		II

		109th CONGRESS

		1st Session

		S. 1815

		IN THE SENATE OF THE UNITED STATES

			October 4, 2005

			Mr. Alexander (for

			 himself and Mr. Cornyn) introduced the

			 following bill; which was read twice and referred to the

			 Committee on the

			 Judiciary

		A BILL

		To amend the Immigration and Nationality Act to prescribe

		  the binding oath or affirmation of renunciation and allegiance required to be

		  naturalized as a citizen of the United States, to encourage and support the

		  efforts of prospective citizens of the United States to become citizens, and

		  for other purposes.

		1.Short Title

			This Act may be

			 cited as the Strengthening American

			 Citizenship Act of 2005.

			2.Definitions

			In this

			 Act:

				(1)Oath of

			 allegianceThe term Oath of Allegiance means the

			 binding oath (or affirmation) of allegiance required to be naturalized as a

			 citizen of the United States, as prescribed in subsection (e) of section 337 of

			 the Immigration and Nationality Act (8 U.S.C. 1448(e)), as added by section

			 301(a)(2).

				(2)SecretaryExcept

			 as otherwise provided, the term Secretary means the Secretary of

			 Homeland Security.

				ILearning English

			101.English

			 fluency

				(a)Education

			 grants

					(1)EstablishmentThe

			 Chief of the Office of Citizenship of the Department of Homeland Security

			 (referred to in this subsection as the Chief) shall establish a

			 grant program to provide grants in an amount not to exceed $500 to assist legal

			 residents of the United States who declare an intent to apply for citizenship

			 in the United States to meet the requirements under section 312 of the

			 Immigration and Nationality Act (8 U.S.C. 1423).

					(2)Use of

			 fundsGrant funds awarded under this subsection shall be paid

			 directly to an accredited institution of higher education or other qualified

			 educational institution (as determined by the Chief) for tuition, fees, books,

			 and other educational resources required by a course on the English language in

			 which the legal resident is enrolled.

					(3)ApplicationA

			 legal resident desiring a grant under this subsection shall submit an

			 application to the Chief at such time, in such manner, and accompanied by such

			 information as the Chief may reasonably require.

					(4)PriorityIf

			 insufficient funds are available to award grants to all qualified applicants,

			 the Chief shall give priority based on the financial need of the

			 applicants.

					(5)NoticeThe

			 Secretary, upon relevant registration of a legal resident with the Department

			 of Homeland Security, shall notify such legal resident of the availability of

			 grants under this subsection for legal residents who declare an intent to apply

			 for United States citizenship.

					(b)Faster

			 citizenship for English fluencySection 316 of the Immigration

			 and Nationality Act (8 U.S.C. 1427) is amended by adding at the end the

			 following:

						(g)A legal resident

				of the United States who demonstrates English fluency, in accordance with

				regulations prescribed by the Secretary of Homeland Security, in consultation

				with the Secretary of State, will satisfy the residency requirement under

				subsection (a) upon the completion of 4 years of continuous legal residency in

				the United

				States.

						.

				102.Savings

			 provisionNothing in this Act

			 shall be construed to—

				(1)modify the English language requirements

			 for naturalization under section 312(a)(1) of the Immigration and Nationality

			 Act (8 U.S.C. 1423(a)(1)); or

				(2)influence the

			 naturalization test redesign process of the Office of Citizenship of the United

			 States Citizenship and Immigration Services (except for the requirement under

			 section 301(b) of this Act).

				IIEducation about

			 the American way of life

			201.American citizenship

			 grant program

				(a)In

			 generalThe Secretary shall

			 establish a competitive grant program to provide financial assistance

			 for—

					(1)efforts by entities (including veterans and

			 patriotic organizations) certified by the Office of Citizenship of the

			 Department of Homeland Security to promote the patriotic integration of

			 prospective citizens into the American way of life by providing civics,

			 history, and English as a second language courses, with a specific emphasis on

			 attachment to principles of the Constitution of the United States, the heroes

			 of American history (including military heroes), and the meaning of the Oath of

			 Allegiance; and

					(2)other activities approved by the Secretary

			 to promote the patriotic integration of prospective citizens and the

			 implementation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),

			 including grants—

						(A)to promote an understanding of the form of

			 government and history of the United States; and

						(B)to promote an attachment to the principles

			 of the Constitution of the United States and the well being and happiness of

			 the people of the United States.

						(b)Acceptance of

			 giftsThe Secretary may

			 accept and use gifts from the United States Citizenship Foundation, if the

			 foundation is established under section 202(a), for grants under this

			 section.

				(c)Authorization

			 of appropriationsThere are

			 authorized to be appropriated such sums as may be necessary to carry out this

			 section.

				202.Funding for the

			 Office of Citizenship

				(a)AuthorizationThe Secretary, acting through the Director

			 of the Bureau of Citizenship and Immigration Services, is authorized to

			 establish the United States Citizenship Foundation (referred to in this section

			 as the Foundation), an organization duly incorporated in the

			 District of Columbia, exclusively for charitable and educational purposes to

			 support the functions of the Office of Citizenship, which shall include the

			 patriotic integration of prospective citizens into—

					(1)American common values and traditions,

			 including an understanding of the history of the United States and the

			 principles of the Constitution of the United States; and

					(2)civic traditions of the United States,

			 including the Pledge of Allegiance, respect for the flag of the United States,

			 and voting in public elections.

					(b)Dedicated

			 funding

					(1)In

			 generalNot less than 1.5 percent of the funds made available to

			 the Bureau of Citizenship and Immigration Services (including fees and

			 appropriated funds) shall be dedicated to the functions of the Office of

			 Citizenship, which shall include the patriotic integration of prospective

			 citizens into—

						(A)American common values and traditions,

			 including an understanding of American history and the principles of the

			 Constitution of the United States; and

						(B)civic traditions of the United States,

			 including the Pledge of Allegiance, respect for the flag of the United States,

			 and voting in public elections.

						(2)Sense of

			 congressIt is the sense of Congress that dedicating increased

			 funds to the Office of Citizenship should not result in an increase in fees

			 charged by the Bureau of Citizenship and Immigration Services.

					(c)Gifts

					(1)To

			 foundationThe Foundation may

			 solicit, accept, and make gifts of money and other property in accordance with

			 section 501(c)(3) of the Internal Revenue Code of 1986.

					(2)From

			 foundationThe Office of

			 Citizenship may accept gifts from the Foundation to support the functions of

			 the Office.

					(d)Authorization

			 of appropriationsThere are

			 authorized to be appropriated such sums as may be necessary to carry out the

			 mission of the Office of Citizenship, including the patriotic integration of

			 prospective citizens into—

					(1)American common values and traditions,

			 including an understanding of American history and the principles of the

			 Constitution of the United States; and

					(2)civic traditions of the United States,

			 including the Pledge of Allegiance, respect for the flag of the United States,

			 and voting in public elections.

					203.Restriction on

			 use of fundsNo funds

			 appropriated to carry out a program under this title may be used to organize

			 individuals for the purpose of political activism or advocacy.

			204.Reporting

			 requirementThe Chief of the

			 Office of Citizenship shall submit to the Committee on Health, Education,

			 Labor, and Pensions and the Committee on the Judiciary of the Senate, and the

			 Committee on Education and the Workforce and the Committee on the Judiciary of

			 the House of Representatives, an annual report that contains—

				(1)a list of the

			 entities that have received funds from the Office of Citizenship during the

			 reporting period under this title and the amount of funding received by each

			 such entity;

				(2)an evaluation of

			 the extent to which grants received under this title and title I successfully

			 promoted an understanding of—

					(A)the English

			 language; and

					(B)American history

			 and government, including the heroes of American history, the meaning of the

			 Oath of Allegiance, and an attachment to the principles of the Constitution of

			 the United States; and

					(3)information about

			 the number of legal residents who were able to achieve the knowledge described

			 under paragraph (2) as a result of the grants provided under this title and

			 title I.

				IIICodifying the

			 oath of allegiance

			301.Oath or affirmation

			 of renunciation and allegiance

				(a)Revision of

			 oathSection 337 of the

			 Immigration and Nationality Act (8 U.S.C. 1448) is amended—

					(1)in subsection (a),

			 by striking under section 310(b) an oath and all that follows

			 through personal moral code. and inserting under section

			 310(b), the oath (or affirmation) of allegiance prescribed in subsection

			 (e).; and

					(2)by adding at the

			 end the following new subsection:

							(e)(1)Subject to paragraphs

				(2) and (3), the oath (or affirmation) of allegiance prescribed in this

				subsection is as follows: I take this oath solemnly, freely, and without

				any mental reservation. I absolutely and entirely renounce all allegiance to

				any foreign state or power of which I have been a subject or citizen. My

				fidelity and allegiance from this day forward are to the United States of

				America. I will bear true faith and allegiance to the Constitution and laws of

				the United States, and will support and defend them against all enemies,

				foreign and domestic. I will bear arms, or perform noncombatant military or

				civilian service, on behalf of the United States when required by law. This I

				do solemnly swear, so help me God..

								(2)If a person, by reason of religious

				training and belief (or individual interpretation thereof) or for other reasons

				of good conscience, cannot take the oath prescribed in paragraph (1)—

									(A)with the term oath

				included, the term affirmation shall be substituted for the term

				oath; and

									(B)with the phrase so help me

				God included, the phrase so help me God shall be

				omitted.

									(3)If a person shows by clear and convincing

				evidence to the satisfaction of the Attorney General that such person, by

				reason of religious training and belief, cannot take the oath prescribed in

				paragraph (1)—

									(A)because such person is opposed to the

				bearing of arms in the Armed Forces of the United States, the words bear

				arms, or shall be omitted; and

									(B)because such person is opposed to any

				type of service in the Armed Forces of the United States, the words bear

				arms, or and noncombatant military or shall be

				omitted.

									(4)As used in this subsection, the term

				religious training and belief—

									(A)means a belief of an individual in

				relation to a Supreme Being involving duties superior to those arising from any

				human relation; and

									(B)does not include essentially

				political, sociological, or philosophical views or a merely personal moral

				code.

									(5)Any reference in this title to

				oath or oath of allegiance under this section

				shall be deemed to refer to the oath (or affirmation) of allegiance prescribed

				under this

				subsection.

								.

					(b)History and

			 government testThe Secretary shall incorporate a knowledge and

			 understanding of the meaning of the Oath of Allegiance into the history and

			 government test given to applicants for citizenship.

				(c)Notice to

			 foreign embassiesUpon the naturalization of a new citizen, the

			 Secretary, in cooperation with the Secretary of State, shall notify the embassy

			 of the country of which the new citizen was a citizen or subject that such

			 citizen has—

					(1)renounced

			 allegiance to that foreign country; and

					(2)sworn allegiance

			 to the United States.

					(d)Effective

			 dateThe amendments made by

			 subsection (a) shall take effect on the date that is 6 months after the date of

			 enactment of this Act.

				IVCelebrating New

			 Citizens

			401.Establishment

			 of new citizens award program

				(a)EstablishmentThere

			 is established a new citizens award program to recognize citizens who—

					(1)have made an

			 outstanding contribution to the United States; and

					(2)were naturalized

			 during the 10-year period ending on the date of such recognition.

					(b)Presentation

			 authorized

					(1)In

			 generalThe President is authorized to present a medal, in

			 recognition of outstanding contributions to the United States, to citizens

			 described in subsection (a).

					(2)Maximum number

			 of awardsNot more than 10 citizens may receive a medal under

			 this section in any calendar year.

					(c)Design and

			 strikingThe Secretary of the Treasury shall strike a medal with

			 suitable emblems, devices, and inscriptions, to be determined by the

			 President.

				(d)National

			 medalsThe medals struck pursuant to this section are national

			 medals for purposes of chapter 51 of title 31, United States Code.

				402.Naturalization

			 ceremonies

				(a)In

			 generalThe Secretary of

			 Homeland Security, in consultation with the Director of the National Park

			 Service, the Archivist of the United States, and other appropriate Federal

			 officials, shall develop and implement a strategy to enhance the public

			 awareness of naturalization ceremonies.

				(b)VenuesIn

			 developing the strategy under this section, the Secretary shall consider the

			 use of outstanding and historic locations as venues for select naturalization

			 ceremonies.

				(c)Reporting

			 requirementThe Secretary of

			 Homeland Security shall annually submit a report to Congress that

			 contains—

					(1)the content of the strategy developed under

			 this section; and

					(2)the progress made towards the

			 implementation of such strategy.


110 HR 7075 IH: Emergency Fueling Station Designation Act of

U.S. House of Representatives
2008-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 7075
		IN THE HOUSE OF REPRESENTATIVES

			September 25, 2008
			Mr. Poe introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To provide Federal assistance to assist an eligible State
		  to purchase and install transfer switches and generators at designated
		  emergency service stations in hurricane zones within such
		  State.

		1.Short titleThis Act may be cited as the
			 Emergency Fueling Station Designation Act of
			 2008.
		2.Designated
			 Emergency Fueling StationsTitle II of the Robert T. Stafford Disaster
			 Relief and Emergency Assistance Act (42 U.S. C. 5131) is amended by adding at
			 the end the following:

				205.Designated
				emergency fueling stations
					(a)EstablishmentIn cooperation with eligible States, the
				Administrator shall establish a program to address the shortage of fuel along
				hurricane evacuation routes by providing funds to such States to assist in the
				purchase and installation of transfer switches and generators at designated
				emergency fueling stations selected by an eligible State.
					(b)ApplicationsTo receive Federal funds under this Act, an
				eligible State shall submit to the Administrator an application at such time
				and containing such information as the Administrator may require. Such
				application shall also include the following information from a State:
						(1)Identification of hurricane zones and
				evacuation routes for such zones in the State.
						(2)The estimated number of designated and
				adjacent emergency fueling stations as determined necessary by such State using
				population figures along hurricane evacuation routes as a guide in selecting
				such stations.
						(3)An assurance that a
				fueling station will not be selected as a designated emergency fueling station
				unless it has not less than 10 fueling positions and is located within 1 mile
				of a hurricane evacuation route.
						(4)An assurance that
				the State will publish a notice to service stations regarding the application
				and registration processes necessary to become a designated emergency fueling
				station, which may include a requirement for reimbursement from a service
				station of the non-Federal share of the purchase and installation of a transfer
				switch and generator.
						(5)An assurance that each designated emergency
				fueling station will have a generator that has the capability of running for 72
				or more hours which shall only be used in the case of a hurricane in which a
				political subdivision of a State orders an evacuation.
						(6)An assurance that the State will identify,
				through broadcast and electronic means, the locations of designated and
				adjacent emergency fueling stations.
						(7)An assurance that
				the State will designate adjacent emergency fueling stations located within 1
				mile of a hurricane evacuation route to ensure availability of fuel if a
				designated emergency fueling station is unavailable.
						(c)Federal
				shareSubject to the availability of appropriations, the
				Administrator shall make available to an eligible State that applies for funds
				under subsection (b)—
						(1)in the case of designated emergency fueling
				stations selected by such State, 50 percent of the cost for the purchase and
				installation of transfer switches and generators for such stations; and
						(2)in the case of adjacent emergency fueling
				stations selected by such State, 30 percent of the cost for the purchase and
				installation of transfer switches and generators for such stations.
						(d)DefinitionIn
				this section the following definitions apply:
						(1)the term
				eligible State means—
							(A)Alabama;
							(B)Florida;
							(C)Georgia;
							(D)Louisiana;
							(E)Mississippi;
							(F)North
				Carolina;
							(G)South
				Carolina;
							(H)Texas; and
							(I)Virginia;
				and
							(2)The term evacuation route
				means the route used when departing before or returning after a hurricane in
				which a political subdivision of a State orders an evacuation.
						(e)Authorization of
				appropriationThere are
				authorized to be appropriated to carry out this section such sums as may be
				necessary.
					.


		II

		109th CONGRESS

		1st Session

		S. 821

		IN THE SENATE OF THE UNITED STATES

			April 15, 2005

			Mr. Stevens (for

			 himself, Mr. Baucus,

			 Mr. Burns, Mr.

			 Bennett, Mr. Inouye,

			 Mr. Thomas, Ms.

			 Murkowski, Ms. Mikulski,

			 Mr. Domenici, Mr. Salazar, Mr.

			 Cochran, and Mrs. Feinstein)

			 introduced the following bill; which was read twice and referred to the

			 Committee on Banking, Housing, and Urban

			 Affairs

		A BILL

		To require the Secretary of the Treasury to mint coins in

		  commemoration of the founding of America’s National Parks, and for other

		  purposes.

		1.Short

			 titleThis Act may be cited as

			 the National Park Anniversaries-Great

			 American Spaces Commemorative Coin Act.

		2.FindingsThe Congress finds the following:

			(1)The National Park Foundation is the

			 congressionally-chartered nonprofit partner of America's National Parks.

			(2)The mission of the National Park Foundation

			 is to strengthen the enduring connection between the American people and their

			 National Parks by raising private funds, making strategic grants, creating

			 innovative partnerships, and increasing public awareness of National

			 Parks.

			(3)The parks

			 represented in this program represent some of the most beloved and treasured

			 National Parks in America.

			(4)The National Park

			 Service was established in 1916, to preserve and protect great scenic parks

			 such as Grand Canyon National Park and Yosemite National Park, and to manage

			 battlefields such as Gettysburg National Military Park and historical sites

			 such as the Lincoln Memorial.

			(5)Theodore Roosevelt

			 said that nothing short of defending this country in wartime compares in

			 importance with the great task of leaving this land even a better land for our

			 descendants than it is for us.

			(6)National Parks

			 established under the presidency of Theodore Roosevelt, such as Grand Canyon

			 National Park and Devils Tower National Monument, are the embodiment of that

			 ideal.

			3.Coin

			 specifications

			(a)$1 silver coins

			 for national parks observing historic anniversaries of their

			 foundingThe Secretary of the

			 Treasury (in this Act referred to as the Secretary) shall mint

			 and issue not more than 300,000 $1 coins for each of the National Parks

			 specified in section 4(c), each of which shall—

				(1)weigh 26.73

			 grams;

				(2)have a diameter of

			 1.500 inches; and

				(3)contain 90 percent

			 silver and 10 percent copper.

				(b)Legal

			 tenderThe coins minted under this Act shall be legal tender, as

			 provided in section 5103 of title 31, United States Code.

			(c)Numismatic

			 itemsFor purposes of sections 5134 and 5136 of title 31, United

			 States Code, all coins minted under this Act shall be considered to be

			 numismatic items.

			4.Design of

			 coins

			(a)Design

			 requirements

				(1)In

			 generalThe design of the coins minted under this Act shall be

			 developed in consultation with the National Park Foundation, and shall be

			 emblematic of the National Park being commemorated on each coin.

				(2)Designation and

			 inscriptionsOn each coin minted under this Act, there shall

			 be—

					(A)a designation of

			 the value of the coin;

					(B)an inscription of

			 the year in which the coin is minted; and

					(C)inscriptions of the

			 words Liberty, In God We Trust, United

			 States of America, and E Pluribus Unum.

					(b)Design

			 SelectionThe design for the coins minted under this Act shall

			 be—

				(1)selected by the

			 Secretary, after consultation with the Commission of Fine Arts and the National

			 Park Foundation; and

				(2)reviewed by the

			 Citizens Coinage Advisory Committee established under section 5135 of title 31,

			 United States Code.

				(c)National parks

			 To Be commemoratedThe National Parks to be commemorated in

			 accordance with this Act, the year of commemoration, and the anniversary to be

			 observed are as follows:

							Year of

					 IssuanceNational Park

					 or Park ServiceAnniversary

							2007Devils Tower National

					 Monument 100th

							2008Grand Canyon National Park

					 100th

							2010Glacier National Park

					 100th

							2011Lincoln

					 Memorial100th

							2014Yosemite National Park

					 150th

							2015Rocky Mountain National

					 Park 100th

							2016National Park

					 Service100th

							2017Denali National Park

					 100th

							2018Acadia National Park

					 100th

							2019Zion National

					 Park100th

							2020Gettysburg National

					 Military Park125th

			5.Issuance of

			 coins

			(a)Quality of

			 coinsCoins minted under this Act shall be issued in uncirculated

			 and proof qualities.

			(b)Mint

			 facilityOnly 1 facility of

			 the United States Mint may be used to strike any particular quality of the

			 coins minted under this Act.

			(c)Commencement of

			 issuanceThe Secretary may issue coins minted under this Act

			 beginning January 1 of the year of issuance, as specified in section 4(c),

			 except that the Secretary may initiate sales of such coins, without issuance,

			 before such date.

			(d)Termination of

			 minting authorityNo coins shall be minted under this Act after

			 December 31 of the year of issuance specified in section 4(c).

			6.Sale of

			 coins

			(a)Sale

			 priceNotwithstanding any other provision of law, the coins

			 issued under this Act shall be sold by the Secretary at a price equal to the

			 face value, plus the cost of designing and issuing such coins (including labor,

			 materials, dies, use of machinery, overhead expenses, and marketing).

			(b)Bulk

			 salesThe Secretary shall make bulk sales of the coins issued

			 under this Act at a reasonable discount.

			(c)Prepaid orders

			 at a discount

				(1)In

			 generalThe Secretary shall accept prepaid orders for the coins

			 minted under this Act before the issuance of such coins.

				(2)DiscountSale

			 prices with respect to prepaid orders under paragraph (1) shall be at a

			 reasonable discount.

				(d)Sales of single

			 coins and sets of coinsCoins of each design specified under

			 section 4(c) may be sold separately or as a set containing other coins

			 authorized by this Act.

			7.Surcharges

			(a)Surcharge

			 requiredAll sales of coins issued under this Act shall include a

			 surcharge of $10 per coin.

			(b)DistributionSubject

			 to section 5134(f) of title 31, United States Code, all surcharges received by

			 the Secretary from the sale of coins issued under this Act shall be promptly

			 paid by the Secretary to the National Park Foundation for use as

			 follows:

				(1)50

			 percent of the surcharges received shall be used by the National Park

			 Foundation in support of all National Parks.

				(2)50 percent of the surcharges received shall

			 be used by the National Park Foundation for the benefit of the National Parks

			 designated in section 4(c) (in addition to any amount allocable to any such

			 Park from expenditures of amounts under paragraph (1)).

				(c)AuditsThe

			 National Park Foundation shall be subject to the audit requirements of section

			 5134(f)(2) of title 31, United States Code, with regard to the amounts received

			 by the Foundation under subsection (b).

			8.Financial

			 assurances

			(a)No net cost to

			 the GovernmentThe Secretary shall take such actions as may be

			 necessary to ensure that minting and issuing coins under this Act will not

			 result in any net cost to the United States Government.

			(b)Payment for

			 coinsA coin shall not be issued under this Act unless the

			 Secretary has received—

				(1)full payment for

			 the coin;

				(2)security

			 satisfactory to the Secretary to indemnify the United States for full payment;

			 or

				(3)a guarantee of

			 full payment satisfactory to the Secretary from a depository institution, the

			 deposits of which are insured by the Federal Deposit Insurance Corporation or

			 the National Credit Union Administration Board.


110 HR 5448 IH: Full Faith in Veterans Act of

U.S. House of Representatives
2008-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5448
		IN THE HOUSE OF REPRESENTATIVES

			February 14, 2008
			Mr. Allen (for
			 himself and Mr. Michaud) introduced
			 the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to improve the
		  disability compensation evaluation procedure of the Secretary of Veterans
		  Affairs for veterans with post-traumatic stress disorder, to improve the
		  diagnosis and treatment of post-traumatic stress disorder by the Secretary of
		  Veterans Affairs, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Full Faith in Veterans Act of
			 2008.
		2.FindingsCongress makes the following
			 findings:
			(1)Men and women who serve in the Armed Forces
			 make great sacrifices for the Nation and for freedom.
			(2)The Nation takes
			 great pride in the integrity of members of the Armed Forces and places full
			 faith and confidence in these men and women serving in the Armed Forces.
			(3)The Nation should
			 extend such full faith to the integrity of those men and women when they make
			 claims for disability compensation related to their service.
			(4)In the spirit of
			 the Armed Forces’ pledge never to leave a man behind, the Nation should never
			 leave a veteran behind.
			(5)Military service
			 is inherently dangerous and stressful whether during peacetime or during
			 war.
			(6)Post-traumatic
			 stress disorder (referred to in this section as PTSD) is a
			 debilitating mental health condition linked to military service that the
			 Secretary of Veterans Affairs should make every effort to diagnose and
			 effectively treat.
			(7)It is recognized in the medical community
			 that PTSD can onset at anytime after a traumatic event, and the course of the
			 disorder can contain periods of both relapse and remission.
			(8)Denial by the
			 Secretary of Veterans Affairs of claims for disability compensation for PTSD
			 due to incomplete military records does a disservice to those who have
			 honorably served the country.
			(9)Military records
			 that would validate such claims may have been lost due to no fault of the
			 veteran.
			(10)Due to the
			 dangerous and fast-paced environment in which the members of the Armed Forces
			 operate, not every significant and possibly traumatic incident in the life and
			 service of each member is chronicled accurately or completely.
			(11)Evaluations for disability compensation for
			 PTSD often place veterans under the additional hardship of reliving traumatic
			 events by describing them to unfamiliar medical professionals.
			(12)According to the
			 Institute of Medicine and representatives of certain veterans’ service
			 organizations, evaluations for pension and disability compensation for PTSD are
			 sometimes completed in as little as 20 minutes, despite recommendations of the
			 mental health community that evaluations should take place over a period of one
			 hour or more.
			(13)The Veterans’ Disability Benefits
			 Commission, established pursuant to title XV of the National Defense
			 Authorization Act for Fiscal Year 2004, issued recommendations to improve the
			 care, compensation, and treatment of veterans diagnosed with PTSD, including
			 updating the schedule for rating disabilities under section 1155 of title 38,
			 United States Code, establishing new criteria for the diagnosis and treatment
			 of PTSD, and using a holistic approach to treat veterans with PTSD that
			 incorporates treatment, compensation, and vocational assessment.
			3.Standard of proof
			 for service-connection of post-traumatic stress disorder
			(a)Standard of
			 proofSection 1154 of title
			 38, United States Code, is amended by adding at the end the following new
			 subsection:

					(c)The Secretary shall
				accept as sufficient proof of service-connection of post-traumatic stress
				disorder alleged to have been incurred in or aggravated by service in the
				active military, naval, or air service a diagnosis of post-traumatic stress
				disorder by a mental health professional together with a written determination
				by the professional that such disorder is related to the veteran’s service, if
				consistent with the circumstances, conditions, or hardships of such service,
				notwithstanding the fact that there is no official record of such incurrence or
				aggravation in such service, and, to that end, shall resolve every reasonable
				doubt in favor of the veteran. Service-connection of post-traumatic stress
				disorder may be rebutted by clear and convincing evidence to the contrary. In
				the case of such a rebuttal, the Secretary shall make all documents related to
				the service-connection of the veteran’s disability available to the
				veteran.
					.
			(b)ApplicabilitySubsection (c) of section 1154 of title 38,
			 United States Code, shall apply with respect to any claim for disability
			 compensation under laws administered by the Secretary of Veterans Affairs for
			 which no final decision has been made before the date of the enactment of this
			 Act.
			4.Improvement of
			 Department of Veterans Affairs evaluations of claims relating to post-traumatic
			 stress disorder
			(a)Certification
			 and training for certain employees
				(1)Certification
			 program
					(A)Certification
			 requiredThe Secretary of Veterans Affairs shall require covered
			 employees to successfully complete a certification program established by the
			 Secretary. Such program shall include a periodic recertification
			 requirement.
					(B)Covered
			 employeesFor the purposes of this paragraph, a covered
			 employee is an employee of the Department of Veterans Affairs who is
			 responsible for rating disabilities, evaluating claims for disability
			 compensation for post-traumatic stress disorder, or adjudicating disability
			 compensation ratings.
					(C)Program
			 requirementsThe certification program under subparagraph (A)
			 shall—
						(i)provide
			 specialized training on the psychological and medical issues (including
			 comorbidities) that characterize individuals with post-traumatic stress
			 disorder and give guidance on how to appropriately manage commonly encountered
			 problems in evaluating and rating such disorder; and
						(ii)incorporate the recommendations contained
			 in the Best Practice Manual for Post-Traumatic Stress Disorder (PTSD)
			 Compensation and Pension Examinations issued by the National Center for
			 Post-Traumatic Stress Disorder of the Department of Veterans Affairs.
						(D)Review of
			 requirementsThe Secretary shall regularly review and update the
			 requirements for successfully completing the certification program under
			 subparagraph (A) to take into consideration medical advances and to reflect
			 lessons learned.
					(2)Training
			 programThe Secretary of Veterans Affairs shall provide training
			 to support the certification program required under paragraph (1).
				(b)Audits of
			 examinationsThe Secretary of Veterans Affairs shall conduct
			 audits of the examinations conducted by employees of the Department of Veterans
			 Affairs of veterans who submit claims for disability compensation for
			 post-traumatic stress disorder to ensure that such employees are taking
			 sufficient time necessary to diagnose and accurately rate the disorder.
			(c)Update of
			 schedule for rating disabilitiesNot later than 90 days after the
			 date of the enactment of this Act, the Secretary of Veterans Affairs shall
			 begin updating the schedule for rating disabilities under section 1155 of title
			 38, United States Code. The Secretary shall begin by updating the schedule with
			 respect to post-traumatic stress disorder, traumatic brain injury, and other
			 mental disorders. The Secretary shall complete such update not later than five
			 years after the date of the enactment of this Act.
			(d)New criteria for
			 post-traumatic stress disorderThe Secretary of Veterans Affairs shall
			 implement the criteria of the Diagnostic and Statistical Manual of Mental
			 Disorders, 4th Edition, specific to post-traumatic stress disorder and use such
			 criteria for the purpose of rating post-traumatic stress disorder pursuant to
			 the schedule for rating disabilities under section 1155 of title 38, United
			 States Code.
			(e)Holistic
			 approach requiredThe Secretary of Veterans Affairs shall
			 implement a holistic approach for providing treatment for veterans with
			 post-traumatic stress disorder. Such approach shall combine treatment for
			 post-traumatic stress disorder, compensation, and vocational assessment.
			(f)Treatment of
			 mental health recordsThe
			 Secretary of Veterans Affairs shall require an employee of the Department of
			 Veterans Affairs who is responsible for adjudicating disability compensation
			 ratings, in developing evidence for a claim for disability compensation to take
			 into consideration the following:
				(1)In the case of a veteran who has visited a center for the provision of
			 readjustment counseling and related mental health services under section 1712A
			 of title 38, United States Code, any treatment records of the veteran from that
			 center.
				(2)In the case of a
			 veteran who has received mental health services from a mental health
			 professional, any written opinion of that mental health professional submitted
			 to the Department by the veteran.
				(g)Consideration of
			 certain materialsIn carrying out subsections (c), (d), and (e),
			 the Secretary of Veterans Affairs shall consider materials on post-traumatic
			 stress disorder and mental health provided by the National Center on
			 Post-Traumatic Stress Disorder of the Department of Veterans Affairs and the
			 Institute of Medicine.
			(h)EmployeeFor
			 purposes of this section, the term employee of the Department of
			 Veterans Affairs includes an employee of any entity with which the
			 Secretary of Veterans Affairs has entered into a contract for the provision of
			 conducting examinations or rating disabilities for purposes of determining the
			 amount of disability compensation to be provided to a veteran under laws
			 administered by the Secretary.
			5.Report to
			 CongressNot later than two
			 years after the date of the enactment of this Act, the Secretary of Veterans
			 Affairs shall submit to Congress a report on the implementation of this Act and
			 the amendments made by this Act. Such report shall include any evidence of
			 fraud or abuse relating to any provision of this Act or amendment made by this
			 Act.


117 S1806 IS: Biodiesel Tax Credit Extension Act of 2021
U.S. Senate
2021-05-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1806IN THE SENATE OF THE UNITED STATESMay 25, 2021Mr. Grassley (for himself, Ms. Cantwell, Ms. Ernst, Ms. Klobuchar, Mr. Marshall, Mrs. Shaheen, Mrs. Fischer, Mrs. Murray, Mr. Rounds, Ms. Smith, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to extend tax incentives for biodiesel and renewable diesel.1.Short titleThis Act may be cited as the Biodiesel Tax Credit Extension Act of 2021.2.Extension of tax incentives for biodiesel and renewable diesel(a)Income tax credit(1)In generalSection 40A(g) is amended by striking December 31, 2022 and inserting December 31, 2025.(2)Effective dateThe amendment made by this subsection shall apply to fuel sold or used after December 31, 2022.(b)Excise tax incentives(1)Termination(A)In generalSection 6426(c)(6) is amended by striking December 31, 2022 and inserting December 31, 2025.(B)PaymentsSection 6427(e)(6)(B) is amended by striking December 31, 2022 and inserting December 31, 2025.(2)Effective dateThe amendments made by this subsection shall apply to fuel sold or used after December 31, 2022.


117 HR 448 IH: Energy Resilient Communities Act
U.S. House of Representatives
2021-01-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 448IN THE HOUSE OF REPRESENTATIVESJanuary 25, 2021Ms. Barragán (for herself, Ms. Clarke of New York, Mr. Sires, Mr. Espaillat, Ms. Moore of Wisconsin, Mr. Blumenauer, Ms. Schakowsky, Mr. Lawson of Florida, Ms. Norton, Mr. Khanna, Mrs. Hayes, Mr. Hastings, Mr. Tonko, Mr. Huffman, Ms. Velázquez, Ms. Pingree, Mr. Nadler, Mr. Suozzi, Ms. Meng, Mr. Welch, Ms. Houlahan, Ms. Sherrill, Mr. Foster, Mr. Michael F. Doyle of Pennsylvania, Mrs. Carolyn B. Maloney of New York, Mr. Thompson of Mississippi, Ms. Castor of Florida, Mrs. Watson Coleman, Mr. Cleaver, Ms. Bush, Mr. Carson, Ms. Matsui, Ms. Tlaib, Mr. García of Illinois, Mr. McNerney, Ms. Ocasio-Cortez, Mr. Smith of Washington, Mr. Cárdenas, Mr. Kim of New Jersey, and Mr. Bowman) introduced the following bill; which was referred to the Committee on Energy and Commerce, 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 direct the Secretary of Energy to carry out a grant program to improve the energy resilience, energy democracy, and security of communities, prioritizing environmental justice communities, and for other purposes.1.Short titleThis Act may be cited as the Energy Resilient Communities Act. 2.Clean energy microgrid grant program(a)In generalThe Secretary of Energy shall establish and carry out a program to provide grants to eligible entities.(b)Use of fundsAn eligible entity may use a grant provided under the program established pursuant to subsection (a) to—(1)obtain technical assistance to—(A)upgrade building codes and standards for resiliency to climate change hazards (including wildfires, flooding, sea level rise, landslides, drought, storms, temperature extremes, and other extreme weather events);(B)develop a FEMA Hazard Mitigation Plan to identify and overcome known climate change hazards to critical community infrastructure; or(C)conduct a needs assessment of prospective clean energy microgrid projects and, as applicable, design prospective clean energy microgrids, including assistance to address permitting and siting challenges, understand and facilitate financing options, and understand the technical characteristics of clean energy microgrids; (2)provide community outreach and collaborative planning with respect to a prospective project described in paragraph (3); or (3)carry out a project to develop and construct—(A)a clean energy microgrid that supports critical community infrastructure; or(B)a clean energy microgrid for residences of medical baseline customers.(c)Priority(1)In generalIn providing grants under the program established pursuant to subsection (a), the Secretary of Energy shall give priority to an eligible entity that proposes to use a grant to obtain technical assistance described in subsection (b)(1), provide outreach described in subsection (b)(2), or carry out a project described in subsection (b)(3), that will benefit an environmental justice community.(2)Technical assistance and community outreach grantsAfter priority given under paragraph (1), in providing grants to obtain technical assistance described in subsection (b)(1) or provide outreach described in subsection (b)(2), the Secretary of Energy shall give priority to an eligible entity proposing to obtain technical assistance or provide outreach that the Secretary of Energy determines will further the development of clean energy microgrids that are community-owned energy systems. (3)Clean energy microgrid grantsAfter priority given under paragraph (1), in providing grants under the program established pursuant to subsection (a) for projects described in subsection (b)(3), the Secretary of Energy shall give priority to an eligible entity that—(A)proposes to develop and construct a clean energy microgrid that, in comparison to other clean energy microgrids for which grants are sought under such program, will result in the greatest reduction—(i)of greenhouse gas emissions;(ii)of emissions of criteria air pollutants; (iii)in public health disparities in communities experiencing a disproportionate level of air pollution; or(iv)in the energy cost burden for communities;(B)proposes to develop and construct a clean energy microgrid that is a community-owned energy system;(C)proposes to develop and construct a clean energy microgrid that, in comparison to other clean energy microgrids for which grants are sought under such program, will provide the greatest amount of resiliency benefits to a jurisdiction in which the microgrid is located;(D)proposes to develop and construct a clean energy microgrid that minimizes land use impacts by—(i)siting sources of clean energy within the already-built environment, including over rooftops and parking lots;(ii)siting sources of clean energy on existing brownfield sites or contaminated sites;(iii)co-locating sources of clean energy on agricultural lands or over reservoirs; or(iv)siting sources of clean energy on compatible lands;(E)proposes to, in developing and constructing a clean energy microgrid, utilize or involve small businesses or nonprofits that primarily operate or are located within environmental justice communities, particularly those that are women-owned and operated or minority-owned and operated;(F)has previously received a grant to obtain technical assistance under such program;(G)imposes registered apprentice utilization requirements on projects, provided that such requirements comply with the apprentice to journey worker ratios established by the Department of Labor or the applicable State Apprenticeship Agency; or(H)proposes to develop and construct a clean energy microgrid in an area designated nonattainment and classified as an Extreme Area or Severe Area for one or more criteria air pollutants.(d)Educational outreach program(1)In generalNot later than 90 days after funds are made available to carry out this section, the Secretary of Energy shall develop and carry out an educational outreach program to inform eligible entities about the program established pursuant to subsection (a).(2)ContractsThe Secretary of Energy may enter into third-party contracts to implement the educational outreach program under paragraph (1). In entering into contracts pursuant to this paragraph, the Secretary shall prioritize entering into contracts with women-owned and operated or minority-owned and operated entities. (3)PriorityThe educational outreach program under paragraph (1) shall prioritize—(A)providing information on the program established pursuant to subsection (a) to eligible entities that serve an environmental justice community and to environmental justice communities; and(B)promoting public understanding of the community benefits of clean energy microgrids for critical community infrastructure.(e)Cost share(1)In generalExcept as provided in paragraph (2), the Federal share of the cost of technical assistance, outreach, or a project for which a grant is provided pursuant to the program established pursuant to subsection (a) shall not exceed 60 percent of such cost. (2)Environmental justice communityThe Federal share of the cost of technical assistance that is obtained for, outreach that is provided to, or a project that is carried out in, an environmental justice community, and for which a grant is provided pursuant to the program established pursuant to subsection (a) shall not exceed 90 percent of such cost.(f)Limitation on amountThe amount of a grant provided to an eligible entity under this section to carry out a project described in subsection (b)(3) may not exceed $10,000,000.(g)Use of American iron, steel, and manufactured goods(1)No funds authorized under this section shall be made available with respect to a project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.(2)Paragraph (1) shall not apply in any case or category of cases in which the Secretary of Energy finds that—(A)applying paragraph (1) would be inconsistent with the public interest;(B)iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or(C)inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.(3)If the Secretary of Energy receives a request for a waiver under this subsection, the Secretary shall make available to the public on an informal basis a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available by electronic means, including on the official public website of the Department of Energy.(4)This subsection shall be applied in a manner consistent with the United States obligations under international agreements.(h)Prevailing wagesAll laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.(i)Project laborAn eligible entity that uses a grant provided under this section to construct a clean energy microgrid shall ensure, to the greatest extent practicable, that any subgrantee of such eligible entity, and any subgrantee thereof, that carries out such construction employs at least 40 percent of laborers or mechanics for such construction that are individuals who—(1)are domiciled, if the applicable construction area is—(A)a major urban area, not further than 15 miles from such construction area; or(B)not a major urban area, not further than 50 miles from such construction area;(2)are displaced and unemployed energy workers;(3)are members of the Armed Forces serving on active duty, separated from active duty, or retired from active duty;(4)have been incarcerated or served time in a juvenile or adult detention or correctional facility, or been placed on probation, community supervision, or in a diversion scheme;(5)have a disability;(6)are homeless;(7)are receiving public assistance;(8)lack a general education diploma or high school diploma;(9)are emancipated from the foster care system;(10)reside or work in an environmental justice community; or (11)are registered apprentices with fewer than 15 percent of the required graduating apprentice hours in a program.(j)ReportsThe Secretary of Energy shall submit to Congress, and make available on the public website of the Department of Energy, an annual report on the program established pursuant to subsection (a) that includes, with respect to the previous year—(1)the number of grants provided;(2)the total dollar amount of all grants provided; (3)a list of grant disbursements by State; (4)for each grant provided—(A)a description of the technical assistance obtained, outreach provided, or project carried out with grants funds; and(B)whether the grant is provided to obtain technical assistance, provide outreach, or carry out a project with respect to an environmental justice community; and(5)for each grant provided to carry out a clean energy microgrid project—(A)employment data for such project, including the number of jobs created and what percent of laborers and mechanics hired for such project meet the criteria under subsection (i); (B)the greenhouse gas and criteria air pollutant reduction impacts for such project; (C)the public health benefits from such project; and(D)the reduced energy cost burden from such project.(k)Funding(1)Authorization of appropriationsFor each of fiscal years 2022 through 2031, there is authorized to be appropriated—(A)$50,000,000 for grants for technical assistance described in subsection (b)(1) and outreach described in subsection (b)(2); and(B)$1,500,000,000 for grants for projects described in subsection (b)(3).(2)Community-owned energy systemsTo the maximum extent practicable, not less than 10 percent of the amount appropriated under paragraph (1)(B) for any fiscal year shall be used to provide grants for projects to develop and construct clean energy microgrids that are community-owned energy systems.(3)Administrative expenses(A)Technical assistance and outreachThe Secretary may use not more than 2 percent of the amount appropriated for any fiscal year under paragraph (1)(A) for administrative expenses. (B)Clean energy microgrid projectsThe Secretary may use not more than 2 percent of the amount appropriated for any fiscal year under paragraph (1)(B) for administrative expenses, including expenses for carrying out the educational outreach program under subsection (d).(l)DefinitionsIn this section:(1)Clean energyThe term clean energy means electric energy generated from solar, wind, geothermal, existing hydropower, micro-hydropower, hydrokinetic, or hydrogen fuel cells.(2)Community of colorThe term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located:(A)Black.(B)African American.(C)Asian. (D)Pacific Islander.(E)Other non-White race.(F)Non-White Hispanic. (G)Latino. (H)Linguistically isolated.(3)Community-owned energy systemThe term community-owned energy system means an energy system owned—(A)by the local government where the system is located;(B)by a nonprofit organization that is based in the local jurisdiction where the energy system is located;(C)collectively, by community members; or(D)by a worker-owned or community-owned for-profit entity.(4)Compatible landThe term compatible land means land that is at least 5 miles away from existing protected areas and within 3 miles of existing transmission infrastructure.(5)Critical community infrastructureThe term critical community infrastructure means infrastructure that is necessary to providing vital community and individual functions, including—(A)schools;(B)town halls;(C)public safety facilities;(D)hospitals;(E)health clinics;(F)community centers;(G)community nonprofit facilities providing essential services; (H)libraries;(I)grocery stores;(J)emergency management facilities;(K)water systems;(L)homeless shelters; (M)senior housing; and(N)public or affordable housing.(6)Eligible entityThe term eligible entity means—(A)a State, territory of the United States, or Tribal agency;(B)a local government or political subdivision of a State, including a municipally owned electric utility and an agency, authority, corporation, or instrumentality of a State or Indian Tribe;(C)an electric utility;(D)a nonprofit organization; or(E)a partnership between—(i)a private entity, or a nonprofit organization, that owns critical community infrastructure; and(ii)a State, territory of the United States, Tribal agency, or local government.(7)Environmental justice communityThe term environmental justice community means a 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.(8)Low-income communityThe term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of—(A)an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B)200 percent of the Federal poverty line.(9)Major urban areaThe term major urban area means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000.(10)Medical baseline customerThe term medical baseline customer means a customer of an electric utility with special energy needs due to a medical condition, including energy needs for—(A)a motorized wheelchair;(B)a ventilator;(C)a dialysis machine;(D)an apnea monitor;(E)an electrostatic nebulizer;(F)a respirator;(G)medication requiring refrigeration; and(H)for a customer with a vulnerable respiratory system, an air cleaning system.(11)MicrogridThe term microgrid means an interconnected system of loads and clean energy resources (including distributed energy resources, energy storage, demand response tools, and other management, forecasting, and analytical tools) which—(A)is appropriately sized to meet the critical needs of its customers;(B)is contained within a clearly defined electrical boundary and has the ability to operate as a single and controllable entity;(C)has the ability to—(i)connect to, disconnect from, or run in parallel with the applicable grid region; or(ii)be managed and isolated from the applicable grid region in order to withstand larger disturbances and maintain the supply of electricity to a connected location; (D)has no point of interconnection to the applicable grid region with a throughput capacity in excess of 20 megawatts; and(E)can connect to one building or multiple interconnected buildings.(12)Micro-hydropowerThe term micro-hydropower means hydropower that produces no more than 100 kilowatts of electricity using the natural flow of water.(13)Produced in the United StatesThe term produced in the United States means, in the case of iron or steel, that all manufacturing processes, including the application of a coating, occur in the United States.(14)Registered apprenticeThe term registered apprentice means a person in an apprenticeship program that is registered with, and approved by, the United States Department of Labor or a State Apprenticeship Agency in accordance with parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on January 1, 2020).(15)Small businessThe term small business has the meaning given the term small business concern under section 3 of the Small Business Act (15 U.S.C. 632). (16)Tribal and indigenous communityThe term Tribal and indigenous community means a population of people who are members of—(A)a federally recognized Indian Tribe; (B)a State-recognized Indian Tribe; (C)an Alaska Native or Native Hawaiian community or organization; or(D)any other community of indigenous people located in a State.


116 S1680 IS: Service Member’s Occupational and Environmental Transparency Health Act
U.S. Senate
2019-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1680IN THE SENATE OF THE UNITED STATESMay 23 (legislative day, May 22), 2019Mr. Tester (for himself, Mrs. Blackburn, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to enhance recordkeeping with respect to exposure by members
			 of the Armed Forces to certain occupational and environmental hazards
 while deployed overseas, and for other purposes.1.Short titleThis Act may be cited as the Service Member’s Occupational and Environmental Transparency Health Act or the OATH Act.2.Information required to be added to medical records of certain members of the Armed Forces(a)Occupational and environmental health risks in deployment area(1)Elements of medical tracking systemSubsection (b)(1)(A) of section 1074f of title 10, United States Code, is amended—(A)in clause (ii), by striking and at the end;(B)in clause (iii), by striking the period at the end and inserting ; and; and(C)by adding at the end the following new clause:(iv)accurately record any exposure to occupational and environmental health risks during the course of their deployment..(2)RecordkeepingSubsection (c) of such section is amended by inserting after deployment area the following: (including the results of any assessment performed by the Secretary of occupational and environmental health risks for such area).(3)Effective dateThe amendments made by this subsection shall take effect on the date of the enactment of this subsection.(b)Burn pit registry(1)Updates to electronic health recordsBeginning not later than one year after the date of the enactment of this Act—(A)the Secretary of Defense shall ensure that the electronic health record maintained by such Secretary of a member of the Armed Forces registered with the burn pit registry is updated with any information contained in such registry; and(B)the Secretary of Veterans Affairs shall ensure that the electronic health record maintained by such Secretary of a veteran registered with the burn pit registry is updated with any information contained in such registry.(2)Burn pit registry definedIn this subsection, the term burn pit registry means the registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).3.Additional requirements for postdeployment medical examination and health reassessments(a)Postdeployment medical examination and reassessmentsSection 1074f of title 10, United States Code, as amended by section 2, is further amended by adding at the end the following new subsection:(g)Additional requirements for postdeployment medical examinations and health reassessments(1)The Secretary of Defense shall—(A)standardize and make available to a provider that conducts a postdeployment medical examination or reassessment under the system described in subsection (a) questions relating to occupational and environmental health exposure; and(B)prior to an examination or reassessment of a member of the armed forces, require such provider to review information applicable to such member—(i)in a Periodic Occupational and Environmental Monitoring Summary (or any successor document); and(ii)on the Defense Occupational and Environmental Health Readiness System (or any successor system).(2)The Secretary shall ensure that the medical record of a member includes information on the external cause relating to a diagnosis of the member, including by associating an external cause code (as issued under the International Statistical Classification of Diseases and Related Health Problems, 10th Revision (or any successor revision))..(b)Effective dateThe amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this section.4.Report by Comptroller General of the United States(a)ReportNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report containing an evaluation of the implementation of this Act (and the amendments made by this Act), including an assessment of the extent to which the Secretary of Defense and Secretary of Veterans Affairs are in compliance with the applicable requirements of this Act (and the amendments made by this Act).(b)Congressional defense committees definedIn this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.


117 HR 2770 IH: Healthy Flights Act of 2021
U.S. House of Representatives
2021-04-22
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.

I117th CONGRESS1st SessionH. R. 2770IN THE HOUSE OF REPRESENTATIVESApril 22, 2021Mr. DeFazio (for himself, Mr. Larsen of Washington, Ms. Brownley, Mr. Carbajal, Mr. Cohen, Mr. DeSaulnier, Mr. Garamendi, Ms. Johnson of Texas, Mr. Kahele, Mr. Lowenthal, Ms. Newman, Ms. Norton, Mr. Payne, Mr. Sires, Ms. Strickland, Ms. Titus, and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, to provide for aviation system enhancements during public health emergencies, and for other purposes.1.Short titleThis Act may be cited as the Healthy Flights Act of 2021.2.Aviation system enhancements during public health emergencies(a)Public health emergenciesPart E of subtitle VII of title 49, United States Code, is amended by adding at the end the following: 502Public health emergencies50201. Authority of the FAA Administrator. 50202. Protective masks among airline passengers on board aircraft during public health emergencies. 50203. Protective masks in airports during public health emergencies. 50204. Protective masks and equipment among air carrier employees during public health emergencies. 50205. Protection of certain Federal Aviation Administration employees during public health emergencies. 50206. National aviation preparedness plan. 50207. Definitions. 50201.Authority of the FAA AdministratorWith respect to the occurrence of a pandemic or epidemic of an infectious disease, the Administrator shall have authority to impose, by emergency order or otherwise, such requirements related to the operation of a passenger or cargo aircraft of an air carrier in air transportation as the Administrator determines are necessary to protect the health and safety of air carrier crewmembers and passengers and to reduce the spread of such infectious disease through the aviation system.50202.Protective masks among airline passengers on board aircraft during public health emergencies(a)In generalDuring the period of any national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a respiratory disease, each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall require each passenger of such air carrier to wear a mask or protective face covering while such passenger is on board an aircraft of such air carrier.(b)Responsibilities(1)Air carrier responsibilitiesAn air carrier operating under part 121 of title 14, Code of Federal Regulations, shall—(A)notify the Administrator within 7 days of each instance in which a passenger violates the requirements of this section by providing the Administrator with such information regarding a violation as the Administrator may require;(B)designate an appropriate office or department of the air carrier to receive notifications from crewmembers under paragraph (2) and to provide information to the Administrator in accordance with this subsection; and(C)provide flight and cabin crewmembers with specific, easily followed instructions for contacting the office or department described in subparagraph (B) with a notification under paragraph (2).(2)Crewmember responsibilitiesNot later than the termination of passenger disembarkation from an aircraft described in subsection (a), the flight or cabin crew of such aircraft shall notify an employee of the air carrier office or department designated under paragraph (1) of each instance in which a passenger violates the requirements of this section and shall provide information necessary to identify the passenger who committed such violation.(c)ExceptionsAn air carrier may allow an individual to temporarily remove a mask or face covering required under subsection (a) only—(1)while consuming food or beverage;(2)to address a medical need that justifies temporary removal of the mask or face covering;(3)to don a supplemental oxygen mask in the event of a reduction in air pressure inside the cabin of an aircraft; or(4)for another reason identified by the Administrator in a regulation issued pursuant to this section.(d)Responsibilities to individuals with disabilities(1)Relationship to other lawsNothing in this section shall be construed to abridge any right, or excuse the performance of any duty, arising under section 41705 of this title or regulations promulgated pursuant to such section, including the duty of an air carrier to assist passengers covered under such section.(2)Additional duties of air carriersEach air carrier shall require employees and contractors of such air carrier to provide assistance to an individual described in section 41705(a) who requires such assistance—(A)in donning or removing a mask or face covering required under subsection (a);(B)in disinfecting or sanitizing an aisle chair, an airport push chair, or personal mobility aid or other device, if such personal mobility aid or other device was tendered to the air carrier for a flight and delivered to the individual after the flight’s arrival;(C)in taking any other reasonable measures, consistent with any applicable guidelines of the Centers for Disease Control and Prevention, necessary for the individual to reduce the chance of infection with a respiratory disease; and(D)in complying with any legal, air carrier, or airport requirement intended to reduce the spread of a respiratory disease.(3)Limited exceptionWith respect to an individual covered under section 41705 who is unable to wear a mask or face covering and objects to such a requirement, an air carrier may deny boarding to such individual for a flight in air transportation only if such air carrier performs the individualized analysis described under section 382.19(c) of title 14, Code of Federal Regulations, and concludes that the individual poses a direct threat pursuant to such analysis. Each air carrier shall develop policies and procedures to ensure that—(A)the outcome of such analysis is reliable, including through consultation with a medical consulting or advisory service to determine whether the individual poses a risk to others;(B)the individual and the air carrier’s employees or contractors are afforded an appropriate amount of time for such analysis before the departure of a flight; and(C)with respect to any individual who is permitted to board a flight without a mask or protective face covering, other reasonable measures are available to minimize the individual’s risk of infection and the risk of the individual spreading the respiratory disease.(e)Savings provisionNothing in this section shall be construed to prioritize any interest over the public interest in aviation safety or the health and safety of air carrier employees or contractors. 50203.Protective masks in airports during public health emergencies(a)In generalDuring the period of any national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a respiratory disease, the operator of a covered airport shall require that any individual within any indoor public space on the airport premises and under the control of such operator is wearing a mask or other protective face covering except when such individual—(1)is consuming food or beverage;(2)is attending to a medical need that justifies temporary removal of the mask or face covering;(3)is directed to remove a mask or face covering by an air carrier employee, a law enforcement officer, or a person performing functions governed under chapter 449; or(4)has another reason identified by the Administrator in any regulations promulgated under this section.(b)Responsibilities to individuals with disabilities(1)Relationship to other lawsNothing in this section shall be construed to abridge any right, or excuse the performance of any duty, arising under any applicable requirements of chapter 126 of title 42 or, to the extent applicable, section 41705 of this title or regulations issued pursuant to such chapter or section.(2)Additional duties of airport operatorIf an employee or contractor of an airport operator is providing assistance to an air carrier passenger covered under chapter 126 of title 42 or section 41705 of this title, such employee or contractor shall assist such individual—(A)in donning or removing a mask or face covering required under subsection (a);(B)in taking any reasonable measures, consistent with any applicable guidelines of the Centers for Disease Control and Prevention, necessary for the individual to reduce the chance of infection with the disease; and(C)in complying with any legal, air carrier, or airport requirement intended to reduce the spread of the disease.50204.Protective masks and equipment among air carrier employees during public health emergencies(a)In generalDuring the period of any national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a respiratory disease, each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall—(1)require each cabin crewmember to wear a mask or protective face covering and permit such crewmember to wear protective eyewear or a face shield while on board an aircraft or in a vehicle of the air carrier;(2)require each flight crewmember to wear a mask or protective face covering and permit such crewmember to wear protective eyewear or a face shield while on board an aircraft but outside the flight deck of the air carrier or in a vehicle of the air carrier;(3)require each employee or contractor of the air carrier to wear a mask or protective face covering while within any indoor public space of a covered airport; (4)submit to the Administrator a proposal to permit flight crewmembers of the air carrier to wear a mask or protective face covering while at their stations in the flight deck of an aircraft of the air carrier, including a safety risk assessment with respect to such proposal;(5)provide flight and cabin crewmembers, airport customer service agents, and other employees whose job responsibilities involve interaction with passengers with masks or protective face coverings, gloves, and hand sanitizer and cleaning products, such as disinfecting wipes, with sufficient active ingredient content of the disinfectant to stop the spread of such respiratory disease, and provide training on the proper use of such items and equipment;(6)ensure aircraft, including the cockpit and cabin, operated by such carrier are cleaned, disinfected, and sanitized by cleaners who are not flight or cabin crewmembers after each use in accordance with Centers for Disease Control and Prevention guidance;(7)ensure enclosed facilities owned, operated, or used by such air carrier, including facilities used for flight or cabin crewmember training or performance of indoor maintenance, repair, or overhaul work, are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance;(8)provide air carrier employees whose job responsibilities involve cleaning, disinfecting, and sanitizing aircraft or enclosed facilities described in paragraphs (6) and (7) with masks or protective face coverings and gloves, and ensure that each contractor of the air carrier provides employees of such contractor with such materials; and(9)establish guidelines, or adhere to existing applicable guidelines, for notifying or contacting employees who may have come into physical contact or interaction with an employee who has been diagnosed with such respiratory disease.(b)Limited exceptionsThe requirement for cabin and flight crewmembers to wear a mask or protective face covering under subsections (a)(1) and (a)(2) shall not apply while—(1)consuming food or beverage;(2)addressing a legitimate medical need that justifies temporary removal of the mask or face covering;(3)donning a supplemental oxygen mask in the event of a reduction in air pressure inside the cabin;(4)assisting another crewmember or passenger in distress; or(5)performing another legitimate action identified by the air carrier or Administrator in any regulation issued pursuant to this section. 50205.Protection of certain Federal Aviation Administration employees during public health emergencies(a)In generalDuring the period of any national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a respiratory disease, in order to maintain the safe and efficient operation of the air traffic control system, the Administrator shall—(1)provide air traffic controllers, aviation safety inspectors, and airway transportation systems specialists of the Administration with masks or protective face coverings, gloves, and hand sanitizer and cleaning products, such as disinfecting wipes, with sufficient active ingredient content of the disinfectant to stop the spread of such respiratory disease;(2)ensure air traffic control facilities are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance; and(3)provide employees of the Administration whose job responsibilities involve cleaning, disinfecting, and sanitizing facilities described in paragraph (2) with masks or protective face coverings and gloves, and ensure that each contractor of the Administration provides employees of such contractor with such materials.(b)Source of equipmentThe items described in subsection (a) may be procured or provided under such subsection through any sources available to the Administrator.50206.National aviation preparedness plan(a)In generalNot later than 1 year after the date of enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agencies as the Secretary of Transportation considers appropriate, shall develop a national aviation preparedness plan for communicable disease outbreaks. (b)Contents of planThe plan developed under subsection (a) shall, at a minimum—(1)provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans, including the emergency response plans, of such airports and air carriers and provide guidance as to each individual plan;(2)improve coordination among airports, air carriers, U.S. Customs and Border Protection, the Centers for Disease Control and Prevention, other appropriate Federal entities, and State and local governments and health agencies with respect to developing policies that increase the effectiveness of screening, testing, quarantining, and contact-tracing with respect to air carrier passengers;(3)to the extent practicable, improve coordination among relevant international entities;(4)ensure that frontline at-risk employees are equipped with appropriate personal protective equipment to reduce the likelihood of exposure to a covered communicable disease;(5)ensure frontline at-risk employees are sufficiently considered for prioritized access to necessary and available vaccines and therapeutics to reduce the effect and likelihood of exposure to and transmission of a covered communicable disease;(6)ensure aircraft and enclosed facilities owned, operated, or used by an air carrier or airport are cleaned, disinfected, and sanitized, and can have installed and maintained protective infrastructure where appropriate, in accordance with Centers for Disease Control and Prevention guidelines for preventing and containing the spread of covered communicable diseases;(7)identify and assign Federal agency roles in the development and deployment of emerging and existing solutions to reduce covered communicable diseases in the aviation ecosystem;(8)clearly delineate the responsibilities of the sponsors and operators of airports, air carriers, and Federal agencies in responding to a covered communicable disease;(9)incorporate the recommendations made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled Air Travel and Communicable Diseases: Comprehensive Federal Plan Needed for U.S. Aviation System's Preparedness, issued in December 2015 (GAO–16–127); and(10)consider the latest peer-reviewed scientific studies that address communicable disease with respect to air transportation.(c)ConsultationIn developing the plan under subsection (a), the Secretary of Transportation shall consult with aviation industry and labor stakeholders, including representatives of—(1)air carriers operating under part 121 of title 14, Code of Federal Regulations;(2)airport operators, including operators of large hub, medium hub, small hub, and nonhub commercial service airports;(3)labor organizations that represent airline pilots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers;(4)the labor organization certified under section 7111 of title 5 as the exclusive bargaining representative of air traffic controllers of the Federal Aviation Administration;(5)the labor organization certified under section 7111 of title 5 as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors of the Federal Aviation Administration;(6)trade associations representing air carriers and airports; and(7)such other stakeholders as the Secretary considers appropriate.(d)ReportNot later than 30 days after the plan is developed under subsection (a), the Secretary 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 that includes such plan.(e)Review of planNot later than 1 year after the date on which a report is submitted under subsection (d), and every 2 years thereafter, the Secretary shall review the plan included in such report and make changes by rule as the Secretary considers appropriate.(f)GAO studyNot later than 18 months after the date of enactment of this section, the Comptroller General shall conduct and 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 study assessing the national aviation preparedness plan developed under subsection (a), including—(1)whether such plan—(A)is responsive to any previous recommendations relating to aviation preparedness with respect to an outbreak of a covered communicable disease or global health emergency made by the Comptroller General; and(B)meets the obligations of the United States under international conventions and treaties; and(2)the extent to which the United States aviation system is prepared to respond to an outbreak of a covered communicable disease.(g)DefinitionsIn this section:(1)Frontline at-risk employeeThe term frontline at-risk employee means—(A)an individual whose job duties require interaction with air carrier passengers on a regular and continuing basis and who is an employee of—(i)an air carrier;(ii)an air carrier contractor;(iii)an airport; or(iv)the Federal Government; or(B)an air traffic controller or systems safety specialist of the Federal Aviation Administration.(2)Covered communicable diseaseThe term covered communicable disease means a communicable disease that has the potential to cause an epidemic or pandemic of infectious disease that would constitute a public health emergency of international concern as declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).50207.DefinitionsThe definitions in section 40102(a) of this title shall apply to terms in this chapter, except that the following terms have the following meanings: (1)AdministratorThe term Administrator means the Administrator of the Federal Aviation Administration.(2)Respiratory diseaseThe term respiratory disease means an infectious disease that is, or is reasonably believed to be, caused by a pathogen transmissible by aerosols or respiratory droplets expelled from the nose or mouth.(3)Covered airportThe term covered airport means a public-use airport that receives flights of an air carrier operating under the provisions of part 121 of title 14, Code of Federal Regulations.(4)SecretaryThe term Secretary means the Secretary of Transportation. .(b)Clerical amendmentThe analysis for subtitle VII of title 49, United States Code, is amended by adding at the end the following: 502. Public Health Emergencies 50201.(c)Interference with crewmembersSection 46504 of title 49, United States Code, is amended—(1)by inserting (a) In general.— before An individual; and(2)by adding at the end the following: (b)Failure To wear masks during public health emergencyFor purposes of subsection (a), an individual interferes with the performance of the duties of a flight crew member or flight attendant if such individual, without justification, disobeys a flight crew member’s or flight attendant’s instruction to wear a mask or protective face covering during the period of any national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to an infectious disease that is, or is reasonably believed to be, caused by a pathogen transmissible by respiratory droplets expelled from the nose or mouth..(d)Conforming amendmentSection 46301 of title 49, United States Code, is amended—(1)in subsection (a)(5) by inserting section 50202, section 50203, after chapter 451,; and(2)in subsection (d)(2) by inserting , section 50202, section 50203, after of this title. 3.Regulations for air carriers to reduce spread of infectious diseases(a)In generalIn coordination with the Director of the Centers for Disease Control and Prevention, the Secretary shall promulgate regulations requiring each air carrier operating under part 121 of title 14, Code of Federal Regulations, and operating aircraft with a seating capacity of 20 or more to implement appropriate measures on a flight in air transportation for the purpose of reducing the likelihood of any passenger or crewmember contracting an infectious disease. Such regulations shall be effective only during the period of a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to an infectious disease. (b)DeadlinesIn conducting the rulemaking required under subsection (a), the Secretary shall issue—(1)a notice of proposed rulemaking not later than 180 days after the date of enactment of this Act; and(2)a final rule not later than 1 year after the date of enactment of this Act.(c)ConsultationIn conducting the rulemaking proceeding required under subsection (a), the Secretary may consult with the heads of such other Federal departments or agencies as the Secretary considers appropriate.4.Study on transmission of infectious diseases in airplane cabins(a)In generalNot later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academies to conduct a study on the transmission of infectious diseases, including respiratory diseases, in the cabins of passenger airplanes. (b)Parameters of studyThe study required under subsection (a) shall consider, at a minimum—(1)air flow patterns and humidity levels in the cabins of passenger airplanes and the extent to which such patterns and humidity levels increase or decrease the possibility that a passenger may be exposed to an airborne pathogen communicated by another individual on board a passenger airplane;(2)how uniformly the cabin air supply is completely exchanged and whether air in certain areas of the cabin is exchanged more quickly or slowly than in other areas of the cabin;(3)the extent to which various recirculation systems and the respective filtration systems of such recirculation systems increase or decrease the likelihood of exposure to a pathogen;(4)the extent to which the use of preconditioned air during embarkation and disembarkation changes the likelihood of a passenger’s exposure to a pathogen as opposed to the use of air conditioning packs fed by the auxiliary power unit; and(5)other variables that determine the likelihood of an individual’s exposure to a pathogen on a passenger airplane, including the use or location of personal air outlets, seating location, load factor, movement of cabin crewmembers and passengers throughout the cabin during the flight, embarkation, and disembarkation, testing and replacement frequency of air filters, types of face coverings worn, commonly touched surfaces, use or location of lavatories, and such other variables as the National Academies consider relevant.(c)Report to CongressNot later than 1 year after the date of enactment of this Act, the Administrator shall—(1)submit to the congressional committees of jurisdiction a report on the results of the study required under this section; and(2)publish such report on the website of the Federal Aviation Administration.5.Air carrier practices and airplane design improvements(a)In generalBased on the results of the study required under section 4 and such other information as the Administrator considers relevant, the Administrator shall identify and evaluate prospective air carrier practices or procedures, and prospective features in the design or configuration of cabin surfaces and air conditioning and pressurization systems in passenger airplanes, that would reduce the extent of transmission of pathogens within the cabin.(b)Report(1)Follow-up reportNot later than 270 days after the submission of the report under section 4(c), the Administrator shall publish a report that lists each practice, procedure, and feature that the Administrator considered under subsection (a), along with an assessment of the extent to which such practice, procedure, or feature would reduce the transmission of pathogens, irrespective of the cost of such implementing such practice, procedure, or feature.(2)Publication of reportThe Administrator shall—(A)transmit the report required under this subsection to the congressional committees of jurisdiction; and(B)publish such report on the website of the Federal Aviation Administration.(c)Rulemaking(1)In generalNot later than 60 days after the issuance of the report required under subsection (b), the Administrator shall initiate one or more rulemaking proceedings to—(A)amend part 25 of title 14, Code of Federal Regulations, to require that applications for new type certificates (including amended type certificates) for new passenger airplanes must include such features described in subsection (a) as the Administrator determines appropriate; and(B)require air carriers to implement such air carrier practices and procedures described in subsection (a) as the Administrator determines appropriate.(2)ExceptionNotwithstanding paragraph (1), the Administrator may decline to initiate a rulemaking proceeding under paragraph (1) if the Administrator—(A)determines that the practices, procedures, or features described under paragraph (1) would not reduce the transmission of pathogens on board passenger airplanes by a reasonable degree; and(B)not later than 60 days after the submission of the report required under subsection (b), submits to the congressional committees of jurisdiction a thorough justification describing in detail the Administrator’s rationale for declining to initiate a rulemaking proceeding.6.Center of Excellence for Infectious Disease Response and Prevention in Aviation(a)In generalNot later than 180 days after the date of enactment of this Act, the Administrator shall establish a Center of Excellence for Infectious Disease Response and Prevention in Aviation (in this section referred to as the Center of Excellence).(b)FunctionsThe Center of Excellence established under this section shall—(1)study, and provide educational, technical, and analytical assistance to the Administrator on, the transmissibility of infectious diseases, including respiratory diseases, during air travel and such diseases’ effects on the United States aviation system and air commerce;(2)report to the Administrator on architecture, design, layout, technologies, industry practices, procedures, or policies, and other advancements that can be used by airports, air carriers, aircraft manufacturers, and other aviation stakeholders, as the case may be, to reduce the spread of infectious diseases during air travel; and(3)make recommendations to the Administrator on regulations, policies, and guidance the Administrator should develop or issue to meet the goals of this section.(c)Industry and labor participationThe Center of Excellence may request or receive data, statistics, or other information from aviation industry and labor stakeholders to help inform and carry out the functions described in this section. The Center of Excellence shall clearly disclose the source of any materials requested or received that inform the recommendations under subsection (b)(3).7.Cabin instruction for public health emergency announcements(a)In generalNot later than 14 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking proceeding to amend the requirements for the briefing of passengers before takeoff under section 121.571 of title 14, Code of Federal Regulations, to include the announcements described in subsection (b).(b)Public health emergency announcementsDuring the period of any national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a respiratory disease, each air carrier operating a passenger airplane under part 121 of title 14, Code of Federal Regulations, shall ensure that all passengers are orally briefed before each takeoff by the appropriate crewmember on each of the following:(1)An announcement of any temporary in-flight passenger requirements issued pursuant to section 50201 of title 49, United States Code, and proper compliance with such requirements.(2)An announcement demonstrating the requirements of, and proper compliance with, section 50202 of title 49, United States Code, including how and under what conditions face masks or protective face coverings must be worn and a statement that the regulations of the Federal Aviation Administration require passenger compliance with crewmember instructions concerning the use of protective masks.(3)An announcement of any fines that may be assessed for violating any of the in-flight passenger requirements issued pursuant to sections 50201 and 50202 of title 49, United States Code.8.DefinitionsFor purposes of this Act, the definitions in section 40102(a) of title 49, United States Code, shall apply to terms in this Act, except that the following terms have the following meanings:(1)AdministratorThe term Administrator means the Administrator of the Federal Aviation Administration.(2)Respiratory diseaseThe term respiratory disease means an infectious disease that is, or is reasonably believed to be, caused by a pathogen transmissible by aerosols or respiratory droplets expelled from the nose or mouth.(3)Congressional committees of jurisdictionThe term congressional committees of jurisdiction means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.(4)Passenger airplaneThe term passenger airplane means a turbine-powered, transport-category airplane certificated under the provisions of subchapter C of title 14, Code of Federal Regulations, with a passenger seating capacity of 20 or more.(5)SecretaryThe term Secretary means the Secretary of Transportation.