109 HR 6418 IH: Nursing Relief Act of 2006
U.S. House of Representatives
2006-12-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 2d Session
H. R. 6418
IN THE HOUSE OF REPRESENTATIVES

December 7, 2006
Mr. Shadegg (for himself, Mr. Pastor, Mr. Renzi, and Mr. Flake) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To create a new nonimmigrant visa category for registered nurses, and for other purposes.

1.Short titleThis Act may be cited as the Nursing Relief Act of 2006.
2.Findings and purpose
(a)FindingsThe Congress finds the following:
(1)There are more vacant nursing positions in the United States than there are qualified registered nurses and nursing school candidates to fill those positions.
(2)According to the Department of Labor, the current national nursing shortage exceeds 126,000.
(3)States in the West and Southwest have a disproportionate number of nursing vacancies because of rapid population growth, which exacerbates a widening gap in the number of facilities and staff compared to patients that need care.
(4)Foreign countries such as the Philippines, India, and China have an oversupply of nurses.
(5)Major hospital systems in the United States spend hundreds of millions of dollars every year recruiting foreign nurses under our current immigration system.
(6)Current law, with certain limited exceptions, requires health care providers to sponsor desired nurses for permanent resident status while the nurses remain outside of the United States, which can take as much as 3 years.
(7)This cost is passed on to consumers and adds to the rising cost of health care.
(8)Health care providers cannot efficiently and effectively recruit qualified foreign nurses through the existing immigration process.
(9)Our health care system requires an immediate modification of Federal laws relating to recruitment of qualified foreign nurses in order to operate at an efficient and effective level.
(b)PurposeThe purpose of this Act is to create a new nonimmigrant visa category for registered nurses and establish admission requirements for such nonimmigrants.
3.Requirements for admission of nonimmigrant nurses
(a)Establishment of a new nonimmigrant categorySection 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
(1)by striking or at the end of subparagraph (U),
(2)by striking the period at the end of subparagraph (V) and inserting ; or; and
(3)by adding at the end the following:

(W)an alien who is coming temporarily to the United States to perform services as a professional nurse, as described in section 212(v)(1)(A), who meets the qualifications described in section 212(v)(1)(B), and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(v)(2), and the alien spouse and children of any such principal alien, if accompanying or following to join the principal alien..
(b)Requiring petition of importing employerSection 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:.

(15)
(A)The question of importing any alien as a nonimmigrant under section 101(a)(15)(W) in any specific case or specific cases shall be determined by the consular officer, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition shall be made and approved before the visa is granted. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall prescribe by regulation. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant.
(B)The following petitions shall be determined by the Secretary of Homeland Security, after consultation with appropriate agencies of the Government:
(i)A petition for an alien lawfully present in the United States to be initially granted nonimmigrant status described in section 101(a)(15)(W).
(ii)A petition for an alien having such status to obtain an extension of stay.
(iii)A petition to obtain authorization for an alien having such status to change employers..
(c)Shifting burden of proof for nonimmigrant statusSection 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking (L) or (V) and inserting (L), (V), or (W).
(d)Allowing petition for permanent residence while in nonimmigrant statusSection 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by striking (L), or (V) and inserting (L), (V), or (W).
(e)Other admission requirementsSection 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended—
(1)by redesignating the second subsection (t) (added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470)) as subsection (u); and
(2)by adding at the end the following:

(v)
(1)
(A)For purposes of section 101(a)(15)(W) and this subsection—
(i)the term professional nurse means a person who applies the art and science of professional nursing in a manner that reflects comprehension of principles derived from the physical, biological, and behavioral sciences; and
(ii)the term professional nursing includes—
(I)making clinical judgments involving the observation, care, and counsel of persons requiring nursing care;
(II)administering of medicines and treatments prescribed by the physician or dentist; and
(III)participation in the activities for the promotion of health and prevention of illness in others.
(B)The qualifications referred to in section 101(a)(15)(W) are that the alien is qualified, under the laws (including such temporary or interim licensing provisions or nurse licensure compact provisions which authorize the nurse to be employed) governing the place of intended employment, to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed, except that if the alien has completed all licensing requirements except for submission of a social security account number, the alien may provide a letter from the State Board of Nursing of the State of intended employment which confirms that the alien is eligible for license issuance upon presentation of such number.
(2)
(A)The attestation referred to in section 101(a)(15)(W) is an attestation by the employer to the following:
(i)The employer is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 101(a)(15)(W) wages that are at least—
(I)the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or
(II)the prevailing wage level for the occupational classification in the area of employment;whichever is greater, based on the best information available as of the time of the attestation.
(ii)The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed at the worksite.
(iii)The alien will be paid the wage rate for registered nurses similarly employed at the worksite.
(iv)There is not a strike or lockout in the course of a labor dispute in the registered nurse classification at the worksite.
(v)The employer has provided notice of the filing of the attestation to the bargaining representative of the registered nurses at the worksite or, if there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the worksite through physical posting in a conspicuous location at the worksites.
(vi)The number of workers sought, the work locations, and the wage rate and conditions under which they will be employed.
(B)The employer shall make a copy of the attestation available for public examination, within 10 working days after the date on which the attestation is filed, at the employer’s principal place of business or worksite (along with such accompanying documents as are necessary).
(C)The Secretary of Labor shall review the attestation only for completeness and obvious inaccuracies. Unless such Secretary finds that the attestation is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(W) within 7 days of the date of the filing of the attestation.
(D)An attestation under subparagraph (A)—
(i)shall expire on the date that is the later of—
(I)the end of the 3-year period beginning on the date on which it is filed; or
(II)the end of the period of admission under section 101(a)(15)(W) of the last alien with respect to whose admission it applied (in accordance with clause (ii)); and
(ii)shall apply to petitions described in section 214(c)(15) filed during the 3-year period beginning on the date on which it is filed if the employer states in each such petition that it continues to comply with the conditions in the attestation.
(E)An employer may meet the requirements of this paragraph with respect to more than one professional nurse in a single attestation.
(F)An employer may meet the requirements of this paragraph with respect to more than one work location in a single attestation.
(3)
(A)The Secretary of Labor shall compile, and make available for public examination in a timely manner, a list identifying employers that have filed attestations under paragraph (2)(A). Such list shall include, with respect to each attestation, the wage rate, number of aliens sought, and period of intended employment.
(B)The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an employer’s failure to meet a condition specified in an attestation submitted under paragraph (2)(A) or a misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). The Secretary shall conduct an investigation under this subparagraph if there is reasonable cause to believe that an employer willfully failed to meet a condition or willfully misrepresented a material fact. No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively.
(C)Under such process, the Secretary of Labor shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in subparagraph (B). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the hearings under this clause on such complaints.
(D)If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has willfully failed to meet a condition specified in an attestation or that there was a willful misrepresentation of material fact in the attestation, the Secretary shall notify the Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Secretary of Homeland Security shall not approve petitions described in section 214(c)(15) by the employer during a period of at least 1 year for nurses to be employed by the employer.
(4)
(A)A nonimmigrant alien described in subparagraph (B) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(W) is authorized to accept new employment upon the filing by the prospective employer of a petition described in section 214(c)(15)(B)(iii) on behalf of such nonimmigrant. Employment authorization shall continue for such alien until such petition is adjudicated. If such petition is denied, such authorization shall cease.
(B)A nonimmigrant alien described in this subparagraph is a nonimmigrant alien—
(i)who has been lawfully admitted into the United States;
(ii)on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and
(iii)who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.
(5)
(A)The initial period of authorized admission for a nonimmigrant under section 101(a)(15)(W) may not exceed 3 years, and may be extended, except that the total period of authorized admission as such a nonimmigrant may not exceed 6 years.
(B)
(i)Subparagraph (A) shall not apply to any nonimmigrant on whose behalf a petition under section 204(b) to accord the alien immigrant status under section 203(b), or an application for adjustment of status under section 245 to accord the alien status under section 203(b), has been filed, if 365 days or more have elapsed since the filing of such petition or application.
(ii)The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under clause (i) in 1-year increments until such time as a final decision is made on the alien’s lawful permanent residence.
(iii)Notwithstanding subparagraph (A) and clause (ii), any alien who is the beneficiary of an approved petition filed under section 204(b) for a status under paragraph (1), (2), or (3) of section 203(b), and who is eligible to be granted that status but for application of the per-country limitations on immigrants under such paragraph, may apply for, and the Secretary of Homeland Security may grant, one or more extensions of nonimmigrant status under section 101(a)(15)(W) until such time as an immigrant visa is immediately available to the alien and a decision on the alien’s application for adjustment of status is made.
(6)In the case of an alien spouse, who is accompanying or following to join a principal alien admitted under section 101(a)(15)(W), the Secretary of Homeland Security shall authorize the alien spouse to engage in employment in the United States and shall provide the spouse with an employment authorized endorsement or other appropriate work permit.
(7)
(A)
(i)The total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(W) during any fiscal year is 50,000.
(ii)If the numerical limitation in clause (i)—
(I)is reached during a fiscal year, the numerical limitation applicable to the subsequent fiscal year shall be 120 percent of the preceding numerical limitation; or
(II)is not reached during a fiscal year, the numerical limitation shall remain the same during the subsequent fiscal year.
(B)Notwithstanding subparagraph (A), aliens may be issued visas or otherwise provided nonimmigrant status under such section without regard to numerical limitation if they are only working in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals.
(C)The numerical limitations in subparagraph (A) shall only apply to principal aliens and not to the spouse or children of such aliens. .
4.Regulations; effective date
(a)RegulationsNot later than 90 days after the date of the enactment of this Act, the following shall promulgate regulations to carry out the amendments made by section 3:
(1)The Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Secretary of Homeland Security.
(2)The Secretary of Homeland Security, in consultation with the Secretary of State.
(b)Effective dateNotwithstanding subsection (a), the amendments made by section 3 shall take effect 90 days after the date of the enactment of this Act, regardless of whether the regulations promulgated under subsection (a) are in effect on such date.
5.Specification of constitutional authority for enactment of lawThis Act is enacted pursuant to the power granted to Congress under article I, section 8, clause 4, to establish a uniform rule naturalization, and under article I, section 8, clause 18, of the United States Constitution.


116 S3264 IS: Bridging the Tribal Digital Divide Act of 2020
U.S. Senate
2020-02-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3264IN THE SENATE OF THE UNITED STATESFebruary 11, 2020Mr. Udall (for himself, Ms. Cantwell, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo expedite and streamline the deployment of affordable broadband service on Tribal land, and for
 other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Bridging the Tribal Digital Divide Act of 2020.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.Title I—Interagency Coordination ProgramSec. 101. Purpose.Sec. 102. Interagency working group.Sec. 103. Tribal broadband deployment plan.Sec. 104. Streamlined applications for support.Sec. 105. Tribal Broadband Deployment Advisory Committee.Title II—Tribal Set-AsideSec. 201. Rural Utilities Service.Sec. 202. Universal Service Fund.Title III—Universal Service on Tribal LandSec. 301. Universal service on Tribal land.Title IV—Tribal Broadband FactorSec. 401. Tribal broadband factor.Title V—Broadband Rights-of-WaySec. 501. Pilot program for Tribal grant of rights-of-way for broadband facilities.2.DefinitionsIn this Act:(1)AdministratorThe term Administrator means the Administrator of the Rural Utilities Service.(2)Assistant SecretaryThe term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.(3)Broadband; broadband serviceThe term broadband or broadband service has the meaning given the term broadband internet access service in section 8.1 of title 47, Code of Federal Regulations, or any successor regulation.(4)CommissionThe term Commission means the Federal Communications Commission.(5)Indian TribeThe term Indian Tribe has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by section 301 of this Act.(6)Tribal broadband benchmarkThe term Tribal broadband benchmark means the minimum acceptable level of broadband service on Tribal land, which shall consist of—(A)speed that is not slower than the speed required for the service to qualify as an advanced telecommunications capability, as that term is defined in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)), as of the date on which that speed is measured; and(B)network round trip latency that is at or below 100 milliseconds for not less than 95 percent of all peak period measurements of network round trip latency.(7)Tribal entityThe term Tribal entity has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by section 301 of this Act.(8)Tribal governmentThe term Tribal government means the governing body of a Tribal entity.(9)Tribal landThe term Tribal land has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by section 301 of this Act.(10)Underserved Tribal entity(A)In generalThe term underserved Tribal entity means a Tribal entity, the Tribal land of which—(i)lacks affordable broadband service; or(ii)has subscription rates for broadband service that are below 80 percent, as determined by the Commission.(B)Associated definitionIn this paragraph, the term affordable broadband service means broadband service on Tribal land, the rates for which are not more than the average rates charged for broadband service in the 5 nearest municipalities to that Tribal land that have a population of more than 10,000 individuals, as determined by the Commission.(11)Working GroupThe term Working Group means the Tribal Broadband Interagency Working Group established under section 102.IInteragency Coordination Program101.PurposeThe purpose of this title is to—(1)expedite and streamline the deployment of affordable broadband service on Tribal land through the coordination of grants or other financial assistance;(2)improve the effectiveness of Federal assistance in meeting the obligation of the Commission to ensure universal availability of broadband networks to all people of the United States, including individuals living on Tribal land; and(3)ensure the preservation and protection of self-governance, economic opportunity, health, education, public safety, and welfare of Tribal entities.102.Interagency working group(a)EstablishmentThe Assistant Secretary and the Secretary of Agriculture shall jointly establish a working group to be known as the Tribal Broadband Interagency Working Group to carry out the duties described in subsection (c).(b)Administration(1)ChairsThe Assistant Secretary and the Administrator shall serve as co-chairs of the Working Group.(2)Membership; staffingThe Assistant Secretary and the Administrator, in consultation with the Tribal Broadband Deployment Advisory Committee established under section 105, shall determine the membership and staffing of the Working Group.(c)DutiesThe Working Group shall—(1)(A)serve as a forum for improving coordination across Federal broadband programs that are available to Tribal entities;(B)reduce regulatory barriers to broadband deployment on Tribal land;(C)promote awareness of the value and availability of Federal support for broadband deployment on Tribal land; and(D)develop common Federal goals, performance measures, and plans to deploy affordable broadband to Tribal land;(2)not later than 1 year after the date of enactment of this Act, and biennially thereafter, issue a strategic plan regarding Tribal broadband deployment activities, priorities, and objectives;(3)promote coordination of the activities of Federal agencies on Tribal broadband deployment activities, including the activities of—(A)the Department of Agriculture;(B)the Department of Commerce;(C)the Department of Education;(D)the Department of Health and Human Services;(E)the Department of Housing and Urban Development;(F)the Department of the Interior;(G)the Department of Labor;(H)the Commission;(I)the Institute of Museum and Library Services; and(J)any other Federal agency that the Working Group considers appropriate;(4)provide technical assistance for the development of Tribal broadband deployment plans to meet the Tribal broadband benchmark;(5)under section 104, develop a streamlined and standardized application process for grants and other financial assistance to advance the deployment of broadband on Tribal land;(6)promote information exchange between Federal agencies—(A)to identify and document Federal and non-Federal programs and funding opportunities that support Tribal broadband deployment; and(B)if practicable, to leverage existing programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and(7)develop a standardized form that identifies all applicable Federal statutory provisions, regulations, policies, or procedures that the Working Group determines are necessary to adhere to in order to implement a Tribal broadband deployment plan.103.Tribal broadband deployment plan(a)Identification of underserved Tribal entitiesNot later than 180 days after the date of enactment of this Act, the Chairman of the Commission, in coordination with the Secretary of the Interior, shall identify each underserved Tribal entity and publish a list of such entities in the Federal Register.(b)Notice to underserved Tribal entitiesNot later than 30 days after the date on which the list is published in the Federal Register under subsection (a), the Working Group shall send notice to each underserved Tribal entity on the list inviting the entity to request technical assistance for the development of a Tribal broadband deployment plan under this section.(c)Technical assistanceAt the request of an underserved Tribal entity, the Working Group shall provide the entity with technical assistance to facilitate the development, adoption, and deployment of a Tribal broadband development plan detailing the current and projected efforts of the entity to meet the Tribal broadband benchmark.(d)Plan elementsEach Tribal broadband deployment plan developed under this section shall—(1)describe a comprehensive strategy identifying the full range of options to meet the Tribal broadband benchmark;(2)describe all available Federal programs that are available to assist the applicable underserved Tribal entity in meeting the Tribal broadband benchmark;(3)describe the way in which Federal program activities and funds shall be integrated, consolidated, and delivered to the applicable underserved Tribal entity to meet the Tribal broadband benchmark;(4)describe the results expected from implementing the plan, including the expected number of additional households or participants that would be served due to the implementation of the plan;(5)identify the projected non-Federal expenditures under the plan;(6)identify any agency of the applicable underserved Tribal entity that will be involved in the delivery of the services integrated under the plan;(7)identify all applicable Federal, State, and Tribal statutory provisions, regulations, policies, or procedures that the Working Group determines are necessary to adhere to in order to implement the plan;(8)identify opportunities for the applicable underserved Tribal entity to purchase spectrum; and(9)identify—(A)deployment obstacles; and(B)activities that are necessary to ensure access to affordable broadband, including digital literacy training, technical support, privacy and cybersecurity expertise, or other end-user technology needs.(e)Promoting broadband availabilityThe Working Group shall work in partnership with State, local, and Tribal governments, and consumer and industry groups, to promote broadband availability to each underserved Tribal entity, including consumers in rural and high-cost areas that are adjacent to Tribal land.(f)Authorization of appropriationsThere is authorized to be appropriated to the Working Group to carry out section 102 and this section $5,000,000 for each of fiscal years 2020 through 2025, to remain available until expended.104.Streamlined applications for support(a)Agency consultationThe Assistant Secretary shall consult with each Federal agency that offers a Federal broadband support program to Tribal entities to streamline and standardize the application process for grants or other financial assistance under the program.(b)Agency streamliningA Federal agency that offers a Federal broadband support program to Tribal entities shall amend the application for broadband support from the program, to the extent practicable and as necessary, in order to streamline and standardize applications for Federal broadband support programs across the Federal Government.(c)Single applicationTo the greatest extent practicable, the Assistant Secretary shall seek to create 1 application that may be submitted to apply for support from all Federal broadband support programs.(d)Central websiteNot later than 180 days after the date of enactment of this Act, the Assistant Secretary shall create a central website through which a potential applicant can learn about and apply for support from any Federal broadband support program.105.Tribal Broadband Deployment Advisory Committee(a)EstablishmentThere is established the Tribal Broadband Deployment Advisory Committee (referred to in this section as the Committee).(b)Purposes; scope of activities(1)PurposesThe purposes of the Committee are—(A)to make recommendations to Congress regarding how to accelerate the deployment of broadband service on Tribal land by—(i)reducing or removing statutory and regulatory barriers to investment in broadband infrastructure; and(ii)strengthening existing broadband networks on Tribal land; and(B)to provide an effective means for Tribal entities to engage with governmental entities and professionals with expertise and backgrounds in broadband, telecommunications, information technology, and infrastructure deployment and adoption in the areas covered by the Committee to exchange ideas and develop recommendations to Congress regarding the deployment of broadband on Tribal land.(2)Consideration of issuesThe Committee may consider issues that include—(A)measures to prepare for, respond to, and recover from disasters that impact broadband networks;(B)new ways of encouraging deployment of broadband infrastructure and services on Tribal land; and(C)other ways to accelerate the deployment of broadband infrastructure to Tribal land.(c)DutiesThe Committee shall provide recommendations to Congress on issues relating to the deployment of broadband on Tribal land.(d)Membership(1)In generalThe Committee shall consist of 16 voluntary representatives as follows:(A)Twelve authorized representatives of Tribal governments, each of whom shall represent a different Bureau of Indian Affairs region.(B)Four authorized representatives of Tribal governments, each of whom shall serve as an at-large representative.(2)QualificationsEach member of the Committee described in paragraph (1) shall—(A)be an elected Tribal official or authorized representative of an elected Tribal official;(B)act in the official capacity of the member as an elected official of the entity;(C)have the authority to participate on behalf of the Tribe; and(D)be qualified to represent the views of all Tribal entities located in the region of the Bureau of Indian Affairs represented by the member.(3)ChairThe Assistant Secretary shall appoint a Chair of the Committee, who shall—(A)approve or call all of the meetings of the Committee and subcommittees of the Committee;(B)prepare and approve all meeting agendas;(C)attend all Committee and subcommittee meetings;(D)adjourn any meeting when the Chair determines that adjournment to be in the public interest; and(E)chair meetings when directed to do so by the Assistant Secretary.(e)Meetings(1)FrequencyThe Committee shall meet not less frequently than 3 times per year.(2)TransparencyThe meetings of the Committee shall be open to the public and timely notice of each such meeting shall be published—(A)in the Federal Register; and(B)through other appropriate methods.(f)Support(1)Facilities and staffThe Assistant Secretary shall provide the facilities and support staff necessary to conduct meetings of the Committee.(2)CompensationA member of the Committee shall serve without any compensation from the Federal Government.(3)Travel expensesA member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Committee.IITribal Set-Aside201.Rural Utilities Service(a)Tribal set-AsideNotwithstanding any other provision of law, effective beginning in fiscal year 2020 and for each fiscal year thereafter, the Secretary of Agriculture (referred to in this section as the Secretary) shall set aside for broadband adoption and deployment on Tribal land not less than 20 percent of the amounts made available for that fiscal year for each of the following:(1)The Telecommunications Infrastructure Loan and Loan Guarantee Program established under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).(2)The initiative under section 306F of that Act (7 U.S.C. 936f).(3)The Community Connect Grant Program established under section 604 of that Act (7 U.S.C. 950bb–3).(4)Financial assistance under chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.), under section 2335A of that Act (7 U.S.C. 950aaa–5).(5)The broadband loan and grant pilot program described in section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141).(b)Community Connect Grant Program(1)Definition of eligible entitySection 604(a)(3) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–3(a)(3)) is amended—(A)in subparagraph (A)(i)(II), by striking or Tribal organization and inserting , Tribal organization, or Indian-owned business (as defined in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)); and(B)in subparagraph (B)(ii), by inserting , unless the partnership is an Indian-owned business (as defined in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)) before the period at the end.(2)Exemption from matching funds requirementSection 604(e)(1) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–3(e)(1)) is amended by inserting (other than an underserved Tribal entity (as defined in section 2 of the Bridging the Tribal Digital Divide Act of 2020)) after eligible entity.(3)Exemption from application requirementsSection 604(f) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–3(f)) is amended by adding at the end the following:(3)Exemptions for Tribal entitiesNotwithstanding paragraphs (1) and (2), the Secretary shall not require a Tribal entity (as defined in section 2 of the Bridging the Tribal Digital Divide Act of 2020) to submit a system design described in subsection (d) of section 1739.15 of title 7, Code of Federal Regulations (or successor regulations), or financial information described in subsection (h)(2) of that section, to be eligible to receive a grant under the Program..(c)Broadband loan and grant pilot program(1)In generalNotwithstanding any other provision of law, a Tribal entity shall be considered to be eligible for funding under the broadband loan and grant pilot program described in section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 399).(2)ExemptionsThe Secretary of Agriculture shall exempt underserved Tribal entities from the application requirements under the pilot program described in paragraph (1)—(A)to submit a network design; and(B)to provide a matching contribution equal to 25 percent of the overall cost of the project.202.Universal Service Fund(a)Universal Service generallyNot later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations under which the Commission, on and after the effective date of the regulations, shall—(1)set aside 5 percent of the amounts allocated for each Federal universal service support program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254), including each program carried out under subparts D through G and J through M of part 54 of title 47, Code of Federal Regulations, or any successor regulations; and(2)with respect to the amount set aside from each program under paragraph (1), distribute that amount for the purpose of expanding access to broadband service on Tribal land, in accordance with the otherwise applicable requirements of the program.(b)Lifeline program(1)Initial increase in Tribal land support amountFor the first 12-month period beginning 2 years after the date of enactment of this Act, in the case of Tribal land pertaining to a Tribal entity that has not met the Tribal broadband benchmark, the Commission shall increase the monthly cap on additional Federal lifeline support made available to an eligible telecommunications carrier providing Lifeline service to an eligible resident of that Tribal land under section 54.403(a)(3) of title 47, Code of Federal Regulations, or any successor regulation, by $10.(2)Annual increaseFor each subsequent 12-month period after the 12-month period described in paragraph (1), in the case of Tribal land pertaining to a Tribal entity that has not met the Tribal broadband benchmark, the Commission shall increase the monthly cap described in that paragraph by an additional $10.IIIUniversal Service on Tribal Land301.Universal service on Tribal land(a)DefinitionsSection 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended—(1)by redesignating paragraphs (58) and (59) as paragraphs (62) and (63), respectively;(2)by redesignating paragraphs (35) through (57) as paragraphs (37) through (59), respectively;(3)by redesignating paragraphs (24) through (34) as paragraphs (25) through (35), respectively;(4)by inserting after paragraph (23) the following:(24)Indian TribeThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).;(5)by inserting after paragraph (35), as so redesignated, the following:(36)Native HawaiianThe term Native Hawaiian has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221).; and(6)by inserting after paragraph (59), as so redesignated, the following:(60)Tribal entityThe term Tribal entity—(A)means an Indian Tribe; and(B)includes a Native Hawaiian community.(61)Tribal landThe term Tribal land means—(A)any land located within the boundaries of—(i)an Indian reservation, pueblo, or rancheria; or(ii)a former reservation within Oklahoma;(B)any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—(i)in trust by the United States for the benefit of an Indian Tribe or an individual Indian;(ii)by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or(iii)by a dependent Indian community;(C)any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));(D)Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or(E)those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians..(b)Universal serviceSection 254(b)(3) of the Communications Act of 1934 (47 U.S.C. 254(b)(3)) is amended—(1)by striking and those and inserting , consumers; and(2)inserting after high cost areas, the following: and consumers on Tribal land and in areas with high populations of Indians (as defined in section 19 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act) (25 U.S.C. 5129)) or Native Hawaiians (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221)),.(c)Technical and conforming amendmentSection 271(c)(1)(A) of the Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended, in the first sentence, by striking section 3(47)(A) and inserting section 3(56)(A).IVTribal Broadband Factor401.Tribal broadband factorThe Commission shall conduct a rulemaking to—(1)increase Connect America Fund Broadband Loop Support under subpart K of part 54 of title 47, Code of Federal Regulations (or any successor regulation), available to rate-of-return carriers serving Tribal lands by reducing the funding threshold of $42 per month per line by 25 percent; and(2)increase High Cost Loop Support under subpart M of part 54 of title 47, Code of Federal Regulations (or any successor regulation), available to rate-of-return carriers serving Tribal lands by increasing—(A)the eligible costs expense adjustment under section 54.1310(a)(1) of that title from 65 percent to 81.25 percent; and(B)the eligible costs expense adjustment under section 54.1310(a)(2) of that title from 75 percent to 93.75 percent.VBroadband Rights-of-Way501.Pilot program for Tribal grant of rights-of-way for broadband facilities(a)DefinitionsIn this section:(1)ProgramThe term program means the Tribal Broadband Right-of-Way Pilot Program established under subsection (b)(1).(2)SecretaryThe term Secretary means the Secretary of the Interior.(b)Pilot program(1)In generalThe Secretary shall establish a pilot program, to be known as the Tribal Broadband Right-of-Way Pilot Program, under which the Secretary shall delegate to the Indian Tribes selected under paragraph (3) the authority under the first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323) to grant rights-of-way described in paragraph (2) over and across Tribal land.(2)Right-of-way describedA right-of-way referred to in paragraph (1) is a right-of-way for the construction, maintenance, and facilitation of broadband service, which may include—(A)towers;(B)cables;(C)transmission lines; and(D)any other equipment necessary for construction, maintenance, and facilitation of broadband service.(3)Participating Indian Tribes(A)In generalSubject to subparagraph (B) and in accordance with subsection (c), the Secretary shall select not fewer than 10 Indian Tribes to participate in the program.(B)Location of Indian TribesOf the Indian Tribes selected under subparagraph (A), not fewer than 5 shall be Indian Tribes the land of which is located within the State of Arizona or the State of New Mexico.(4)Broadband right-of-way(A)In generalExcept as provided in subparagraph (B), an Indian Tribe participating in the program may grant a right-of-way described in paragraph (2) over and across the land of the Indian Tribe without the approval of, or a grant by, the Secretary, if—(i)the right-of-way is granted in accordance with the regulations of the Indian Tribe approved by the Secretary under subsection (c); and(ii)the term of the right-of-way does not exceed 25 years, except that a right-of-way may include an option to renew the right-of-way for not more than 2 additional terms, each of which may not exceed 25 years.(B)Allotted landAn Indian Tribe may not grant a right-of-way under subparagraph (A) over and across an individual Indian allotment under section 4 of the Act of February 8, 1887 (commonly known as the Indian General Allotment Act) (24 Stat. 389, chapter 119; 25 U.S.C. 334).(c)Proposed regulations(1)In generalAn Indian Tribe desiring to participate in the program shall submit to the Secretary an application containing the proposed regulations of the Indian Tribe for the granting of rights-of-way described in subsection (b)(2).(2)SelectionThe Secretary may only select for participation in the program Indian Tribes the proposed regulations of which are approved by the Secretary under this subsection.(3)Considerations for approvalThe Secretary may approve the proposed regulations of an Indian Tribe if the regulations—(A)are consistent with any regulations issued by the Secretary under section 6 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 328); and(B)provide for an environmental review process that includes—(i)the identification and evaluation by the Indian Tribe of any significant impacts of the proposed right-of-way on the environment; and(ii)a process for ensuring that—(I)the public is informed of, and has a reasonable opportunity to comment on, any impacts identified by the Indian Tribe under clause (i); and(II)the Indian Tribe provides responses to relevant and substantive public comments received under subclause (I).(4)Technical assistance(A)In generalOn request of an Indian Tribe desiring to participate in the program, the Secretary shall provide technical assistance for development of proposed regulations to be submitted in the application of the Indian Tribe under paragraph (1), including technical assistance for development of a regulatory environmental review process that meets the requirements of paragraph (3)(B).(B)ISDEAA(i)In generalTechnical assistance provided by the Secretary under subparagraph (A) may be made available to Indian Tribes described in clause (ii) through contracts, grants, or agreements entered into in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).(ii)Indian Tribe describedAn Indian Tribe referred to in clause (i) is an Indian Tribe eligible for contracts, grants, or agreements under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).(5)Review process(A)In generalNot later than 120 days after the date on which an application is submitted to the Secretary under paragraph (1), the Secretary shall review and approve or disapprove the proposed regulations contained in the application.(B)Written documentationIf the Secretary disapproves the regulations under subparagraph (A), the Secretary shall—(i)notify the Indian Tribe that the regulations have been disapproved; and(ii)include with the notification written documentation that describes the basis for the disapproval.(C)ExtensionAfter consultation with the Indian Tribe, the Secretary may extend the deadline described in subparagraph (A) for an additional 120-day period.(d)Federal environmental reviewIf an Indian Tribe participating in the program proposes to grant a right-of-way for a broadband service project or activity funded by a Federal agency, the Indian Tribe may rely on the environmental review process of the applicable Federal agency rather than the environmental review process approved as part of the regulations of the Indian Tribe under subsection (c)(3)(B).(e)DocumentationIf an Indian Tribe participating in the program grants a right-of-way under the program, the Indian Tribe shall submit to the Secretary—(1)a copy of the right-of-way, including any amendments or renewals to the right-of-way; and(2)if the regulations of the Indian Tribe or the right-of-way allows for right-of-way payments to be made directly to the Indian Tribe, documentation of the right-of-way payments that are sufficient to enable the Secretary to discharge the trust responsibility of the United States under subsection (f)(2).(f)Trust responsibility(1)In generalThe United States shall not be liable for any losses sustained by a party to a right-of-way granted by an Indian Tribe under the program.(2)Authority of Secretary(A)In generalPursuant to the authority of the Secretary to fulfill the trust obligation of the United States to Indian Tribes participating in the program under Federal law (including regulations), the Secretary may, on request by, and after reasonable notice from, an Indian Tribe, enforce the provisions of, or cancel, any right-of-way granted by the Indian Tribe under the program.(B)ProceduresThe Secretary shall enforce the provisions of, or cancel, any right-of-way under subparagraph (A) in accordance with the regulations issued by the Secretary under section 6 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 328).(g)Compliance(1)In generalA duly enrolled member of an Indian Tribe, after exhausting any applicable Tribal remedies, may submit to the Secretary, at such time and in such form as the Secretary determines to be appropriate, a petition to review the compliance of an Indian Tribe participating in the program with the regulations of the Indian Tribe approved by the Secretary under subsection (c).(2)ViolationsIf, after carrying out a review under paragraph (1), the Secretary determines that the Indian Tribe violated the regulations, the Secretary, subject to paragraph (3)(B), may take any action the Secretary determines to be necessary to remedy the violation, including—(A)rescinding the approval of the regulations; and(B)reassuming the authority to grant rights-of-ways described in subsection (b)(2) delegated to the Indian Tribe under the program.(3)DocumentationIf the Secretary determines that the Indian Tribe violated the regulations and a remedy is necessary, the Secretary shall—(A)submit to the Indian Tribe a written notification of the regulations that have been violated; and(B)prior to the exercise of any remedy under paragraph (2), provide the Indian Tribe with—(i)a hearing that is on the record; and(ii)a reasonable opportunity to cure the alleged violation.(h)SunsetThe authority of the Secretary to carry this section shall terminate 10 years after the date of enactment of this Act.


115 S246 IS: Campus Fire Safety Education Act of 2017
U.S. Senate
2017-01-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 246IN THE SENATE OF THE UNITED STATESJanuary 30, 2017Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo authorize the Secretary of Education to make grants to support fire safety education programs on
			 college campuses.

 1.Short titleThis Act may be cited as the Campus Fire Safety Education Act of 2017. 2.PurposeThe purpose of this Act is to help provide fire safety education and training to students attending institutions of higher education.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the United States Fire Administration of the Federal Emergency Management Agency.
 (2)Eligible entityThe term eligible entity means an institution of higher education, or a consortium of institutions of higher education located in the same State, in a collaborative partnership with a nonprofit organization or a public safety department. Such a collaborative partnership may also include a social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986, the active membership of which consists primarily of students enrolled at the institution or institutions.
 (3)Fire safety education programThe term fire safety education program means a program that provides fire safety and prevention activities. (4)Institution of higher educationThe term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (5)SecretaryThe term Secretary means the Secretary of Education. 4.Establishment of the campus fire safety education competitive grant program (a)Authorization of grant programFrom the amounts appropriated under section 7, the Secretary, in consultation with the Administrator, shall establish a grant program to award grants, on a competitive basis, to eligible entities for—
 (1)initiating, expanding, or improving fire safety education programs at institutions of higher education; and
 (2)increasing fire safety awareness among students enrolled at such institutions, including students living in off-campus housing.
 (b)ApplicationTo seek a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
 (c)Selection priorityIn making grants under this Act, the Secretary shall give priority to eligible entities that plan to use grant funds to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities.
 (d)Grant periodGrants under this Act shall be awarded for not longer than a 2-year period, and may be renewed for an additional 2-year period, at the Secretary’s discretion.
			(e)Grant size
 (1)In generalSubject to paragraph (2), the Secretary shall ensure that grants awarded under this Act are of sufficient size and scope to enable eligible entities to carry out all required activities and otherwise meet the purpose of this Act.
 (2)Maximum amountAn eligible entity may not be awarded more than $250,000 per fiscal year under this Act. (f)Matching requirementAn eligible entity receiving a grant under this Act shall provide non-Federal matching funds in an amount equal to not less than 25 percent of the costs of the activities for which assistance is sought. Such non-Federal matching funds may be in cash or in-kind.
 (g)Supplement not supplantFunds made available under this Act shall be used to supplement, not supplant, other Federal, State, or private funds that would otherwise be expended to carry out fire safety education programs.
			5.Required uses of funds
 (a)Required Uses of FundsAn eligible entity receiving a grant under this Act shall use grant funds to initiate, expand, or improve a fire safety education program that—
 (1)in the case of an eligible entity that is an institution of higher education, reaches, to the extent practicable, all students enrolled in the institution of higher education, including students living on campus and off campus;
 (2)is carried out in a manner to ensure maximum exposure to, increase awareness of, and effectuate change in behavior with respect to fire safety by students through—
 (A)conducting outreach to students at a minimum of twice per academic year (at the beginning of the fall and spring semesters, or the equivalent); and
 (B)measures that provide fire safety information to any student upon the request of the student; (3)includes minimum instruction with respect to—
 (A)awareness of fire behavior; (B)mechanisms of fire injury and death;
 (C)common ignition scenarios; (D)fire safety systems such as automatic fire sprinklers;
 (E)fire alarms; (F)fire extinguishers;
 (G)importance of means of egress; (H)fire prevention techniques that may prevent a fire from occurring (such as candle safety, cooking safety, and smoking safety); and
 (I)fire safety actions to be taken if a fire occurs to minimize the potential for death, injury, and property damage (such as knowing how to use a fire extinguisher, how to put out a cooking fire, calling 911, and evacuating); and
 (4)includes a mechanism for carrying out the evaluations described in subsection (b). (b)EvaluationsNot later than 6 months after the end of an eligible entity’s grant period, the eligible entity shall—
 (1)conduct an evaluation on the effectiveness of the program carried out by the eligible entity in increasing awareness or improving fire safety behavior at such eligible entity; and
 (2)prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity.
				6.Reports
 (a)Report to CongressNot later than 12 months after the date of receipt of the first report submitted pursuant to section 5(b)(2) and annually thereafter, the Secretary shall provide to Congress a report that includes the following:
 (1)The number and types of eligible entities receiving assistance under this Act. (2)The fire safety education programs being implemented with assistance under this Act and the costs of such programs.
 (3)Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this Act in improving the fire safety knowledge of college students.
 (b)Best practices reportThe Secretary, in consultation with the Administrator, shall use the information provided under subsection (a) to publish a report of best practices for initiating, expanding, or improving fire safety education programs that shall be made available to all institutions of higher education and other interested parties.
 7.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2018 through 2022.


115 S2177 IS: Restoring Overtime Pay Act of 2017
U.S. Senate
2017-11-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 2177IN THE SENATE OF THE UNITED STATESNovember 30, 2017Mr. Brown (for himself, Mrs. Murray, Ms. Baldwin, Ms. Warren, Mrs. Gillibrand, Mr. Durbin, Mr. Merkley, Mr. Booker, Mr. Markey, Mr. Whitehouse, Mr. Franken, and Ms. Harris) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for
			 bona fide executive, administrative, and professional employees exempt
			 from Federal
			 overtime compensation requirements, and automatically update such
			 threshold every 3 years.

 1.Short titleThis Act may be cited as the Restoring Overtime Pay Act of 2017.
 2.FindingsCongress finds the following: (1)The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) established overtime compensation requirements for certain employees when they work more than 40 hours in a given workweek.
 (2)Under section 13(a)(1) of such Act, Congress delegated to the Secretary of Labor the authority to define and delimit the terms relating to the exemption for bona fide executive, administrative, and professional employees (commonly known as the white collar exemption).
 (3)For more than 75 years, the Secretary of Labor has exercised its delegated authority to issue regulations that define and delimit the terms relating to the white collar exemption by applying a duties test and applying a minimum compensation level (or salary threshold).
 (4)The Secretary of Labor began utilizing a salary threshold in the initial regulations defining and delimiting the terms relating to the white collar exemption, which were first issued in 1938.
 (5)Congress has long approved the use of a salary threshold by the Secretary of Labor, as demonstrated by the fact that Congress has amended the Fair Labor Standards Act of 1938 at least 10 times since 1938 and has not precluded the Secretary from using a salary threshold.
 (6)The salary threshold became woefully out of date and ineffective as a result of not being sufficiently updated to keep pace with a changing economy, as evidenced by the fact that more than 60 percent of all full-time salaried workers earned less than the salary threshold in 1975 and less than 7 percent of these workers earned less than the salary threshold in 2016.
 (7)The salary threshold of $455 per week, or $23,660 per year, that was in effect on May 22, 2016, was below the poverty line for a family of 4.
 (8)The Secretary of Labor updated the salary threshold on May 23, 2016, through a final rule entitled Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees (81 Fed. Reg. 32391) by increasing the salary threshold to the 40th percentile of earnings of full-time salaried employees in the lowest-wage Census Region, resulting in a salary threshold of $913 per week or $47,476 per year.
 (9)The final rule would benefit more than 13,000,000 employees by providing overtime compensation protections to 4,200,000 new employees and strengthening overtime compensation protections for 8,900,000 additional employees.
 (10)The Secretary of Labor went through a thorough process in crafting the final rule, seeking public input and conducting extensive economic analysis, including—
 (A)spending more than a year meeting with more than 200 interested parties to obtain input before issuing the proposed rule in 2015;
 (B)considering more than 270,000 comments received during the 60-day public comment period on the proposed rule; and
 (C)making significant changes in response to public input before issuing the final rule. (11)The public comments submitted to the Secretary of Labor regarding the proposed rule were overwhelmingly positive and supportive of the rule.
 (12)The increase in the salary threshold, included in the final rule, to the 40th percentile of earnings of full-time salaried employees in the lowest-wage Census Region, resulting in a threshold of $913 per week or $47,476 per year, was a strong yet measured increase by almost any measure, including as compared to—
 (A)the higher salary threshold of $970 per week or $50,440 per year, initially put forward by the Secretary of Labor in the proposed rule;
 (B)the salary threshold of $984 per week or $51,168 per year, which would have fully accounted for the erosion to the value of the salary threshold since 1975 due to inflation;
 (C)the salary threshold of $1,122 per week or $58,344 per year, which would have covered the same share of all salaried workers as were covered in 1975 after accounting for changes in the economy; and
 (D)the salary threshold of $1,327 per week or $69,004 per year, which would have covered the same percentage of all salaried workers as were covered in 1975 without accounting for changes in the economy.
 (13)The United States District Court for the Eastern District of Texas erroneously called the authority of the Secretary of Labor under the Fair Labor Standards Act of 1938 into question when it issued a preliminary injunction enjoining the Department of Labor from enforcing the final overtime rule.
 (14)The United States District Court for the Eastern District of Texas issued a final decision invalidating the rule, threatening overtime protections for millions of workers.
			3.Minimum salary
			 threshold for bona fide executive, administrative, and professional
			 employees exempt
			 from Federal overtime compensation requirements
			(a)Minimum salary
			 threshold for bona fide executive, administrative, and professional
 employeesSection 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended—
 (1)in subsection (a)(1)—
 (A)by inserting subsection (k) and after subject to; and
 (B)by inserting (except as provided under subsection (k)(3)(C)) after Administrative Procedure Act; and (2)by adding at the end the following:

						(k)Minimum salary threshold
							(1)In
 generalBeginning on the effective date of the Restoring Overtime Pay Act of 2017, the Secretary shall require that an employee described in subsection (a)(1), as a requirement for exemption under such subsection, be compensated on a salary basis, or equivalent fee basis, within the meaning of such terms in subpart G of part 541 of title 29, Code of Federal Regulations (or any successor regulation), at a rate per week that is not less than the salary threshold under paragraph (2).
							(2)Salary threshold
 (A)In generalThe salary threshold shall be an amount that, subject to subparagraph (B), is equal to the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region as determined by the Bureau of Labor Statistics in accordance with subparagraph (C) and as updated under paragraph (3).
 (B)Increased thresholdThe Secretary may establish, through notice and comment rule making under section 553 of title 5, United States Code, a salary threshold that is an amount based on a rate that is greater than the rate described in subparagraph (A) as determined by the Bureau of Labor Statistics in accordance with subparagraph (C) and as updated under paragraph (3).
 (C)Amount determinationsThe amount of the salary threshold determined under subparagraph (A) or (B) shall be based on data from the second quarter of the year preceding the effective date of such amount.
								(3)Automatic updates
 (A)In generalThe Secretary shall update the amount of the salary threshold under paragraph (2) every 3 years so that such amount is based on data from the second quarter of the year preceding the effective date of the update.
 (B)Publication of noticeNot later than 60 days before the effective date of any update under subparagraph (A), the Secretary shall publish, in the Federal Register and on the internet website of the Department of Labor, a notice announcing the update.
 (C)Nonapplicability of rule making requirementsAny update described in this paragraph shall not be subject to the requirements for notice and comment rule making under section 553 of title 5, United States Code.
 (4)Duties testThe Secretary shall, in addition to the requirement under paragraph (1), continue to require employees to satisfy a duties test, as prescribed by the Secretary, in defining and delimiting the terms described in subsection (a)(1).
							.
				(b)Effective
 dateThis Act, and the amendments made by this Act, shall take effect on the date that is 60 days after the date of enactment of this Act.


109 HR 3887 IH: To provide for the designation of 3 closed military installations as appropriate sites for construction of an oil refinery.
U.S. House of Representatives
2005-09-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3887
IN THE HOUSE OF REPRESENTATIVES

September 22, 2005
Mr. Pitts introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on 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 provide for the designation of 3 closed military installations as appropriate sites for construction of an oil refinery.

1.DesignationNot later than 90 days after the date of enactment of this Act, the Secretary of Energy and the Secretary of Defense shall jointly designate 3 military installations closed pursuant to a base closure law (as defined in section 101(a)(17) of title 10, United States Code) as suitable for construction of an oil refinery.
2.AvailabilityUntil the expiration of 2 years after the date of enactment of this Act, the Federal Government shall not sell or otherwise dispose of a site identified under section 1 except for purposes of construction of an oil refinery.


		I
		112th CONGRESS
		2d Session
		H. R. 4163
		IN THE HOUSE OF REPRESENTATIVES

			March 7, 2012
			Mr. Gary G. Miller of
			 California (for himself and Mr.
			 Sherman) introduced the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To amend certain provisions of the Truth in Lending Act
		  related to the compensation of mortgage originators, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Preserving Consumers’ Mortgage Origination Choices Act of
			 2012.
		2.Compensation of
			 mortgage originators by mortgage brokersSubsection (c)(4) of section 129B of the
			 Truth in Lending Act (as added by Public Law 111–203) is amended by adding at
			 the end the following new subparagraph:

				(E)prohibiting a mortgage originator who
				receives compensation directly from a consumer in accordance with this section
				from compensating another mortgage originator employee, mortgage originator
				agent, or mortgage originator contractor based on the principal amount of the
				loan, provided that the amount of compensation received by such employee,
				agent, or contractor may not vary based on any other terms of the loan.
				.
		3.Limited Reduction
			 in Mortgage Originator CompensationSection 129B of such Act is amended—
			(1)by redesigning
			 subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
			 and
			(2)by inserting after
			 subsection (c) the following new subsection:

					(d)Reduction in
				Mortgage Originator Compensation To Pay for Cost Increases Beyond the Control
				of the OriginatorA mortgage
				originator, at the request of a consumer, may reduce the amount of compensation
				being received by such originator to offset settlement charges, other than
				settlement charges controlled by such originator, which are permitted under the
				Real Estate Settlement Procedures Act (12 U.S.C. 2601–2617), that exceed the
				amounts previously disclosed on the good faith estimate of the settlement
				charges provided to such consumer pursuant to section 5(c) of such Act (12
				U.S.C. 2604(c)), provided that the originator’s compensation may not
				increase.
					.


		I
		112th CONGRESS
		1st Session
		H. R. 3749
		IN THE HOUSE OF REPRESENTATIVES

			December 20, 2011
			Ms. Richardson
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the Older Americans Act of 1965 to expand the
		  Senior Community Service Employment Program.

		1.Short titleThis Act may be cited as the
			 Expanding Opportunities for Older
			 Americans Act of 2011.
		2.FindingsCongress finds the following:
			(1)The downturn in the national economy has
			 adversely affected millions of workers in all age groups, but it has
			 disproportionately burdened workers age 55 and older.
			(2)During the period from 2005 through 2007,
			 more than 900,000 workers age 55 and older lost jobs they had held for the
			 preceding 3 years or longer. Such older workers constitute a quarter of
			 long-tenured workers who lost their jobs during this period.
			(3)Older workers experience substantially
			 longer periods of unemployment than younger workers and are more likely to
			 exhaust their unemployment insurance benefits.
			(4)Older workers are comparatively less
			 successful than younger workers in finding new jobs. Only 55 percent of workers
			 age 55 and over who had been long-tenured before losing their jobs during the
			 period from 2005 through 2007 were reemployed in January 2008, compared to 72.6
			 percent of workers ages 25 to 54.
			(5)Unemployed older workers who succeed in
			 obtaining new employment are more likely than younger workers to be
			 underemployed, holding part-time jobs that pay lower wages.
			3.Expansion of
			 Senior Community Service Employment Program
			(a)Reduction of age
			 of eligibility to age 52Title V of the Older Americans Act of 1965
			 (42 U.S.C. 3056 et seq.) is amended by striking age 55 each
			 place it appears and inserting age 52.
			(b)Elimination of
			 requirement that eligible individual be unemployed
				(1)Establishment of
			 programSection 502(a)(1) of such title (42 U.S.C. 3056(a)(1)) is
			 amended by striking unemployed.
				(2)RecommendationsSection
			 503(a)(2)(C) of such title (42 U.S.C. 3056a(a)(2)(C)) is amended by striking
			 unemployed.
				(3)Conforming
			 amendmentSection 518(a) of
			 such title (42 U.S.C. 3056p(a)) is amended by striking paragraph (8).
				(c)Increase in
			 income limitation for eligible individualsSection 518(a)(3)(A)
			 of such title (42 U.S.C. 3056p(a)(3)(A)) is amended by striking 125
			 percent of the poverty line and inserting 200 percent of the
			 poverty line.
			(d)Income
			 definedSection 518(a)(4) of
			 such title (42 U.S.C. 3056p(a)(4)) is amended—
				(1)by inserting
			 by an eligible individual after received;
				(2)by striking
			 an eligible individual submits and inserting such
			 eligible individual submits; and
				(3)by adding at the
			 end the following: Such term does not include income received by a
			 member of such eligible individual’s household other than such eligible
			 individual..
				(e)Hours per week
			 grantee may permit participant To work
				(1)In
			 generalSection 502(b) of such title (42 U.S.C. 3056(b)) is
			 amended by adding at the end the following new paragraph:

						(4)Hours per week
				grantee may permit participant to workNo limit of fewer than 40 hours per week
				may be placed on the number of hours per week a recipient of a grant under this
				title may permit a participant to work in a job assisted by this
				title.
						.
				(2)Conforming
			 amendmentSection 518(a)(2) of such title (42 U.S.C. 3056p(a)(2))
			 is amended by striking part-time,.
				(f)Authorization of
			 appropriations
				(1)In
			 generalSection 517(a) of such Act (42 U.S.C. 3056o(a)) is
			 amended by striking 2007, 2008, 2009, 2010, and 2011 and
			 inserting 2012, 2013, 2014, 2015, 2016, and 2017.
				(2)Sense of
			 CongressSection 517 of such Act (42 U.S.C. 3056o) is amended by
			 adding at the end the following new subsection:

						(d)Sense of
				CongressIt is the sense of
				Congress that such sums as may be necessary should be appropriated to carry out
				this title in each of fiscal years 2012, 2013, 2014, 2015, 2016, and
				2017.
						.


109 HRES 18 IH: Expressing the sense of the House of Representatives that the United States Postal Service should issue a postage stamp commemorating Juan Nepomuceno Seguin.
U.S. House of Representatives
2005-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. RES. 18
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. Gene Green of Texas submitted the following resolution; which was referred to the Committee on Government Reform

RESOLUTION
Expressing the sense of the House of Representatives that the United States Postal Service should issue a postage stamp commemorating Juan Nepomuceno Seguin.

Whereas Juan Nepomuceno Seguin was born October 27, 1806, in San Fernando de Bejar, New Spain (known today as San Antonio, Texas), and died on August 27, 1889;
Whereas Juan Nepomuceno Seguin fought for the rights of all native Texans, despite constant threat of death, by opposing General Antonio Lopez de Santa Ana’s blatant disregard of the Mexican Constitution of 1824, which granted all citizens and subjects of Mexico their basic human rights;
Whereas in 1835 Juan Nepomuceno Seguin sought to convene the first revolutionary meeting in protest of the devastating demands and actions of the government of General Antonio Lopez de Santa Ana;
Whereas on October 24, 1835, Juan Nepomuceno Seguin was commended for his interception of vital documents sent to General Martin Perfecto de Cos, commander of the Mexican Army in Texas, and was appointed by the Commander in Chief of the Texas volunteer army, Stephen F. Austin, as the captain of a volunteer company of Hispanic farmers and ranchers;
Whereas the Seguin family supplied the Texas volunteer army with cattle and crops from their ranch without compensation, and encouraged other Hispanic ranchers to do the same;
Whereas Juan Nepomuceno Seguin fought in the Battle of Concepcion, which led to the occupation of the Mission San Antonio de Valero (commonly known as the Alamo);
Whereas on December 9, 1835, Juan Nepomuceno Seguin was an active participant in the liberation of San Antonio, during which General Martin Perfecto de Cos surrendered and paroled his army by withdrawing it south of the Rio Grande;
Whereas Juan Nepomuceno Seguin and the other volunteers in his company were among the 189 brave and heroic men who, on February 22, 1836, fell back to the reinforced battlements of the Alamo to which the Mexican Army under the command of General Antonio Lopez de Santa Ana laid siege;
Whereas Juan Nepomuceno Seguin escaped the fate of the other defenders of the Alamo because Colonel William B. Travis sent him on an urgent mission to the town of Goliad to seek reinforcements from Colonel James W. Fannin on March 5, 1836, the day before the fall of the Alamo;
Whereas Juan Nepomuceno Seguin, upon hearing of the fall of the Alamo, promptly raised a new company for the defense of Texas, and joined forces with General Sam Houston, commander of the remaining Texas volunteer army;
Whereas Juan Nepomuceno Seguin was among the 750 Texans who defeated 1,500 soldiers of the Mexican Army near the confluence of Buffalo Bayou and the San Jacinto River, which led to the establishment of the Republic of Texas and, later, statehood for Texas;
Whereas Juan Nepomuceno Seguin was an important political figure in both the Republic and the State of Texas, serving as mayor of San Antonio, senator in the Congress of the Republic of Texas, and judge of Wilson County, Texas;
Whereas Juan Nepomuceno Seguin has been recognized by the State of Texas as a hero of its war for independence, and has been honored by the citizens of Walnut Spring, Texas, who renamed their town Seguin, Texas;
Whereas all children in the United States, regardless of where they live, currently learn about Juan Nepomuceno Seguin, a historically significant Hispanic figure; and
Whereas Juan Nepomuceno Seguin fought for freedom, justice, and dignity for all peoples: Now, therefore, be it

That it is the sense of the House of Representatives that—
(1)the United States Postal Service should issue a postage stamp commemorating Juan Nepomuceno Seguin; and
(2)the Citizens’ Stamp Advisory Committee should recommend to the Postmaster General that such a postage stamp be issued.


113 HRES 139 IH: Honoring the life of the Honorable Larcenia J. Bullard.
U.S. House of Representatives
2013-03-21
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.

		IV
		113th CONGRESS
		1st Session
		H. RES. 139
		IN THE HOUSE OF REPRESENTATIVES

			March 21, 2013
			Ms. Wilson of Florida
			 (for herself, Mr. Hastings of Florida,
			 Ms. Brown of Florida,
			 Mr. Miller of Florida,
			 Mr. Ross, Mr. Deutch, Ms.
			 Frankel of Florida, Mr. Webster of
			 Florida, Mr. Bilirakis,
			 Mr. Crenshaw,
			 Ms. Ros-Lehtinen,
			 Mr. Posey,
			 Ms. Castor of Florida, and
			 Mr. Diaz-Balart) submitted the
			 following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Honoring the life of the Honorable Larcenia
		  J. Bullard.

		Whereas former Florida State Senator Larcenia J. Bullard
			 passed away on March 16, 2013;
		Whereas Senator Bullard served in the Florida House of
			 Representatives from 1992 to 2000 and in the Florida Senate from 2002 to
			 2012;
		Whereas Senator Bullard made history by becoming the first
			 woman to represent the 118th District in the Florida House of
			 Representatives;
		Whereas Senator Bullard was a strong advocate for her
			 constituents, representing the families of South Florida with passion and
			 integrity, standing up for the issues that she believed in and offering
			 inspiration to many;
		Whereas Senator Bullard’s legislative accomplishments
			 include the passage of the Good Samaritan Act, which strengthened protections
			 for people who give reasonable assistance to others during an emergency, the
			 State Facilities/Emergency Shelters Act, which authorized usage of additional
			 State facilities as emergency shelters, and the Official State Pie Act, which
			 designated the Key Lime Pie as the official pie of the State of Florida;
		Whereas Senator Bullard worked like a Trojan to help
			 rebuild South Miami-Dade County following Hurricane Andrew;
		Whereas Senator Bullard made public service a tradition in
			 her family;
		Whereas it is of historical significance that Senator
			 Bullard’s husband, Edward, succeeded her in the House in 2000, and their son,
			 Dwight, succeeded his father in the House in 2008 and his mother in the Senate
			 in 2012; and
		Whereas Senator Bullard is survived by her husband and
			 former State Representative Edward Bullard, son State Senator Dwight Bullard,
			 son Vincent Brooker, daughter Edwina Bullard Simms, and grandchildren Myles
			 Brooker, Vinicia Brooker, Mylicia Brooker, and Gavin Ethan Simms: Now,
			 therefore, be it

		That the House of
			 Representatives—
			(1)mourns the loss of Senator, mother, wife,
			 and friend Larcenia J. Bullard;
			(2)sends its deepest
			 condolences and sympathies to the Bullard family;
			(3)pays tribute to
			 Senator Bullard’s life and legacy; and
			(4)commends the
			 Bullard family for their service to the South Florida community and the Nation.