datamatters24/research-document-archive huggingface dataset:
‘‘(I) The failure to serve the no-
tice of intention required by para-
graph (2)(A) or paragraph (3), as ap-
plicable, forecloses the possibility of a 
compulsory license under such para-
graph. 
‘‘(II) The failure to comply with 
paragraph (2)(B) forecloses the possi-
bility of a blanket license for a period 
of 3 years after the last calendar day 
on which the notice of license was re-
quired to be submitted to the mechan-
ical licensing collective under such 
paragraph. 
‘‘(ii) In either case described in clause 
(i), in the absence of a voluntary license, 
the failure to obtain a compulsory license 
renders the making and distribution of 
phonorecords by means of digital phono-
record delivery actionable as acts of in-
fringement under section 501 and subject 
to the remedies provided by sections 502 
through 506.’’; 
(3) by amending subsection (c) to read as fol-
lows:
notice occur prior to the license availability date). A 
record company that obtains an individual download 
license as permitted under this paragraph shall pro-
vide statements of account and pay royalties as pro-
vided in subsection (c)(2)(I). 
‘‘(4) FAILURE TO OBTAIN LICENSE.— 
‘‘(A) PHONORECORDS OTHER THAN DIG-
ITAL PHONORECORD DELIVERIES.—In the case 
of phonorecords made and distributed other 
than by means of digital phonorecord delivery, 
the failure to serve or file the notice of inten-
tion required by paragraph (1) forecloses the 
possibility of a compulsory license under para-
graph (1). In the absence of a voluntary license, 
the failure to obtain a compulsory license ren-
ders 
the 
making 
and 
distribution 
of 
phonorecords actionable as acts of infringement 
under section 501 and subject to the remedies 
provided by sections 502 through 506. 
‘‘(B) 
DIGITAL
PHONORECORD
DELIV-
ERIES.— 
‘‘(i) In the case of phonorecords made 
and distributed by means of digital phono-
record delivery:
SEC. 402. UNIFORM STANDARDS FOR THE USE OF ELEC-
TRONIC SIGNATURES FOR DISCLOSURE AU-
THORIZATIONS TO, AND OTHER AUTHORIZA-
TIONS OF, PRACTITIONERS. 
Section 6061(b)(3) is amended to read as follows: 
‘‘(3) PUBLISHED GUIDANCE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
publish guidance as appropriate to define and 
implement any waiver of the signature require-
ments or any method adopted under paragraph 
(1). 
‘‘(B) ELECTRONIC
SIGNATURES
FOR
DIS-
CLOSURE AUTHORIZATIONS TO, AND OTHER AU-
THORIZATIONS
OF, PRACTITIONERS.—Not later 
than 6 months after the date of the enactment of 
this subparagraph, the Secretary shall publish 
guidance to establish uniform standards and 
procedures for the acceptance of taxpayers’ sig-
natures appearing in electronic form with re-
spect to any request for disclosure of a taxpayer’s 
return or return information under section 
6103(c) to a practitioner or any power of attor-
ney granted by a taxpayer to a practitioner. 
‘‘(C) PRACTITIONER.—For purposes of sub-
paragraph (B), the term ‘practitioner’ means 
any individual in good standing who is regu-
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lated under section 330 of title 31, United States 
Code.’’. 
SEC. 403. PAYMENT OF TAXES BY DEBIT AND CREDIT 
CARDS. 
Section 6311(d)(2) is amended by adding at the end 
the following: ‘‘The preceding sentence shall not apply to 
the extent that the Secretary ensures that any such fee or 
other consideration is fully recouped by the Secretary in 
the form of fees paid to the Secretary by persons paying 
taxes imposed under subtitle A with credit, debit, or charge 
cards pursuant to such contract. Notwithstanding the pre-
ceding sentence, the Secretary shall seek to minimize the 
amount of any fee or other consideration that the Secretary 
pays under any such contract.’’. 
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Union Calendar No. 489 
115TH CONGRESS 
2D SESSION 
H. R. 5445 
[Report No. 115–638] 
A BILL 
To amend the Internal Revenue Code of 1986 to 
improve cybersecurity and taxpayer identity pro-
tection, and modernize the information tech-
nology of the Internal Revenue Service, and for 
other purposes. 
APRIL 13, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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I 
115TH CONGRESS 
2D SESSION 
H. R. 5446 
To amend the Internal Revenue Code of 1986 to restrict the immediate 
sale of seized property by the Secretary of the Treasury to perishable goods. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2018 
Mr. FERGUSON (for himself and Mr. CROWLEY) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to restrict 
the immediate sale of seized property by the Secretary 
of the Treasury to perishable goods. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RULES FOR SEIZURE AND SALE OF PERISH-
ABLE GOODS RESTRICTED TO ONLY PERISH-
ABLE GOODS. 
(a) IN GENERAL.—Section 6336 of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘or become 
greatly reduced in price or value by keeping, or that such 
property cannot be kept without great expense’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
this subsection shall apply to property seized after the 
date of the enactment of this Act. 
Æ 
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SEC. 415. AUTHORIZATION OF APPROPRIATIONS. 
Section 46108 of title 46, United States Code, is 
amended by striking ‘‘$29,086,888 for fiscal year 2020 
and $29,639,538 for fiscal year 2021’’ and inserting 
‘‘$32,603,492 for fiscal year 2022 and $35,863,842 for 
fiscal year 2023’’. 
SEC. 416. NAS STUDY ON SUPPLY CHAIN INDUSTRY. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall seek to enter into an agreement with the Na-
tional Academy of Sciences under which the National 
Academy shall conduct a study on the United States sup-
ply chain that examines data constraints that impede the 
flow of maritime cargo and add to supply chain inefficien-
cies and that identifies data sharing systems that can be 
employed to improve the functioning of the United States 
supply chain. 
(b) CONTENTS.—The study required under sub-
section (a) shall include— 
(1) the identification of where bottlenecks or 
chokepoints are most prominent within the United 
States supply chain; 
(2) the identification of what common shipping 
data is created with each hand-off of a container 
through the United States supply chain and how 
such data is stored and shared;
by the musical work copyright owner, 
or by a record company pursuant to 
an individual download license, to 
make and distribute phonorecords of 
each musical work embodied in the 
sound recording by means of digital 
phonorecord delivery. 
‘‘(ii) Any cause of action under this 
subparagraph shall be in addition to those 
available to the owner of the copyright in 
the nondramatic musical work under sub-
paragraph (J) and section 106(4) and the 
owner of the copyright in the sound record-
ing under section 106(6). 
‘‘(D) LIABILITY
OF
SOUND
RECORDING 
OWNERS.—The liability of the copyright owner 
of a sound recording for infringement of the 
copyright in a nondramatic musical work em-
bodied in the sound recording shall be deter-
mined in accordance with applicable law, except 
that the owner of a copyright in a sound re-
cording shall not be liable for a digital phono-
record delivery by a third party if the owner of 
the copyright in the sound recording does not 
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1054 
† HR 5515 EAS 
‘‘(2) LIMITATIONS.—Only those amounts specifi-
cally authorized by law may be appropriated for the 
use of the Maritime Administration for— 
‘‘(A) acquisition, construction, or recon-
struction of vessels; 
‘‘(B) construction-differential subsidies inci-
dent to the construction, reconstruction, or recon-
ditioning of vessels; 
‘‘(C) costs of national defense features; 
‘‘(D) payments of obligations incurred for 
operating-differential subsidies; 
‘‘(E) expenses necessary for research and de-
velopment activities, including reimbursement of 
the Vessel Operations Revolving Fund for losses 
resulting from expenses of experimental vessel op-
erations; 
‘‘(F) the Vessel Operations Revolving Fund; 
‘‘(G) National Defense Reserve Fleet ex-
penses; 
‘‘(H) expenses necessary to carry out part B 
of subtitle V of title 46; and 
‘‘(I) other operations and training expenses 
related to the development of waterborne trans-
portation systems, the use of waterborne trans-
portation systems, and general administration.’’.
1111 
receive trusted signals from the Galileo satellites of the 
European Union and the QZSS satellites of Japan, begin-
ning with increment 2 of the acquisition of such terminals. 
(b) CAPABILITY FOR OTHER SIGNALS.—The Sec-
retary of the Air Force shall ensure that military Global 
Positioning System user equipment terminals having the 
capability to receive non-allied positioning, navigation, and 
timing signals, beginning with increment 2 of the acquisi-
tion of such terminals, if the Secretary of Defense, in con-
sultation with the Commander of the United States Stra-
tegic Command, determines that— 
(1) the benefits of receiving such signals out-
weigh the risks; or 
(2) such risks can be appropriately mitigated. 
(c) ENGAGEMENT.—The Secretary of Defense, jointly 
with the Secretary of State, shall engage with relevant al-
lies of the United States to— 
(1) enable military Global Positioning System 
user equipment terminals to receive the positioning, 
navigation, and timing signals of such allies; and 
(2) negotiate as appropriate other potential 
agreements relating to the enhancement of posi-
tioning, navigation, and timing.
1437 
United States has jurisdiction, as the Commandant deems 
necessary to facilitate execution of Coast Guard duties.’’; 
and 
(B) by inserting after section 317 (as so 
redesignated and transferred under subsection 
(b)) the following: 
‘‘§ 318. Environmental Compliance and Restoration 
Program 
‘‘(a) DEFINITIONS.—For the purposes of this sec-
tion— 
‘‘(1) ‘environment’, ‘facility’, ‘person’, ‘release’, 
‘removal’, ‘remedial’, and ‘response’ have the same 
meaning they have in section 101 of the Comprehen-
sive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601); 
‘‘(2) ‘hazardous substance’ has the same mean-
ing it has in section 101 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability 
Act (42 U.S.C. 9601), except that it also includes 
the meaning given ‘oil’ in section 311 of the Federal 
Water Pollution Control Act (33 U.S.C. 1321); and 
‘‘(3) ‘pollutant’ has the same meaning it has in 
section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362). 
‘‘(b) PROGRAM.—
154 
ee’s share of the receipts payable under para-
graph (2)(D), and does not preclude payment 
under subparagraph (A) from the share of an 
artist payee that does not so object.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 114(g) of title 17, United States Code, as amend-
ed by subsections (a) and (b), is further amended— 
(1) in paragraph (2), by striking ‘‘An agent 
designated’’ and inserting ‘‘Except as provided for in 
paragraph (6), a nonprofit collective designated by 
the Copyright Royalty Judges’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘nonprofit agent des-
ignated’’ and inserting ‘‘nonprofit collective des-
ignated by the Copyright Royalty Judges’’; 
(B) by striking ‘‘another designated agent’’ 
and inserting ‘‘another designated nonprofit col-
lective’’; and 
(C) by striking ‘‘agent’’ and inserting ‘‘col-
lective’’ each subsequent place it appears; 
(3) in paragraph (4)— 
(A) by striking ‘‘designated agent’’ and in-
serting ‘‘nonprofit collective’’; and 
(B) by striking ‘‘agent’’ and inserting ‘‘col-
lective’’ each subsequent place it appears; and
155 
(4) by adding at the end the following new 
paragraph: 
‘‘(7) 
PREEMPTION
OF
STATE
PROPERTY 
LAWS.—The holding and distribution of receipts 
under section 112 and this section by a nonprofit 
collective designated by the Copyright Royalty 
Judges in accordance with this subsection and regu-
lations adopted by the Copyright Royalty Judges 
shall supersede and preempt any State law (includ-
ing common law) concerning escheatment or aban-
doned property, or any analogous provision, that 
might otherwise apply.’’. 
SEC. 303. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this title and the amendments made by this title shall 
take effect on the date of the enactment of this Act. 
(b) DELAYED EFFECTIVE DATE.—The effective date 
for paragraphs (5)(B) and (6)(E) of section 114(g) of title 
17, United States Code, as added by section 302, shall 
be January 1, 2020. 
Passed the House of Representatives April 25, 2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 5447 
AN ACT 
To modernize copyright law, and for other 
purposes.
1438 
‘‘(1) The Secretary shall carry out a program 
of environmental compliance and restoration at cur-
rent and former Coast Guard facilities. 
‘‘(2) Program goals include: 
‘‘(A) Identifying, investigating, and clean-
ing up contamination from hazardous sub-
stances and pollutants. 
‘‘(B) Correcting other environmental dam-
age that poses an imminent and substantial 
danger to the public health or welfare or to the 
environment. 
‘‘(C) Demolishing and removing unsafe 
buildings and structures, including buildings 
and structures at former Coast Guard facilities. 
‘‘(D) Preventing contamination from haz-
ardous substances and pollutants at current 
Coast Guard facilities. 
‘‘(3)(A) The Secretary shall respond to releases 
of hazardous substances and pollutants— 
‘‘(i) at each Coast Guard facility the 
United States owns, leases, or otherwise pos-
sesses; 
‘‘(ii) at each Coast Guard facility the 
United States owned, leased, or otherwise pos-
sessed when the actions leading to contamina-
(3) the identification of critical data elements 
used by any entity covered by subsection (c), includ-
ing the key elements used for various supply chain 
business processes; 
(4) a review of the methodology used to store, 
access, and disseminate shipping data across the 
United States supply chain and evaluation of the in-
efficiencies in such methodology; 
(5) an analysis of existing and potential impedi-
ments to the free flow of information among entities 
covered by subsection (c), including— 
(A) identification of barriers that prevent 
carriers, terminals, and shippers from having 
access to commercial data; and 
(B) any inconsistencies in— 
(i) terminology used across data ele-
ments connected to the shipment, arrival, 
and unloading of a shipping container; and 
(ii) the classification systems used 
across the United States supply chain, in-
cluding inconsistencies in the names of en-
tities covered by subsection (c), geo-
graphical names, and terminology; 
(6) the identification of information to be in-
cluded in an improved data sharing system designed
1466 
Title 14 sec-
tion number 
before redes-
ignation 
Section heading (provided for identification 
purposes only-not amended) 
Title 14 sec-
tion number 
after redes-
ignation 
215 
Rank of warrant officers 
2105 
251 
Selection boards; convening of boards 
2106 
252 
Selection boards; composition of boards 
2107 
253 
Selection boards; notice of convening; commu-
nication with board 
2108 
254 
Selection boards; oath of members 
2109 
255 
Number of officers to be selected for promotion 
2110 
256 
Promotion zones 
2111 
256a 
Promotion year; defined 
2112 
257 
Eligibility of officers for consideration for pro-
motion 
2113 
258 
Selection boards; information to be furnished 
boards 
2115 
259 
Officers to be recommended for promotion 
2116 
260 
Selection boards; reports 
2117 
261 
Selection boards; submission of reports 
2118 
262 
Failure of selection for promotion 
2119 
263 
Special selection boards; correction of errors 
2120 
271 
Promotions; appointments 
2121 
272 
Removal of officer from list of selectees for pro-
motion 
2122 
273 
Promotions; acceptance; oath of office 
2123 
274 
Promotions; pay and allowances 
2124 
275 
Wartime temporary service promotions 
2125 
276 
Promotion of officers not included on active 
duty promotion list 
2126 
331 
Recall to active duty during war or national 
emergency 
2127 
332 
Recall to active duty with consent of officer 
2128
1600 
and experience in matters relating to the function of 
the Committee. 
‘‘(3) REPRESENTATION.—Each member of the 
Committee shall represent 1 of the following: 
‘‘(A) Chemical manufacturing entities. 
‘‘(B) Entities related to marine handling 
or transportation of chemicals. 
‘‘(C) Vessel design and construction enti-
ties. 
‘‘(D) Marine safety or security entities. 
‘‘(E) Marine environmental protection enti-
ties. 
‘‘(4) 
DISTRIBUTION.—The 
Secretary 
shall, 
based on the needs of the Coast Guard, determine 
the number of members of the Committee who rep-
resent each entity specified in paragraph (3). Nei-
ther this paragraph nor any other provision of law 
shall be construed to require an equal distribution of 
members representing each entity specified in para-
graph (3). 
‘‘§ 15102. National Commercial Fishing Safety Advi-
sory Committee 
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Commercial Fishing Safety Advisory Committee (in 
this section referred to as the ‘Committee’).
HR 5447 RDS
‘‘(ii) Any cause of action under this 
subparagraph shall be in addition to those 
available to the owner of the copyright in 
the nondramatic musical work under sub-
paragraph (J) and section 106(4) and the 
owner of the copyright in the sound record-
ing under section 106(6). 
‘‘(D) LIABILITY
OF
SOUND
RECORDING 
OWNERS.—The liability of the copyright owner 
of a sound recording for infringement of the 
copyright in a nondramatic musical work em-
bodied in the sound recording shall be deter-
mined in accordance with applicable law, except 
that the owner of a copyright in a sound re-
cording shall not be liable for a digital phono-
record delivery by a third party if the owner of 
the copyright in the sound recording does not 
license the distribution of a phonorecord of the 
nondramatic musical work. 
‘‘(E) RECORDING DEVICES AND MEDIA.— 
Nothing in section 1008 shall be construed to 
prevent the exercise of the rights and remedies 
allowed by this paragraph, subparagraph (J), 
and chapter 5 in the event of a digital phono-
record delivery, except that no action alleging 
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HR 5447 RDS
tion should be continued, or a different en-
tity meeting the criteria described in 
clauses (i) through (iii) of subparagraph 
(A) shall be designated. Following publica-
tion of such notice: 
‘‘(I) The Register shall, after re-
viewing the information submitted and 
conducting additional proceedings as 
appropriate, publish notice in the Fed-
eral Register of a continuing designa-
tion or new designation of the me-
chanical licensing collective, as the 
case may be, with any new designa-
tion to be effective as of the first day 
of a month that is no less than 6 
months and no longer than 9 months 
after the date of publication of such 
notice, as specified by the Register. 
‘‘(II) If a new entity is des-
ignated as a mechanical licensing col-
lective, the Register shall adopt regu-
lations to govern the transfer of li-
censes, funds, records, data, and ad-
ministrative responsibilities from the 
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HR 5447 RDS
mination of the administrative assess-
ment 
by 
the 
Copyright 
Royalty 
Judges, the mechanical licensing col-
lective, the digital licensee coordi-
nator, or one or more interested copy-
right owners, digital music providers, 
or significant nonblanket licensees, 
may file a petition with the Copyright 
Royalty Judges in the month of Octo-
ber to commence a proceeding to ad-
just the administrative assessment. 
‘‘(II) Notice of the commence-
ment of such proceeding shall be pub-
lished in the Federal Register in the 
month of November following the fil-
ing of any petition, with a schedule of 
requested information and additional 
proceedings, as described in clause 
(iii)(III). The mechanical licensing 
collective and digital licensee coordi-
nator shall participate in such pro-
ceeding, along with any interested 
copyright owners, digital music pro-
viders, or significant nonblanket li-
censees that have notified the Copy-
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109 
HR 5447 RDS
ers and persons entitled to obtain a compulsory 
license under this section may designate the 
mechanical licensing collective to administer vol-
untary licenses for the reproduction or distribu-
tion of musical works in covered activities on 
behalf of such copyright owners and persons, 
but the following conditions apply: 
‘‘(i) Each copyright owner shall estab-
lish the royalty rates and material terms of 
any such voluntary license individually and 
not in agreement, combination, or concert 
with any other copyright owner. 
‘‘(ii) Each person entitled to obtain a 
compulsory license under this section shall 
establish the royalty rates and material 
terms of any such voluntary license indi-
vidually and not in agreement, combina-
tion, or concert with any other digital 
music provider. 
‘‘(iii) The mechanical licensing collec-
tive shall maintain the confidentiality of 
the voluntary licenses in accordance with 
the confidentiality provisions prescribed by 
the Register of Copyrights under para-
graph (12)(C). 
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1713 
an environmental impact statement or similar 
analysis under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) a plan of operations issued by— 
(i) the Bureau of Land Management 
under subpart 3809 of part 3800 of title 
43, Code of Federal Regulations (or suc-
cessor regulations); or 
(ii) the Forest Service under subpart 
A of part 228 of title 36, Code of Federal 
Regulations (or successor regulations); and 
(C) a permit issued under an authority de-
scribed in section 3503.13 of title 43, Code of 
Federal regulations (or successor regulations). 
(5) PROJECT.—The term ‘‘project’’ means a 
project for which the issuance of a permit is re-
quired to conduct activities for, relating to, or inci-
dental to mineral exploration, mining, beneficiation, 
processing, or reclamation activities— 
(A) on a mining claim, millsite claim, or 
tunnel site claim for any locatable mineral; or 
(B) in conjunction with any Federal min-
eral (other than coal and oil shale) that is 
leased under—