110 HR 5881 IH: Environment and Public Health

U.S. House of Representatives
2008-04-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5881
		IN THE HOUSE OF REPRESENTATIVES

			April 23, 2008
			Ms. Lee (for herself,
			 Mr. Grijalva, and
			 Mr. Honda) introduced the following
			 bill; which was referred to the Committee
			 on Science and Technology, and in addition to the Committees
			 on Transportation and
			 Infrastructure, Natural
			 Resources, Agriculture, and
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To direct the President to enter into an arrangement with
		  the National Academy of Sciences to evaluate certain Federal rules and
		  regulations for potentially harmful impacts on public health, air quality,
		  water quality, plant and animal wildlife, global climate, or the environment;
		  and to direct Federal departments and agencies to create plans to reverse those
		  impacts that are determined to be harmful by the National Academy of
		  Sciences.

		1.Short titleThis Act may be cited as the
			 Environment and Public Health
			 Restoration Act of 2008.
		2.Findings
			(a)General
			 findingsThe Congress finds as follows:
				(1)As human beings, we share our environment
			 with a wide variety of habitats and ecosystems that nurture and sustain a
			 diversity of species.
				(2)The abundance of
			 natural resources in our environment forms the basis for our economy and has
			 greatly contributed to human development throughout history.
				(3)The accelerated
			 pace of human development over the last several hundred years has significantly
			 impacted our natural environment and its resources, the health and diversity of
			 plant and animal wildlife, the availability of critical habitats, the quality
			 of our air and our water, and our global climate.
				(4)The intervention
			 of the Federal Government is necessary to minimize and mitigate human impact on
			 the environment for the benefit of public health, maintain air quality and
			 water quality, sustain the diversity of plants and animals, combat global
			 climate change, and protect the environment.
				(5)Laws and
			 regulations in the United States have been created and promulgated to minimize
			 and mitigate human impact on the environment for the benefit of public health,
			 maintain air quality and water quality, sustain wildlife, and protect the
			 environment.
				(6)Such laws include the Antiquities Act of
			 1906 (16 U.S.C. 431 et seq.) initiated by President Theodore Roosevelt to
			 create the national park system, the National Environmental Policy Act of 1969
			 (42 U.S.C. 4321 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the
			 Federal Water Pollution Control Act Amendments of 1972 (Public Law 92– 500),
			 the Clean Water Act of 1977 (Public Law 95–217), the Comprehensive
			 Environmental Response, Compensation, and Liability Act of 1980 (Public Law
			 96–510), the Endangered Species Act of 1973 (Public Law 93–205), and the
			 National Forest Management Act of 1976 (Public Law 94–588).
				(7)Attempts to repeal
			 or weaken key environmental safeguards pose dangers to the public health, air
			 quality, water quality, wildlife, and the environment.
				(b)Findings on
			 changes and proposed changes in lawThe Congress finds that,
			 since 2001, the following changes and proposed changes to existing law or
			 regulations have negatively impacted or will negatively impact the environment
			 and public health:
				(1)Clean
			 water
					(A)On May 9, 2002,
			 the Environmental Protection Agency (EPA) and the United States Army Corps of
			 Engineers put forth a final rule that reconciled section 404 regulations of the
			 Clean Water Act by redefining the term fill material and
			 amending the definition of the term discharge of fill material,
			 reversing a 25-year-old Clean Water Act regulation. The new rule fails to
			 restrict the dumping of hardrock mining waste, construction debris, and other
			 industrial wastes into rivers, streams, lakes, and wetlands. The rule further
			 allows destructive mountaintop removal coal mining companies to dump waste into
			 streams and lakes, polluting the surrounding natural habitat and poisoning
			 plants and animals that depend on those water sources.
					(B)On February 12, 2003, the Environmental
			 Protection Agency published the rule National Pollutant Discharge
			 Elimination System Permit Regulation and Effluent Limitation Guidelines and
			 Standards for Concentrated Animal Feeding Operations—new livestock
			 waste regulations that aimed to control factory farm pollution but which would
			 severely undermine existing Clean Water Act protections. This regulation allows
			 large-scale animal factories to foul the Nation’s waters with animal waste,
			 allows livestock owners to draft their own pollution-management plans and avoid
			 groundwater monitoring, legalizes the discharge of contaminated runoff water
			 rich in nitrogen, phosphorus, bacteria, and metals, and ensures that large
			 factory farms are not held liable for the environmental damage they cause. In a
			 2005 Federal Court Decision (Waterkeeper Alliance et al. v. EPA, 399 F.3d 486
			 (2nd Cir. 2005)), major parts of the rule were upheld, others vacated, and
			 still others remanded back to the EPA. The EPA proposed rule revisions in June
			 2006, along with supplementary revisions in March 2008, which are still pending
			 final promulgation.
					(C)On March 19, 2003,
			 the Environmental Protection Agency published a new rule regarding the Total
			 Maximum Daily Load program of the Clean Water Act, which regulates the maximum
			 amount of a particular pollutant that can be present in a body of water and
			 still meet water quality standards. The new rule withdrew the existing
			 regulation put forth on July 13, 2000, and halted momentum in cleaning up
			 polluted waterways throughout the country. By abandoning the existing rule, the
			 Environmental Protection Agency is undermining the effectiveness of clean-up
			 plans and is allowing States to avoid cleaning polluted waters entirely by
			 dropping them from their clean-up lists. Waterways play a crucial role in the
			 lives of Americans and are critical to the livelihood of fish and wildlife. By
			 dropping the July 2000 rule, cleanup of existing polluted rivers, shorelines,
			 and lakes will be delayed, harming more fish and wildlife and worsening the
			 quality of drinking water.
					(D)On June 5, 2007,
			 the Environmental Protection Agency and Army Corps of Engineers jointly issued
			 a Guidance Document in the form of a Legal Memorandum, titled Clean
			 Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos
			 v. United States & Carabell v. United States. This new guidance
			 dictates enforcement actions under the Clean Water Act, and calls for a
			 complicated case-by-case analysis to determine Clean Water Act
			 jurisdiction for waterways that do not flow all year long. Such actions
			 endanger small streams and wetlands that serve as important habitats for
			 aquatic life, which play a fundamental role in safeguarding sources of clean
			 drinking water and mitigate the risks and effects of floods and droughts.
			 Further, the definition provided therein for waters of the United
			 States is applicable to the Clean Water Act as a whole, potentially
			 affecting programs that control industrial pollution and sewage levels, prevent
			 oil spills, and set water quality standards for all waters in the United States
			 protected under the Clean Water Act.
					(2)Forests and land
			 management
					(A)On December 3, 2003, the President signed
			 into law the Healthy Forests Restoration Act of 2003 (Public Law 108–148).
			 Although the law attempts to reduce the risk of catastrophic forest fires, it
			 provides a boon to timber companies by accelerating the aggressive thinning of
			 backcountry forests that are far from at-risk communities. The law allows for
			 increased logging of large, fire-resistant trees that are not in close
			 proximity of homes and communities; it undermines critical protections for
			 endangered species by exempting Federal land management agencies from
			 consulting with the United States Fish and Wildlife Service before approving
			 any action that could harm endangered plants or wildlife; and it limits public
			 participation by reducing the number of environmental project reviews.
					(B)On April 21, 2008,
			 the Department of Agriculture issued a Final Planning Rule and Record of
			 Decision for National Forest System Land Management Planning. Similar to rules
			 enacted by the Administration on January 5, 2005, later remanded back to the
			 agency in Federal district court for violating the National Environmental
			 Policy Act of 1969, the Endangered Species Act of 1973, and the Administrative
			 Procedure Act (Citizens for Better Forestry v. U.S. Dept. of Agriculture, 481
			 F. Supp. 2d 1059 (N.D. Cal. 2007)), this revised rule eliminates strict forest
			 planning standards established in 1982, and opens millions of acres of public
			 lands to damaging and invasive logging, mining, and drilling operations. These
			 regulations would reverse more than 20 years of protection for wildlife and
			 national forests by removing the overall goal of ensuring ecological
			 sustainability in managing the national forest system, weakening the National
			 Forest Management Act of 1976, and effectively ending the review of forest
			 management plans under the National Environmental Policy Act of 1969.
					(C)On September 20,
			 2006, the District Court for the Northern District of California, vacated the
			 Protection of Inventoried Roadless Areas rule, enacted on May 13, 2005, which
			 gave State Governors 18 months to petition the Federal Government to either
			 restore the previous rule for their States, or submit a new management and
			 development plan for national forest areas inventoried under the rule. Despite
			 the enjoinment of the Administration’s 2005 rule, and the subsequent
			 restoration of the original Roadless Area Conservation Rule, the Department of
			 Agriculture has stated that States can still petition for a special rule under
			 the authority of the Administrative Procedure Act. As a result, 58.5 million
			 acres of wild national forests are still vulnerable to logging, road building,
			 and other developments that may fragment natural habitats and negatively impact
			 fish and wildlife.
					(3)Clean
			 air
					(A)On October 20,
			 2005, the Environmental Protection Agency proposed the rule Prevention
			 of Significant Deterioration, Nonattainment New Source Review, and New Source
			 Performance Standards: Emissions Test for Electric Generating Units,
			 along with a supplemental proposal on April 25, 2007. This new rule would
			 significantly undermine the New Source Review Permitting Program, a key tool of
			 the Clean Air Act which requires owners of industrial facilities to install
			 modern pollution control mechanisms whenever existing equipment is expanded,
			 improved, replaced, or significantly repaired. Under the rulemaking proposal,
			 power plants could make modifications without installing controls as long as
			 such changes do not increase maximum hourly emissions
			 achievable, effectively allowing plants to increase annual emissions of
			 pollutants such as sulfur dioxide by more than 10,000 tons per year, any time
			 modifications increase the hourly operations of the facility. Described as
			 effectively unenforceable by the Director of the Environmental
			 Protection Agency’s Air Enforcement Division, the proposed rule weakens the
			 effectiveness of the Clean Air Act and fails to hold the oldest and dirtiest
			 industrial facilities accountable for reducing the amount of pollution they
			 produce, allowing them to continue to emit harmful toxic pollutants that will
			 have a detrimental impact on public health and the environment.
					(B)On March 27, 2008, the Environmental
			 Protection Agency issued a new rule revising National Ambient Air Quality
			 Standards for Ozone (NAAQS), which sets new EPA air pollution limits for ground
			 level ozone, or smog, allowed in the air. Despite a requirement that directs
			 the EPA to set air pollution limits low enough, and with a margin of
			 safety sufficient to protect even the most sensitive groups, this new
			 rule sets primary and secondary standards at .075 parts per million, well above
			 the lower level of .060 found to affect some healthy individuals. The Clean Air
			 Scientific Advisory Committee unanimously recommended a range of .060 to .070
			 for the primary ozone NAAQS. Because existing law allows nonattainment areas up
			 to twenty years to meet air quality standards, the long-term implications of
			 this new standard and its extensive impact on public health across the country
			 necessitate standards supported by available scientific data in order to ensure
			 adequate public protection from serious diseases linked to ozone pollution
			 including asthma, emphysema, and bronchitis.
					(C)On January 3,
			 2007, the Environmental Protection Agency published a proposed rule to amend
			 the General Provisions of the National Emission Standards for Hazardous Air
			 Pollutants (NESHAP). This rule would eliminate the decade-old
			 once-in-always-in policy which requires major source compliance
			 with maximum achievable control technology standards (MACT), subverting the
			 intent of the Clean Air Act for major sources of hazardous air pollutants to
			 achieve maximum emissions reductions. By allowing a major source to acquire
			 area source status by obtaining potential-to-emit permits, and
			 thereby avoid compliance with MACT standards, the proposed rule would allow for
			 significantly higher emission levels of toxic air pollutants from existing
			 plants across the country. Such a provision significantly degrades toxic air
			 pollution standards, and increases health risks for millions of people exposed
			 to higher levels of air toxicity.
					3.Statement of
			 policyIt is the policy of the
			 United States Government to work in conjunction with States, territories,
			 tribal governments, international organizations, and foreign governments in
			 order to act as a steward of the environment for the benefit of public health,
			 maintain air quality and water quality, sustain the diversity of plant and
			 animal species, combat global climate change, and protect the environment for
			 future generations to enjoy.
		4.Study and report
			 on public health or environmental impact of revised rules, regulations, laws,
			 or proposed laws
			(a)StudyNot
			 later than 30 days after the date of enactment of this Act, the President shall
			 enter into an arrangement under which the National Academy of Sciences will
			 conduct a study to determine the impact on public health, air quality, water
			 quality, wildlife, and the environment of the following regulations, laws, and
			 proposed laws:
				(1)Clean
			 water
					(A)Final Revisions to
			 the Clean Water Act Regulatory Definitions of Fill Material and
			 Discharge of Fill Material, finalized and published in the
			 Federal Register on May 9, 2002 (67 FR 31129), amending title 40, Code of
			 Federal Regulations, part 232.
					(B)National Pollutant
			 Discharge Elimination System Permit Regulation and Effluent Limitation
			 Guidelines and Standards for Concentrated Animal Feeding Operations, finalized
			 and published in the Federal Register on February 12, 2003 (68 FR 7176),
			 amending title 40, Code of Federal Regulations, parts 9, 122, 123, and
			 412.
					(C)A March 19, 2003,
			 rule published in the Federal Register (68 FR 13608) withdrawing a July 13,
			 2000, rule revising the Total Maximum Daily Load program of the Clean Water Act
			 (65 FR 43586), amending title 40, Code of Federal Regulations, parts 9, 122,
			 123, 124, and 130.
					(2)Forests and land
			 management
					(A)Healthy Forests
			 Restoration Act of 2003, signed into law on December 3, 2003 (Public Law
			 108–148).
					(B)National Forest
			 System Land Management Planning Rule, finalized and published in the Federal
			 Register on April 21, 2008 (73 FR 21468), replacing the 2005 final rule (70 FR
			 1022, Jan. 5, 2005), as amended March 3, 2006 (71 FR 10837) and the 2000 final
			 rule adopted on November 9, 2000 (65 FR 67514) as amended on September 29, 2004
			 (69 FR 58055), amending title 36, Code of Federal Regulations, part 219.
					(C)The application of
			 the Administrative Procedure Act (5 U.S.C. 551 to 559, 701 to 706, et seq.),
			 such that States may petition for a special rule for the roadless areas in all
			 or part of said State.
					(D)Official Guidance
			 Document, Clean Water Act Jurisdiction Following the U.S. Supreme
			 Court’s Decision in Rapanos v. United States & Carabell v. United
			 States, issued as a Legal Memorandum on June 5, 2007, and announced in
			 the Federal Register on June 8, 2007 (72 FR 31824), relating to jurisdiction
			 under the Clean Water Act, section 404.
					(3)Clean
			 air
					(A)Proposed Rule,
			 Prevention of Significant Deterioration, Nonattainment New Source Review, and
			 New Source Performance Standards: Emissions Test for Electric Generating Units,
			 published in the Federal Register on October 20, 2005 (70 FR 61081), including
			 a supplemental proposal on April 25, 2007 (72 FR 26202), amending title 40,
			 Code of Federal Regulations, parts 51 and 52.
					(B)Final Rule,
			 National Ambient Air Quality Standards for Ozone, published in the Federal
			 Register on March 27, 2008 (73 FR 16436), amending title 40, Code of Federal
			 Regulations, parts 50 and 58.
					(C)Proposed Rule,
			 National Emission Standards for Hazardous Air Pollutants (NESHAP), published in
			 the Federal Register on January 3, 2007 (72 FR 69), amending title 40, Code of
			 Federal Regulations, part 63.
					(b)MethodIn
			 conducting the study under subsection (a), the National Academy of Sciences may
			 utilize and compare existing scientific studies regarding the regulations,
			 laws, and proposed laws listed in subsection (a).
			(c)ReportUnder
			 the arrangement entered into under subsection (a), not later than 270 days
			 after the date on which such arrangement is entered into, the National Academy
			 of Sciences shall make publicly available and shall submit to the Congress and
			 to the head of each department and agency of the Federal Government that
			 issued, implements, or would implement a regulation, law, or proposed law
			 listed in subsection (a), a report containing—
				(1)a
			 description of the impact of all such regulations, laws, and proposed laws on
			 public health, air quality, water quality, wildlife, and the environment,
			 compared to the impact of preexisting regulations, or laws in effect,
			 including—
					(A)any negative
			 impacts to air quality or water quality;
					(B)any negative
			 impacts to wildlife;
					(C)any delays in
			 hazardous waste cleanup that are projected to be hazardous to public health;
			 and
					(D)any other negative
			 impact on public health or the environment; and
					(2)any
			 recommendations that the National Academy of Sciences considers appropriate to
			 maintain, restore, or improve in whole or in part protections for public
			 health, air quality, water quality, wildlife, and the environment for each of
			 the regulations, laws, and proposed laws listed in subsection (a), which may
			 include recommendations for the adoption of any regulation or law in place or
			 proposed prior to January 1, 2001.
				5.Department and
			 agency revision of existing rules, regulations, or lawsNot later than 180 days after the date on
			 which the report is submitted pursuant to section 4(c), the head of each
			 department and agency that has issued or implemented a regulation or law listed
			 in section 4(a) shall submit to the Congress a plan describing the steps such
			 department or such agency will take, or has taken, to restore or improve
			 protections for public health and the environment in whole or in part that were
			 in existence prior to the issuance of such regulation or law.


117 S440 IS: Continued Funding for Senior Services During COVID–19 Act
U.S. Senate
2021-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 440IN THE SENATE OF THE UNITED STATESFebruary 25, 2021Mr. Casey (for himself, Mr. Kelly, Mrs. Gillibrand, Mr. Van Hollen, Mr. Peters, Mr. Blumenthal, Ms. Duckworth, Ms. Klobuchar, Ms. Smith, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo provide continued funding for services under the Older Americans Act of 1965, and for other purposes.1.Short titleThis Act may be cited as the Continued Funding for Senior Services During COVID–19 Act.2.Continued funding for services under the Older Americans Act of 1965(a)In generalThere is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, for an additional amount for Aging and Disability Services Programs within the Administration for Community Living, for activities authorized under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), $1,529,500,000, to remain available until expended, of which— (1)$480,000,000 shall be available for providing supportive services under part B of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d et seq.), including—(A)for efforts to ensure that older individuals have access to legal assistance by supporting the network of legal services in the State for older individuals, which may include—(i)supporting the State in maintaining or developing a legal hotline for older individuals; and(ii)supporting other legal assistance services authorized under part B of title III of such Act;(B)for efforts to provide services to support older individuals with limited English proficiency in addressing concerns as a result of COVID–19; (C)for efforts related to COVID–19 vaccination outreach, including education, communication, transportation, and other activities to facilitate vaccination of older individuals; and (D)for prevention and mitigation activities related to COVID–19 focused on addressing extended social isolation among older individuals, including activities for investments in technological equipment and solutions or other strategies aimed at alleviating negative health effects of social isolation due to long-term stay-at-home recommendations for older individuals for the duration of the COVID–19 public health emergency; (2)$750,000,000 shall be available for providing nutrition services under subparts 1 and 2 of part C of title III of such Act (42 U.S.C. 3030e et seq.); (3)$44,000,000 shall be available for providing evidence-based disease prevention and health promotion services and information under part D of title III of such Act (42 U.S.C. 3030m et seq.);(4)$145,000,000 shall be available for providing caregiver services under part E of title III of such Act (42 U.S.C. 3030s et seq.); (5)$75,500,000 shall be available for providing activities for health, independence, and longevity under titles II and IV of such Act (42 U.S.C. 3011 et seq.; 42 U.S.C. 3031 et seq.), of which—(A)$500,000 shall be available for carrying out section 417 of such Act (42 U.S.C. 3032f); and(B)$75,000,000 shall be available for the Research, Demonstration, and Evaluation Center for the Aging Network under section 201(g) of such Act (42 U.S.C. 3011(g)); (6)$25,000,000 shall be available for providing supportive services, including nutrition services, under title VI of such Act (42 U.S.C. 3057 et seq.); and(7)$10,000,000 shall be available to carry out the long-term care ombudsman program under title VII of such Act (42 U.S.C. 3058 et seq.).(b)Inapplicability of matching requirementsNotwithstanding any other provision of law, the State matching requirements under sections 304(d)(1)(D) and 309(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)(D); 42 U.S.C. 3029(b)(2)) shall not apply to any funds made available under subsection (a).(c)DefinitionsIn this section, the terms older individual and State have the meanings given such terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002).


115 S1294 IS: Native American Education Opportunity Act
U.S. Senate
2017-06-06
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 CONGRESS1st Session
		S. 1294
		IN THE SENATE OF THE UNITED STATES

			June 6, 2017
			Mr. McCain (for himself and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

		A BILL
		To expand opportunity for Native American children through additional options in education, and for
			 other purposes.

		1.Short title
 This Act may be cited as the Native American Education Opportunity Act .
		2.Native American education opportunity program
 (a)In generalPart B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended— (1)by redesignating section 1141 as section 1142; and
 (2)by inserting after section 1140 the following:  1141.Bureau funding of tribal-based education savings account programs (a)Program authorized (1)Bureau disbursementsAt the request of Tribes, the Secretary of the Interior shall, for the 2018–2019 school year and each subsequent school year, disburse not more than 90 percent of the amounts made available under sections 1127 and 1130 for the school year to such Tribes that administer education savings account programs to enable the Tribes to award grants to education savings accounts for ESA eligible students for such school year, in accordance with subsection (b).
 (2)ApplicabilityThis section shall apply with respect to ESA eligible students who have submitted their application for participation under this section to the Tribe of which the student is an enrolled member on or after January 1, 2018.
								(3)Account administration
 (A)In generalA Tribe may enter into an agreement with a nonprofit entity for the administration of the accounts created through the Tribe's education savings account program.
 (B)Nonprofit entity definedIn this paragraph, the term nonprofit entity means an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
 (4)Use of fundsFunds disbursed to a Tribe under this section may be used for— (A)private school tuition and fees;
 (B)textbooks, curriculum, and instructional materials; (C)academic, Native language, or cultural tutoring;
 (D)educational services and therapies for students with special needs; (E)tuition and fees for a non-public online learning program;
 (F)educational technology; (G)examination fees; or
 (H)transportation to and from a school not to exceed $2,000 per year, per ESA eligible student. (b)Disbursements (1)AmountThe amount disbursed by the Secretary of the Interior under subsection (a) to a Tribe shall be, with respect to each ESA eligible student for which the Tribe awards a grant under this section for a school year, the lesser of—
 (A)the amount of the grant provided by the Tribe to the education savings account of the ESA eligible student for the applicable school year; and
 (B)90 percent of the amount that the Secretary would provide to a Bureau-funded school on behalf of such student for the applicable school year under sections 1127 and 1130.
 (2)Quarterly disbursementsA Tribe that receives a disbursement amount under subsection (a) shall make quarterly grant distributions of such amount to education savings accounts for ESA eligible students.
 (3)LimitationA Tribe shall allocate not more than 15 percent of the amount received per pupil under this section to the administration of the education savings account programs of the Tribe.
 (4)Roll over and remaining funds in an accountNot more than 50 percent of an ESA eligible student's total grant amount for a school year made under this section may roll over for use to the following school year.
 (c)Effect on allotmentsFor purposes of any calculation regarding the total number of eligible Indian students under section 1127, the Secretary shall include all ESA eligible students who participate in an education savings account program under this section.
 (d)Rule of constructionA grant awarded to an ESA eligible student under this section shall be considered assistance to the student and shall not be considered assistance to a school that enrolls the ESA eligible student or any other educational service provider from which the ESA eligible student receives services.
 (e)DefinitionsIn this section: (1)ESA eligible student (A)In generalThe term ESA eligible student means an individual who—
 (i)is— (I)an elementary school or secondary school student who attended a Bureau-funded school in the semester preceding the date on which the student first applies for participation in an education savings account program; or
 (II)a child who will be eligible to attend a Bureau-funded school for kindergarten or any other elementary school grade in the next semester that will start after the date on which the student first applies for participation in an education savings account program;
 (ii)will not be attending a Bureau-funded school, receiving an education savings account from another Tribe, or attending a public elementary school or secondary school, while the student is participating in an education savings account program of a Tribe; and
 (iii)meets any eligibility requirements of the education savings account program of the Tribe in which the student applies to participate.
 (B)Period of eligibilityA student who meets the requirements of clauses (i) and (iii) of subparagraph (A) for a school year and who was an enrolled member of the Tribe to which the student submitted an application for participation in the education savings account program of the Tribe at the time of submitting the application to the Tribe shall be deemed to meet the requirements of such clauses until the date on which the student graduates high school or reaches the age of 21 years, whichever occurs first.
 (2)Education savings account programThe term education savings account program means a program administered by a Tribe in which the Tribe awards a grant to an account controlled by a parent of an elementary school or secondary school student from which the parent may purchase goods and services needed for the education of the student.
 (3)ParentThe term parent means a parent, guardian, custodian, or other person with the authority to act on behalf of an ESA eligible student.
 (4)TribeThe term Tribe means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (25 U.S.C. 5131)..
 (b)Conforming amendmentSection 1126(c) of the Education Amendments of 1978 (25 U.S.C. 2006(c)) is amended by striking section 1141(12) and inserting section 1142(12). (c)GAO StudyNot later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall—
 (1)conduct a review of the implementation of the amendments made by this Act during the preceding 3-year period, including any factors impacting increased participation in education savings account programs established pursuant to the amendments made by this Act;
 (2)submit a report describing the results of the review under paragraph (1) to— (A)the Committee on Indian Affairs of the Senate; and
 (B)the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and
 (3)publish the report under paragraph (2).


113 HR 180 PCS: National Blue Alert Act of 2013
U.S. House of Representatives
2013-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 284113th CONGRESS1st SessionH. R. 180IN THE SENATE OF THE UNITED STATESMay 15, 2013ReceivedDecember 20, 2013Read twice and placed on the calendarAN ACTTo encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.1.Short titleThis Act may be cited as the National Blue Alert Act of 2013.2.DefinitionsIn this Act:(1)CoordinatorThe term Coordinator means the Blue Alert Coordinator of the Department of Justice designated under section 4(a).(2)Blue alertThe term Blue Alert means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network.(3)Blue alert planThe term Blue Alert plan means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.(4)Law enforcement officerThe term law enforcement officer shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b).(5)NetworkThe term network means the Blue Alert communications network established by the Attorney General under section 3.(6)StateThe term State means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.3.Blue alert communications networkThe Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.4.Blue alert coordinator; guidelines(a)Coordination within department of justiceThe Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network.(b)Duties of the coordinatorThe Coordinator shall—(1)provide assistance to States and units of local government that are using Blue Alert plans;(2)establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including—(A)a list of the resources necessary to establish a Blue Alert plan;(B)criteria for evaluating whether a situation warrants issuing a Blue Alert;(C)guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;(D)guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if—(i)the law enforcement agency involved—(I)confirms—(aa)the death or serious injury of the law enforcement officer; or(bb)the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or(II)concludes that the law enforcement officer is missing in the line of duty;(ii)there is an indication of serious injury to or death of the law enforcement officer;(iii)the suspect involved has not been apprehended; and(iv)there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;(E)guidelines—(i)that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved;(ii)that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;(iii)for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and(iv)providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and(F)guidelines for—(i)the issuance of Blue Alerts through the network; and(ii)the extent of the dissemination of alerts issued through the network;(3)develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating—(A)the use of public safety communications;(B)command center operations; and(C)incident review, evaluation, debriefing, and public information procedures;(4)work with States to ensure appropriate regional coordination of various elements of the network;(5)establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include—(A)to the maximum extent practicable, representation from the various geographic regions of the United States; and(B)members who are—(i)representatives of a law enforcement organization representing rank-and-file officers;(ii)representatives of other law enforcement agencies and public safety communications;(iii)broadcasters, first responders, dispatchers, and radio station personnel; and(iv)representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;(6)act as the nationwide point of contact for—(A)the development of the network; and(B)regional coordination of Blue Alerts through the network; and(7)determine—(A)what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and(B)which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.(c)Limitations(1)Voluntary participationThe guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory.(2)Dissemination of informationThe guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.(3)Privacy and civil liberties protectionsThe guidelines established under subsection (b) shall—(A)provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and(B)include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers.(d)Cooperation with other agenciesThe Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act.(e)Restrictions on coordinatorThe Coordinator may not—(1)perform any official travel for the sole purpose of carrying out the duties of the Coordinator;(2)lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or(3)host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds.(f)ReportsNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.Passed the House of Representatives May 14, 2013.Karen L. Haas,ClerkDecember 20, 2013Read twice and placed on the calendar


		II
		109th CONGRESS
		2d Session
		S. 3364
		IN THE SENATE OF THE UNITED STATES

			June 5, 2006
			Mr. Nelson of Nebraska
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To authorize appropriate action against Japan for failing
		  to resume the importation of United States beef in a timely manner, and for
		  other purposes.

		1.FindingsCongress makes the following
			 findings:
			(1)The United States
			 cattle industry produces abundant, safe, and healthy food for consumers in the
			 United States and around the world.
			(2)Japan has
			 prohibited imports of beef from the United States since January 20, 2006, when
			 a single shipment of beef products from the United States was found not to be
			 in compliance with the Export Verification protocol agreed to by the United
			 States and Japan in December 2005.
			(3)The noncomplying
			 shipment presented no harm to Japanese consumers and merely consisted of beef
			 products that were not approved for export to Japan. Subsequent investigations
			 have indicated that the noncomplying shipment was the result of human error and
			 that no further noncompliant shipments to Japan were found.
			(4)Japan’s reaction
			 to this single incident of noncompliance, by banning all imports of United
			 States beef, was unnecessarily harsh and overly broad, and it has been damaging
			 and unfair to the United States beef industry.
			(5)The United States
			 and the Government of Japan have been working diligently towards resolving the
			 latest ban on United States beef by Japan, but that ban has not been resolved
			 in a timely manner.
			(6)Notwithstanding
			 the commitments Japan has made, Japan continues to maintain an unjustified ban
			 on imports of United States beef as an unnecessarily harsh measure based on a
			 single incident of noncompliance.
			(7)Japan's continued
			 ban on United States beef has been damaging to the American beef industry,
			 costing that industry an estimated $116,000,000 per month.
			(8)The United States
			 cannot continue to permit Japan to unilaterally close trade of all United
			 States beef products based solely on a single, minor incident of noncompliance
			 under the export verification program.
			2.Certification
			 regarding United States beef exports to Japan
			(a)In
			 generalNotwithstanding any other provision of law, the United
			 States Trade Representative shall, not later than 30 days after the date of the
			 enactment of this Act, submit to Congress the certification described in
			 subsection (b).
			(b)CertificationThe
			 certification described in this subsection means a certification by the United
			 States Trade Representative to Congress that Japan is no longer prohibiting the
			 importation of beef from the United States.
			(c)Sanctions
				(1)In
			 generalIf the certification described in subsection (b) is not
			 made, the United States shall ban the importation of beef products grown or
			 processed in, or exported from, Japan.
				(2)Necessary
			 actionThe United States Trade Representative, in cooperation
			 with the Secretary of Agriculture and the Secretary of Commerce, is authorized
			 to take all necessary actions to carry out the ban of imports of beef and beef
			 products from Japan.
				(3)DurationThe
			 sanctions imposed by this section shall terminate on the date that a
			 certification described in subsection (b) is submitted to Congress.


110 HR 1792 IH: Temporary Agricultural Labor Reform

U.S. House of Representatives
2007-03-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1792
		IN THE HOUSE OF REPRESENTATIVES

			March 29, 2007
			Mr. Goodlatte (for
			 himself, Mr. Bishop of Georgia,
			 Mr. Kingston,
			 Mrs. Jo Ann Davis of Virginia, and
			 Ms. Foxx) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committee on
			 Agriculture, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To simplify the process for admitting temporary alien
		  agricultural workers under section 101(a)(15)(H)(ii)(a) of the Immigration and
		  Nationality Act, to increase access to such workers, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Temporary Agricultural Labor Reform
			 Act of 2007.
		2.Admission of
			 temporary H–2A workers
			(a)Procedure for
			 admissionSection 218 of the Immigration and Nationality Act (8 U.S.C. 1188)
			 is amended to read as follows:

					218.Admission of temporary H–2A workers(a)DefinitionsIn this section:
							(1)Area of
				employmentThe term
				area of employment means the area within normal commuting
				distance of the worksite or physical location where the work of the H–2A worker
				is or will be performed. If such work site or location is within a Metropolitan
				Statistical Area, any place within such area shall be considered to be within
				the area of employment.
							(2)DisplaceThe term displace means to
				lay off a worker from a job that is essentially equivalent to the job for which
				an H–2A worker is sought. A job shall not be considered to be
				essentially equivalent to another job unless the job—
								(A)involves essentially the same
				responsibilities as such other job;
								(B)was held by a
				United States worker with substantially equivalent qualifications and
				experience; and
								(C)is located in the
				same area of employment as the other job.
								(3)Eligible
				individualThe term
				eligible individual means an individual who is not an
				unauthorized alien (as defined in section 274A(h)(3)) with respect to the
				employment of the individual.
							(4)EmployerThe term employer means an
				employer who hires workers to perform agricultural employment.
							(5)H–2A
				workerThe term H–2A
				worker means a nonimmigrant described in section
				101(a)(15)(H)(ii)(a).
							(6)Lay off
								(A)In
				generalThe term lay
				off—
									(i)means to cause a
				worker’s loss of employment, other than through a discharge for inadequate
				performance, violation of workplace rules, cause, voluntary departure,
				voluntary retirement, or the expiration of a grant or contract (other than a
				temporary employment contract entered into in order to evade a condition
				described in paragraph (3) or (7) of subsection (b); and
									(ii)does not include any situation in which the
				worker is offered, as an alternative to such loss of employment, a similar
				employment opportunity with the same employer (or, in the case of a placement
				of a worker with another employer under subsection (h)(2), with either employer
				described in such subsection) at equivalent or higher compensation and benefits
				than the position from which the employee was discharged, regardless of whether
				or not the employee accepts the offer.
									(B)ConstructionNothing in this paragraph is intended to
				limit an employee’s rights under a collective bargaining agreement or other
				employment contract.
								(7)Prevailing
				wageThe term
				prevailing wage means the wage rate that includes the 51st
				percentile of employees with similar experience and qualifications in the
				agricultural occupation in the area of intended employment, calculated using
				the same methodology used by the Department of Labor to determine prevailing
				wage for the purpose of the program described in section 101(a)(15)(H)(ii)(b)
				during 2007, and expressed in terms of the prevailing method of pay for the
				occupation in the area of intended employment.
							(8)United States
				workerThe term United
				States worker means any worker who is—
								(A)a national of the
				United States; or
								(B)a person admitted for permanent resident
				status under section 245 of the Immigration and Nationality Act (8 U.S.C.
				1255).
								(b)PetitionAn
				alien may not be admitted as an H–2A worker unless an employer has filed with
				the Secretary of Homeland Security a petition attesting to the
				following:
							(1)Temporary work
				or services
								(A)In
				generalThe employer is seeking to employ a specific number of
				agricultural workers on a temporary basis and will provide compensation to such
				workers at a specified wage rate and under specified conditions.
								(B)DefinitionFor
				purposes of this paragraph, a worker is employed on a temporary basis if the
				employer intends to employ the worker for no longer than 10 months during any
				contract period.
								(2)Benefits, wages,
				and working conditionsThe employer will provide, at a minimum,
				the benefits, wages, and working conditions required by subsection (j) to all
				workers employed in the jobs for which the H–2A worker is sought and to all
				other temporary workers in the same occupation at the place of
				employment.
							(3)Nondisplacement
				of United States workersThe
				employer did not displace and will not displace a United States worker employed
				by the employer during the period of employment of the H–2A worker and during
				the 30-day period immediately preceding such period of employment in the
				occupation at the place of employment for which the employer seeks approval to
				employ H–2A workers.
							(4)Recruitment
								(A)In
				generalThe employer—
									(i)conducted adequate recruitment in the area
				of intended employment before filing the attestation; and
									(ii)was unsuccessful in locating a qualified
				United States worker for the job opportunity for which the H–2A worker is
				sought.
									(B)Other
				requirementsThe recruitment
				requirement under subparagraph (A) is satisfied if the employer places—
									(i)a local job order with the State workforce
				agency serving the local area where the work will be performed, except that
				nothing in this clause shall require the employer to file an interstate job
				order under section 653 of title 20, Code of Federal Regulations; and
									(ii)a Sunday advertisement in a newspaper of
				general circulation in the area of intended employment.
									(C)Advertisement
				requirementThe advertisement
				requirement under subparagraph (B)(ii) is satisfied if the
				advertisement—
									(i)names the
				employer;
									(ii)directs applicants
				to contact the employer;
									(iii)provides a
				description of the vacancy that is specific enough to apprise United States
				workers of the job opportunity for which certification is sought;
									(iv)describes the
				geographic area with enough specificity to apprise applicants of any travel
				requirements and where applicants will likely have to reside to perform the
				job; and
									(v)states the rate of
				pay, which shall not be less than the wage paid for the occupation in the area
				of intended employment.
									(D)End of
				recruitment requirementThe
				requirement to recruit United States workers shall terminate on the first day
				of the contract period that work begins.
								(5)Offers to united
				states workersThe employer
				has offered or will offer the job for which the H–2A worker is sought to any
				eligible United States worker who—
								(A)applies;
								(B)is qualified for
				the job; and
								(C)will be available
				at the time and place of need.
								(6)Provision of
				insuranceIf the job for which the H–2A worker is sought is not
				covered by State workers’ compensation law, the employer will provide, at no
				cost to the worker, insurance covering injury and disease arising out of, and
				in the course of, the worker’s employment, which will provide benefits at least
				equal to those provided under the State workers’ compensation law for
				comparable employment.
							(7)Requirements for
				placement of H–2A workers with other employersA nonimmigrant who is admitted into the
				United States as an H–2A worker may be transferred to another employer that has
				certified to the Secretary of Homeland Security that it has filed a petition
				under this subsection and is in compliance with this section. The Secretary of
				Homeland Security shall establish a process for the approval and reissuance of
				visas for such transferred H–2A workers as necessary.
							(8)Strike or
				lockoutThere is not a strike
				or lockout in the course of a labor dispute which, under regulations
				promulgated by the Secretary of Labor, precludes the hiring of H–2A
				workers.
							(9)Previous
				violationsThe employer has not, during the previous two-year
				period, employed H–2A workers and knowingly violated a material term or
				condition of approval with respect to the employment of domestic or
				nonimmigrant workers, as determined by the Secretary of Labor after notice and
				opportunity for a hearing.
							(c)Public
				examinationNot later than 1
				working day after the date on which a petition under this section is filed, the
				employer shall make a copy of each such petition available for public
				examination, at the employer’s principal place of business or worksite.
						(d)List
							(1)In
				generalThe Secretary of
				Homeland Security shall maintain a list of the petitions filed under subsection
				(b), which shall—
								(A)be sorted by employer; and
								(B)include the number
				of H–2A workers sought, the wage rate, the period of intended employment, and
				the date of need for each alien.
								(2)AvailabilityThe Secretary of Homeland Security shall,
				at least monthly, submit a copy of the list described in paragraph (1) to the
				Secretary of Labor, who shall make the list available for public
				examination.
							(e)Petitioning for
				admission
							(1)In
				generalAn employer, or an association acting as an agent or
				joint employer for its members, that seeks the admission into the United States
				of an H–2A worker shall file with the Secretary of Homeland Security a petition
				that includes the attestations described in subsection (b).
							(2)Consideration of
				petitionsFor each petition filed and considered under this
				subsection—
								(A)the Secretary of
				Homeland Security may not require such petition to be filed more than 28 days
				before the first date the employer requires the labor or services of the H–2A
				worker; and
								(B)unless the
				Secretary of Homeland Security determines that the petition is incomplete or
				obviously inaccurate, the Secretary, not later than 7 days after the date on
				which such petition was filed, shall either approve or reject the
				petition.
								(3)Expedited
				adjudicationThe Secretary of Homeland Security shall—
								(A)establish a
				procedure for expedited adjudication of petitions filed under this subsection;
				and
								(B)not later than 7
				working days after such filing, transmit, by fax, cable, or other means
				assuring expedited delivery, a copy of notice of action on the petition—
									(i)in
				the case of approved petitions, to the petitioner, the Secretary of Labor, and
				to the appropriate immigration officer at the port of entry or United States
				consulate where the petitioner has indicated that the alien beneficiary or
				beneficiaries will apply for a visa or admission to the United States;
				and
									(ii)in the case of
				denied petitions, to the petitioner, including reasons for the denial and
				instructions on how to appeal such denial.
									(4)Petition
				agreementsBy filing an H–2A petition, a petitioner and each
				employer consents to allow access to the site where the labor is being
				performed to the Department of Labor, the Department of Homeland Security, or a
				State agency for the purpose of investigations to determine compliance with
				H–2A requirements.
							(f)Roles of
				agricultural associations
							(1)Permitting
				filing by agricultural associationsA petition to hire an alien as a temporary
				agricultural worker may be filed by an association of agricultural employers
				which use agricultural services.
							(2)Treatment of
				associations acting as employersIf an association is a joint or sole
				employer of temporary agricultural workers, such workers may be transferred
				among its members to perform agricultural services of a temporary nature for
				which the petition was approved.
							(3)Treatment of
				violations
								(A)Individual
				memberIf an individual
				member of a joint employer association violates any condition for approval with
				respect to the member’s petition, the Secretary of Homeland Security shall deny
				such petition only with respect to that member of the association unless the
				Secretary of Labor determines that the association or other member participated
				in, had knowledge of, or had reason to know of the violation.
								(B)Association of
				agricultural employers
									(i)Joint
				employerIf an association representing agricultural employers as
				a joint employer violates any condition for approval with respect to the
				association’s petition, the Secretary of Homeland Security shall deny such
				petition only with respect to the association and may not apply the denial to
				any individual member of the association, unless the Secretary of Labor
				determines that the member participated in, had knowledge of, or had reason to
				know of the violation.
									(ii)Sole
				employerIf an association of agricultural employers approved as
				a sole employer violates any condition for approval with respect to the
				association’s petition, no individual member of such association may be the
				beneficiary of the services of temporary alien agricultural workers admitted
				under this section in the occupation in which such aliens were employed by the
				association which was denied approval during the period such denial is in
				force, unless such member employs such aliens in the occupation in question
				directly or through an association which is a joint employer of such workers
				with the member.
									(g)Expedited
				administrative appealsThe
				Secretary of Homeland Security shall promulgate regulations to provide for an
				expedited procedure—
							(1)for the review of
				a denial of a petition under this section by the Secretary; or
							(2)at the
				petitioner’s request, for a de novo administrative hearing respecting the
				denial.
							(h)Miscellaneous
				provisions
							(1)Endorsement of
				documentsThe Secretary of Homeland Security shall provide for
				the endorsement of entry and exit documents of H–2A workers as may be necessary
				to carry out this section and to provide notice for purposes of section
				274A.
							(2)Preemption of
				State lawsThe provisions of subsections (a) and (c) of section
				214 and the provisions of this section preempt any State or local law
				regulating admissibility of nonimmigrant workers.
							(3)Fees
								(A)In
				generalThe Secretary of
				Homeland Security may require, as a condition of approving the petition, the
				payment of a fee, in accordance with subparagraph (B), to recover the
				reasonable cost of processing petitions.
								(B)Fee by type of
				employee
									(i)Single
				employerAn employer whose petition for temporary alien
				agricultural workers is approved shall, for each approved petition, pay a fee
				that—
										(I)subject to
				subclause (II), is equal to $100 plus $10 for each approved H–2A worker;
				and
										(II)does not exceed
				$1,000.
										(ii)AssociationEach
				employer-member of a joint employer association whose petition for H–2A workers
				is approved shall, for each such approved petition, pay a fee that—
										(I)subject to
				subclause (II), is equal to $100 plus $10 for each approved H–2A worker;
				and
										(II)does not exceed
				$1,000.
										(iii)Limitation on
				association feesA joint employer association under clause (ii)
				shall not be charged a separate fee.
									(C)Method of
				paymentThe fees collected under this paragraph shall be paid by
				check or money order to the Department of Homeland Security. In the case of
				employers of H–2A workers that are members of a joint employer association
				petitioning applying on their behalf, the aggregate fees for all employers of
				H–2A workers under the petition may be paid by 1 check or money order.
								(4)Employment
				verification program
								(A)In
				generalNot later than 12 months after the date of enactment of
				this paragraph, the Secretary of Homeland Security shall establish a mandatory
				employment verification program for all employers of H–2A workers to verify the
				eligibility of all individuals hired by each such employer, including those who
				present an H–2A visa to work in the United States.
								(B)Employer
				complianceEach employer of an H–2A worker shall comply with the
				requirements promulgated by the Secretary of Homeland Security to verify the
				identity and employment eligibility of all individuals hired.
								(C)RegulationsIn
				carrying out the program under this paragraph, the Secretary of Homeland
				Security shall promulgate regulations to require each employer to verify the
				employment eligibility of each employee hired through—
									(i)a
				secure Internet site;
									(ii)a
				machine capable of reading the H–2A visa, which shall serve as the
				identification and employment eligibility document for each H–2A alien;
				or
									(iii)a toll-free
				telephone number to check the accuracy of any social security number presented
				to the employer.
									(i)Enforcement
							(1)Investigations
				and auditsThe Secretary of
				Labor shall be responsible for conducting investigations and random audits of
				employer work sites to ensure compliance with the requirements of the H–2A
				program and all other requirements under this Act. All monetary fines levied
				against violating employers shall be paid to the Department of Labor and used
				to enhance the Department of Labor's investigatory and auditing power.
							(2)Failure to meet
				conditionsIf the Secretary of Labor finds, after notice and
				opportunity for a hearing, a failure to meet a condition of subsection (a), or
				a material misrepresentation of fact in a petition under subsection (a)—
								(A)the Secretary of
				Labor—
									(i)shall notify the
				Secretary of Homeland Security of such finding; and
									(ii)may, in addition,
				impose such other administrative remedies (including civil money penalties in
				an amount not to exceed $1,000 per violation) as the Secretary of Labor
				determines to be appropriate; and
									(B)the Secretary of
				Homeland Security may disqualify the employer from the employment of H–2A
				workers for a period of 1 year.
								(3)Penalties for
				willful failureIf the
				Secretary of Labor finds, after notice and opportunity for a hearing, a willful
				failure to meet a material condition of subsection (a), or a willful
				misrepresentation of a material fact in a petition under subsection (a)—
								(A)the Secretary of
				Labor—
									(i)shall notify the
				Secretary of Homeland Security of such finding; and
									(ii)may, in addition,
				impose such other administrative remedies (including civil money penalties in
				an amount not to exceed $5,000 per violation) as the Secretary of Labor
				determines to be appropriate;
									(B)the Secretary of Homeland Security
				may—
									(i)disqualify the
				employer from the employment of H–2A workers for a period of 2 years;
									(ii)for a second violation, the Secretary of
				Homeland Security may disqualify the employer from the employment of H–2A
				workers for a period of 5 years; and
									(iii)for a third violation, the Secretary of
				Homeland Security may permanently disqualify the employer from the employment
				of H–2A workers.
									(4)Penalties for
				displacement of United States workersIf the Secretary of Labor finds, after
				notice and opportunity for a hearing, a willful failure to meet a material
				condition of subsection (a) or a willful misrepresentation of a material fact
				in a petition under subsection (a), in the course of which failure or
				misrepresentation the employer displaced a United States worker employed by the
				employer during the period of employment on the employer's petition under
				subsection (a) or during the period of 30 days preceding such period of
				employment—
								(A)the Secretary of
				Labor—
									(i)shall notify the
				Secretary of Homeland Security of such finding; and
									(ii)may, in addition,
				impose such other administrative remedies (including civil money penalties in
				an amount not to exceed $15,000 per violation) as the Secretary of Labor
				determines to be appropriate; and
									(B)the Secretary of Homeland Security
				may—
									(i)disqualify the
				employer from the employment of H–2A workers for a period of 5 years;
				and
									(ii)for a second violation, permanently
				disqualify the employer from the employment of H–2A workers.
									(5)Limitations on
				civil money penaltiesThe
				Secretary of Labor may not impose total civil money penalties with respect to a
				petition under subsection (b) in excess of $90,000.
							(j)Failure To pay
				wages or required benefits
							(1)AssessmentIf the Secretary of Labor finds, after
				notice and opportunity for a hearing, that the employer has failed to pay the
				wages, transportation, subsistence reimbursement, or guarantee of employment
				attested by the employer under subsection (b)(2), the Secretary of Labor shall
				assess payment of back wages, or other required benefits, due any United States
				worker or H–2A worker employed by the employer in the specific employment in
				question.
							(2)AmountThe back wages or other required benefits
				described in paragraph (1)—
								(A)shall be equal to
				the difference between the amount that should have been paid and the amount
				that was paid to such worker; and
								(B)shall be
				distributed to the worker to whom such wages are due.
								(k)Minimum wages,
				benefits, and working conditions
							(1)Preferential
				treatment of aliens prohibited
								(A)In
				generalEach employer seeking
				to hire United States workers shall offer such workers not less than the same
				benefits, wages, and working conditions that the employer is offering, intends
				to offer, or will provide to H–2A workers. No job offer may impose on United
				States workers any restrictions or obligations which will not be imposed on the
				employer’s H–2A workers.
								(B)InterpretationEvery interpretation and determination made
				under this section or under any other law, regulation, or interpretative
				provision regarding the nature, scope, and timing of the provision of these and
				any other benefits, wages, and other terms and conditions of employment shall
				be made so that—
									(i)the services of
				workers to their employers and the employment opportunities afforded to workers
				by the employers, including those employment opportunities that require United
				States workers or H–2A workers to travel or relocate in order to accept or
				perform employment—
										(I)mutually benefit
				such workers, as well as their families, and employers; and
										(II)principally
				benefit neither employer nor employee; and
										(ii)employment
				opportunities within the United States benefit the United States
				economy.
									(2)Required
				wages
								(A)In
				generalEach employer
				petitioning for workers under subsection (b) shall pay not less than the
				greater of—
									(i)the prevailing
				wage to all workers in the occupation for which the employer has petitioned for
				workers; or
									(ii)the applicable
				State minimum wage.
									(B)Determination of
				wagesAn employer seeking to
				comply with subparagraph (A) may—
									(i)request and obtain
				a prevailing wage determination from the State employment agency; or
									(ii)rely on other
				wage information, including a survey of the prevailing wages of workers in the
				occupation in the area of employment that has been conducted or funded by the
				employer or a group of employers, using the methodology used by the Secretary
				of Labor to establish Occupational Employment and Wage estimate, or another
				methodology approved by the Secretary of Labor for the purpose of determining
				H–2A wages.
									(C)ComplianceAn employer shall be considered to have
				complied with the requirement under subparagraph (A) if the employer—
									(i)(I)obtains a prevailing
				wage determination under subparagraph (C)(i); or
										(II)relies on a qualifying survey of
				prevailing wages; and
										(ii)pays such
				prevailing wage.
									(3)Reimbursement of
				transportation costs
								(A)Requirement for
				reimbursementAn H–2A worker who completes 50 percent of the
				period of employment of the job for which the worker was hired, beginning on
				the first day of such employment, shall be reimbursed by the employer for the
				cost of the worker’s transportation and subsistence from—
									(i)the place from
				which the H–2A worker was approved to enter the United States to the location
				at which the work for the employer is performed; or
									(ii)if the H–2A
				worker traveled from a place in the United States at which the H–2A worker was
				last employed, from such place of last employment to the location at which the
				work for the employer is performed.
									(B)Timing of
				reimbursementReimbursement to the worker of expenses for the
				cost of the worker’s transportation and subsistence to the place of employment
				under subparagraph (A) shall be considered timely if such reimbursement is made
				not later than the worker’s first regular payday after a worker completes 50
				percent of the period of employment of the job opportunity as provided under
				this paragraph.
								(C)Additional
				reimbursementA worker who completes the period of employment for
				the job opportunity involved shall be reimbursed by the employer for the cost
				of the worker’s transportation and subsistence from the work site to the place
				where the worker was approved to enter the United States to work for the
				employer. If the worker has contracted with a subsequent employer, the previous
				and subsequent employer shall share the cost of the worker’s transportation and
				subsistence from work site to work site.
								(D)Limitation
									(i)Amount of
				reimbursementThe amount of reimbursement provided to a worker or
				alien under this paragraph shall be equal to the lesser of—
										(I)the actual cost to
				the worker or alien of the transportation and subsistence involved; or
										(II)the most
				economical and reasonable common carrier transportation charges and subsistence
				costs for the distance involved.
										(ii)Distance
				traveledNo reimbursement under subparagraph (A) or (B) shall be
				required if the distance traveled is 100 miles or less.
									(E)Reimbursement
				for laid off workersIf the worker is laid off or employment is
				terminated for contract impossibility (as described in paragraph (5)(D)) before
				the anticipated ending date of employment, the employer shall provide—
									(i)the transportation
				and subsistence required under subparagraph (C); and
									(ii)notwithstanding
				whether the worker has completed 50 percent of the period of employment, the
				transportation reimbursement required under subparagraph (A).
									(F)ConstructionNothing
				in this paragraph shall be construed to require an employer to reimburse visa,
				passport, consular, or international bordercrossing fees or any other fees
				associated with the H–2A worker’s lawful admission into the United States to
				perform employment that may be incurred by the worker.
								(4)Employment
				guarantee
								(A)In
				general
									(i)RequirementEach
				employer petitioning for workers under subsection (b) shall guarantee to offer
				the worker employment for the hourly equivalent of not less than 75 percent of
				the work hours during the total anticipated period of employment, beginning
				with the first work day after the arrival of the worker at the place of
				employment and ending on the expiration date specified in the job offer.
									(ii)Failure to meet
				guaranteeIf the employer affords the United States worker or the
				H–2A worker less employment than that required under this subparagraph, the
				employer shall pay such worker the amount which the worker would have earned if
				the worker had worked for the guaranteed number of hours.
									(iii)Period of
				employmentFor purposes of this subparagraph, the term “period of
				employment” means the total number of anticipated work hours and workdays
				described in the job offer and shall exclude the worker’s Sabbath and Federal
				holidays.
									(B)Calculation of
				hoursAny hours which the worker fails to work, up to a maximum
				of the number of hours specified in the job offer for a work day, when the
				worker has been offered an opportunity to do so, and all hours of work actually
				performed (including voluntary work in excess of the number of hours specified
				in the job offer in a work day, on the worker’s Sabbath, or on Federal
				holidays) may be counted by the employer in calculating whether the period of
				guaranteed employment has been met.
								(C)LimitationIf
				the worker voluntarily abandons employment before the end of the contract
				period, or is terminated for cause, the worker is not entitled to the 75
				percent guarantee described in subparagraph (A).
								(D)Termination of
				employment
									(i)In
				generalIf, before the expiration of the period of employment
				specified in the job offer, the services of the worker are no longer required
				due to any form of natural disaster, including flood, hurricane, freeze,
				earthquake, fire, drought, plant or animal disease, pest infestation,
				regulatory action, or any other reason beyond the control of the employer
				before the employment guarantee in subparagraph (A) is fulfilled, the employer
				may terminate the worker’s employment.
									(ii)RequirementsIf
				a worker’s employment is terminated under clause (i), the employer
				shall—
										(I)fulfill the
				employment guarantee in subparagraph (A) for the work days that have elapsed
				during the period beginning on the first work day after the arrival of the
				worker and ending on the date on which such employment is terminated;
				and
										(II)make efforts to
				transfer the United States worker to other comparable employment acceptable to
				the worker.
										(l)Expedited
				adjudication by the SecretaryThe Secretary of Homeland
				Security—
							(1)shall establish a
				procedure for expedited adjudication of petitions filed under subsection (e);
				and
							(2)not later than 7 working days after such
				filing shall, by fax, cable, or other means assuring expedited delivery
				transmit a copy of notice of action on the petition—
								(A)to the petitioner;
				and
								(B)in the case of
				approved petitions, to the appropriate immigration officer at the port of entry
				or United States consulate (as the case may be) where the petitioner has
				indicated that the alien beneficiary (or beneficiaries) will apply for a visa
				or admission to the United States.
								(m)Disqualification
							(1)In
				generalSubject to paragraph (2), an alien shall be considered
				inadmissible to the United States and ineligible for nonimmigrant status under
				section 101(a)(15)(H)(ii)(a) if the alien has, at any time during the past 5
				years, violated a term or condition of admission into the United States as a
				nonimmigrant, including overstaying the period of authorized admission.
							(2)Waivers
								(A)In
				generalAn alien seeking
				admission under section 101(a)(15)(H)(ii)(a) while outside of the United States
				shall not be deemed inadmissible under such section by reason of—
									(i)paragraph
				(1);
									(ii)section
				212(a)(6)(C), if such alien has previously falsely represented himself or
				herself to be a citizen of the United States for the purpose of agricultural
				employment; or
									(iii)section
				212(a)(9)(B), unless such alien was deported from the United States;
									if the
				violation occurred on or before the date of the enactment of this Act.(B)Effective period
				of waiverIf an alien is
				admitted to the United States as a result of a waiver under subparagraph (A),
				such waiver shall remain in effect unless the alien subsequently
				violates—
									(i)a
				material provision of this section; or
									(ii)a
				term or condition of admission into the United States as a nonimmigrant.
									(n)Period of
				admission
							(1)In
				generalAn H–2A worker shall
				be admitted for a period of employment, not to exceed 10 months, that
				includes—
								(A)a period of not
				more than 7 days prior to the beginning of the period of employment for the
				purpose of travel to the work site; and
								(B)a period of not
				more than 14 days following the period of employment for the purpose of
				departure or extension based on a subsequent offer of employment.
								(2)Employment
				limitationAn alien may not
				be employed during the 14-day period described in paragraph (1)(B) except in
				the employment for which the alien was previously authorized.
							(3)ConstructionNothing
				in this subsection shall limit the authority of the Secretary of Homeland
				Security to extend the stay of an alien under any other provision of this
				Act.
							(o)Abandonment of
				employment
							(1)In
				generalAn alien admitted or provided status under section
				101(a)(15)(H)(ii)(a) who abandons the employment which was the basis for such
				admission or status—
								(A)shall have failed
				to maintain nonimmigrant status as an H–2A worker; and
								(B)shall depart the
				United States or be subject to removal under section 237(a)(1)(C)(i).
								(2)Report by
				employerNot later than 24
				hours after the abandonment of employment by an H–2A worker, the employer or
				association acting as an agent for the employer, shall notify the Secretary of
				Homeland Security of such abandonment.
							(3)RemovalThe Secretary of Homeland Security shall
				promptly remove from the United States any H–2A worker who violates any term or
				condition of the worker’s nonimmigrant status.
							(4)Voluntary
				terminationNotwithstanding
				paragraph (1), an alien may voluntarily terminate the alien’s employment if the
				alien promptly departs the United States upon termination of such
				employment.
							(p)Replacement of
				alien
							(1)In
				generalUpon notification
				under subsection (p)(2)—
								(A)the Secretary of
				State shall promptly issue a visa to, and the Secretary of Homeland Security
				shall admit into the United States, an eligible alien designated by the
				employer to replace an H–2A worker who abandons or prematurely terminates
				employment; and
								(B)the Secretary of
				Homeland Security shall admit such alien into the United States.
								(2)ConstructionNothing
				in this subsection shall limit any preference for which United States workers
				are eligible under this Act.
							(q)Identification
				document
							(1)In
				generalThe Secretary of
				Homeland Security shall provide each authorized H–2A worker with a single
				machine-readable, tamper-resistant, and counterfeit-resistant document
				that—
								(A)authorizes the
				alien’s entry into the United States;
								(B)serves, for the
				appropriate period, as an employment eligibility document; and
								(C)verifies the
				identity of the alien.
								(2)Form
								(A)The document shall be—
									(i)in
				a form that is resistant to counterfeiting and to tampering; and
									(ii)compatible with—
										(I)other databases of
				the Secretary of Homeland Security for the purpose of excluding an alien from
				benefits for which an alien is not eligible and determining whether the alien
				is unlawfully present in the United States; and
										(II)law enforcement
				databases for the purpose of determining if an alien has been convicted of
				criminal offenses.
										(B)As soon as practicable, the document shall
				include a biometric identifier. The determination of a biometric identifier to
				be used for such purposes shall take into account factors such as efficiency,
				accuracy, the technology available, economic considerations, and storage
				requirements.
								(r)Extension of
				stay of H–2A workers in the United States
							(1)Extension of
				stayIf an employer seeks approval to employ an H–2A worker who
				is lawfully present in the United States, the petition filed by the employer or
				an association pursuant to subsection (p) shall request an extension of the
				alien’s stay and, if applicable, a change in the alien’s employment.
							(2)Limitation on
				filing petition for extension of stayA petition may not be filed
				for an extension of an alien’s stay for a period of more than 10 months.
							(3)Work
				authorization upon filing petition for extension of stay
								(A)In
				generalAn alien who is
				lawfully present in the United States on the date of the filing of a petition
				to extend the stay of the alien may commence or continue the employment
				described in a petition under paragraph (1). The employer shall provide a copy
				of the employer’s petition for extension of stay to the alien. The alien shall
				keep the petition with the alien’s identification and employment eligibility
				document, as evidence that the petition has been filed and that the alien is
				authorized to work in the United States.
								(B)Employment
				eligibility documentUpon
				approval of a petition for an extension of stay or change in the alien’s
				authorized employment, the Secretary of Homeland Security shall provide a new
				or updated employment eligibility document to the alien indicating the new
				validity date, after which the alien is not required to retain a copy of the
				petition.
								(C)File
				definedIn this paragraph,
				the term file means sending the petition by certified mail via
				the United States Postal Service, return receipt requested, or delivering by
				guaranteed commercial delivery which will provide the employer with a
				documented acknowledgment of the date of receipt of the petition for an
				extension of stay.
								(4)Limitation on an
				individual’s stay in status
								(A)Maximum
				periodThe maximum continuous period of authorized status as an
				H–2A worker (including any extensions) is 20 months.
								(B)Requirement to
				remains outside the United States
									(i)In
				generalSubject to clause (ii), in the case of an alien outside
				the United States whose period of authorized status as an H–2A worker
				(including any extensions) has expired, the alien may not again apply for
				admission to the United Stats as an H–2A worker unless the alien has remained
				outside the United States for a continuous period equal to at least
				1/5 the duration of the alien’s previous period of
				authorized status as an H–2A worker (including any extensions).
									(ii)ExceptionClause
				(i) shall not apply in the case of an alien if the alien’s period of authorized
				status as an H–2A worker (including any extensions) was for a period of not
				more than 10 months and such alien has been outside the United States for at
				least 2 months during the 12 months preceding the date the alien again is
				applying for admission to the United States as an H–2A worker.
									(s)Special rule for
				aliens employed as sheepherders, goatherders, or dairy workersNotwithstanding any other provision of this
				section, an alien admitted under section 101(a)(15)(H)(ii)(a) for employment as
				a sheepherder, goatherder, or dairy worker—
							(1)may be admitted
				for a period of 12 months; and
							(2)shall not be
				subject to the requirements of subsection
				(r)(4)(B).
							.
			(b)RegulationsNot
			 later than 180 days after the date of the enactment of this Act, the Secretary
			 of Homeland Security shall promulgate regulations, in accordance with the
			 notice and comment provisions of section 553 of title 5, United States Code, to
			 provide for the uniform procedures for the issuance of visas to nonimmigrants
			 described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality
			 Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) by visa-issuing United States consulates
			 and consular officers.
			(c)Conforming
			 amendmentSection 101(a)(15)(H)(ii)(a) of the Immigration and
			 Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by striking
			 of a temporary or seasonal nature and inserting and with
			 respect to whom the intending employer has filed with the Secretary a petition
			 under section 218(a).
			3.Emergency grants
			 to assist employers with H–2A transportation costsSubtitle
			 D of the Consolidated Farm and Rural
			 Development Act (7 U.S.C. 1981 et seq.) is amended by adding at the
			 end the following:

				379E.Emergency
				grants to assist employers with H–2A transportation costs
					(a)In
				generalThe Secretary of
				Agriculture may make grants, not to exceed $1,000,000 annually, to employers of
				H–2A workers for the purpose of reimbursing the employers for the amounts paid
				to H–2A workers under section 218(m)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1188)
				(as amended by the Temporary Agricultural Labor Reform Act of
				2005) if, before the expiration of the period of employment specified
				in the job offer, the services of the worker are no longer required for reasons
				beyond the control of the employer due to any form of natural disaster,
				including but not limited to a flood, hurricane, freeze, earthquake, fire,
				drought, plant or animal disease or pest infestation, or regulatory
				drought.
					(b)FundingThe
				grants described in subsection (a) shall be made out of the funds, facilities
				and authorities of the Commodity Credit Corporation to the extent that such
				funds are provided in advance through an appropriations
				act.
					.
		4.Establishment of
			 H–2A ombudsmanSubtitle D of
			 the Consolidated Farm and Rural Development
			 Act (7 U.S.C. 1981 et seq.), as amended by section 3 of this Act, is
			 amended by adding at the end the following:

				379F.Establishment
				of H–2A ombudsman
					The Secretary
				shall establish an H–2A Worker Program Ombudsman within the Office of
				Agriculture Labor Affairs, Office of the Chief Economist, U.S. Department of
				Agriculture. The H–2A Ombudsman shall help resolve disputes and other conflicts
				between contracted H–2A workers and their employers, other than alleged
				violations of conditions required under section 218(a) of the
				Immigration and Nationality Act (8
				U.S.C.
				1188(a)).
					.
		5.Legal assistance
			 provided by the legal services corporation
			(a)In
			 generalSection 305 of the Immigrant Reform and Control Act of
			 1986 (8 U.S.C. 1101 note) is amended—
				(1)by striking
			 A nonimmigrant and inserting (a)
			 In general.—A
			 nonimmigrant; and
				(2)by adding at the
			 end the following:

						(b)Legal
				assistanceThe Legal Services Corporation may not provide legal
				assistance for or on behalf of any alien, and may not provide financial
				assistance to any person or entity that provides legal assistance for or on
				behalf of any alien, unless the alien—
							(1)is present in the
				United States at the time the legal assistance is provided; and
							(2)is an alien to
				whom subsection (a)
				applies.
							.
				(b)MediationSection
			 305 of the Immigrant Reform and Control Act of 1986 (8 U.S.C. 1101 note), as
			 amended by subsection (a), is further amended by adding at the end the
			 following:

					(c)Required
				mediationThe Legal Services Corporation may not bring a civil
				action for damages on behalf of a nonimmigrant described in section
				101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C.
				1101(a)(15)(H)(ii)(a)), unless at least 90 days prior to bringing the action a
				request has been made to the Federal Mediation and Conciliation Service to
				assist the parties in reaching a satisfactory resolution of all issues
				involving all parties to the dispute and mediation has been
				attempted.
					.
			(c)Condition for
			 entry onto property for Legal Services Corporation
			 representationSection 305 of the Immigrant Reform and Control
			 Act of 1986 (8 U.S.C. 1101 note), as amended by subsection (b), is further
			 amended by adding at the end the following:

					(d)Condition for
				entry onto employer’s property for Legal Services Corporation
				representationNo employer of
				a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) of the
				Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) shall be
				required to permit any recipient of a grant or contract under section 1007 of
				the Legal Services Corporation Act (42 U.S.C. 2996f), or any employee of such a
				recipient, to enter upon the employer’s property, unless such recipient or
				employee has a pre-arranged appointment with a specific nonimmigrant having
				such
				status.
					.
			6.Effective
			 dateThe amendments made by
			 this Act shall take effect on the date that is 180 days after the date of the
			 enactment of this Act.


		II
		112th CONGRESS
		2d Session
		S. 2746
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Mr. Casey introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend and modify the temporary suspension of duty on
		  yttrium oxide.

		1.Yttrium oxide
			(a)In
			 generalHeading 9902.02.21 of
			 the Harmonized Tariff Schedule of the United States (relating to yttrium oxide)
			 is amended—
				(1)by striking
			 Yttrium oxides having a purity of at least 99.9 percent in the
			 article description and inserting Yttrium oxide; and
				(2)by striking the
			 date in the effective period column and inserting
			 12/31/2015.
				(b)Effective
			 dateThe amendments made by subsection (a) apply to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


109 HR 684 IH: To amend title 28, United States Code, to provide an additional bankruptcy judge for the eastern district of California, and for other purposes.
U.S. House of Representatives
2005-02-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 684
IN THE HOUSE OF REPRESENTATIVES

February 9, 2005
Mr. Thomas introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend title 28, United States Code, to provide an additional bankruptcy judge for the eastern district of California, and for other purposes.

1.Additional bankruptcy judgeThe table contained in section 152(a)(2) of title 28, United States Code, is amended in the item relating to the eastern district of California, by striking 6 and inserting 7.
2.Sense of CongressIt is the sense of Congress that bankruptcy judges should conduct bankruptcy proceedings on a daily basis in Bakersfield, California.


115 HR 1786 IH: Congressional Halt in Pay Increases and Cut Congressional Pay Act
U.S. House of Representatives
2017-03-29
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1786IN THE HOUSE OF REPRESENTATIVESMarch 29, 2017Mr. Loebsack introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, 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 reduce the rate of pay for Members of Congress by 10 percent and to eliminate automatic pay
			 adjustments for Members.

 1.Short titleThis Act may be cited as the Congressional Halt in Pay Increases and Cut Congressional Pay Act. 2.Reduction in pay (a)In generalSection 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) is amended to read as follows:

					601.
 (a)Effective as of the beginning of the first applicable pay period commencing after the date on which is held the next regularly scheduled general election for Federal office following the date of the enactment of the Congressional Halt in Pay Increases and Cut Congressional Pay Act, the annual rate of pay for—
 (1)each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico,
 (2)the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and
 (3)the Speaker of the House of Representatives, shall be equal to the annual rate of pay for that position as of the date on which such general election is held, reduced by 10 percent.. (b)Effective dateSubsection (a) shall take effect as of the date on which is held the next regularly scheduled general election for Federal office following the date of the enactment of this Act.


116 S579 ENR: To make a technical correction to the ALS Disability Insurance Access Act of 2019.
U.S. Senate

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

One Hundred Seventeenth Congress of the United States of America1st SessionBegun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty oneS. 579IN THE SENATE OF THE UNITED STATESAN ACTTo make a technical correction to the ALS Disability Insurance Access Act of 2019.1.Retroactive access to social security disability benefits individuals with amyotrophic lateral sclerosis (ALS)(a)In generalSection 2(b) of the ALS Disability Insurance Access Act of 2019 (Public Law 116–250) is amended by striking applications for disability insurance benefits filed after the date of enactment of this Act and inserting applications for disability insurance benefits approved after the date that is 5 months before the date of enactment of this Act.(b)Effective dateThe amendment made by this section shall take effect as if included in the enactment of the ALS Disability Insurance Access Act of 2019 (Public Law 116–250).Speaker of the House of RepresentativesVice President of the United States and President of the Senate