116 S4523 IS: Natural Gas Blowout Prevention, Oversight, and Liability Act of 2020
U.S. Senate
2020-08-12
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4523IN THE SENATE OF THE UNITED STATESAugust 12, 2020Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo regulate large-scale emissions of methane and natural gas, and for other purposes.1.Short titleThis Act may be cited as the Natural Gas Blowout Prevention, Oversight, and Liability Act of 2020.2.FindingsCongress finds that—(1)past oil and gas well blowouts, as well as leaks that have released natural gas, have had damaging consequences, including—(A)the California Aliso Canyon gas leak in 2015, which—(i)released 97,000 tons of methane (the primary component of natural gas); and(ii)was the largest leak of uncombusted natural gas in the history of the United States, with a carbon footprint larger than the Deepwater Horizon spill in the Gulf of Mexico;(B)the Ohio Schnegg C–7H gas blowout in 2018, which released 60,000 tons of methane; and(C)the Oklahoma Pryor Trust gas blowout in 2018, which killed 5 workers;(2)an estimated 40 well blowouts occur each year in the United States, causing—(A)environmental pollution; (B)damaging releases of methane, an extremely potent greenhouse gas that contributes to the warming climate; and(C)occasional worker deaths and injuries;(3)permitting and safety rules exist to prevent blowouts and most blowouts are preventable, yet there are still major incidents of natural gas well blowouts;(4)taxpayer money goes to paying for emergency responses to natural gas well blowouts;(5)there is no Federal record of oil and gas well blowouts or of the causes of those blowouts, which inhibits measures to prevent future blowouts; and(6)there is no mechanism at the Federal level to deter well blowouts or to ensure that companies are held responsible for those blowouts.3.DefinitionsIn this Act:(1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.(2)BlowoutThe term blowout means the loss of control of any well that leads to the release of combusted or uncombusted natural gas into the atmosphere.(3)Natural gas(A)In generalThe term natural gas means a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the surface of the Earth, of which the principal constituent is methane.(B)InclusionsThe term natural gas includes— (i)field natural gas and pipeline quality natural gas; and(ii)similarly constituted fuels, such as field gas, refinery gas, and syngas.(4)Operator(A)In generalThe term operator means— (i)if a permit is issued for the well or the well is registered for the purpose of the extraction of oil or gas, the person or entity designated as the well owner or operator, as applicable, on the application for the permit or the registration, as applicable; and(ii)if no permit is issued for the well or the well is not registered, the person or entity that—(I)locates, drills, operates, alters, or plugs the well; or(II)reconditions a well with the purpose of production of oil or gas from that well.(B)InclusionThe term operator includes a storage operator for a well, if the well is used in connection with the underground storage of gas.(5)WellThe term well means any production well, storage well, or injection well that is used in the oil and gas industry.4.Blowout reporting and fines(a)Reporting(1)In generalSubject to paragraph (2), not later than 72 hours after a blowout occurs, the operator of the well that undergoes the blowout shall submit to the Administrator a report describing the blowout, including the source of the blowout.(2)Additional reporting(A)In generalThe Administrator may require a follow-up report after the conclusion of a blowout for which a report is required to be submitted under paragraph (1).(B)InclusionsIn requiring a follow-up report under subparagraph (A), the Administrator may require the inclusion of information in that report, including—(i)the cause of the blowout; and(ii)methods by which the blowout may have been prevented.(3)Database(A)In generalThe Administrator shall establish and maintain a publicly accessible database of—(i)each blowout reported under paragraph (1); and(ii)any follow-up reports submitted to the Administrator under paragraph (2).(B)UpdatesThe Administrator shall update the database under subparagraph (A) not less frequently than once every 180 days.(b)Fines(1)Blowout(A)Base fine amounts(i)Uncombusted natural gasSubject to subparagraphs (B)(i), (C), and (D), in the case of a blowout consisting of uncombusted natural gas, the Administrator shall fine the operator of the well that undergoes the blowout $5,900 for each 100,000 standard cubic feet of uncombusted natural gas that was released as a result of the blowout.(ii)Combusted natural gasSubject to subparagraphs (B)(ii), (C), and (D), in the case of a blowout of combusted natural gas during which the natural gas was flared, the Administrator shall fine the operator of the well that undergoes the blowout $450 for each 100,000 standard cubic feet of natural gas that was flared as a result of the blowout.(B)Adjustment(i)Uncombusted natural gasThe Administrator may increase the amount described in subparagraph (A)(i) to not more than $59,000 for each 100,000 standard cubic feet of uncombusted natural gas that was released as a result of the blowout.(ii)Combusted natural gasThe Administrator may increase the amount described in subparagraph (A)(ii) to not more than $4,500 for each 100,000 standard cubic feet of natural gas that was flared as a result of the blowout.(C)Gross negligence and willful misconductIf the Administrator determines that a blowout of a well was a result of gross negligence or willful misconduct on the part of the operator of the well, the Administrator shall, as applicable—(i)increase the amount described in subparagraph (A)(i) to not less than $59,000 for each 100,000 standard cubic feet of uncombusted natural gas that was released as a result of the blowout; and(ii)increase the amount described in subparagraph (A)(ii) to not less than $4,500 for each 100,000 standard cubic feet of natural gas that was flared as a result of the blowout.(D)Determination of volume(i)In generalFor purposes of assessing a fine under subparagraph (A), the Administrator shall obtain an estimate of the volume of uncombusted natural gas that was released or the volume of combusted natural gas that was flared, as applicable, as a result of a blowout.(ii)Source of estimatesThe Administrator may obtain an estimate described in clause (i) from a relevant State regulatory agency or the operator of the well for which the fine is being assessed under subparagraph (A).(2)Failure to file reportIf an operator fails to submit a report required under subsection (a), in addition to the fine required under paragraph (1), the Administrator shall fine the operator $100,000. 5.Blowout prevention and response preparation grant program(a)In generalThe Administrator shall establish a grant program for the purpose of providing grants to eligible entities (which may include States, Indian Tribes, and units of local government) for—(1)reducing the scale and regularity of blowouts; and(2)reducing the burden to States and units of local government with respect to emergency responses to blowouts.(b)Use of fundsA grant received under subsection (a) may be used for—(1)emergency response planning with respect to blowouts;(2)enforcement of well permitting requirements, requirements for well licenses, and other well regulations;(3)inspection of wells; and(4)carrying out other activities to reduce the regularity of blowouts.(c)Funding(1)In generalOn October 1, 2021, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator to carry out this section an amount equal to the sum of all fines collected under section 4(b) during the prior fiscal year.(2)Receipt and acceptanceThe Administrator shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. 6.ReportNot later than 2 years after the date of enactment of this Act, the Chemical Safety and Hazard Investigation Board shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report—(1)describing each blowout during the 10-year period ending on the date of enactment of this Act; and(2)that includes recommendations for the reduction in the number of blowouts, including recommendations for protective well control practices.


 S1915 ENR: First Responder Anthrax Preparedness Act
U.S. Senate

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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.

One Hundred Fourteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and
			 sixteenS. 1915IN THE SENATE OF THE UNITED STATESAN ACTTo direct the Secretary of Homeland Security to make anthrax vaccines available to emergency
 response providers, and for other purposes.1.Short titleThis Act may be cited as the First Responder Anthrax Preparedness Act.2.Voluntary pre-event anthrax vaccination pilot program for emergency response providers(a)Pilot program(1)EstablishmentThe Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall carry out a pilot program to provide eligible anthrax vaccines from the Strategic National Stockpile under section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) that will be nearing the end of their labeled dates of use at the time such vaccines are made available to States for administration to emergency response providers who would be at high risk of exposure to anthrax if such an attack should occur and who voluntarily consent to such administration.(2)DeterminationThe Secretary of Health and Human Services shall determine whether an anthrax vaccine is eligible to be provided to the Secretary of Homeland Security for the pilot program described in paragraph (1) based on—(A)a determination that the vaccine is not otherwise allotted for other purposes;(B)a determination that the provision of the vaccine will not reduce, or otherwise adversely affect, the capability to meet projected requirements for this product during a public health emergency, including a significant reduction of available quantities of vaccine in the Strategic National Stockpile; and(C)such other considerations as determined appropriate by the Secretary of Health and Human Services.(3)Preliminary requirementsBefore implementing the pilot program required under this subsection, the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall—(A)establish a communication platform for the pilot program;(B)develop and deliver education and training for the pilot program;(C)conduct economic analysis of the pilot program, including a preliminary estimate of total costs and expected benefits;(D)create a logistical platform for the anthrax vaccine request process under the pilot program;(E)establish goals and desired outcomes for the pilot program; and(F)establish a mechanism to reimburse the Secretary of Health and Human Services for—(i)the costs of shipment and transportation of such vaccines provided to the Secretary of Homeland Security from the Strategic National Stockpile under such pilot program, including staff time directly supporting such shipment and transportation; and(ii)the amount, if any, by which the warehousing costs of the Strategic National Stockpile are increased in order to operate such pilot program.(4)Location(A)In generalIn carrying out the pilot program required under this subsection, the Secretary of Homeland Security shall select not fewer than 2 nor more than 5 States for voluntary participation in the pilot program.(B)RequirementEach State that participates in the pilot program under this subsection shall ensure that such participation is consistent with the All-Hazards Public Health Emergency Preparedness and Response Plan of the State developed under section 319C–1 of the Public Health Service Act (42 U.S.C. 247d–3a).(5)Guidance for selectionTo ensure that participation in the pilot program under this subsection strategically increases State and local response readiness in the event of an anthrax release, the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall provide guidance to participating States and units of local government on identifying emergency response providers who are at high risk of exposure to anthrax.(6)Distribution of informationThe Secretary of Homeland Security shall require that each State that participates in the pilot program under this subsection submit a written certification to the Secretary of Homeland Security stating that each emergency response provider within the State that participates in the pilot program is provided with disclosures and educational materials designated by the Secretary of Health and Human Services, which may include—(A)materials regarding the associated benefits and risks of any vaccine provided under the pilot program, and of exposure to anthrax;(B)additional material consistent with the Centers for Disease Control and Prevention’s clinical guidance; and(C)notice that the Federal Government is not obligated to continue providing anthrax vaccine after the date on which the pilot program ends.(7)Memorandum of understandingBefore implementing the pilot program under this subsection, the Secretary of Homeland Security shall enter into a memorandum of understanding with the Secretary of Health and Human Services to—(A)define the roles and responsibilities of each Department for the pilot program; and(B)establish other performance metrics and policies for the pilot program, as appropriate.(8)Report(A)In generalNotwithstanding subsection (c), not later than 1 year after the date on which the initial vaccines are administered under this section, and annually thereafter until 1 year after the completion of the pilot program under this section, the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall submit to the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the progress and results of the pilot program, including—(i)a detailed tabulation of the costs to administer the program, including—(I)total costs for management and administration;(II)total costs to ship vaccines;(III)total number of full-time equivalents allocated to the program; and(IV)total costs to the Strategic National Stockpile;(ii)the number and percentage of eligible emergency response providers, as determined by each pilot location, that volunteer to participate;(iii)the degree to which participants complete the vaccine regimen;(iv)the total number of doses of vaccine administered; and(v)recommendations to improve initial and recurrent participation in the pilot program.(B)Final reportThe final report required under subparagraph (A) shall—(i)consider whether the pilot program required under this subsection should continue after the date described in subsection (c); and(ii)include—(I)an analysis of the costs and benefits of continuing the program to provide anthrax vaccines to emergency response providers;(II)an explanation of the economic, health, and other risks and benefits of administering vaccines through the pilot program rather than post-event treatment; and(III)in the case of a recommendation under clause (i) to continue the pilot program after the date described in subsection (c), a plan under which the pilot program could be continued.(b)Deadline for implementationNot later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall begin implementing the pilot program under this section.(c)SunsetThe authority to carry out the pilot program under this section shall expire on the date that is 5 years after the date of enactment of this Act.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


114 HR 4681 IH: CCAMPIS Reauthorization Act
U.S. House of Representatives
2016-03-03
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4681
		IN THE HOUSE OF REPRESENTATIVES

			March 3, 2016
			Ms. Duckworth (for herself and Ms. Clark of Massachusetts) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To amend the Higher Education Act of 1965 to provide greater support to students with dependents,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Child Care Access Means Parents in School Reauthorization Act or the CCAMPIS Reauthorization Act. 2.Amendments to CCAMPISSection 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e) is amended—
 (1)in subsection (e)— (A)in paragraph (1), by amending subparagraph (B) to read as follows:

 (B)ContentsTo ensure that the reports submitted under paragraph (1) collect relevant data on the program under this section and its impact, the Secretary shall determine the contents of such reports after consultation with relevant stakeholders.
						; and
 (B)by adding at the end the following:  (3)Publication of reportsNot later than 1 year after the first report is submitted under paragraph (1), as amended by the CCAMPIS Reauthorization Act, and annually thereafter, the Secretary shall publish the reports submitted under paragraph (1) for the preceding year on the public website of the Department.
						; and
 (2)by amending subsection (g) to read as follows:  (g)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $67,000,000 for fiscal year 2017 and each succeeding fiscal year..
 3.Report by office of postsecondary educationNot later than 1 year after the date of enactment of this Act, the Secretary of Education (acting through the Office of Postsecondary Education) shall report to Congress on the plans of the Department of Education to better serve postsecondary students with dependents.


116 HR 6537 IH: Federal Immigrant Release for Safety and security Together Act
U.S. House of Representatives
2020-04-17
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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. 6537IN THE HOUSE OF REPRESENTATIVESApril 17, 2020Ms. Jayapal (for herself, Mr. Nadler, Mr. Blumenauer, Mr. Cárdenas, Ms. Judy Chu of California, Mr. Espaillat, Mr. García of Illinois, Ms. Garcia of Texas, Ms. Haaland, Mr. Hastings, Ms. Norton, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr. Kennedy, Ms. Lee of California, Mr. Lewis, Ms. Lofgren, Mr. McGovern, Ms. Moore, Ms. Omar, Mr. Pocan, Ms. Pressley, Mr. Quigley, Mr. Raskin, Mr. Rush, Ms. Schakowsky, Mr. Smith of Washington, Ms. Tlaib, Ms. Velázquez, and Mr. Welch) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the release of most aliens detained by U.S. Immigration and Customs Enforcement during a national emergency related to a communicable disease.1.Short titleThis Act may be cited as the Federal Immigrant Release for Safety and security Together Act or the FIRST Act. 2.DefinitionsIn this Act:(1)Covered health conditionThe term covered health condition, with respect to an individual, means the individual—(A)is pregnant;(B)has chronic lung disease or asthma;(C)has congestive heart failure, coronary artery disease, or hypertension;(D)has diabetes;(E)has epilepsy;(F)has a neurological condition that weakens the ability to cough;(G)has human immunodeficiency virus (HIV);(H)has chronic liver or kidney disease (including hepatitis and dialysis patients);(I)has blood disorders (including sickle cell anemia);(J)has inherited metabolic disorders;(K)had a stroke;(L)has a developmental delay;(M)has cancer or has had cancer during the last 12 months;(N)has a weakened immune system; or(O)has any other condition identified by the Centers for Disease Control and Prevention to increase the risk of serious illness from a communicable disease.(2)Covered individualThe term covered individual means an individual who—(A)is 50 years of age or older;(B)is 21 years of age or younger; or (C)has a covered health condition.(3)Enforcement actionThe term enforcement action means an apprehension or arrest for the purpose of immigration enforcement.(4)National emergency related to a communicable diseaseThe term national emergency related to a communicable disease means—(A)an emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to a communicable disease; or(B)a national emergency declared by the President under the National Emergency Act (50 U.S.C. 1610 et seq.) with respect to a communicable disease.(5)Sensitive locationThe term sensitive location means all physical space located within 1,000 feet of—(A)a medical treatment or health care facility, including a hospital, an office of a health care practitioner, an accredited health clinic, an alcohol or drug treatment center, an emergent or urgent care facility, and a community health center;(B)a location at which emergency service providers distribute food or provide shelter;(C)an organization that provides—(i)disaster or emergency social services and assistance; (ii)services for individuals experiencing homelessness, including food banks and shelters; or (iii)assistance for children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities;(D)a public assistance office, including any Federal, State, or municipal location at which individuals may apply for or receive unemployment compensation or report violations of labor and employment laws;(E)a Federal, State, or local courthouse, including the office of the legal counsel or representative of an individual;(F)a domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services provider;(G)an office of the Social Security Administration;(H)a childcare facility or a school, including a preschool, primary school, secondary school, post-secondary school up to and including a college or university, and any other institution of learning such as a vocational or trade school;(I)a church, synagogue, mosque, or any other institution of worship, such as a building rented for the purpose of a religious service;(J)the site of a funeral, wedding, or any other public religious ceremony; (K)in the case of a jurisdiction in which a shelter-in-place order is in effect during a coronavirus public health emergency, any business location considered to provide an essential service, such as a pharmacy or a grocery store; and(L)any other location specified by the Secretary of Homeland Security. 3.Release of certain covered individuals(a)ReleaseDuring the period beginning on the date on which a national emergency related to a communicable disease is declared, the Secretary of Homeland Security shall release from detention all covered individuals who are in the custody of U.S. Immigration and Customs Enforcement without requiring any covered individual to post a bond.(b)ExceptionIn carrying out subsection (a), the Secretary—(1)may not release any individual determined, by clear and convincing evidence, to be likely to pose a specific and substantial risk of causing bodily injury or using violent force against the person of another;(2)shall place, in the A-file of each individual described in paragraph (1), documentation of the determination described in such paragraph, including the evidence used to make such determination;(3)not later than 180 days after the date on which the national emergency relating to a communicable disease expires, shall submit a report to Congress that documents—(A)the demographic data (including country of origin, race, gender, age, the status and basis of removal proceedings, and criminal history) of the individuals denied release pursuant to paragraph (1); and(B)the justification for such denials; and(4)may not use the results of any determination under paragraph (1) as evidence in any underlying immigration proceeding.(c)NoticeThe Secretary shall provide notice to nonprofit organizations providing services to immigrants in the communities surrounding a detention facility if more than 25 individuals are released from such facility in a 24-hour period.4.Review of immigration files(a)Mandatory review(1)In generalNotwithstanding any other provision of law that mandates detention, the Secretary of Homeland Security shall determine whether each individual in detention who is not a covered individual will remain in detention for the duration of a national emergency. (2)ProcessNot later than 7 days after the declaration of a national emergency related to a communicable disease, the Secretary shall establish a process for reviewing the immigration files of all individuals in detention who are not covered individuals, and apply a presumption that aliens should be released based upon the need to significantly reduce the detention population due to the risk of spread of a communicable disease in congregate setting.(b)Exceptions(1)In generalIn carrying out subsection (a), the Secretary—(A)may only rebut the presumption of release based on a credible and individualized determination by clear and convincing evidence that—(i)the use of alternatives to detention, including release on recognizance or parole, will not reasonably ensure the appearance of the individual at removal proceedings; or(ii)the individual is likely to pose a specific and substantial risk of causing bodily injury or using violent force against the person of another;(B)may not release an individual with a final order of removal entered against him or her, after all appeals have been exhausted if the removal of such alien is reasonably foreseeable; and(C)may not use the results of any determination under this section as evidence in any underlying immigration proceeding.(2)Pending criminal charge or past convictionsFor purposes of paragraph (1)(A), the Secretary may not justify the continued detention of an individual solely based on the fact that the individual—(A)has a criminal charge pending against him or her; or (B)was convicted of a crime more than 5 years previously.(3)Reasonably foreseeable defined(A)In generalFor purposes of paragraph (1)(C), the removal of an alien is reasonably foreseeable if the Government—(i)has already obtained travel documents for the alien; or (ii)can demonstrate, by clear and convincing evidence, that such travel documents will likely be obtained within 10 days. (B)ExceptionFor purposes of paragraph (1)(C), the removal of an alien is not reasonably foreseeable if such removal is not likely during the period of the national emergency related to a communicable disease due to—(i)the unavailability of transportation options to the country of removal; or (ii)the refusal of the country of removal to accept the repatriation of the alien during such period.(c)ReportNot later than 180 days after the expiration of the national emergency related to a communicable disease, the Secretary of Homeland Security shall submit a report to Congress that documents—(1)the demographic data, including country of origin, race, gender, age, the status and basis of removal proceedings, and criminal history, of the individuals denied release pursuant to subsection (a); and(2)the justification for such denials. 5.Limitation on interior enforcement(a)In generalExcept as provided in subsection (c), beginning on the date on which a national emergency related to a communicable disease is declared and ending on the date that such national emergency expires, U.S. Immigration and Customs Enforcement shall take measures to prevent the spread of the communicable viral disease by suspending—(1)the requirement that individuals under supervision or enrolled in Enforcement and Removal Operations’ Intensive Supervision Appearance Program report in-person;(2)enforcement in sensitive locations without a valid judicial warrant; and(3)enforcement actions.(b)Suspension of collateral arrestsExcept as provided in subsection (c), if an individual, who is only in violation of civil immigration law, is encountered by U.S. Immigration and Customs Enforcement, the individual may be issued charging documents, but may not be taken into custody or placed in detention.(c)ExceptionThe suspensions under subsections (a)(1), (a)(3), and (b) shall not apply to individuals who are determined, by clear and convincing evidence, to be likely to pose a specific and substantial risk of causing bodily injury or using violent force against another person.6.Access to telephonic and video communication and hygiene productsDuring the period beginning on the date on which a national emergency related to a communicable disease is declared and ending on the date that is 60 days after the expiration of such national emergency, the Secretary shall ensure that—(1)all persons in the custody of U.S. Immigration and Customs Enforcement—(A)have access to telephonic or video communication at no cost to the detained individual;(B)have access to free, unmonitored phone calls, at any time, to contact attorneys or legal service providers in a sufficiently private space to protect confidentiality;(C)are permitted to receive legal correspondence by fax or email rather than postal mail; and (D)are provided sufficient soap, hand sanitizer, and other hygiene products; and(2)nonprofit organizations providing legal orientation programming or know-your-rights programming to immigrants are permitted broad and flexible access—(A)to provide group presentations by video-conference; and (B)to schedule and receive free calls or televideo conferences from individuals in custody for individual orientations. 7.Expiration of national emergency related to a communicable disease(a)In generalAny individual who has been granted release from immigration detention under this Act may not be redetained solely as a result of the expiration of the national emergency related to a communicable disease. (b)Grounds for redetentionUpon the expiration of the national emergency related to a communicable disease, the Secretary of Homeland Security may not redetain a covered individual who was released from detention pursuant to section 3 unless the Secretary, in consultation with the Director of U.S. Immigration and Customs Enforcement, determines, by clear and convincing evidence, including credible and individualized information, that—(1)the use of alternatives to detention, including release on recognizance or parole, will not reasonably ensure the appearance of the covered individual at removal proceedings; or (2)the covered individual is a threat to another person or the community. (c)Pending criminal charge or past convictionsFor purposes of subsection (b), the Secretary may not justify the redetention of a covered individual solely based on the fact that the individual—(1)has a criminal charge pending against him or her; or(2)was convicted of a crime more than 5 years previously.


115 S2178 : Inspector General Recommendation Transparency Act of 2018
U.S. Senate

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.

IC115th CONGRESS2d SessionS. 2178IN THE HOUSE OF REPRESENTATIVESMay 25, 2018Referred to the Committee on Oversight and Government ReformAN ACTTo require the Council of the Inspectors General on Integrity and Efficiency to make open
			 recommendations of Inspectors General publicly available, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Inspector General Recommendation Transparency Act of 2018. 2.Inspector General open recommendations (a)In generalThe Inspector General Act of 1978 (5 U.S.C. App.) is amended—
 (1)in section 5— (A)in subsection (a)—
 (i)in paragraph (2), by inserting the total number and before a description of; and (ii)by striking paragraph (3) and inserting the following:

 (3)the total number of open recommendations described in previous semiannual reports on which corrective action has not been completed, and an identification of each open recommendation, which shall include—
 (A)the title of each report in which an open recommendation was issued; (B)the assigned number of each open recommendation, as designated within a report described in subparagraph (A);
 (C)a short description of each open recommendation; (D)the date on which each open recommendation was submitted in final form to the head of the establishment;
 (E)if available, any cost savings if the corrective action with respect to the open recommendation were completed; and
 (F)any other information as determined appropriate by the Inspector General that clarifies the progress of implementing the open recommendation or the expected timeframe for implementation.; and
 (B)in subsection (f)— (i)paragraph (6)(B), by striking and at the end;
 (ii)in paragraph (7)(B), by striking the period at the end and inserting ; and; and (iii)by adding at the end the following:

 (8)the term open recommendation means a recommendation— (A)issued by an Inspector General of an establishment and made publicly available;
 (B)on which corrective action has not been completed by the establishment during the 1-year period following the date on which the recommendation was issued; and
 (C)that has not been otherwise closed by the Office.; and (2)in section 11(c), by adding at the end the following:

 (5)Establishment of databaseNot later than 18 months after the date on which the first semiannual report is required to be prepared under section 5(a) after the date of enactment of this paragraph, the Council shall establish and operate a publicly available database that—
 (A)is accessible via the website of the Council in a standardized, searchable format; and (B)includes—
 (i)the information on open recommendations that is required to be included in each semiannual report under section 5(a)(3); and
 (ii)any other information as determined necessary by the Council. (6)Submission of ReportsBeginning not later than 60 days after the date of enactment of this paragraph, each Inspector General of an establishment or a designated Federal entity (as defined in section 8G(a)) shall, not later than 30 days after the date on which the Inspector General issues a public report, submit to the Council the report for publication on a centralized website..
 (b)ApplicationThe amendments made by subsection (a)(1) shall apply with respect to the first semiannual report prepared under section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) after the date that is 1 year after the date of enactment of this Act.Passed the Senate May 23, 2018.Julie E. Adams,Secretary


116 HR 3780 IH: Protecting Patients and Doctors from Unlawful Robocalls Act of 2019
U.S. House of Representatives
2019-07-16
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.

I116th CONGRESS1st SessionH. R. 3780IN THE HOUSE OF REPRESENTATIVESJuly 16, 2019Mrs. Dingell (for herself and Mr. Burgess) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Federal Communications Commission to establish an advisory committee to develop best
			 practices regarding how to combat unlawful robocalls made to hospitals and
			 how hospitals can protect themselves from such calls, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Protecting Patients and Doctors from Unlawful Robocalls Act of 2019. 2.Hospital Robocall Protection Group (a)EstablishmentNot later than 180 days after the date of the enactment of this Act, the Commission shall establish an advisory committee to be known as the Hospital Robocall Protection Group.
 (b)MembershipThe Group shall be composed only of the following members: (1)An equal number of representatives from each of the following:
 (A)Voice service providers that serve hospitals. (B)Companies that focus on mitigating unlawful robocalls.
 (C)Consumer advocacy organizations. (D)Providers of one-way voice over internet protocol services described in subsection (e)(4)(B)(ii).
 (E)Hospitals. (F)State government officials focused on combatting unlawful robocalls.
 (2)One representative of the Commission. (3)One representative of the Federal Trade Commission.
 (c)Issuance of best practicesNot later than 180 days after the date on which the Group is established under subsection (a), the Group shall issue best practices regarding the following:
 (1)How voice service providers can better combat unlawful robocalls made to hospitals. (2)How hospitals can better protect themselves from such calls, including by using unlawful robocall mitigation techniques.
 (3)How the Federal Government and State governments can help combat such calls. (d)Proceeding by FCCNot later than 180 days after the date on which the best practices are issued by the Group under subsection (c), the Commission shall conclude a proceeding to assess the extent to which the voluntary adoption of such best practices can be facilitated to protect hospitals and other institutions.
 (e)DefinitionsIn this section: (1)CommissionThe term Commission means the Federal Communications Commission.
 (2)GroupThe term Group means the Hospital Robocall Protection Group established under subsection (a). (3)StateThe term State has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
 (4)Voice serviceThe term voice service— (A)means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1) of the Communications Act of 1934 (47 U.S.C. 251(e)(1)); and
 (B)includes— (i)transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine; and
 (ii)without limitation, any service that enables real-time, two-way voice communications, including any service that requires internet protocol-compatible customer premises equipment (commonly known as CPE) and permits out-bound calling, whether or not the service is one-way or two-way voice over internet protocol.


116 HR 5985 IH: Foreign Robocall Elimination Act
U.S. House of Representatives
2020-02-27
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.

I116th CONGRESS2d SessionH. R. 5985IN THE HOUSE OF REPRESENTATIVESFebruary 27, 2020Mr. Budd (for himself, Mr. Bishop of North Carolina, and Mr. Clay) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Federal Communications Commission to establish an interagency taskforce on unlawful robocalls.1.Short titleThis Act may be cited as the Foreign Robocall Elimination Act.2.Interagency taskforce on unlawful robocalls(a)EstablishmentNot later than 180 days after the date of the enactment of this Act, the Federal Communications Commission, in consultation with the Federal Trade Commission and the Attorney General, shall establish an interagency taskforce on unlawful robocalls.(b)Membership(1)In generalThe taskforce shall be composed of the following members:(A)A representative of each Federal agency that the Federal Communications Commission, in consultation with the Federal Trade Commission and the Attorney General, considers appropriate, to be appointed by the head of such agency.(B)Three representatives of private-sector entities, to be appointed as described in paragraph (2)—(i)one of whom is a representative of a provider of telephone service; and(ii)two of whom are representatives of other private-sector entities with expertise in combating unlawful robocalls and who may be technologists and technology experts.(2)Appointment of representatives of private-sector entitiesThe members of the taskforce described in paragraph (1)(B) shall be jointly appointed by the Chairman of the Federal Communications Commission, the Chairman of the Federal Trade Commission, and the Attorney General. If the Chairman of the Federal Communications Commission, the Chairman of the Federal Trade Commission, and the Attorney General cannot reach agreement regarding such an appointment, as determined by the Chairman of the Federal Communications Commission, the Chairman of the Federal Communications Commission shall make such appointment.(c)Study(1)In generalThe taskforce shall conduct a study on unlawful robocalls, including the most effective ways to combat unlawful robocalls made into the United States from outside the United States.(2)Matters to be studiedIn conducting the study required by paragraph (1), the taskforce shall—(A)compare the number of unlawful robocalls made within the United States and the number of unlawful robocalls made into the United States from outside the United States;(B)examine methods for encouraging adoption of caller authentication technology in foreign countries;(C)examine and provide information on options for countries to share caller authentication information for international calls;(D)examine how technical solutions such as caller authentication technology would improve coordination between the United States and foreign countries in combating unlawful robocalls;(E)examine ways to incentivize foreign countries to cooperate with United States law enforcement efforts to combat unlawful robocalls;(F)examine ways to incentivize providers of telephone service to take measures to combat unlawful robocalls placed across international borders; and(G)examine whether or not additional resources are needed by any Federal agency that combats unlawful robocalls or any other organization that combats unlawful robocalls, in order to more effectively combat unlawful robocalls made into the United States from outside the United States.(3)Collaboration with private sectorIn conducting the study required by paragraph (1), the taskforce shall collaborate with technologists and private-sector innovators, including through the members of the taskforce appointed under subsection (b)(2), to find solutions for combating unlawful robocalls.(d)Report to CongressNot later than 10 months after the date of the enactment of this Act, the taskforce shall submit to Congress a report on the findings of the study required by subsection (c)(1).(e)TerminationThe taskforce shall terminate on the date that is 90 days after the taskforce submits the report required by subsection (d).(f)DefinitionsIn this section:(1)Federal agencyThe term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code.(2)StateThe term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.(3)TaskforceThe term taskforce means the taskforce on unlawful robocalls established under subsection (a). (4)Unlawful robocallThe term unlawful robocall means a telephone call made in violation of—(A)section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)); or(B)a similar law of a State or a foreign country that prohibits calls made using an automatic telephone dialing system or an artificial or prerecorded voice.


110 HR 6355 IH: Air Service Improvement Act of 2008
U.S. House of Representatives
2008-06-24
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. 6355
IN THE HOUSE OF REPRESENTATIVES

June 24, 2008
Mr. Oberstar (for himself and Mr. Costello) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 49, United States Code, to provide for improvements in the quality of airline services, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Air Service Improvement Act of 2008.
(b)Table of contents

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Title I—Air service improvements
Sec. 101. Monthly air carrier reports.
Sec. 102. Air passenger service improvements.
Sec. 103. Review of air carrier flight delays, cancellations, and associated causes.
Sec. 104. European Union rules for passenger rights.
Sec. 105. Establishment of advisory committee for aviation consumer protection.
Sec. 106. Denied boarding compensation.
Sec. 107. Expansion of DOT airline consumer complaint investigations.
Title II—FAA employees
Sec. 201. Federal Aviation Administration personnel management system.
2.Amendments to title 49, United States CodeExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.
IAir service improvements
101.Monthly air carrier reports
(a)In generalSection 41708 is amended by adding at the end the following:

(c)Diverted and cancelled flights
(1)Monthly reportsThe Secretary shall require an air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight originates but is cancelled before wheels-off time.
(2)ApplicabilityAn air carrier that is required to file a monthly airline service quality performance report under subsection (b) shall be subject to the requirement of paragraph (1).
(3)ContentsA monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:
(A)For a diverted flight—
(i)the flight number of the diverted flight;
(ii)the scheduled destination of the flight;
(iii)the date and time of the flight;
(iv)the airport to which the flight was diverted;
(v)wheels-on time at the diverted airport;
(vi)the time, if any, passengers deplaned the aircraft at the diverted airport; and
(vii)if the flight arrives at the scheduled destination airport—
(I)the gate-departure time at the diverted airport;
(II)the wheels-off time at the diverted airport;
(III)the wheels-on time at the scheduled arrival airport; and
(IV)the gate arrival time at the scheduled arrival airport.
(B)For flights cancelled after gate departure—
(i)the flight number of the cancelled flight;
(ii)the scheduled origin and destination airports of the cancelled flight;
(iii)the date and time of the cancelled flight;
(iv)the gate-departure time of the cancelled flight; and
(v)the time the aircraft returned to the gate.
(4)PublicationThe Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report on the Web site of the Department of Transportation. .
(b)Effective dateThe Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a) beginning not later than 90 days after the date of enactment of this Act.
102.Air passenger service improvements
(a)In generalSubtitle VII is amended by inserting after chapter 421 the following:

423Air passenger service improvements

Sec.
42301. Emergency contingency plans.
42302. Consumer complaints.
42303. Use of insecticides in passenger aircraft.
42301.Emergency contingency plans
(a)Submission of air carrier and airport plansNot later than 90 days after the date of enactment of this section, each air carrier providing covered air transportation at a large hub airport or medium hub airport and each operator of a large hub airport or medium hub airport shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section.
(b)Covered air transportation definedIn this section, the term covered air transportation means scheduled passenger air transportation provided by an air carrier using aircraft with more than 60 seats.
(c)Air carrier plans
(1)Plans for individual airportsAn air carrier shall submit an emergency contingency plan under subsection (a) for—
(A)each large hub airport and medium hub airport at which the carrier provides covered air transportation; and
(B)each large hub airport and medium hub airport at which the carrier has flights for which it has primary responsibility for inventory control.
(2)ContentsAn emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the air carrier will—
(A)provide food, water that meets the standards of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), restroom facilities, cabin ventilation, and access to medical treatment for passengers onboard an aircraft at the airport that is on the ground for an extended period of time without access to the terminal;
(B)allow passengers to deplane following excessive delays; and
(C)share facilities and make gates available at the airport in an emergency.
(d)Airport plansAn emergency contingency plan submitted by an airport operator under subsection (a) shall contain a description of how the airport operator, to the maximum extent practicable, will provide for the deplanement of passengers following excessive delays and will provide for the sharing of facilities and make gates available at the airport in an emergency.
(e)Updates
(1)Air carriersAn air carrier shall update the emergency contingency plan submitted by the air carrier under subsection (a) every 3 years and submit the update to the Secretary for review and approval.
(2)AirportsAn airport operator shall update the emergency contingency plan submitted by the airport operator under subsection (a) every 5 years and submit the update to the Secretary for review and approval.
(f)Approval
(1)In generalNot later than 9 months after the date of enactment of this section, the Secretary shall review and approve or require modifications to emergency contingency plans submitted under subsection (a) and updates submitted under subsection (e) to ensure that the plans and updates will effectively address emergencies and provide for the health and safety of passengers.
(2)Civil penaltiesThe Secretary may assess a civil penalty under section 46301 against an air carrier or airport that does not adhere to an emergency contingency plan approved under this subsection.
(g)Minimum standardsThe Secretary may establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.
(h)Public accessAn air carrier or airport required to submit emergency contingency plans under this section shall ensure public access to such plan after its approval under this section on the Internet Web site of the carrier or airport or by such other means as determined by the Secretary.
42302.Consumer complaints
(a)Consumer complaints hotline telephone numberThe Secretary of Transportation shall establish a consumer complaints hotline telephone number for the use of passengers in air transportation.
(b)Public noticeThe Secretary shall notify the public of the telephone number established under subsection (a).
(c)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall remain available until expended.
42303.Use of insecticides in passenger aircraftNo air carrier, foreign air carrier, or ticket agent may sell in the United States a ticket for air transportation for a flight on which a insecticide has been applied in the aircraft within the last 60 days or on which an insecticide is planned to be used in the aircraft while passengers are on board the aircraft unless the air carrier, foreign air carrier, or ticket agent selling the ticket first informs the person purchasing the ticket of the application, application, or planned use of the insecticide, including the name of the insecticide. .
(b)Clerical amendmentThe analysis for subtitle VII is amended by inserting after the item relating to chapter 421 the following:

423.Air Passenger Service Improvements42301  .
(c)PenaltiesSection 46301 is amended in subsections (a)(1)(A) and (c)(1)(A) by inserting chapter 423, after chapter 421,.
(d)Applicability of requirementsExcept as otherwise specifically provided, the requirements of chapter 423 of title 49, United States Code, as added by this section, shall begin to apply 60 days after the date of enactment of this Act.
103.Review of air carrier flight delays, cancellations, and associated causes
(a)ReviewThe Inspector General of the Department of Transportation shall conduct a review regarding air carrier flight delays, cancellations, and associated causes to update its 2000 report numbered CR–2000–112 and entitled Audit of Air Carrier Flight Delays and Cancellations.
(b)AssessmentsIn conducting the review under subsection (a), the Inspector General shall assess—
(1)the need for an update on delay and cancellation statistics, such as number of chronically delayed flights and taxi-in and taxi-out times;
(2)air carriers’ scheduling practices;
(3)the need for a re-examination of capacity benchmarks at the Nation’s busiest airports; and
(4)the impact of flight delays and cancellations on air travelers, including recommendations for programs that could be implemented to address the impact of flight delays on air travelers.
(c)ReportNot later than one year after the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section, including the assessments described in subsection (b).
104.European Union rules for passenger rights
(a)In generalThe Comptroller General shall conduct a study to evaluate and compare the regulations of the European Union and the United States on compensation and other consideration offered to passengers who are denied boarding or whose flights are cancelled or delayed.
(b)Specific Study RequirementsThe study shall include an evaluation and comparison of the regulations based on costs to the air carriers, preferences of passengers for compensation or other consideration, and forms of compensation. In conducting the study, the Comptroller General shall also take into account the differences in structure and size of the aviation systems of the European Union and the United States.
(c)ReportNot later than one year after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the results of the study.
105.Establishment of advisory committee for aviation consumer protection
(a)In generalThe Secretary of Transportation shall establish an advisory committee for aviation consumer protection (in this section referred to as the advisory committee) to advise the Secretary in carrying out air passenger service improvements, including those required by chapter 423 of title 49, United States Code.
(b)MembershipThe Secretary shall appoint 8 members to the advisory committee as follows:
(1)Two representatives of air carriers required to submit emergency contingency plans pursuant to section 42301 of title 49, United States Code.
(2)Two representatives of the airport operators required to submit emergency contingency plans pursuant to section 42301 of such title.
(3)Two representatives of State and local governments who have expertise in aviation consumer protection matters.
(4)Two representatives of nonprofit public interest groups who have expertise in aviation consumer protection matters.
(c)VacanciesA vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.
(d)Travel expensesMembers of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.
(e)ChairpersonThe Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory committee.
(f)DutiesThe duties of the advisory committee shall include the following:
(1)Evaluating existing aviation consumer protection programs and providing recommendations for the improvement of such programs, if needed.
(2)Providing recommendations to establish additional aviation consumer protection programs, if needed.
(g)ReportNot later than February 1 of each of the first 2 calendar years beginning after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing—
(1)each recommendation made by the advisory committee during the preceding calendar year; and
(2)an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the Secretary’s reason for not implementing the recommendation.
106.Denied boarding compensation
(a)In generalNot later than one year after the date of enactment of this Act, the Secretary of Transportation shall issue a final regulation to modify section 250 of title 14, Code of Federal Regulations, regarding denied boarding compensation, to appropriately adjust the amount of such compensation for an aircraft with 30 or more seats.
(b)EvaluationNot later than 2 years after the date of issuance of the final regulation under this section and every 2 years thereafter, the Secretary shall evaluate the amount provided for denied boarding compensation and issue a regulation to adjust such compensation as necessary.
107.Expansion of DOT airline consumer complaint investigations
(a)In generalSubject to the availability of appropriations, the Secretary of Transportation shall investigate consumer complaints regarding—
(1)flight cancellations;
(2)compliance with Federal regulations concerning overbooking seats flights;
(3)lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;
(4)problems in obtaining refunds for unused or lost tickets or fare adjustments;
(5)incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;
(6)the rights of passengers who hold frequent flier miles or equivalent redeemable awards earned through customer-loyalty programs; and
(7)deceptive or misleading advertising.
(b)Budget needs reportThe Secretary shall provide, as an annex to its annual budget request, an estimate of resources which would have been sufficient to investigate all such claims the Department of Transportation received in the previous fiscal year. The annex shall be transmitted to Congress when the President submits the budget of the United States to the Congress under section 1105 of title 31, United States Code.
IIFAA employees
201.Federal Aviation Administration personnel management system
(a)Dispute resolutionSection 40122(a) is amended—
(1)by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and
(2)by striking paragraph (2) and inserting the following:

(2)Dispute resolution
(A)MediationIf the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative—
(i)shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this clause); or
(ii)may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.
(B)Binding arbitration
(i)Assistance from Federal Service Impasses PanelIf the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to an agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the parties) shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members.
(ii)Appointment of arbitration boardThe Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not less than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. Within 10 days of receiving the list, the parties shall each select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list within 7 days. If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person within 7 days, the parties shall make the selection by alternately striking names on the list until one arbitrator remains.
(iii)Framing issues in controversyIf the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.
(iv)HearingsThe arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect.
(v)DecisionsThe arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties.
(vi)CostsThe parties shall share costs of the arbitration equally.
(3)Ratification of agreementsUpon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(B), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C).
(4)Enforcement
(A)Enforcement actions in United States courtsEach United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of enforcement actions brought under this section. Such an action may be brought in any judicial district in the State in which the violation of this section is alleged to have been committed, the judicial district in which the Federal Aviation Administration has its principal office, or the District of Columbia.
(B)Attorney feesThe court may assess against the Federal Aviation Administration reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed. .
(b)ApplicationOn and after the date of enactment of this Act, any changes implemented by the Administrator of the Federal Aviation Administration on and after July 10, 2005, under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the exclusive bargaining representative of the employees of the Administration certified under section 7111 of title 5, United States Code, shall be null and void and the parties shall be governed by their last mutual agreement before the implementation of such changes. The Administrator and the bargaining representative shall resume negotiations promptly, and, subject to subsection (c), their last mutual agreement shall be in effect until a new contract is adopted by the Administrator and the bargaining representative. If an agreement is not reached within 45 days after the date on which negotiations resume, the Administrator and the bargaining representative shall submit their issues in controversy to the Federal Service Impasses Panel in accordance with section 7119 of title 5, United States Code, for binding arbitration in accordance with paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section).
(c)Savings clauseAll cost of living adjustments and other pay increases, lump sum payments to employees, and leave and other benefit accruals implemented as part of the changes referred to in subsection (b) may not be reversed unless such reversal is part of the calculation of back pay under subsection (d). The Administrator shall waive any overpayment paid to, and not collect any funds for such overpayment, from former employees of the Administration who received lump sum payments prior to their separation from the Administration.
(d)Back pay
(1)In generalEmployees subject to changes referred to in subsection (b) that are determined to be null and void under subsection (b) shall be eligible for pay that the employees would have received under the last mutual agreement between the Administrator and the exclusive bargaining representative of such employees before the date of enactment of this Act and any changes were implemented without agreement of the bargaining representative. The Administrator shall pay the employees such pay subject to the availability of amounts appropriated to carry out this subsection. If the appropriated funds do not cover all claims of the employees for such pay, the Administrator and the bargaining representative, pursuant to negotiations conducted in accordance with section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section), shall determine the allocation of the appropriated funds among the employees on a pro rata basis.
(2)Authorization of appropriationsThere is authorized to be appropriated $20,000,000 to carry out this subsection.
(e)Interim agreementIf the Administrator and the exclusive bargaining representative of the employees subject to the changes referred to in subsection (b) reach a final and binding agreement with respect to such changes before the date of enactment of this Act, such agreement shall supersede any changes implemented by the Administrator under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the bargaining representative, and subsections (b) and (c) shall not take effect.


114 S323 IS: Responsible Use of Taxpayer Dollars for Portraits Act of 2015
U.S. Senate
2015-01-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 323IN THE SENATE OF THE UNITED STATESJanuary 29, 2015Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo prohibit the use of Federal funds for the costs of
		  official portraits of Members of Congress, heads of executive agencies, and
 heads of agencies and offices of the legislative branch.1.Short titleThis Act may be cited as the Responsible Use of Taxpayer Dollars for Portraits Act of 2015.2.Prohibition on use of
 funds for official portraits(a)DefinitionsIn this section—(1)the term executive agency has the meaning given the term in section 133 of title 41, United States Code;(2)the term Member of Congress includes a Delegate or Resident Commissioner to Congress; and(3)the term portrait means a painting.(b)Prohibition(1)In
 generalExcept as provided in paragraph (2), no Federal funds may be used to pay for the production of a portrait of—(A)a Member of Congress;(B)the head of an executive agency; or(C)the head of an agency or office of the legislative branch.(2)Individuals in
 line of succession to presidencyNot more than $20,000 in Federal funds may be used to pay for the production of a portrait of an individual who is in the line of succession to the presidency under subsection (a), (b), or (d) of section 19 of title 3, United States Code.(c)Rules of
 constructionNothing in this Act shall be construed to prohibit—(1)the use of Federal funds to publicly display a portrait of an individual described in subsection (b)(1); or(2)the use of funds other than Federal funds to produce a portrait of an individual described in subsection (b)(1), including, in the case of a portrait of an individual described in subsection (b)(2), the use of funds other than Federal funds to pay the entire cost of producing the portrait or the portion of the cost that exceeds $20,000, if any.


109 HR 1395 IH: Protection of Children from Methamphetamine Act of 2005
U.S. House of Representatives
2005-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1395
IN THE HOUSE OF REPRESENTATIVES

March 17, 2005
Ms. Hooley introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Controlled Substances Act to provide a minimum mandatory prison sentence for manufacturing methamphetamine on properties where children reside, and for other purposes.

1.Short titleThis Act may be cited as the Protection of Children from Methamphetamine Act of 2005.
2.New minimum mandatory sentence
(a)In generalThe Controlled Substances Act is amended by inserting after section 419 (21 U.S.C. 860) the following:

419a.Minimum mandatory penalty for manufacture of methamphetamine on premises where children resideWhoever violates section 401(a)(1) by manufacturing methamphetamine or its salts, isomers or salts of isomers on premises in which an individual who is under the age of 18 years resides, shall, unless a higher minimum mandatory imprisonment applies, be imprisoned for not less than 20 years. .
(b)Clerical amendmentThe table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 419 the following new item:

419a. Minimum mandatory penalty for manufacture of methamphetamine on premises where children reside.
3.Study regarding health effects on children of exposure to process of unlawful manufacture of methamphetamine
(a)In generalWith respect to the unlawful manufacturing of methamphetamine, the Secretary of Health and Human Services shall conduct a study for the purpose of determining—
(1)to what extent food, water, air, soil, equipment, or other matter becomes contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to the process of such manufacturing; and
(2)whether any adverse health conditions result from the exposure of children to such process or to contaminated matter within the meaning of paragraph (1).
(b)Report to congressNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete the study under subsection (a) and submit to the Congress a report describing the findings of the study.
4.Grants for programs for drug-endangered children
(a)In generalThe Secretary of Health and Human Services, in collaboration with the Attorney General, shall make grants to eligible States for the purpose of carrying out programs to provide a comprehensive response to the health and mental health problems of children that are associated with living in a home in which methamphetamine is unlawfully manufactured, administered, or distributed. Such health problems include exposure to food, water, air, soil, equipment, or other matter that has become contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to such unlawful manufacturing.
(b)Eligible stateA State is an eligible State for purposes of subsection (a) if the State had more than 200 methamphetamine lab seizures in 2004, as reported by the National Clandestine Laboratory Database.
(c)Certain requirementsThe Secretary of Health and Human Services shall ensure that the procedures and services of programs carried out with grants under subsection (a) include the following:
(1)Coordination among law enforcement agencies, prosecutors, child protective services, and health professionals.
(2)Removal of children from toxic or drug-endangering environments.
(3)Medical and dental health evaluation and services, drug and toxic chemical exposure screening, and mental health evaluation and services.
(d)Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2006 and 2007. Amounts appropriated under the preceding sentence shall remain available until expended.


116 HR 6623 IH: COVID–19 Language Access Act
U.S. House of Representatives
2020-04-24
text/xml
EN
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I116th CONGRESS2d SessionH. R. 6623IN THE HOUSE OF REPRESENTATIVESApril 24, 2020Ms. Meng (for herself, Mrs. Watson Coleman, Mr. Price of North Carolina, Ms. Garcia of Texas, Ms. Schakowsky, Mr. Gonzalez of Texas, Mrs. Hayes, Mr. Rush, Mr. García of Illinois, Mr. Meeks, Ms. Johnson of Texas, Mr. Huffman, Ms. Norton, Mr. Espaillat, Ms. Castor of Florida, Ms. Shalala, Mr. Carson of Indiana, Mr. Kilmer, Mr. Serrano, Ms. Jayapal, Ms. Pressley, Mr. Danny K. Davis of Illinois, Ms. Velázquez, Mr. Cárdenas, Mr. Grijalva, Mr. McNerney, Mr. Hastings, Mr. Johnson of Georgia, Mr. Gomez, Mr. Takano, Ms. Lee of California, Mr. Horsford, Ms. Porter, Mr. Case, and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo require all Federal agencies to translate COVID–19 materials into multiple languages, and for other purposes.1.Short titleThis Act may be cited as the COVID–19 Language Access Act.2.Translation of materials(a)In generalEach Federal agency that receives Federal assistance related to the COVID–19 pandemic shall translate any English language written material prepared for the general public relating to such pandemic into the languages described in subsection (b) not later than 7 days after any such material is made available in English.(b)Languages coveredThe material described in subsection (a) shall be translated, at a minimum, into Spanish, Arabic, Cambodian, Chinese, Haitian Creole, French, Hindi, Italian, Japanese, Korean, Laotian, Russian, Tagalog, Urdu, Vietnamese, Greek, Polish, Thai, and Portuguese.(c)Definition of COVID–19 pandemicIn this section, the term COVID–19 pandemic means the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus.