116 S3080 IS: Strategic Arctic Naval Focus Act of 2019
U.S. Senate
2019-12-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 3080IN THE SENATE OF THE UNITED STATESDecember 18, 2019Mr. Sullivan (for himself, Mr. King, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo state the policy of the United States regarding the need for strategic placement of military
			 assets in the Arctic, and for other purposes.

 1.Short titleThis Act may be cited as the Strategic Arctic Naval Focus Act of 2019.
 2.FindingsCongress makes the following findings: (1)The strategic importance of the Arctic continues to increase as the United States and other countries recognize the military significance of the sea lanes and choke points within the region and understand the potential for power projection from the Arctic into multiple regions.
 (2)On January 19, 2018, Secretary of Defense James Mattis released the 2018 National Defense Strategy of the United States of America in which the Secretary outlined the reemergence of long-term, strategic competition by countries classified by the National Security Strategy as revisionist powers such as China and Russia.
 (3)Russia and China have conducted military exercises together in the Arctic, have agreed to connect the Northern Sea Route, claimed by Russia, with China's Maritime Silk Road, and are working together in developing natural gas resources in the Arctic.
 (4)The Government of the Russian Federation— (A)has prioritized the development of Arctic capabilities and has made significant investments in military infrastructure in the Arctic, including the creation of a new Arctic Command and the construction or refurbishment of 16 deepwater ports and 14 airfields in the region;
 (B)has approximately 40 icebreakers as of May 2019, including several nuclear-powered icebreakers, is currently constructing four icebreakers, and is planning to build an additional eight icebreakers; and
 (C)conducted the largest military exercise since the 1980s, Vostok 2018, which included— (i)300,000 troops;
 (ii)1,000 aircraft; (iii)80 ships;
 (iv)36,000 vehicles; and (v)notably, 3,200 Chinese troops, 30 Chinese rotary and fixed-wing aircraft, and 900 Chinese tanks.
 (5)The Government of the People's Republic of China— (A)released, in January 2018, its new Arctic Strategy, the Polar Silk Road, in which it declares itself as a near-Arctic state, even though its nearest territory to the Arctic is 900 miles away;
 (B)has publicly stated that it seeks to expand its Belt and Road Initiative to the Arctic region, including current investment in the natural gas fields in the Yamal Peninsula in Russia, rare-earth element mines in Greenland, and the real estate, alternative energy, and fisheries in Iceland; and
 (C)has shown great interest in expanding its Arctic presence, including through— (i)the operation of research vessels in the region;
 (ii)the recent construction of the Xuelong 2, or Snow Dragon II, the only polar research boat vessel in the world that can break ice while going forward or backward;
 (iii)a freedom of navigation operation in the Aleutian Islands in 2015; and (iv)its recent plans to develop a 33,000 ton nuclear-powered icebreaker.
 (6)The economic significance of the Arctic continues to grow as countries around the globe begin to understand the magnitude of the natural resources in the Arctic, the potential for maritime transportation through, and economic and trade development in, the region.
 (7)The Arctic is home to 13 percent of the world's undiscovered oil, 30 percent of its undiscovered gas, an abundance of uranium, rare earth minerals, gold, diamonds, and millions of square miles of untapped resources, including abundant fisheries.
 (8)The Bering Strait is experiencing significant increases in international traffic from vessels transiting the Northern Sea Route, increases which are projected to continue if decreases in sea ice coverage continue.
 (9)Along a future ice-free Arctic shipping route, a ship sailing from South Korea to Germany would have an average travel time of just 23 days, compared to 34 days via the Suez Canal and 46 days via the Cape of Good Hope.
 (10)In a speech at the Arctic Forum in September 2011, Russian Federation President Vladimir Putin highlighted the Northern Sea Route as a potential alternative to the Suez Canal and has publicly stated plans to invest $11,400,000,000 along the Northern Sea Route by 2024.
 (11)Increases in human, maritime, and resource development activity in the Arctic region create additional mission requirements for the Department of Defense and the Department of Homeland Security, given—
 (A)the strategic focus of the Government of the Russian Federation and the Government of the People's Republic of China on the Arctic;
 (B)overlapping territorial claims; and (C)the potential for maritime accidents, oil spills, and illegal fishing near the exclusive economic zone of the United States.
 (12)The increasing role of the United States in the Arctic has been highlighted in each of the last four National Defense Authorization Acts.
 (13)Section 1068 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 992) required a new Department of Defense strategy to protect United States national security interests in the Arctic region.
 (14)Section 1095 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2438) required the Department of Defense to create criteria to designate a Department of Defense Strategic Arctic Port.
 (15)Section 122 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1310) authorized the procurement of one polar-class heavy icebreaker vessel.
 (16)Section 151 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1671) authorized the procurement of five additional polar-class icebreaker vessels and expressed that the Coast Guard should—
 (A)maintain an inventory of not fewer than six polar-class icebreaker vessels; (B)award a contract for the first new polar-class icebreaker not later than fiscal year 2019 and deliver the icebreaker not later than fiscal year 2023; and
 (C)deliver the second through sixth polar-class icebreakers at a rate of one vessel per year in fiscal years 2025 through 2029.
 (17)In January 2017, the Department of Defense released a report entitled Report to Congress on Strategy to Protect United States National Security Interests in the Arctic Region to update the ways and means the Department of Defense intends to use to achieve its objectives as it implements the 2013 National Strategy for the Arctic Region, including—
 (A)enhancing the capability of United States forces to defend the homeland and exercise sovereignty; (B)strengthening deterrence at home and abroad;
 (C)preserving freedom of the seas in the Arctic; and (D)evolving the infrastructure and capabilities of the Department in the Arctic consistent with changing conditions and needs.
 (18)The United States Coast Guard Arctic Strategic Outlook released in April 2019 states that [d]emonstrating commitment to operational presence, Canada, Denmark, and Norway have made strategic investments in ice-capable patrol ships charged with national or homeland security missions. [The United States] is the only Arctic State that has not made similar investments in ice-capable surface maritime security assets. This limits the ability of the Coast Guard, and the Nation, to credibly uphold sovereignty or respond to contingencies in the Arctic.
 (19)On July 16, 2019, Secretary of Defense Mark Esper stated that [t]he Arctic is strategic terrain for the United States. The region has significant economic opportunity, and must remain free and open. It is also growing more complicated as strategic competitors—Russia and, increasingly, China—seek to enhance their position in the region. It is critical that the Arctic remain a secure and stable region where U.S. national interests are safeguarded, the U.S. homeland is defended, and nations work together to address challenges.
 (20)On January 9, 2019, Secretary of the Air Force Heather Wilson and Chief of Staff of the Air Force General David Goldfein wrote that … the Arctic has become even more important to the nation. Both a northern approach to the United States, as well as a critical location for projecting American power, its geo-strategic significance is difficult to overstate.
 (21)On February 26, 2019, General John Hyten, Commander of the United States Strategic Command, stated that [i]n particular, the Arctic is an area that we really need to focus on and really look at investing. That is no longer a buffer zone. We need to be able to operate there. We need to be able to communicate there. We need to have a presence there that we have not invested in in the same way that our adversaries have. And they see that as a vulnerability from us, whereas it is becoming a strength for them and it is a weakness for us, we need to flip that equation.
 (22)On February 26, 2019, General Terrence O'Shaughnessy, Commander of the United States Northern Command stated that [i]t has become clear that defense of the homeland depends on our ability to detect and defeat threats operating both in the Arctic and passing through the Arctic. Russia's fielding of advanced, long-range cruise missiles capable of flying through the northern approaches and striking targets in the United States and Canada has emerged as the dominant military threat in the Arctic… . Meanwhile, China has declared that it is not content to remain a mere observer in the Arctic and has taken action to normalize its naval and commercial presence in the region in order to increase its access to lucrative resources and shipping routes. I view the Arctic as the front line in the defense of the United States and Canada ….
 (23)On May 6, 2019, Admiral Karl Schultz, Commandant of the Coast Guard stated that [w]e talk about the Arctic as a competitive space. We've seen China, we see Russia investing extensively. China built icebreakers in the time since we updated our strategy. China's been operating off the Alaskan Arctic for a good part of the last six years on an annual basis. [The Coast Guard is] championing increased capabilities in the Arctic … better communications, better domain awareness … I want to see the Arctic remain a peaceful domain. China's a self-declared Arctic state. They're not one of the eight Arctic nations, so for me, for the service, its presence equals influence.
 (24)On May 6, 2019, Secretary of State Mike Pompeo stated that— (A)the Arctic has become an arena for power and for competition, and the United States is entering a new age of strategic engagement in the Arctic, complete with new threats to the Arctic and its real estate, and to all of our interests in that region;
 (B)Arctic sea lanes could become the 21st century Suez and Panama Canals; (C)[w]e're concerned about Russia's claim over the international waters of the Northern Sea Route, including its newly announced plans to connect it with China's Maritime Silk Road;
 (D)[i]n the Northern Sea Route, Moscow already illegally demands other nations request permission to pass, requires Russian maritime pilots to be aboard foreign ships, and threatens to use military force to sink any that fail to comply with their demands;
 (E)there is a pattern of aggressive Russian behavior here in the Arctic and we know Russian territorial ambitions can turn violent; and (F)we do not want the Arctic Ocean to transform into a new South China Sea, fraught with militarization and competing territorial claims, nor do we want the fragile Arctic environment exposed to the same ecological devastation caused by China's fishing fleet in the seas off its coast, or unregulated industrial activity in its own country.
 (25)On December 6, 2018, Secretary of the Navy Richard Spencer stated that [w]e need to have a strategic Arctic port up in Alaska. We need to be doing FONOPs in the northwest—in the northern passage … peace through presence with a submarine is a little tough.
 (26)Meanwhile, the two closest strategic seaports, as designated by the Department of Defense, to the Arctic Circle are the Port of Anchorage and the Port of Tacoma, located approximately 1,500 nautical miles and 2,400 nautical miles away, respectively, and approximately 1,900 nautical miles and 2,800 nautical miles respectively from Barrow, Alaska.
 (27)The distance from Bangor, Maine, to Key West, Florida, is approximately 1,450 nautical miles. 3.Statement of policyIt is the policy of the United States—
 (1)to prioritize Navy and Coast Guard missions, infrastructure and capability development, training, and stationing of assets to meet the growing array of challenges in the Arctic due to the region’s strategic importance to the national security interests of the United States;
 (2)that the increasing freedom of navigation and expansion of activity in the Arctic must be met with increasing deployment of Navy and Coast Guard surface vessels capable of exerting influence through persistent presence in the Arctic;
 (3)that, while the recapitalization of the Coast Guard’s fleet of cutters and aircraft is needed and important, the Coast Guard must avoid overextending operational assets for remote international missions at the cost of dedicated focus on this domestic area of responsibility with significant international interest and activity; and
 (4)that, although some progress has been made to increase awareness of Arctic issues and to promote increased military presence in the region, additional measures shall be taken to protect vital economic, environmental, and national security interests of the United States, and to show the commitment of the United States to this emerging strategic choke point of increasing great power competition, including the formation of an Arctic Security Initiative with the funding and authority to drive—
 (A)the creation of a network of strategically advantageous ports in the Arctic; (B)the long-term homeporting of significant Coast Guard assets in the Arctic;
 (C)the development of Navy and Coast Guard ship maintenance and repair relationships with facilities located within Alaska in or near the Arctic;
 (D)increased military training for operating in the Arctic environment; and (E)the creation of a Department of Defense Center for Security Studies for the Arctic.
				4.Report on the strategic naval focus in the Arctic
 (a)In generalNot later than one year after the date of the enactment of this Act, the Secretary of Defense in consultation with the Secretary of the department in which the Coast Guard is operating shall submit to the appropriate committees of Congress a report on the development and execution of a strategic plan that focuses on addressing the findings in section 2 and the policy stated in section 3.
 (b)ElementsThe report required by subsection (a) shall include a detailed plan to achieve the following: (1)The creation of a Department of Defense Strategic Arctic Port by 2035.
 (2)The establishment of the position of Deputy Assistant Secretary of Defense for the Arctic tasked with optimizing the Unified Command Plan for the Arctic and other overarching strategies for the Arctic region.
 (3)The procurement of not fewer than four ice-hardened Navy vessels by 2030. (4)Not fewer than one ice-hardened Navy vessel on patrol in the Arctic and able to maintain maritime domain awareness, conduct training exercises, and perform national defense operations not fewer than six months of every year.
 (5)Not fewer than one major Coast Guard cutter on patrol in the Arctic and able to execute search and rescue operations, fisheries enforcement, pollution response, and support for national defense operations at all times.
 (6)Not fewer than two icebreaking vessels permanently stationed within the Arctic by 2035. (7)Sufficient icebreaking activity to keep the Northwest Passage sea lanes open for commerce, national defense, rescue and recovery operations, and scientific exploration by 2030.
 (c)Appropriate committees of Congress definedIn this section, the term appropriate committees of Congress means— (1)the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
 (2)the Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
 5.Arctic definedIn this Act, the term Arctic has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).


		I
		111th CONGRESS
		1st Session
		H. R. 2064
		IN THE HOUSE OF REPRESENTATIVES

			April 23, 2009
			Mr. King of New York
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the Homeland Security Act of 2002 to provide
		  immunity for reports of suspected terrorist activity or suspicious behavior and
		  response.

		1.Short titleThis Act may be cited as the
			 See Something, Say Something Act of
			 2009.
		2.Amendment to the
			 Homeland Security Act of 2002
			(a)In
			 generalSubtitle H of title VIII of the Homeland Security Act of
			 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
			 following:

					890A.Immunity for
				reports of suspected terrorist activity or suspicious behavior and
				response
						(a)Immunity for
				reports of suspected terrorist activity or suspicious behavior and
				response
							(1)In
				generalAny person who, in good faith and based on objectively
				reasonable suspicion, makes, or causes to be made, a voluntary report of
				covered activity to an authorized official shall be immune from civil liability
				under Federal, State, and local law for such report.
							(2)False
				reportsParagraph (1) shall not apply to any report that the
				person knew to be false or was made with reckless disregard for the truth at
				the time that the person made that report.
							(b)Immunity for
				response
							(1)In
				generalAny authorized official who observes, or receives a
				report of, covered activity and takes reasonable action in good faith to
				respond to such activity shall have qualified immunity from civil liability for
				such action, consistent with applicable law in the relevant jurisdiction. An
				authorized official as defined by subsection (d)(1)(A) not entitled to assert
				the defense of qualified immunity shall nonetheless be immune from civil
				liability under Federal, State, and local law if such authorized official takes
				reasonable action, in good faith, to respond to the reported activity.
							(2)Savings
				clauseNothing in this subsection shall—
								(A)affect the ability
				of any authorized official to assert any defense, privilege, or immunity that
				would otherwise be available; and
								(B)be construed as
				affecting any such defense, privilege, or immunity.
								(c)Attorney fees
				and costsAny authorized official or other person found to be
				immune from civil liability under this section shall be entitled to recover
				from the plaintiff all reasonable costs and attorney fees.
						(d)DefinitionsIn
				this section:
							(1)Authorized
				officialThe term authorized official
				means—
								(A)any officer,
				employee, or agent of the Federal Government with responsibility for
				preventing, protecting against, disrupting, or responding to a covered
				activity; or
								(B)any Federal,
				State, or local law enforcement officer.
								(2)Covered
				activityThe term covered activity means any
				suspicious transaction, activity, or occurrence indicating that an individual
				may be engaging, or preparing to engage, in a violation of law relating to an
				act of terrorism (as that term is defined in section 3077 of title 18, United
				States
				Code).
							.
			(b)Amendment to the
			 table of contentsThe table of contents for the Homeland Security
			 Act of 2002 is amended by inserting at the end of the items relating to
			 subtitle H of title VIII the following new item:

						Sec. 890A. Immunity for reports of suspected terrorist activity
				or suspicious behavior and
				response.

					.


109 HR 2415 IH: Orphaned Well Cleanup and Jobs Act of 2021
U.S. House of Representatives
2021-04-08
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. 2415IN THE HOUSE OF REPRESENTATIVESApril 8, 2021Ms. Leger Fernandez (for herself, Mr. Grijalva, Mr. Lowenthal, Ms. Castor of Florida, and Mr. Michael F. Doyle of Pennsylvania) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Energy Policy Act of 2005 to require the Secretary of the Interior to establish a program to permanently plug, remediate, and reclaim orphaned wells and the surrounding lands and to provide funds to States and Tribal Governments to permanently plug, remediate, and reclaim orphaned wells and the surrounding lands, and for other purposes.1.Short titleThis Act may be cited as the Orphaned Well Cleanup and Jobs Act of 2021.2.Orphaned Well Site Plugging, Remediation, and RestorationSection 349 of the Energy Policy Act of 2005 (Public Law 109–58; 42 U.S.C. 15907) is amended to read as follows:349.Orphaned Well Site Plugging, Remediation, and Restoration(a)Federal program(1)EstablishmentThe Secretary, in cooperation with the Secretary of Agriculture and affected Indian Tribes, shall establish a program not later than 180 days after the date of enactment of this section to permanently plug orphaned wells and remediate and reclaim orphaned wells located on land administered by the land management agencies within the Department of the Interior and the Department of Agriculture.(2)ActivitiesThe program under paragraph (1) shall—(A)include a means of identifying, characterizing, and inventorying orphaned wells on Federal lands and ranking orphaned wells for priority in permanent plugging, remediation, and reclamation, based on public health and safety, potential environmental harm, and other land use priorities;(B)distribute funding according to the priorities identified under subparagraph (A) for—(i)permanently plugging orphaned wells;(ii)remediating and reclaiming well pads and access roads associated with orphaned wells; (iii)remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells; and(iv)remediating lands, including access roads, adjacent to orphaned wells and decommissioning or removing pipelines, facilities, and infrastructure associated with the orphaned well;(C)provide a public accounting of the costs of permanently plugging, remediating, and reclaiming each orphaned well;(D)seek to determine the identities of potentially responsible parties associated with the orphaned well, or their sureties or guarantors, to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable; (E)to the maximum extent possible, support research and development efforts aimed at investigating, measuring, and tracking emissions of methane and other gases associated with orphaned wells;(F)measure and track contamination of groundwater or surface water associated with orphaned wells; and(G)reduce the negative effects of orphaned wells on environmental justice communities.(3)Define orphaned wellNot later than 180 days after the date of enactment of this section, the Secretary shall issue a final rule defining the term orphaned well as such term applies to Federal and Tribal land for the purposes of this section.(4)Idled wells(A)In generalThe Secretary, acting through the Director of the Bureau of Land Management, shall annually review all idled wells on Federal lands and take such measures as such Director determines appropriate to reduce such Director’s idled well inventory.(B)Definition of idled wellNot later than 6 months after the date of enactment of this section, the Secretary, acting through the Director of the Bureau of Land Management, shall establish a definition for the term idled well for the purposes of this section.(5)Cooperation and consultationsIn carrying out the program under paragraph (1), the Secretary shall—(A)work cooperatively with the Secretary of Agriculture, affected Indian Tribes, and the States within which Federal land is located; and(B)consult with the Secretary of Energy and the Interstate Oil and Gas Compact Commission.(b)State orphaned well site plugging, remediation, and restoration(1)In general(A)ActivitiesThe Secretary shall provide funding to States as described in this section for any of the following purposes:(i)To permanently plug, remediate, and reclaim orphaned wells located on State- and privately-owned land.(ii)To identify and characterize undocumented orphaned wells on State and private lands.(iii)To rank orphaned wells on State and private lands based on factors including public health and safety, potential environmental harm, and other land use priorities.(iv)To make information regarding the use of funds received under this subsection available on a public website. (v)To measure and track emissions of methane and other gases associated with orphaned wells.(vi)To measure and track contamination of groundwater or surface water associated with orphaned wells.(vii)To remediate soil and restore native species habitat that have been degraded due to the presence of orphaned wells. (viii)To remediate lands, including access roads, adjacent to orphaned wells and decommission or remove pipelines, facilities, and infrastructure associated with the orphaned well.(ix)To take such measures as such State determines necessary to reduce the negative effects of orphaned wells on environmental justice communities.(x)To administer a program to carry out activities described in clauses (i) through (ix).(B)LimitationExcept for funds received by a State under paragraph (2)(A)(ii), a State may not use more than 10 percent of the funds received under this section in any fiscal year for the purpose described in paragraph (1)(A)(x).(2)Initial Grants(A)In generalThe Secretary shall distribute—(i)not more than $25,000,000 to each State that—(I)is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission;(II)requests funding under this clause not later than 6 months after the date of enactment of this section; (III)has at least one documented orphaned well;(IV)certifies to the Secretary that such State can use at least 90 percent of the requested funding to issue new contracts, amend existing contracts, or issue grants for permanent plugging, remediation, and reclamation work within 180 days of receipt of funds; and(V)describes to the Secretary how funds received under this clause will employ individuals who have lost employment during the period beginning on March 1, 2020, and ending on the date on which such State requests funding under subclause (II); and(ii)not more than $5,000,000 to each State that—(I)requests funding under this clause;(II)does not receive a grant under clause (i); and(III)certifies to the Secretary that—(aa)such State has a permanent plugging, remediation, and reclamation program for orphaned wells or the capacity to start such a program; or(bb)such funds will be used to conduct the administrative work necessary to put together an application to receive funds under paragraph (3).(B)DistributionThe Secretary shall disburse funds to a State under this subparagraph not later than 30 days after such State makes a certification to the Secretary that such State is eligible to receive such funds.(C)2 years to expend funds(i)In generalA State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of any unobligated funds that remain 2 years after the date on which such State receives funds under this paragraph.(ii)Use of reimbursed fundsThe Secretary may use funds reimbursed under this subparagraph to carry out any activity under subsection (a)(2).(D)Report(i)In generalNot later than 15 months after the date on which a State receives funds under this paragraph, such State shall submit a report to the Secretary detailing how the State adhered to the certifications required by subparagraph (A).(ii)Public accessThe Secretary shall make available on a publicly accessible website each report submitted under clause (i).(3)Formula grants(A)Formula(i)In generalThe Secretary shall establish a formula for the distribution of funds under this paragraph to the States described in clause (ii). Such formula, with respect to an applicant State, shall account for the following factors:(I)The job losses in the oil and gas industry between March 1, 2020, and the date of enactment of this section.(II)The number of documented orphaned wells and associated facilities and the projected cost to permanently plug and reclaim such wells.(III)The amount of oil or gas produced in 2019, as determined by the Administrator of the Energy Information Administration.(ii)NotificationA State is described in this clause if, not later than 45 days after the date of enactment of this section, such State submits a notice to the Secretary that such State intends to submit an application under subparagraph (B) and includes in such notification the information described in subclauses (I) through (III) of clause (i) with respect to such State.(iii)PublicationThe Secretary shall, not later than 30 days after the date described in clause (ii), publish on a public website the amount that each State described in clause (ii) is eligible to receive under the formula established under clause (i).(B)ApplicationA State may apply to receive funds under this paragraph by submitting an application including—(i)a description of—(I)the State program for orphaned well permanent plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State program to carry out the proposed activities;(II)the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of permanent plugging, remediating, or reclaiming the orphaned wells; and(III)how the information regarding the State’s activities under this subsection will be made available on a public website;(ii)an estimate of—(I)the number of orphaned wells that will be permanently plugged, remediated, or reclaimed;(II)the projected cost of permanently plugging, remediating, or reclaiming orphaned wells, adjacent lands, and access roads; (III)the amount of that cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well-site equipment, or other proceeds from the orphaned wells and adjacent lands;(IV)the number of jobs that will be created or saved through the activities to be funded under this subsection; and(V)the amount of funds to be spent on administrative costs; (iii)a certification that any financial assurance instruments, including bonds, available to cover permanent plugging, remediation, or reclamation costs will be used by the State; and(iv)the definitions and processes used by the State to formally declare a well orphaned or, if the State uses different terminology, otherwise eligible for permanent plugging, remediation, and reclamation by the State, including the steps the State has taken to identify the well’s most recent operator.(C)Review of State definitions and processesThe Secretary may only distribute funds to a State under this paragraph if the Secretary determines that—(i)such State has taken appropriate steps to protect taxpayers from unnecessarily paying for permanent plugging, remediation, and reclamation costs; (ii)the processes of such State for declaring a well eligible for permanent plugging by the State are reasonable; and(iii)the definition provided by the State for the term orphaned well (or an alternate term, if applicable), if such term differs from the definition given such term in subsection (h)(5)(A)(ii), is reasonable.(D)5 years to expend fundsA State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of any unobligated funds that remain 5 years after the date on which such State receives funds under this paragraph.(E)ConsultationIn making a determination under this paragraph regarding the eligibility of a State to receive funds, the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Interstate Oil and Gas Compact Commission.(F)Consideration timelineNot later than 60 days after receiving a completed application that meets the requirements of this section from a State under this paragraph, the Secretary shall issue a grant to such State.(4)Discretionary grants(A)In general(i)Regulatory improvement grant(I)In generalBeginning on the date that is 6 months after the date on which the first grant is issued under paragraph (2), the Secretary may provide funding in an amount not to exceed $20,000,000 per grant to a State if the State meets one of the following criteria:(aa)The State has strengthened restrictions on methane emissions from oil and gas operations that result in a level of emissions not higher than the level that would be permitted if the final rule entitled Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources and published in the Federal Register on June 3, 2016 (81 Fed. Reg. 35824) were in effect.(bb)The State has strengthened its plugging and abandonment rules to require that an operator of a well takes steps to isolate all oil-bearing or gas-bearing strata encountered in the well, protect underground or surface water suitable for irrigation, farming, or other domestic purposes from the infiltration or addition of any detrimental substances, and to prevent subsequent damage to life, health, property, and other resources.(cc)The State has made improvements to State programs designed to prevent future orphaned well burdens, including bonding reform or other financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to well transfer and temporary abandonment programs in the 10 years preceding the date that the States applies for a grant under this paragraph.(II)LimitationThe Secretary may only issue one grant per criterion per State under this clause.(ii)Matching grant(I)In generalBeginning on the date that is 6 months after the date on which the first grant is issued under paragraph (2), the Secretary may provide funding to a State in an amount equal to the difference between—(aa)the amount of funds such State expended on average in fiscal years 2010 through 2019 to permanently plug, remediate, and reclaim orphaned wells and associated facilities; and(bb)the amount of funds such State certifies to the Secretary such State will expend for such purposes in the fiscal year in which such State will receive such grant.(II)Annual grantThe Secretary may issue one grant per State per fiscal year under this clause.(III)Limitation on total funds provided to a StateThe Secretary may not provide a total of more than $30,000,000 to a State under this clause during the period of fiscal years 2021 through 2031.(B)Application(i)In generalA State may apply to receive funds under this paragraph by submitting an application including—(I)each of the elements required in an application under paragraph (3)(B);(II)a description of measures such State has taken to address orphaned wells, including by increasing State spending on well permanent plugging, remediation, and reclamation and by improving regulation of oil and gas wells; and(III)a description of how such State will use such funds to—(aa)lower unemployment in such State; and(bb)improve economic conditions in economically distressed areas of such State.(ii)ConsultationIn making a determination to issue a grant under this paragraph, the Secretary shall consult with the Administrator of the Environmental Protection Agency and the Secretary of Energy.(iii)Reimbursement for failure to maintain protectionsA State that receives funds under this paragraph shall reimburse the Secretary any funds received if, during the 10 year period beginning on the date of receipt of funds under this paragraph, such State enacts a statute or regulation that, if such statute or regulation were in effect when the State submitted an application under this paragraph, would have prevented such State from being eligible to receive funds under subparagraph (A)(i)(I).(iv)Consideration timelineNot later than 60 days after receiving an application from an eligible State under this paragraph, the Secretary shall make a grant or reject such application.(5)State report(A)In generalEach State that receives funding under this subsection shall submit a report to the Secretary each year that provides—(i)the number of orphaned wells that have been permanently plugged, remediated, or reclaimed;(ii)the cost of permanently plugging, remediating, or reclaiming orphaned wells, adjacent lands, and access roads; (iii)the amount of that cost offset by the forfeiture of financial assurance instruments, the salvage of well-site equipment, or other proceeds from the orphaned wells;(iv)an estimate of the number of jobs created or saved through the activities funded under this subsection; (v)the funds spent on administrative costs; (vi)a description of how the State is working to decrease the effects of orphaned wells on environmental justice communities; and(vii)survey results from State efforts to identify undocumented orphaned wells.(B)Public accessThe Secretary shall make available on a publicly accessible website each report submitted under subparagraph (A).(c)Tribal orphaned well site plugging, remediation, and restoration(1)EstablishmentThe Secretary shall establish a program in the Bureau of Indian Affairs to provide grants to Indian Tribes for the purposes described in paragraph (2).(2)ActivitiesThe purposes described in this paragraph are to—(A)permanently plug, remediate, and reclaim orphaned wells on Tribal land;(B)remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells on Tribal land;(C)remediate lands, including access roads, adjacent to orphaned wells and decommission or remove pipelines, facilities, and infrastructure associated with the orphaned well on Tribal lands;(D)provide an online public accounting of the cost of permanent plugging, remediation, and reclamation for each orphaned well site on Tribal land; (E)identify and characterize undocumented orphaned wells on Tribal land; and(F)administer a Tribal program to carry out activities described in subparagraphs (A) through (E).(3)ConsiderationsIn making a determination to issue a grant under this subsection, the Secretary shall take into account—(A)the unemployment rate of the Indian Tribe on the date such Indian Tribe submits the application under paragraph (4);(B)the number of documented orphaned wells on the land of such Indian Tribe; and(C)the amount of oil and gas produced on the land of such Indian Tribe in 2019, as determined by the Secretary.(4)ApplicationAn Indian Tribe may apply to receive funds under this paragraph by submitting an application that includes—(A)a description of—(i)the Tribal program for orphaned well permanent plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Tribal program to carry out the proposed activities; and(ii)the activities to be carried out with the grant, including an identification of the estimated health, safety, and habitat, and environmental benefits of permanently plugging, remediating, or reclaiming the orphaned wells, adjacent lands, and access roads; and(B)an estimate of—(i)the number of orphaned wells that will be permanently plugged, remediated, or reclaimed; and(ii)the projected costs of permanently plugging, remediating, or reclaiming the orphaned wells and any adjacent lands or access roads.(5)LimitationAn Indian Tribe may not use more than 10 percent of the funds received under this subsection in a fiscal year for the purposes described in paragraph (2)(F).(6)Consideration timelineThe Secretary shall issue or deny a grant under this subsection not later than 60 days after the date of receipt of the complete application under paragraph (4).(7)5 years to expend fundsAn Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of any unobligated funds that remain 5 years after the date on which such Indian Tribe receives funds under this subsection.(8)Deferral of plugging and remediationAn Indian Tribe with an orphaned well within such Indian Tribe’s jurisdiction may request that the Secretary administer and carry out permanent plugging, remediation, and reclamation work with respect to such orphaned well. For the purposes of subsection (a), any orphaned well with respect to which the Indian Tribe with jurisdiction has made such a request shall be treated as if such orphaned well is on land administered by a land management agency within the Department of the Interior.(d)Technical assistanceThe Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to Federal land management agencies and oil and gas producing States and Indian Tribes to ensure practical and economical remedies are used to address environmental problems caused by orphaned wells on Federal, State, Tribal, or private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to permanently plug, remediate, and restore oil and gas well sites when operations cease.(e)Report to CongressNot later than 1 year after the date of enactment of this section, and every year thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and to the Committees on Appropriations and Natural Resources of the House of Representatives a report on the program established and grants awarded under this section, including—(1)an updated inventory of—(A)orphaned wells on Federal, Tribal, State, and private land; and(B)wells at-risk of becoming orphaned on Federal, Tribal, State, and private land;(2)to the maximum extent practical, an estimate of—(A)the amount of methane and other gasses emitted from orphaned wells; and(B)the amount of emissions reduced as a result of permanently plugging and reclaiming orphaned wells;(3)the number of jobs created and saved through the permanent plugging, remediation, and reclamation of orphaned wells; and(4)the acreage of habitat restored using grants awarded to permanently plug, remediate, and reclaim orphaned wells and adjacent lands, including access roads, and a description of how such land is likely to be used in the future.(f)Idled well fees(1)In generalThe Secretary shall, not later than 180 days after the date of enactment of this section, issue regulations to require each operator of an idled well on Federal land to pay an annual, nonrefundable fee for each such idled well in accordance with this subsection.(2)AmountsExcept as provided in paragraph (5), the amount of the fee shall be as follows:(A)$500 for each well that has been considered an idled well for at least 1 year, but not more than 5 years.(B)$1,500 for each well that has been considered an idled well for at least 5 years, but not more than 10 years.(C)$3,500 for each well that has been considered an idled well for at least 10 years, but not more than 15 years.(D)$7,500 for each well that has been considered an idled well for at least 15 years.(3)Due dateAn owner of an idled well that is required to pay a fee under this subsection shall submit to the Secretary such fee by not later than May 1 of each year.(4)Civil penaltyIf the operator of a idled well fails to pay the full amount of a fee under this subsection, the Secretary may assess a civil penalty against the operator under section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719) as if such failure to pay were a violation under such section.(5)Adjustment for inflationThe Secretary shall, by regulation not less than once every 4 years, adjust each fee under this subsection to account for inflation based on the Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor).(6)Use of feesThe Secretary, acting through the Director of the Bureau of Land Management, shall use any fees collected under this subsection for the following purposes:(A)50 percent of such amounts shall be used for—(i)inventorying and tracking orphaned wells on Federal lands;(ii)permanently plugging orphaned wells on Federal lands;(iii)remediating and reclaiming well pads and access roads associated with orphaned wells on Federal lands;(iv)remediating soil and restoring native species habitat that have been degraded due to the presence of orphaned wells on Federal land; and(v)remediating lands, including access roads, adjacent to orphaned wells and decommissioning or removing pipelines, facilities, and infrastructure associated with orphaned wells.(B)50 percent of such amounts shall be used to carry out part 3163 of title 43, Code of Federal Regulations (or any successor regulation).(g)Savings clauses and prevailing wage requirements(1)No expansion of liabilityNothing in this section establishes or expands the responsibility or liability of any entity with respect to permanently plugging a well or remediating or reclaiming a well site.(2)Prevailing wageAny entity carrying out a project authorized by this section shall be required to pay prevailing wages in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act).(3)Tribal landNothing in this section may be construed to relieve the Secretary of any obligation imposed by section 3 of the Act of May 11, 1938 (25 U.S.C. 396c), or to absolve the United States from any responsibility to an Indian Tribe, including those which derive from the trust relationship or from any treaties, statutes, Executive orders, or agreements between the United States and an Indian Tribe, to permanently plug, remediate, or reclaim orphaned wells located on Tribal lands.(4)Owner or operator not absolvedNothing in this section may be construed to absolve the owner or operator of an oil or gas well of potential liability for reimbursement of permanent plugging and reclamation costs or adverse effects on the environment.(h)DefinitionsIn this section:(1)Environmental justice communityThe term environmental justice community means any community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing higher or more adverse human health or environmental effects.(2)Idled wellThe term idled well—(A)if the Secretary has not established a definition under subsection (a)(4)(B), means a well that has been non-operational for at least two consecutive years for which there is no anticipated beneficial future use; or(B)has the meaning given to such term by the Secretary under subsection (a)(4)(B).(3)Indian TribeThe term Indian Tribe has the meaning given to such term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).(4)OperatorThe term operator means, with respect to an oil or gas operation, any entity, including the lessee or operating rights owner, who has stated in writing to a relevant authority that such entity is responsible for such operation or a portion thereof.(5)Orphaned wellThe term orphaned well—(A)with respect to Federal and Tribal land—(i)has the meaning given to such term by the Secretary under subsection (a)(3); or(ii)if the Secretary has not defined the term under such subsection, means a well that is not being used for authorized purposes such as production, injection, or monitoring and for which either no operator can be found or the operator is unable to permanently plug the well and remediate and reclaim the well site; and(B)with respect to State or private land—(i)has the meaning given to such term by such State if the Secretary determines under subsection (b)(3)(C)(iii) that such definition is reasonable; or(ii)has the meaning given in subparagraph (A).(6)Tribal landThe term Tribal land means any land or interests in land owned by any Indian Tribe, title to which is held in trust by the United States, or is subject to a restriction against alienation under laws of the United States.(i)Authorization of appropriationsThere are authorized to be appropriated for fiscal year 2021, to remain available until September 30, 2031— (1)to the Secretary—(A)$400,000,000 to carry out the program under subsection (a);(B)$1,500,000,000—(i)to provide grants under paragraph (2) of subsection (b); and(ii)to provide, beginning on the date that is 18 months after amounts are made available to carry out this section, grants under paragraph (4) of such subsection;(C)$3,500,000,000 to provide grants under paragraph (3) of such subsection;(D)$2,250,000,000 to provide grants under paragraph (4) of such subsection; and(E)$300,000,000 to carry out subsection (c);(2)to the Secretary of Energy, $48,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in identifying and characterizing undocumented orphaned wells and mitigating the environmental risks of undocumented orphaned wells; and(3)to the Interstate Oil and Gas Compact Commission, $2,000,000 to carry out this section..3.Amendment to Mineral Leasing ActSection 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is amended by inserting The Secretary concerned shall review the adequacy of each such bond, surety, or other financial arrangement anytime a lease issued under this section is transferred. Each such bond, surety, or other financial arrangement shall be considered inadequate if such bond, surety, or other financial arrangement is for less than $150,000 in the case of an arrangement for an individual surface-disturbing activity of each entity on an individual oil or gas lease in a State, or $500,000 in the case of an arrangement for all surface-disturbing activities of each entity on all oil and gas leases in a State. after on the lease..


110 HR 6518 IH: Justice Integrity Act of 2008
U.S. House of Representatives
2008-07-16
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.

I
110th CONGRESS
2d Session
H. R. 6518
IN THE HOUSE OF REPRESENTATIVES

July 16, 2008
Mr. Cohen introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To increase public confidence in the justice system and address any unwarranted racial and ethnic disparities in the criminal process.

1.Short titleThis Act may be cited as the Justice Integrity Act of 2008.
2.FindingsCongress finds that—
(1)the pursuit of justice requires the fair application of the law;
(2)racial and ethnic disparities in the criminal process have contributed to a growing perception of bias in the criminal justice system;
(3)there are a variety of possible causes of disparities in criminal justice statistics among racial and ethnic groups and these causes may differ throughout the United States, including factors such as—
(A)varying levels of criminal activity among racial and ethnic groups and legitimate law enforcement response to that criminal activity; and
(B)racial discrimination, ethnic and cultural insensitivity, or unconscious bias;
(4)the Nation would benefit from an understanding of all factors causing a disparate impact on the criminal justice system; and
(5)programs that promote fairness will increase public confidence in the criminal justice system, increase public safety, and further the pursuit of justice.
3.Pilot program
(a)In generalNot later than 90 days after the date of enactment of this Act, the Attorney General shall establish a pilot program in 10 United States districts in order to promote fairness, and the perception of fairness, in the Federal criminal justice system, and to determine whether legislation is required.
(b)Program requirements
(1)U.S. AttorneysThe Attorney General shall designate, in accordance with paragraph (3), 10 United States Attorneys who shall each implement a plan in accordance with section 4, beginning not later than 1 month after those United States Attorneys are designated by the Attorney General.
(2)PurposeThe purposes of the plans required by this section are—
(A)to gather racial and ethnic data on investigations and prosecutions in the United States districts and the causes of disparities, if any;
(B)to determine the extent to which the communities’ perception of bias has affected confidence in the Federal criminal justice system;
(C)to analyze whether measures may be taken to reduce unwarranted disparities, if any, and increase confidence in the criminal justice system; and
(D)to make recommendations, to the extent possible, to ensure that law enforcement priorities and initiatives, charging and plea bargaining decisions, sentencing recommendations, and other steps within the criminal process are not influenced by racial and ethnic stereotyping or bias, and do not produce unwarranted disparities from otherwise neutral laws or policies.
(3)Criteria for selection
(A)In generalThe 10 pilot districts referred to in subsection (a) shall include districts of varying compositions with respect to size, case load, geography, and racial and ethnic composition.
(B)Metropolitan areasAt least 3 of the United States Attorneys designated by the Attorney General shall be in Federal districts encompassing metropolitan areas.
4.Plan and report
(a)In general
(1)United States AttorneyEach United States Attorney shall, in consultation with an advisory group appointed in accordance with paragraph (2), develop and implement a plan in accordance with subsections (b) and (c).
(2)Advisory group
(A)AppointmentNot later than 90 days after designation by the Attorney General, the United States Attorney in each of the 10 pilot districts selected pursuant to section 3 shall appoint an advisory group, after consultation with the chief judge of the district and criminal justice professionals within the district.
(B)MembershipThe advisory group of a United States Attorney shall include—
(i)1 or more senior social scientists with expertise in research methods or statistics; and
(ii)individuals and entities who play important roles in the criminal justice process and have broad-based community representation such as—
(I)Federal and State prosecutors;
(II)Federal and State defenders, if applicable in the district, and private defense counsel;
(III)Federal and State judges;
(IV)Federal and State law enforcement officials and union representatives;
(V)parole and probation officers;
(VI)correctional officers;
(VII)victim’s rights representatives;
(VIII)civil rights organizations;
(IX)business and professional representatives; and
(X)faith-based organizations who do criminal justice work.
(C)Term limitSubject to subparagraph (D), a member of the advisory group shall not serve longer than 5 years.
(D)Permanent membersNotwithstanding subparagraph (C), the following shall be permanent members of the advisory group for that district:
(i)The chief judge for the judicial district.
(ii)The Federal defender for the judicial district.
(iii)The United States Attorney for the judicial district.
(E)ReporterThe United States Attorney may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Executive Office of the United States Attorneys.
(F)Independent contractorsThe members of an advisory group of a United States Attorney and any person designated as a reporter for such group—
(i)shall be considered independent contractors of the United States Attorney’s Office when in the performance of official duties of the advisory group; and
(ii)may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before any court.
(b)Development and implementation of a plan and report
(1)Advisory group reportThe advisory group appointed under subsection (a)(2) shall—
(A)
(i)systematically collect and analyze quantitative data on the race and ethnicity of the defendant and victim at each stage of prosecution, including case intake, bail requests, declinations, selection of charges, diversion from prosecution or incarceration, plea offers, sentencing recommendations, fast-track sentencing, and use of alternative sanctions; and
(ii)at a minimum, collect aggregate data capable of individualization and tracking through the system so that any cumulative racial or ethnic disadvantage can be analyzed;
(B)seek to determine the causes of racial and ethnic disparities in a district, and whether these disparities are substantially explained by sound law enforcement policies or if they are at least partially attributable to discrimination, insensitivity, or unconscious bias;
(C)examine the extent to which racial and ethnic disparities are attributable to—
(i)law enforcement priorities, prosecutorial priorities, the substantive provisions of legislation enacted by Congress; or
(ii)the penalty schemes enacted by Congress or implemented by the United States Sentencing Commission;
(D)examine data including—
(i)the racial and ethnic demographics of the United States Attorney’s district;
(ii)defendants charged in all categories of offense by race and ethnicity, and, where applicable, the race and ethnicity of any identified victim;
(iii)substantial assistance motions, whether at sentencing or post-conviction, by race and ethnicity;
(iv)charging policies, including decisions as to who should be charged in Federal rather than State court when either forum is available, and whether these policies tend to result in racial or ethnic disparities among defendants charged in Federal court, including whether relative disparities exist between State and Federal defendants charged with similar offenses;
(v)the racial and ethnic composition of the Federal prosecutors in the district; and
(vi)the extent to which training in the exercise of discretion, including cultural competency, is provided prosecutors;
(E)consult with an educational or independent research group, if necessary, to conduct work under this subsection; and
(F)submit to the United States Attorney by the end of the second year after their initial appointment a report and proposed plan, which shall be made available to the public and which shall include—
(i)factual findings and conclusions on racial and ethnic disparities, if any, and the State of public confidence in the criminal process;
(ii)recommended measures, rules, and programs for reducing unjustified disparities, if any, and increasing public confidence; and
(iii)an explanation of the manner in which the recommended plan complies with this paragraph.
(2)Adoption of planNot later than 60 days after receiving and considering the advisory group’s report and proposed plan under paragraph (1), the United States Attorney appointed under section 3 shall adopt and implement a plan.
(3)Copy of reportThe United States Attorney shall transmit a copy of the plan and report adopted and implemented, in accordance with this subsection, together with the report and plan recommended by the advisory group, to the Attorney General. The United States Attorney shall include with the plan an explanation of any recommendation of the advisory group that is not included in the plan.
(4)CongressThe Attorney General shall transmit to the United States Attorney’s in every Federal district and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any plan and accompanying report submitted by a pilot district.
(c)Periodic United States attorney assessmentAfter adopting and implementing a plan under subsection (b), each United States Attorney in a pilot district shall annually evaluate the efficacy of the plan. In performing such assessment, the United States Attorney shall consult with the advisory group appointed in accordance with subsection (a)(2). Each assessment shall be submitted to the Executive Office for United States Attorneys for review in accordance with subsection (d).
(d)Information on the pilot program
(1)Report and model planNot later than 5 years after the date of the enactment of this Act, the Attorney General shall—
(A)prepare a comprehensive report on all plans received pursuant to this section;
(B)based on all the plans received pursuant to this section the Attorney General shall also develop one or more model plans; and
(C)transmit copies of the report and model plan or plans to the Committees on the Judiciary of the Senate and the House of Representatives.
(2)Continued oversightThe Attorney General shall, on a continuing basis—
(A)study ways to reduce unwarranted racial and ethnic disparate impact in the Federal criminal system; and
(B)make recommendations to all United States Attorneys on ways to improve the system.
5.Authorization of appropriationsThere are authorized to be appropriated $3,000,000 for use, at the discretion of the Attorney General, by the United States Attorneys’ advisory groups in the development and implementation of plans under this Act.


110 HR 5095 IH: To extend the temporary suspension of duty on filament

U.S. House of Representatives
2008-01-22
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
		110th CONGRESS
		2d Session
		H. R. 5095
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2008
			Mr. Coble introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on filament
		  tow of rayon.

		1.Filament tow of
			 rayon
			(a)In
			 generalHeading 9902.23.27 of
			 the Harmonized Tariff Schedule of the United States (relating to filament tow
			 of rayon) is amended by striking 12/31/2009 and inserting
			 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		IV
		111th CONGRESS
		1st Session
		H. RES. 695
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2009
			Mr. Rodriguez
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Supporting an international park between
		  Big Bend National Park in the United States and the protected areas of the
		  Coahuila and Chihuahua States across the border in Mexico.

		Whereas the United States and Mexico share a common
			 border, natural and cultural resources, and histories;
		Whereas the Chihuahuan Desert region provides an
			 opportunity for the two nations to share research and experience in managing a
			 protected area in this unique ecosystem;
		Whereas there is a desire to conserve and
			 educate others about the significant natural and cultural resources that span
			 the border of the United States and Mexico;
		Whereas the concept is based on the existing international
			 park at Waterton-Glacier International Peace Park between the United States and
			 Canada;
		Whereas beginning in 1935 with President Franklin D.
			 Roosevelt, meetings and discussions have been held to explore an international
			 park in the Big Bend National Park of Texas and the Coahuila and Chihuahua
			 States of Mexico;
		Whereas, on August 14, 1983, an agreement between the
			 United Mexican States and the United States of America on Cooperation for the
			 Protection and Improvement of the Environment in the Border Area was
			 signed;
		Whereas in October of 1988, an agreement of understanding
			 between the National Park Service and the State of Coahuila was signed by
			 Coahuila Governor Eliseo Mendoza Beurrueto, National Park Service Regional
			 Director John Cook, and Big Bend National Park Superintendent Jim Carrico for
			 cooperation between the two countries in research and preservation of the
			 shared environment along the border;
		Whereas a similar agreement of understanding was later
			 signed with the State of Chihuahua; and
		Whereas, on March 27, 2006, the United States and Mexico
			 sign non-binding Joint Declaration of Sister Park Partnerships between Big Bend
			 National Park in Texas, Maderas del Carmen (Coahuila), and Canon de Santa Elena
			 (Chihuahua) Flora and Fauna Protected Areas: Now, therefore, be it

		That the House of Representatives—
			(1)supports an international park between Big
			 Bend National Park in the United States and the protected areas of the Coahuila
			 and Chihuahua States across the border in Mexico; and
			(2)requests that the
			 President, in conjunction with Secretaries of Homeland Security, Interior, and
			 State, discuss with Mexico and study the probability of designating an
			 international park.


		IV
		112th CONGRESS
		1st Session
		H. RES. 112
		IN THE HOUSE OF REPRESENTATIVES

			February 28, 2011
			Ms. Ros-Lehtinen (for
			 herself and Mr. Berman) submitted the
			 following resolution; which was referred to the
			 Committee on House
			 Administration

		RESOLUTION
		Providing amounts for the expenses of the
		  Committee on Foreign Affairs in the One Hundred Twelfth
		  Congress.

		1.Amounts for Committee
			 ExpensesFor the expenses of
			 the Committee on Foreign Affairs (hereafter in this resolution referred to as
			 the Committee), including the expenses of all staff salaries,
			 there shall be paid, out of the applicable accounts of the House of
			 Representatives for committee salaries and expenses, not more than
			 $17,904,940.00 for the One Hundred Twelfth Congress.
		2.Session
			 LimitationsOf the amount
			 specified in section 1—
			(1)not more than
			 $8,952,470.00 shall be available for expenses incurred during the period
			 beginning at noon on January 3, 2011, and ending immediately before noon on
			 January 3, 2012; and
			(2)not more than
			 $8,952,470.00 shall be available for expenses incurred during the period
			 beginning at noon on January 3, 2012, and ending immediately before noon on
			 January 3, 2013.
			3.VouchersPayments under this resolution shall be made
			 on vouchers authorized by the Committee, signed by the Chairman of the
			 Committee, and approved in the manner directed by the Committee on House
			 Administration.
		4.RegulationsAmounts made available under this resolution
			 shall be expended in accordance with regulations prescribed by the Committee on
			 House Administration.


I
111th CONGRESS
1st Session
H. R. 3604
IN THE HOUSE OF REPRESENTATIVES

September 17, 2009
Mr. Nadler of New York (for himself, Mr. Serrano, Mr. Filner, Mr. Weiner, Mr. Frank of Massachusetts, Mr. Stark, Mr. Moran of Virginia, Mr. Gutierrez, and Mr. Engel) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend the Immigration and Nationality Act to exempt certain elderly persons from demonstrating an understanding of the English language and the history, principles, and form of government of the United States as a requirement for naturalization, and to permit certain other elderly persons to take the history and government examination in a language of their choice.

1.Short titleThis Act may be cited as the Senior Citizenship Act of 2009.
2.Fulfillment by elderly persons of requirement for naturalization relating to knowledge of English languageSection 312(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended—
(1)in the matter preceding subparagraph (A), by striking 334, either— and inserting 334—;
(2)in subparagraph (A), by striking , or at the end and inserting a semicolon;
(3)in subparagraph (B), by striking the period at the end and inserting ; or; and
(4)by adding at the end the following:

(C)is over sixty-five years of age and has been living in the United States for periods totaling at least five years subsequent to a lawful admission for permanent residence..
3.Fulfillment by elderly persons of requirement for naturalization relating to knowledge of government of the United StatesSection 312(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1423(b)(3)) is amended—
(1)by striking Attorney General each place such term appears and inserting Secretary of Homeland Security;
(2)by striking (3) and inserting (3)(A); and
(3)by adding at the end the following:

(B)In the case of a person who, on the date of the filing of the person’s application for naturalization, as provided in section 334, is over sixty-five years of age and has been living in the United States for periods totaling at least five years subsequent to a lawful admission for permanent residence, the Secretary of Homeland Security shall permit the person to fulfill the requirement of subsection (a)(2) through an examination in a language other than English selected by the person.
(C)In the case of a person who, on the date of the filing of the person’s application for naturalization, as provided in section 334, is over seventy-five years of age and has been living in the United States for periods totaling at least five years subsequent to a lawful admission for permanent residence, the requirement of subsection (a)(2) shall not apply..
4.Effective dateThe amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to applications for naturalization pending on or after such date.


114 HRES 491 EH: Providing for consideration of the bill (H.R. 1090) to amend the Securities Exchange Act of 1934 to provide protections for retail customers, and for other purposes.
U.S. House of Representatives
2015-10-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
114th CONGRESS
1st Session
H. RES. 491
In the House of Representatives, U. S.,

October 27, 2015

RESOLUTION
Providing for consideration of the bill (H.R. 1090) to amend the Securities Exchange Act of 1934 to provide protections for retail customers, and for other purposes.

That upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 1090) to amend the Securities Exchange Act of 1934 to provide protections for retail customers, and for other purposes. All points of order against consideration of the bill are waived. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 114–31 shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services; (2) the further amendment printed in the report of the Committee on Rules accompanying this resolution, if offered by Representative Lynch of Massachusetts or his designee, which shall be in order without intervention of any point of order, shall be considered as read, shall be separately debatable for 10 minutes equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for division of the question; and (3) one motion to recommit with or without instructions.   Karen L. Haas,Clerk.


117 HR 4867 IH: Data Centers and Government Records Oversight Act
U.S. House of Representatives
2021-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4867IN THE HOUSE OF REPRESENTATIVESJuly 30, 2021Mr. Cline (for himself and Mr. Phillips) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo direct the chief information officer of each agency to increase efforts to manage data centers, and for other purposes.1.Short titleThis Act may be cited as the Data Centers and Government Records Oversight Act. 2.Increased management of data centers(a)Data center consolidation and optimization(1)Strategic planNot later than 6 months after the date of the enactment of this Act, the chief information officer of each agency shall develop and publish a strategic plan to consolidate and optimize data centers at the agency. The strategic plan shall include the following:(A)Metrics to consolidate and optimize data center locations or transition to the cloud.(B)An estimation of the annual costs related to the development and operation of data centers at the agency.(C)An estimation of the annual savings related to implementing the strategic plan.(2)Two year updateNot later than 2 years after the date on which the plan is published pursuant to paragraph (1), the chief information officer of each agency shall update such plan. (3)CertificationNot later than 9 months after the date of the enactment of this Act, and 2 years thereafter, the inspector general of each agency shall submit to Congress a certification that describes whether the agency has taken action to achieve the annual metrics described in paragraph (1)(A).(4)ReportNot later than 2 years after the date of the enactment of this Act, and 2 years thereafter, the head of each agency shall submit to Congress and the Director of the Office of Management and Budget a report that includes—(A)the certification described in paragraph (3);(B)if applicable, the reason that an annual metric under paragraph (1)(A) was not previously met;(C)the costs related to the development and operation of data centers at each agency, including any cost related to implementing the strategic plan described in paragraph (1); and(D)the savings related to implementing the strategic plan.(b)Compliance(1)In generalNotwithstanding any other provision of law, including section 5318 of title 5, United States Code, any chief information officer of an agency that does not meet the requirements under paragraph (1) or (2) of subsection (a) may not receive any increase in the rate of pay until such requirements are met.(2)EnforcementThe head of the applicable agency shall ensure that the chief information officer described in paragraph (1) meets the provisions under this subsection.(c)Agency definedIn this section, the term agency has the meaning given to that term under section 3502 of title 44, United States Code.3.Records management by Federal agencies(a)Transfer of recordsSection 3103 of title 44, United States Code, is amended—(1)by striking When and inserting (a) In general. When; and(2)by adding at the end the following new subsections:(b)Transfer(1)In generalThe head of each Federal agency, in coordination with the Archivist of the United States, shall, to the extent practicable and in accordance with this section—(A)create copies of all records controlled by the Federal agency; and(B)transfer such copies to a records center maintained and operated by the Archivist.(2)Standards and guidelinesNot later than 3 months after the date of the enactment of this subsection, the Archivist shall—(A)develop standards for the heads of each Federal agency to create copies of records under paragraph (1)(A), including standards with respect to determining whether the record from which the copy was created is inactive, temporary, or permanent;(B)develop guidelines for the heads of each Federal agency to—(i)store metadata with respect to copies of records under paragraph (1)(A); and(ii)transfer such copies pursuant to paragraph (1)(B); and(C)make exemptions to the standards developed pursuant to subparagraph (A), taking into consideration—(i)any burden to the public;(ii)costs; and(iii)statutory, regulatory, and policy barriers.(3)Initial phase(A)In generalNot later than 6 months after the date of the enactment of this Act, the head of each Federal agency shall begin to transfer electronic copies of records, including any metadata related to a record, pursuant to paragraph (1)(B).(B)Analog format deadlineAfter the date on which the records have begun to be transferred pursuant to subparagraph (A) the head of each Federal agency may not transfer a copy of a record that is in an analog format to a records center maintained and operated by the Archivist.(4)Second phaseNot later than 2 years after the date on which the records have begun to be transferred pursuant to subparagraph (A), the head of each Federal agency shall transfer—(A)all copies of records to a records center maintained and operated by the Archivist; and(B)all copies of inactive and temporary records exempt under paragraph (2)(C) to a Federal records center or a commercial record storage facility.(c)Penalty to Federal agenciesIf, during any fiscal year, a Federal agency is not in compliance with the requirements of this section, during the corresponding period in the following fiscal year, the Federal agency may not obligate discretionary appropriations at a rate higher than the rate of obligation for the applicable appropriations accounts during the period of noncompliance in the previous fiscal year..(b)Designation of record management official(1)AmendmentsSection 3101 of title 44, United States Code, is amended—(A)by striking The head and inserting (a) In general. The head; and(B)by adding at the end the following new subsections:(b)Designation of record management officialTo carry out subsection (a), the head of each Federal agency shall designate a senior official—(1)whose position is at the Assistant Secretary-level or equivalent;(2)who shall carry out the duties under subsection (c); and(3)who has training in records management certified by the Archivist to assist the official in carrying out the duties under this subsection.(c)Duties of record management officialThe duties of the senior official under subsection (b) shall include the following:(1)Train employees of the Federal agency on an annual basis on—(A)the responsibilities of each such employee with respect to the management of a record; and(B)the laws, regulations, and policies of the agency with respect to the management of a record.(2)Ensure records under the control of such agency are covered by a general records schedule that is approved by the Archivist.(3)Ensure that each copy of a record transferred to a records center maintained and operated by the Archivist is transferred in accordance with any standard developed by the Archivist..(2)ApplicabilityThe amendments made by this subsection shall take effect 6 months after the date of the enactment of this Act.


116 HR 603 IH: Health Savings Account Expansion Act of 2019
U.S. House of Representatives
2019-01-16
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.

I116th CONGRESS1st SessionH. R. 603IN THE HOUSE OF REPRESENTATIVESJanuary 16, 2019Mr. Gallagher (for himself, Mr. Meadows, Mr. Tipton, and Mr. Palmer) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to expand the permissible use of health savings accounts
			 to include health insurance payments and to increase the dollar limitation
			 for contributions to health savings accounts, and for other purposes.

 1.Short titleThis Act may be cited as the Health Savings Account Expansion Act of 2019. 2.Adequate funds for health insurance plans (a)In generalSection 223(b)(1) of the Internal Revenue Code of 1986 is amended by striking the sum of the monthly and all that follows through eligible individual and inserting $9,000 (twice such amount in the case of a joint return).
			(b)Conforming amendments
 (1)Subsection (b) of such Code is amended by striking paragraphs (2), (3), and (5) and by redesignating paragraphs (4), (6), (7), and (8) as paragraphs (2), (3), (4), and (5), respectively.
 (2)Section 223(b)(2) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence.
 (3)Section 223(b)(4) of such Code (as redesignated by paragraph (1)) is amended to read as follows:  (4)Medicare eligible individualsThe limitation under this subsection for any taxable year with respect to an individual shall—
 (A)in the case of the first taxable year in which such individual is entitled to benefits under title XVIII of the Social Security Act, be the amount which bears the same proportion to the amount in effect under paragraph (1) with respect to such individual as—
 (i)the number of months in the taxable year during which such individual was not so entitled, bears to (ii)12, and
 (B)be zero for any taxable year thereafter.. (4)Section 223(g)(1) of such Code is amended—
 (A)in the matter preceding subparagraph (A) by striking Each dollar amount in subsection (b)(2) and inserting In the case of taxable years beginning after December 31, 2019, the dollar amount in subsection (b)(1); and
 (B)by amending subparagraph (B) to read as follows:  (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2018 for calendar year 2016 in subparagraph (A)(ii) thereof..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. 3.Parity with employer-provided health insurance; direct primary care (a)In generalSection 223(d)(2) of the Internal Revenue Code of 1986 is amended to read as follows:

					(2)Qualified medical expenses
 (A)In generalThe term qualified medical expenses means, with respect to an account beneficiary, amounts paid by such beneficiary for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise.
						(B)Direct primary care
 (i)In generalSuch term includes expenses for direct primary care service arrangements. (ii)Direct primary care service arrangementsFor purposes of clause (i), the term direct primary care service arrangements means an arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for primary care services..
 (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. 4.Freedom from mandate (a)In generalSection 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 3, is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively.
			(b)Conforming amendments
 (1)Subsection (a) of section 223 of such Code is amended to read as follows:  (a)Deduction allowedIn the case of an individual, there shall be allowed as a deduction for a taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual..
 (2)Subsection (b) of section 223 of such Code (as amended by section 2) is amended by striking paragraph (5).
 (3)Section 223(c)(1)(A) of such Code (as redesignated by subsection (a)) is amended— (A)by striking subsection (f)(5) and inserting subsection (e)(5); and
 (B)in clause (ii) by striking the sum of— and all that follows and inserting the dollar amount in effect under subsection (b)(1).. (4)Section 223(f)(1) of such Code (as redesignated by subsection (a)) is amended by striking subsections (b)(1) and (c)(2)(A) and inserting subsection (b)(1).
 (5)Section 26(b)(2)(U) of such Code is amended by striking section 223(f)(4) and inserting section 223(e)(4). (6)Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking section 223(d) each place it appears and inserting section 223(c).
 (7)Section 106(d)(1) of such Code is amended— (A)by striking who is an eligible individual (as defined in section 223(c)(1)); and
 (B)by striking section 223(d) and inserting section 223(c). (8)Section 408(d)(9) of such Code is amended—
 (A)in subparagraph (A) by striking who is an eligible individual (as defined in section 223(c)) and; and (B)in subparagraph (C) by striking computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution.
 (9)Section 877A(g)(6) of such Code is amended by striking 223(f)(4) and inserting 223(e)(4). (10)Section 4973(g) of such Code is amended—
 (A)by striking section 223(d) and inserting section 223(c); (B)in paragraph (2), by striking section 223(f)(2) and inserting section 223(e)(2); and
 (C)by striking section 223(f)(3) and inserting section 223(e)(3). (11)Section 4975 of such Code is amended—
 (A)in subsection (c)(6)— (i)by striking section 223(d) and inserting section 223(c); and
 (ii)by striking section 223(e)(2) and inserting section 223(d)(2); and (B)in subsection (e)(1)(E), by striking section 223(d) and inserting section 223(c).
 (12)Section 6693(a)(2)(C) of such Code is amended by striking section 223(h) and inserting section 223(g). (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019.
			5.Restoring lower penalty for nonqualified distributions
 (a)HSAsSection 223(e)(4)(A) of the Internal Revenue Code of 1986, as amended by section 4, is amended by striking 20 percent and inserting 10 percent.
 (b)Effective dateThe amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2019.


116 HR 6512 IH: Voter Notification of Timely Information about Changes in Elections Act
U.S. House of Representatives
2020-04-14
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.

I116th CONGRESS2d SessionH. R. 6512IN THE HOUSE OF REPRESENTATIVESApril 14, 2020Mr. Phillips (for himself, Ms. McCollum, Mrs. Napolitano, Mr. Deutch, Mr. Malinowski, Mr. Moulton, and Mr. Allred) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Science, Space, 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 concernedA BILLTo amend the Help America Vote Act of 2002 to require State and local election officials to conduct public education campaigns to notify individuals of changes in the administration of elections for Federal office in response to emergencies affecting public health and safety, to require the websites of such officials to be fully accessible to individuals with disabilities and to meet best practices established by the National Institute for Science and Technology for ensuring the continuing operation of such websites in the event of emergencies affecting public health and safety, and for other purposes.1.Short titleThis Act may be cited as the Voter Notification of Timely Information about Changes in Elections Act or the Voter Notice Act.2.Public education campaigns in event of changes in elections in response to emergencies(a)Requirement for election officials To conduct campaignsSection 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended—(1)by redesignating subsection (d) as subsection (e); and(2)by inserting after subsection (c) the following new subsection:(d)Public education campaigns in event of changes in elections in response to emergencies(1)RequirementIf the administration of an election for Federal office, including the methods of voting or registering to vote in the election, is changed in response to an emergency affecting public health and safety, the appropriate State or local election official shall conduct a public education campaign through at least one direct mailing to each individual who is registered to vote in the election, and through additional direct mailings, newspaper advertisements, broadcasting (including through television, radio, satellite, and the Internet), and social media, to notify individuals who are eligible to vote or to register to vote in the election of the changes.(2)Frequency and methods of providing informationThe election official shall carry out the public education campaign under this subsection at such frequency, and using such methods, as will have the greatest likelihood of providing timely knowledge of the change in the administration of the election to those individuals who will be most adversely affected by the change.(3)Language accessibilityIn the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), the appropriate election official shall ensure that the information disseminated under a public education campaign conducted under this subsection is provided in the language of the applicable minority group as well as in the English language, as required by section 203 of such Act.(4)Effective dateThis subsection shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office..(b)Conforming amendment relating to effective dateSection 302(e) of such Act (52 U.S.C. 21082(e)), as redesignated by subsection (a), is amended by striking Each State and inserting Except as provided in subsection (d), each State.3.Requirements for websites of election officials(a)RequirementsSubtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—(1)by redesignating sections 304 and 305 as sections 305 and 306; and(2)by inserting after section 303 the following new section:304.Requirements for websites of election officials(a)AccessibilityEach State and local election official shall ensure that the official public website of the official is fully accessible for individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation as the website provides for other individuals.(b)Continuing operation in case of emergencies(1)Establishment of best practices(A)In generalThe Director of the National Institute of Standards and Technology shall establish and regularly update best practices for ensuring the continuing operation of the official public websites of State and local election officials during emergencies affecting public health and safety.(B)DeadlineThe Director shall first establish the best practices required under this paragraph as soon as practicable after the date of the enactment of this section, but in no case later than August 15, 2020.(2)Requiring websites to meet best practicesEach State and local election official shall ensure that the official public website of the official is in compliance with the best practices established by the Director of the National Institute of Standards and Technology under paragraph (2).(c)Effective dateThis section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office..(b)Conforming amendment relating to adoption of voluntary guidance by Election Assistance CommissionSection 311(b) of such Act (52 U.S.C. 21101(b)) is amended—(1)by striking and at the end of paragraph (2);(2)by striking the period at the end of paragraph (3) and inserting ; and; and(3)by adding at the end the following new paragraph:(4)in the case of the recommendations with respect to section 304, as soon as practicable after the date of the enactment of this paragraph, but in no case later than August 15, 2020..(c)Conforming amendment relating to enforcementSection 401 of such Act (52 U.S.C. 21111) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III.(d)Clerical amendmentThe table of contents of such Act is amended—(1)by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and(2)by inserting after the item relating to section 303 the following new item:Sec. 304. Requirements for websites of election officials..4.Payments by Election Assistance Commission to States for costs of compliance(a)Availability of paymentsSubtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part:7Payments for Costs of Compliance With Certain Requirements Relating to Public Notification297.Payments(a)Availability and use of paymentsThe Commission shall make a payment to each eligible State to cover the costs the State incurs or expects to incur in meeting the requirements of section 302(d) (relating to public education campaigns in event of changes in elections in response to emergencies) and section 304 (relating to requirements for the websites of election officials).(b)Schedule of paymentsAs soon as practicable after the date of the enactment of this part, and not less frequently than once each calendar year thereafter, the Commission shall make payments under this part.(c)Administration of paymentsThe chief State election official of the State shall receive the payment made to a State under this part, and may use the payment for the purposes set forth in this part without intervening action by the legislature of the State.297A.Amount of payment(a)In generalThe amount of a payment made to an eligible State for a year under this part shall be determined by the Commission on the basis of the information provided by the State in its application under section 297B.(b)Continuing availability of funds after appropriationA payment made to an eligible State under this part shall be available without fiscal year limitation.297B.Requirements for eligibility(a)ApplicationEach State that desires to receive a payment under this part for a fiscal year shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require.(b)Contents of applicationEach application submitted under subsection (a) shall—(1)describe the activities for which assistance under this part is sought; and(2)provide an estimate of the costs the State has incurred or expects to incur in carrying out the provisions described in section 297, together with such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this part. 297C.Authorization of appropriationsThere are authorized to be appropriated for payments under this part such sums as may be necessary for each of the fiscal years 2020 through 2023.297D.Reports(a)Reports by recipientsNot later than the 6 months after the end of each fiscal year for which an eligible State received a payment under this part, the State shall submit a report to the Commission on the activities conducted with the funds provided during the year.(b)Reports by Commission to committeesWith respect to each fiscal year for which the Commission makes payments under this part, the Commission shall submit a report on the activities carried out under this part to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate..(b)Clerical amendmentThe table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following:Part 7—Payments for Costs of Compliance With Certain Requirements Relating to Public Notification Sec. 297. Payments. Sec. 297A. Amount of payment. Sec. 297B. Requirements for eligibility. Sec. 297C. Authorization of appropriations. Sec. 297D. Reports..