117 S600 IS: Drone Integration and Zoning Act
U.S. Senate
2021-03-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 600IN THE SENATE OF THE UNITED STATESMarch 4, 2021Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo prescribe zoning authority with respect to commercial unmanned aircraft systems and to preserve State, local, and Tribal authorities and private property with respect to unmanned aircraft systems, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Drone Integration and Zoning Act.(b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.Sec. 3. Federal Aviation Administration updates to navigable airspace.Sec. 4. Preservation of State, local, and Tribal authorities with respect to civil unmanned aircraft systems.Sec. 5. Preservation of local zoning authority for unmanned aircraft take-off and landing zones.Sec. 6. Rights to operate.Sec. 7. Updates to rules regarding the commercial carriage of property.Sec. 8. Designation of certain complex airspace.Sec. 9. Improvements to plan for full operational capability of unmanned aircraft systems traffic management.Sec. 10. Updates to rules regarding small unmanned aircraft safety standards.Sec. 11. Rules of construction.2.DefinitionsIn this Act:(1)AdministratorThe term Administrator means the Administrator of the Federal Aviation Administration.(2)CivilThe term civil, with respect to an unmanned aircraft system, means that the unmanned aircraft is not a public aircraft (as defined in section 40102 of title 49, United States Code).(3)Commercial operatorThe term commercial operator means a person who operates a civil unmanned aircraft system for commercial purposes.(4)Immediate reaches of airspaceThe term immediate reaches of airspace means, with respect to the operation of a civil unmanned aircraft system, any area within 200 feet above ground level.(5)Indian TribeThe term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(6)Local governmentThe term local, with respect to a government, means the government of a subdivision of a State.(7)StateThe term State means each of the 50 States, the District of Columbia, and the territories and possessions of the United States.(8)Tribal governmentThe term Tribal, with respect to a government, means the governing body of an Indian Tribe.(9)Unmanned aircraft; unmanned aircraft systemThe terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).(10)Unmanned aircraft take-off and landing zoneThe term unmanned aircraft take-off and landing zone means a structure, area of land or water, or other designation for use or intended to be used for the take-off or landing of civil unmanned aircraft systems operated by a commercial operator.3.Federal Aviation Administration updates to navigable airspace(a)DefinitionParagraph (32) of section 40102 of title 49, United States Code, is amended by adding at the end the following new sentence: In applying such term to the regulation of civil unmanned aircraft systems, such term shall not include the area within the immediate reaches of airspace (as defined in section 2 of Drone Integration and Zoning Act)..(b)Rulemaking(1)In generalThe Administrator shall conduct a rulemaking proceeding to update the definition of navigable airspace.(2)ConsultationIn conducting the rulemaking proceeding under paragraph (1), the Administrator shall consult with appropriate State, local, or Tribal officials.(c)Designation requirementIn conducting the rulemaking proceeding under subsection (b), the Administrator shall designate the area between 200 feet and 400 feet above ground level—(1)for use of civil unmanned aircraft systems under the exclusive authority of the Administrator; and(2)for use by both commercial operators or hobbyists and recreational unmanned aircraft systems, under rules established by the Administrator.(d)Final ruleNot later than 1 year after the date of enactment of this Act, the Administrator shall issue a final rule pursuant to the rulemaking conducted under subsection (b).(e)Rules of constructionNothing in this section may be construed to—(1)prohibit the Administrator from promulgating regulations related to the operation of unmanned aircraft systems at more than 400 feet above ground level; or(2)diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation.4.Preservation of State, local, and Tribal authorities with respect to civil unmanned aircraft
 systems(a)Findings; sense of Congress(1)FindingsCongress finds the following:(A)Using its constitutional authority to regulate commerce among the States, Congress granted the Federal Government authority over all of the navigable airspace in the United States in order to foster air commerce.(B)While the regulation of the navigable airspace is within the Federal Government's domain, the Supreme Court recognized in United States v. Causby, 328 U.S. 256 (1946), that the Federal Government’s regulatory authority is limited by the property rights possessed by landowners over the exclusive control of the immediate reaches of their airspace.(C)As a sovereign government, a State possesses police powers, which include the power to protect the property rights of its citizens.(D)The proliferation of low-altitude operations of unmanned aircraft systems has created a conflict between the responsibility of the Federal Government to regulate the navigable airspace and the inherent sovereign police power possessed by the States to protect the property rights of their citizens.(2)Sense of CongressIt is the sense of Congress that—(A)in order for landowners to have full enjoyment and use of their land, they must have exclusive control of the immediate reaches of airspace over their property;(B)the States possess sovereign police powers, which include the power to regulate land use, protect property rights, and exercise zoning authority; and(C)the Federal Government lacks the authority to intrude upon a State’s sovereign right to issue reasonable time, manner, and place restrictions on the operation of unmanned aircraft systems operating within the immediate reaches of airspace.(b)Requirements related to regulations and standards(1)In generalIn prescribing regulations or standards related to civil unmanned aircraft systems, the following shall apply:(A)The Administrator shall not authorize the operation of a civil unmanned aircraft in the immediate reaches of airspace above property without permission of the property owner.(B)Subject to paragraph (2), in the case of a structure that exceeds 200 feet above ground level, the Administrator shall not authorize the operation of a civil unmanned aircraft—(i)within 50 feet of the top of such structure; or(ii)within 200 feet laterally of such structure or inside the property line of such structure’s owner, whichever is closer to such structure.(C)The Administrator shall not authorize the physical contact of a civil unmanned aircraft, including such aircraft’s take-off or landing, with a structure that exceeds 200 feet above ground level without permission of the structure’s owner.(D)The Administrator shall ensure that the authority of a State, local, or Tribal government to issue reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system that is operated below 200 feet above ground level is not preempted.(2)ExceptionThe limitation on the operation of a civil unmanned aircraft under paragraph (1)(B) shall not apply if—(A)the operator of such aircraft has the permission of the structure’s owner;(B)such aircraft is being operated directly within or above an authorized public right of way; or(C)such aircraft is being operated on an authorized commercial route designated under subsection (c).(3)Reasonable restrictionsFor purposes of paragraph (1)(D), reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system include the following:(A)Specifying limitations on speed of flight over specified areas.(B)Prohibitions or limitations on operations in the vicinity of schools, parks, roadways, bridges, moving locations, or other public or private property.(C)Restrictions on operations at certain times of the day or week or on specific occasions such as parades or sporting events, including sporting events that do not remain in one location.(D)Prohibitions on careless or reckless operations, including operations while the operator is under the influence of alcohol or drugs.(E)Other prohibitions that protect public safety, personal privacy, or property rights, or that manage land use or restrict noise pollution.(c)Designation of authorized commercial routes(1)In generalFor purposes of subsection (b)(2)(C), not later than 18 months after the date of enactment of this Act, the Administrator shall establish a process for the designation of routes as authorized commercial routes. No area within 200 feet above ground level may be included in a designated authorized commercial route.(2)ApplicationUnder the process established under paragraph (1), applicants shall submit an application for such a designation in a form and manner determined appropriate by the Administrator.(3)Timeframe for decisionUnder the process established under paragraph (1), the Administrator shall approve or disapprove a complete application for designation within 90 days of receiving the application.(4)ConsultationIn reviewing an application for the designation of an area under this subsection, the Administrator shall consult with and heavily weigh the views of—(A)the applicable State, local, or Tribal government that has jurisdiction over the operation of unmanned aircraft in the area below the area to be designated;(B)owners of structures who would be affected by the designation of a route as an authorized commercial route; and(C)commercial unmanned aircraft operators.(5)Denial of applicationIf the Administrator denies an application for a designation under this subsection, the Administrator shall provide the applicant with—(A)a detailed description of the reasons for the denial; and(B)recommendations for changes that the applicant can make to correct the deficiencies in their application.(6)Approval of applicationIf the Administrator approves an application for a designation under this subsection, the Administrator shall clearly describe the boundaries of the designated authorized commercial route and any applicable limitations for operations on the route.(7)DelegationThe Administrator may delegate the authority to designate authorized commercial routes under this subsection to a State, local, or Tribal government that has entered into an agreement with the Administrator under section 8 with respect to an area designated as complex airspace.(d)Rules of construction(1)Nothing in this section may be construed to permit a State, local, or Tribal government to issue restrictions, or a combination of restrictions, that would create a significant safety hazard in the navigable airspace, airport operations, air navigation facilities, air traffic control systems, or other components of the national airspace system that facilitate the safe and efficient operation of civil, commercial, or military aircraft within the United States.(2)Nothing in this section may be construed to prohibit a property owner or the owner of a structure with a height that exceeds 200 feet above ground level from pursuing any available cause of action under State law related to unmanned aircraft operations above 200 feet above ground level.5.Preservation of local zoning authority for unmanned aircraft take-off and landing zones(a)General authoritySubject to the succeeding provisions of this section, nothing in this Act shall limit or affect the authority of a State, local, or Tribal government over decisions regarding the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone.(b)NondiscriminationThe regulation of the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone by any State, local, or Tribal government may not—(1)unreasonably discriminate among commercial operators of unmanned aircraft systems; or(2)prohibit, or have the effect of prohibiting, a commercial operator from operating an unmanned aircraft system.(c)Applications(1)Requirement to act(A)In generalA State, local, or Tribal government shall act on any complete application for authorization to designate, place, construct, or modify an unmanned aircraft take-off and landing zone within 60 days of receiving such application.(B)DenialIf a State, local, or Tribal government denies an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, the State, local, or Tribal government shall, not later than 30 days after denying the application, submit to the commercial operator a written record that details—(i)the findings and substantial evidence that serves as the basis for denying the application; and(ii)recommendations for how the commercial operator can address the reasons for the application’s denial.(2)FeesNotwithstanding any other provision of law, a State, local, or Tribal government may charge a fee to consider an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, or to use a right-of-way or a facility in a right-of-way owned or managed by the State, local, or Tribal government for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone, if the fee is—(A)competitively neutral, technologically neutral, and nondiscriminatory; and(B)publicly disclosed.(3)Rule of constructionNothing in this subsection may be construed to prevent any State, local, or Tribal government from imposing any additional limitation or requirement relating to consideration by the State, local, or Tribal government of an application for the designation, placement, construction, or modification of an unmanned aircraft take-off and landing zone.(d)Judicial reviewAny person adversely affected by any final action or failure to act by a State, local, or Tribal government that is inconsistent with this section may, within 30 days after the action or failure to act, commence an action in any court of competent jurisdiction, which shall hear and decide the action on an expedited basis.(e)Effective dateThe provisions of this section shall take effect on the day that is 180 days after the final rule under section 3(d) is issued.6.Rights to operate(a)Prohibition(1)In generalSubject to subsection (b), a State, local, or Tribal government may not adopt, maintain, or enforce any law, rule, or standard that unreasonably or substantially impedes—(A)the ascent or descent of an unmanned aircraft system, operated by a commercial operator, to or from the navigable airspace in the furtherance of a commercial activity; or(B)a civil unmanned aircraft from reaching navigable airspace where operations are permitted.(2)Unreasonable or substantial impedimentFor purposes of paragraph (1), an unreasonable or substantial impediment with respect to civil unmanned aircraft includes—(A)a complete and total ban on overflights of civil unmanned aircraft over the entirety of airspace within a State, local, or Tribal government’s jurisdiction; and(B)a combination of prohibitions or restrictions on overflights within airspace under a State, local, or Tribal government’s jurisdiction such that it is nearly impossible for civil unmanned aircraft to reach the navigable airspace.(b)Rules of constructionNothing in subsection (a) may be construed to prohibit a State, local, or Tribal government from—(1)adopting, maintaining, or enforcing laws, rules, or standards that regulate unmanned aircraft systems below 200 feet above ground level; or(2)prescribing emergency procedures for a civil unmanned aircraft system descending into an area 200 feet above ground level.7.Updates to rules regarding the commercial carriage of property(a)Improving regulationsSection 44808 of title 49, United States Code, is amended—(1)by redesignating subsection (b)(5) as subsection (c), and indenting appropriately;(2)by redesignating subparagraphs (A), (B), and (C) of subsection (c), as redesignated by paragraph (1), as paragraphs (1), (2), and (3), respectively, and indenting appropriately;(3)by redesignating subsection (b)(6) as subsection (d), and indenting appropriately; and(4)in subsection (b), as previously amended, by adding at the end the following new paragraphs:(5)Ensure that the provision of section 41713 shall not apply to the carriage of property by operators of small unmanned aircraft systems.(6)Ensure that an operator of a small unmanned aircraft system is not required to comply with any rules approved under this section if the operator is operating solely under a State authorization for the intrastate carriage of property for compensation or hire.(7)Ensure that the costs necessary to receive such an authorization are minimal so as to protect competition between market participants.(8)A streamlined application process that only contains requirements minimally necessary for safe operation and substantially outweigh the compliance costs for an applicant..(b)Clarification regarding preemptionSection 41713(b) of title 49, United States Code, is amended by adding at the end the following new paragraph:(5)Not applicable to the operation of a civil unmanned aircraft systemParagraphs (1) and (4) shall not apply to the operation of a civil unmanned aircraft system..(c)Exclusion from definition of air carrierSection 40102(2) of title 49, United States Code, is amended by inserting (but does not include an operator of civil unmanned aircraft systems) before the period at the end.(d)State authorization for the intrastate carriage of propertyA State may not be prohibited from issuing an authorization (and the Federal Government may not require a Federal authorization) for the carriage of property by a commercial operator of a civil unmanned aircraft that is operating in intrastate commerce if the civil unmanned aircraft is only authorized by the State to operate—(1)within the immediate reaches of airspace; and(2)within the lateral boundaries of the State.8.Designation of certain complex airspace(a)Process for designation(1)In generalNot later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall establish a process under which a State, local, or Tribal government may submit an application to the Administrator (in a form and manner determined appropriate by the Administrator) for the designation of an area as an area of complex airspace. Such process shall allow for individual or collective designations.(2)Timeframe for decisionUnder the process established under paragraph (1), the Administrator shall approve or disapprove a complete application for designation within 90 days of receiving the application.(3)Review of applicationIn reviewing an application for a designation under this section, the Administrator may deny the request if the State, local, or Tribal government does not have—(A)the financial resources to carry out the authority to be granted under the designation; or(B)the technological capabilities necessary to carry out the authority granted to the State under the designation.(4)Denial of applicationIf the Administrator denies an application for a designation under this section, the Administrator shall provide the State, local, or Tribal government with—(A)a detailed description of the reasons for the denial; and(B)recommendations for changes that the State can make to correct the deficiencies in their application.(5)Approval of applicationIf the Administrator approves an application for a designation under this section, the Administrator shall, upon the request of the State, local, or Tribal government, enter into a written agreement with the State, local, or Tribal government (which may be in the form of a memorandum of understanding) under which the Administrator may assign, and the State, local, or Tribal government may assume, one or more of the responsibilities of the Administrator with respect to the management of civil unmanned aircraft operations within the area that has been so designated.(b)Agreements(1)State, local, or tribal government responsibilities under agreementIf a State, local, or Tribal government enters into an agreement with the Administrator under subsection (a)(5), the State, local, or Tribal government shall be solely responsible, and solely liable, for carrying out the responsibilities assumed in the agreement until the agreement is terminated.(2)Termination by State, local, or Tribal governmentA State, local, or Tribal government may terminate an agreement with the Administrator under subsection (a)(5) if the State, local, or Tribal government provides the Administrator 90 days of notice.(3)Termination by AdministratorThe Administrator may terminate an agreement with a State, local, or Tribal government under subsection (a)(5) if—(A)the Administrator determines that the State, local, or Tribal government is not adequately carrying out the responsibilities assigned under the agreement; and(B)the Administrator provides the State, local, or Tribal government with—(i)written notification of a determination of noncompliance with the responsibilities assigned under the agreement; and(ii)a period of not less than 180 days for the State, local, or Tribal government to take such corrective actions as the Administrator determines necessary to comply with the responsibilities assigned under the agreement.(c)Complex airspace definedIn this section, the term complex airspace means an area of airspace that—(1)is at least 200 feet above ground level; and(2)includes one or more structures that have a height that exceeds 200 feet above ground level.9.Improvements to plan for full operational capability of unmanned aircraft systems traffic managementSection 376 of the FAA Reauthorization Act of 2018 (Public Law 115–254) is amended—(1)in subsection (b), by adding at the end the following new paragraph:(4)Permit the testing of a State, local, or Tribal government’s time, place, and manner restrictions within the immediate reaches of airspace (as defined in section 2 of the Drone Integration and Zoning Act).;(2)in subsection (c)—(A)in paragraph (2), by striking industry and government and inserting industry, the Federal Government, and State, local, or Tribal governments;(B)in paragraph (3)(G), by striking and at the end;(C)in paragraph (4)(C), by striking the period at the end and inserting a semicolon; and(D)by adding at the end the following new paragraphs:(5)establish a plan for collaboration and coordination with a State, local, or Tribal government’s management of unmanned aircraft systems within the immediate reaches of airspace (as defined in section 2 of the Drone Integration and Zoning Act); and(6)establish a process for the interoperability and sharing of data between Federal Government, State, local, or Tribal government, and private sector UTM services.; (3)in subsection (d)—(A)in paragraph (2)(J), by striking and at the end;(B)in paragraph (3), by striking the period at the end and inserting ; and; and(C)by adding at the end the following new paragraph:(4)shall consult with State, local, and Tribal governments.; and(4)in subsection (g), by inserting and State, local, and Tribal governments after Federal agencies.10.Updates to rules regarding small unmanned aircraft safety standardsSection 44805 of title 49, United States Code, is amended—(1)in subsection (a)—(A)in paragraph (3), by striking and at the end;(B)in paragraph (4), by striking the period at the end and inserting ; and; and(C)by adding at the end the following new paragraph:(5)ensuring that no State is prohibited from requiring additional equipage for a small unmanned aircraft system so long as such small unmanned aircraft system is solely authorized to operate in the immediate reaches of airspace (as defined in section 2 of the Drone Integration and Zoning Act) and the lateral boundaries of a State.;(2)in subsection (e), in the matter preceding paragraph (1), by striking may and inserting shall;(3)in subsection (j), by striking may and inserting shall; and(4)by adding at the end the following new subsection:(k)Requirements for accepting risk-Based consensus safety standards(1)Cost-benefit analysisThe Administrator shall not accept a risk-based consensus safety standard under subsection (a)(1) unless the Administrator has first conducted a cost-benefit analysis and certified that the benefit of the safety standard substantially outweighs the costs to the manufacturer and consumer.(2)Must be essentialThe Administrator shall not accept a risk-based consensus safety standard under subsection (a)(1) unless the Administrator determines that the safety standard is essential for small unmanned aircraft systems to operate safely in the Unmanned Traffic Management (UTM) System..11.Rules of construction(a)In generalSubject to subsection (b), nothing in this Act may be construed to—(1)diminish or expand the preemptive effect of the authority of the Federal Aviation Administration with respect to manned aviation; or(2)affect the civil or criminal jurisdiction of—(A)any Indian Tribe relative to any State or local government; or(B)any State or local government relative to any Indian Tribe.(b)Enforcement actionsNothing in subsection (a) may be construed to limit the authority of the Administrator to pursue enforcement actions against persons operating civil unmanned aircraft systems who endanger the safety of the navigable airspace, airport operations, air navigation facilities, air traffic control systems, or other components of the national airspace system that facilitate the safe and efficient operation of civil, commercial, or military aircraft within the United States.


115 HR 5231 IH: Relief for Working Families Act
U.S. House of Representatives
2021-09-10
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.

I117th CONGRESS1st SessionH. R. 5231IN THE HOUSE OF REPRESENTATIVESSeptember 10, 2021Mr. Kelly of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to modify the employer credit for paid family and medical leave, and for other purposes.1.Short titleThis Act may be cited as the Relief for Working Families Act. 2.Modifications to employer credit for paid family and medical leave(a)Credit made permanent and limited to first 5 years after establishment of plan(1)In generalSection 45S(i) of the Internal Revenue Code of 1986 is amended to read as follows:(2)Phase-outSection 45S of such Code is amended by adding at the end the following new subsection:(i)Credit limited to first 5 years after establishment of plan(1)In generalNo credit shall be allowed under this section with respect to any taxpayer after the 5-taxable-year period beginning with the taxable year which includes the date on which the taxpayer first has in place a policy described in subsection (c)(1).(2)Phase-down of creditThe credit determined under this section (without regard to this subsection) shall be reduced by—(A)in the case of the fourth taxable year in the 5-taxable-year period described in paragraph (1), 25 percent of the amount of such credit, and(B)in the case of the fifth taxable year in such 5-taxable-year period, 50 percent of the amount of such credit.(3)Transitional ruleThe 5-taxable-year period described in paragraph (1) shall not be treated as beginning before the beginning of the taxpayer’s first taxable year beginning after December 31, 2022..(b)Enhanced credit for new plans of small employers(1)In generalSection 45S of such Code is amended by adding at the end the following new subsection:(j)Enhanced credit for certain new plans of small employers(1)In generalIn the case of an eligible small employer—(A)subsection (a)(2) shall be applied—(i)by substituting 25 percent for 12.5 percent, and(ii)by substituting 50 percent for 25 percent (determined without regard to the substitution described in clause (i)),(B)the credit determined under subsection (a)(1) for any taxable year shall be increased by the applicable percentage (determined after application of subparagraph (A)) of the sum of—(i)so much of the amounts paid during such taxable year as administrative expenses of carrying out the policy described in subsection (c)(1) (other than any amounts paid to establish such policy), including payments to third-party administrators and premiums for short-term disability insurance, as do not exceed $50,000, plus(ii)in the case of the taxable year which includes the date on which the policy described in subsection (c)(1) takes effect, so much of the amounts paid to establish such policy as do not exceed $1,000.(2)Eligible small employerFor purposes of this subsection, the term eligible small employer means, with respect to any taxable year, any eligible employer—(A)the gross receipts of which for such taxable year do not exceed $25,000,000,(B)which employed on average 50 or fewer employees on business days during the taxable year, and (C)which did not have a policy described in subsection (c)(1) in place at any time prior to the date of the enactment of this Act..(2)Effective dateThe amendment made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.(c)Employer requirements for rate of payment(1)In generalSubsection (c) of section 45S of such Code is amended—(A)in paragraph (1)(B), by inserting after the first sentence the following: For purposes of determining the rate of payment under the program, any family and medical leave which is paid by a State or local government or required by State or local law, determined as a percentage of the wages normally paid to such employee for services performed for the employer, shall be taken into account.; and(B)in paragraph (4)—(i)by striking For purposes of this section, any and inserting Any; and(ii)by striking amount of paid family and medical leave provided by the employer and inserting wages taken into account under subsection (a).(2)Effective dateThe amendments made by this subsection shall take effect as if included in section 13403 of Public Law 115–97.(d)Technical corrections(1)In generalSection 45S of such Code is amended—(A)in subsection (b)(1), by striking credit allowed and inserting wages taken into account;(B)in subsection (c), by striking paragraph (3) and inserting the following:(3)Aggregation rule(A)In generalExcept as provided in subparagraph (B), all persons which are treated as a single employer under subsections (b) and (c) of section 414 shall be treated as a single employer.(B)Exception(i)In generalSubparagraph (A) shall not apply to any person who establishes to the satisfaction of the Secretary that such person has a substantial and legitimate business reason for failing to provide a written policy described in paragraph (1) or (2).(ii)Substantial and legitimate business reasonFor purposes of clause (i), the term substantial and legitimate business reason shall not include the operation of a separate line of business, the rate of wages or category of jobs for employees (or any similar basis), or the application of State or local laws relating to family and medical leave, but may include the grouping of employees of a common law employer.; and(C)in subsection (d)(2), by inserting , as determined on an annualized basis (pro-rata for part-time employees), after compensation.(2)Effective dateThe amendments made by this subsection shall take effect as if included in section 13403 of Public Law 115–97.


116 HR 6451 IH: Fair Coronavirus Credit Reporting Act of 2020
U.S. House of Representatives
2020-04-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6451IN THE HOUSE OF REPRESENTATIVESApril 3, 2020Mr. Neguse introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Fair Credit Reporting Act to prohibit debt from medically necessary procedures related to COVID–19 from being included on credit reports, and for other purposes.1.Short titleThis Act may be cited as the Fair Coronavirus Credit Reporting Act of 2020.2.Prohibition on reporting medically necessary procedures related to the novel coronavirus disease (COVID–19) outbreak(a)In generalSection 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following new paragraph:(9)Any information related to a debt arising from a medically necessary procedure related to the novel coronavirus disease (COVID–19) outbreak..(b)Medically necessary procedure definedSection 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following:(bb)Medically necessary procedureThe term medically necessary procedure means health care services needed to prevent, diagnose, or treat COVID–19 or its symptoms and that meet accepted standards of medicine..


115 S3341 IS: Innovative Materials for America's Growth and Infrastructure Newly Expanded Act of 2018
U.S. Senate
2018-08-01
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.

		II
		115th CONGRESS2d Session
		S. 3341
		IN THE SENATE OF THE UNITED STATES

			August 1, 2018
			Mr. Whitehouse (for himself, Mr. Alexander, Mr. Rounds, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To encourage the research and use of innovative materials and associated techniques in the
			 construction and preservation of the domestic transportation and water
			 infrastructure system, and for other purposes.

		1.Short title
 This Act may be cited as the Innovative Materials for America's Growth and Infrastructure Newly Expanded Act of 2018 or the IMAGINE Act.
		2.Purposes
 The purposes of this Act are— (1)to encourage the research and use of innovative materials, in concert with traditional materials, and associated techniques in the construction and preservation of the domestic infrastructure network;
 (2)to accelerate the deployment and extend the service life, improve the performance, and reduce the cost of infrastructure projects; and
 (3)to improve the economy, resilience, maintainability, sustainability, and safety of the domestic infrastructure network.
 3.Definition of innovative materialIn this Act, the term innovative material, with respect to an infrastructure project, includes high performance asphalt mixtures and concrete formulations, geosynthetic materials, advanced alloys and metals, reinforced polymer composites, including any coating or other corrosion prevention method used in conjunction with those materials, advanced polymers, and any other material or aggregate materials, as determined by the appropriate agency or department head.
		4.Interagency innovative materials standards task force
			(a)Establishment
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall establish an Interagency Innovative Materials Standards Task Force (referred to in this section as the Task Force) composed of the heads of Federal agencies responsible for significant civil infrastructure projects, including—
 (A)the Administrator of the Federal Highway Administration; (B)the Commanding General and Chief of Engineers of the Corps of Engineers;
 (C)the Assistant Secretary of the Army for Civil Works; and (D)the Administrator of the Environmental Protection Agency.
 (2)ChairpersonThe Director of the National Institute of Standards and Technology shall serve as Chairperson of the Task Force.
 (b)PurposeThe Task Force shall coordinate and improve, with respect to infrastructure construction, retrofitting, rehabilitation, and other improvements—
 (1)Federal testing standards; (2)Federal design and use guidelines; and
 (3)other applicable standards. (c)Report (1)In generalNot later than 18 months after the date of enactment of this Act, the Task Force shall conduct, and submit to the appropriate committees of Congress a report that describes the results of, a study—
 (A)to assess the standards for the use of innovative materials in infrastructure projects; and (B)to identify any barriers relating to the standards described in subparagraph (A) that preclude the use of certain products or associated techniques.
 (2)ReportThe report under paragraph (1) shall— (A)identify any non-Federal entities or other organizations, including the American Association of State Highway and Transportation Officials, that develop relevant standards; and
 (B)outline a strategy to improve coordination and information sharing between the entities described in subparagraph (A) and any relevant Federal agencies.
 (d)Improved coordinationNot later than 2 years after the date of enactment of this Act, the Task Force shall collaborate with any non-Federal entity identified under subsection (c)(2)(A)—
 (1)to identify and carry out appropriate research, testing methods, and processes relating to the development and use of innovative materials;
 (2)to develop new methods and processes relating to the development and use of innovative materials, as the applicable agency head determines to be necessary; and
 (3)to contribute to the development of standards and guidelines for the use of innovative materials and approaches in civil infrastructure projects.
				5.Innovative material innovation hubs
 (a)DefinitionsIn this section: (1)Hub The term Hub means an Innovative Material Innovation Hub established under this section.
 (2)Qualifying entityThe term qualifying entity means— (A)an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
 (B)an appropriate Federal or State entity, including a federally funded research and development center of the Department of Transportation;
 (C)a university transportation center under section 5505 of title 49, United States Code; (D)an Innovative Material Innovation Hub in existence on the date of enactment of this Act; and
 (E)any other relevant entity the Secretary determines to be appropriate. (3)SecretaryThe term Secretary means the Secretary of Transportation.
				(b)Authorization of program
 (1)In generalThe Secretary shall carry out a program to enhance the development of innovative materials in the United States by making awards to consortia for establishing and operating new Hubs, to be known as Innovative Material Innovation Hubs, to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of innovative materials.
 (2)Location of HubsTo the extent practicable, each Hub shall be located at 1 centralized location. (3)Technology development focusThe Secretary shall designate for each new Hub a unique innovative material focus, such as material development, infrastructure applications, and other focus areas identified by the Secretary.
 (4)CoordinationThe Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of each Hub with the activities of—
 (A)other research entities of the Department of Transportation, including the Federal Highway Administration;
 (B)the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));
 (C)the Corps of Engineers; (D)the Environmental Protection Agency;
 (E)the Federal Emergency Management Agency; (F)the National Institute of Standards and Technology;
 (G)the Department of Defense; (H)an industry consortium meeting the requirements under subsection (c)(1); and
 (I)any other Federal agencies or industry consortia conducting substantially similar work. (c)Application process (1)EligibilityTo be eligible to receive an award for the establishment and operation of a Hub under subsection (b)(1), a consortium shall—
 (A)be composed of not fewer than 2 qualifying entities; (B)operate subject to a binding agreement, entered into by each member of the consortium, that documents—
 (i)the proposed partnership agreement, including the governance and management structure of the Hub; (ii)measures the consortium will undertake to enable cost-effective implementation of activities under the program described in subsection (b)(1); and
 (iii)a proposed budget, including financial contributions from non-Federal sources; and (C)operate as a nonprofit organization.
					(2)Application
 (A)In generalA consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of—
 (i)each element of the consortium agreement required under paragraph (1)(B); and
 (ii)any existing facilities the consortium intends to provide for Hub activities. (B)RequirementIf the consortium members will not be located at 1 centralized location, the application under subparagraph (A) shall include a communications plan that ensures close coordination and integration of Hub activities.
					(3)Selection
 (A)In generalThe Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process.
 (B)ConsiderationsIn selecting consortia under subparagraph (A), the Secretary shall consider— (i)the information disclosed by the consortium under this subsection;
 (ii)any existing facilities a consortium will provide for Hub activities; and (iii)maintaining regional variety in locations of selected Hubs.
						(d)Term
 An award made to a Hub under this section shall be for a period of not more than 5 years, subject to the availability of appropriations, after which the award may be renewed, subject to a rigorous merit review.
			(e)Hub Operations
 (1)In generalEach Hub shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and commercial application of innovative materials within the technology development focus designated under subsection (b)(3).
 (2)ActivitiesEach Hub shall— (A)encourage collaboration and communication among the member qualifying entities of the consortium as described in subsection (c)(1) and awardees;
 (B)develop and publish proposed plans and programs on a publicly accessible website; (C)submit to the Department of Transportation an annual report summarizing the activities of the Hub, including information—
 (i)detailing organizational expenditures; and (ii)describing each project undertaken by the Hub; and
 (D)monitor project implementation and coordination. (3)Conflicts of InterestEach Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department of Transportation.
				(4)Prohibition on construction
 (A)In generalExcept as provided in subparagraph (B)— (i)no funds provided under this section may be used for construction of new buildings or facilities for Hubs; and
 (ii)construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement.
 (B)Test bed and renovation exceptionNothing in this paragraph prohibits the use of funds provided under this section or non-Federal cost share funds for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the Secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted.
 6.Turner-Fairbank Highway Research CenterSection 503(b)(7) of title 23, United States Code, is amended by adding at the end the following:  (C)Innovative materials (i)Definition of innovative materialIn this subparagraph, the term innovative material includes high performance asphalt mixtures and concrete formulations, geosynthetic materials, advanced alloys and metals, reinforced polymer composites, including any coating or other corrosion prevention method used in conjunction with those materials, advanced polymers, and any other material or aggregate materials, as determined by the appropriate agency or department head.
 (ii)Collaboration with States and TribesThe Secretary shall expand the capacity of the Turner-Fairbank Highway Research Center to collaborate with relevant State and Tribal agencies—
 (I)with respect to the use of innovative materials in construction projects carried out by the State and Tribal agencies; and
 (II)to understand and identify— (aa)the needs of the State and Tribal agencies; and
 (bb)innovative materials that may be further researched, developed, and used to meet those needs.
 (iii)ActivitiesThe collaboration described in clause (ii) may include— (I)the development of new training for State and Tribal agencies; and
 (II)the expansion of technical training that involves State or Tribal departments of transportation in the development of new construction designs for innovative materials at the Turner-Fairbank Highway Research Center.
 (iv)Priority researchThe Turner-Fairbank Highway Research Center shall prioritize research relating to— (I)the use of innovative materials in—
 (aa)bridges with a span equal to or greater than 50 feet; (bb)highway reconstruction and rehabilitation; and
 (cc)rural road infrastructure; and (II)coastal resiliency.
 (v)FundingOf the amounts made available to carry out this paragraph, the Secretary shall set aside $8,000,000 to carry out this subparagraph.
 (D)Authorization of appropriationsThere is authorized to be appropriated to carry out this paragraph for each of fiscal years 2019 through 2023 an amount equal to the sum of—
 (i)the amount appropriated to carry out this paragraph for fiscal year 2018; and (ii)$8,000,000..
		7.Innovative Bridge Program
 (a)Definition of AdministratorIn this section, the term Administrator means the Administrator of the Federal Highway Administration.
 (b)EstablishmentThe Administrator shall establish a grant program, to be known as the Innovative Bridge Program, to provide grants to State departments of transportation, Tribal governments, or units of local government for coastal and rural infrastructure bridge projects.
 (c)ApplicationsTo be eligible to receive a grant under subsection (b), a State department of transportation or unit of Tribal or local government shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
 (d)Eligible projectsTo be eligible to receive a grant under subsection (b) or (g), a coastal or rural infrastructure bridge project or a value engineering project shall—
 (1)be for the purpose of construction, preservation, rehabilitation, or reconstruction of a bridge with a span equal to or greater than 50 feet;
 (2)be carried out in a manner so as to reduce traffic impact; (3)use innovative materials that—
 (A)are resistant to corrosion; and (B)extend the service life of the bridge; and
 (4)reduce preservation costs, as compared to conventionally designed and constructed bridges. (e)PreferencesIn providing grants under this section, the Administrator shall give preference to proposed projects that—
 (1)use materials that are domestically produced and sourced; (2)use nontraditional production techniques, such as factory prefabrication; and
 (3)retrofit a bridge. (f)Special consideration for at-Risk areasIn providing grants under this section, the Administrator shall give special consideration to projects located in rural areas or areas prone to coastal or inland flooding due to severe storms (such as hurricanes or rain bursts), storm surges, or projected sea level rise during the projected lifetime of the project.
 (g)Value engineering using innovative materialsOf the amounts made available to carry out this section, the Administrator shall set aside $10,000,000 for each of fiscal years 2019 through 2023 to provide funding to 1 or more State departments of transportation or units of Tribal or local government that submit to the Administrator an application to carry out value engineering of a standard bridge design to enhance the performance of the bridge (including extending the service life of the bridge, increasing resistance to corrosion, and reducing construction and preservation costs) through the use of innovative materials.
 (h)ReportsNot later than 4 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress and make publicly available a report describing the status of each project carried out using funds awarded under this section.
 (i)Authorization of appropriationsThere is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2019 through 2023.
			8.Water Infrastructure Innovation Program
 (a)EstablishmentThe Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall establish a grant program, to be known as the Water Infrastructure Innovation Program, to provide grants for the design and installation of water infrastructure projects, including wastewater transport and treatment systems and drinking water treatment and distribution systems, that use innovative materials to reduce total costs, including operation and preservation expenses, and extend the service life of installed structures.
 (b)ApplicationsTo be eligible to receive a grant under subsection (a), an applicant shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
 (c)Eligible projectsTo be eligible to receive a grant under subsection (a), a water infrastructure project shall— (1)serve a community with a population between 3,301 and 99,999; and
 (2)use innovative materials that— (A)are resistant to degradation;
 (B)extend service life; or (C)provide long-term protection of water facilities and systems.
 (d)PreferenceIn providing grants under this section, the Administrator shall give preference to proposed projects that use materials that are domestically produced and sourced.
 (e)Special consideration for at-Risk areasIn providing grants under this section, the Administrator shall give special consideration to projects located in areas that are prone to saltwater intrusion or flooding due to severe storms, rain bursts, storm surges, or projected sea level rise during the projected lifetime of the project.
 (f)ReportsNot later than 4 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress and make publicly available a report describing the status of each project carried out using funds awarded under this section.
 (g)Authorization of appropriationsThere is authorized to be appropriated to the Administrator to carry out this section $65,000,000 for each of fiscal years 2019 through 2023.


113 HR 3639 IH: Provide for the Common Defense Act of 2013
U.S. House of Representatives
2013-12-03
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.

I113th CONGRESS1st SessionH. R. 3639IN THE HOUSE OF REPRESENTATIVESDecember 3, 2013Mr. Bridenstine introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committees on Ways and Means, Energy and Commerce, Agriculture, Oversight and Government Reform, and House Administration, 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 eliminate sequestration for the security-related functions, to be offset through reductions in payments under Medicare, agricultural subsidies, federal retirement, and the application of chained CPI, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Provide for the Common Defense Act of 2013.(b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.Title I—Elimination of sequestration for revised security categorySec. 101. Elimination of 251A reductions for revised security category in fiscal years 2014 and 2015.Title II—Offsetting Payment Changes Subtitle A—MedicareSec. 201. Adjustments to calculation of Medicare part B and part D premiums for high-income beneficiaries.Sec. 202. Increase in part B deductible for new enrollees.Subtitle B—AgricultureSec. 211. Cap on overall rate of return for crop insurance providers.Sec. 212. Cap on reimbursements for administrative and operating expenses of crop insurance providers.Sec. 213. Reduction in share of crop insurance premium paid by Federal Crop Insurance Corporation.Subtitle C—Federal Retirement Sec. 221. Retirement contributions.Sec. 222. Annuity supplement.Sec. 223. Use of Chained Consumer Price Index.Subtitle D—Chained CPISec. 231. Change in index used to calculate Social Security cost-of-living adjustments.IElimination of sequestration for revised security category101.Elimination of 251A reductions for revised security category in fiscal years 2014 and 2015(a)Elimination of the adjustment under section 251A for fiscal years 2014 and 2015Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended—(1)in paragraphs (7)(B) and (8), by striking On the date in each instance and inserting Subject to paragraph (12), on the date; and(2)by adding at the end the following new paragraph:(12)No reductions for revised security category in fiscal years 2014 and 2015Paragraphs (7)(B) and (8) shall have no force or effect for fiscal years 2014 and 2015 with respect to the revised security category..(b)Discretionary spending limits for the revised security category in fiscal years 2014 and 2015For purposes of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as modified by section 251A(2) of such Act), for fiscal years 2014 and 2015, the discretionary spending limit for the revised security category in each such fiscal year shall be $552,000,000,000 and $566,000,000,000, respectively.IIOffsetting Payment Changes AMedicare201.Adjustments to calculation of Medicare part B and part D premiums for high-income beneficiaries(a)Increase in applicable percentage used To calculate premiumsSection 1839(i)(3)(C)(i) of the Social Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended—(1)by inserting after In general.— the following:(I)Years before 2017For calendar years prior to 2017:; and(2)by adding at the end the following new subclause:(II)2017 and subsequent yearsFor calendar year 2017 and each subsequent calendar year:If the modified adjustedThe applicable
						gross income is:percentage is:More than $85,000 but not more than $107,00040More than $107,000 but not more than $160,00055More than $160,000 but not more than $214,00070More than $214,00090..(b)Temporary adjustment to income thresholds used To calculate premiums(1)In generalSection 1839(i)(6) of the Social Security Act (42 U.S.C. 1395r(i)(6)) is amended in the matter preceding subparagraph (A) by striking December 31, 2019 and inserting December 31 of the year after 2019 that is the first year after the year in which at least 25 percent of individuals enrolled under this part are subject to a reduction under this subsection to the monthly amount of the premium subsidy applicable to the premium under this section..(2)Application of inflation adjustmentSection 1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5)) is amended—(A)in subparagraph (A), by striking In the case and inserting Subject to subparagraph (C), in the case; and(B)by adding at the end the following new subparagraph:(C)Treatment of years after temporary adjustment periodIn applying subparagraph (A) for the first year beginning after the period described in paragraph (6) and for each subsequent year, the 12-month period ending with August 2006 described in clause (ii) of such subparagraph shall be deemed to be the 12-month period ending with August of the last year of such period described in paragraph (6)..202.Increase in part B deductible for new enrolleesSection 1833 of the Social Security Act (42 U.S.C. 1395l) is amended—(1)in the first sentence of subsection (b), by inserting (subject to subsection (z)) after for a subsequent year; and(2)by adding at the end the following:(z)Higher deductible for new enrolleesIn the case of an individual who is not enrolled under this part before January 1, 2017, the amount of the deductible under subsection (b)—(1)for 2017 shall be the amount otherwise determined under such subsection for 2017 increased by $25;(2)for 2018 shall be the amount otherwise determined under such subsection for 2018, taking into account the application of the previous paragraph;(3)for 2019 shall be the amount otherwise determined under such subsection for 2019, taking into the application of the previous paragraphs, , increased by $25;(4)for 2020 shall be the amount otherwise determined under such subsection for 2020, taking into account the application of the previous paragraphs, increased by $25;(5)for 2021 shall be the amount otherwise determined under such subsection for 2021, taking into account the application of the previous paragraphs, increased by $25; and(6)for any subsequent year shall be the amount otherwise determined under such subsection for such year, taking into account the application of the previous paragraphs and this paragraph for previous years..BAgriculture211.Cap on overall rate of return for crop insurance providersSection 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)) is amended—(1)by designating paragraph (3) as subparagraph (A) (and adjusting the margin two ems to the right);(2)by inserting before subparagraph (A) (as so designated) the following:(3)Risk; and(3)by adding at the end the following new subparagraph:(B)Cap on overall rate of returnThe target rate of return for all the companies combined for the 2014 and subsequent reinsurance years shall be 12.8 percent of retained premium..212.Cap on reimbursements for administrative and operating expenses of crop insurance providersSection 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following new subparagraph:(G)Additional cap on reimbursementsNotwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2014 insurance year for all types of policies and plans of insurance shall not exceed $935,000,000. For each subsequent insurance year, the dollar amount in effect pursuant to the preceding sentence shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement..213.Reduction in share of crop insurance premium paid by Federal Crop Insurance Corporation(a)Catastrophic risk protectionSection 508(d)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)(A)) is amended by striking sufficient to cover anticipated losses and a reasonable reserve and inserting for all crops for which catastrophic risk protection coverage is available shall be reduced by the percentage equal to the difference between the average loss ratio for such crop and 100 percent, plus a reasonable reserve.(b)Additional coverageSection 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended—(1)in subparagraph (B)(i), by striking 67 and inserting 64;(2)in subparagraph (C)(i), by striking 64 and inserting 61;(3)in subparagraph (D)(i), by striking 59 and inserting 56; and(4)in subparagraph (E)(i), by striking 55 and inserting 52.(c)Enterprise and whole farm unitsSection 508(e)(5)(C) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)(C)) is amended by striking 80 and inserting 77.(d)Area revenue plansSection 508(e)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(6)) is amended—(1)in subparagraph (A)(i), by striking 59 and inserting 56; and(2)in subparagraph (B)(i), by striking 55 and inserting 52.(e)Area yield plansSection 508(e)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended—(1)in subparagraph (A)(i), by striking 59 and inserting 56;(2)in subparagraph (B)(i), by striking 55 and inserting 52; and(3)in subparagraph (C)(i), by striking 51 and inserting 48.(f)Effective dateThe amendments made by this section shall apply with respect to the first contract change date for a contract under the Federal Crop Insurance Act occurring after the date of the enactment of this Act.CFederal Retirement 221.Retirement contributions(a)Civil Service Retirement System(1)Individual contributionsSection 8334(c) of title 5, United States Code, is amended—(A)by striking (c) Each and inserting (c)(1) Each; and(B)by adding at the end the following:(2)Notwithstanding any other provision of this subsection, the applicable percentage of basic pay under this subsection for civilian service by an employee or Member shall, for purposes of computing an amount—(A)for a period in calendar year 2014, be equal to the applicable percentage under this subsection for calendar year 2013 plus an additional 0.4 percentage point;(B)for a period in calendar year 2015, be equal to the applicable percentage under this subsection for calendar year 2014 (as determined under subparagraph (A)) plus an additional 0.4 percentage point;(C)for a period in calendar year 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (B)) plus an additional 0.4 percentage point; and(D)for a period in any calendar year after 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (C)).(3)(A)Notwithstanding subsection (a)(2), any excess contributions under subsection (a)(1)(A) (including the portion of any deposit under this subsection allocable to excess contributions) shall, if made by an employee of the United States Postal Service or the Postal Regulatory Commission, be deposited to the credit of the Postal Service Fund under section 2003 of title 39, rather than the Civil Service Retirement and Disability Fund.(B)For purposes of this paragraph, the term excess contributions, as used with respect to contributions made under subsection (a)(1)(A) by an employee of the United States Postal Service or the Postal Regulatory Commission, means the amount by which—(i)deductions from basic pay of such employee which are made under subsection (a)(1)(A), exceed(ii)deductions from basic pay of such employee which would have been so made if paragraph (2) had not been enacted..(2)Government contributionsSection 8334(a)(1)(B) of title 5, United States Code, is amended—(A)in clause (i), by striking Except as provided in clause (ii), and inserting Except as provided in clause (ii) or (iii),; and(B)by adding at the end the following:(iii)The amount to be contributed under clause (i) shall, with respect to a period in any year beginning after December 31, 2013, be equal to—(I)the amount which would otherwise apply under clause (i) with respect to such period, reduced by(II)the amount by which, with respect to such period, the withholding under subparagraph (A) exceeds the amount which would otherwise have been withheld from the basic pay of the employee or elected official involved under subparagraph (A) based on the percentage applicable under subsection (c) for calendar year 2013..(b)Individual contributions under the Federal Employees’ Retirement SystemSection 8422(a)(3) of title 5, United States Code, is amended—(1)by redesignating subparagraph (B) as subparagraph (C); and(2)by inserting after subparagraph (A) the following:(B)Notwithstanding any other provision of this paragraph, the applicable percentage under this paragraph for civilian service by employees or Members other than revised annuity employees shall—(i)for a period in calendar year 2014, be equal to the applicable percentage under this paragraph for calendar year 2013 plus an additional 0.4 percentage point;(ii)for a period in calendar year 2015, be equal to the applicable percentage under this paragraph for calendar year 2014 (as determined under clause (i)) plus an additional 0.4 percentage point;(iii)for a period in calendar year 2016, be equal to the applicable percentage under this paragraph for calendar year 2015 (as determined under clause (ii)) plus an additional 0.4 percentage point; and(iv)for a period in any calendar year after 2016, be equal to the applicable percentage under this paragraph for calendar year 2016 (as determined under clause (iii))..222.Annuity supplementSection 8421(a) of title 5, United States Code, is amended—(1)in paragraph (1), by striking paragraph (3) and inserting paragraphs (3) and (4);(2)in paragraph (2), by striking paragraph (3) and inserting paragraphs (3) and (4); and(3)by adding at the end the following:(4)No annuity supplement under this section shall be payable in the case of an individual who first becomes subject to this chapter after December 31, 2013..223.Use of Chained Consumer Price Index(a)In generalParagraph (15) of section 8331 of title 5, United States Code, is amended to read as follows:(15)the term price index means the Chained Consumer Price Index (all items-all urban consumers) published monthly by the Bureau of Labor Statistics;.(b)Effective dateThe amendment made by subsection (a) shall take effect on January 1, 2015, and shall apply with respect to any cost-of-living adjustment taking effect under section 8340 or 8462 of title 5, United States Code, on or after that date.DChained CPI231.Change in index used to calculate Social Security cost-of-living adjustments(a)In generalSection 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended—(1)in subparagraph (G), by striking the period at the end and inserting ; and; and(2)by adding at the end the following new subparagraph:(H)the term Consumer Price Index means the Chained Consumer Price Index for All Urban Consumers (C–CPI–U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor)..(b)Application to pre-1979 law(1)In generalSection 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended—(A)in subparagraph (C), by striking the period at the end and inserting ; and; and(B)by adding at the end the following new subparagraph:(D)the term Consumer Price Index means the Chained Consumer Price Index for All Urban Consumers (C–CPI–U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor)..(2)Conforming changeSection 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting and by section 231 of the Provide for the Common Defense Act of 2013 after 1986.(c)Effective dateThe amendments made by this section shall apply with respect to adjustments effective with or after December 2014.


115 HR 4395 IH: Geospatial Data Act of 2017
U.S. House of Representatives
2017-11-15
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
115th CONGRESS1st Session
H. R. 4395

November 15, 2017
Mr. Westerman (for himself and Mr. Moulton) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Oversight and Government Reform, 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 improve the coordination and use of geospatial data.

1.Short titleThis Act may be cited as the Geospatial Data Act of 2017.  2.DefinitionsIn this Act—
(1)the term Advisory Committee means the National Geospatial Advisory Committee described in section 4(a);  (2)the term Committee means the Federal Geographic Data Committee established under section 3(a);
(3)the term covered agency means an agency, as defined in section 551 of title 5, United States Code, that collects, produces, acquires, maintains, distributes, uses, or preserves geospatial data on paper or in electronic form to fulfill the mission of the agency, either directly or through a relationship with another organization, including a State, local government, Indian tribe, institution of higher education, business partner or contractor of the Federal Government, and the public;  (4)the term GeoPlatform means the GeoPlatform described in section 8(a);
(5)the term geospatial data— (A)means information that is tied to a location on the Earth, including by identifying the geographic location and characteristics of natural or constructed features and boundaries on the Earth, and that is generally represented by points (for example a well), lines (for example a road), polygons (for example a forest), or other complex geographic features or phenomena (for example a forest fire, the spread of West Nile virus, or the infestation of pine-bark beetles);
(B)may be derived from, among other things, remote sensing, mapping, and surveying technologies;  (C)includes images and raster datasets, aerial photographs, and other forms of geospatial data or datasets in digitized or non-digitized form; and
(D)does not include— (i)geospatial data activities of an Indian tribe not carried out, in whole or in part, using Federal funds, as determined by the tribal government;
(ii)classified national security-related geospatial data activities of the Department of Defense, unless declassified under Executive Order 12951, as determined by the Secretary of Defense;  (iii)classified national security-related geospatial data activities of the Department of Energy, unless declassified under Executive Order 12951, as determined by the Secretary of Energy; or
(iv)intelligence geospatial data activities, as determined by the Director of National Intelligence;  (6)the term Indian tribe has the meaning given that term under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b);
(7)the term institution of higher education has the meaning given that term under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002);  (8)the term lead covered agency means a lead covered agency for an NGDA data theme designated under section 6(b)(1);
(9)the term local government means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;  (10)the term metadata for geospatial data means information about geospatial data, including the content, source, vintage, accuracy, condition, projection, responsible party, contact phone number, method of collection, and other characteristics or descriptions of the geospatial data;
(11)the term NGDA data theme means the National Geospatial Data Asset core geospatial datasets (including electronic records and coordinates) relating to a topic or subject designated under section 6;  (12)the term National Spatial Data Infrastructure means the technology, policies, criteria, standards, and employees necessary to promote geospatial data sharing throughout the Federal Government, State, tribal, and local governments, and the private sector (including nonprofit organizations and institutions of higher education); and
(13)the term proven practices means methods and activities that advance the use of geospatial data for the benefit of society.  3.Federal Geographic Data Committee (a)In generalThere is established in the Office of Management and Budget an interagency committee to be known as the Federal Geographic Data Committee, which shall act as the lead entity in the executive branch for the development, implementation, and review of policies, practices, and standards relating to geospatial data.
(b)Membership
(1)Chairperson and Vice ChairpersonThe Director of the Office of Management and Budget and the Secretary of the Interior shall serve as Chairperson of the Committee and Vice Chairperson of the Committee, respectively.  (2)Other membersThe President shall appoint the other members of the Committee from among the officers and employees of covered agencies.
(c)DutiesThe Committee shall— (1)lead the development and management of and operational decision making for the National Spatial Data Infrastructure strategic plan and geospatial data policy in accordance with section 5;
(2)designate NGDA data themes and oversee the coordinated management of the NGDA data themes in accordance with section 6;  (3)establish and maintain geospatial data standards in accordance with section 7;
(4)periodically review and determine the extent to which covered agencies comply with geospatial data standards;  (5)ensure that the GeoPlatform operates in accordance with section 8;
(6)direct and facilitate national implementation of the system of NGDA data themes;  (7)communicate with and foster communication among covered agencies and other entities and individuals relating to geospatial data technology development, transfer, and exchange in order to—
(A)identify and meet the needs of users of geospatial data;  (B)promote cost-effective data collection, documentation, maintenance, distribution, and preservation strategies; and
(C)leverage Federal and non-Federal resources;  (8)define roles and responsibilities and promote and guide cooperation and coordination among agencies of the Federal Government, State, tribal, and local governments, institutions of higher education, and the private sector in the collection, production, sharing, and use of geospatial information, the implementation of the National Spatial Data Infrastructure, and the identification of proven practices;
(9)coordinate with international organizations having an interest in the National Spatial Data Infrastructure or global spatial data infrastructures;  (10)make available online and update at least annually—
(A)a summary of the status for each NGDA data theme, based on the report submitted by the applicable lead covered agency under section 6(b)(3)(E)(ii)(I), which shall include— (i)an evaluation of the progress of each lead covered agency in achieving the requirements under subparagraphs (A), (B), (C), and (D) of section 6(b)(3); and
(ii)a determination of whether, for each of subparagraphs (A), (B), (C), and (D) of section 6(b)(3), each lead covered agency meets expectations, has made progress toward expectations, or fails to meet expectations;  (B)a summary and evaluation of the achievements of each covered agency, based on the annual report submitted by the covered agency under section 9(b)(1), which shall include a determination of whether the covered agency meets expectations, has made progress toward expectations, or fails to meet expectations for each of paragraphs (1) through (14) of section 9(a);
(C)a collection of periodic technical publications, management articles, and reports related to the National Spatial Data Infrastructure; and  (D)a membership directory for the Committee, including identifying members of any subcommittee or working group of the Committee;
(11)
(A)make available to and request comments from the Advisory Committee regarding the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10);  (B)if requested by the Advisory Committee, respond to any comments by the Advisory Committee; and
(C)not less than once every 2 years, submit to Congress a report that includes the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10), the comments of the Advisory Committee, and the responses of the Committee to the comments;  (12) (A)make available to and request comments from covered agencies regarding the summaries and evaluations required under subparagraphs (A) and (B) of paragraph (10); and
(B)not less than once every 2 years, submit to Congress a report that includes the comments of the covered agencies and the responses of the Committee to the comments; and  (13)support and promote the infrastructure of networks, systems, services, and standards that provide a digital representation of the Earth to users for many applications.
4.National Geospatial Advisory Committee
(a)EstablishmentThere is in the Department of the Interior the National Geospatial Advisory Committee to provide advice and recommendations to the Chairperson of the Committee.  (b)Membership (1)CompositionThe Advisory Committee shall be composed of 30 members who shall be—
(A)appointed by the Chairperson of the Committee;  (B)selected—
(i)to generally achieve a balanced representation of the viewpoints of various interested parties involved in national geospatial activities and the development of the National Spatial Data Infrastructure; and  (ii)with consideration of a geographic balance of residence of the members; and
(C)selected from among groups involved in the geospatial community, including— (i)States;
(ii)local governments;  (iii)regional governments;
(iv)tribal governments;  (v)private sector entities;
(vi)geospatial information user industries;  (vii)professional associations;
(viii)scholarly associations;  (ix)nonprofit organizations;
(x)academia; and  (xi)the Federal Government.
(2)ChairpersonThe Chairperson of the Committee shall appoint the Chairperson of the Advisory Committee.  (3)Period of appointment; vacancies (A)In generalMembers shall be appointed for a term of 3 years, with the term of 1/3 of the members expiring each year.
(B)VacanciesAny vacancy in the Advisory Committee shall not affect its powers, but shall be filled in the same manner as the original appointment.  (4)Limit on termsAn individual—
(A)may not be appointed to more than 2 consecutive terms as a member of the Advisory Committee; and  (B)after serving for 2 consecutive terms, is eligible to be appointed as a member of the Advisory Committee on and after the date that is 2 years after the end of the second consecutive term of the individual as a member of the Advisory Committee.
(5)Ethical requirementsA member of the Advisory Committee may not participate in any specific-party matter (including a lease, license, permit, contract, claim, agreement, or related litigation) with the Department of the Interior in which the member has a direct financial interest.  (6)Incumbents (A)In generalAn individual serving on the day before the date of enactment of this Act as a member of the National Geospatial Advisory Committee established by the Secretary of the Interior may serve as a member of the Advisory Committee until the end of the term of the individual under the appointment.
(B)Limit on termsAny period of service as a member of the National Geospatial Advisory Committee established by the Secretary of the Interior shall be considered a period of service as a member of the Advisory Committee for purposes of paragraph (4).  (c)SubcommitteesA subcommittee of the Advisory Committee—
(1)may be formed for the purposes of compiling information or conducting research;  (2)shall be composed of members appointed by the Chairperson of the Advisory Committee;
(3)shall act only under the direction of the Chairperson of the Advisory Committee;  (4)shall report the recommendations of the subcommittee to the Advisory Committee for consideration; and
(5)shall meet as necessary to accomplish the objectives of the subcommittee, subject to the approval of the Chairperson of the Advisory Committee and the availability of resources.  (d)Meetings (1)In generalThe Advisory Committee shall meet at the call of the Chairperson, not less than 1 time each year and not more than 4 times each year.
(2)QuorumA majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold meetings or hearings.  (e)Duties of the Advisory CommitteeThe Advisory Committee shall—
(1)provide advice and recommendations relating to— (A)the management of Federal and national geospatial programs;
(B)the development of the National Spatial Data Infrastructure; and  (C)implementation of this Act;
(2)review and comment on geospatial policy and management issues; and  (3)ensure the views of representatives of non-Federal interested parties involved in national geospatial activities are conveyed to the Committee.
(f)Powers of the Advisory Committee
(1)HearingsThe Advisory Committee may hold such meetings or hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers advisable to carry out this Act.  (2)Information from covered agencies (A)In generalThe Advisory Committee may secure directly from any covered agency such information as the Advisory Committee considers necessary to carry out this Act. Upon request of the Chairperson of the Advisory Committee, the head of such agency shall furnish such information to the Advisory Committee.
(B)NoncooperationThe Advisory Committee shall include in the comments of the Advisory Committee submitted under section 3(c)(11) a discussion of any failure by a covered agency to furnish information in response to a request under subparagraph (A) of this paragraph.  (3)Postal servicesThe Advisory Committee may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.
(4)GiftsThe Advisory Committee— (A)may accept, use, and dispose of gifts or donations of services or property; and
(B)shall establish rules for the acceptance, use, and disposition of gifts and donations that avoid any conflict of interest or appearance of a conflict of interest.  (g)Advisory Committee personnel matters (1)No compensation of members (A)Non-federal employeesA member of the Advisory Committee who is not an officer or employee of the Federal Government shall serve without compensation.
(B)Federal employeesA member of the Advisory Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.  (2)Travel expensesThe members of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Committee.
(3)Detail of government employeesAny Federal Government employee may be detailed to the Advisory Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.  (h)Applicability of FACA (1)In generalExcept as provided in paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee.
(2)No terminationSection 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.  (i)Termination (1)In generalExcept as provided in paragraph (2), the Advisory Committee shall terminate 10 years after the date of enactment of this Act.
(2)ContinuationThe Advisory Committee may be continued for successive 10-year periods by action taken by the Director of the Office of Management and Budget to renew the Advisory Committee before the date on which the Advisory Committee would otherwise terminate.  5.National Spatial Data Infrastructure (a)In generalThe National Spatial Data Infrastructure shall ensure that geospatial data from multiple sources (including the Federal Government, State, local, and tribal governments, the private sector, and institutions of higher education) is available and easily integrated to enhance the understanding of the physical and cultural world.
(b)GoalsThe goals of the National Spatial Data Infrastructure are to— (1)ensure—
(A)the privacy and security of the personal data of individuals and accuracy of statistical information on individuals, both in raw form and in derived information products;  (B)free access for the public to geospatial data, information, and interpretive products, in accordance with Office of Management and Budget Circular A–130, or any successor thereto;
(C)the protection of proprietary interests related to licensed information and data; and  (D)the interoperability of Federal information systems to enable the drawing of resources from covered agencies and partners of covered agencies; and
(2)support and advance the establishment of a Global Spatial Data Infrastructure, consistent with national security, national defense, national intelligence, and international trade requirements, including ensuring that covered agencies develop international geospatial data in accordance with international voluntary consensus standards, as defined in Office of Management and Budget Circular A–119, or any successor thereto.  (c)Strategic planThe Committee shall prepare and maintain a strategic plan for the development and implementation of the National Spatial Data Infrastructure in a manner consistent with national security, national defense, and emergency preparedness program policies regarding data accessibility.
(d)Advisory roleThe Committee shall advise Federal and non-Federal users of geospatial data on their responsibilities relating to implementation of the National Spatial Data Infrastructure.  6.NGDA data themes (a)In generalThe Committee shall designate as NGDA data themes the primary topics and subjects for which the coordinated development, maintenance, and dissemination of geospatial data will benefit the Federal Government and the interests of the people of the United States, which shall—
(1)be representations of conceptual topics describing digital spatial information for the Nation; and  (2)contain associated datasets (with attribute records and coordinates)—
(A)that are documented, verifiable, and officially designated to meet recognized standards;  (B)that may be used in common; and
(C)from which other datasets may be derived.  (b)Lead covered agencies (1)In generalFor each NGDA data theme, the Committee shall designate one or more covered agencies as the lead covered agencies for the NGDA data theme.
(2)General responsibilityThe lead covered agencies for an NGDA data theme shall be responsible for ensuring the coordinated management of the data, supporting resources (including technology and personnel), and related services and products of the NGDA data theme.  (3)Specific responsibilitiesTo assist in fulfilling the responsibilities under paragraph (2) with respect to an NGDA data theme, the lead covered agencies shall—
(A)provide leadership and facilitate the development and implementation of geospatial data standards for the NGDA data theme, with a particular emphasis on a data content standard for the NGDA data theme, including by— (i)assessing existing standards;
(ii)identifying anticipated or needed data standards; and  (iii)developing a plan to originate and implement needed standards with relevant community and international practices—
(I)in accordance with Office of Management and Budget Circular A–119, or any successor thereto; and  (II)consistent with or as a part of the plan described in subparagraph (B);
(B)provide leadership and facilitate the development and implementation of a plan for nationwide population of the NGDA data theme, which shall— (i)include developing partnership programs with States, Indian tribes, institutions of higher education, private sector entities, other Federal agencies, and local governments;
(ii)meet the needs of users of geospatial data;  (iii)address human and financial resource needs;
(iv)identify needs relating to standards, metadata for geospatial data within the NGDA data theme, and the GeoPlatform; and  (v)expedite the development of necessary NGDA data themes;
(C)establish goals that support the strategic plan for the National Spatial Data Infrastructure prepared under section 5(c);  (D)as necessary, collect and analyze information from users of geospatial data within the NGDA data theme regarding the needs of the users for geospatial data and incorporate the needs of users in strategies relating to the NGDA data theme; and
(E)as part of administering the NGDA data theme— (i)designate a point of contact within the lead covered agency who shall be responsible for developing, maintaining, coordination relating to, and disseminating data using the GeoPlatform;
(ii)submit to the Committee— (I)a performance report, at least annually, that documents the activities relating to and implementation of the NGDA data theme, including progress in achieving the requirements under subparagraphs (A), (B), (C), and (D); and
(II)comments, as appropriate, regarding the summary and evaluation of the performance report provided by the Committee under section 3(c)(12);  (iii)publish maps or comparable graphics online (in accordance with the mapping conventions specified by the Committee) showing the extent and status of the NGDA data themes for which the covered agency is a lead covered agency;
(iv)encourage individuals and entities that are a source of geospatial data or metadata for geospatial data for the NGDA data theme to provide access to such data through the GeoPlatform;  (v)coordinate with the GeoPlatform; and
(vi)identify and publish proven practices for the use and application of geospatial data of the lead covered agency.  7.Geospatial data standards (a)In generalIn accordance with section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note), the Committee shall establish standards for each NGDA data theme, which—
(1)shall include— (A)rules, conditions, guidelines, and characteristics for the geospatial data within the NGDA data theme and related processes, technology, and organization; and
(B)content standards for metadata for geospatial data within the NGDA data theme;  (2)to the maximum extent practicable, shall be consistent international standards and protocols; and
(3)the Committee shall periodically review and update as necessary for the standards to remain current, relevant, and effective.  (b)Development of standardsThe Committee shall—
(1)develop and promulgate standards under this section— (A)in accordance with Office of Management and Budget Circular A–119, or any successor thereto; and
(B)after consultation with a broad range of data users and providers;  (2)to the maximum extent possible, use national and international standards adopted by voluntary standards consensus bodies; and
(3)establish new standards only to the extent standards described in paragraph (2) do not exist.  (c)ExclusionThe Director of the Office of Management and Budget shall withhold from public disclosure any information the disclosure of which reasonably could be expected to cause damage to the national interest, security, or defense of the United States, including information relating to geospatial intelligence data activities, as determined in consultation with the Director of National Intelligence.
8.GeoPlatform
(a)In generalThe Committee shall operate an electronic service that provides access to geospatial data and metadata for geospatial data, to be known as the GeoPlatform.  (b)ImplementationThe GeoPlatform—
(1)shall— (A)be available through the internet and other communications means;
(B)be accessible through a common interface;  (C)include all geospatial data collected by covered agencies, directly or indirectly; and
(D)include a set of programming instructions and standards providing an automated means of accessing available geospatial data, which— (i)harmonize sources and data standards associated with geospatial data, including metadata; and
(ii)to the maximum extent practicable, as determined by the Chairperson of the Committee, shall be made publicly available;  (2)may include geospatial data from a source other than a covered agency, if determined appropriate by the Committee; and
(3)shall not include proprietary data acquired under a license by the Federal Government.  (c)ClarificationAlthough the GeoPlatform is intended to include all National Geospatial Data Asset and other Federal datasets, nothing in this Act shall be construed to prevent a covered agency from also presenting, providing, or disseminating data that is—
(1)specific to the functions of the covered agency; or  (2)targeted to information consumers that directly interface with the services, portals, or other mechanisms of the covered agency.
9.Covered agency responsibilities
(a)In generalEach covered agency shall— (1)prepare, maintain, publish, and implement a strategy for advancing geographic information and related geospatial data activities appropriate to the mission of the covered agency, in support of the strategic plan for the National Spatial Data Infrastructure prepared under section 5(c);
(2)collect, maintain, disseminate, and preserve geospatial data such that the resulting data, information, or products can be readily shared with other Federal agencies and non-Federal users;  (3)promote the integration of geospatial data from all sources;
(4)ensure that data information products and other records created in geospatial data activities are included on agency record schedules that have been approved by the National Archives and Records Administration;  (5)allocate resources to fulfill the responsibilities of effective geospatial data collection, production, and stewardship with regard to related activities of the covered agency, and as necessary to support the activities of the Committee;
(6)use the geospatial data standards, including the standards for metadata for geospatial data, and other appropriate standards, including documenting geospatial data with the relevant metadata and making metadata available through the GeoPlatform;  (7)coordinate and work in partnership with other Federal agencies, agencies of State, tribal, and local governments, institutions of higher education, and the private sector to efficiently and cost-effectively collect, integrate, maintain, disseminate, and preserve geospatial data, building upon existing non-Federal geospatial data to the extent possible;
(8)use geospatial information to— (A)make Federal geospatial information and services more useful to the public;
(B)enhance operations;  (C)support decision making; and
(D)enhance reporting to the public and to Congress;  (9)protect personal privacy and maintain confidentiality in accordance with Federal policy and law;
(10)support emergency response activities requiring geospatial data in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other governing law;  (11)participate in determining, when applicable, whether data declassified pursuant to Executive Order 12951 can contribute to and become a part of the National Spatial Data Infrastructure;
(12)search all sources, including the GeoPlatform, to determine if existing Federal, State, local, or private geospatial data meets the needs of the covered agency before expending funds for geospatial data collection;  (13)to the maximum extent practicable, ensure that a person receiving Federal funds for geospatial data collection provides high-quality data; and
(14)appoint a contact to coordinate with the lead covered agencies for collection, acquisition, maintenance, and dissemination of the NGDA data themes used by the covered agency.  (b)Reporting (1)In generalEach covered agency shall submit to the Committee an annual report regarding the achievements of the covered agency in preparing and implementing the strategy described in subsection (a)(1) and complying with the other requirements under subsection (a).
(2)Budget submissionEach covered agency shall include geospatial data as a capital asset for purposes of preparing the budget submission of the President under section 1105(a) of title 31, United States Code (including for purposes of the information required under submissions under exhibits 53 and 300 of Office of Management and Budget Circular A–11, relating to planning, budgeting, acquisition, and management of major information technology capital investments, or any successor thereto).  (3)DisclosureEach covered agency shall disclose each contract, cooperative agreement, grant, or other transaction that deals with geospatial data, which may include posting information relating to the contract, cooperative agreement, grant, or other transaction on www.USAspending.gov, or any successor thereto.
(4)OMB reviewIn reviewing the annual budget justifications submitted by covered agencies, the Office of Management and Budget shall take into consideration the summary and evaluations required under subparagraphs (A) and (B) of section 3(c)(10), comments, and replies to comments as required under paragraphs (11) and (12) of section 3(c), in its annual evaluation of the budget justification of each covered agency.  (5)ReportingThe Office of Management and Budget shall include a discussion of the summaries and evaluation of the progress in establishing the National Spatial Data Infrastructure in each E-Government status report submitted under section 3606 of title 44, United States Code.
(c)AuditsNot less than once every 2 years, the Inspector General of a covered agency (or senior ethics official of the covered agency for a covered agency without an Inspector General) shall submit to Congress an audit of the collection, production, acquisition, maintenance, distribution, use, and preservation of geospatial data by the covered agency, which shall include a review of— (1)the compliance of the covered agency with the standards for geospatial data, including metadata for geospatial data, established under section 7;
(2)the compliance of the covered agency with the requirements under subsection (a); and  (3)the compliance of the covered agency on the limitation on the use of Federal funds under section 10.
10.Limitation on use of Federal fundsOn and after the date that is 5 years after the date of enactment of this Act, Federal funds shall not be available for the collection, production, acquisition, maintenance, or dissemination of geospatial data that does not comply with applicable standards established under section 7, as determined by the Committee.