115 HR 2250 IH: Standard Data And Technology Advancement Act of 2017
U.S. House of Representatives
2017-04-28
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.

I115th CONGRESS1st SessionH. R. 2250IN THE HOUSE OF REPRESENTATIVESApril 28, 2017Mr. Reed (for himself, Mr. Smith of Nebraska, Mr. Curbelo of Florida, Mrs. Walorski, Mr. Bishop of Michigan, and Mr. Danny K. Davis of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 establish consistent requirements for the electronic content and format of data used in the
			 administration of certain human services programs under the Social
			 Security Act.

 1.Short titleThis Act may be cited as the Standard Data And Technology Advancement Act of 2017 or the Standard DATA Act of 2017. 2.Data standardization for improved data matching (a)In generalPart A of title XI of the Social Security Act (42 U.S.C. 1301—1320b–5) is amended by inserting after section 1121 the following:

					1121A.Data exchange standardization for improved interoperability
						(a)Designation and use of data exchange standards
 (1)DesignationThe head of the department or agency responsible for administering a program funded under title III, IV, IX, XII, XVI, or subtitle A of title XX, or section 511, shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State perspectives, designate data exchange standards for necessary categories of information that a State agency operating the program is required to electronically exchange with another State agency under applicable Federal law.
 (2)Data exchange standards must be nonproprietary and interoperableThe data exchange standards designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable.
 (3)Other requirementsIn designating data exchange standards under this subsection, the Secretary shall, to the extent practicable, incorporate—
 (A)interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget;
 (B)interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and
 (C)interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance.
								(b)Data exchange standards for Federal reporting
 (1)DesignationThe head of the department or agency responsible for administering a program referred to in subsection (a)(1) shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern Federal reporting and exchange requirements under applicable Federal law.
 (2)RequirementsThe data exchange reporting standards required by paragraph (1) shall, to the extent practicable— (A)incorporate a widely accepted, non-proprietary, searchable, computer-readable format;
 (B)be consistent with and implement applicable accounting principles; (C)be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and
 (D)be capable of being continually upgraded as necessary. (3)Incorporation of nonproprietary standardsIn designating data exchange standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Markup Language.
 (4)Rule of constructionNothing in this subsection shall be construed to require a change to existing data exchange standards for Federal reporting about a program referred to in subsection (a)(1), if the head of the department or agency responsible for administering the program finds the standards to be effective and efficient..
			(b)Conforming repeals and amendment
 (1)Conforming repealsSection 105 of the Child and Family Services Improvement and Innovation Act (Public Law 112–34), sections 2104 and 4003 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112–96), and subpart 3 of part B of title IV, and section 911, of the Social Security Act are each repealed.
 (2)Conforming amendmentSection 411 of the Social Security Act (42 U.S.C. 611) is amended by striking subsection (d). (c)Effective dateThis Act and the amendments and repeals made by this Act shall take effect 2 years after the date of the enactment of this Act.


114 HR 5880 IH: To amend title II of the Social Security Act to prohibit inclusion of Social Security account numbers on Medicare cards, and for other purposes.
U.S. House of Representatives
2016-07-14
text/xml
EN
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I114th CONGRESS2d SessionH. R. 5880IN THE HOUSE OF REPRESENTATIVESJuly 14, 2016Mr. Richmond introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend title II of the Social Security Act to prohibit inclusion of Social Security account
			 numbers on Medicare cards, and for other purposes.

		1.Prohibition of inclusion of Social Security account numbers on Medicare cards
 (a)In generalSection 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following new clause:

 (xiv)The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security account number (or derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is not identifiable as a Social Security account number (or derivative thereof)..
 (b)ImplementationIn implementing clause (xiv) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a), the Secretary of Health and Human Services shall do the following:
 (1)In generalEstablish a cost-effective process that involves the least amount of disruption to, as well as necessary assistance for, Medicare beneficiaries and health care providers, such as a process that provides such beneficiaries with access to assistance through a toll-free telephone number and provides outreach to providers.
 (2)Consideration of medicare beneficiary identifiedConsider implementing a process, similar to the process involving Railroad Retirement Board beneficiaries, under which a Medicare beneficiary identifier which is not a Social Security account number (or derivative thereof) is used external to the Department of Health and Human Services and is convertible over to a Social Security account number (or derivative thereof) for use internal to such Department and the Social Security Administration.
				(c)Effective date
 (1)In generalClause (xiv) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a), shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than January 1, 2017.
 (2)ReissuanceThe Secretary shall provide for the reissuance of Medicare cards that comply with the requirements of such clause not later than January 1, 2018.


114 HR 1855 IH: Small Business Tax Equity Act of 2015
U.S. House of Representatives
2015-04-16
text/xml
EN
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		I
		114th CONGRESS
		1st Session
		H. R. 1855
		IN THE HOUSE OF REPRESENTATIVES

			April 16, 2015
			Mr. Blumenauer (for himself, Mr. Rohrabacher, Mr. Smith of Washington, Mr. Hanna, Mr. Polis, and Mr. Young of Alaska) 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 allow deductions and credits relating to expenditures
			 in connection with marijuana sales conducted in compliance with State law.

 1.Short titleThis Act may be cited as the Small Business Tax Equity Act of 2015. 2.Allowance of deductions and credits relating to expenditures in connection with marijuana sales conducted in compliance with State law (a)In generalSection 280E of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: , unless such trade or business consists of marijuana sales conducted in compliance with State law.
 (b)Effective dateThe amendment made by this section shall apply with respect to taxable years ending after the date of the enactment of this Act.


115 HRES 1020 IH: Recognizing that for 45 years, Papua New Guinea and the United States have shared a close friendship based on shared goals of stability, prosperity, and peace in the region, and expressing the sense of the House of Representatives that the United States will continue to remain a strong, reliable, and active partner in the Pacific.
U.S. House of Representatives
2020-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. RES. 1020IN THE HOUSE OF REPRESENTATIVESJune 24, 2020Mr. Yoho (for himself, Mr. Case, Mr. Bacon, Mr. Bera, Mr. Young, Ms. Gabbard, Mr. Sablan, Mr. Gonzalez of Texas, and Mrs. Radewagen) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONRecognizing that for 45 years, Papua New Guinea and the United States have shared a close friendship based on shared goals of stability, prosperity, and peace in the region, and expressing the sense of the House of Representatives that the United States will continue to remain a strong, reliable, and active partner in the Pacific.Whereas Papua New Guinea became independent on September 16, 1975;Whereas Papua New Guinea is a valued security partner of the United States, participating in the International Military Education and Training (IMET) program, which sends members of the Papua New Guinea Defence Force to professional military education courses in the United States;Whereas the United States has partnered with Papua New Guinea and Australia to modernize Papua New Guinea Defence Force’s Lombrum Naval Base on Manus Island to assist Papua New Guinea in defending its sovereignty and maritime rights;Whereas the United States Government supports cooperative activities with Papua New Guinea, including sustainable fisheries management, HIV/AIDS prevention, and care, and those authorized by the Asia Reassurance Initiative Act;Whereas section 1252 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) expands the number of countries that receive assistance under the Indo-Pacific Maritime Security Initiative, including Papua New Guinea;Whereas Papua New Guinea hosted the Asia Pacific Economic Cooperation (APEC) Chief Executive Officer (CEO) Summit in November 2018; andWhereas Palm Desert, California, and Port Moresby, Papua New Guinea, are sister cities, a broad-based, long-term partnership to promote peace through mutual respect, understanding, and cooperation centered on people-to-people exchanges: Now, therefore, be itThat the House of Representatives—(1)commends Papua New Guinea on successfully maintaining a parliamentary democracy since independence, and its ongoing efforts to deliver greater transparency in infrastructure development and accountability in government;(2)supports and affirms the full implementation of provisions of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409) with regard to deepening its cooperation with Papua New Guinea in areas of mutual interest, including fisheries and marine resource conservation, environmental challenges and resilience, global health, development and trade, people-to-people ties, and continuing United States assistance, as appropriate, to support the rule of law, good governance, and economic development;(3)supports the Papua New Guinea Electrification Partnership in cooperation with Australia, Japan, and New Zealand, a project to connect 70 percent of the population to electricity by 2030, and the executive branch’s commitment to principles-based, sustainable infrastructure development that is transparent, non-discriminatory, environmentally responsible, promotes fair and open competition, upholds robust standards, meets the genuine needs of the people of Papua New Guinea, and avoids unsustainable debt burdens; and(4)recognizes Papua New Guinea’s participation in multilateral institutions, including the United Nations, International Monetary Fund, World Bank, Asian Development Bank, International Atomic Energy Agency, the World Trade Organization, the Secretariat of the Pacific Regional Environmental Programme, as well as the Pacific Islands Forum, Asia Pacific Economic Cooperation (APEC) forum, Association of Southeast Asian Nations (ASEAN) Regional Forum (ARF), the Pacific Community, and the South Pacific Regional Environmental Program.


		I
		111th CONGRESS
		1st Session
		H. R. 3643
		IN THE HOUSE OF REPRESENTATIVES

			September 24, 2009
			Mr. Alexander
			 introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To make technical corrections to section 3013(b) of the
		  Water Resources Development Act of 2007.

		1.Red-Ouachita River Basin
			 Levees, Arkansas and LouisianaSection 3 of the Flood Control Act of August
			 18, 1941 (55 Stat. 642), as amended by section 3013(b) of the Water Resources
			 Development Act of 2007 (121 Stat. 1109), is further amended by striking
			 the first section of the Mississippi River Flood Control Act of May 15,
			 1928 (45 Stat. 534), and inserting the following: the first
			 section and section 6 of the Mississippi River Flood Control Act of May 15,
			 1928 (45 Stat. 534), and any other provision of law,.


117 S1226 ES: To designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the “Sylvia H. Rambo United States Courthouse”, and for other purposes.
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

117th CONGRESS1st SessionS. 1226IN THE SENATE OF THE UNITED STATESAN ACTTo designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the Sylvia H. Rambo United States Courthouse, and for other purposes.1.Sylvia H. Rambo United States Courthouse(a)DesignationThe United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, shall be known and designated as the Sylvia H. Rambo United States Courthouse.(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the Sylvia H. Rambo United States Courthouse.Passed the Senate October 7, 2021.Secretary


110 HR 1322 IH: Emergency Retiree Health Benefits Protection Act of

U.S. House of Representatives
2007-03-05
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
		1st Session
		H. R. 1322
		IN THE HOUSE OF REPRESENTATIVES

			March 5, 2007
			Mr. Tierney (for
			 himself, Mr. Abercrombie,
			 Mr. Ackerman,
			 Mr. Berman,
			 Mr. Conyers,
			 Mr. Delahunt,
			 Mr. Doggett,
			 Mr. Doyle,
			 Mr. Engel,
			 Mr. Frank of Massachusetts,
			 Mr. Grijalva,
			 Mr. Hinchey,
			 Ms. Hooley,
			 Ms. Jackson-Lee of Texas,
			 Mr. Kagen,
			 Mr. Kennedy,
			 Mr. Kildee,
			 Mr. Kucinich,
			 Mr. Lantos,
			 Ms. Zoe Lofgren of California,
			 Mrs. Lowey,
			 Mr. Lynch,
			 Mrs. Maloney of New York,
			 Mrs. McCarthy of New York,
			 Ms. McCollum of Minnesota,
			 Mr. McDermott,
			 Mr. McGovern,
			 Mr. Meehan,
			 Mr. Michaud,
			 Mr. George Miller of California,
			 Mr. Moran of Virginia,
			 Mr. Murtha,
			 Ms. Norton,
			 Mr. Oberstar,
			 Mr. Olver,
			 Mr. Rothman,
			 Mr. Sherman,
			 Ms. Slaughter,
			 Mr. Stark, and
			 Mr. Wexler) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor, and in addition to the Committee on
			 the Budget, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend title I of the Employee Retirement Income
		  Security Act of 1974 to provide emergency protection for retiree health
		  benefits.

		1.Short titleThis Act may be cited as the
			 Emergency Retiree Health Benefits
			 Protection Act of 2007.
		2.Findings and
			 purposes
			(a)FindingsThe
			 Congress finds the following:
				(1)Retired
			 participants of group health plans regulated by the
			 Employee Retirement Income Security Act of
			 1974 (ERISA) have been severely harmed by the virtually unchecked
			 practices of sponsors of such plans involving the post-retirement cancellation
			 or reduction of health benefits which retirees counted on receiving for their
			 lifetimes.
				(2)Such widespread
			 post-retirement reductions in retiree health benefits has led to a crisis in
			 retiree health care in which retirees—
					(A)have been unable to
			 substitute individual coverage for the group coverage they lost, or, in order
			 to obtain individual coverage, have jeopardized their economic security in
			 retirement;
					(B)because of
			 preexisting medical conditions cannot obtain substitute coverage that they can
			 afford without depleting their life savings or have been unable to obtain
			 adequate medical care or medical care they had relied on to deal with serious
			 illness;
					(C)have sustained
			 catastrophic illnesses or injuries or otherwise experienced a marked
			 deterioration in their medical conditions or health as a result of
			 post-retirement changes to their medical benefits;
					(D)have been
			 transferred indiscriminately into improperly or inadequately managed health
			 maintenance organizations or other managed care entities, resulting in the
			 worsening rather than improvement of prior medical conditions; and
					(E)in many instances,
			 have failed to obtain adequate relief in the courts due to highly restrictive
			 judicial interpretations which are inconsistent with ERISA’s underlying
			 protective purposes.
					(3)The crisis in
			 retirees healthcare generated by the plan sponsor practice of post-retirement
			 cancellations or reductions of previously promised retiree health benefits has
			 led to a widespread loss of confidence in the integrity of ERISA-regulated
			 group health plans and the ability of ERISA itself to adequately protect
			 retiree health benefits.
				(4)A
			 strong and dependable private sector retiree health system is necessary to the
			 essential health of our Nation’s senior citizens.
				(b)PurposesThe
			 purposes of this Act are to ensure that the reasonable health benefit
			 expectations of retirees from ERISA-regulated group health plans are fulfilled,
			 to minimize the incidence of prolonged legal disputes arising out of the
			 post-retirement cancellation or reduction of retiree health benefits from such
			 plans, and to prevent further adverse effects on retiree health arising from
			 such post-retirement changes. To this end, the purposes of this Act also
			 include the following:
				(1)to
			 safeguard retired participants of group health plans subject to the
			 Employee Retirement Income Security Act of
			 1974 (29 U.S.C. 1001 et seq.) from loss or reduction of their health
			 benefits from such plans by barring plan sponsors from canceling or reducing
			 such benefits after the dates such participants retire and when they no longer
			 are able to absorb such losses or reductions without experiencing adverse
			 effects on their health or finances;
				(2)to establish an
			 enforceable obligation on the part of sponsors of such group health plans to
			 restore health benefits previously taken away from retired participants of such
			 plans to the extent such benefits were canceled or altered after the dates such
			 participants retired and the plan sponsor would not sustain substantial
			 business hardship by restoring such benefits; and
				(3)to establish an
			 Emergency Retiree Health Loan Guarantee Program to assist sponsors of group
			 health plans subject to the obligation to restore retiree health benefits under
			 this Act to obtain credit to assist them in discharging such obligations by
			 providing retiree health loan guarantees that would encourage the availability
			 of such credit.
				3.Amendment of
			 Employee Retirement Income Security Act of
			 1974 to provide retiree health benefit protections in group health
			 plans
			(a)In
			 generalSubtitle B of title I of the
			 Employee Retirement Income Security Act of
			 1974 is amended by adding at the end a new part 8 as follows:

					8Emergency retiree
				health benefit protections
						801.Prohibition
				against post-retirement reductions of retiree health benefits by group health
				plans
							(a)In
				generalNotwithstanding that a group health plan described in
				subsection (b) may contain a provision reserving the general power to amend or
				terminate the plan or a provision specifically authorizing the plan to make
				post-retirement reductions in retiree health benefits, it shall be prohibited
				for any group health plan, whether through amendment or otherwise, to reduce
				the benefits provided to a retired participant or his or her beneficiary under
				the terms of the plan if such reduction of benefits occurs after the date the
				participant retired for purposes of the plan and reduces benefits that were
				provided to the participant, or his or her beneficiary, as of the date the
				participant retired. Any group health plan provision which purports to
				authorize the reduction of benefits in a manner inconsistent with the foregoing
				prohibition shall be void as against public policy.
							(b)Group health
				planThe term group health plan shall have the same
				meaning as in section 607(1).
							(c)Prohibited
				reduction of benefitsAs used in this section, references to a
				prohibited reduction of benefits means any group health plan amendment or other
				action which has the effect of—
								(1)canceling,
				decreasing or limiting the amount, type, level, or form of any benefit or
				option provided prior to the amendment or action;
								(2)imposing or
				increasing the out-of-pocket costs a retired participant, or his or her
				beneficiary, must pay in order to keep or obtain any benefits that were
				provided to the participant or beneficiary prior to the amendment or action;
				or
								(3)modifying the
				manner by which medical services are delivered under the plan so that after the
				amendment or action a retired participant, or his or her beneficiary, has less
				ready access to the delivery of any such medical services than the participant
				or beneficiary had prior to the amendment or action.
								(d)Treatment of
				plan termination
								(1)In
				generalSubject to paragraph (2), a termination of a group health
				plan shall be treated as violating the prohibition contained in this section
				if, after the termination, the plan sponsor of the terminated plan fails to
				continue to provide to the participants who retired prior to the termination
				and to their beneficiaries the same retiree health benefits that were provided
				prior to the termination.
								(2)WaiverParagraph
				(1) shall not apply in the case of the termination of a group health plan if
				the Secretary issues a waiver under this paragraph in connection with such
				termination. The Secretary shall issue such a waiver if and only if the plan
				sponsor demonstrates to the satisfaction of the Secretary, in accordance with
				regulations prescribed by the Secretary, that such plan sponsor will be unable
				to continue in business unless such a waiver is issued.
								(e)Consent or
				authorization by participantA reduction of benefits shall not be
				treated as prohibited by this section if such reduction is consented to in
				writing by any retired participant or is authorized with respect to the retired
				participant under the terms of one or more agreements which the Secretary finds
				to be collective bargaining agreements between one or more employee
				representatives who were representing such participant at the time of the entry
				into such agreement and one or more employers.
							802.Adoption by
				group health plans of provision barring post-retirement reductions in retiree
				health benefitsEvery group
				health plan shall contain a provision which expressly bars the plan, or any
				fiduciary of the plan, from reducing the benefits provided under the plan to a
				retired participant, or his or her beneficiary, if such reduction affects the
				benefits provided to the participant or beneficiary as of the date the
				participant retired for purposes of the plan and such reduction occurs after
				the participant’s retirement.
						803.Restoration by
				group health plans of benefits reduced after retirement
							(a)In
				generalThe plan sponsor of each group health plan shall provide,
				in accordance with this section, the option of benefit restoration to each
				retired participant that meets the following requirements:
								(1)The retired
				participant is entitled to benefit coverage under the plan as of the date of
				enactment of the Emergency Retiree Health
				Benefits Protection Act of 2007.
								(2)The amount, type,
				level, or form of any benefits or option provided to the retired participant
				under the plan as of the date the participant retired was reduced after the
				participant’s date of retirement. For purposes of the preceding sentence, the
				term reduced has the same meaning as in section 801(c).
								(3)The retired
				participant has elected to restore benefits under the plan within the
				restoration period prescribed by subsection (c) and in accordance with such
				procedures established by the plan pursuant to regulations of the
				Secretary.
								(b)Exception for
				certain plansIn accordance with regulations prescribed by the
				Secretary, subsection (a) shall not apply to any group health plan with less
				than 100 participants both on and after the date of enactment of the
				Emergency Retiree Health Benefits Protection
				Act of 2007.
							(c)Restoration
				periodThe term restoration period means the period
				which—
								(1)begins not later
				than 1 year after the date of enactment of the
				Emergency Retiree Health Benefits Protection
				Act of 2007;
								(2)ends before 2
				years from such date, unless extended by the Secretary pursuant to section
				804(g); and
								(3)is of no less than
				60 days duration.
								(d)Notice
				requirements concerning restoration of benefitsIn accordance
				with regulations prescribed by the Secretary, each group health plan subject to
				the requirements of subsection (a) shall, within no less than 30 days prior to
				the commencement of the plan’s restoration of benefits period, provide written
				notice to each retired participant of the plan who meets the requirements of
				subsection (a) of the following:
								(1)A description of
				all benefits the retired participant is entitled to have restored.
								(2)The administrative
				procedure established under the plan which may be used to submit a claim for
				the restoration of any benefits.
								(3)An itemization of
				the value of each benefit the retired participant is entitled to have restored,
				as determined in accordance with regulations of the Secretary, and the total
				value of all such benefits.
								(4)A description of
				any post-retirement increases in retiree health benefits the retired
				participant received which the plan sponsor could rescind if the retired
				participant asserts a claim for the restoration of benefits.
								(5)An itemization of
				the value of each retiree health benefit the plan sponsor could rescind, as
				determined in accordance with regulations of the Secretary, and the total value
				of all such benefits.
								(6)If the plan
				sponsor has filed an application for a substantial business hardship exemption
				under section 804, the date such application was filed, the date notice of such
				application was given to retired participants entitled to submit a claim for
				the restoration of benefits, and the status of such application as of the date
				of the notice sent pursuant to this subsection.
								(7)Such other
				information in such form and detail as may be prescribed by the Secretary to
				carry out the purposes of this part.
								(e)Deadline for
				restoration of benefitsRegardless of any extension that may be
				granted by the Secretary pursuant to section 804(g), all benefits required to
				be restored under this section shall be restored within no more than 3 years
				from the date of enactment of the Emergency
				Retiree Health Benefits Protection Act of 2007, or the date the
				plan sponsor files an application for an exemption under section 804, whichever
				comes last.
							804.Exemption from
				restoration of benefits requirements
							(a)Application for
				exemptionAny plan sponsor of a group health plan that would
				sustain substantial business hardship if required to fulfill, in whole or in
				part, the restoration of benefits requirements contained in section 803, may
				file an application for an exemption with the Secretary from any or all of such
				requirements.
							(b)Authority for
				waiver or varianceIn response to an application filed by a plan
				sponsor pursuant to subsection (a), the Secretary may waive or vary the
				requirements of section 803 with respect to any or all of such requirements,
				including postponing for reasonable periods of time the obligation of the plan
				sponsor to restore reduced benefits, if the Secretary finds that compliance by
				the plan sponsor with the requirements of section 803 would—
								(1)be adverse to the
				interests of plan participants in the aggregate;
								(2)not be
				administratively feasible; and
								(3)cause substantial
				business hardship to the plan sponsor.
								(c)Factors taken
				into accountFor purposes of this section, the factors to be
				taken into account in determining substantial business hardship shall include
				(but shall not be limited to) whether—
								(1)the plan sponsor
				is operating at an economic loss;
								(2)compliance with
				the restoration of benefits requirements would necessitate substantial future
				reductions in health benefits provided to participants under the plan or cause
				a substantial decline in employment with the plan sponsor;
								(3)it is reasonable
				to expect that the plan will be continued only if a waiver or appropriate
				variance is granted; and
								(4)the provisions of
				the Retiree Health Loan Guarantee Program established under section 805 are
				unavailable to the plan sponsor submitting the application, or, if available,
				still would not provide a sufficient basis for denying a waiver or
				variance.
								(d)Requirement of
				satisfactory evidence
								(1)In
				generalThe Secretary shall, before granting a waiver or variance
				under this section, require each applicant to provide evidence satisfactory to
				the Secretary that the applicant has provided timely written notice of the
				filing of an application for such waiver or variance to each retired
				participant entitled to submit a claim for the restoration of benefits under
				the applicant’s plan.
								(2)TimelinessFor
				purposes of paragraph (1), a written notice shall be considered timely if it is
				provided not later than 60 days prior to the date the plan sponsor files an
				application for a waiver or variance under this section.
								(3)Information
				requiredThe notice referred to in paragraph (1) shall include
				information with respect to the specific relief that will be sought by the plan
				sponsor’s application, the period of time for which relief is sought, and such
				other relevant information as the Secretary may prescribe.
								(e)Participation in
				proceedings by retired plan participantsEach retired participant
				entitled to submit a claim for the restoration of benefits within the meaning
				of this section shall be provided a reasonable opportunity to submit comments
				or otherwise participate in any proceeding established by the Secretary to
				determine whether to grant or deny an application for a waiver or variance
				filed by the retired participant’s plan sponsor.
							(f)Exception for
				certain applicationsThe Secretary shall not be authorized to
				grant any application for a waiver or variance purporting to satisfy the
				requirements of subsection (b) if—
								(1)within the 5-year
				period preceding the date of the plan sponsor’s application the plan sponsor
				could have transferred excess pension assets to a health benefits account
				within the meaning of section 420 of the Internal Revenue Code of 1986 (as in
				effect on the date of the enactment of the Tax Relief Extension Act of 1999)
				but failed to do so, and the plan sponsor is submitting an application on
				behalf of such retiree health account; or
								(2)the plan sponsor
				submitting the application also maintains a fully funded pension plan with
				respect to which—
									(A)retired
				participants eligible to submit a claim for the restoration of benefits under
				section 803 are also eligible to receive ad hoc cost-of-living adjustment
				benefits;
									(B)the assets of the
				fully funded pension plan, over the past 5 years preceding the date of
				application for a waiver or variance, on average have exceeded 120 percent of
				the plan’s liabilities;
									(C)the plan had no
				minimum funding requirement to satisfy within the 5 years preceding the date of
				application for the waiver or variance and the plan sponsor submitting the
				application made no minimum funding contribution to the fully funded pension
				plan during such 5-year period; and
									(D)the plan sponsor
				submitting the application for a waiver or variance failed to provide an ad hoc
				cost-of-living adjustment benefit from the fully funded pension plan during the
				5-year period preceding the date of application for the waiver or
				variance.
									(g)Running of
				restoration period suspendedThe submission of an application for
				a waiver or variance pursuant to this section shall suspend the running of any
				relevant restoration period as specified in subsection (c). Where appropriate,
				the Secretary shall direct the reopening of any relevant restoration period
				upon the final conclusion of proceedings to determine whether an application
				should be granted or denied.
							805.Establishment
				of Emergency Retiree Health Loan Guarantee Program
							(a)DefinitionsFor
				purposes of this section—
								(1)BoardThe
				term Board means the Emergency Retiree Health Loan Guarantee Board
				established under subsection (c).
								(2)ProgramThe
				term Program means the Emergency Retiree Health Loan Guarantee
				Program established under subsection (b).
								(3)Eligible plan
				sponsorThe term eligible plan sponsor means any
				plan sponsor as defined in section 3(16)(B) that maintains a group health plan
				subject to the retiree health benefits restoration requirements of section
				803.
								(b)Establishment of
				Emergency Retiree Health Loan Guarantee ProgramThere is
				established the Retiree Health Loan Guarantee Program, to be administered by
				the Board, the purpose of which is to provide loan guarantees to eligible plan
				sponsors in accordance with this section.
							(c)Retiree Health
				Loan Guarantee Board membershipThere is established a Retiree
				Health Loan Guarantee Board, which shall be composed of—
								(1)the Secretary of
				Labor, who shall serve as Chairman of the Board;
								(2)the Secretary of
				Commerce;
								(3)the Secretary of
				the Treasury;
								(4)the Secretary of
				Health and Human Services; and
								(5)the Chairman of
				the Council of Economic Advisers.
								(d)Retiree Health
				Loan Guarantee Program
								(1)AuthorityThe
				Program may guarantee loans provided by private banking and investment
				institutions to eligible plan sponsors for purposes of assisting such plan
				sponsors to meet their obligations under section 803. Such loan guarantees
				shall be provided to the extent provided in advance in appropriation Acts
				pursuant to paragraph (4) and only in accordance with the procedures, rules,
				and regulations established by the Board.
								(2)Total guarantee
				limitThe aggregate amount of loans guaranteed and outstanding at
				any time under this section may not exceed $5,000,000,000.
								(3)Individual
				guarantee limitThe aggregate amount of loans guaranteed under
				this section with respect to a single eligible plan sponsor may not exceed
				$5,000,000.
								(4)Additional
				costsFor the additional cost of loans guaranteed under this
				subsection, including the costs of modifying the loans, as defined in section
				502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), there is
				authorized to be appropriated $200,000,000, to remain available until
				expended.
								(e)Requirements for
				loan guaranteesA loan guarantee may be issued under this section
				upon application to the Board by an eligible plan sponsor pursuant to an
				agreement to provide a loan to that eligible plan sponsor by a private bank or
				investment company, if the Board determines that—
								(1)credit is not
				otherwise available to that eligible plan sponsor under reasonable terms and
				conditions sufficient to meet its financing needs with respect to the
				restoration of retiree health benefits, as reflected in the financial and
				business plans of that eligible plan sponsor;
								(2)the prospective
				earning power of that eligible plan sponsor, together with the character and
				value of the security pledged, furnish reasonable assurance of repayment of the
				loan to be guaranteed in accordance with its terms;
								(3)the loan to be
				guaranteed bears interest at a rate determined by the Board to be reasonable,
				taking into account the current average yield on outstanding obligations of the
				United States with remaining periods of maturity comparable to the maturity of
				such loan;
								(4)the loan to be
				guaranteed will materially assist that eligible plan sponsor to discharge its
				obligation to comply with the restoration of benefits requirements contained in
				section 803; and
								(5)the eligible plan
				sponsor has agreed to an audit by the Government Accountability Office prior to
				the issuance of the loan guarantee and annually while any such guaranteed loan
				is outstanding.
								(f)Terms and
				conditions of loan guarantee
								(1)Loan
				durationAll loans guaranteed under this section shall be payable
				in full not later than December 31, 2015, and the terms and conditions of each
				such loan shall provide that the loan may not be amended or any provision
				thereof waived without the consent of the Board.
								(2)Loan
				securityAny commitment to issue a loan guarantee under this
				section shall contain such affirmative and negative covenants and other
				protective provisions that the Board determines are appropriate.
								(3)FeesAn
				eligible plan sponsor receiving a guarantee under this section shall pay a fee
				in an amount equal to 0.5 percent of the outstanding principal balance of the
				guaranteed loan to the Department of the Treasury.
								(g)Reports to
				CongressThe Secretary of Labor shall submit annually to each
				House of the Congress a full report of the activities of the Board under this
				section during 2008 and 2009, and annually thereafter during such period as any
				loan guaranteed under this section is outstanding. Such report shall be
				submitted not later than January 31 of each year (beginning in 2008).
							(h)Salaries and
				administrative expensesFor necessary expenses to administer the
				Program, there is authorized to be appropriated to the Department of Labor (and
				to be transferred to the Office of the Assistant Secretary for Pension and
				Welfare Benefits Administration) $10,000,000, to remain available until
				expended.
							(i)Termination of
				guarantee authorityThe authority of the Board to make
				commitments to guarantee any loan under this section shall terminate on
				December 31, 2013.
							(j)Regulatory
				actionThe Board shall issue such final procedures, rules, and
				regulations as may be necessary to carry out this section not later than 90
				days after the date of enactment of the Emergency Retiree Health Benefits Protection Act of
				2007. In no event shall the Board issue a procedure, rule, or
				regulation which authorizes it to approve or deny any application for a loan
				guarantee in more than 270 days after receipt of such application.
							(k)Emergency
				designationThe entire amount made available to carry out this
				section—
								(1)is designated by
				Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the
				Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
				901(b)(2)(A)); and
								(2)shall be available
				only to the extent that an official budget request that includes designation of
				the entire amount as an emergency requirement (as defined in the Balanced
				Budget and Emergency Deficit Control Act of 1985) is transmitted by the
				President to the Congress.
								806.Effect on other
				claims
							(a)Other claims
				unaffectedNothing contained in this part shall be construed to
				alter, impair, or eliminate any claim for retiree health benefits based on
				conduct alleged to violate the terms of a group health plan, any provision of
				this Act (other than this part), or both, regardless of whether such conduct
				occurred prior to, on, or after, the effective date of this part.
							(b)Other causes of
				action not authorizedUnless the conduct giving rise to a claim
				for retiree health benefits is alleged to violate the provisions of this part,
				nothing contained in this part shall be construed to authorize any other cause
				of action for the recovery of retiree health benefits.
							807.RegulationsThe Secretary may promulgate such
				regulations as may be necessary to carry out the provisions of this part. The
				Secretary may promulgate any interim final rules as the Secretary deems are
				appropriate to carry out this part.
						808.EnforcementThe enforcement provisions of sections 501
				and 502 shall be applicable to this
				part.
						.
			(b)Civil penalty
			 SectionSection 502(c) of the Employee Retirement Income Security Act of
			 1974 (29 U.S.C. 1132(e)) is amended—
				(1)by redesignating
			 paragraph (9) as paragraph (10); and
				(2)by
			 inserting after paragraph (8) the following new paragraph:

						(9)The Secretary may assess a civil
				penalty of not more than $1,000 for each separate violation of section 801,
				802, or 803 by any person individually with respect to each participant or
				beneficiary aggrieved by such
				violation.
						.
				(c)Conforming
			 amendmentThe table of contents in section 1 of such Act is
			 amended by inserting after the item relating to section 734 the following new
			 items:

						Part 8—Emergency retiree health
				benefit protections
						Sec. 801. Prohibition against
				post-retirement reductions of retiree health benefits by group health
				plans.
						Sec. 802. Adoption by group health
				plans of provision barring post-retirement reductions in retiree health
				benefits.
						Sec. 803. Restoration by group health
				plans of benefits reduced after retirement.
						Sec. 804. Exemption from restoration
				of benefits requirements.
						Sec. 805. Establishment of Emergency
				Retiree Health Loan Guarantee Program.
						Sec. 806. Effect on other
				claims.
						Sec. 807. Regulations.
						Sec. 808.
				Enforcement.

					.
			4.Separability of
			 provisionsThe provisions of
			 section 509 of the Employee Retirement Income
			 Security Act of 1974 (29 U.S.C. 1139) shall be applicable to this
			 Act and the amendments made thereby.
		5.Effective
			 dateThe amendments made by
			 this Act shall take effect on the date of the enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 1813
		IN THE HOUSE OF REPRESENTATIVES

			May 10, 2011
			Mr. Connolly of
			 Virginia 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 deny tax
		  benefits to large oil companies and distribute the amounts raised to licensed
		  drivers in order to provide relief from high gas prices.

		1.Short titleThis Act may be cited as the
			 Gas Price Relief Act of
			 2011.
		2.Distribution of
			 resulting revenues to licensed driversThe Secretary of the Treasury shall
			 distribute all of the revenues received by the United States each fiscal year
			 as a result of the enactment of this Act, by payment in equal amount, to each
			 holder of a valid driver’s license (as that term is defined in section 159 of
			 title 23, United States Code).
		3.Amortization of
			 geological and geophysical expenditures
			(a)In
			 generalSubparagraph (A) of
			 section 167(h)(5) of the Internal Revenue Code of 1986 is amended by striking
			 major integrated oil company and inserting covered large
			 oil company.
			(b)Covered large
			 oil companyParagraph (5) of section 167(h) of such Code is
			 amended by redesignating subparagraph (B) as subparagraph (C) and by inserting
			 after subparagraph (A) the following new subparagraph:

					(B)Covered large
				oil companyFor purposes of
				this paragraph, the term covered large oil company means a
				taxpayer which—
						(i)is
				a major integrated oil company, or
						(ii)has gross
				receipts in excess of $50,000,000 for the taxable year.
						For
				purposes of clause (ii), all persons treated as a single employer under
				subsections (a) and (b) of section 52 shall be treated as 1
				person..
			(c)Conforming
			 amendmentThe heading for paragraph (5) of section 167(h) of such
			 Code is amended by inserting and other large taxpayers.
			(d)Effective
			 dateThe amendments made by this section shall apply to amounts
			 paid or incurred in taxable years beginning after December 31, 2011.
			4.Producing oil and
			 gas from marginal wells
			(a)In
			 generalSection 45I of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(e)Exception for
				taxpayer who is not small, independent oil and gas company
						(1)In
				generalSubsection (a) shall
				not apply to any taxpayer which is not a small, independent oil and gas company
				for the taxable year.
						(2)Aggregation
				ruleFor purposes of
				paragraph (1), all persons treated as a single employer under subsections (a)
				and (b) of section 52 shall be treated as 1
				person.
						.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) shall apply to credits determined for taxable years beginning
			 after December 31, 2011.
			5.Enhanced oil
			 recovery credit
			(a)In
			 generalSection 43 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(f)Exception for
				taxpayer who is not small, independent oil and gas company
						(1)In
				generalSubsection (a) shall
				not apply to any taxpayer which is not a small, independent oil and gas company
				for the taxable year.
						(2)Aggregation
				ruleFor purposes of
				paragraph (1), all persons treated as a single employer under subsections (a)
				and (b) of section 52 shall be treated as 1
				person.
						.
			(b)Effective
			 dateThe amendments made by
			 this section shall apply to amounts paid or incurred in taxable years beginning
			 after December 31, 2011.
			6.Intangible
			 drilling and development costs in the case of oil and gas wells
			(a)In
			 generalSubsection (c) of
			 section 263 of the Internal Revenue Code of 1986 is amended by adding at the
			 end the following new sentence: This subsection shall not apply to
			 amounts paid or incurred by a taxpayer in any taxable year in which such
			 taxpayer is not a small, independent oil and gas company, determined by deeming
			 all persons treated as a single employer under subsections (a) and (b) of
			 section 52 as 1 person..
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to amounts paid or incurred in taxable years beginning
			 after December 31, 2011.
			7.Percentage
			 depletion
			(a)In
			 generalSection 613A of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(f)Exception for
				taxpayer who is not small, independent oil and gas company
						(1)In
				generalThis section and
				section 611 shall not apply to any taxpayer which is not a small, independent
				oil and gas company for the taxable year.
						(2)Aggregation
				ruleFor purposes of
				paragraph (1), all persons treated as a single employer under subsections (a)
				and (b) of section 52 shall be treated as 1
				person.
						.
			(b)Conforming
			 amendmentSection 613A(c)(1) of such Code is amended by striking
			 subsection (d) and inserting subsections (d) and
			 (f).
			(c)Effective
			 dateThe amendment made by
			 this section shall apply to taxable years beginning after December 31,
			 2011.
			8.Tertiary
			 injectants
			(a)In
			 generalSection 193 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(d)Exception for
				taxpayer who is not small, independent oil and gas company
						(1)In
				generalSubsection (a) shall
				not apply to any taxpayer which is not a small, independent oil and gas company
				for the taxable year.
						(2)Exception for
				qualified carbon dioxide disposed in secure geological
				storageParagraph (1) shall not apply in the case of any
				qualified tertiary injectant expense paid or incurred for any tertiary
				injectant is qualified carbon dioxide (as defined in section 45Q(b)) which is
				disposed of by the taxpayer in secure geological storage (as defined by section
				45Q(d)).
						(3)Aggregation
				ruleFor purposes of
				paragraph (1), all persons treated as a single employer under subsections (a)
				and (b) of section 52 shall be treated as 1
				person.
						.
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to expenses incurred after December 31, 2011.
			9.Passive activity
			 losses and credits limited
			(a)In
			 generalParagraph (3) of
			 section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the
			 end the following:

					(C)Exception for
				taxpayer who is not small, independent oil and gas company
						(i)In
				generalSubparagraph (A)
				shall not apply to any taxpayer which is not a small, independent oil and gas
				company for the taxable year.
						(ii)Aggregation
				ruleFor purposes of clause
				(i), all persons treated as a single employer under subsections (a) and (b) of
				section 52 shall be treated as 1
				person.
						.
			10.Income
			 attributable to domestic production activities
			(a)In
			 generalSection 199 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(e)Exception for
				taxpayer who is not small, independent oil and gas companySubsection (a) shall not apply to the
				income derived from the production, transportation, or distribution of oil,
				natural gas, or any primary product (within the meaning of subsection (d)(9))
				thereof by any taxpayer which for the taxable year is an oil and gas company
				which is not a small, independent oil and gas
				company.
					.
			(b)Effective
			 dateThe amendment made by
			 this section shall apply to taxable years beginning after December 31,
			 2011.
			11.Prohibition on using
			 last-in, first-out accounting for major integrated oil companies
			(a)In
			 generalSection 472 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(h)Major integrated
				oil companiesNotwithstanding
				any other provision of this section, a major integrated oil company (as defined
				in section 167(h)) may not use the method provided in subsection (b) in
				inventorying of any
				goods.
					.
			(b)Effective date
			 and special rule
				(1)In
			 generalThe amendment made by subsection (a) shall apply to
			 taxable years beginning after December 31, 2011.
				(2)Change in method
			 of accountingIn the case of
			 any taxpayer required by the amendment made by this section to change its
			 method of accounting for its first taxable year beginning after the date of the
			 enactment of this Act—
					(A)such change shall
			 be treated as initiated by the taxpayer,
					(B)such change shall
			 be treated as made with the consent of the Secretary of the Treasury,
			 and
					(C)the net amount of
			 the adjustments required to be taken into account by the taxpayer under section
			 481 of the Internal Revenue Code of 1986 shall be taken into account ratably
			 over a period (not greater than 8 taxable years) beginning with such first
			 taxable year.
					12.Modifications of
			 foreign tax credit rules applicable to dual capacity taxpayers
			(a)In
			 generalSection 901 of the Internal Revenue Code of 1986 is
			 amended by redesignating subsection (n) as subsection (o) and by inserting
			 after subsection (m) the following new subsection:

					(n)Special rules
				relating to dual capacity taxpayers
						(1)General
				ruleNotwithstanding any other provision of this chapter, any
				amount paid or accrued by a dual capacity taxpayer to a foreign country or
				possession of the United States for any period with respect to combined foreign
				oil and gas income (as defined in section 907(b)(1)) shall not be considered a
				tax to the extent such amount exceeds the amount (determined in accordance with
				regulations) which would have been required to be paid if the taxpayer were not
				a dual capacity taxpayer.
						(2)Dual capacity
				taxpayerFor purposes of this subsection, the term dual
				capacity taxpayer means, with respect to any foreign country or
				possession of the United States, a person who—
							(A)is subject to a
				levy of such country or possession, and
							(B)receives (or will
				receive) directly or indirectly a specific economic benefit (as determined in
				accordance with regulations) from such country or
				possession.
							.
			(b)Effective
			 date
				(1)In
			 generalThe amendments made by this section shall apply to taxes
			 paid or accrued in taxable years beginning after December 31, 2011.
				(2)Contrary treaty
			 obligations upheldThe amendments made by this section shall not
			 apply to the extent contrary to any treaty obligation of the United
			 States.


 HR 1531 ENR: Land Management Workforce Flexibility Act
U.S. House of Representatives

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.

IB
One Hundred Fourteenth Congress of the United States of America At the First SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and fifteen
H. R. 1531

AN ACT
To amend title 5, United States Code, to provide a pathway for temporary seasonal employees in Federal land management agencies to compete for vacant permanent positions under internal merit promotion procedures, and for other purposes.

1.Short titleThis Act may be cited as the Land Management Workforce Flexibility Act.  2.Personnel flexibilities relating to land management agencies (a)In generalSubpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following:

96Personnel Flexibilities Relating to Land Management Agencies

Sec.
9601. Definitions.
9602. Competitive service; time-limited appointments.
9601.DefinitionsFor purposes of this chapter— (1)the term land management agency means—
(A)the Forest Service of the Department of Agriculture;  (B)the Bureau of Land Management of the Department of the Interior;
(C)the National Park Service of the Department of the Interior;  (D)the Fish and Wildlife Service of the Department of the Interior;
(E)the Bureau of Indian Affairs of the Department of the Interior; and  (F)the Bureau of Reclamation of the Department of the Interior; and
(2)the term time-limited appointment includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management.  9602.Competitive service; time-limited appointments (a)Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service at any land management agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if—
(1)the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment;  (2)the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and
(3)the employee’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2).  (b)In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.
(c)An individual appointed under this section— (1)becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
(2)acquires competitive status upon appointment.  (d)A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if—
(1)such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and  (2)such employee’s most recent separation was for reasons other than misconduct or performance.
(e)The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section..  (b)Clerical amendmentThe analysis for part III of title 5, United States Code, is amended by inserting after the item for chapter 95 the following:

96.Personnel flexibilities relating to land management agencies9601  .
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		I
		111th CONGRESS
		1st Session
		H. R. 340
		IN THE HOUSE OF REPRESENTATIVES

			January 8, 2009
			Mr. Platts introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To authorize the Secretary of the Interior to study the
		  suitability and feasibility of designating Camp Security, located in
		  Springettsbury, York County, Pennsylvania, as a unit of the National Park
		  System.

		1.Short titleThis Act may be cited as the
			 Camp Security National Historic Site
			 Study Act.
		2.FindingsCongress finds the following:
			(1)Camp Security is
			 believed to be the only undisturbed prisoner-of-war camp from the Revolutionary
			 War remaining in the United States.
			(2)Built at the
			 direction of the Continental Congress, Camp Security housed over 1,000 British
			 prisoners of war between 1781 and 1783.
			(3)The vast majority
			 of British soldiers imprisoned at Camp Security were captured as a result of
			 the Continental Army’s pivotal victories at the Battles of Saratoga and
			 Yorktown.
			(4)Large portions of
			 Camp Security were built along a steep hill using terraces, a unique
			 architectural and earthwork feature.
			(5)Upon the 1783
			 adoption of the Treaty of Paris, Camp Security was closed and those prisoners
			 who did not marry local women and settle in the area returned to their families
			 in Great Britain.
			(6)Recent excavations
			 and surveys of the site identified intact archeological deposits and recovered
			 numerous domestic and military artifacts.
			3.Study
			(a)In
			 generalThe Secretary of the Interior shall submit to the
			 Committee on Resources of the House of Representatives and the Committee on
			 Energy and Natural Resources of the Senate a study of the suitability and
			 feasibility of designating Camp Security, located in Springettsbury Township,
			 York County, Pennsylvania, as a unit of the National Park System.
			(b)ProcessSection
			 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) shall apply to the conduct of the
			 study required by this section, except that the study shall be submitted
			 pursuant to subsection (a) not later than 18 months after the date on which
			 funds are first made available for the study.


		III
		111th CONGRESS
		2d Session
		H. CON. RES. 323
		IN THE SENATE OF THE UNITED
		  STATES

			December 1, 2010
			Received and referred to the
			 Committee on the
			 Judiciary

		CONCURRENT RESOLUTION
		Supporting the goal of ensuring that all
		  Holocaust survivors in the United States are able to live with dignity,
		  comfort, and security in their remaining years.

		Whereas during the Holocaust, which took place between
			 1933 and 1945, an estimated 6,000,000 Jews and other targeted groups were
			 murdered by the Nazis and their collaborators;
		Whereas prior to and during World War II, the United
			 States consistently refused to permit large-scale immigration of Jewish
			 refugees, including the refusal of 936 Jewish refugees on the SS St. Louis in
			 1939;
		Whereas after the end of World War II and the liberation
			 of the concentration, labor, and death camps, many Jewish refugees who returned
			 home were the victims of numerous violent pogroms, and those who did not return
			 were housed in displaced persons camps in Europe;
		Whereas between 1945 and 1952, approximately 96,000
			 Holocaust survivors displaced after the end of World War II were admitted to
			 the United States;
		Whereas since 1952, more than 100,000 additional Holocaust
			 survivors, including Russian immigrants who suffered from persecution and
			 anti-Semitic acts under the Soviet regime, emigrated to the United
			 States;
		Whereas approximately 127,000 Holocaust survivors remain
			 in the United States, and many pass away each year;
		Whereas those who survived torture and forced labor under
			 Nazi occupation in concentration, labor, and death camps, as well as those who
			 were forced to flee to a country or region not under Nazi rule or occupation
			 during that time, continue to live with the scars of this unconscionable
			 tragedy;
		Whereas all Holocaust survivors are at least 65 years old
			 with approximately three-quarters of them older than 75 and a majority in their
			 80s and 90s;
		Whereas approximately two-thirds of Holocaust survivors
			 are elderly women who have challenges such as family caregiving, face risks
			 such as isolation and financial insecurity, and have specific health
			 needs;
		Whereas Holocaust survivors are 5 times more likely to be
			 living below the poverty line than other older people living in the United
			 States, and more than half of all Holocaust survivors fall beneath 200 percent
			 of the Federal poverty threshold;
		Whereas Holocaust survivors are more reliant on social
			 service programs than most people in the United States over the age of 65, with
			 proportionally more survivors than other older people needing home health
			 care;
		Whereas approximately two-thirds of Holocaust survivors
			 live alone, and living alone is a risk factor for institutionalization;
		Whereas while institutionalized settings are beneficial
			 for some older people in the United States, institutions have a
			 disproportionate adverse effect on Holocaust survivors by reintroducing the
			 sights, sounds, and routines of institutionalization that are reminiscent of
			 experiences during the Holocaust;
		Whereas Holocaust survivors are getting older and frailer,
			 and will be seeking support and assistance from social service providers to
			 enable them to age in place; and
		Whereas the United States represents and defends the
			 values of freedom, liberty, and justice and has a moral obligation to
			 acknowledge the plight and uphold the dignity of Holocaust survivors to ensure
			 their well-being in their remaining years: Now, therefore, be it

		That Congress—
			(1)supports the goal of ensuring that all
			 Holocaust survivors in the United States are able to live with dignity,
			 comfort, and security in their remaining years;
			(2)applauds the
			 nonprofit organizations and agencies that work tirelessly to honor and assist
			 Holocaust survivors in their communities;
			(3)urges the
			 Administration and the Department of Health and Human Services, in conjunction
			 with the Administration on Aging (AoA), to provide Holocaust survivors with
			 needed social services through existing programs; and
			(4)encourages the
			 Administration on Aging to expeditiously develop and implement programs that
			 ensure Holocaust survivors are able to age in place in their communities and
			 avoid institutionalization during their remaining years.

			Passed the House of
			 Representatives December 1, 2010.
			Lorraine C. Miller,
			Clerk


		III
		109th CONGRESS
		2d Session
		S. RES. 568
		IN THE SENATE OF THE UNITED STATES

			September 12, 2006
			Mr. Chambliss (for
			 himself and Mr. Isakson) submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the Columbus Northern Little
		  League team of Columbus, Georgia, for winning the championship game of the
		  Little League World Series.

		Whereas, on August 28, 2006, the Columbus Northern Little
			 League team defeated the Kawaguchi Little League team of Kawaguchi City, Japan,
			 by 2 runs to 1 run to win the 60th annual Little League Baseball World
			 Series;
		Whereas the Columbus Northern Little League team is only
			 the 2nd team from the State of Georgia to win the Little League Baseball World
			 Series in the 60-year history of that tournament;
		Whereas the Columbus Northern Little League team had an
			 impressive record of 20 wins and only 1 loss;
		Whereas, although no other pitcher in the history of the
			 Little League Baseball World Series had ever won more than 3 games during the
			 tournament, Kyle Carter made history by striking out 11 batters in the
			 championship game to earn his 4th win of the Little League Baseball World
			 Series;
		Whereas the success of the Columbus Northern Little League
			 team depended on the tremendous dedication and sportsmanship of the team,
			 including—
			(1)Matthew Hollis,
			 who played 2nd base and centerfield;
			(2)Ryan Lang, who
			 played right field;
			(3)Mason Meyers, who
			 played right field and 3rd base;
			(4)Matthew
			 Kuhlenberg, who played left field;
			(5)Patrick
			 Stallings, who played 3rd base;
			(6)Josh Lester, who
			 played 2nd base and shortstop;
			(7)Brady Hamilton,
			 who played 1st base, outfield, and pitched for the team;
			(8)Cody Walker, who
			 caught for the team;
			(9)Kyle Carter, who
			 pitched for the team;
			(10)J.T. Phillips,
			 who played shortstop and pitched for the team; and
			(11)Kyle Rovig, who
			 played left field and pitched for the team;
			Whereas the Columbus Northern Little League team was
			 managed by Randy Morris and coached by Richard Carter, each of whom
			 demonstrated leadership, professionalism, and respect for the players who they
			 led and the game of baseball;
		Whereas the fans of the Columbus Northern Little League
			 team showed enthusiasm, support, and courtesy for the game of baseball and all
			 of the players and coaches;
		Whereas the performance of the Columbus Northern Little
			 League team demonstrated to parents and communities throughout the United
			 States that athletic participation builds character and leadership in children;
			 and
		Whereas the Columbus Northern Little League team brought
			 pride and honor to the State of Georgia and the United States: Now, therefore,
			 be it

		That the Senate—
			(1)congratulates and
			 honors the Columbus Northern Little League team and the loyal fans who
			 supported the team on winning the 60th annual Little League Baseball World
			 Series;
			(2)recognizes and
			 commends the hard work, dedication, determination, and commitment to excellence
			 of the members, parents, coaches, and managers of the Columbus Northern Little
			 League team;
			(3)recognizes and
			 commends the people of Columbus, Georgia, for the outstanding loyalty and
			 support that they displayed for the Columbus Northern Little League team
			 throughout the season;
			(4)commends Little
			 League Baseball for continuing the tradition of encouraging the development of
			 sportsmanship and confidence in youth by sponsoring world-class baseball;
			 and
			(5)respectfully
			 requests that—
				(A)the American
			 people recognize the achievements of the Columbus Northern Little League team;
			 and
				(B)the Secretary of
			 the Senate transmit an enrolled copy of this resolution to—
					(i)the
			 City of Columbus; and
					(ii)each player,
			 manager, and coach of the Columbus Northern Little League Baseball team.


114 SRES 501 RS: Expressing the sense of the Senate on Russian military aggression.
U.S. Senate
2016-06-20
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.

IIICalendar No. 538114th CONGRESS2d SessionS. RES. 501IN THE SENATE OF THE UNITED STATESJune 20, 2016Mr. Perdue (for himself, Mr. Johnson, Mrs. Shaheen, Mr. Menendez, Mr. Risch, Mr. Gardner, and Mr. Rubio) submitted the following resolution; which was referred to the Committee on Foreign RelationsJune 28, 2016Reported by Mr. Corker, without amendmentRESOLUTIONExpressing the sense of the Senate on Russian military aggression.

 Whereas, on May 25, 1972, the United States and the Soviet Union signed the Agreement Between the Government of The United States of America and the Government of The Union of Soviet Socialist Republics on the Prevention of Incidents On and Over the High Seas (the Agreement). Russia and the United States remain parties to the Agreement;
 Whereas Article IV of the Agreement provides that Commanders of aircraft of the Parties shall use the greatest caution and prudence in approaching aircraft and ships of the other Party operating on and over the high seas, and … shall not permit simulated attacks by the simulated use of weapons against aircraft and ships, or performance of various aerobatics over ships;
 Whereas, on January 25, 2016, a Russian Su–27 air-superiority fighter flew within 15 feet of a United States Air Force RC–135U aircraft flying a routine patrol in international airspace over the Black Sea;
 Whereas, on April 11, 2016, the USS DONALD COOK, an Arleigh-Burke-class guided-missile destroyer, was repeatedly buzzed by Russian Su-24 attack aircraft while operating in the Baltic Sea. United States officials described the low-passes as having a simulated attack profile;
 Whereas, on April 12, 2014, a Russian Su–24 again conducted close-range low altitude passes for about 90 minutes near the DONALD COOK;
 Whereas the United States European Command expressed deep concerns about the April 11 and 12, 2016, Russian close-range passes over the DONALD COOK and stated that the maneuvers were unprofessional and unsafe;
 Whereas, on April 14, 2016, a Russian Su–27 barrel-rolled over a United States reconnaissance aircraft operating in international airspace over the Baltic Sea, at one point coming within 50 feet of the United States plane. The Pentagon condemned the maneuver as erratic and aggressive;
 Whereas, on April 20, 2016, Russian Permanent Representative to the North Atlantic Treaty Organization (NATO) Alexander Grushko accused United States military aircraft and vessels operating in international waters as attempting to exercise military pressure on Russia and promised to take all necessary measures [and] precautions, to compensate for these attempts to use military force;
 Whereas, on April 29, 2016, another Russian Su–27 performed another barrel-roll over a United States Air Force RC–135 reconnaissance plane, this time coming within approximately 100 feet of the aircraft;
 Whereas the commander of the United States Cyber Command, Admiral Mike Rogers, warned Congress during a Senate hearing that Russia and China can now launch crippling cyberattacks on the electric grid and other critical infrastructures of the United States;
 Whereas Russia’s military build-up and increasing Anti-Access/Area Denial capabilities in Kaliningrad and its expanded operations in the Arctic, the Black Sea, the eastern Mediterranean Sea, and in Syria aim to deny United States access to key areas of Eurasia and often pose direct challenges to stated United States interests;
 Whereas the United States has determined that in 2015, Russia continued to be in violation of obligations under the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles (the INF Treaty), signed in Washington, D.C. on December 8, 1987, and entered into force June 1, 1988, not to possess, produce, or flight-test a ground-launched cruise missile with a range capability of 500 km to 5,500 km, or to possess or produce launchers of such missiles; and
 Whereas General Philip Breedlove, Commander of United States European Command, stated that we face a resurgent and aggressive Russia, and as we have continued to witness these last two years, Russia continues to seek to extend its influence on its periphery and beyond: Now, therefore, be it

 That the Senate— (1)condemns the recent dangerous and unprofessional Russian intercepts of United States-flagged aircraft and vessels;
 (2)calls on the Government of the Russian Federation to cease provocative military maneuvers that endanger United States forces and those of its allies;
 (3)calls on the United States, its European allies, and the international community to continue to apply pressure on the Government of the Russian Federation to cease its provocative international behavior; and
 (4)reaffirms the right of the United States to operate military aircraft and vessels in international airspace and waters.June 28, 2016Reported without amendment


114 HR 4229 IH: Protecting Our Youth from Dangerous Synthetic Drugs Act of 2015
U.S. House of Representatives
2015-12-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4229
		IN THE HOUSE OF REPRESENTATIVES

			December 10, 2015
			Mr. Katko (for himself and Mr. Cicilline) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To address the continued threat posed by dangerous synthetic drugs by amending the Controlled
			 Substances Act relating to controlled substance analogues.

 1.Short titleThis Act may be cited as the Protecting Our Youth from Dangerous Synthetic Drugs Act of 2015. 2.Enforcement (a)In generalThe Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
 (1)in section 102(32), by striking subparagraph (A) and inserting the following:  (A)Except as provided in subparagraph (C), the term controlled substance analogue means—
 (i)a substance whose chemical structure is substantially similar to the chemical structure of a controlled substance in schedule I or II—
 (I)which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
 (II)with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
 (ii)a substance designated as a controlled substance analogue by the Controlled Substance Analogue Committee in accordance with section 201(i).; and
 (2)in section 201, by adding at the end the following:  (j) (1)The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish an interagency committee, to be known as the Controlled Substance Analogue Committee (referred to in this subsection as the Committee).
 (2)The Committee shall be— (A)headed by the Administrator of the Drug Enforcement Administration; and
 (B)comprised of scientific experts in the fields of chemistry and pharmacology from— (i)the Drug Enforcement Administration;
 (ii)the National Institute on Drug Abuse; (iii)the Centers for Disease Control and Prevention; and
 (iv)any other Federal agency determined by the Attorney General, in consultation with the Secretary of Health and Human Services, to be appropriate.
									(3)
 (A)The Committee shall convene, on an as needed basis, to establish and maintain a list of controlled substance analogues.
 (B)A substance may be designated as a controlled substance analogue by the Committee under this subsection if the substance is determined by the Committee to be similar to a schedule I or II controlled substance in either its chemical structure or its predictive effect on the body, in such a manner as to make it likely that the substance will, or can be reasonably expected to have a potential for abuse.
 (C)Evidence of human consumption by an individual or the public at large is not necessary before a substance may be designated as a controlled substance analogue under this subsection.
 (D)The Attorney General shall, through rulemaking, establish procedures of operation for the Committee.
								(4)
 (A)Not later than 30 days before each meeting of the Committee, the Attorney General shall submit to the Secretary of Health and Human Services a notice of the meeting of the Committee, which shall include—
 (i)a list of the substances to be considered by the Committee during the meeting for designation as a controlled substance analogue; and
 (ii)a request for the Secretary of Health and Human Services to make a determination of whether an exemption or approval for each substance listed under clause (i) is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).
 (B)Not later than 30 days after the date on which the Secretary of Health and Human Services receives notice under subparagraph (A), the Secretary shall submit to the Attorney General a written response to the request described under subparagraph (A)(ii). The Committee shall consider the response submitted by the Secretary of Health and Human Services in determining whether to designate a substance considered by the Committee at the meeting as a controlled substance analogue.
								(5)
 (A)The Attorney General shall publish in the Federal Register any designation made by the Committee under this subsection.
 (B)The Administrator of the Drug Enforcement Administration shall publish, on the website of the Drug Enforcement Administration, a description of each designation made by the Committee under this subsection, which shall include—
 (i)the chemical and common name of the controlled substance analogue; (ii)the effective date of the determination, as described in paragraph (6)(A); and
 (iii)any schedule I or II controlled substance that the Committee has determined a substance is an analogue of.
 (6)A designation made by the Committee under this subsection shall take effect on the date that is 30 days after the date on which the designation is published in the Federal Register under paragraph (5)(A).
 (7)If a substance designated as a controlled substance analogue by the Committee under this section is subsequently scheduled through a rulemaking proceeding under subsection (a), (d), or (h), the substance shall be automatically removed from the controlled substance analogue list.
 (8)If a defendant challenges the designation of a controlled substance analogue made by the Committee under this subsection the issue shall be considered a question of law..
 (b)FundingSection 111(b)(2)(B) of Public Law 102–395 (21 U.S.C. 886a(2)(B)) is amended by inserting controlled substance analogues, after substances,. 3.Importation of controlled substance analoguesSection 1002 of the Controlled Substances Import and Export Act (21 U.S.C. 952) is amended—
 (1)by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2)by inserting after subsection (b) the following:

 (c)It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance analogue designated pursuant to section 201(i) of the Controlled Substances Act (21 U.S.C. 811(i)) unless the controlled substance analogue is imported pursuant to such notification or declaration as the Attorney General may by regulation prescribe..
			4.Directive to Sentencing Commission
 (a)In generalPursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure the guidelines and policy statements provide adequate penalties for any offense involving the unlawful manufacturing, importing, exporting, or trafficking of controlled substance analogues under part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) or part A of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) and similar offenses, including unlawful possession, possession with intent to commit any of the foregoing offenses, and attempt and conspiracy to commit any of the foregoing offenses.
 (b)Commission dutiesIn carrying out this section, the Sentencing Commission shall— (1)ensure that the sentences, guidelines, and policy statements relating to offenders convicted of these offenses are appropriately severe and reasonably consistent with other relevant directives and other Federal sentencing guidelines and policy statements;
 (2)make any necessary conforming changes to the Federal sentencing guidelines; and (3)assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.


116 HR 3162 IH: Broadband Data Improvement Act of 2019
U.S. House of Representatives
2019-06-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3162IN THE HOUSE OF REPRESENTATIVESJune 6, 2019Mrs. Rodgers of Washington (for herself, Mr. O'Halleran, Mr. McKinley, Ms. Kuster of New Hampshire, Mr. Wittman, and Mr. Butterfield) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo improve broadband data collection, mapping, and validation to support the effective deployment
			 of broadband services to all areas of the United States, and for other
			 purposes.

		1.Short title
 This Act may be cited as the Broadband Data Improvement Act of 2019. 2.DefinitionsIn this Act:
 (1)Broadband internet access serviceThe term broadband internet access service has the meaning given the term in section 8.1 of title 47, Code of Federal Regulations, or any successor regulation.
 (2)CommissionThe term Commission means the Federal Communications Commission. (3)Federal agencyThe term Federal agency means—
 (A)the Commission; (B)the Department of Agriculture;
 (C)the Department of Commerce; (D)the Department of the Interior;
 (E)the Federal Trade Commission; (F)the National Economic Council; and
 (G)the Office of Science and Technology Policy. (4)Form 477The term Form 477 means Form 477 of the Commission relating to local telephone competition and broadband reporting.
 (5)National broadband mapThe term National Broadband Map means the map developed and maintained by the Commission with respect to the availability of broadband internet access service.
 (6)Propagation modelThe term propagation model means an empirical mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other conditions.
 (7)ProviderThe term provider means a provider of broadband internet access service. (8)ShapefileThe term shapefile means a digital storage format containing geospatial or location-based data and attribute information—
 (A)regarding the availability of broadband internet access service; and (B)that can be viewed, edited, and mapped in geographic information system software.
 (9)Standard broadband installationThe term standard broadband installation— (A)means the initiation of new wireline broadband internet access service with no charges or delays attributable to the extension of the network of the provider; and
 (B)includes the initiation of service that requires only routine installation that can be completed not later than 10 business days after the date on which the service request is submitted.
 (10)StateThe term State has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). 3.New data submission and public feedback processes (a)In generalNot later than 180 days after the date of enactment of this Act, the Commission shall issue a rule to establish—
 (1)a reporting requirement under which each provider shall, not less frequently than biannually, submit to the Commission accurate and granular information regarding the geographic availability of broadband internet access service provided by the provider; and
 (2)a framework for an ongoing challenge process through which a provider or a member of the public may submit information challenging the accuracy of the information reflected on the National Broadband Map.
 (b)Reporting requirement conditionsThe reporting requirement established by the Commission under subsection (a)(1) shall— (1)require information regarding the service area of each provider to be—
 (A)submitted in shapefile format, or another geospatial format as the Commission may prescribe, to achieve the level of reporting specificity required under paragraph (2) of this subsection; and
 (B)before making each submission required under subsection (a)(1), certified— (i)as adhering to such reporting standards as the Commission may prescribe;
 (ii)on a form to be prescribed by the Commission; and (iii)by an officer of the provider;
 (2)allow for an understanding by the Commission and the general public of speeds and service delivery types of broadband internet access service that are available through—
 (A)a standard broadband installation for fixed wireline services; and (B)standardized and tested propagation models with respect to—
 (i)fixed wireless and satellite services; and (ii)mobile services, with defined factors for signal strength, cell edge probability, and cell loading;
 (3)define uniform mandatory standards for the reporting of broadband internet access service coverage for each delivery type with respect to broadband internet access service in order to—
 (A)ensure the accuracy and granularity of the data submitted; and (B)require each provider to employ consistent reporting methods across all States in which the provider provides service;
 (4)update or replace the Form 477 broadband deployment service availability data collection process of the Commission; and
 (5)eliminate all duplicative reporting requirements and procedures regarding the availability of broadband internet access service that are in existence as of the date on which the Commission establishes the requirement.
 (c)Challenge process conditionsThe framework for the challenge process established by the Commission under subsection (a)(2) shall include an ongoing schedule for the periodic—
 (1)receipt, analysis, and resolution of feedback received through the process; and (2)updating of the National Broadband Map, which shall be completed—
 (A)in an expeditious manner; and (B)in response to the feedback described in paragraph (1).
					(d)National Broadband Map
 (1)In generalSubject to feedback received through the challenge process, the framework for which is established under subsection (a)(2), a Federal agency shall use the National Broadband Map to determine—
 (A)the extent of the availability of broadband internet access service; and (B)the areas of the United States that remain unserved by providers.
 (2)Challenge notice of opportunityBefore awarding funding that supports the development of broadband internet access services and that is based on the information reflected on the National Broadband Map, a Federal agency shall provide notice of an opportunity for public feedback to challenge or update the information on the map that—
 (A)aligns with the schedule established under subsection (c); or (B)provides a separate public feedback opportunity under rules that may be established by the Federal agency.
					4.Data validation and submission assistance
			(a)Selected provider
				(1)Selection of provider
 (A)In generalThe Commission shall use competitive procedures to enter into a contract with an entity to provide the services described in paragraph (2).
 (B)Commission discretionThe Commission may— (i)determine—
 (I)the period in which an entity selected under subparagraph (A) shall serve in that capacity; and (II)whether to grant an extension with respect to the period described in subclause (i), including the length of that extension; and
 (ii)with respect to the contract described in subparagraph (A), include— (I)a provision relating to liquidated damages; and
 (II)any other reasonable provision to ensure that the contract is sound and enforceable. (2)ResponsibilitiesSubject to section 106(h)(2) of the Broadband Data Improvement Act (47 U.S.C. 1304(h)(2)), the entity selected under paragraph (1) shall, in consultation with, and under the supervision of, the Commission—
 (A)provide— (i)geographic information system data processing assistance to providers that require that assistance in order to comply with the reporting requirements established by the Commission under section 3(a)(1);
 (ii)support for the facilitation of the challenge process, the framework for which is established by the Commission under section 3(a)(2); and
 (iii)independent data validation services, including in-field verification of the availability of broadband internet access service reported by providers, to the Commission to ensure the accuracy and continual refinement of the National Broadband Map;
 (B)execute data-sharing agreements, as may be requested, with providers to facilitate the exchange of information needed to create shapefiles, or any other such depiction as the Commission may prescribe, of the availability of broadband internet access service for the purposes of carrying out subsection (d);
 (C)analyze the information exchanged under subparagraph (B) to produce depictions of the availability of fixed broadband internet access service and mobile broadband internet access service in compliance with the requirements established under section 3(a)(1), for any providers that are eligible for the assistance described in subparagraph (A)(i);
 (D)provide the depictions of service availability under subparagraph (C) to the Commission for— (i)the internal use of the Commission; and
 (ii)incorporation in the National Broadband Map; (E)support collaboration between the Commission and other Federal agencies to—
 (i)track, map, and validate how funds made available through Federal grants, loans, or other financial awards or incentives for the development of broadband infrastructure have been expended to improve the availability of broadband internet access service; and
 (ii)ensure transparency and accountability with respect to the expenditures described in clause (i), taking into account existing accountability measures, such as requiring the deployment of broadband infrastructure to be reported on a geocoded or other location-specific basis;
 (F)develop and implement an online mechanism to be integrated into the National Broadband Map, which shall solicit and collect feedback submitted by the public and providers through the challenge process, the framework for which is established under section 3(a)(2); and
 (G)in consultation with the Commission, establish an ongoing data validation and verification process, including selective in-person field validation activities, that shall—
 (i)be guided by intelligence collected through the receipt of public feedback, the acquisition and analysis of third-party datasets, or other methods the entity may develop; and
 (ii)advise the Commission regarding the continual refinement of the National Broadband Map. (b)Public comment requiredWith respect to the selection of an entity under subsection (a), the Commission shall seek comment from the public, providers, and other relevant stakeholders regarding the experience and capabilities of organizations that are qualified to be so selected.
			(c)Termination for cause; selection of new entity
 (1)In generalThe Commission may, by order, terminate for cause an entity selected under subsection (a). (2)New entityIf the Commission issues a termination order under paragraph (1)(A), the Commission shall, not later than 120 days after the date on which the Commission issues that order, select a new qualified entity to carry out subsection (a) in the same manner as provided in that subsection, including by seeking comment as provided in subsection (b).
				(d)Provider request for assistance
 (1)In generalThe Commission shall implement a process through which a provider may request geographic information system data processing assistance from the entity selected under subsection (a).
 (2)Conditions for approvalThe entity selected under subsection (a) shall grant a request for assistance submitted by a provider under paragraph (1)—
 (A)if the provider has more than 100,000 broadband connections— (i)upon a demonstration of need by the provider; and
 (ii)after review and approval by the Commission; and (B)if the provider has not more than 100,000 broadband connections, automatically, subject to the availability of funds.
 (e)No regulatory authorityNothing in this section may be construed to grant an entity selected under subsection (a) any regulatory jurisdiction with respect to, or oversight authority over, providers or information technology.
			5.Enforcement
 (a)In generalIt shall be unlawful for a person to willfully and knowingly submit information or data under this Act that is inaccurate with respect to the availability of broadband internet access service.
 (b)PenaltyAny person that violates subsection (a) shall be subject to an appropriate penalty, as determined by the Commission, under—
 (1)the Communications Act of 1934 (47 U.S.C. 151 et seq.), including section 501 of that Act (47 U.S.C. 501); and
 (2)the rules of the Commission. 6.Authorization of appropriationsThere is authorized to be appropriated to the Commission to carry out this Act the following amounts:
			(1)
 (A)For fiscal year 2020, $55,000,000, not less than $34,500,000 of which shall be made available to carry out section 4.
 (B)The amounts made available under subparagraph (A) shall remain available until expended. (2) (A)For each of fiscal years 2021 through 2026, $50,000,000, not less than $29,500,000 of which shall be made available in each such fiscal year to carry out section 4.
 (B)The amounts made available under subparagraph (A) shall remain available until expended.