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend the Immigration and Nationality Act to increase
		  competitiveness in the United States, and for other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Securing Knowledge, Innovation,
			 and Leadership Act of 2006 or the SKIL Act of
			 2006.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					TITLE I—Access to high skilled foreign workers
					Sec. 101. H–1B visa holders.
					Sec. 102. Market-based visa limits.
					TITLE II—Retaining foreign workers educated in the United
				States
					Sec. 201. United States educated immigrants.
					Sec. 202. Immigrant visa backlog reduction.
					Sec. 203. Student visa reform.
					Sec. 204. L–1 visa holders subject to visa backlog.
					Sec. 205. Retaining workers subject to green card
				backlog.
					TITLE III—Business facilitation through immigration
				reform
					Sec. 301. Streamlining the adjudication process for established
				employers.
					Sec. 302. Providing premium processing of employment-based visa
				petitions.
					Sec. 303. Eliminating procedural delays in labor certification
				process.
					TITLE IV—Miscellaneous
					Sec. 401. Completion of background and security
				checks.
					Sec. 402. Visa revalidation.
					Sec. 403. Severability.

			IAccess to high
			 skilled foreign workers
			101.H–1B visa
			 holders
				(a)In
			 generalSection 214(g)(5) of the Immigration and Nationality Act
			 (8 U.S.C. 1184(g)(5)) is amended—
					(1)in subparagraph
			 (B)—
						(A)by striking
			 nonprofit research and inserting
			 nonprofit;
						(B)by inserting
			 Federal, State, or local before governmental;
			 and
						(C)by striking
			 or at the end;
						(2)in subparagraph
			 (C)—
						(A)by striking
			 a United States institution of higher education (as defined in section
			 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and
			 inserting an institution of higher education in a foreign
			 country,; and
						(B)by striking the
			 period at the end and inserting a semicolon;
						(3)by adding at the
			 end, the following new subparagraphs:

							(D)has earned a master's or higher degree
				from a United States institution of higher education (as defined in section
				101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
							(E)has been awarded medical specialty
				certification based on post-doctoral training and experience in the United
				States;
				or
							.
					(b)ApplicabilityThe
			 amendments made by subsection (a) shall apply to any petition or visa
			 application pending on the date of enactment of this Act and any petition or
			 visa application filed on or after such date.
				102.Market-based
			 visa limitsSection 214(g) of
			 the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended—
				(1)in paragraph
			 (1)—
					(A)in the matter
			 preceding subparagraph (A), by striking (beginning with fiscal year
			 1992); and
					(B)in subparagraph
			 (A)—
						(i)in
			 clause (vi) by striking and;
						(ii)in
			 clause (vii), by striking each succeeding fiscal year; or and
			 inserting each of fiscal years 2004, 2005, and 2006;; and
						(iii)by adding after
			 clause (vii) the following:

								(viii)115,000 in the
				first fiscal year beginning after the date of the enactment of the Securing
				Knowledge, Innovation, and Leadership Act of 2006; and
								(ix)the number
				calculated under paragraph (9) in each fiscal year after the year described in
				clause (viii);
				or
								;
						(2)in paragraph (5),
			 as amended by section 101(a), in the matter preceding subparagraph (A), by
			 inserting 101(a)(15)(H)(i)(b1) or section after under
			 section;
				(3)in paragraph (8),
			 by striking subparagraphs (B)(iv) and (D);
				(4)by redesignating
			 paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12),
			 respectively; and
				(5)by inserting
			 after paragraph (8) the following:

						(9)If the numerical
				limitation in paragraph (1)(A)—
							(A)is reached during
				a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for
				the subsequent fiscal year shall be equal to 120 percent of the numerical
				limitation of the given fiscal year; or
							(B)is not reached
				during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix)
				for the subsequent fiscal year shall be equal to the numerical limitation of
				the given fiscal
				year.
							.
				IIRetaining
			 foreign workers educated in the United States
			201.United States
			 educated immigrants
				(a)In
			 generalSection 201(b)(1) of the Immigration and Nationality Act
			 (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

						(F)Aliens who have
				earned a master's or higher degree from an accredited United States
				university.
						(G)Aliens who have
				been awarded medical specialty certification based on post-doctoral training
				and experience in the United States preceding their application for an
				immigrant visa under section 203(b).
						(H)Aliens who will
				perform labor in shortage occupations designated by the Secretary of Labor for
				blanket certification under section 212(a)(5)(A) as lacking sufficient United
				States workers able, willing, qualified, and available for such occupations and
				for which the employment of aliens will not adversely affect the terms and
				conditions of similarly employed United States workers.
						(I)Aliens who have
				earned a master's degree or higher in science, technology, engineering, or math
				and have been working in a related field in the United States in a nonimmigrant
				status during the 3-year period preceding their application for an immigrant
				visa under section 203(b).
						(J)Aliens described
				in subparagraph (A) or (B) of section 203(b)(1) or who have received a national
				interest waiver under section 203(b)(2)(B).
						(K)The spouse and
				minor children of an alien who is admitted as an employment-based immigrant
				under section
				203(b).
						.
				(b)Labor
			 certificationsSection 212(a)(5)(A)(ii) of the Immigration and
			 Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) is amended—
					(1)by striking
			 or at the end of subclause (I);
					(2)by striking the
			 period at the end of subclause (II) and inserting ; or;
			 and
					(3)by adding at the
			 end the following:

							(I)is a member of
				the professions and has a master's degree or higher from an accredited United
				States university or has been awarded medical specialty certification based on
				post-doctoral training and experience in the United
				States.
							.
					202.Immigrant visa
			 backlog reductionSection
			 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to
			 read as follows:

					(d)Worldwide level
				of employment-Based immigrantsThe worldwide level of employment-based
				immigrants under this subsection for a fiscal year is equal to the sum
				of—
						(1)290,000;
						(2)the difference between—
							(A)the maximum number of visas authorized to
				be issued under this subsection during the previous fiscal year; and
							(B)the number of such visas issued during the
				previous fiscal year; and
							(3)the difference between—
							(A)the maximum number of visas authorized to
				be issued under this subsection during fiscal years 2001 through 2005 and the
				number of visa numbers issued under this subsection during those fiscal years;
				and
							(B)the number of visas calculated under clause
				(i) that were issued after fiscal year
				2005.
							.
			203.Student visa
			 reform
				(a)In
			 generalSection 101(a)(15)(F) of the Immigration and Nationality
			 Act (8 U.S.C. 1101(a)(15)(F)) is amended to read as follows:

						(F)an alien—
							(i)who—
								(I)is a bona fide student qualified to
				pursue a full course of study in mathematics, engineering, technology, or the
				sciences leading to a bachelors or graduate degree and who seeks to enter the
				United States for the purpose of pursuing such a course of study consistent
				with section 214(m) at an institution of higher education (as defined by
				section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the
				United States, particularly designated by the alien and approved by the
				Secretary of Homeland Security, after consultation with the Secretary of
				Education, which institution or place of study shall have agreed to report to
				the Secretary the termination of attendance of each nonimmigrant student, and
				if any such institution of learning or place of study fails to make reports
				promptly the approval shall be withdrawn; or
								(II)is engaged in temporary employment for
				optional practical training related to such alien’s area of study following
				completion of the course of study described in subclause (I) for a period or
				periods of not more than 24 months;
								(ii)who—
								(I)has a residence in a foreign country
				which the alien has no intention of abandoning, who is a bona fide student
				qualified to pursue a full course of study, and who seeks to enter the United
				States temporarily and solely for the purpose of pursuing such a course of
				study consistent with section 214(m) at an established college, university,
				seminary, conservatory, academic high school, elementary school, or other
				academic institution or in a language training program in the United States,
				particularly designated by the alien and approved by the Secretary of Homeland
				Security, after consultation with the Secretary of Education, which institution
				or place of study shall have agreed to report to the Secretary the termination
				of attendance of each nonimmigrant student, and if any such institution of
				learning or place of study fails to make reports promptly the approval shall be
				withdrawn; or
								(II)is engaged in temporary employment for
				optional practical training related to such alien’s area of study following
				completion of the course of study described in subclause (I) for a period or
				periods of not more than 24 months;
								(iii)who is the spouse or minor child
				of an alien described in clause (i) or (ii) if accompanying or following to
				join such an alien; or
							(iv)who—
								(I)is a national of Canada or Mexico, who
				maintains actual residence and place of abode in the country of nationality,
				who is described in clause (i) or (ii) except that the alien's qualifications
				for and actual course of study may be full or part-time, and who commutes to
				the United States institution or place of study from Canada or Mexico;
				or
								(II)is engaged in temporary employment for
				optional practical training related to such the student’s area of study
				following completion of the course of study described in subclause (I) for a
				period or periods of not more than 24
				months;
								.
				(b)AdmissionSection
			 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by
			 inserting (F)(i), before (L) or (V).
				(c)Conforming
			 amendmentSection 214(m)(1) of the Immigration and Nationality
			 Act (8 U.S.C. 1184(m)(1)) is amended, in the matter preceding subparagraph (A),
			 by striking (i) or and inserting (i), (ii), or
			 (iv).
				204.L–1 visa
			 holders subject to visa backlogSection 214(c)(2) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the
			 following new subparagraph:

					(G)The limitations contained in
				subparagraph (D) with respect to the duration of authorized stay shall not
				apply to any nonimmigrant alien previously issued a visa or otherwise provided
				nonimmigrant status under section 101(a)(15)(L) on whose behalf a petition
				under section 204(b) to accord the alien immigrant status under section 203(b),
				or an application for labor certification (if such certification is required
				for the alien to obtain status under such section 203(b)) has been filed, if
				365 days or more have elapsed since such filing. The Secretary of Homeland
				Security shall extend the stay of an alien who qualifies for an exemption under
				this subparagraph until such time as a final decision is made on the alien's
				lawful permanent
				residence.
					.
			205.Retaining
			 workers subject to green card backlog
				(a)Adjustment of
			 status
					(1)In
			 generalSection 245(a) of the Immigration and Nationality Act (8
			 U.S.C. 1255(a)) is amended to read as follows:

							(a)Eligibility
								(1)In
				generalThe status of an alien who was inspected and admitted or
				paroled into the United States or the status of any other alien having an
				approved petition for classification under subparagraph (A)(iii), (A)(iv),
				(B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of
				Homeland Security or the Attorney General, in the discretion of the Secretary
				or the Attorney General under such regulations as the Secretary or Attorney
				General may prescribe, to that of an alien lawfully admitted for permanent
				residence if—
									(A)the alien makes
				an application for such adjustment;
									(B)the alien is
				eligible to receive an immigrant visa and is admissible to the United States
				for permanent residence; and
									(C)an immigrant visa
				is immediately available to the alien at the time the application is
				filed.
									(2)Supplemental
				feeAn application under paragraph (1) that is based on a
				petition approved or approvable under subparagraph (E) or (F) of section
				204(a)(1) may be filed without regard to the limitation set forth in paragraph
				(1)(C) if a supplemental fee of $500 is paid by the principal alien at the time
				the application is filed. A supplemental fee may not be required for any
				dependent alien accompanying or following to join the principal alien.
								(3)Visa
				availabilityAn application for adjustment filed under this
				paragraph may not be approved until such time as an immigrant visa become
				available.
								.
					(b)Use of
			 feesSection 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by
			 inserting before the period at the end and the fees collected under
			 section 245(a)(2)..
				IIIBusiness
			 facilitation through immigration reform
			301.Streamlining
			 the adjudication process for established employersSection
			 214(c) of the Immigration and Nationality Act (8. U.S.C. 1184) is amended by
			 adding at the end the following new paragraph:

					(1)Not later than 180 days after the
				date of the enactment of the Securing
				Knowledge, Innovation, and Leadership Act of 2006, the Secretary
				of Homeland Security shall establish a pre-certification procedure for
				employers who file multiple petitions described in this subsection or section
				203(b). Such precertification procedure shall enable an employer to avoid
				repeatedly submitting documentation that is common to multiple petitions and
				establish through a single filing criteria relating to the employer and the
				offered employment
				opportunity.
					.
			302.Providing
			 premium processing of employment-based visa petitions
				(a)In
			 generalPursuant to section 286(u) of the Immigration and
			 Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security shall
			 establish and collect a fee for premium processing of employment-based
			 immigrant petitions.
				(b)AppealsPursuant
			 to such section 286(u), the Secretary of Homeland Security shall establish and
			 collect a fee for premium processing of an administrative appeal of any
			 decision on a permanent employment-based immigrant petition.
				303.Eliminating
			 procedural delays in labor certification process
				(a)Prevailing wage
			 rate
					(1)Requirement to
			 provideThe Secretary of Labor shall provide prevailing wage
			 determinations to employers seeking a labor certification for aliens pursuant
			 to part 656 of title 20, Code of Federal Regulation (or any successor
			 regulation). The Secretary may not delegate this function to any agency of a
			 State.
					(2)Schedule for
			 determinationExcept as provided in paragraph (3), the Secretary
			 of Labor shall provide a response to an employer's request for a prevailing
			 wage determination in no more than 20 calendar days from the date of receipt of
			 such request. If the Secretary fails to reply during such 20-day period, then
			 the wage proposed by the employer shall be the valid prevailing wage
			 rate.
					(3)Use of
			 surveysThe Secretary of Labor shall accept an alternative wage
			 survey provided by the employer unless the Secretary determines that the wage
			 component of the Occupational Employment Statistics Survey is more accurate for
			 the occupation in the labor market area.
					(b)Placement of
			 job orderThe Secretary of Labor shall maintain a website with
			 links to the official website of each workforce agency of a State, and such
			 official website shall contain instructions on the filing of a job order in
			 order to satisfy the job order requirements of section 656.17(e)(1) of title
			 20, Code of Federal Regulation (or any successor regulation).
				(c)Technical
			 correctionsThe Secretary of Labor shall establish a process by
			 which employers seeking certification under section 212(a)(5) of the
			 Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as amended by section
			 201(b), may make technical corrections to applications in order to avoid
			 requiring employers to conduct additional recruitment to correct an initial
			 technical error. A technical error shall include any error that would not have
			 a material effect on the validity of the employer’s recruitment of able,
			 willing, and qualified United States workers.
				(d)Administrative
			 appealsMotions to
			 reconsider, and administrative appeals of, a denial of a permanent labor
			 certification application, shall be decided by the Secretary of Labor not later
			 than 60 days after the date of the filing of such motion or such appeal.
				(e)Applications
			 under previous systemNot
			 later than 180 days after the date of the enactment of this Act, the Secretary
			 of Labor shall process and issue decisions on all applications for permanent
			 alien labor certification that were filed prior to March 28, 2005.
				(f)Effective
			 dateThe provisions of this
			 section shall take effect 90 days after the date of enactment of this Act,
			 whether or not the Secretary of Labor has amended the regulations at part 656
			 of title 20, Code of Federal Regulation to implement such changes.
				IVMiscellaneous
			401.Completion of
			 background and security checksSection 103 of the Immigration and
			 Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following
			 new subsection:

					(i)Requirement for
				background checksNotwithstanding any other provision of law,
				until appropriate background and security checks, as determined by the
				Secretary of Homeland Security, have been completed, and the information
				provided to and assessed by the official with jurisdiction to grant or issue
				the benefit or documentation, on an in camera basis as may be necessary with
				respect to classified, law enforcement, or other information that cannot be
				disclosed publicly, the Secretary of Homeland Security, the Attorney General,
				or any court may not—
						(1)grant or order
				the grant of adjustment of status of an alien to that of an alien lawfully
				admitted for permanent residence;
						(2)grant or order
				the grant of any other status, relief, protection from removal, or other
				benefit under the immigration laws; or
						(3)issue any
				documentation evidencing or related to such grant by the Secretary, the
				Attorney General, or any court.
						(j)Requirement to
				resolve fraud allegationsNotwithstanding any other provision of
				law, until any suspected or alleged fraud relating to the granting of any
				status (including the granting of adjustment of status), relief, protection
				from removal, or other benefit under this Act has been investigated and
				resolved, the Secretary of Homeland Security and the Attorney General may not
				be required to—
						(1)grant or order
				the grant of adjustment of status of an alien to that of an alien lawfully
				admitted for permanent residence;
						(2)grant or order
				the grant of any other status, relief, protection from removal, or other
				benefit under the immigration laws; or
						(3)issue any
				documentation evidencing or related to such grant by the Secretary, the
				Attorney General, or any court.
						(k)Prohibition of
				judicial enforcementNotwithstanding any other provision of law,
				no court may require any act described in subsection (i) or (j) to be completed
				by a certain time or award any relief for the failure to complete such
				acts.
					.
			402.Visa
			 revalidation
				(a)In
			 generalSection 222 of the Immigration and Nationality Act (8
			 U.S.C. 1202) is amended by adding at the end the following:

						(i)The Secretary of
				State shall permit an alien granted a nonimmigrant visa under subparagraph E,
				H, I, L, O, or P of section 101(a)(15) to apply for a renewal of such visa
				within the United States if—
							(1)such visa expired
				during the 12-month period ending on the date of such application;
							(2)the alien is
				seeking a nonimmigrant visa under the same subparagraph under which the alien
				had previously received a visa; and
							(3)the alien has
				complied with the immigration laws and regulations of the United
				States.
							.
				(b)Conforming
			 amendmentSection 222(h) of such Act is amended, in the matter
			 preceding subparagraph (1), by inserting and except as provided under
			 subsection (i), after Act.
				403.SeverabilityIf any provision of this Act, any amendment
			 by this Act, or the application of such provision or amendment to any person or
			 circumstance is held to be invalid for any reason, the remainder of this Act,
			 the amendments made by this Act, and the applications of such to any other
			 person or circumstance shall not be affected by such holding.