109 HR 3544 IH: Gasoline Price Stabilization Act of 2005
U.S. House of Representatives
2005-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 3544
IN THE HOUSE OF REPRESENTATIVES

July 28, 2005
Mr. DeFazio (for himself and Mr. Sanders) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Government Reform, the Judiciary, Resources, and International Relations, 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 stabilization of prices for gasoline, and for other purposes.

1.Short title and table of contents
(a)Short titleThis Act may be cited as the Gasoline Price Stabilization Act of 2005.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title and table of contents
Sec. 2. Authorization for gasoline price stabilization
Sec. 3. Strategic petroleum reserve drawdown
Sec. 4. Requirement for the release of oil from the Strategic Petroleum Reserve
Sec. 5. Minimum inventory levels
Sec. 6. Ban on exporting of Alaskan oil
Sec. 7. Sense of Congress regarding the Organization of the Petroleum Exporting Countries and the World Trade Organization
Sec. 8. Windfall profits tax
Sec. 9. Merger moratoriums
Sec. 10. Petroleum Industry Concentration and Market Power Review Commission
Sec. 11. Increased average fuel economy standards for passenger automobiles and light trucks
Sec. 12. Fuel economy of the Federal fleet of vehicles
2.Authorization for gasoline price stabilization
(a)Presidential authorityThe President may issue such orders and regulations as he may deem appropriate, including price caps, to stabilize prices for wholesale and retail gasoline to levels at or below levels prevailing on March 1, 2004, if the President makes a determination that—
(1)there is an increase in gasoline prices that—
(A)is of significant scope and duration; and
(B)is likely to cause a significant adverse impact on the national economy, or on a State or regional economy; and
(2)the price increase is substantially caused by conduct that lessens competition (or tends to create a monopoly) by—
(A)at least one foreign country or international entity; or
(B)at least one producer, refiner, or marketer of petroleum products.
(b)Civil money penaltyWhoever willfully violates any order or regulation issued under this section shall be subject to a civil money penalty for each violation of not more than $1,000,000.
(c)InjunctionsWhenever it appears to any agency of the United States, authorized by the President to exercise the authority contained in this subsection to enforce orders and regulations issued under this section, that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any order or regulation under this section, such agency may in its discretion bring an action, in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, and upon a proper showing the court may issue a permanent or temporary injunction or restraining order without bond. Upon application of the agency, any such court may also order any person to comply with any order or regulation under this section.
(d)Expiration
(1)In generalExcept as provided in paragraph (2), this section shall cease to have effect one year after the date of the enactment of this Act.
(2)ExceptionParagraph (1) shall not affect enforcement relating to a violation of this section occurring before the expiration date in paragraph (1).
3.Strategic petroleum reserve drawdown
(a)Drawdowns authorized to address State or regional economic harmSection 161(d)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C. 6241(d)(2)(C)) is amended by inserting , or on a State or regional economy after national economy.
(b)Drawdowns authorized to combat anti-competitive conductSection 161(d) of the Energy Policy and Conservation Act (42 U.S.C. 6241(d)) is further amended by adding at the end the following new paragraph:

(3)(A)For purposes of this section, in addition to the circumstances set forth in section 3(8) and in paragraph (2) of this subsection, a severe energy supply interruption exists if the President determines that—
(i)there is a significant reduction in supply that—
(I)is of significant scope and duration; and
(II)has caused a significant increase in the price of petroleum products;
(ii)the increase in price is likely to cause a significant adverse impact on the national economy, or on a State or regional economy; and
(iii)the reduction in supply is substantially caused by conduct that lessens competition (or tends to create a monopoly) by—
(I)at least one foreign country or international entity; or
(II)at least one producer, refiner, or marketer of petroleum products.
(B)Proceeds from the sale of petroleum drawn down pursuant to a Presidential determination under subparagraph (A) shall—
(i)be deposited in the SPR Petroleum Account established under section 167; and
(ii)be used only for the purposes specified in such section..
(c)Reporting and consultation requirementsWhen the price of a barrel of crude oil exceeds $30 (in constant 2005 United States dollars) on the New York Mercantile Exchange for a period greater than 14 days, the President, through the Secretary of Energy, shall, not later than 30 days after the end of the 14-day period, submit to Congress a report that—
(1)states the results of a comprehensive review of the causes and potential consequences of the price increase;
(2)provides an estimate of the likely duration of the price increase, based on analyses and forecasts of the Energy Information Administration;
(3)provides an analysis of the effects of the price increase on the cost of gasoline at the wholesale and retail levels; and
(4)states whether, and provides a specific rationale for why, the President does or does not support the drawdown and distribution of a specified amount of oil from the Strategic Petroleum Reserve.
(d)General accounting office studyThe Comptroller General of the United States shall, not later than one year after the date of the enactment of this Act, submit to Congress a review of the drawdown authority of the President with respect to the Strategic Petroleum Reserve. Such review shall address—
(1)how and why the authority has changed over time;
(2)under what circumstances Presidents have actually exercised the authority;
(3)what the impact on oil prices was as a result of the exercising of the presidential authority; and
(4)the implications of expanding the drawdown authority beyond the severe energy supply interruption standard described in section 3(8) or 161(d) of the Energy Policy and Conservation Act (42 U.S.C. 6202(8), 6241(d)), by—
(A)allowing the release of oil as a regular hedging tool for oil companies;
(B)allowing such companies to tap the Strategic Petroleum Reserve as necessary to dampen price shocks; and
(C)requiring such companies to replace the oil (and additional barrels) at some predetermined time in the future.
4.Requirement for the release of oil from the Strategic Petroleum Reserve
(a)FindingsCongress makes the following findings:
(1)The prices of gasoline and crude oil have a direct and substantial impact on the financial well-being of families and businesses in the United States, on the potential for national economic recovery, and on the economic security of the United States.
(2)The Strategic Petroleum Reserve was created to enhance the physical and economic security of the United States, and the law allows the Strategic Petroleum Reserve to be used to provide relief when oil and gasoline supply shortages cause economic hardship.
(3)The proper management of the resources of the Strategic Petroleum Reserve could provide gasoline price relief to families in the United States and provide the United States with a tool to counterbalance the supply management policies of the Organization of the Petroleum Exporting Countries.
(4)In order to combat high gasoline prices during the summer and fall of 2000, President Clinton released 30,000,000 barrels of oil from the Strategic Petroleum Reserve and stabilized the price of gasoline.
(b)RequirementFor purposes of lowering the burden of gasoline prices on the economy of the United States and circumventing the Organization of the Petroleum Exporting Countries’ efforts to reap windfall crude oil profits and starting on the date of the enactment of this Act, the President shall—
(1)suspend the delivery of oil to the Strategic Petroleum Reserve until the date on which the price for a gallon of gasoline, as reported by the United States Energy Information Administration, is less than $1.50 per gallon; and
(2)release at least 1,000,000 barrels of oil per day from the Strategic Petroleum Reserve until the sooner of —
(A)the date that is 60 days following the date of the enactment of this Act; or
(B)the date on which the average price for a gallon of gasoline, as reported by the United States Energy Information Administration, is less than $1.50 per gallon.
5.Minimum inventory levels
(a)Establishing minimum levelsThe Secretary of Energy shall establish minimum inventory levels that producers, refiners, and marketers of crude oil and petroleum products must maintain in order to limit the impact unexpected supply disruptions have on prices at the wholesale and retail levels.
(b)Regional variationsFor purposes of subsection (a), the minimum inventory levels shall take into account regional variations in supply and demand, and market structure.
(c)Administrative proceduresFor purposes of subsection (a), the Secretary may perform the following procedures:
(1)Different industry segmentsSet varying levels for each segment of the oil industry as the Secretary determines appropriate.
(2)Different productsSet different levels for the various crude oil and petroleum products, including gasoline, home heating oil, and jet fuel.
(3)Seasonal adjustmentAdjust minimum inventory levels to reflect seasonal adjustments.
6.Ban on exporting of Alaskan oil
(a)Repeal of provision authorizing exportsSection 28(s) of the Mineral Leasing Act (30 U.S.C. 185(s)) is repealed.
(b)Reimposition of prohibition on crude oil exportsSection 7(d) of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d)) shall be effective as of the date of the enactment of this Act, and those provisions of the Export Administration Act of 1979 (including sections 11 and 12) shall apply to the extent necessary to carry out such section 7(d), notwithstanding section 20 of such Act and notwithstanding any other provision of law that would otherwise allow the export of oil to which such section 7(d) applies.
7.Sense of Congress regarding the Organization of the Petroleum Exporting Countries and the World Trade Organization
(a)FindingsCongress makes the following findings:
(1)No free market exists in oil production because of collusion among large oil-producing countries.
(2)The Organization of the Petroleum Exporting Countries (in this section referred to as OPEC) and other oil-producing countries have repeatedly agreed to coordinated cutbacks in production, thus manipulating world oil markets, resulting in de facto price fixing.
(3)Such manipulation led to the highest price per barrel of oil in nearly a decade, substantial increases in consumer prices for items such as home heating oil and gasoline, and continued price volatility.
(4)Rising oil prices greatly harm consumers, farmers, small businesses, and manufacturers, increase the likelihood of inflation, increase the cost of conducting interstate and international commerce, and pose a strong threat to continued economic growth.
(5)Article XI of the General Agreement on Tariffs and Trade of 1994 (in this section referred to as GATT) prohibits members of the World Trade Organization (in this section referred to as WTO) from setting quantitative restrictions on the import or export of resources or products across their borders; specifically the language reads: No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licenses or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of any other contracting party..
(6)The precise meaning of such article XI was spelled out in a GATT Panel Report issued in 1988 entitled Japan—Trade in Semi-conductors, which notes, . . . this wording [in article XI] was comprehensive: it applied to all measures instituted or maintained by a contracting party prohibiting or restricting the importation, exportation, or sale for export of products other than measures that take the form of duties, taxes, or other charges. . . . This wording indicated clearly that any measure instituted or maintained by a contracting party which restricted the exportation or sale for export of products was covered by this provision, irrespective of the legal status of the measure..
(7)Oil production restrictions clearly qualify as a quantitative restriction based on the original WTO rules and the 1988 GATT panel report, which certify that only duties, taxes, or other charges are allowable, not pacts among countries to limit production of a product for export.
(8)Article XX of GATT, which sets out a series of exceptions to article XI, notes that none of the exceptions is valid if it is applied in a manner which would constitute . . . a disguised restriction on international trade, a phrase which describes production restrictions of OPEC.
(9)Of the 11 OPEC countries, six are members of the WTO (Kuwait, Indonesia, Nigeria, Qatar, Venezuela, and United Arab Emirates), two have observer status and have applied to join the WTO (Saudi Arabia and Algeria), and only three have no relationship with the WTO (Libya, Iran, and Iraq).
(10)Of the remaining large oil-producing countries, Mexico, Norway, and Oman are members of the WTO, and Russia has observer status.
(11)Given the substantial WTO membership and pending membership of oil-producing countries, filing a complaint would likely have an immediate impact on the current and future behavior of these countries.
(b)Sense of CongressCongress strongly urges the President to instruct the United States Trade Representative to file a complaint in the World Trade Organization against oil-producing countries for violating their obligations under the rules of that organization.
8.Windfall profits tax
(a)Windfall profits tax
(1)In generalSubtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter:

56Windfall profit on crude oil, gasoline, and products thereof

Sec. 5896. Imposition of tax
5896.Imposition of tax
(a)In generalIn addition to any other tax imposed under this title, there is hereby imposed an excise tax on the sale in the United States of any crude oil, gasoline, or other taxable product equal to the applicable percentage of the windfall profit on such sale.
(b)DefinitionsFor purposes of this section—
(1)Taxable productThe term taxable product means any fuel which is a product of crude oil or gasoline.
(2)Windfall profitThe term windfall profit means, with respect to any sale, so much of the profit on such sale as exceeds a reasonable profit.
(3)Applicable percentageThe term applicable percentage means—
(A)50 percent to the extent that the profit on the sale exceeds 100 percent of the reasonable profit on the sale but does not exceed 102 percent of the reasonable profit on the sale;
(B)75 percent to the extent that the profit on the sale exceeds 102 percent of the reasonable profit on the sale but does not exceed 105 percent of the reasonable profit on the sale; and
(C)100 percent to the extent that the profit on the sale exceeds 105 percent of the reasonable profit on the sale.
(4)Reasonable profitThe term reasonable profit means the amount determined by the Reasonable Profits Board, established under section 8(c) of the Gasoline Price Stabilization Act of 2005, to be a reasonable profit on the sale.
(c)Liability for payment of taxThe taxes imposed by subsection (a) shall be paid by the seller..
(2)Clerical amendmentThe table of chapters for subtitle E of such Code is amended by adding at the end the following new item:

Chapter 56. Windfall profit on crude oil, gasoline, and products thereof..
(3)Effective dateThe amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.
(b)Credit for purchasing fuel efficient American-made passenger vehicles
(1)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section:

25C.Purchase of fuel-efficient American-made passenger vehicles
(a)In generalIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the cost of any qualified passenger vehicle purchased by the taxpayer during the taxable year.
(b)Maximum creditThe credit allowed by this section for the taxable year shall not exceed—
(1)$3,000 in the case of a qualified passenger vehicle not described in paragraph (2) or (3),
(2)$4,500 in the case of a qualified passenger vehicle the fuel economy of which is—
(A)in the case of a truck or sport utility vehicle, at least 45 miles per gallon but less than 55 miles per gallon, and
(B)in any other case, at least 55 miles per gallon but less than 65 miles per gallon, and
(3)$6,000 in the case of a qualified passenger vehicle the fuel economy of which is—
(A)in the case of a truck or sport utility vehicle, at least 55 miles per gallon, and
(B)in any other case, at least 65 miles per gallon.
(c)Qualified passenger vehicleFor purposes of this section—
(1)In generalThe term qualified passenger vehicle means any automobile (as defined in section 4064(b)(1))—
(A)which is purchased after the date of the enactment of this section,
(B)which is assembled in the United States by individuals employed under a collective bargaining agreement,
(C)the original use of which begins with the taxpayer,
(D)substantially all of the use of which is for personal, nonbusiness purposes, and
(E)the fuel economy of such automobile is—
(i)at least 35 miles per gallon in the case of a truck or sport utility vehicle, and
(ii)at least 45 miles per gallon in any other case.
(2)Fuel economyFuel economy shall be determined in accordance with section 4064.
(d)Special rules
(1)Basis reductionThe basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit.
(2)Property used outside United States not qualifiedNo credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)..
(2)Clerical amendmentThe table of sections for such subpart A is amended by inserting after the item relating to section 25B the following new item:

Sec. 25C. Purchase of fuel-efficient American-made passenger vehicles.
(3)Effective dateThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
(c)Reasonable Profits Board
(1)EstablishmentThere is established an independent board to be known as the Reasonable Profits Board (in this subsection referred to as the Board).
(2)DutiesThe Board shall make reasonable profit determinations for purposes of applying section 5896 of the Internal Revenue Code of 1986, as added by subsection (a) (relating to windfall profit on crude oil, gasoline, and products thereof).
(3)Advisory CommitteeThe Board shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).
(4)Appointment
(A)MembersThe Board shall be composed of three members appointed by the President of the United States.
(B)TermMember of the Board shall be appointed for a term of three years.
(C)VacanciesAny member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of the term of such member until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made.
(5)Financial Interests
(A)ProhibitionNo member may have a financial interest in any of the businesses for which reasonable profits are determined by the Board.
(B)RemovalA member shall be removed from the Board if the member is in violation of subparagraph (A).
(6)Pay and travel expenses
(A)PayNotwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), members of the Board shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Board.
(B)Travel expensesMembers shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code.
(7)Director of staff
(A)QualificationsThe Board shall appoint a Director who has no financial interests in any of the businesses for which reasonable profits are determined by the Board.
(B)PayNotwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
(8)Staff
(A)Additional personnelThe Director, with the approval of the Board, may appoint and fix the pay of additional personnel.
(B)AppointmentsThe Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.
(C)DetaileesUpon the request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Board to assist the Board in accordance with an agreement entered into with the Board.
(D)AssistanceThe Comptroller General of the United States may provide assistance, including the detailing of employees, to the Board in accordance with an agreement entered into with the Board.
(9)Other authority
(A)Experts and consultantsThe Board may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code.
(B)LeasingThe Board may lease space and acquire personal property to the extent that funds are available.
(10)FundingThere are authorized to be appropriated such funds as are necessary to carry out this subsection.
9.Merger moratoriums
(a)Prohibition on certain mergers in oil industrySection 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at the end the following:
No person engaged in commerce in the petroleum industry may be acquired by another person unless the acquisition is likely to result in a net benefit to consumers by maintaining or increasing competition..
(b)Moratorium on large petroleum and cruel oil mergers
(1)One-year moratoriumDuring the one-year period beginning on the date of the enactment of this Act and except as provided in paragraph (2), with respect to petroleum and crude oil products no explorer, producer, transporter, refiner, or wholesale distributor of such products, or operator of a retail gasoline outlet, with annual net sales or total assets of more than $10,000,000 shall merge or acquire, directly or indirectly, any voting securities or assets of any other such explorer, producer, transporter, refiner, distributor, or operator with annual net sales or total assets of more than $10,000,000.
(2)Waiver AuthorityThe Attorney General may waive the moratorium imposed by paragragraph (1) only under extraordinary circumstances, such as insolvency or similar financial distress of one of the affected parties.
10.Petroleum Industry Concentration and Market Power Review Commission
(a)Establishment of commissionThere is established a commission to be known as the Petroleum Industry Concentration and Market Power Review Commission (in this section referred to as the Commission).
(b)Duties of the commission
(1)Study on petroleum industryThe Commission shall study the nature, causes, and consequences of concentration of ownership in the exploration, production, transportation, refinement, wholesale distribution, and retail sale of crude oil and petroleum products in the United States in the broadest possible terms.
(2)Issues to be addressedThe study shall include an examination of the following matters:
(A)The nature and extent of the concentration described in paragraph (1).
(B)Current trends in such concentration and what such industry is likely to look like in the near term and longer term future.
(C)The effect of such concentration on the exploration, production, transportation, refinement, wholesale distribution, and retail sale of crude oil and petroleum products.
(D)The effect of such concentration on prices at the wholesale and retail levels.
(E)The effect of such concentration on consumers of petroleum products, including retail consumers, businesses (including fuel dependent industries such as aviation and trucking), and farmers.
(F)The relationship between current laws and administrative practices and the support and encouragement of such concentration.
(G)Such related matters as the Commission determines to be important.
(c)Membership of commission
(1)CompositionThe Commission shall be composed of 12 members as follows:
(A)Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on Energy and Natural Resources.
(B)Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Energy and Natural Resources.
(C)Three persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Energy and Commerce.
(D)Three persons shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Energy and Commerce.
(2)Qualifications of members
(A)AppointmentsPersons who are appointed under paragraph (1) shall be persons who—
(i)have expertise in petroleum economics and antitrust, or have other pertinent qualifications or experience relating to petroleum industries; and
(ii)are not officers or employees of the United States.
(B)Other considerationPersons who are appointed under paragraph (1) shall—
(i)be representative of a broad cross sector of—
(I)explorers, producers, transporters, refiners, wholesale distributors, and retail sellers in the petroleum industry;
(II)various antitrust perspectives within the United States; and
(III)consumers, fuel-dependent businesses, and other interests that the Secretary considers necessary to ensure a balanced representation of perspectives and expertise in the petroleum industry; and
(ii)provide fresh insights to analyzing the causes and impacts of the concentration of ownership described in subsection (b)(1).
(3)Period of appointment and vacancies
(A)Period of appointmentMembers shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission.
(B)VacanciesAny vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(4)Meetings
(A)In generalThe Commission shall meet at the call of the Chairman.
(B)Initial meetingNot later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.
(5)Chairman and vice chairmanThe members of the Commission shall elect a chairman and vice chairman from among the members of the Commission.
(6)QuorumA majority of the members of the Commission shall constitute a quorum for the transaction of business.
(d)Final report
(1)Findings, conclusion, and recommendations of CommissionNot later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a final report that contains—
(A)the findings and conclusions of the study of the Commission required under subsection (b); and
(B)recommendations for addressing any problems identified in such study.
(2)Separate viewsAny member of the Commission may submit additional findings and recommendations as part of the final report.
(e)Powers of commission
(1)HearingsThe Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this section. The Commission shall hold at least one hearing in Washington, D.C., and at least four in a variety of geographic regions of the United States.
(2)Information from Federal agenciesThe Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.
(3)MailsThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(f)Commission personnel matters
(1)Compensation of membersEach member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission.
(2)Travel expensesThe members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of duties of the Commission.
(3)Staff
(A)In generalThe Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(B)CompensationThe Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(4)Detail of government employees Upon request of the Chairman, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. Such detail shall be without reimbursement and without interruption or loss of civil service status or privilege.
(5)Procurement of temporary and intermittent servicesThe Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(g)Support servicesThe Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
(h)Authorization for appropriationsThere is authorized to be appropriated $2,000,000 to carry out the provisions of this section.
11.Increased average fuel economy standards for passenger automobiles and light trucks
(a)Definition of light truckSection 32901(a) of title 49, United States Code, is amended by adding at the end the following:

(17)light truck has the meaning given that term in regulations prescribed by the Secretary of Transportation in the administration of this chapter..
(b)Increased standardsSection 32902 of such title is amended—
(1)in subsection (a)—
(A)by striking Non-passenger automobiles— and inserting Prescription of standards by regulation—; and
(B)by striking (except passenger automobiles) and inserting (except passenger automobiles and light trucks); and
(2)by amending subsection (b) to read as follows:

(b)Passenger automobiles and light trucks
(1)Passenger automobilesThe average fuel economy standard for passenger automobiles manufactured by a manufacturer in a model year after model year 2014 shall be 45.0 miles per gallon.
(2)Light trucksThe average fuel economy standard for light trucks manufactured by a manufacturer in a model year after model year 2014 shall be 34.0 miles per gallon. .
(c)Conforming amendmentsSuch section is amended in subsection (c)—
(1)in paragraph (1), by striking the standard and inserting a standard; and
(2)in paragraph (2), by striking increases the standard above 27.5 miles per gallon, or decreases the standard below 26.0 miles per gallon and inserting increases the standard above 45.0 miles per gallon or decreases the standard below 43.5 miles per gallon in the case of passenger automobiles, or increases the standard above 34.0 miles per gallon or decreases the standard below 32.5 miles per gallon in the case of light trucks,.
(d)Applicability of existing standardsThis section does not affect the application of section 32902 of title 49, United States Code, to passenger automobiles and light trucks manufactured before model year 2015.
12.Fuel economy of the Federal fleet of vehicles
(a)Baseline average fuel economyThe head of each executive agency shall determine, for each class of vehicles that are in the agency’s fleet of vehicles in fiscal year 2007, the average fuel economy for all of the vehicles in that class that are in the agency’s fleet of vehicles for that fiscal year. For the purposes of this section, the average fuel economy so determined for the agency’s vehicles in a class of vehicles shall be the baseline average fuel economy for the agency’s fleet of vehicles in that class.
(b)Increase of average fuel economyThe head of an executive agency shall manage the procurement of vehicles in each class of vehicles for that agency in such a manner that—
(1)not later than September 30, 2009, the average fuel economy of the new vehicles in the agency’s fleet of vehicles in each class of vehicles is not less than three miles per gallon higher than the baseline average fuel economy determined for that class; and
(2)not later than September 30, 2012, the average fuel economy of the new vehicles in the agency’s fleet of vehicles in each class of vehicles is not less than six miles per gallon higher than the baseline average fuel economy determined for that class.
(c)Calculation of average fuel economyAverage fuel economy shall be calculated for the purposes of this section in accordance with guidance which the Secretary of Transportation shall prescribe for the implementation of this section.
(d)Definitions
(1)The term “class of vehicles” means a class of vehicles for which an average fuel economy standard is in effect under chapter 329 of title 49, United States Code.
(2)The term “executive agency” has the meaning given the term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
(3) The term “new vehicle”, with respect to the fleet of vehicles of an executive agency, means a vehicle procured by or for the agency after September 30, 2008.


I
112th CONGRESS
2d Session
H. R. 4745
IN THE HOUSE OF REPRESENTATIVES

April 25, 2012
Mr. Johnson of Illinois introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on Cypermethrin.

1.Cypermethrin
(a)In generalHeading 9902.11.74 of the Harmonized Tariff Schedule of the United States (relating to Cypermethrin) is amended by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


113 SRES 489 ATS: Supporting the goals and ideals of “Growth Awareness Week”.
U.S. Senate
2014-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		2d Session
		S. RES. 489
		IN THE SENATE OF THE UNITED STATES

			June 26, 2014
			Mr. Kirk (for himself and Mr. Menendez) submitted the following resolution; which was referred to the Committee on the Judiciary

		July 23, 2014Committee discharged; considered and agreed toRESOLUTION
		Supporting the goals and ideals of Growth Awareness Week.

			Whereas, according to the Pictures of Standard Syndromes and Undiagnosed Malformations database
			 (commonly known as the POSSUM database), more than 600 serious diseases and health conditions cause growth failure;

			Whereas health conditions that cause growth failure may affect the overall health of a child;

			Whereas short stature may be a symptom of a serious underlying health condition;

			Whereas children with growth failure are often undiagnosed;

			Whereas, according to the MAGIC Foundation for children’s growth, 48 percent of children in the
			 United States who were evaluated for the 2 most common causes of growth
			 failure were undiagnosed with growth failure;

			Whereas the longer a child with growth failure goes undiagnosed, the greater the potential for
			 damage and higher costs of care;

			Whereas early detection and a diagnosis of growth failure are crucial to ensure a healthy future
			 for a child with growth failure;

			Whereas raising public awareness of, and educating the public about, growth failure is a vital
			 public service;

			Whereas support for identification of growth failure will allow for early detection;
			 and

			Whereas the MAGIC Foundation for children's growth has designated the third week of September as Growth Awareness Week: Now, therefore, be it

			That the Senate—

				(1)
				designates the third week of September 2014 as Growth Awareness Week; and

				(2)
				supports the goals and ideals of Growth Awareness Week.


		I
		111th CONGRESS
		1st Session
		H. R. 2709
		IN THE HOUSE OF REPRESENTATIVES

			June 4, 2009
			Mr. Honda (for
			 himself, Mr. Abercrombie,
			 Mr. Ackerman,
			 Mr. Baca, Ms. Baldwin, Mr.
			 Blumenauer, Mrs. Capps,
			 Mr. Capuano,
			 Ms. Clarke,
			 Mr. Davis of Illinois,
			 Mrs. Davis of California,
			 Ms. DeGette,
			 Mr. Delahunt,
			 Mr. Doyle,
			 Mr. Ellison,
			 Mr. Engel,
			 Mr. Faleomavaega,
			 Mr. Fattah,
			 Mr. Filner,
			 Mr. Frank of Massachusetts,
			 Mr. Grijalva,
			 Mr. Hinchey,
			 Ms. Hirono,
			 Mr. Israel,
			 Ms. Jackson-Lee of Texas,
			 Mr. Jackson of Illinois,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mr. Johnson of Georgia,
			 Mr. Kucinich,
			 Mr. Langevin,
			 Ms. Lee of California,
			 Mrs. Maloney,
			 Mr. Markey of Massachusetts,
			 Ms. Matsui,
			 Mr. McGovern,
			 Mr. Moran of Virginia,
			 Mr. Nadler of New York,
			 Mrs. Napolitano,
			 Ms. Norton,
			 Mr. Pallone,
			 Mr. Payne,
			 Mr. Polis of Colorado,
			 Ms. Richardson,
			 Ms. Roybal-Allard,
			 Mr. Rush, Mr. Sablan, Ms.
			 Linda T. Sánchez of California, Ms.
			 Schakowsky, Mr. Serrano,
			 Mr. Stark,
			 Ms. Wasserman Schultz,
			 Mr. Weiner,
			 Mr. Welch,
			 Mr. Wexler,
			 Ms. Woolsey, and
			 Mr. Wu) introduced the following bill;
			 which was referred to the Committee on the
			 Judiciary

		A BILL
		To amend the Immigration and Nationality Act to promote
		  family unity, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Reuniting Families
			 Act.
			(b)Table of
			 contentsThe table of
			 contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Reducing family-based visa backlogs and promoting family
				reunification
					Sec. 101. Recapture of immigrant visas lost to bureaucratic
				delay.
					Sec. 102. Reclassification of spouses and minor children of
				legal permanent residents as immediate relatives.
					Sec. 103. Country limits.
					Sec. 104. Promoting family unity.
					Sec. 105. Relief for orphans, widows, and widowers.
					Sec. 106. Exemption from immigrant visa limit for certain
				veterans who are natives of Philippines.
					Sec. 107. Fiancée child status protection.
					Sec. 108. Equal treatment for all stepchildren.
					Title II—Uniting American Families Act
					Sec. 201. Short title; amendments to Immigration and
				Nationality Act.
					Sec. 202. Definitions of permanent partner and permanent
				partnership.
					Sec. 203. Definition of child.
					Sec. 204. Worldwide level of immigration.
					Sec. 205. Numerical limitations on individual foreign
				states.
					Sec. 206. Allocation of immigrant visas.
					Sec. 207. Procedure for granting immigrant status.
					Sec. 208. Annual admission of refugees and admission of
				emergency situation refugees.
					Sec. 209. Asylum.
					Sec. 210. Adjustment of status of refugees.
					Sec. 211. Inadmissible aliens.
					Sec. 212. Nonimmigrant status for permanent partners awaiting
				the availability of an immigrant visa.
					Sec. 213. Derivative status for permanent partners of
				nonimmigrant visa holders.
					Sec. 214. Conditional permanent resident status for certain
				alien spouses, permanent partners, and sons and daughters.
					Sec. 215. Conditional permanent resident status for certain
				alien entrepreneurs, spouses, permanent partners, and children.
					Sec. 216. Deportable aliens.
					Sec. 217. Removal proceedings.
					Sec. 218. Cancellation of removal; adjustment of
				status.
					Sec. 219. Adjustment of status of nonimmigrant to that of
				person admitted for permanent residence.
					Sec. 220. Application of criminal penalties for
				misrepresentation and concealment of facts regarding permanent
				partnerships.
					Sec. 221. Requirements as to residence, good moral character,
				attachment to the principles of the Constitution.
					Sec. 222. Naturalization for permanent partners of
				citizens.
					Sec. 223. Application of family unity provisions to permanent
				partners of certain LIFE Act beneficiaries.
					Sec. 224. Application to Cuban Adjustment Act.

			IReducing
			 family-based visa backlogs and promoting family reunification
			101.Recapture of
			 immigrant visas lost to bureaucratic delay
				(a)Worldwide level
			 of family-sponsored immigrantsSection 201(c) of the Immigration
			 and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows:

						(c)Worldwide level
				of family-sponsored immigrants
							(1)In
				generalSubject to
				subparagraph (B), the worldwide level of family-sponsored immigrants under this
				subsection for a fiscal year is equal to the sum of—
								(A)480,000;
				and
								(B)the sum of—
									(i)the number
				computed under paragraph (2); and
									(ii)the number
				computed under paragraph (3).
									(2)Unused visa
				numbers from previous fiscal yearThe number computed under this
				paragraph for a fiscal year is the difference, if any, between—
								(A)the worldwide level of family-sponsored
				immigrant visas established for the previous fiscal year; and
								(B)the number of
				visas issued under section 203(a), subject to this subsection, during the
				previous fiscal year.
								(3)Unused visa
				numbers from fiscal years 1992 through 2007The number computed under this paragraph is
				the difference, if any, between—
								(A)the difference, if any, between—
									(i)the sum of the worldwide levels of
				family-sponsored immigrant visas established for fiscal years 1992 through
				2007; and
									(ii)the number of
				visas issued under section 203(a), subject to this subsection, during such
				fiscal years; and
									(B)the number of unused visas from fiscal
				years 1992 through 2007 that were issued after fiscal year 2007 under section
				203(a), subject to this
				subsection.
								.
				(b)Worldwide level
			 of employment-based immigrantsSection 201(d) of the Immigration
			 and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

						(d)Worldwide level
				of employment-based immigrants
							(1)In
				generalThe worldwide level of employment-based immigrants under
				this subsection for a fiscal year is equal to the sum of—
								(A)140,000;
								(B)the number
				computed under paragraph (2); and
								(C)the number
				computed under paragraph (3).
								(2)Unused visa
				numbers from previous fiscal yearThe number computed under this
				paragraph for a fiscal year is the difference, if any, between—
								(A)the worldwide
				level of employment-based immigrant visas established for the previous fiscal
				year; and
								(B)the number of
				visas issued under section 203(b), subject to this subsection, during the
				previous fiscal year.
								(3)Unused visa
				numbers from fiscal years 1992 through 2007The number computed under this paragraph is
				the difference, if any, between—
								(A)the difference, if any, between—
									(i)the sum of the
				worldwide levels of employment-based immigrant visas established for each of
				fiscal years 1992 through 2007; and
									(ii)the number of
				visas issued under section 203(b), subject to this subsection, during such
				fiscal years; and
									(B)the number of
				unused visas from fiscal years 1992 through 2007 that were issued after fiscal
				year 2007 under section 203(b), subject to this
				subsection.
								.
				(c)Effective
			 dateThe amendments made by
			 this section shall take effect on the date which is 60 days after the date of
			 the enactment of this Act.
				102.Reclassification
			 of spouses and minor children of legal permanent residents as immediate
			 relatives
				(a)In
			 generalSection 201(b)(2) of the Immigration and Nationality Act
			 (8 U.S.C. 1151(b)(2)) is amended to read as follows:

						(2)Immediate
				relative
							(A)In
				general
								(i)Immediate
				relative definedIn this subparagraph, the term immediate
				relative means a child, spouse, or parent of a citizen of the United
				States or a child or spouse of a lawful permanent resident (and for each family
				member of a citizen or lawful permanent resident under this subparagraph, such
				individual’s spouse or child who is accompanying or following to join the
				individual), except that, in the case of parents, such citizens shall be at
				least 21 years of age.
								(ii)Previously
				issued visaAliens admitted under section 211(a) on the basis of
				a prior issuance of a visa under section 203(a) to their accompanying parent
				who is an immediate relative.
								(iii)Parents and
				childrenAn alien who was the child or parent of a citizen of the
				United States or a child of a lawful permanent resident at the time of the
				citizen’s or resident’s death if the alien files a petition under
				204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years
				of age.
								(iv)SpouseAn
				alien who was the spouse of a citizen of the United States or lawful permanent
				resident for not less than 2 years at the time of the citizen’s or resident’s
				death or, if married for less than 2 years at the time of the citizen’s or
				resident’s death, proves by a preponderance of the evidence that the marriage
				was entered into in good faith and not solely for the purpose of obtaining an
				immigration benefit and was not legally separated from the citizen or resident
				at the time of the citizen’s or resident’s death, and each child of such alien,
				shall be considered, for purposes of this subsection, an immediate relative
				after the date of the citizen’s or resident’s death if the spouse files a
				petition under section 204(a)(1)(A)(ii) before the earlier of—
									(I)2 years after such
				date; or
									(II)the date on which
				the spouse remarries.
									(v)Special
				ruleFor purposes of this subparagraph, an alien who has filed a
				petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an
				immediate relative if the United States citizen or lawful permanent resident
				spouse or parent loses United States citizenship or residence on account of the
				abuse.
								(B)Birth during
				temporary visit abroadAliens born to an alien lawfully admitted
				for permanent residence during a temporary visit
				abroad.
							.
				(b)Allocation of
			 immigrant visasSection 203(a) of the Immigration and Nationality
			 Act (8 U.S.C. 1153(a)) is amended—
					(1)in paragraph (1),
			 by striking 23,400 and inserting 38,000;
					(2)by striking
			 paragraph (2) and inserting the following:

							(2)Unmarried sons
				and unmarried daughters of permanent resident aliensQualified
				immigrants who are the unmarried sons or unmarried daughters (but are not the
				children) of an alien lawfully admitted for permanent residence shall be
				allocated visas in a number not to exceed 60,000, plus any visas not required
				for the class specified in paragraph
				(1).
							;
					(3)in paragraph (3),
			 by striking 23,400 and inserting 38,000;
			 and
					(4)in paragraph (4),
			 by striking 65,000 and inserting 90,000.
					(c)Technical and
			 conforming amendments
					(1)Rules for
			 determining whether certain aliens are immediate
			 relativesSection 201(f) of the Immigration and Nationality Act
			 (8 U.S.C. 1151(f)) is amended—
						(A)in paragraph (1),
			 by striking paragraphs (2) and (3), and inserting
			 paragraph (2),;
						(B)by striking
			 paragraph (2);
						(C)by redesignating
			 paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
						(D)in paragraph (3),
			 as redesignated by subparagraph (C), by striking through (3) and
			 inserting and (2).
						(2)Numerical
			 limitation to any single foreign stateSection 202 of the
			 Immigration and Nationality Act (8 U.S.C. 1152) is amended—
						(A)in subsection
			 (a)(4)—
							(i)by
			 striking subparagraphs (A) and (B);
							(ii)by
			 redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B),
			 respectively; and
							(iii)in
			 subparagraph (A), as redesignated by clause (ii), by striking section
			 203(a)(2)(B) and inserting section 203(a)(2); and
							(B)in subsection (e),
			 in the flush matter following paragraph (3), by striking , or as
			 limiting the number of visas that may be issued under section 203(a)(2)(A)
			 pursuant to subsection (a)(4)(A).
						(3)Allocation of
			 immigration visasSection 203(h) of the Immigration and
			 Nationality Act (8 U.S.C. 1153(h)) is amended—
						(A)in paragraph
			 (1)—
							(i)in
			 the matter preceding subparagraph (A), by striking subsections (a)(2)(A)
			 and (d) and inserting subsection (d);
							(ii)in
			 subparagraph (A), by striking becomes available for such alien (or, in
			 the case of subsection (d), the date on which an immigrant visa number became
			 available for the alien’s parent), and inserting became
			 available for the alien’s parent,; and
							(iii)in
			 subparagraph (B), by striking applicable;
							(B)by amending
			 paragraph (2) to read as follows:

								(2)Petitions
				describedThe petition described in this paragraph is a petition
				filed under section 204 for classification of the alien’s parent under
				subsection (a), (b), or (c).
								;
				and
						(C)in paragraph (3),
			 by striking subsections (a)(2)(A) and (d) and inserting
			 subsection (d).
						(4)Procedure for
			 granting immigrant statusSection 204 of the Immigration and
			 Nationality Act (8 U.S.C. 1154) is amended—
						(A)in subsection
			 (a)(1)—
							(i)in
			 subparagraph (A)—
								(I)in clause (i), by
			 inserting or lawful permanent resident after
			 citizen;
								(II)in clause (ii),
			 by striking described in the second sentence of section 201(b)(2)(A)(i)
			 also and inserting , alien child, or alien parent described in
			 section 201(b)(2)(A);
								(III)in clause
			 (iii)—
									(aa)in
			 subclause (I)(aa), by inserting or legal permanent resident
			 after citizen; and
									(bb)in
			 subclause (II)(aa)—
										(AA)in
			 subitems (AA) and (BB), by inserting or legal permanent
			 resident; after citizen each place that term
			 appears;
										(BB)in
			 subitem (CC), by inserting or legal permanent resident after
			 citizen each place that term appears; and
										(CC)in
			 subitem (CC)(bbb), by inserting or legal permanent resident
			 after citizenship;
										(IV)in clause (iv),
			 by inserting or legal permanent resident after
			 citizen each place that term appears;
								(V)in clause (v)(I),
			 by inserting or legal permanent resident after
			 citizen; and
								(VI)in clause
			 (vi)—
									(aa)by
			 inserting or legal permanent resident status after
			 renunciation of citizenship; and
									(bb)by
			 inserting or legal permanent resident after abuser’s
			 citizenship;
									(ii)by striking
			 subparagraph (B);
							(iii)in
			 subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii),
			 or (B)(iii) and inserting clause (iii) or (iv) of subparagraph
			 (A); and
							(iv)in
			 subparagraph (J), by striking or clause (ii) or (iii) of subparagraph
			 (B);
							(B)in subsection (a),
			 by striking paragraph (2);
						(C)in subsection
			 (c)(1), by striking or preference status; and
						(D)in subsection (h),
			 by striking or a petition filed under subsection
			 (a)(1)(B)(ii).
						103.Country
			 limitsSection 202(a)(2) of
			 the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended by
			 striking 7 percent (in the case of a single foreign state) or 2
			 percent and inserting 10 percent (in the case of a single
			 foreign state) or 5 percent.
			104.Promoting
			 family unitySection 212(a)(9)
			 of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) is amended—
				(1)in subparagraph
			 (B)—
					(A)in clause
			 (iii)—
						(i)in
			 subclause (I), by striking 18 years of age and inserting
			 21 years of age;
						(ii)by
			 moving subclause (V) 4 ems to the right; and
						(iii)by
			 adding at the end the following:

								(VI)Clause (i) shall
				not apply to an alien for whom an immigrant visa is available or was available
				on or before the date of the enactment of the Reuniting Families Act, and is otherwise
				admissible to the United States for permanent
				residence.
								;
				and
						(B)in clause
			 (v)—
						(i)by
			 striking spouse or son or daughter and inserting spouse,
			 son, daughter, or parent;
						(ii)by
			 striking extreme;
						(iii)by
			 inserting , son, daughter, or after lawfully resident
			 spouse; and
						(iv)by
			 striking alien. and inserting alien or, if the Attorney
			 General determines that a waiver is necessary for humanitarian purposes, to
			 ensure family unity or is otherwise in the public interest.; and
						(2)in subparagraph
			 (C), by amending clause (ii) to read as follows:

						(ii)ExceptionsClause
				(i) shall not apply to an alien—
							(I)seeking admission
				more than 10 years after the date of the alien’s last departure from the United
				States if, prior to the alien’s reembarkation at a place outside the United
				States or attempt to be readmitted from a foreign contiguous territory, the
				Secretary of Homeland Security has consented to the alien’s reapplication for
				admission; or
							(II)for whom an
				immigrant visa is available or was available on or before the date of the
				enactment of the Reuniting Families
				Act, and is otherwise admissible to the United States for
				permanent
				residence.
							.
				105.Relief for
			 orphans, widows, and widowers
				(a)In
			 general
					(1)Special rule for
			 orphans and spousesIn applying clauses (iii) and (iv) of section
			 201(b)(2)(A) of the Immigration and Nationality
			 Act, as added by section 3(a), to an alien whose citizen or lawful
			 permanent resident relative died before the date of the enactment of this Act,
			 the alien relative may file the classification petition under section
			 204(a)(1)(A)(ii) of such Act, as amended by section 102(c)(4)(A)(i)(II), not
			 later than 2 years after the date of the enactment of this Act.
					(2)Eligibility for
			 paroleIf an alien was excluded, deported, removed, or departed
			 voluntarily before the date of the enactment of this Act based solely upon the
			 alien’s lack of classification as an immediate relative (as defined in section
			 201(b)(2)(A)(iv) of the Immigration and
			 Nationality Act, as amended by section 102(a)) due to the death of
			 such citizen or resident—
						(A)such alien shall
			 be eligible for parole into the United States pursuant to the Attorney
			 General’s discretionary authority under section 212(d)(5) of such Act (8 U.S.C.
			 1182(d)(5)); and
						(B)such alien’s
			 application for adjustment of status shall be considered notwithstanding
			 section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
						(b)Adjustment of
			 statusSection 245 of the Immigration and Nationality Act (8
			 U.S.C. 1255) is amended by adding at the end the following:

						(n)Application for
				adjustment of status by surviving spouses, parents, and children
							(1)In
				generalAn alien described in paragraph (2) who applies for
				adjustment of status before the death of the qualifying relative may have such
				application adjudicated as if such death had not occurred.
							(2)Alien
				describedAn alien described in this paragraph is an alien
				who—
								(A)is an immediate
				relative (as described in section 201(b)(2)(A));
								(B)is a
				family-sponsored immigrant (as described in subsection (a) or (d) of section
				203); or
								(C)is a derivative
				beneficiary of an employment-based immigrant under section 203(b) (as described
				in section
				203(d)).
								.
				(c)Transition
			 period
					(1)In
			 generalNotwithstanding a denial of an application for adjustment
			 of status for an alien whose qualifying relative died before the date of the
			 enactment of this Act, such application may be renewed by the alien through a
			 motion to reopen, without fee, if such motion is filed not later than 2 years
			 after such date of enactment.
					(2)Eligibility for
			 paroleIf an alien described in section 245(n)(2) of the
			 Immigration and Nationality Act, as added by subsection (b), was excluded,
			 deported, removed, or departed voluntarily before the date of the enactment of
			 this Act—
						(A)such alien shall
			 be eligible for parole into the United States pursuant to the Attorney
			 General’s discretionary authority under section 212(d)(5) of the
			 Immigration and Nationality Act (8 U.S.C.
			 1182(d)(5)); and
						(B)such alien’s
			 application for adjustment of status shall be considered notwithstanding
			 section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
						(d)Processing of
			 immigrant visas and derivative petitions
					(1)In
			 generalSection 204(b) of the Immigration and Nationality Act (8
			 U.S.C. 1154(b)) is amended—
						(A)by striking
			 After an investigation and inserting the following:

								(1)In
				generalAfter an
				investigation
								;
				and
						(B)by adding at the
			 end the following:

								(2)Death of
				qualifying relative
									(A)In
				generalAny alien described in subparagraph (B) whose qualifying
				relative died before the completion of immigrant visa processing may have an
				immigrant visa application adjudicated as if such death had not occurred. An
				immigrant visa issued before the death of the qualifying relative shall remain
				valid after such death.
									(B)Alien
				describedAn alien described in this subparagraph is an alien
				who—
										(i)is
				an immediate relative (as described in section 201(b)(2)(A));
										(ii)is a
				family-sponsored immigrant (as described in subsection (a) or (d) of section
				203);
										(iii)is a derivative
				beneficiary of an employment-based immigrant under section 203(b) (as described
				in section 203(d)); or
										(iv)is the spouse or
				child of a refugee (as described in section 207(c)(2)) or an asylee (as
				described in section
				208(b)(3)).
										.
						(2)Transition
			 period
						(A)In
			 generalNotwithstanding a denial or revocation of an application
			 for an immigrant visa for an alien whose qualifying relative died before the
			 date of the enactment of this Act, such application may be renewed by the alien
			 through a motion to reopen, without fee, if such motion is filed not later than
			 2 years after such date of enactment.
						(B)Inapplicability
			 of bars to entryNotwithstanding section 212(a)(9) of the
			 Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), an alien’s application
			 for an immigrant visa shall be considered if the alien was excluded, deported,
			 removed, or departed voluntarily before the date of the enactment of this
			 Act.
						(e)NaturalizationSection
			 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by
			 inserting (or, if the spouse is deceased, the spouse was a citizen of
			 the United States) after citizen of the United
			 States.
				106.Exemption from
			 immigrant visa limit for certain veterans who are natives of
			 Philippines
				(a)Short
			 titleThis section may be
			 cited as the Filipino Veterans Family
			 Reunification Act.
				(b)Aliens not
			 subject to direct numerical limitationsSection 201(b)(1) of the Immigration and
			 Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the
			 following:

						(F)Aliens who are eligible for an
				immigrant visa under paragraph (1) or (3) of section 203(a) and who have a
				parent who was naturalized pursuant to section 405 of the Immigration Act of
				1990 (8 U.S.C. 1440
				note).
						.
				107.Fiancée child
			 status protection
				(a)DefinitionSection
			 101(a)(15)(K)(iii) of the Immigration and Nationality Act (8 U.S.C.
			 1101(a)(15)(K)(iii)) is amended by inserting , provided that a
			 determination of the age of such minor child is made using the age of the alien
			 on the date on which the petition is filed with the Secretary of Homeland
			 Security to classify the alien’s parent as the fiancée or fiancé of a United
			 States citizen (in the case of an alien parent described in clause (i)) or as
			 the spouse of a United States citizen under section 201(b)(2)(A)(i) (in the
			 case of an alien parent described in clause (ii)); before the semicolon
			 at the end.
				(b)Adjustment of
			 status authorizedSection 214(d) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(d)(1)) is amended—
					(1)by redesignating
			 paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
					(2)in paragraph (1),
			 by striking In the event and inserting the following:

							(2)(A)If an alien does not
				marry the petitioner under paragraph (1) within 3 months after the alien and
				the alien’s minor children are admitted into the United States, such alien and
				children shall be required to depart from the United States. If such aliens
				fail to depart from the United States, they shall be removed in accordance with
				sections 240 and 241.
								(B)Subject to subparagraphs (C) and (D),
				if an alien marries the petitioner described in section 101(a)(15)(K)(i) within
				3 months after the alien is admitted into the United States, the Secretary of
				Homeland Security or the Attorney General, subject to the provisions of section
				245(d), may adjust the status of the alien, and any minor children accompanying
				or following to join the alien, to that of an alien lawfully admitted for
				permanent residence on a conditional basis under section 216 if the alien and
				any such minor children apply for such adjustment and are not determined to be
				inadmissible to the United States.
								(C)Paragraphs (5) and (7)(A) of section
				212(a)) shall not apply to an alien who is eligible to apply for adjustment of
				his or her status to an alien lawfully admitted for permanent residence under
				this section.
								(D)An alien eligible for a waiver of
				inadmissibility as otherwise authorized under this Act shall be permitted to
				apply for adjustment of his or her status to that of an alien lawfully admitted
				for permanent residence under this
				section.
								.
					(c)Age
			 determinationSection 245(d) of the Immigration and Nationality
			 Act (8 U.S.C. 1155(d)) is amended—
					(1)by inserting
			 (1) before The Attorney
			 General; and
					(2)by adding at the
			 end the following:

							(2)A determination of the age of an
				alien admitted to the United States under section 101(a)(15)(K)(iii) shall be
				made, for purposes of adjustment to the status of an alien lawfully admitted
				for permanent residence on a conditional basis under section 216, using the age
				of the alien on the date on which the petition is filed with the Secretary of
				Homeland Security to classify the alien’s parent as the fiancée or fiancé of a
				United States citizen (in the case of an alien parent admitted to the United
				States under section 101(a)(15)(K)(i)) or as the spouse of a United States
				citizen under section 201(b)(2)(A)(i) (in the case of an alien parent admitted
				to the United States under section
				101(a)(15)(K)(ii)).
							.
					(d)Effective
			 date
					(1)In
			 generalThe amendments made by this section shall be effective as
			 if included in the Immigration Marriage Fraud Amendments of 1986 (Public Law
			 99–639).
					(2)ApplicabilityThe
			 amendments made by this section shall apply to all petitions or applications
			 described in such amendments that—
						(A)are pending as of
			 the date of the enactment of this Act; or
						(B)have been denied,
			 but would have been approved if such amendments had been in effect at the time
			 of adjudication of the petition or application.
						(3)Motion to reopen
			 or reconsiderA motion to reopen or reconsider a petition or
			 application described in paragraph (2)(B) shall be granted if such motion is
			 filed with the Secretary of Homeland Security or the Attorney General not later
			 than 2 years after the date of the enactment of this Act.
					108.Equal treatment
			 for all stepchildrenSection
			 101(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(B)) is
			 amended by striking , provided the child had not reached the age of
			 eighteen years at the time the marriage creating the status of stepchild
			 occurred.
			IIUniting American
			 Families Act
			201.Short title;
			 amendments to Immigration and Nationality Act
				(a)Short
			 TitleThis title may be cited as the Uniting American Families Act of
			 2009.
				(b)Amendments to
			 Immigration and Nationality ActExcept as otherwise specifically
			 provided, whenever in this title an amendment or repeal is expressed as the
			 amendment or repeal of a section or other provision, the reference shall be
			 considered to be made to that section or provision in the Immigration and
			 Nationality Act.
				202.Definitions of
			 permanent partner and permanent partnershipSection 101(a) (8 U.S.C. 1101(a)) is
			 amended—
				(1)in paragraph
			 (15)(K)(ii), by inserting or permanent partnership after
			 marriage; and
				(2)by adding at the
			 end the following:

						(52)The term
				permanent partner means an individual 18 years of age or older
				who—
							(A)is in a committed,
				intimate relationship with another individual 18 years of age or older in which
				both parties intend a lifelong commitment;
							(B)is financially
				interdependent with that other individual;
							(C)is not married to
				or in a permanent partnership with anyone other than that other
				individual;
							(D)is unable to
				contract with that other individual a marriage cognizable under this Act;
				and
							(E)is not a first,
				second, or third degree blood relation of that other individual.
							(53)The term
				permanent partnership means the relationship that exists between
				two permanent partners.
						(54)The term
				alien permanent partner means the individual in a permanent
				partnership who is being sponsored for a
				visa
						.
				203.Definition of
			 childSection 101(b)(1) (8
			 U.S.C. 1101(b)(1)) is amended by adding at the end the following:

					(H)(i)a biological child of an alien permanent
				partner if the child was under the age of 18 at the time the permanent
				partnership was formed; or
						(ii)a child adopted by an alien permanent
				partner while under the age of 16 years if the child has been in the legal
				custody of, and has resided with, such adoptive parent for at least 2 years and
				if the child was under the age of 18 at the time the permanent partnership was
				formed.
						.
			204.Worldwide level
			 of immigrationSection
			 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is amended—
				(1)by inserting
			 permanent partners, after spouses,;
				(2)by inserting
			 or permanent partner after spouse each place it
			 appears;
				(3)by inserting
			 (or, in the case of a permanent partnership, whose permanent partnership
			 was not terminated) after was not legally separated from the
			 citizen; and
				(4)by striking
			 remarries. and inserting remarries or enters a permanent
			 partnership with another person..
				205.Numerical
			 limitations on individual foreign states
				(a)Per country
			 levelsSection 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended—
					(1)in the heading, by
			 inserting , permanent
			 partners, after spouses;
					(2)in the heading of
			 subparagraph (A), by inserting , permanent partners, after
			 spouses; and
					(3)in the heading of subparagraph (C), by
			 striking and
			 daughters inserting without permanent partners and unmarried
			 daughters without permanent partners.
					(b)Rules for
			 chargeabilitySection 202(b)(2) (8 U.S.C. 1152(b)(2)) is
			 amended—
					(1)by inserting
			 or permanent partner after spouse each place it
			 appears; and
					(2)by inserting
			 or permanent partners after husband and
			 wife.
					206.Allocation of
			 immigrant visas
				(a)Preference
			 allocation for family members of permanent resident
			 aliensSection 203(a)(2) (8 U.S.C. 1153(a)(2)) is amended—
					(1)in the
			 heading—
						(A)by striking
			 and after spouses and inserting
			 , permanent
			 partners,; and
						(B)by inserting
			 without permanent
			 partners after sons and after
			 daughters;
						(2)in subparagraph
			 (A), by inserting , permanent partners, after
			 spouses; and
					(3)in subparagraph (B), by inserting
			 without permanent partners after sons and after
			 daughters.
					(b)Preference
			 allocation for sons and daughters of citizensSection 203(a)(3)
			 (8 U.S.C. 1153(a)(3)) is amended—
					(1)in the heading, by
			 inserting and daughters
			 and sons with permanent partners after
			 daughters; and
					(2)by inserting
			 , or daughters or sons with permanent partners, after
			 daughters.
					(c)Employment
			 creationSection 203(b)(5)(A)(ii) (8 U.S.C. 1153(b)(5)(A)(ii)) is
			 amended by inserting permanent partner, after
			 spouse,.
				(d)Treatment of
			 family membersSection 203(d) (8 U.S.C. 1153(d)) is amended by
			 inserting , permanent partner, after spouse each
			 place it appears.
				207.Procedure for
			 granting immigrant status
				(a)Classification
			 petitionsSection 204(a)(1) (8 U.S.C. 1154(a)(1)) is
			 amended—
					(1)in subparagraph
			 (A)(ii), by inserting or permanent partner after
			 spouse;
					(2)in subparagraph
			 (A)(iii)—
						(A)by inserting
			 or permanent partner after spouse each place it
			 appears; and
						(B)in subclause (I),
			 by inserting or permanent partnership after
			 marriage each place it appears;
						(3)in subparagraph
			 (A)(v)(I), by inserting permanent partner, after is the
			 spouse,;
					(4)in subparagraph
			 (A)(vi)—
						(A)by inserting
			 or termination of the permanent partnership after
			 divorce; and
						(B)by inserting
			 , permanent partner, after spouse; and
						(5)in subparagraph
			 (B)—
						(A)by inserting
			 or permanent partner after spouse each place it
			 appears;
						(B)by inserting
			 or permanent partnership after marriage in clause
			 (ii)(I)(aa) and the first place it appears in clause (ii)(I)(bb); and
						(C)in clause
			 (ii)(II)(aa)(CC)(bbb), by inserting (or the termination of the permanent
			 partnership) after termination of the marriage.
						(b)Immigration
			 fraud preventionSection 204(c) (8 U.S.C. 1154(c)) is
			 amended—
					(1)by inserting
			 or permanent partner after spouse each place it
			 appears; and
					(2)by inserting
			 or permanent partnership after marriage each
			 place it appears.
					208.Annual admission of
			 refugees and admission of emergency situation refugeesSection 207(c) (8 U.S.C. 1157(c)) is
			 amended—
				(1)in paragraph
			 (2)—
					(A)by inserting
			 or permanent partner after spouse each place it
			 appears; and
					(B)by inserting
			 or permanent partner’s after spouse’s; and
					(2)in paragraph (4),
			 by inserting or permanent partner after
			 spouse.
				209.AsylumSection 208(b)(3) (8 U.S.C. 1158(b)(3)) is
			 amended—
				(1)in the heading, by
			 inserting or permanent
			 partner after spouse; and
				(2)in the text, by
			 inserting or permanent partner after
			 spouse.
				210.Adjustment of status
			 of refugeesSection 209(b)(3)
			 (8 U.S.C. 1159(b)(3)) is amended by inserting or permanent
			 partner after spouse.
			211.Inadmissible
			 aliens
				(a)Classes of
			 aliens ineligible for visas or admissionSection 212(a) (8 U.S.C.
			 1182(a)) is amended—
					(1)in paragraph
			 (3)(D)(iv), by inserting permanent partner, after
			 spouse,;
					(2)in paragraph
			 (4)(C)(i)(I), by inserting , permanent partner, after
			 spouse;
					(3)in paragraph
			 (6)(E)(ii), by inserting permanent partner, after
			 spouse,; and
					(4)in paragraph
			 (9)(B)(v), by inserting , permanent partner, after
			 spouse.
					(b)WaiversSection
			 212(d) (8 U.S.C. 1182(d)) is amended—
					(1)in paragraph (11),
			 by inserting permanent partner, after spouse,;
			 and
					(2)in paragraph (12),
			 by inserting , permanent partner, after
			 spouse.
					(c)Waivers of
			 inadmissibility on health-related groundsSection 212(g)(1)(A) (8
			 U.S.C. 1182(g)(1)(A)) is amended by inserting or permanent
			 partner after spouse.
				(d)Waivers of
			 inadmissibility on criminal and related groundsSection
			 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is amended by inserting permanent
			 partner, after spouse,.
				(e)Waiver of
			 inadmissibility for misrepresentationSection 212(i)(1) (8 U.S.C.
			 1182(i)(1)) is amended by inserting permanent partner, after
			 spouse,.
				212.Nonimmigrant status
			 for permanent partners awaiting the availability of an immigrant
			 visaSection 214(r) (8 U.S.C.
			 1184(r)) is amended—
				(1)in paragraph (1),
			 by inserting or permanent partner after spouse;
			 and
				(2)by inserting
			 or permanent partnership after marriage each
			 place it appears.
				213.Derivative status
			 for permanent partners of nonimmigrant visa holdersSection 101(a)(15) (8 U.S.C. 1101(a)(15))
			 is amended—
				(1)in subparagraph
			 (E), by inserting or permanent partner after
			 spouse;
				(2)in subparagraph
			 (F)(ii), by inserting or permanent partner after
			 spouse;
				(3)in subparagraph
			 (G)(i), by inserting , which shall include his or her permanent
			 partner after members of his or their immediate
			 family;
				(4)in subparagraph
			 (G)(ii), by inserting , which shall include permanent partners,
			 after the members of their immediate families;
				(5)in subparagraph
			 (G)(iii), by inserting , which shall include his permanent
			 partner, after the members of his immediate
			 family;
				(6)in subparagraph
			 (G)(iv), by inserting , which shall include permanent partners
			 after the members of their immediate families;
				(7)in subparagraph
			 (G)(v), by inserting , which shall include permanent partners
			 after the members of the immediate families;
				(8)in subparagraph
			 (H)(iii), by inserting or permanent partner after
			 spouse;
				(9)in subparagraph
			 (I), by inserting or permanent partner after
			 spouse;
				(10)in subparagraph
			 (J), by inserting or permanent partner after
			 spouse;
				(11)in subparagraph
			 (L), by inserting or permanent partner after
			 spouse;
				(12)in subparagraph
			 (M)(ii), by inserting or permanent partner after
			 spouse;
				(13)in subparagraph
			 (O)(iii), by inserting or permanent partner after
			 spouse;
				(14)in subparagraph
			 (P)(iv), by inserting or permanent partner after
			 spouse;
				(15)in subparagraph
			 (Q)(ii)(II), by inserting or permanent partner after
			 spouse;
				(16)in subparagraph
			 (R), by inserting or permanent partner after
			 spouse;
				(17)in subparagraph
			 (S), by inserting or permanent partner after
			 spouse;
				(18)in subparagraph
			 (T)(ii)(I), by inserting or permanent partner after
			 spouse;
				(19)in subparagraph
			 (T)(ii)(II), by inserting or permanent partner after
			 spouse;
				(20)in subparagraph
			 (U)(ii)(I), by inserting or permanent partner after
			 spouse;
				(21)in subparagraph
			 (U)(ii)(II), by inserting or permanent partner after
			 spouse; and
				(22)in subparagraph
			 (V), by inserting permanent partner or after beneficiary
			 (including a.
				214.Conditional
			 permanent resident status for certain alien spouses, permanent partners, and
			 sons and daughters
				(a)Section
			 heading
					(1)In
			 generalThe heading for section 216 (8 U.S.C. 1186a) is amended
			 by inserting and
			 permanent partners after spouses.
					(2)Clerical
			 amendmentThe table of contents is amended by amending the item
			 relating to section 216 to read as follows:

								Sec. 216. Conditional permanent resident
				status for certain alien spouses and permanent partners and sons and
				daughters.

							.
					(b)In
			 generalSection 216(a) (8 U.S.C. 1186a(a)) is amended—
					(1)in paragraph (1),
			 by inserting or permanent partner after
			 spouse;
					(2)in paragraph
			 (2)(A), by inserting or permanent partner after
			 spouse;
					(3)in paragraph
			 (2)(B), by inserting permanent partner, after
			 spouse,; and
					(4)in paragraph
			 (2)(C), by inserting permanent partner, after
			 spouse,.
					(c)Termination of
			 status if finding that qualifying marriage improperSection
			 216(b) of such Act (8 U.S.C. 1186a(b)) is amended—
					(1)in the heading, by
			 inserting or permanent
			 partnership after marriage;
					(2)in paragraph
			 (1)(A), by inserting or permanent partnership after
			 marriage; and
					(3)in paragraph
			 (1)(A)(ii)—
						(A)by inserting
			 or has ceased to satisfy the criteria for being considered a permanent
			 partnership under this Act, after terminated,;
			 and
						(B)by inserting
			 or permanent partner after spouse.
						(d)Requirements of
			 timely petition and interview for removal of conditionSection
			 216(c) (8 U.S.C. 1186a(c)) is amended—
					(1)in paragraphs (1),
			 (2)(A)(ii), (3)(A)(ii), (3)(C), (4)(B), and (4)(C), by inserting or
			 permanent partner after spouse each place it appears;
			 and
					(2)in paragraph
			 (3)(A), in the matter following clause (ii), and in paragraph (3)(D), (4)(B),
			 and (4)(C), by inserting or permanent partnership after
			 marriage each place it appears.
					(e)Contents of
			 petitionSection 216(d)(1) of such Act (8 U.S.C. 1186a(d)(1)) is
			 amended—
					(1)in the heading of
			 subparagraph (A), by inserting or permanent partnership after
			 marriage;
					(2)in subparagraph
			 (A)(i), by inserting or permanent partnership after
			 marriage;
					(3)in subparagraph
			 (A)(i)(I), by inserting before the comma at the end , or is a permanent
			 partnership recognized under this Act;
					(4)in subparagraph
			 (A)(i)(II)—
						(A)by inserting
			 or has not ceased to satisfy the criteria for being considered a
			 permanent partnership under this Act, after terminated,;
			 and
						(B)by inserting
			 or permanent partner after spouse;
						(5)in subparagraph
			 (A)(ii), by inserting or permanent partner after
			 spouse; and
					(6)in subparagraph
			 (B)(i)—
						(A)by inserting
			 or permanent partnership after marriage;
			 and
						(B)by inserting
			 or permanent partner after spouse.
						(f)DefinitionsSection
			 216(g) (8 U.S.C. 1186a(g)) is amended—
					(1)in paragraph
			 (1)—
						(A)by inserting
			 or permanent partner after spouse each place it
			 appears; and
						(B)by inserting
			 or permanent partnership after marriage each
			 place it appears;
						(2)in paragraph (2),
			 by inserting or permanent partnership after
			 marriage;
					(3)in paragraph (3),
			 by inserting or permanent partnership after
			 marriage; and
					(4)in paragraph
			 (4)—
						(A)by inserting
			 or permanent partner after spouse each place it
			 appears; and
						(B)by inserting
			 or permanent partnership after marriage.
						215.Conditional
			 permanent resident status for certain alien entrepreneurs, spouses, permanent
			 partners, and children
				(a)Section
			 heading
					(1)In
			 generalThe heading for section 216A (8 U.S.C. 1186b) is amended
			 by inserting or
			 permanent partners after spouses.
					(2)Clerical
			 amendmentThe table of contents is amended by amending the item
			 relating to section 216A to read as follows:

								Sec. 216A. Conditional permanent resident
				status for certain alien entrepreneurs, spouses or permanent partners, and
				children.

							.
					(b)In
			 generalSection 216A(a) (8 U.S.C. 1186b(a)) is amended, in
			 paragraphs (1), (2)(A), (2)(B), and (2)(C), by inserting or permanent
			 partner after spouse each place it appears.
				(c)Termination of
			 status if finding that qualifying entrepreneurship
			 improperSection 216A(b)(1) (8 U.S.C. 1186b(b)(1)) is amended by
			 inserting or permanent partner after spouse in
			 the matter following subparagraph (C).
				(d)Requirements of
			 timely petition and interview for removal of conditionSection
			 216A(c) (8 U.S.C. 1186b(c)) is amended, in paragraphs (1), (2)(A)(ii), and
			 (3)(C), by inserting or permanent partner after
			 spouse.
				(e)DefinitionsSection
			 216A(f)(2) (8 U.S.C. 1186b(f)(2)) is amended by inserting or permanent
			 partner after spouse each place it appears.
				216.Deportable
			 aliensSection 237(a) of the
			 Immigration and Nationality Act (8
			 U.S.C. 1227(a)) is amended—
				(1)in paragraph
			 (1)(D)(i), by inserting or permanent partners after
			 spouses each place it appears;
				(2)in paragraphs
			 (1)(E)(ii), (1)(E)(iii), and (1)(H)(i)(I), by inserting or permanent
			 partner after spouse;
				(3)by adding at the
			 end of paragraph (1) the following new subparagraph:

						(I)Permanent
				Partnership fraudAn alien shall be considered to be deportable
				as having procured a visa or other documentation by fraud (within the meaning
				of section 212(a)(6)(C)(i)) and to be in the United States in violation of this
				Act (within the meaning of subparagraph (B)) if—
							(i)the alien obtains
				any admission to the United States with an immigrant visa or other
				documentation procured on the basis of a permanent partnership entered into
				less than 2 years prior to such admission and which, within 2 years subsequent
				to such admission, is terminated because the criteria for permanent partnership
				are no longer fulfilled, unless the alien establishes to the satisfaction of
				the Secretary of Homeland Security that such permanent partnership was not
				contracted for the purpose of evading any provisions of the immigration laws;
				or
							(ii)it appears to the
				satisfaction of the Secretary of Homeland Security that the alien has failed or
				refused to fulfill the alien’s permanent partnership which in the opinion of
				the Secretary of Homeland Security was made for the purpose of procuring the
				alien’s admission as an immigrant.
							;
				and
				(4)in paragraphs
			 (2)(E)(i) and (3)(C)(ii), by inserting or permanent partner
			 after spouse each place it appears.
				217.Removal
			 proceedingsSection 240 (8
			 U.S.C. 1229a) is amended—
				(1)in the heading of
			 subsection (c)(7)(C)(iv), by inserting permanent partners, after
			 spouses,; and
				(2)in subsection
			 (e)(1), by inserting or permanent partner after
			 spouse.
				218.Cancellation of
			 removal; adjustment of statusSection 240A(b) (8 U.S.C. 1229b(b)) is
			 amended—
				(1)in paragraph
			 (1)(D), by inserting or permanent partner after
			 spouse;
				(2)in the heading for
			 paragraph (2), by inserting , permanent partner, after
			 spouse; and
				(3)in paragraph
			 (2)(A), by inserting , permanent partner, after
			 spouse each place it appears.
				219.Adjustment of status
			 of nonimmigrant to that of person admitted for permanent residence
				(a)Prohibition on
			 adjustment of statusSection 245(d) (8 U.S.C. 1255(d)) is amended
			 by inserting or permanent partnership after
			 marriage.
				(b)Avoiding
			 immigration fraudSection 245(e) (8 U.S.C. 1255(e)) is
			 amended—
					(1)in paragraph (1),
			 by inserting or permanent partnership after
			 marriage; and
					(2)by adding at the
			 end the following new paragraph:

							(4)Paragraph (1) and section 204(g)
				shall not apply with respect to a permanent partnership if the alien
				establishes by clear and convincing evidence to the satisfaction of the
				Secretary of Homeland Security that the permanent partnership was entered into
				in good faith and in accordance with section 101(a)(52) and the permanent
				partnership was not entered into for the purpose of procuring the alien’s
				admission as an immigrant and no fee or other consideration was given (other
				than a fee or other consideration to an attorney for assistance in preparation
				of a lawful petition) for the filing of a petition under section 204(a) or
				214(d) with respect to the alien permanent partner. In accordance with
				regulations, there shall be only one level of administrative appellate review
				for each alien under the previous
				sentence.
							.
					(c)Adjustment of
			 status for certain aliens paying feeSection 245(i)(1) (8 U.S.C.
			 1255(i)(1)) is amended by inserting or permanent partner after
			 spouse each place it appears.
				220.Application of
			 criminal penalties for misrepresentation and concealment of facts regarding
			 permanent partnershipsSection
			 275(c) (8 U.S.C. 1325(c)) is amended to read as follows:

					(c)Any individual who
				knowingly enters into a marriage or permanent partnership for the purpose of
				evading any provision of the immigration laws shall be imprisoned for not more
				than 5 years, or fined not more than $250,000, or
				both.
					.
			221.Requirements as
			 to residence, good moral character, attachment to the principles of the
			 ConstitutionSection 316(b) (8
			 U.S.C. 1427(b)) is amended by inserting or permanent partner
			 after spouse.
			222.Naturalization
			 for permanent partners of citizensSection 319 (8 U.S.C. 1430) is
			 amended—
				(1)in subsection (a),
			 by inserting or permanent partner after spouse
			 each place it appears;
				(2)in subsection (a),
			 by inserting or permanent partnership after marital
			 union;
				(3)in subsection
			 (b)(1), by inserting or permanent partner after
			 spouse;
				(4)in subsection
			 (b)(3), by inserting or permanent partner after
			 spouse;
				(5)in subsection
			 (d)—
					(A)by inserting
			 or permanent partner after spouse each place it
			 appears; and
					(B)by inserting
			 or permanent partnership after marital
			 union;
					(6)in subsection
			 (e)(1)—
					(A)by inserting
			 or permanent partner after spouse; and
					(B)by inserting
			 or permanent partnership after marital union;
			 and
					(7)in subsection
			 (e)(2), by inserting or permanent partner after
			 spouse.
				223.Application of
			 family unity provisions to permanent partners of certain LIFE Act
			 beneficiariesSection 1504 of
			 the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as
			 enacted into law by section 1(a)(4) of Public Law 106–554) is amended—
				(1)in the heading, by
			 inserting , permanent
			 partners, after spouses;
				(2)in subsection (a),
			 by inserting , permanent partner, after spouse;
			 and
				(3)in each of
			 subsections (b) and (c)—
					(A)in the subsection
			 headings, by inserting ,
			 permanent partners, after spouses; and
					(B)by inserting
			 , permanent partner, after spouse each place it
			 appears.
					224.Application to Cuban
			 Adjustment Act
				(a)In
			 generalThe first section of
			 Public Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is amended—
					(1)in the next to
			 last sentence, by inserting , permanent partner, after
			 spouse the first two places it appears; and
					(2)in the last
			 sentence, by inserting , permanent partners, after
			 spouses.
					(b)Conforming
			 amendments
					(1)Immigration and
			 Nationality ActSection
			 101(a)(51)(D) (8 U.S.C. 1101(a)(51)(D)) is amended by striking or
			 spouse and inserting , spouse, or permanent
			 partner.
					(2)Violence Against
			 Women ActSection
			 1506(c)(2)(A)(i)(IV) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a
			 note; division B of Public Law 106–386) is amended by striking or
			 spouse and inserting , spouse, or permanent
			 partner.


116 S3119 IS: Casa Grande Ruins National Monument Boundary Modification Act of 2019
U.S. Senate
2019-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 3119IN THE SENATE OF THE UNITED STATESDecember 19, 2019Ms. McSally (for herself and Ms. Sinema) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo modify the boundary of the Casa Grande Ruins National Monument, and for other purposes.

 1.Short titleThis Act may be cited as the Casa Grande Ruins National Monument Boundary Modification Act of 2019. 2.FindingsCongress finds that—
 (1)Casa Grande Ruin Reservation was— (A)set aside on March 2, 1889;
 (B)proclaimed as the first archaeological preserve in the United States on June 22, 1892; and
 (C)redesignated as the Casa Grande Ruins National Monument on August 3, 1918;
 (2)the Casa Grande Ruins National Monument protects 1 of the finest architectural examples of 13th century Hohokam culture in the Southwest, which was known to early Spanish explorers as the Great House;
 (3)Casa Grande is only part of the story of an ancient town that may have covered 2 square miles; and (4)recent surveys and research have determined that the area of the Great House and the village surrounding the Great House extends beyond the existing boundary of the Casa Grande Ruins National Monument.
 3.DefinitionsIn this Act: (1)BIA landThe term BIA land means the approximately 7.41 acres of Federal land administered by the Director of the Bureau of Indian Affairs, as generally depicted on the map.
 (2)BLM landThe term BLM land means the approximately 3.8 acres of Federal land administered by the Director of the Bureau of Land Management, as generally depicted on the map.
 (3)MapThe term map means the map entitled Proposed Casa Grande Ruins Boundary Modification, numbered 300–120,734, and dated May 2013. (4)MonumentThe term Monument means the Casa Grande Ruins National Monument in the State.
 (5)SecretaryThe term Secretary means the Secretary of the Interior. (6)StateThe term State means the State of Arizona.
			4.Acquisition and transfer of administrative jurisdiction over certain land
 (a)Acquisition of landThe Secretary may acquire by donation, exchange, or purchase with donated or appropriated funds, from willing sellers only, the State land or private land or an interest in the State land or private land, as generally depicted on the map, to be administered as part of the Monument.
			(b)Transfer of administrative jurisdiction over BIA land and BLM land
 (1)WithdrawalThe BIA land and the BLM land are withdrawn from— (A)all forms of entry, appropriation, and disposal under the public land laws;
 (B)location, entry, and patent under the mining laws; and
 (C)operation of the mineral leasing and geothermal leasing laws and mineral materials laws.
					(2)Transfer of administrative jurisdiction
 (A)BLM landAdministrative jurisdiction over the BLM land is transferred from the Director of the Bureau of Land Management to the Director of the National Park Service.
 (B)BIA landAdministrative jurisdiction over the BIA is transferred from the Director of the Bureau of Indian Affairs to the Director of the National Park Service.
 (c)Transfer of administrative jurisdiction to BIAAdministrative jurisdiction over the approximately 3.5 acres of Federal land administered by the Director of the National Park Service, as generally depicted on the map as Lands to be Transferred to BIA, is transferred from the Director of the National Park Service to the Director of the Bureau of Indian Affairs for purposes of the San Carlos Irrigation Project.
 (d)Administration; boundary and map updateOn the acquisition of land or an interest in land under subsection (a) or the transfer of land under subsection (b), the Secretary shall—
 (1)administer the acquired land or interest in land or transferred land as part of the Monument, in accordance with the laws generally applicable to units of the National Park System, including applicable provisions of division A of subtitle I of title 54, United States Code; and
 (2)modify the boundary of the Monument and update the map to reflect the acquisition or transfer.
 (e)Availability of mapThe map shall be on file and available for inspection in the appropriate offices of the National Park Service.
 (f)CompensationExcept in a case in which State land or private land or an interest in State land or private land is acquired by donation, as consideration for the acquisition of State land or private land or an interest in State land or private land under subsection (a), the Secretary shall—
 (1)pay fair market value for the acquired land or interest in land; or (2)convey to the State or private landowner, as applicable, Federal land, an interest in Federal land, or any other Federal asset of equal value located in the State.
 5.Administration of State trust landThe Secretary may enter into an agreement with the State to provide for the cooperative management by the Secretary and the State of the approximately 200 acres of State trust land, as generally depicted on the map.


110 HR 6951 IH: TACT in Iran Act
U.S. House of Representatives
2008-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6951
		IN THE HOUSE OF REPRESENTATIVES

			September 18, 2008
			Ms. Lee (for herself,
			 Ms. Woolsey,
			 Mr. Hinchey,
			 Ms. Waters,
			 Mr. McGovern,
			 Mr. McDermott, and
			 Mr. Grijalva) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services, and in addition to the
			 Select Committee on Intelligence (Permanent
			 Select), 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 prohibit the use of funds by the Central Intelligence
		  Agency or the Department of Defense to provide covert or clandestine assistance
		  for the purpose of overthrowing the Government of Iran.

		1.Short titleThis Act may be cited as the
			 Transparent Actions over Covert
			 Tactics in Iran Act of 2008 or TACT in Iran Act .
		2.FindingsCongress finds the following:
			(1)The security of the United States is not
			 enhanced when the United States acts in a manner that leads other nations to
			 distrust its public pronouncements, question its motives, and view its actions
			 with suspicion.
			(2)Engaging in covert or clandestine
			 activities intended to undermine or overthrow the Government of Iran is
			 antithetical to democratic values and respect for the rule of law.
			3.Prohibition on
			 use of funds to covertly or clandestinely support the overthrow of the
			 Government of Iran
			(a)In
			 generalSubject to subsection
			 (b), no funds appropriated to the Federal Government may be obligated or
			 expended by the Central Intelligence Agency or the Department of Defense to
			 provide covert or clandestine support, including military training or advice or
			 equipment for military activities, for the purpose of overthrowing the
			 Government of Iran.
			(b)Exception for
			 declaration of warSubsection (a) shall not apply if a
			 declaration of war by Congress with respect to Iran is in effect.