109 HR 1562 IH: Chemical Facility Security Act of 2005
U.S. House of Representatives
2005-04-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 1562
IN THE HOUSE OF REPRESENTATIVES

April 12, 2005
Mr. Fossella introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To protect human health and the environment from the release of hazardous substances by acts of terrorism.

1.Short titleThis Act may be cited as the Chemical Facility Security Act of 2005.
2.FindingsThe Congress finds the following:
(1)Industries that manufacture, distribute, and process chemicals are crucial components of the national economy and the critical infrastructure of the United States—
(A)in their own right; and
(B)because those industries supply resources essential to the functioning of other critical infrastructure.
(2)A terrorist attack on a facility that manufactures, processes, or uses potentially dangerous chemicals, or a theft of those chemicals from such a facility for use in a terrorist attack, could pose a serious threat to—
(A)public health, safety, and welfare;
(B)critical infrastructure; and
(C)national security.
(3)While Federal, State, and local governments share primary responsibility for preventing, detecting, and responding to terrorist attacks, the owners and operators of facilities that manufacture, process, or use potentially dangerous chemicals should make every reasonable effort to protect those facilities against the threat of such attacks.
(4)While programs to protect the health and safety of workers, the public, and the environment by reducing the potential for accidental releases of potentially dangerous chemicals, including the consequences of worst-case releases of those chemicals, are in place as required by numerous Federal and State laws, the events of September 11, 2001, demonstrate the need to ensure that appropriate security measures are taken to address the threat of acts of terrorism against facilities that manufacture, use, or process potentially dangerous chemicals.
3.DefinitionsIn this Act:
(1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
(2)Chemical sourceThe term chemical source means a stationary source as defined in section 112(r)(2)(C) of the Clean Air Act (42 U.S.C. 7412(r)(2)(C)) at which a substance of concern is present in more than a threshold quantity, as defined in or established under paragraphs (3) and (5) of section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)), subject to the authority of the Secretary under section 5(f) to designate additional categories of stationary sources as chemical sources or to exempt categories of existing chemical sources from such designation.
(3)DepartmentThe term Department means the Department of Homeland Security.
(4)EnvironmentThe term environment has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(5)Owner or operatorThe term owner or operator has the meaning given the term in section 112(a) of the Clean Air Act (42 U.S.C. 7412(a)).
(6)ReleaseThe term release has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(7)SecretaryThe term Secretary means the Secretary of Homeland Security.
(8)Security measure
(A)In generalThe term security measure means an action carried out to ensure or enhance the security of a chemical source.
(B)InclusionsThe term security measure, with respect to a chemical source, includes measures such as—
(i)employee training and background checks;
(ii)the limitation and prevention of access to controls of the chemical source;
(iii)the protection of the perimeter of the chemical source;
(iv)the installation and operation of intrusion detection sensors;
(v)the implementation of measures to increase computer or computer network security;
(vi)the implementation of other security-related measures to protect against or reduce the threat of—
(I)a terrorist attack on the chemical source; or
(II)the theft of a substance of concern for offsite release in furtherance of an act of terrorism; and
(vii)conduct of any similar security-related activity, as determined by the Secretary.
(9)Substance of concernThe term substance of concern means a chemical substance present at a chemical source in more than a threshold quantity, subject to the authority of the Secretary under section 5(g) to designate new substances as substances of concern, exempt existing substances of concern from such designation, or adjust the threshold quantity for a substance of concern.
(10)TerrorismThe term terrorism has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(11)Terrorist releaseThe term terrorist release means—
(A)a release from a chemical source into the environment of a substance of concern that is caused by an act of terrorism; or
(B)the theft of a substance of concern by a person for offsite release in furtherance of an act of terrorism.
4.Designation of and requirements for high-priority categories
(a)Designation and regulation of high-priority categories by the secretaryNot later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall promulgate regulations to designate certain combinations of chemical sources and substances of concern as high-priority categories based on the severity of the threat posed by a terrorist release from the chemical sources.
(b)Factors to be consideredIn designating high-priority categories under subsection (a), the Secretary, in consultation with the Administrator, shall consider—
(1)the severity of the harm that could be caused by a terrorist release;
(2)the proximity to population centers;
(3)the threats to national security;
(4)the threats to critical infrastructure;
(5)the nature and quantity of substances of concern at a given facility; and
(6)such other security-related factors as the Secretary, in consultation with the Administrator, determines to be appropriate.
5.Vulnerability assessments and site security plans
(a)Requirement
(1)In generalNot later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations that require the owner or operator of each chemical source—
(A)to conduct an assessment of the vulnerability of the chemical source to a terrorist release, including identifying hazards that may result from a terrorist release;
(B)to prepare and implement a site security plan that addresses the results of the vulnerability assessment;
(C)in the case of a chemical source that is in a high-priority category under regulations under section 4, to provide to the Secretary a copy of the vulnerability assessment conducted under subparagraph (A) and the site security plan prepared under subparagraph (B); and
(D)in the case of a chemical source that is not in a high-priority category under regulations promulgated under section 4, to provide to the Department, on request, copies of the vulnerability assessment and site security plan for review.
(2)Deadlines
(A)In generalThe Secretary shall specify in regulations promulgated under paragraph (1) specific deadlines for the completion and certification of vulnerability assessments and site security plans under subsection (b).
(B)Alternative deadlinesThe Secretary may establish deadlines other than deadlines described in subparagraph (A) for different categories of chemical sources based on the regulatory criteria specified in subsection (e).
(3)Contents of site security planA site security plan required under the regulations promulgated under paragraph (1)—
(A)
(i)shall include security measures to reduce the vulnerability of the chemical source covered by the plan to a terrorist release; and
(ii)may include other actions and procedures appropriate to reduce the vulnerability of the chemical source to a terrorist release; and
(B)shall describe, at a minimum, particular equipment, plans, and procedures that could be implemented or used by or at the chemical source in the event of a terrorist release.
(4)Threat informationTo the maximum extent practicable under applicable authority and in the interests of national security, the Secretary shall provide to an owner or operator of a chemical source required to prepare a vulnerability assessment and site security plan threat information that is relevant to the chemical source.
(b)Certification and submission
(1)In generalEach owner or operator of a chemical source that is not in a high-priority category shall certify in writing to the Secretary that the owner or operator has completed a vulnerability assessment, and has developed and implemented or is implementing a site security plan, in accordance with this Act, including—
(A)regulations promulgated under subsection (a)(1); and
(B)any applicable procedures, protocols, or standards endorsed or recognized by the Secretary under subsection (c)(2).
(2)OversightThe Secretary shall, at such times and places as the Secretary determines to be appropriate, conduct or require the conduct of vulnerability assessments and other activities to ensure and evaluate compliance with—
(A)this Act (including regulations promulgated under subsection (a)(1)); and
(B)other applicable procedures, protocols, or standards endorsed or recognized by the Secretary under subsection (c)(2).
(c)Specified standards
(1)In generalThe Secretary may—
(A)establish procedures, protocols, and standards for vulnerability assessments and site security plans;
(B)establish provisions identifying security measures that, if implemented, would establish the sufficiency of a vulnerability assessment or site security plan; and
(C)require that a vulnerability assessment and site security plan address a particular threat or type of threat.
(2)Existing procedures, protocols, and standardsUpon petition by any person of the Secretary, any procedures, protocols, and standards established by the Secretary under paragraph (1)(A) shall endorse or recognize procedures, protocols, and standards—
(A)that are established by—
(i)industry;
(ii)Federal, State, or local authorities; or
(iii)other applicable law; and
(B)the requirements of which the Secretary determines to be—
(i)substantially equivalent to the requirements under subsection (a); and
(ii)in effect on or after the date of enactment of this Act.
(3)No action by secretaryIf the Secretary does not endorse or recognize existing procedures, protocols, and standards described in paragraph (2)(A), the Secretary shall provide to each person that submitted a petition under paragraph (2) a written notification that includes a clear explanation of the reasons why the endorsement or recognition was not made.
(d)Preparation of assessments and plansAs of the date of endorsement or recognition by the Secretary of a particular procedure, protocol, or standard under subsection (c)(2), any vulnerability assessment or site security plan that is prepared by a chemical source before, on, or after the date of endorsement or recognition of, and in accordance with, that procedure, protocol, or standard, shall be exempt from subsection (c) and paragraphs (1) and (3) of subsection (a) (including such a vulnerability assessment or site security plan prepared before, on, or after the date of enactment of this Act).
(e)Regulatory criteriaIn exercising the authority under subsections (a) and (c) with respect to a chemical source, the Secretary shall consider—
(1)the likelihood that a chemical source will be the target of terrorism;
(2)the nature and quantity of the substances of concern present at a chemical source;
(3)the potential extent of death, injury, or serious adverse effects to human health or the environment that would result from a terrorist release;
(4)the potential harm to critical infrastructure and national security from a terrorist release;
(5)cost and technical feasibility;
(6)scale of operations; and
(7)such other security-related factors as the Secretary determines to be appropriate and necessary to protect the public health and welfare, critical infrastructure, and national security.
(f)Designation and exemption of chemical sources
(1)In generalThe Secretary may, from time to time, by regulation—
(A)designate certain categories of stationary sources as chemical sources under this Act; or
(B)exempt certain categories of stationary sources from designation as chemical sources,without regard to whether a substance of concern is present at such sources in more than a threshold quantity.
(2)ConsiderationsIn designating or exempting a chemical source under paragraph (1), the Secretary shall consider the factors described in subsection (e).
(3)RegulationsThe Secretary may make a designation or exemption under paragraph (1) in regulations promulgated under subsection (a)(1).
(4)Future determinationsNot later than 3 years after the date of promulgation of regulations under subsections (a)(1) and (c), and every 3 years thereafter, the Secretary shall, after considering the criteria described in subsection (e), determine whether to designate or exempt particular categories of chemical sources under this subsection.
(g)Designation, exemption, and adjustment of threshold quantities of substances of concern
(1)In generalThe Secretary may, by regulation—
(A)designate certain chemical substances in particular threshold quantities as substances of concern under this Act;
(B)exempt certain chemical substances from designation as substances of concern under this Act; and
(C)adjust the threshold quantity of a chemical substance.
(2)ConsiderationsIn designating or exempting a chemical substance or adjusting the threshold quantity of a chemical substance under paragraph (1), the Secretary shall consider the potential extent of death, injury, or serious adverse effects to human health or the environment that would result from a terrorist release of the chemical substance.
(3)RegulationsThe Secretary may make a designation, exemption, or adjustment under paragraph (1) in regulations promulgated under subsection (a)(1).
(h)Five-Year ReviewNot later than 5 years after the date of certification of a vulnerability assessment and a site security plan under subsection (b)(1), and not less often than every 5 years thereafter (or on such a schedule as the Secretary may establish by regulation), the owner or operator of the chemical source covered by the vulnerability assessment or site security plan shall—
(1)review the adequacy of the vulnerability assessment and site security plan; and
(2)
(A)certify to the Secretary that the chemical source has completed the review and implemented any modifications to the site security plan; and
(B)upon request by the Secretary, submit to the Secretary a description of any changes to the vulnerability assessment or site security plan.
(i)Submission of changes for high-priority chemical sourcesThe owner or operator of a chemical source that is in a high-priority category under regulations under section 4 shall provide to the Secretary a description of any change made to the vulnerability assessment or site security plan required for the chemical source under this section, by not later than 90 days after the date the change is made.
(j)Protection of information
(1)Disclosure exemptionAll information obtained in accordance with this Act, and all information derived from that information (including information shared with Federal, State, and local governmental entities under paragraphs (2) and (3))—
(A)shall not be disclosed by any Federal agency, under section 552 of title 5, United States Code, or otherwise;
(B)shall not be disclosed under any State or local law providing for public access to information; and
(C)shall not be subject to discovery or admitted into evidence in any Federal or State civil judicial or administrative proceeding, other than an action under section 10.
(2)Development of protocols
(A)In generalThe Secretary, in consultation with the Director of the Office of Management and Budget and appropriate Federal law enforcement and intelligence officials, and in a manner consistent with existing protections for sensitive or classified information, shall, by regulation, establish confidentiality protocols for maintenance and use of information that is obtained from owners or operators of chemical sources and provided to the Secretary under this Act.
(B)Requirements for protocolsA protocol established under subparagraph (A) shall ensure that—
(i)each copy of a vulnerability assessment or site security plan submitted to the Secretary, all information contained in or derived from that assessment or plan, and other information obtained under section 8, is maintained in a secure location; and
(ii)except as provided in paragraph (3)(B), access to the copies of the vulnerability assessments and site security plans submitted to the Secretary, and other information obtained under section 8, shall be limited to persons designated by the Secretary.
(3)Penalties for unauthorized disclosure
(A)In generalExcept as provided in subparagraph (B), any individual who acquires any information described in paragraph (2)(A) (including any reproduction of that information or any information derived from that information), and who knowingly or recklessly discloses the information, shall—
(i)be imprisoned not more than 1 year, fined in accordance with chapter 227 of title 18, United States Code (applicable to class A misdemeanors), or both; and
(ii)if a Federal employee, be removed from Federal office or employment.
(B)Exceptions
(i)In generalSubparagraph (A) shall not apply to a person described in that subparagraph that discloses information described in paragraph (2)(A)—
(I)to an individual designated by the Secretary under paragraph (2)(B)(ii); or
(II)for use in any administrative or judicial proceeding to impose a penalty for failure to comply with a requirement of this Act.
(ii)Law enforcement officials and first respondersNotwithstanding subparagraph (A), an individual referred to in paragraph (2)(B)(ii) who is an officer or employee of the United States may share with a State or local law enforcement or other official (including a first responder) the contents of a vulnerability assessment or site security plan, or other information described in that paragraph, to the extent disclosure is necessary to carry out this Act.
6.Enforcement
(a)Failure to certify or submitIf an owner or operator of a chemical source fails to certify or submit a vulnerability assessment or site security plan in accordance with this Act, the Secretary may issue an order requiring the certification and submission of a vulnerability assessment or site security plan in accordance with this Act.
(b)DisapprovalThe Secretary may disapprove a vulnerability assessment or site security plan if the Secretary determines that—
(1)the vulnerability assessment or site security plan does not comply with regulations promulgated under subsections (a)(1) and (c) of section 5; or
(2)the site security plan, or the implementation of the site security plan, is insufficient to address—
(A)the results of a vulnerability assessment of a chemical source; or
(B)a threat of a terrorist release.
(c)ComplianceIf the Secretary disapproves a vulnerability assessment or site security plan of a chemical source under subsection (b), the Secretary shall—
(1)provide the owner or operator of the chemical source a written notification of the determination that includes a clear explanation of deficiencies in the vulnerability assessment, site security plan, or implementation of the assessment or plan;
(2)consult with the owner or operator of the chemical source to identify appropriate steps to achieve compliance; and
(3)if, following that consultation, the owner or operator of the chemical source does not achieve compliance in accordance by such date as the Secretary determines to be appropriate under the circumstances, issue an order requiring the owner or operator to revise, recertify, and submit the assessment or plan to correct deficiencies specified in the order.
(d)Protection of informationAny determination of disapproval or order made or issued under this section—
(1)shall not be disclosed by any Federal agency, under section 552 of title 5, United States Code, or otherwise;
(2)shall not be disclosed under any State or local law providing for public access to information; and
(3)shall not be subject to discovery or admitted into evidence in any Federal or State civil judicial or administrative proceeding, other than an action under section 10.
7.Interagency technical support and cooperationThe Secretary—
(1)may request other Federal agencies to provide technical and analytical support (other than field work) in implementing this Act; and
(2)may provide reimbursement for such technical and analytical support received as the Secretary determines to be appropriate.
8.Recordkeeping; site inspections; production of information
(a)RecordkeepingThe owner or operator of a chemical source that is required to prepare a vulnerability assessment or site security plan under section 5(a) shall maintain a current copy of those documents.
(b)Right of entryIn carrying out this Act, the Secretary (or a designee), on presentation of credentials, shall have a right of entry to, on, or through—
(1)any premises of an owner or operator of a chemical source described in subsection (a); and
(2)any premises on which any record required to be maintained under subsection (a) is located.
(c)Requests for recordsIn carrying out this Act, the Secretary (or a designee) may require the submission of, or, on presentation of credentials, may at reasonable times seek access to and copy—
(1)any records, reports, or other information described in subsection (a); and
(2)any other documentation necessary for—
(A)review or analysis of a vulnerability assessment or site security plan; or
(B)implementation of a site security plan.
(d)ComplianceIf the Secretary determines that an owner or operator of a chemical source is not maintaining, producing, or permitting access to records as required by this section, the Secretary may issue an order requiring compliance with the relevant provisions of this section.
9.Integration with other authoritiesA chemical source that is required to prepare a facility vulnerability assessment and a facility security plan or emergency response plan under the provisions of chapter 701 of title 46, United States Code, or section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i-2) shall not be subject to the requirements of this Act, unless the owner or operator petitions the Secretary to be subject to the requirements of this Act in lieu of those established by such provisions.
10.Penalties
(a)Judicial reliefAny owner or operator of a chemical source that violates or fails to comply with any order issued by the Secretary under this Act or a site security plan submitted to the Secretary under this Act (or, in the case of an exemption described in section 5(d), a procedure, protocol, or standard endorsed or recognized by the Secretary under section 5(c)) may, in a civil action brought in United States district court, be subject, for each day on which the violation occurs or the failure to comply continues, to—
(1)an order for injunctive relief; or
(2)a civil penalty of not more than $50,000.
(b)Administrative penalties
(1)Penalty ordersThe Secretary may issue an administrative penalty of not more than $250,000 for failure to comply with an order issued by the Secretary under this Act.
(2)Notice and hearingBefore issuing an order described in paragraph (1), the Secretary shall provide to the person against which the penalty is to be assessed—
(A)written notice of the proposed order; and
(B)the opportunity to request, not later than 30 days after the date on which the person receives the notice, a hearing on the proposed order.
(3)ProceduresThe Secretary may promulgate regulations outlining the procedures for administrative hearings and appropriate review, including necessary deadlines.
(c)Treatment of information in judicial proceedingsInformation submitted to or obtained by the Secretary, information derived from that information, and information submitted by the Secretary under this Act shall be treated in any judicial or administrative action as if the information were classified material.
11.Provision of trainingThe Secretary may provide training to State and local officials and owners and operators in furtherance of the purposes of this Act.
12.Provision of assessments and response plans under safe drinking water actSection 1433 of the Safe Drinking Water Act (42 U.S.C. 300i–2) is amended by adding at the end the following:

(f)Provision of assessments and response plans to Secretary of Homeland SecurityPursuant to section 202 of the Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 122), the Administrator shall, upon request by the Secretary of Homeland Security, provide to the Secretary any vulnerability assessment or emergency response plan received by the Administrator under this section..
13.No effect on requirements under other lawExcept as provided in section 5(j), section 6(c), section 9, and section 12, nothing in this Act affects any duty or other requirement imposed under any other Federal or State law.


114 S2735 IS: Protect America from Homemade Explosives Act
U.S. Senate
2016-03-17
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.

II114th CONGRESS2d SessionS. 2735IN THE SENATE OF THE UNITED STATESMarch 17, 2016Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo strengthen the enforcement of explosive materials prohibitions, and for other purposes.

 1.Short titleThis Act may be cited as the Protect America from Homemade Explosives Act .
		2.Explosive
			 materials prohibitions
			(a)Amendments to
 title 18Chapter 40 of title 18, United States Code, is amended—
 (1)in section 841(d), by inserting black powder substitutes, smokeless powder, after black powder,; and
 (2)in section 845(a)—
 (A)in paragraph (4), by striking and components thereof and inserting and components for use in small arms ammunition, excluding smokeless powder in quantities exceeding 50 pounds;; and
 (B)in paragraph (5), by striking black powder in quantities and inserting black powder and black powder substitutes in aggregate quantities.
 (b)Amendment to title 26Section 5861 of title 26, United States Code, is amended by striking subsection (f) and inserting the following:

 (f)to make, or attempt to make, a firearm in violation of the provisions of this chapter; or.


I
One Hundred Twelfth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and twelve
H. R. 347

AN ACT
To correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of title 18, United States Code.

1.Short titleThis Act may be cited as the Federal Restricted Buildings and Grounds Improvement Act of 2011.
2.Restricted building or groundsSection 1752 of title 18, United States Code, is amended to read as follows:

1752.Restricted building or grounds
(a)Whoever—
(1)knowingly enters or remains in any restricted building or grounds without lawful authority to do so;
(2)knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;
(3)knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or
(4)knowingly engages in any act of physical violence against any person or property in any restricted building or grounds;or attempts or conspires to do so, shall be punished as provided in subsection (b).
(b)The punishment for a violation of subsection (a) is—
(1)a fine under this title or imprisonment for not more than 10 years, or both, if—
(A)the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or
(B)the offense results in significant bodily injury as defined by section 2118(e)(3); and
(2)a fine under this title or imprisonment for not more than one year, or both, in any other case.
(c)In this section—
(1)the term restricted buildings or grounds means any posted, cordoned off, or otherwise restricted area—
(A)of the White House or its grounds, or the Vice President’s official residence or its grounds;
(B)of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or
(C)of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and
(2)the term other person protected by the Secret Service means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection..
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 6224 IH: Pilot College Work Study Programs for

U.S. House of Representatives
2008-06-10
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. 6224
		IN THE HOUSE OF REPRESENTATIVES

			June 10, 2008
			Ms. Herseth Sandlin
			 introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To direct the Secretary of Veterans Affairs to conduct a
		  five-year pilot project to test the feasibility and advisability of expanding
		  the scope of certain qualifying work-study activities under title 38, United
		  States Code.

		1.Short titleThis Act may be cited as the
			 Pilot College Work Study Programs for
			 Veterans Act of 2008.
		2.Five-year pilot
			 program for on-campus work-study positions
			(a)Establishment of
			 Pilot ProgramThe Secretary
			 of Veterans Affairs shall conduct a five-year pilot project to test the
			 feasibility and advisability of expanding the scope of qualifying work-study
			 activities for purposes of section 3485(a)(4) of title 38, United States Code,
			 including work-study positions available on site at educational
			 institutions.
			(b)Type of
			 Work-Study PositionsThe work-study positions referred to in
			 subsection (a) may include positions in academic departments (including
			 positions as tutors or research, teaching, and lab assistants) and in student
			 services (including positions in career centers and financial aid, campus
			 orientation, cashiers, admissions, records, and registration offices).
			(c)RegulationsThe
			 Secretary shall issue regulations to carry out the pilot project under this
			 section, including regulations providing for the supervision of work-study
			 positions referred to in subsection (a) by appropriate personnel of the
			 Department.
			(d)Authorization of
			 AppropriationsThere is authorized to be appropriated to the
			 Secretary $10,000,000 for each of fiscal years 2009 through 2012 to carry out
			 the pilot project under this section.


109 HJ 41 IH: Proposing an amendment to the Constitution of the United States to provide that no person born in the United States will be a United States citizen unless a parent is a United States citizen, or is lawfully admitted for permanent residence in the United States, at the time of the birth.
U.S. House of Representatives
2005-04-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IA
109th CONGRESS
1st Session
H. J. RES. 41
IN THE HOUSE OF REPRESENTATIVES

April 13, 2005
Mr. Foley (for himself, Mr. Shays, and Ms. Foxx) introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to provide that no person born in the United States will be a United States citizen unless a parent is a United States citizen, or is lawfully admitted for permanent residence in the United States, at the time of the birth.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:
 —
1.No person born in the United States after the date of the ratification of this article shall be a citizen of the United States, or of any State, on account of birth in the United States unless the mother or father of the person is a citizen of the United States, or is lawfully admitted for permanent residence in the United States, at the time of the birth.
2.The Congress shall have power to enforce this article by appropriate legislation..


114 HR 509 IH: Student Loan Interest Deduction Act of 2015
U.S. House of Representatives
2015-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 509
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2015
			Mr. Rangel (for himself, Mr. Gutiérrez, Mr. Cartwright, Mr. Conyers, Mr. Hinojosa, Mr. Larson of Connecticut, Ms. Lee, Mr. Loebsack, Mr. Lowenthal, Mr. Quigley, Mr. McDermott, Ms. Meng, Mr. Vargas, Ms. Wilson of Florida, Ms. Brown of Florida, Mr. Al Green of Texas, Mr. Hastings, Mr. Honda, Mrs. Kirkpatrick, Mr. McNerney, Ms. Moore, Mr. Nolan, Mr. Perlmutter, Mr. Peterson, Ms. Sewell of Alabama, Mr. Fattah, Ms. Eddie Bernice Johnson of Texas, Ms. Bordallo, Mr. Grijalva, and Ms. Plaskett) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to increase the deduction allowed for student loan
			 interest.

 1.Short titleThis Act may be cited as the Student Loan Interest Deduction Act of 2015. 2.Increase in deduction for student loan interest (a)Increase in dollar limitation and repeal of limitation based on incomeSection 221(b) of the Internal Revenue Code of 1986 is amended to read as follows:

 (b)Maximum deductionThe deduction allowed by subsection (a) for the taxable year shall not exceed $5,000 ($10,000 in the case of a joint return)..
 (b)Conforming amendmentsSection 221 of such Code is amended by striking subsections (e) and (f) (relating to special rules and inflation adjustments, respectively) and inserting the following new subsection:

 (e)Denial of double benefitNo deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


109 HR 4315 IH: To amend the Acts popularly known as the Duck Stamp Act and the Wetland Loan Act to reauthorize appropriations to promote the conservation of migratory waterfowl and to offset or prevent the serious loss of important wetlands and other waterfowl habitat essential to the preservation of such waterfowl, and for other purposes.
U.S. House of Representatives
2005-11-14
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. 4315
IN THE HOUSE OF REPRESENTATIVES

November 14, 2005
Mr. Kennedy of Minnesota (for himself and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Resources

A BILL
To amend the Acts popularly known as the Duck Stamp Act and the Wetland Loan Act to reauthorize appropriations to promote the conservation of migratory waterfowl and to offset or prevent the serious loss of important wetlands and other waterfowl habitat essential to the preservation of such waterfowl, and for other purposes.

1.Authorization of funds for conservation of migratory waterfowl and habitat The first section of Public Law 87–383 (16 U.S.C. 715k–3), popularly known as the Wetlands Loan Act, is amended—
(1)by striking for the period and all that follows through the end of the sentence and inserting $400,000,000 for fiscal years 2007 through 2016.; and
(2)by adding at the end the following: Funds appropriated pursuant to this Act shall be treated as an advance, without interest, to the migratory bird conservation fund. Such appropriated funds, beginning on July 1, 2007, shall be repaid to the Treasury out of the migratory bird conservation fund. Such repayment shall be made in annual amounts comprising the moneys accruing annually to such fund that are attributable to the portion of the price of migratory bird hunting stamps sold that year that is in excess of $15 per stamp..
2.Sales of duck stamps; price
(a)Sales of stampsSections 2(a) of the Act of March 16, 1934 (chapter 71; 16 U.S.C. 718b(a)), popularly known as the Duck Stamp Act, is amended—
(1)in the first sentence—
(A)by striking issued and sold by the Postal Service, and may be sold by the Department of the Interior and inserting sold by the Postal Service, the Secretary of the Interior, and any other person authorized by the Secretary of the Interior;
(B)by striking each post office of the first- and second-class and inserting any post office; and
(C)by striking as the Postal Service and the Secretary of the Interior and inserting the Postal Service, the Secretary of the Interior, or a person so authorized;
(2)in the third sentence by striking by the Postal Service and all that follows through the end of the sentence and inserting by the person selling the stamp the applicable price under subsection (b);
(3)in the fifth sentence by inserting hunting before year;
(4)in the sixth sentence—
(A)by striking Postal Service and inserting Secretary of the Interior;
(B)by striking prescribed by it and inserting prescribed by the Secretary;
(C)by striking of blocks composed of two or more attached; and
(D)by inserting authorized by the Secretary of the Interior to sell stamps on consignment; and
(5)by adding at the end the following: The Postal Service shall not sell stamps to any individual on consignment, and shall not redeem stamps sold on consignment by the Secretary of the Interior or a person authorized by the Secretary of the Interior to sell stamps on consignment..
(b)Price of stamp
(1)AmendmentSection 2(b) of such Act is amended to read as follows:

(b)A person authorized to sell stamps under this section shall collect, for each stamp sold—
(1)$25 for a stamp for any of hunting years 2007 through 2014; and
(2)$35 for a stamp for each hunting year after hunting year 2014..
(2)Limitation on applicationThis subsection shall not affect the application of section 2 of such Act before July 1, 2007.
(c)Disposition of unsold stampsSection 3(a) of the Act of July 30, 1956 (chapter 782; 16 U.S.C. 718b–1(a)) is amended—
(1)by inserting and conservation after migratory-bird hunting each place it appears;
(2)by inserting or the Secretary of the Interior after Postal Service the first place it appears;
(3)by striking Philatelic Agency and inserting Postal Service and the Secretary of the Interior, or a person authorized by the Secretary,; and
(4)by inserting and the Secretary of the Interior after Postal Service the second place it appears.
3.Display of stampThe first section of the Act of March 16, 1934 (chapter 71; 16 U.S.C. 718a), popularly known as the Duck Stamp Act, is amended by adding at the end the following: Nothing in this Act shall be construed to require a person to affix a stamp sold under this Act to any other license as a condition of engaging in hunting under the authority of the stamp..
4.Technical correctionSection 4 of the Act of March 16, 1934 (chapter 71; 16 U.S.C. 718d), popularly known as the Duck Stamp Act, is amended by striking personal and inserting personnel.
5.Sense of Congress regarding the expenditures of fundsIt is the sense of Congress that—
(1)the funds provided pursuant to the amendments made by this Act—
(A)should be used for preserving and increasing waterfowl populations in accordance with the goals and objectives of the North American Waterfowl Management Plan; and
(B)to that end, should be used to supplement and not replace current conservation funding, including funding for other Federal and State habitat conservation programs; and
(2)this Act should be implemented in a manner that helps private landowners achieve their long-term land use objectives in ways that enhance the conservation of wetlands and wildlife habitat.


		II

		109th CONGRESS

		2d Session

		S. 2502

		IN THE SENATE OF THE UNITED STATES

			April 4, 2006

			Mr. Smith (for himself

			 and Mr. Wyden) introduced the following

			 bill; which was read twice and referred to the

			 Committee on Energy and Natural

			 Resources

		A BILL

		To provide for the modification of an amendatory

		  repayment contract between the Secretary of the Interior and the North Unit

		  Irrigation District, and for other purposes.

		1.Short

			 titleThis Act may be cited as

			 the North Unit Irrigation District Act

			 of 2006.

		2.North Unit

			 Irrigation DistrictThe Act of

			 August 10, 1954 (68 Stat. 679, chapter 663), is amended—

			(1)in the first

			 section—

				(A)by inserting

			 (referred to in this Act as the District) after

			 irrigation district; and

				(B)by inserting

			 (referred to in this Act as the Contract) after

			 1953; and

				(2)by adding at the

			 end the following:

					3.Additional

				termsOn approval of the

				District directors and notwithstanding project authorizing legislation to the

				contrary, the Contract is modified, without further action by the Secretary of

				the Interior, to include the following modifications:

						(1)In Article 8(a)

				of the Contract, by deleting a maximum of 50,000 and inserting

				approximately 59,000 after irrigation service

				to.

						(2)In Article 11(a)

				of the Contract, by deleting The classified irrigable lands within the

				project comprise 49,817.75 irrigable acres, of which 35,773.75 acres are in

				Class A and 14,044.40 in Class B. These lands and the standards upon which the

				classification was made are described in the document entitled Land

				Classification, North Unit, Deschutes Project, 1953 which is on file in

				the office of the Regional Director, Bureau of Reclamation, Boise, Idaho, and

				in the office of the District and inserting The classified

				irrigable land within the project comprises 58,902.8 irrigable acres, all of

				which are authorized to receive irrigation water pursuant to water rights

				issued by the State of Oregon and have in the past received water pursuant to

				such State water rights..

						(3)In Article 11(c)

				of the Contract, by deleting , with the approval of the

				Secretary, after District may, by deleting the

				49,817.75 acre maximum limit on the irrigable area is not exceeded and

				inserting irrigation service is provided to no more than approximately

				59,000 acres and no amendment to the District boundary is required

				after time so long as.

						(4)In Article 11(d)

				of the Contract, by inserting , and may further be used for instream

				purposes, including fish or wildlife purposes, to the extent that such use is

				required by Oregon State law in order for the District to engage in, or take

				advantage of, conserved water projects as authorized by Oregon State

				law after herein provided.

						(5)By adding at the

				end of Article 12(d) the following: (e) Notwithstanding the above

				subsections of this Article or Article 13 below, beginning with the irrigation

				season immediately following the date of enactment of the North Unit Irrigation

				District Act of 2006, the annual installment for each year, for the District,

				under the Contract, on account of the District’s construction charge

				obligation, shall be a fixed and equal annual amount payable on June 30 the

				year following the year for which it is applicable, such that the District’s

				total construction charge obligation shall be completely paid by June 30,

				2044..

						(6)In Article 14(a)

				of the Contract, by inserting and for instream purposes, including fish

				or wildlife purposes, to the extent that such use is required by Oregon State

				law in order for the District to engage in, or take advantage of, conserved

				water projects as authorized by Oregon State law, after and

				incidental stock and domestic uses, by inserting and for

				instream purposes as described above, after irrigation, stock

				and domestic uses, and by inserting , including natural flow

				rights out of the Crooked River held by the District after

				irrigation system.

						(7)In Article 29(a)

				of the Contract, by inserting and for instream purposes, including fish

				or wildlife purposes, to the extent that such use is required by Oregon State

				law in order for the District to engage in, or take advantage of, conserved

				water projects as authorized by Oregon State law after provided

				in article 11.

						(8)In Article 34 of

				the Contract, by deleting The District, after the election and upon the

				execution of this contract, shall promptly secure final decree of the proper

				State court approving and confirming this contract and decreeing and adjudging

				it to be a lawful, valid, and binding general obligation of the District. The

				District shall furnish to the United States certified copies of such decrees

				and of all pertinent supporting records. after for that

				purpose..

						4.Future authority

				to renegotiateThe Secretary

				of the Interior (acting through the Commissioner of Reclamation) may in the

				future renegotiate with the District such terms of the Contract as the District

				directors determine to be necessary, only upon the written request of the

				District directors and the consent of the Commissioner of

				Reclamation.

					.


		II
		111th CONGRESS
		1st Session
		S. 1008
		IN THE SENATE OF THE UNITED STATES

			May 7, 2009
			Mrs. Shaheen (for
			 herself and Mr. Gregg) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, United States Code, to limit
		  recoupments of separation pay, special separation benefits, and voluntary
		  separation incentive from members of the Armed Forces subsequently receiving
		  retired or retainer pay.

		1.Short
			 titleThis Act may be cited as
			 the Military Retired Pay Fairness Act
			 of 2009.
		2.Limitations on
			 recoupment of separation pay, special separation benefits, and voluntary
			 separation incentive from members subsequently receiving retired or retainer
			 pay
			(a)Separation pay
			 and special separation benefitsSection 1174(h)(1) of title 10, United
			 States Code, is amended—
				(1)by inserting
			 (A) after (1);
				(2)in subparagraph
			 (A), as so designated, by striking so much of such pay as is based on
			 the service for which he received separation pay under this section or
			 separation pay, severance pay, or readjustment pay under any other provision of
			 law and inserting an amount, in such schedule of monthly
			 installments as the Secretary of Defense shall specify taking into account the
			 financial ability of the member to pay and avoiding the imposition of undue
			 financial hardship on the member and member’s dependents,; and
				(3)by adding at the
			 end the following new subparagraphs:

						(B)The amount deducted under subparagraph (A)
				from a payment of retired or retainer pay may not exceed 25 percent of the
				amount of the member’s retired or retainer pay for that month unless the member
				requests or consents to deductions at an accelerated rate. The Secretary
				concerned shall consult with the member regarding the repayment rate to be
				imposed, taking into account the financial ability of the member to pay and
				avoiding the imposition of an undue hardship on the member and the member’s
				dependents.
						(C)The deduction of amounts from the
				retired or retainer pay of a member under this paragraph may not commence until
				the date that is 90 days after the date on which the Secretary concerned
				notifies the member of the deduction of such amounts under this paragraph. Any
				notice under this subparagraph shall be designed to provide clear and
				comprehensive information on the deduction of amounts under this paragraph,
				including information on the determination of the amount and period of
				installments under this paragraph.
						(D)The Secretary concerned may waive the
				deduction of amounts from the retired or retainer pay of a member under this
				paragraph if the Secretary determines that deduction of such amounts would
				result in a financial hardship for the
				member.
						.
				(b)Voluntary
			 separation incentiveSection 1175(e)(3) of such title is
			 amended—
				(1)in subparagraph (A), by striking so
			 much of such pay as is based on the service for which he received the voluntary
			 separation incentive and inserting an amount, in such schedule
			 of monthly installments as the Secretary of Defense shall specify taking into
			 account the financial ability of the member to pay and avoiding the imposition
			 of undue financial hardship on the member and member’s
			 dependents,;
				(2)by redesignating
			 subparagraph (B) as subparagraph (C);
				(3)by inserting after
			 subparagraph (A) the following new subparagraph:

						(B)The amount deducted under subparagraph (A)
				from a payment of retired or retainer pay may not exceed 25 percent of the
				amount of the member’s retired or retainer pay for that month unless the member
				requests or consents to deductions at an accelerated rate. The Secretary
				concerned shall consult with the member regarding the repayment rate to be
				imposed, taking into account the financial ability of the member to pay and
				avoiding the imposition of an undue hardship on the member and the member’s
				dependents.
						;
				and
				(4)by adding at the
			 end the following new subparagraphs:

						(D)The deduction of amounts from the
				retired or retainer pay of a member under this paragraph may not commence until
				the date that is 90 days after the date on which the Secretary concerned
				notifies the member of the deduction of such amounts under this paragraph. Any
				notice under this subparagraph shall be designed to provide clear and
				comprehensive information on the deduction of amounts under this paragraph,
				including information on the determination of the amount and period of
				installments under this paragraph.
						(E)The Secretary concerned may waive the
				deduction of amounts from the retired or retainer pay of a member under this
				paragraph if the Secretary determines that deduction of such amounts would
				result in a financial hardship for the
				member.
						.
				(c)Effective
			 dateThe amendments made by
			 this section shall take effect on the first day of the first month beginning on
			 or after the date of the enactment of this Act and apply to deductions made
			 from the retired or retainer pay of members of the uniformed services for that
			 month and subsequent months.


117 HR 3579 IH: To designate the facility of the United States Postal Service located at 200 East Main Street in Maroa, Illinois, as the “Jeremy L. Ridlen Post Office”.
U.S. House of Representatives
2021-05-28
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.

I117th CONGRESS1st SessionH. R. 3579IN THE HOUSE OF REPRESENTATIVESMay 28, 2021Mr. Rodney Davis of Illinois (for himself, Mrs. Bustos, Mr. Bost, Mr. Krishnamoorthi, Mr. Kinzinger, Mr. Rush, Mr. Casten, Ms. Newman, Ms. Underwood, Mr. Foster, Mrs. Miller of Illinois, Mr. LaHood, Mr. García of Illinois, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo designate the facility of the United States Postal Service located at 200 East Main Street in Maroa, Illinois, as the Jeremy L. Ridlen Post Office.1.Jeremy L. Ridlen Post Office(a)DesignationThe facility of the United States Postal Service located at 200 East Main Street in Maroa, Illinois, shall be known and designated as the Jeremy L. Ridlen Post Office.(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Jeremy L. Ridlen Post Office.


		I
		111th CONGRESS
		1st Session
		H. R. 49
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Mr. Young of Alaska
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committees on
			 Energy and Commerce and
			 Science and Technology,
			 for a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To direct the Secretary of the Interior to establish and
		  implement a competitive oil and gas leasing program that will result in an
		  environmentally sound program for the exploration, development, and production
		  of the oil and gas resources of the Coastal Plain of Alaska, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 American Energy Independence and Price
			 Reduction Act.
		2.DefinitionsIn this Act:
			(1)Coastal
			 PlainThe term Coastal Plain means that area
			 described in appendix I to part 37 of title 50, Code of Federal
			 Regulations.
			(2)SecretaryThe
			 term Secretary, except as otherwise provided, means the
			 Secretary of the Interior or the Secretary’s designee.
			3.Leasing program
			 for lands within the Coastal Plain
			(a)In
			 generalThe Secretary shall take such actions as are
			 necessary—
				(1)to
			 establish and implement, in accordance with this Act and acting through the
			 Director of the Bureau of Land Management in consultation with the Director of
			 the United States Fish and Wildlife Service, a competitive oil and gas leasing
			 program that will result in an environmentally sound program for the
			 exploration, development, and production of the oil and gas resources of the
			 Coastal Plain; and
				(2)to administer the
			 provisions of this Act through regulations, lease terms, conditions,
			 restrictions, prohibitions, stipulations, and other provisions that ensure the
			 oil and gas exploration, development, and production activities on the Coastal
			 Plain will result in no significant adverse effect on fish and wildlife, their
			 habitat, subsistence resources, and the environment, including, in furtherance
			 of this goal, by requiring the application of the best commercially available
			 technology for oil and gas exploration, development, and production to all
			 exploration, development, and production operations under this Act in a manner
			 that ensures the receipt of fair market value by the public for the mineral
			 resources to be leased.
				(b)Repeal
				(1)RepealSection
			 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C.
			 3143) is repealed.
				(2)Conforming
			 amendmentThe table of contents in section 1 of such Act is
			 amended by striking the item relating to section 1003.
				(c)Compliance with
			 requirements under certain other laws
				(1)CompatibilityFor
			 purposes of the National Wildlife Refuge System Administration Act of 1966 (16
			 U.S.C. 668dd et seq.), the oil and gas leasing program and activities
			 authorized by this section in the Coastal Plain are deemed to be compatible
			 with the purposes for which the Arctic National Wildlife Refuge was
			 established, and no further findings or decisions are required to implement
			 this determination.
				(2)Adequacy of the
			 Department of the Interior’s legislative environmental impact
			 statementThe Final Legislative Environmental Impact
			 Statement (April 1987) on the Coastal Plain prepared pursuant to
			 section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16
			 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of
			 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the
			 National Environmental Policy Act of 1969 that apply with respect to prelease
			 activities, including actions authorized to be taken by the Secretary to
			 develop and promulgate the regulations for the establishment of a leasing
			 program authorized by this Act before the conduct of the first lease
			 sale.
				(3)Compliance with
			 NEPA for other actionsBefore conducting the first lease sale
			 under this Act, the Secretary shall prepare an environmental impact statement
			 under the National Environmental Policy Act of 1969 with respect to the actions
			 authorized by this Act that are not referred to in paragraph (2).
			 Notwithstanding any other law, the Secretary is not required to identify
			 nonleasing alternative courses of action or to analyze the environmental
			 effects of such courses of action. The Secretary shall only identify a
			 preferred action for such leasing and a single leasing alternative, and analyze
			 the environmental effects and potential mitigation measures for those two
			 alternatives. The identification of the preferred action and related analysis
			 for the first lease sale under this Act shall be completed within 18 months
			 after the date of enactment of this Act. The Secretary shall only consider
			 public comments that specifically address the Secretary’s preferred action and
			 that are filed within 20 days after publication of an environmental analysis.
			 Notwithstanding any other law, compliance with this paragraph is deemed to
			 satisfy all requirements for the analysis and consideration of the
			 environmental effects of proposed leasing under this Act.
				(d)Relationship to
			 State and local authorityNothing in this Act shall be considered
			 to expand or limit State and local regulatory authority.
			(e)Special
			 areas
				(1)In
			 generalThe Secretary, after consultation with the State of
			 Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to
			 a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary
			 determines that the Special Area is of such unique character and interest so as
			 to require special management and regulatory protection. The Secretary shall
			 designate as such a Special Area the Sadlerochit Spring area, comprising
			 approximately 4,000 acres.
				(2)ManagementEach
			 such Special Area shall be managed so as to protect and preserve the area’s
			 unique and diverse character including its fish, wildlife, and subsistence
			 resource values.
				(3)Exclusion from
			 leasing or surface occupancyThe Secretary may exclude any
			 Special Area from leasing. If the Secretary leases a Special Area, or any part
			 thereof, for purposes of oil and gas exploration, development, production, and
			 related activities, there shall be no surface occupancy of the lands comprising
			 the Special Area.
				(4)Directional
			 drillingNotwithstanding the other provisions of this subsection,
			 the Secretary may lease all or a portion of a Special Area under terms that
			 permit the use of horizontal drilling technology from sites on leases located
			 outside the Special Area.
				(f)Limitation on
			 closed areasThe Secretary’s sole authority to close lands within
			 the Coastal Plain to oil and gas leasing and to exploration, development, and
			 production is that set forth in this Act.
			(g)Regulations
				(1)In
			 generalThe Secretary shall prescribe such regulations as may be
			 necessary to carry out this Act, including rules and regulations relating to
			 protection of the fish and wildlife, their habitat, subsistence resources, and
			 environment of the Coastal Plain, by no later than 15 months after the date of
			 enactment of this Act.
				(2)Revision of
			 regulationsThe Secretary shall periodically review and, if
			 appropriate, revise the rules and regulations issued under subsection (a) to
			 reflect any significant biological, environmental, or engineering data that
			 come to the Secretary’s attention.
				4.Lease
			 sales
			(a)In
			 generalLands may be leased pursuant to this Act to any person
			 qualified to obtain a lease for deposits of oil and gas under the Mineral
			 Leasing Act (30 U.S.C. 181 et seq.).
			(b)ProceduresThe
			 Secretary shall, by regulation, establish procedures for—
				(1)receipt and
			 consideration of sealed nominations for any area in the Coastal Plain for
			 inclusion in, or exclusion (as provided in subsection (c)) from, a lease
			 sale;
				(2)the holding of
			 lease sales after such nomination process; and
				(3)public notice of
			 and comment on designation of areas to be included in, or excluded from, a
			 lease sale.
				(c)Lease sale
			 bidsBidding for leases under this Act shall be by sealed
			 competitive cash bonus bids.
			(d)Acreage minimum
			 in first saleIn the first lease sale under this Act, the
			 Secretary shall offer for lease those tracts the Secretary considers to have
			 the greatest potential for the discovery of hydrocarbons, taking into
			 consideration nominations received pursuant to subsection (b)(1), but in no
			 case less than 200,000 acres.
			(e)Timing of lease
			 salesThe Secretary shall—
				(1)conduct the first
			 lease sale under this Act within 22 months after the date of the enactment of
			 this Act;
				(2)evaluate the bids in such sale and issue
			 leases resulting from such sale, within 90 days after the date of the
			 completion of such sale; and
				(3)conduct additional
			 sales so long as sufficient interest in development exists to warrant, in the
			 Secretary’s judgment, the conduct of such sales.
				5.Grant of leases
			 by the Secretary
			(a)In
			 generalThe Secretary may grant to the highest responsible
			 qualified bidder in a lease sale conducted pursuant to section 4 any lands to
			 be leased on the Coastal Plain upon payment by the lessee of such bonus as may
			 be accepted by the Secretary.
			(b)Subsequent
			 transfersNo lease issued under this Act may be sold, exchanged,
			 assigned, sublet, or otherwise transferred except with the approval of the
			 Secretary. Prior to any such approval the Secretary shall consult with, and
			 give due consideration to the views of, the Attorney General.
			6.Lease terms and
			 conditions
			(a)In
			 generalAn oil or gas lease issued pursuant to this Act
			 shall—
				(1)provide for the
			 payment of a royalty of not less than 12½ percent in amount or value of the
			 production removed or sold from the lease, as determined by the Secretary under
			 the regulations applicable to other Federal oil and gas leases;
				(2)provide that the
			 Secretary may close, on a seasonal basis, portions of the Coastal Plain to
			 exploratory drilling activities as necessary to protect caribou calving areas
			 and other species of fish and wildlife;
				(3)require that the
			 lessee of lands within the Coastal Plain shall be fully responsible and liable
			 for the reclamation of lands within the Coastal Plain and any other Federal
			 lands that are adversely affected in connection with exploration, development,
			 production, or transportation activities conducted under the lease and within
			 the Coastal Plain by the lessee or by any of the subcontractors or agents of
			 the lessee;
				(4)provide that the
			 lessee may not delegate or convey, by contract or otherwise, the reclamation
			 responsibility and liability to another person without the express written
			 approval of the Secretary;
				(5)provide that the
			 standard of reclamation for lands required to be reclaimed under this Act shall
			 be, as nearly as practicable, a condition capable of supporting the uses which
			 the lands were capable of supporting prior to any exploration, development, or
			 production activities, or upon application by the lessee, to a higher or better
			 use as approved by the Secretary;
				(6)contain terms and
			 conditions relating to protection of fish and wildlife, their habitat,
			 subsistence resources, and the environment as required pursuant to section
			 3(a)(2);
				(7)provide that the
			 lessee, its agents, and its contractors use best efforts to provide a fair
			 share, as determined by the level of obligation previously agreed to in the
			 1974 agreement implementing section 29 of the Federal Agreement and Grant of
			 Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and
			 contracting for Alaska Natives and Alaska Native Corporations from throughout
			 the State;
				(8)prohibit the
			 export of oil produced under the lease; and
				(9)contain such other
			 provisions as the Secretary determines necessary to ensure compliance with the
			 provisions of this Act and the regulations issued under this Act.
				(b)Project labor
			 agreementsThe Secretary, as a term and condition of each lease
			 under this Act and in recognizing the Government’s proprietary interest in
			 labor stability and in the ability of construction labor and management to meet
			 the particular needs and conditions of projects to be developed under the
			 leases issued pursuant to this Act and the special concerns of the parties to
			 such leases, shall require that the lessee and its agents and contractors
			 negotiate to obtain a project labor agreement for the employment of laborers
			 and mechanics on production, maintenance, and construction under the
			 lease.
			7.Coastal plain
			 environmental protection
			(a)No significant
			 adverse effect standard To govern authorized Coastal Plain
			 activitiesThe Secretary shall, consistent with the requirements
			 of section 3, administer the provisions of this Act through regulations, lease
			 terms, conditions, restrictions, prohibitions, stipulations, and other
			 provisions that—
				(1)ensure the oil and
			 gas exploration, development, and production activities on the Coastal Plain
			 will result in no significant adverse effect on fish and wildlife, their
			 habitat, and the environment;
				(2)require the
			 application of the best commercially available technology for oil and gas
			 exploration, development, and production on all new exploration, development,
			 and production operations; and
				(3)ensure that the
			 maximum amount of surface acreage covered by production and support facilities,
			 including airstrips and any areas covered by gravel berms or piers for support
			 of pipelines, does not exceed 2,000 acres on the Coastal Plain.
				(b)Site-specific
			 assessment and mitigationThe Secretary shall also require, with
			 respect to any proposed drilling and related activities, that—
				(1)a
			 site-specific analysis be made of the probable effects, if any, that the
			 drilling or related activities will have on fish and wildlife, their habitat,
			 subsistence resources, and the environment;
				(2)a
			 plan be implemented to avoid, minimize, and mitigate (in that order and to the
			 extent practicable) any significant adverse effect identified under paragraph
			 (1); and
				(3)the development of
			 the plan shall occur after consultation with the agency or agencies having
			 jurisdiction over matters mitigated by the plan.
				(c)Regulations To
			 protect coastal plain fish and wildlife resources, subsistence users, and the
			 environmentBefore implementing the leasing program authorized by
			 this Act, the Secretary shall prepare and promulgate regulations, lease terms,
			 conditions, restrictions, prohibitions, stipulations, and other measures
			 designed to ensure that the activities undertaken on the Coastal Plain under
			 this Act are conducted in a manner consistent with the purposes and
			 environmental requirements of this Act.
			(d)Compliance with
			 Federal and State environmental laws and other requirementsThe
			 proposed regulations, lease terms, conditions, restrictions, prohibitions, and
			 stipulations for the leasing program under this Act shall require compliance
			 with all applicable provisions of Federal and State environmental law, and
			 shall also require the following:
				(1)Standards at least
			 as effective as the safety and environmental mitigation measures set forth in
			 items 1 through 29 at pages 167 through 169 of the Final Legislative
			 Environmental Impact Statement (April 1987) on the Coastal
			 Plain.
				(2)Seasonal
			 limitations on exploration, development, and related activities, where
			 necessary, to avoid significant adverse effects during periods of concentrated
			 fish and wildlife breeding, denning, nesting, spawning, and migration.
				(3)That exploration
			 activities, except for surface geological studies, be limited to the period
			 between approximately November 1 and May 1 each year and that exploration
			 activities shall be supported, if necessary, by ice roads, winter trails with
			 adequate snow cover, ice pads, ice airstrips, and air transport methods, except
			 that such exploration activities may occur at other times if the Secretary
			 finds that such exploration will have no significant adverse effect on the fish
			 and wildlife, their habitat, and the environment of the Coastal Plain.
				(4)Design safety and
			 construction standards for all pipelines and any access and service roads,
			 that—
					(A)minimize, to the
			 maximum extent possible, adverse effects upon the passage of migratory species
			 such as caribou; and
					(B)minimize adverse
			 effects upon the flow of surface water by requiring the use of culverts,
			 bridges, and other structural devices.
					(5)Prohibitions on
			 general public access and use on all pipeline access and service roads.
				(6)Stringent
			 reclamation and rehabilitation requirements, consistent with the standards set
			 forth in this Act, requiring the removal from the Coastal Plain of all oil and
			 gas development and production facilities, structures, and equipment upon
			 completion of oil and gas production operations, except that the Secretary may
			 exempt from the requirements of this paragraph those facilities, structures, or
			 equipment that the Secretary determines would assist in the management of the
			 Arctic National Wildlife Refuge and that are donated to the United States for
			 that purpose.
				(7)Appropriate
			 prohibitions or restrictions on access by all modes of transportation.
				(8)Appropriate
			 prohibitions or restrictions on sand and gravel extraction.
				(9)Consolidation of
			 facility siting.
				(10)Appropriate
			 prohibitions or restrictions on use of explosives.
				(11)Avoidance, to the
			 extent practicable, of springs, streams, and river system; the protection of
			 natural surface drainage patterns, wetlands, and riparian habitats; and the
			 regulation of methods or techniques for developing or transporting adequate
			 supplies of water for exploratory drilling.
				(12)Avoidance or
			 minimization of air traffic-related disturbance to fish and wildlife.
				(13)Treatment and
			 disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids,
			 drilling muds and cuttings, and domestic wastewater, including an annual waste
			 management report, a hazardous materials tracking system, and a prohibition on
			 chlorinated solvents, in accordance with applicable Federal and State
			 environmental law.
				(14)Fuel storage and
			 oil spill contingency planning.
				(15)Research,
			 monitoring, and reporting requirements.
				(16)Field crew
			 environmental briefings.
				(17)Avoidance of
			 significant adverse effects upon subsistence hunting, fishing, and trapping by
			 subsistence users.
				(18)Compliance with
			 applicable air and water quality standards.
				(19)Appropriate
			 seasonal and safety zone designations around well sites, within which
			 subsistence hunting and trapping shall be limited.
				(20)Reasonable
			 stipulations for protection of cultural and archeological resources.
				(21)All other
			 protective environmental stipulations, restrictions, terms, and conditions
			 deemed necessary by the Secretary.
				(e)ConsiderationsIn
			 preparing and promulgating regulations, lease terms, conditions, restrictions,
			 prohibitions, and stipulations under this section, the Secretary shall consider
			 the following:
				(1)The stipulations
			 and conditions that govern the National Petroleum Reserve-Alaska leasing
			 program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska
			 Final Integrated Activity Plan/Environmental Impact Statement.
				(2)The environmental
			 protection standards that governed the initial Coastal Plain seismic
			 exploration program under parts 37.31 to 37.33 of title 50, Code of Federal
			 Regulations.
				(3)The land use
			 stipulations for exploratory drilling on the KIC–ASRC private lands that are
			 set forth in Appendix 2 of the August 9, 1983, agreement between Arctic Slope
			 Regional Corporation and the United States.
				(f)Facility
			 consolidation planning
				(1)In
			 generalThe Secretary shall, after providing for public notice
			 and comment, prepare and update periodically a plan to govern, guide, and
			 direct the siting and construction of facilities for the exploration,
			 development, production, and transportation of Coastal Plain oil and gas
			 resources.
				(2)ObjectivesThe
			 plan shall have the following objectives:
					(A)Avoiding
			 unnecessary duplication of facilities and activities.
					(B)Encouraging
			 consolidation of common facilities and activities.
					(C)Locating or
			 confining facilities and activities to areas that will minimize impact on fish
			 and wildlife, their habitat, and the environment.
					(D)Utilizing existing
			 facilities wherever practicable.
					(E)Enhancing
			 compatibility between wildlife values and development activities.
					(g)Access to public
			 landsThe Secretary shall—
				(1)manage public
			 lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of
			 the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121);
			 and
				(2)ensure that local
			 residents shall have reasonable access to public lands in the Coastal Plain for
			 traditional uses.
				8.Expedited
			 judicial review
			(a)Filing of
			 complaint
				(1)DeadlineSubject
			 to paragraph (2), any complaint seeking judicial review of any provision of
			 this Act or any action of the Secretary under this Act shall be filed—
					(A)except as provided
			 in subparagraph (B), within the 90-day period beginning on the date of the
			 action being challenged; or
					(B)in the case of a
			 complaint based solely on grounds arising after such period, within 90 days
			 after the complainant knew or reasonably should have known of the grounds for
			 the complaint.
					(2)VenueAny
			 complaint seeking judicial review of any provision of this Act or any action of
			 the Secretary under this Act may be filed only in the United States Court of
			 Appeals for the District of Columbia.
				(3)Limitation on
			 scope of certain reviewJudicial review of a Secretarial decision
			 to conduct a lease sale under this Act, including the environmental analysis
			 thereof, shall be limited to whether the Secretary has complied with the terms
			 of this Act and shall be based upon the administrative record of that decision.
			 The Secretary’s identification of a preferred course of action to enable
			 leasing to proceed and the Secretary’s analysis of environmental effects under
			 this Act shall be presumed to be correct unless shown otherwise by clear and
			 convincing evidence to the contrary.
				(b)Limitation on
			 other reviewActions of the Secretary with respect to which
			 review could have been obtained under this section shall not be subject to
			 judicial review in any civil or criminal proceeding for enforcement.
			9.Federal and State
			 distribution of revenues
			(a)In
			 generalNotwithstanding any other provision of law, of the amount
			 of adjusted bonus, rental, and royalty revenues from Federal oil and gas
			 leasing and operations authorized under this Act—
				(1)50 percent shall
			 be paid to the State of Alaska; and
				(2)except as provided in section 12(d), the
			 balance shall be transferred to the ANWR Alternative Energy Trust Fund
			 established by this Act.
				(b)Payments to
			 AlaskaPayments to the State of Alaska under this section shall
			 be made semiannually.
			10.Rights-of-way
			 across the Coastal Plain
			(a)In
			 generalThe Secretary shall issue rights-of-way and easements
			 across the Coastal Plain for the transportation of oil and gas—
				(1)except as provided
			 in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185),
			 without regard to title XI of the Alaska National Interest Lands Conservation
			 Act (30 U.S.C. 3161 et seq.); and
				(2)under title XI of
			 the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.),
			 for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and
			 3171).
				(b)Terms and
			 conditionsThe Secretary shall include in any right-of-way or
			 easement issued under subsection (a) such terms and conditions as may be
			 necessary to ensure that transportation of oil and gas does not result in a
			 significant adverse effect on the fish and wildlife, subsistence resources,
			 their habitat, and the environment of the Coastal Plain, including requirements
			 that facilities be sited or designed so as to avoid unnecessary duplication of
			 roads and pipelines.
			(c)RegulationsThe
			 Secretary shall include in regulations under section 3(g) provisions granting
			 rights-of-way and easements described in subsection (a) of this section.
			11.ConveyanceIn order to maximize Federal revenues by
			 removing clouds on title to lands and clarifying land ownership patterns within
			 the Coastal Plain, the Secretary, notwithstanding the provisions of section
			 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C.
			 3192(h)(2)), shall convey—
			(1)to
			 the Kaktovik Inupiat Corporation the surface estate of the lands described in
			 paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the
			 Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims
			 Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and
			 conditions of the Agreement between the Department of the Interior, the United
			 States Fish and Wildlife Service, the Bureau of Land Management, and the
			 Kaktovik Inupiat Corporation effective January 22, 1993; and
			(2)to the Arctic
			 Slope Regional Corporation the remaining subsurface estate to which it is
			 entitled pursuant to the August 9, 1983, agreement between the Arctic Slope
			 Regional Corporation and the United States of America.
			12.Local government
			 impact aid and community service assistance
			(a)Financial
			 assistance authorized
				(1)In
			 generalThe Secretary may use amounts available from the Coastal
			 Plain Local Government Impact Aid Assistance Fund established by subsection (d)
			 to provide timely financial assistance to entities that are eligible under
			 paragraph (2) and that are directly impacted by the exploration for or
			 production of oil and gas on the Coastal Plain under this Act.
				(2)Eligible
			 entitiesThe North Slope Borough, the City of Kaktovik, and any
			 other borough, municipal subdivision, village, or other community in the State
			 of Alaska that is directly impacted by exploration for, or the production of,
			 oil or gas on the Coastal Plain under this Act, as determined by the Secretary,
			 shall be eligible for financial assistance under this section.
				(b)Use of
			 assistanceFinancial assistance under this section may be used
			 only for—
				(1)planning for
			 mitigation of the potential effects of oil and gas exploration and development
			 on environmental, social, cultural, recreational, and subsistence
			 values;
				(2)implementing
			 mitigation plans and maintaining mitigation projects;
				(3)developing,
			 carrying out, and maintaining projects and programs that provide new or
			 expanded public facilities and services to address needs and problems
			 associated with such effects, including fire-fighting, police, water, waste
			 treatment, medivac, and medical services; and
				(4)establishment of a
			 coordination office, by the North Slope Borough, in the City of Kaktovik, which
			 shall—
					(A)coordinate with and
			 advise developers on local conditions, impact, and history of the areas
			 utilized for development; and
					(B)provide to the
			 Committee on Resources of the House of Representatives and the Committee on
			 Energy and Natural Resources of the Senate an annual report on the status of
			 coordination between developers and the communities affected by
			 development.
					(c)Application
				(1)In
			 generalAny community that is eligible for assistance under this
			 section may submit an application for such assistance to the Secretary, in such
			 form and under such procedures as the Secretary may prescribe by
			 regulation.
				(2)North Slope
			 Borough communitiesA community located in the North Slope
			 Borough may apply for assistance under this section either directly to the
			 Secretary or through the North Slope Borough.
				(3)Application
			 assistanceThe Secretary shall work closely with and assist the
			 North Slope Borough and other communities eligible for assistance under this
			 section in developing and submitting applications for assistance under this
			 section.
				(d)Establishment of
			 fund
				(1)In
			 generalThere is established in the Treasury the Coastal Plain
			 Local Government Impact Aid Assistance Fund.
				(2)UseAmounts
			 in the fund may be used only for providing financial assistance under this
			 section.
				(3)DepositsSubject
			 to paragraph (4), there shall be deposited into the fund amounts received by
			 the United States as revenues derived from rents, bonuses, and royalties from
			 Federal leases and lease sales authorized under this Act.
				(4)Limitation on
			 depositsThe total amount in the fund may not exceed
			 $11,000,000.
				(5)Investment of
			 balancesThe Secretary of the Treasury shall invest amounts in
			 the fund in interest bearing government securities.
				(e)Authorization of
			 appropriationsTo provide financial assistance under this section
			 there is authorized to be appropriated to the Secretary from the Coastal Plain
			 Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal
			 year.
			13.ANWR Alternative
			 Energy Trust Fund
			(a)Establishment of
			 trust fundThere is established in the Treasury of the United
			 States a trust fund to be known as the ANWR Alternative Energy Trust
			 Fund, consisting of such amounts as may be transferred to the ANWR
			 Alternative Energy Trust Fund as provided in section 9.
			(b)Expenditures
			 from ANWR Alternative Energy Trust Fund
				(1)In
			 generalAmounts in the ANWR Alternative Energy Trust Fund shall
			 be available without further appropriation to carry out specified provisions of
			 the Energy Policy Act of 2005 (Public Law 109–58; in this section referred to
			 as EPAct2005) and the Energy Independence and Security Act of
			 2007 (Public Law 110–140; in this section referred to as
			 EISAct2007), as follows:

								To carry out the provisions
					 of:The following percentage of annual receipts to the ANWR
					 Alternative Energy Trust Fund, but not to exceed the limit on amount
					 authorized, if any:

								EPAct2005:

								Section
					 2101.5 percent

								Section
					 2421.0 percent

								Section
					 3692.0 percent

								Section
					 4016.0 percent

								Section
					 8126.0 percent

								Section
					 93119.0 percent

								Section
					 9421.5 percent

								Section
					 9623.0 percent

								Section
					 9681.5 percent

								Section
					 1704 6.0 percent

								EISAct2007:

								Section
					 20715.0 percent

								Section
					 6071.5 percent

								Title
					 VI, Subtitle B3.0 percent

								Title
					 VI, Subtitle C1.5 percent

								Section
					 6419.0 percent

								Title
					 VII, Subtitle A15.0 percent

								Section
					 11121.5 percent

								Section
					 13046.0 percent.

				(2)Apportionment of
			 excess amountNotwithstanding
			 paragraph (1), any amounts allocated under paragraph (1) that are in excess of
			 the amounts authorized in the applicable cited section or subtitle of EPAct2005
			 and EISAct2007 shall be reallocated to the remaining sections and subtitles
			 cited in paragraph (1), up to the amounts otherwise authorized by law to carry
			 out such sections and subtitles, in proportion to the amounts authorized by law
			 to be appropriated for such other sections and subtitles.


I
112th CONGRESS
1st Session
H. R. 3728
IN THE HOUSE OF REPRESENTATIVES

December 19, 2011
Mr. Schock (for himself and Mr. Posey) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to make members of health care sharing ministries eligible to establish health savings accounts.

1.Members of health care sharing ministries eligible to establish health savings accounts
(a)In generalSection 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(i)Application to health care sharing ministriesFor purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under a high deductible health plan..
(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


116 HR 424 : Department of Homeland Security Clearance Management and Administration Act
U.S. House of Representatives
2019-01-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		116th CONGRESS1st Session
		H. R. 424
		IN THE SENATE OF THE UNITED STATES
		January 29, 2019Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACT
		To amend the Homeland Security Act of 2002 to improve the management and administration of the
			 security clearance processes throughout the Department of Homeland
			 Security, and for other purposes.

 1.Short titleThis Act may be cited as the Department of Homeland Security Clearance Management and Administration Act. 2.Security clearance management and administration (a)In generalTitle VII of the Homeland Security Act of 2002 is amended—
 (1)by inserting before section 701 (6 U.S.C. 341) the following:  AHeadquarters Activities; and(2)by adding at the end the following new subtitle:

						BSecurity Clearances
							711.Designation of national security sensitive and public trust positions
 (a)In generalThe Secretary shall require the designation of the sensitivity level of national security positions (pursuant to part 1400 of title 5, Code of Federal Regulations, or similar successor regulation) be conducted in a manner consistent with respect to all components and offices of the Department, and consistent with Federal guidelines.
 (b)ImplementationIn carrying out subsection (a), the Secretary shall require the utilization of uniform designation tools throughout the Department and provide training to appropriate staff of the Department on such utilization. Such training shall include guidance on factors for determining eligibility for access to classified information and eligibility to hold a national security position.
								712.Review of position designations
 (a)In generalNot later than July 6, 2019, and every five years thereafter, the Secretary shall review all sensitivity level designations of national security positions (pursuant to part 1400 of title 5, Code of Federal Regulations, or similar successor regulation) at the Department.
 (b)DeterminationIf during the course of a review required under subsection (a), the Secretary determines that a change in the sensitivity level of a position that affects the need for an individual to obtain access to classified information is warranted, such access shall be administratively adjusted and an appropriate level periodic reinvestigation completed, as necessary.
 (c)Congressional reportingUpon completion of each review required under subsection (a), the Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the findings of each such review, including the number of positions by classification level and by component and office of the Department in which the Secretary made a determination in accordance with subsection (b) to—
 (1)require access to classified information; (2)no longer require access to classified information; or
 (3)otherwise require a different level of access to classified information. 713.AuditsBeginning not later than 180 days after the date of the enactment of this section, the Inspector General of the Department shall conduct regular audits of compliance of the Department with part 1400 of title 5, Code of Federal Regulations, or similar successor regulation.
							714.Reporting
 (a)In generalThe Secretary shall annually through fiscal year 2024 submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the following:
 (1)The number of denials, suspensions, revocations, and appeals of the eligibility for access to classified information of an individual throughout the Department.
 (2)The date and status or disposition of each reported action under paragraph (1). (3)The identification of the sponsoring entity, whether by a component, office, or headquarters of the Department, of each action under paragraph (1), and description of the grounds for each such action.
 (4)Demographic data, including data relating to race, sex, national origin, and disability, of each individual for whom eligibility for access to classified information was denied, suspended, revoked, or appealed, and the number of years that each such individual was eligible for access to such information.
 (5)In the case of a suspension in excess of 180 days, an explanation for such duration. (b)FormEach report required under subsection (a) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary.
 715.Uniform adjudication, suspension, denial, and revocationNot later than one year after the date of the enactment of this section, the Secretary, in consultation with the Homeland Security Advisory Committee, shall develop a plan to achieve greater uniformity within the Department with respect to the adjudication of eligibility of an individual for access to classified information that are consistent with the Adjudicative Guidelines for Determining Access to Classified Information published on December 29, 2005, or similar successor regulation. The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the plan. The plan shall consider the following:
 (1)Mechanisms to foster greater compliance with the uniform Department adjudication, suspension, denial, and revocation standards by the head of each component and office of the Department with the authority to adjudicate access to classified information.
 (2)The establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations that is comprised of designees who are career, supervisory employees from components and offices of the Department with the authority to adjudicate access to classified information and headquarters, as appropriate.
 716.Data protectionThe Secretary shall ensure that all information received for the adjudication of eligibility of an individual for access to classified information is consistent with the Adjudicative Guidelines for Determining Access to Classified Information published on December 29, 2005, or similar successor regulation, and is protected against misappropriation.
 717.ReferenceExcept as otherwise provided, for purposes of this subtitle, any reference to the Department includes all components and offices of the Department.. (b)Clerical amendmentThe table of contents of the Homeland Security Act of 2002 is amended—
 (1)by inserting before the item relating to section 701 the following new item:   Subtitle A—Headquarters Activities; and(2)by inserting after the item relating to section 707 the following new items:

							Subtitle B—Security Clearances
							Sec. 711. Designation of national security sensitive and public trust positions.
							Sec. 712. Review of position designations.
							Sec. 713. Audits.
							Sec. 714. Reporting.
							Sec. 715. Uniform adjudication, suspension, denial, and revocation.
							Sec. 716. Data protection.
							Sec. 717. Reference..
				Passed the House of Representatives January 29, 2019.Karen L. Haas,Clerk.


115 HRES 649 IH: Expressing the sense of the House of Representatives with respect to Marcus Garvey.
U.S. House of Representatives
2017-12-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS1st SessionH. RES. 649IN THE HOUSE OF REPRESENTATIVESDecember 7, 2017Ms. Clarke of New York (for herself and Mr. Evans) submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONExpressing the sense of the House of Representatives with respect to Marcus Garvey.

 Whereas Marcus Mosiah Garvey, Jamaica’s first national hero, was born in St. Ann’s Bay, Jamaica, on August 17, 1887, and emigrated to the United States where he founded the Universal Negro Improvement Association;
 Whereas Marcus Garvey was the father of the largest African-American movement for human rights and economic self-sufficiency of all time, attracting millions of followers in the United States, the Caribbean, Latin America, Africa, and Europe;
 Whereas Marcus Garvey’s philosophy inspired some of the world’s great Black leaders; Whereas leading a movement for economic independence among Black Americans, Marcus Garvey became the target of surveillance and harassment by United States Government law enforcement agencies;
 Whereas Marcus Garvey was prosecuted and convicted of mail fraud, imprisoned, and later, deported to Jamaica;
 Whereas the case against Marcus Garvey was politically motivated, the charges unsubstantiated, and his conviction unjust;
 Whereas millions of petitioners have appealed for his exoneration; Whereas Marcus Garvey is recognized as a national hero in his native Jamaica, and as a towering figure in nations around the world; and
 Whereas Marcus Garvey’s life and contributions to the United States should be recognized and appropriate steps taken to restore his name and reputation in this country: Now, therefore, be it

 That it is the sense of the House of Representatives that— (1)Marcus Garvey was innocent of the charges brought against him by the United States Government;
 (2)Marcus Garvey was and should be recognized internationally as a leader and thinker in the struggle for human rights; and
 (3)the President should take appropriate measures within his power to clear Marcus Garvey’s good name.