		I
		112th CONGRESS
		2d Session
		H. R. 6484
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2012
			Mr. Garamendi (for
			 himself, Mr. George Miller of
			 California, Mr. Thompson of
			 California, Mr. McNerney,
			 and Ms. Matsui) introduced the
			 following bill; which was referred to the Committee on Natural
			 Resources

		A BILL
		To amend the Calfed Bay-Delta Authorization Act to
		  authorize the Secretary of the Interior to provide assistance to non-Federal
		  interests for levee stability improvements located within the Sacramento-San
		  Joaquin Delta related to Bureau of Reclamation Central Valley Project water
		  deliveries, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Shielding Against Flood Emergencies
			 Levee Act or SAFE Levee Act.
		2.FindingsCongress makes the following
			 findings:
			(1)For over 60 years, the Bureau of
			 Reclamation has used the channels and sloughs of the Sacramento-San Joaquin
			 Delta to facilitate the delivery of water to the Federal Central Valley Project
			 pumps located in the southern edge of the Delta.
			(2)The movement of
			 water through these waterways has created stress, degradation, and weakening of
			 the levees that are intended to protect adjacent land from flooding.
			(3)On July 25, 2012,
			 the Secretary of the Interior announced details of Federal support for a
			 proposed water project entitled the Bay Delta Conservation Plan, which calls
			 for a dual conveyance system that would transport water around the Delta using
			 an isolated conveyance facility, while also continuing to move water through
			 the Delta’s interior.
			(4)Under the Bay Delta Conservation Plan, the
			 Bureau of Reclamation will continue to rely on the Delta and its levees to
			 facilitate water deliveries to exporters until and after an isolated conveyance
			 facility is built.
			(5)Despite the Bureau of Reclamation’s vested
			 stake in the stability of these levees, the Department of the Interior has
			 failed to address levee stability in the Bay Delta Conservation Plan or through
			 any other rudimentary maintenance measures.
			(6)To ensure that
			 Central Valley Project water deliveries are not disrupted due to levee failure,
			 the Bureau of Reclamation should provide financial assistance to public levee
			 owners for maintenance and levee improvements.
			3.Sacramento-San
			 Joaquin Delta levee stability improvements related to Bureau of Reclamation
			 Central Valley Project water deliveriesSection 103 of the Calfed Bay-Delta
			 Authorization Act (title I of Public Law 108–361; 118 Stat. 1683) is
			 amended—
			(1)in subsection
			 (e)(2), by striking paragraphs (1), (2), and (4) of subsection
			 (f) and inserting paragraphs (1), (2), (4), and (5) of
			 subsection (f); and
			(2)in subsection (f),
			 by adding at the end the following new paragraph:

					(5)Delta levee
				stability maintenance and improvements related to Bureau of Reclamation Central
				Valley Project Water Deliveries
						(A)Program
				requiredThe Secretary shall
				establish a program to provide assistance to non-Federal interests for
				stability maintenance and improvement on levees within the Sacramento-San
				Joaquin Delta (as defined in Cal. Water Code §12220) that facilitate Bureau of
				Reclamation water deliveries to Central Valley Project contractors. The
				Secretary shall prioritize the projects for which assistance will be provided
				under this paragraph based on the extent to which the levees covered by the
				projects are necessary for Bureau of Reclamation water deliveries.
						(B)Form of
				assistanceAssistance
				provided under this paragraph may be in the form of financial assistance for
				water-supply reliability related levee maintenance and improvements within the
				Delta.
						(C)Limitations;
				continued liabilityThe
				Secretary may provide assistance for a levee stability maintenance and
				improvement project under this paragraph only if the levee directly facilitates
				deliveries of water for the Central Valley Project and is publically owned. The
				provision of Federal assistance shall not be construed to change liability
				associated with the levee.
						(D)Federal
				shareThe Federal share of
				the cost of a levee stability maintenance and improvement project under this
				paragraph may not exceed 50 percent of the total project costs. The assistance
				may be provided in the form of grants or reimbursements of project
				costs.
						(E)Implementation
				costsCosts associated with implementation of the program under
				this paragraph may be considered a reimbursable Federal expenditure allocable
				to Central Valley Project subunits south of the Delta that receive and benefit
				from water conveyed through the Delta. Such costs shall be repayable by water
				service contractors within those subunits.
						(F)Authorization of
				appropriationsThere is authorized to be appropriated such sums
				as may be necessary to carry out this
				paragraph.
						.
			4.Evaluation of
			 benefits and costs of conveyance alternatives being considered under the Bay
			 Delta Conservation Planning process
			(a)Benefits and
			 costs analysis and evaluationThe Secretary of the Interior shall carry
			 out an analysis and evaluation of the costs and benefits of options for
			 facilitating conveyance of water deliveries to Central Valley Project
			 contractors being considered in the Bay Delta Conservation Planning process,
			 including at least one option that does not require the construction of one or
			 more water conveyance tunnels.
			(b)Required
			 elementsThe analysis and evaluation under subsection (a) shall
			 include at a minimum the following:
				(1)The total project
			 costs, including environmental review, planning, design, construction,
			 mitigation, and all related expenses, and the methods for paying those
			 costs.
				(2)The expected
			 impacts of the project on taxpayers, water ratepayers, and the general fund of
			 the Treasury.
				(3)Whether the
			 analysis of the costs and benefits determines that the direct social and
			 environmental benefits of any proposed project or plan outweigh its social and
			 environmental costs over the analysis period.
				(c)PresentationThe
			 analysis conducted under subsection (a) shall be displayed as either the
			 quotient of benefits divided by costs representing the benefit to cost ratio,
			 the difference between benefits and costs representing the net benefits, or
			 both. The analysis shall include whether the present value of the proposed
			 project exceeds the present value of its net benefits over the life of the
			 project or plan.
			(d)SubmissionThe Secretary shall report the findings of
			 the analysis and evaluation conducted under subsection (a) to the Committee on
			 Natural Resources of the House of Representatives and the Committee on Energy
			 and Natural Resources of the Senate no later than June 30, 2013.


116 HR 3473 IH: Offshore Wind Incentives for New Development Act
U.S. House of Representatives
2019-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3473IN THE HOUSE OF REPRESENTATIVESJune 25, 2019Mr. Langevin (for himself, Mr. Tonko, and Mr. Cartwright) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind.
1.Short titleThis Act may be cited as the Offshore Wind Incentives for New Development Act or the Offshore WIND Act. 2.Energy credit for qualified offshore wind facilities (a)In generalSubsection (a) of section 48 of the Internal Revenue Code is amended—
(1)in paragraph (2)(A)(i)— (A)in subclause (III), by striking and at the end; and
(B)by adding at the end the following new subclause:  (V)qualified offshore wind property, and; and
(2)in paragraph (3)(A)— (A)in clause (vi), by striking or at the end;
(B)in clause (vii), by adding or at the end; and (C)by adding at the end the following new clause:

(viii)qualified offshore wind property, but only with respect to property the construction of which begins before January 1, 2026,. (b)Qualified offshore wind propertySubsection (c) of section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(5)Qualified offshore wind property
(A)In generalThe term qualified offshore wind property means an offshore facility using wind to produce electricity. (B)Offshore facilityThe term offshore facility means any facility located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the outer Continental Shelf of the United States.
(C)Exception for qualified small wind energy propertyThe term qualified offshore wind property shall not include any property described in paragraph (4). (D)Special ruleIn the case of any property described in subparagraph (A) which was placed in service after December 31, 2016, and for which a credit under this section was allowed by reason of subsection (a)(5) in any taxable year which ends before or includes the date of the enactment of the Offshore WIND Act, notwithstanding any election under such subsection (a)(5), such property may be treated at the election of the taxpayer as qualified offshore wind property (and not as qualified property which is part of a qualified investment credit facility) for—
(i)taxable years including or beginning after such date of enactment, and (ii)any taxable years ending before such date of enactment, including by filing an amended return.Notwithstanding section 6501, an amended return may be filed for purposes of clause (ii) for any taxable year described in such clause..
(c)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.


117 HR 2626 IH: Pullman National Historical Park Act
U.S. House of Representatives
2021-04-16
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. 2626IN THE HOUSE OF REPRESENTATIVESApril 16, 2021Ms. Kelly of Illinois (for herself, Mr. Danny K. Davis of Illinois, Mr. Quigley, Mr. Casten, Mrs. Bustos, Mr. Rush, and Ms. Newman) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo redesignate the Pullman National Monument in the State of Illinois as the Pullman National Historical Park, and for other purposes.1.Short titleThis Act may be cited as the Pullman National Historical Park Act.2.DefinitionsIn this Act:(1)Historical parkThe term historical park means the Pullman National Historical Park.(2)SecretaryThe term Secretary means the Secretary of the Interior.3.Redesignation of Pullman National Monument(a)In generalThe Pullman National Monument, established by Proclamation Number 9233, dated February 19, 2015, is redesignated as the Pullman National Historical Park..(b)Availability of fundsAny funds available for purposes of the Pullman National Monument shall be available for purposes of the historical park.(c)ReferencesAny references in a law, regulation, document, record, map, or other paper of the United States to the Pullman National Monument shall be considered to be a reference to the historical park.4.PurposesThe purposes of the historical park are to preserve, protect, and interpret Pullman’s nationally significant cultural and historical resources associated with—(1)the Nation’s labor history and creation of a national Labor Day holiday;(2)the first planned industrial community in the United States;(3)the architecture and landscape design of the planned community;(4)the pivotal role of the Pullman porter in the rise of the African-American middle class; and(5)the entirety of history, culture, and historic figures embodied in Presidential Proclamation Number 9233.5.AdministrationThe Secretary shall administer the land within the boundary of the historical park in accordance with—(1)this Act; and(2)the laws generally applicable to units of the National Park System, including—(A)section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code; and(B)chapter 3201 of title 54, United States Code.6.Cooperative agreementsTo further the purposes of this subsection and notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the State, other public and non-profit entities, and other interested parties—(1)to support collaborative interpretive and educational programs at non-Federal historic properties within the boundaries of the historical park; and(2)to identify, interpret, and provide assistance for the preservation of non-Federal land within the boundaries of the historical park and at sites in close proximity to the historical park, but located outside the boundaries of the historical park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices; and7.Use of funds The Secretary may use appropriated funds to mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of the properties. Any payment made by the Secretary under this clause shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this subsection, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of—(1)the amount provided by the Secretary to the project; or(2)an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal. Any cooperative agreement entered into under this subparagraph shall provide for reasonable public access to the resources covered by the cooperative agreement.8.Acquisition of landThe Secretary may acquire for inclusion in the historical park any land (including interests in land), buildings, or structures owned by the State, or any other political, private, or nonprofit entity by donation, transfer, exchange, or purchase from a willing seller.9.Management planNot later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary shall complete a general management plan for the historical park.


114 HR 4668 IH: Clarification of Federal Employment Protections Act
U.S. House of Representatives
2016-03-02
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
		2d Session
		H. R. 4668
		IN THE HOUSE OF REPRESENTATIVES

			March 2, 2016
			Ms. Duckworth (for herself, Mr. Cummings, Mr. Hanna, Mr. Connolly, Mr. Lynch, Ms. Norton, Mr. Nadler, and Mrs. Watson Coleman) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

		A BILL
		To affirm that Federal employees are protected from discrimination on the basis of sexual
			 orientation or gender identity and to repudiate any assertion to the
			 contrary.

 1.Short titleThis Act may be cited as the Clarification of Federal Employment Protections Act. 2.Discrimination against Federal employees on the basis of sexual orientation or gender identity prohibitedSection 2302(b)(1) of title 5, United States Code, is amended—
 (1)by striking or at the end of subparagraph (D); (2)by inserting or at the end of subparagraph (E); and
 (3)by adding at the end the following:  (F)on the basis of sexual orientation or gender identity;.


117 S892 IS: Keeping Our Manufacturers from Being Unfairly taxed while Championing Health Act
U.S. Senate
2021-03-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 892IN THE SENATE OF THE UNITED STATESMarch 23, 2021Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to ensure that kombucha is exempt from any excise taxes and regulations imposed on alcoholic beverages.1.Short titleThis Act may be cited as the Keeping Our Manufacturers from Being Unfairly taxed while Championing Health Act or KOMBUCHA.2.Tax-free production of kombucha(a)Exception from definition of brewerSubsection (d) of section 5052 of the Internal Revenue Code of 1986 is amended to read as follows:(d)Brewer(1)In generalFor purposes of this chapter, the term brewer means any person who brews beer or produces beer for sale.(2)ExceptionThe term brewer shall not include any person who—(A)produces only beer exempt from tax under subsection (e) of section 5053, or(B)produces only kombucha exempt from tax under subsection (i) of such section..(b)Exemption from taxSection 5053 of the Internal Revenue Code of 1986 is amended—(1)by redesignating subsection (i) as subsection (j), and(2)by inserting after subsection (h) the following new subsection:(i)Production of kombucha(1)In generalSubject to regulation prescribed by the Secretary, any person may, without payment of tax, produce kombucha for consumption or sale.(2)DefinitionFor purposes of this chapter, the term kombucha means a beverage which—(A)is fermented solely by a symbiotic culture of bacteria and yeast,(B)contains not more than 1.25 percent of alcohol by volume,(C)is sold or offered for sale as kombucha, and(D)is derived from—(i)sugar, malt or malt substitute, tea, or coffee, and(ii)not more than 20 percent other wholesome ingredients..(c)Effective dateThe amendments made by this section shall apply to calendar quarters beginning after the date of enactment of this Act.


116 HR 146 IH: Terrorist Deportation Act of 2019
U.S. House of Representatives
2019-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 146IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Duncan (for himself, Mr. Gosar, Mr. Norman, Mr. King of Iowa, and Mr. Meadows) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to facilitate the removal of aliens identified in the
			 terrorist screening database, and for other purposes.

 1.Short titleThis Act may be cited as the Terrorist Deportation Act of 2019. 2.Inadmissibility of aliens identified in terrorist screening databaseSection 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended—
 (1)in subclause (VIII), by striking or at the end; (2)by redesignating subclause (IX) as subclause (X); and
 (3)by inserting after subclause (VIII) the following:  (IX)is identified in the terrorist screening database (as such term is defined in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C. 621(10))), except for an alien lawfully admitted for permanent residence (as defined in section 101(a)(20)); or.
 3.Deportability of aliens identified in terrorist screening databaseSection 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by inserting before the period at the end the following , except that an alien lawfully admitted for permanent residence (as defined in section 101(a)(20)) is not deportable for being described in subparagraph (B)(i)(IX) of section 212(a)(3).
 4.Waivers of ground of inadmissibility for aliens identified in terrorist screening databaseSection 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)) is amended— (1)in each of clauses (i) and (ii) of subparagraph (A), by inserting and other than paragraph (3)(B)(i)(IX) of such subsection except as provided in subparagraph (C) after of such subsection;
 (2)in subparagraph (B)(i), by inserting or who is within the scope of subsection (a)(3)(B)(i)(IX) except as provided in subparagraph (C), after (a)(3)(B)(i)(II),; and (3)by adding at the end the following:

					(C)
 (i)Subject to clause (ii) and only on an individual case-by-case basis, if the Secretary of Homeland Security determines in the Secretary’s unreviewable discretion that it is in the national security interests of the United States, an alien—
 (I)may be granted a nonimmigrant visa and be admitted into the United States temporarily as a nonimmigrant under subparagraph (A)(i);
 (II)may be admitted into the United States temporarily as a nonimmigrant under subparagraph (A)(ii); and
 (III)shall not be subject to subsection (a)(3)(B)(i)(IX). (ii)The Secretary of Homeland Security may grant a waiver under clause (i) with respect to an alien only with the unanimous concurrence of the Attorney General, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and the Secretary of State..
			5.Unavailability of certain immigration benefits to aliens identified in terrorist screening database
 (a)AsylumSection 208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking or (VI) and inserting (VI), or (IX).
 (b)Withholding of removalSection 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the matter preceding clause (i), by inserting inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX), or after does not apply to an alien.
			(c)Cancellation of removal
 (1)Cancellation of removal for certain permanent residentsSection 240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) is amended, in the matter preceding paragraph (1), by striking inadmissible or deportable and inserting inadmissible (except an alien who is inadmissible under section 212(a)(3)(B)(i)(IX)) or deportable (except an alien who is deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX)).
 (2)Cancellation of removal for certain nonpermanent residentsSection 240A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)) is amended, in the matter preceding subparagraph (A), by striking inadmissible or deportable and inserting inadmissible (except an alien who is inadmissible under section 212(a)(3)(B)(i)(IX)) or deportable (except an alien who is deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX)).
 (d)Voluntary departureSection 240B(c) of the Immigration and Nationality Act (8 U.S.C. 1229c(c)) is amended to read as follows:

 (c)Aliens ineligibleThe Secretary of Homeland Security shall not permit an alien to depart voluntarily under this section if the alien—
 (1)was previously permitted to so depart after having been found inadmissible under section 212(a)(6)(A); or
 (2)is inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX)..
 (e)Adjustment of statusSection 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended— (1)in subsection (c), by striking item (6) and inserting (6) an alien who is inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B);; and
 (2)in subsection (m)(1), in the matter preceding subparagraph (A), by striking 212(a)(3)(E), and inserting subparagraph (B)(i)(IX) or (E) of section 212(a)(3) or section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX),.
 (f)RegistrySection 249 of the Immigration and Nationality Act (8 U.S.C. 1259) is amended— (1)by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and
 (2)by striking inadmissible under section 212(a)(3)(E) or under and inserting inadmissible under section 212(a)(3)(B)(i)(IX) or (E) or deportable from the United States under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX) or under.
 (g)Convention Against TortureNot later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall revise the regulations found at sections 208.16 through 208.18 of title 8, Code of Federal Regulations, implementing the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. The revised regulations—
 (1)shall exclude from the protection of such regulations aliens described in section 212(a)(3)(B)(i)(IX) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IX)) and make such aliens ineligible for withholding or deferral of removal under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))); and
 (2)shall ensure that the revised regulations operate so as to allow for the reopening and readjudication of determinations made under the regulations before the effective date of the revision and apply to acts and conditions constituting grounds of ineligibility for the protection of such regulations (including ineligibility for withholding or deferral of removal) as revised, regardless of when such acts or conditions occurred.
 6.Expedited removal of aliens inadmissible or deportable on security and related groundsSection 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended— (1)in the section heading, by adding at the end the following: or inadmissible or deportable on security or related grounds;
 (2)by redesignating the subsections succeeding subsection (b) as subsections (d) and (e), respectively; and
 (3)by inserting after subsection (b) the following:  (c)Removal of aliens who are not permanent residents and who are inadmissible or deportable on security or related grounds (1)In generalThe Secretary of Homeland Security, in accordance with paragraph (3)—
 (A)notwithstanding section 240, in the case of every alien described in paragraph (2), shall determine the inadmissibility of such alien under section 212(a)(3)(B)(i)(IX) or the deportability of such alien under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX) and issue an order of removal pursuant to the procedures set forth in this subsection to every such alien determined to be inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX); and
 (B)in the case of an alien described in paragraph (2) who is not issued an order under subparagraph (A), may determine the inadmissibility of such alien under section 212(a)(3)(B) (other than subparagraph (B)(i)(IX)) or the deportability of such alien under section 237(a)(4)(B) (other than as a consequence of being described in section 212(a)(3)(B)(i)(IX)) and issue an order of removal pursuant to the procedures set forth in this subsection or section 240.
 (2)Aliens describedAn alien is described in this paragraph if— (A)the alien has not been granted a waiver under section 212(d)(3)(C); and
 (B)the alien— (i)was not lawfully admitted for permanent residence at the time at which proceedings under this subsection commenced; or
 (ii)had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this subsection commenced.
 (3)Expedited proceedingsProceedings under this subsection shall be in accordance with such regulations as the Secretary of Homeland Security shall prescribe. The Secretary shall ensure that—
 (A)the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C);
 (B)the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose;
 (C)the alien has a reasonable opportunity to inspect the evidence and rebut the charges; (D)a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice;
 (E)a record is maintained for judicial review; and (F)the final order of removal is not adjudicated by the same person who issues the charges.
 (4)Judicial reviewThe Secretary of Homeland Security may not execute any order described in paragraph (1) until 14 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 242.
 (5)Ineligibility for discretionary relief from removalNo alien adjudicated inadmissible or deportable in a proceeding under this subsection shall be eligible for any relief from removal that the Secretary of Homeland Security may grant in the Secretary’s discretion..
 7.Effective date; applicabilityThis Act and the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to all aliens identified in the terrorist screening database (as such term is defined in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C. 621(10))) on or after such date.