December 19, 2019 - Issue: Vol. 165, No. 206 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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TEXT OF AMENDMENTS; Congressional Record Vol. 165, No. 206
(Senate - December 19, 2019)
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[Pages S7215-S7221] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 1268. Mr. WICKER proposed an amendment to the bill S. 1822, to require the Federal Communications Commission to issue rules relating to the collection of data with respect to the availability of broadband services, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Deployment Accuracy and Technological [[Page S7216]] Availability Act'' or the ``Broadband DATA Act''. SEC. 2. BROADBAND DATA. The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``TITLE VIII--BROADBAND DATA ``SEC. 801. DEFINITIONS. ``In this title: ``(1) Broadband internet access service.--The term `broadband internet access service' has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. ``(2) Broadband map.--The term `Broadband Map' means the map created by the Commission under section 802(c)(1)(A). ``(3) Cell edge probability.--The term `cell edge probability' means the likelihood that the minimum threshold download and upload speeds with respect to broadband internet access service will be met or exceeded at a distance from a base station that is intended to indicate the ultimate edge of the coverage area of a cell. ``(4) Cell loading.--The term `cell loading' means the percentage of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service. ``(5) Clutter.--The term `clutter' means a natural or man- made surface feature that affects the propagation of a signal from a base station. ``(6) Fabric.--The term `Fabric' means the Broadband Serviceable Location Fabric established under section 802(b)(1)(B). ``(7) Form 477.--The term `Form 477' means Form 477 of the Commission relating to local telephone competition and broadband reporting. ``(8) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(9) Mobility fund phase ii.--The term `Mobility Fund Phase II' means the second phase of the proceeding to provide universal service support from the Mobility Fund (WC Docket No. 10-90; WT Docket No. 10-208). ``(10) Propagation model.--The term `propagation model' means a mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other conditions. ``(11) Provider.--The term `provider' means a provider of fixed or mobile broadband internet access service. ``(12) Quality of service.--The term `quality of service' means, with respect to broadband internet access service, the download and upload speeds (and, for relevant services, latency) with respect to that service, as determined by, and to the extent otherwise collected by, the Commission. ``(13) Shapefile.--The term `shapefile' means a digital storage format containing geospatial or location-based data and attribute information-- ``(A) regarding the availability of broadband internet access service; and ``(B) that can be viewed, edited, and mapped in geographic information system software. ``(14) Standard broadband installation.--The term `standard broadband installation'-- ``(A) means the initiation by a provider of fixed broadband internet access service in an area in which the provider has not previously offered that service, with no charges or delays attributable to the extension of the network of the provider; and ``(B) includes the initiation of fixed broadband internet access service through routine installation that can be completed not later than 10 business days after the date on which the service request is submitted. ``SEC. 802. BROADBAND MAPS. ``(a) Rules.-- ``(1) In general.--Not later than 180 days after the date of enactment of this title, the Commission shall issue final rules that shall-- ``(A) require the biannual collection and dissemination of granular data, as determined by the Commission-- ``(i) relating to the availability and quality of service with respect to terrestrial fixed, fixed wireless, satellite, and mobile broadband internet access service; and ``(ii) that the Commission shall use to compile the maps created under subsection (c)(1) (referred to in this section as `coverage maps'), which the Commission shall make publicly available; and ``(B) establish-- ``(i) processes through which the Commission can verify the accuracy of data submitted under subsection (b)(2); ``(ii) processes and procedures through which the Commission, and, as necessary, other entities or individuals submitting non-public or competitively sensitive information under this title, can protect the security, privacy, and confidentiality of that non-public or competitively sensitive information, including-- ``(I) information contained in the Fabric; ``(II) the dataset created under subsection (b)(1)(A) supporting the Fabric; and ``(III) the data submitted under subsection (b)(2); ``(iii) the challenge process described in subsection (b)(5); and ``(iv) the process described in section 804(b). ``(2) Other data.--In issuing the rules under paragraph (1), the Commission shall develop a process through which the Commission can collect verified data for use in the coverage maps from-- ``(A) State, local, and Tribal governmental entities that are primarily responsible for mapping or tracking broadband internet access service coverage for a State, unit of local government, or Indian Tribe, as applicable; ``(B) third parties, if the Commission determines that it is in the public interest to use such data in-- ``(i) the development of the coverage maps; or ``(ii) the verification of data submitted under subsection (b); and ``(C) other Federal agencies. ``(3) Updates.--The Commission shall revise the rules issued under paragraph (1) to-- ``(A) reflect changes in technology; ``(B) ensure the accuracy of propagation models, as further provided in subsection (b)(3); and ``(C) improve the usefulness of the coverage maps. ``(b) Content of Rules.-- ``(1) Establishment of a serviceable location fabric regarding fixed broadband.-- ``(A) Dataset.-- ``(i) In general.--The Commission shall create a common dataset of all locations in the United States where fixed broadband internet access service can be installed, as determined by the Commission. ``(ii) Contracting.-- ``(I) In general.--Subject to subclauses (II) and (III), the Commission may contract with an entity with expertise with respect to geographic information systems (referred to in this subsection as `GIS') to create and maintain the dataset under clause (i). ``(II) Application of the federal acquisition regulation.-- A contract into which the Commission enters under subclause (I) shall in all respects comply with applicable provisions of the Federal Acquisition Regulation. ``(III) Limitations.--With respect to a contract into which the Commission enters under subclause (I)-- ``(aa) the entity with which the Commission enters into the contract shall be selected through a competitive bid process that is transparent and open; and ``(bb) the contract shall be for a term of not longer than 5 years, after which the Commission may enter into a new contract-- ``(AA) with an entity, and for the purposes, described in clause (i); and ``(BB) that complies with the requirements under subclause (II) and this subclause; and ``(cc) the contract shall-- ``(AA) prohibit the entity described in item (aa) from selling, leasing, or otherwise disclosing for monetary consideration any personally identifiable information to any other entity other than for purposes authorized under this title; and ``(BB) require the entity described in item (aa) to include in any contract with any other entity a provision that prohibits that other entity from engaging in an action that is prohibited under subitem (AA). ``(B) Fabric.--The rules issued by the Commission under subsection (a)(1) shall establish the Broadband Serviceable Location Fabric, which shall-- ``(i) contain geocoded information for each location identified under subparagraph (A)(i); ``(ii) serve as the foundation upon which all data relating to the availability of fixed broadband internet access service collected under paragraph (2)(A) shall be reported and overlaid; ``(iii) be compatible with commonly used GIS software; and ``(iv) at a minimum, be updated every 6 months by the Commission. ``(C) Implementation priority.--The Commission shall prioritize implementing the Fabric for rural and insular areas of the United States. ``(2) Collection of information.--The rules issued by the Commission under subsection (a)(1) shall include uniform standards for the reporting of broadband internet access service data that the Commission shall collect-- ``(A) from each provider of terrestrial fixed, fixed wireless, or satellite broadband internet access service, which shall include data that-- ``(i) documents the areas where the provider-- ``(I) has actually built out the broadband network infrastructure of the provider such that the provider is able to provide that service; and ``(II) could provide that service, as determined by identifying where the provider is capable of performing a standard broadband installation, if applicable; ``(ii) includes information regarding download and upload speeds, at various thresholds established by the Commission, and, if applicable, latency with respect to broadband internet access service that the provider makes available; ``(iii) can be georeferenced to the GIS data in the Fabric; ``(iv) the provider shall report as-- ``(I) with respect to providers of fixed wireless broadband internet access service-- ``(aa) propagation maps and propagation model details that-- ``(AA) satisfy standards that are similar to those applicable to providers of mobile broadband internet access service under subparagraph (B) with respect to propagation maps and propagation model details, taking into account material differences between [[Page S7217]] fixed wireless and mobile broadband internet access service; and ``(BB) reflect the speeds and latency of the service provided by the provider; or ``(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission-- ``(AA) may only permit, and not require, a provider to report the data using that means of reporting; and ``(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and ``(II) with respect to providers of terrestrial fixed and satellite broadband internet access service-- ``(aa) polygon shapefiles; or ``(bb) a list of addresses or locations that constitute the service area of the provider, except that the Commission-- ``(AA) may only permit, and not require, a provider to report the data using that means of reporting; and ``(BB) in the rules issued under subsection (a)(1), shall provide a method for using that means of reporting with respect to Tribal areas; and ``(v) the Commission determines is appropriate with respect to certain technologies in order to ensure that the Broadband Map is granular and accurate; and ``(B) from each provider of mobile broadband internet access service, which shall include propagation maps and propagation model details that indicate the current (as of the date on which the information is collected) fourth generation Long-Term Evolution (commonly referred to as `4G LTE') mobile broadband internet access service coverage of the provider, which shall-- ``(i) take into consideration the effect of clutter; and ``(ii) satisfy-- ``(I) the requirements of having-- ``(aa) a download speed of not less than 5 megabits per second and an upload speed of not less than 1 megabit per second with a cell edge probability of not less than 90 percent; and ``(bb) cell loading of not less than 50 percent; and ``(II) any other parameter that the Commission determines to be necessary to create a map under subsection (c)(1)(C) that is more precise than the map produced as a result of the submissions under the Mobility Fund Phase II information collection. ``(3) Update of reporting standards for mobile broadband internet access service.--For the purposes of paragraph (2)(B), if the Commission determines that the reporting standards under that paragraph are insufficient to collect accurate propagation maps and propagation model details with respect to future generations of mobile broadband internet access service technologies, the Commission shall immediately commence a rule making to adopt new reporting standards with respect to those technologies that-- ``(A) shall be the functional equivalent of the standards required under paragraph (2)(B); and ``(B) allow for the collection of propagation maps and propagation model details that are as accurate and granular as, or more accurate and granular than, the maps and model details collected by the Commission under paragraph (2)(B). ``(4) Certification and verification.--With respect to a provider that submits information to the Commission under paragraph (2)-- ``(A) the provider shall include in each submission a certification from a corporate officer of the provider that the officer has examined the information contained in the submission and that, to the best of the officer's actual knowledge, information, and belief, all statements of fact contained in the submission are true and correct; and ``(B) the Commission shall verify the accuracy and reliability of the information in accordance with measures established by the Commission. ``(5) Challenge process.-- ``(A) In general.--In the rules issued under subsection (a), and subject to subparagraph (B), the Commission shall establish a user-friendly challenge process through which consumers, State, local, and Tribal governmental entities, and other entities or individuals may submit coverage data to the Commission to challenge the accuracy of-- ``(i) the coverage maps; ``(ii) any information submitted by a provider regarding the availability of broadband internet access service; or ``(iii) the information included in the Fabric. ``(B) Considerations; verification; response to challenges.--In establishing the challenge process required under subparagraph (A), the Commission shall-- ``(i) consider-- ``(I) the types of information that an entity or individual submitting a challenge should provide to the Commission in support of the challenge; ``(II) the appropriate level of granularity for the information described in subclause (I); ``(III) the need to mitigate the time and expense incurred by, and the administrative burdens placed on, entities or individuals in-- ``(aa) challenging the accuracy of a coverage map; and ``(bb) responding to challenges described in item (aa); ``(IV) the costs to consumers and providers resulting from a misallocation of funds because of a reliance on outdated or otherwise inaccurate information in the coverage maps; ``(V) any lessons learned from the challenge process established under Mobility Fund Phase II, as determined from comments solicited by the Commission; and ``(VI) the need for user-friendly challenge submission formats that will promote participation in the challenge process; ``(ii) include a process for verifying the data submitted through the challenge process in order to ensure the reliability of that data; ``(iii) allow providers to respond to challenges submitted through the challenge process; and ``(iv) develop an online mechanism, which-- ``(I) shall be integrated into the coverage maps; ``(II) allows for an entity described in subparagraph (A) to submit a challenge under the challenge process; ``(III) makes challenge data available in both geographic information system and non-geographic information system formats; and ``(IV) clearly identifies the areas in which broadband internet access service is available, and the upload and download speeds at which that service is available, as reported to the Commission under this section. ``(C) Use of challenges.--The rules issued to establish the challenge process under subparagraph (A) shall include-- ``(i) a process for the speedy resolution of challenges; and ``(ii) a process for the regular and expeditious updating of the coverage maps and granular data disseminated by the Commission as challenges are resolved. ``(D) Report to congress.--Not earlier than 1 year, and not later than 18 months, after the date on which the rules issued under subsection (a)(1) take effect, the Commission shall, after an opportunity for notice and comment, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- ``(i) evaluates the challenge process described in subparagraph (A); and ``(ii) considers whether the Commission should commence an inquiry on the need for other tools to help-- ``(I) identify potential inaccuracies in the data relating to broadband internet access service that providers report; and ``(II) improve the accuracy of the data described in subclause (I). ``(6) Reform of form 477 process.-- ``(A) In general.--Not later than 180 days after the date on which the rules issued under subsection (a) take effect, the Commission shall-- ``(i) reform the Form 477 broadband deployment service availability collection process of the Commission-- ``(I) to achieve the purposes of this title; and ``(II) in a manner that-- ``(aa) enables the comparison of data and maps produced before the implementation of this title with data and coverage maps produced after the implementation of this title; and ``(bb) maintains the public availability of data relating to the deployment of broadband internet access service; and ``(ii) harmonize reporting requirements and procedures regarding the deployment of broadband internet access service that are in effect on the day before the date on which the rules issued under subsection (a)(1) take effect with those requirements and procedures in those rules. ``(B) Continued collection and reporting.--On and after the date on which the Commission carries out subparagraph (A), the Commission shall continue to collect and publicly report subscription data that the Commission collected through the Form 477 broadband deployment service availability process, as in effect on July 1, 2019. ``(7) Sharing data with ntia.--The Commission shall establish a process to make the data collected under paragraph (2) available to the National Telecommunications and Information Administration. ``(c) Maps.--The Commission shall-- ``(1) after consultation with the Federal Geographic Data Committee established under section 753(a) of the Geospatial Data Act of 2018, create-- ``(A) the Broadband Map, which shall depict-- ``(i) the extent of the availability of broadband internet access service in the United States, without regard to whether that service is fixed broadband internet access service or mobile broadband internet access service, which shall be based on data collected by the Commission from all providers; and ``(ii) the areas of the United States that remain unserved by providers; ``(B) a map that depicts the availability of fixed broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(A); and ``(C) a map that depicts the availability of mobile broadband internet access service, which shall be based on data collected by the Commission from providers under subsection (b)(2)(B); ``(2) use the maps created under paragraph (1)-- [[Page S7218]] ``(A) to determine the areas in which terrestrial fixed, fixed wireless, mobile, and satellite broadband internet access service is and is not available; and ``(B) when making any new award of funding with respect to the deployment of broadband internet access service; ``(3) update the maps created under paragraph (1) not less frequently than biannually using the most recent data collected from providers under subsection (b)(2); ``(4) consult with-- ``(A) the Secretary of Agriculture to enable the Secretary of Agriculture to consult the maps created under paragraph (1) when considering the awarding of funds for the deployment of broadband internet access service under any program administered by the Administrator of the Rural Utilities Service; and ``(B) the National Telecommunications and Information Administration to enable the Administration to consult the maps created under paragraph (1) when considering the awarding of funds for the deployment of broadband internet access service under any future program administered by the Administration; ``(5) make available to any Federal agency, upon request, the maps created under paragraph (1); and ``(6) make public at an appropriate level of granularity-- ``(A) the maps created under paragraph (1); and ``(B) the data collected by the Commission with respect to the availability of broadband internet access service and the quality of service with respect to broadband internet access service. ``(d) Delayed Effective Date for Quality of Service Rules.--Any requirement of a rule issued under subsection (a)(1) that relates to quality of service shall take effect not earlier than the date that is 180 days after the date on which the Commission issues that rule. ``SEC. 803. ENFORCEMENT. ``It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data under this title that is materially inaccurate or incomplete with respect to the availability of broadband internet access service or the quality of service with respect to broadband internet access service. ``SEC. 804. IMPROVING DATA ACCURACY. ``(a) Audits.--The Commission shall conduct regular audits of information submitted to the Commission by providers under section 802(b)(2) to ensure that the providers are complying with this title. ``(b) Crowdsourcing.-- ``(1) In general.--The Commission shall develop a process through which entities or individuals in the United States may submit specific information about the deployment and availability of broadband internet access service in the United States on an ongoing basis so that the information may be used to verify and supplement information provided by providers of broadband internet access service for inclusion in the maps created under section 802(c)(1). ``(2) Collaboration.--As part of the efforts of the Commission to facilitate the ability of entities and individuals to submit information under paragraph (1), the Commission shall-- ``(A) prioritize the consideration of data provided by data collection applications used by consumers that the Commission has determined-- ``(i) are highly reliable; and ``(ii) have proven methodologies for determining network coverage and network performance; ``(B) not later than 1 year after the date of enactment of this title, conclude a process that tests the feasibility of partnering with Federal agencies that operate delivery fleet vehicles, including the United States Postal Service, to facilitate the collection and submission of information described in that paragraph; and ``(C) not later than 14 months after the date of enactment of this title, publish on the website of the Commission, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report regarding the testing described in subparagraph (B), which shall include-- ``(i) a determination regarding whether the partnerships with Federal agencies described in that subparagraph are able to facilitate the collection and submission of information described in paragraph (1); and ``(ii) any steps that the Commission plans to take to facilitate the partnerships described in that subparagraph. ``(c) Technical Assistance to Indian Tribes.-- ``(1) In general.--Subject to paragraph (2), the Commission shall hold workshops for Tribal governments in each of the 12 Bureau of Indian Affairs regions to provide technical assistance with the collection and submission of data under section 802(a)(2). ``(2) Annual review.--Each year, the Commission, in consultation with Indian Tribes, shall review the need for continued workshops required under paragraph (1). ``(d) Technical Assistance to Small Service Providers.--The Commission shall establish a process through which a provider that has fewer than 100,000 active broadband internet access service connections may request and receive assistance from the Commission with respect to geographic information system data processing to ensure that the provider is able to comply with the requirements under section 802(b) in a timely and accurate manner. ``(e) Technical Assistance to State, Local, and Tribal Governments and Consumers.--The Commission shall provide technical assistance to consumers and State, local, and Tribal governmental entities with respect to the challenge process established under section 802(b)(5), which shall include-- ``(1) detailed tutorials and webinars; and ``(2) the provision of staff of the Commission to provide assistance, as needed, throughout the entirety of the challenge process. ``(f) GAO Assessment of Fabric Source Data.-- ``(1) In general.--The Comptroller General of the United States shall conduct an assessment of key data sources that are used for purposes of the Fabric to identify and geocode locations where fixed broadband internet access service can be installed in order for the Comptroller General to develop recommendations for how the quality and completeness of those data sources can be improved as data sources for the Fabric. ``(2) Sources included.--For the purposes of the assessment conducted under paragraph (1), the key data sources described in that paragraph shall include-- ``(A) any relevant sources of Federal data, including the National Address Database administered by the Department of Transportation; ``(B) State- and county-level digitized parcel data; and ``(C) property tax attribute recording. ``(3) Report.--Not later than 1 year after the date of enactment of this title, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that contains the recommendations developed under paragraph (1). ``SEC. 805. COST. ``(a) USF.--The Commission may not use funds from the universal service programs of the Commission established under section 254, and the regulations issued under that section, to pay for any costs associated with this title. ``(b) Other Funds.--The Commission may recover costs associated with this title under section 9 to the extent provided for in an appropriation Act, as required under subsection (a) of that section. ``SEC. 806. OTHER PROVISIONS. ``(a) OMB.--Notwithstanding any other provision of law, the initial rule making required under section 802(a)(1) shall be exempt from review by the Office of Management and Budget. ``(b) PRA.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to the initial rule making required under section 802(a)(1). ``(c) Execution of Responsibilities.--Except as provided in section 802(b)(1)(A)(ii), the Commission-- ``(1) including the offices of the Commission, shall carry out the responsibilities assigned to the Commission under this title; and ``(2) may not delegate any of the responsibilities assigned to the Commission under this title to any third party, including the Universal Service Administrative Company. ``(d) Reporting.--Each fiscal year, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that summarizes the implementation of this title and associated enforcement activities conducted during the previous fiscal year. ``(e) Rule of Construction.--If the Commission, before the date of enactment of this title, has taken an action that, in whole or in part, implements this title, the Commission shall not be required to revisit such action to the extent that such action is consistent with this title.''. ______ SA 1269. Mr. McCONNELL (for Mr. Portman) proposed an amendment to the bill S. 1434, to prohibit the use of reverse auctions for design and construction services procurements, and for other purposes; as follows: On page 3, line 12, strike ``, in whole or in part, based'' and insert ``is solely based''. ______ SA 1270. Mr. McCONNELL (for Mr. Cardin) proposed an amendment to the bill S. 439, to allow Members of Congress to opt out of the Federal Employees Retirement System, and allow Members who opt out of the Federal Employees Retirement System to continue to participate in the Thrift Savings Plan; as follows: On page 2, strike lines 1 through 3 and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Members of Congress Pension Opt Out Clarification Act''. ______ SA 1271. Mr. McCONNELL (for Mr. Gardner (for himself and Mr. Manchin)) proposed an amendment to the bill S. 221, to amend title 38, United [[Page S7219]] States Code, to require the Under Secretary of Health to report major adverse personnel actions involving certain health care employees to the National Practitioner Data Bank and to applicable State licensing boards, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Provider Accountability Act''. SEC. 2. ACCOUNTABILITY WITHIN VETERANS HEALTH ADMINISTRATION. (a) Reporting Major Adverse Actions to National Practitioner Data Bank and State Licensing Boards.--Section 7461 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) Whenever the Under Secretary for Health (or an official designated by the Under Secretary) brings charges based on conduct or performance against a section 7401(1) employee and as a result of those charges a covered major adverse action is taken against the employee, the Under Secretary shall, not later than 30 days after the date on which such covered major adverse action is carried out-- ``(A) transmit to the National Practitioner Data Bank of the Department of Health and Human Services and the applicable State licensing board the name of the employee, a description of the covered major adverse action, and a description of the reason for the covered major adverse action; and ``(B) update the VetPro System, or successor system, with a record of the covered major adverse action taken and an indication that information was transmitted under subparagraph (A). ``(2) The Under Secretary for Health-- ``(A) shall enroll all 7401(1) employees in a continuous query of their record within the National Practitioner Data Bank; and ``(B) shall develop and implement a mechanism for maintaining and updating the information collected through such continuous query within the VetPro System, or successor system, to facilitate the sharing of such information between Veterans Integrated Service Networks. ``(3) In this subsection, the term `covered major adverse action' means a major adverse action with respect to a section 7401(1) employee that originated from circumstances in which the behavior of the employee so substantially failed to meet generally-accepted standards of clinical practice as to raise reasonable concern for safety of patients.''. (b) Prohibition on Signing Settlements With Certain Clauses.-- (1) In general.--Except as provided in paragraph (2), the Secretary of Veterans Affairs may not enter into a settlement agreement relating to an adverse action against a section 7401(1) employee under which the Department of Veterans Affairs would be required to conceal a serious medical error or a lapse in generally-accepted standards of clinical practice. (2) Exception.--Paragraph (1) shall not apply to a negative record if the head of the Office of Accountability and Whistleblower Protection of the Department and the Special Counsel (established by section 1211 of title 5, United States Code) jointly certify that the negative record is not legitimate. (c) Training on Credentialing and Privileging.--The Under Secretary for Health of the Department of Veterans Affairs shall provide to all staff of the Veterans Health Administration who handle hiring, privileging, and credentialing mandatory training on-- (1) all policies of the Veterans Health Administration for credentialing and privileging; and (2) when and how to report adverse actions to the National Practitioner Data Bank of the Department of Health and Human Services, State licensing boards, and other relevant entities. (d) Sense of Congress on Updates to the VHA Handbook.--It is the sense of Congress that-- (1) Congress recognizes that the confusion regarding practices in the Veterans Health Administration for reporting to State licensing boards stems from a lack of guidance in the Veterans Health Administration handbook 1100.18; (2) Congress strongly recommends that the Secretary of Veterans Affairs update such handbook to ensure that employees of the Veterans Health Administration, officials of the Veterans Integrated Services Networks, and officials of the Department of Veterans Affairs understand and are able to utilize the role of State licensing boards to effectively prevent instances of failed reporting and future patient safety concerns; (3) Congress recognizes the broad authority of the Veterans Health Administration to report to State licensing boards those employed or separated health care professionals whose behavior and clinical practice so substantially failed to meet generally-accepted standards of clinical practice as to raise reasonable concern for safety of patients and requests that such handbook is updated to reflect appropriate reporting channels to ensure employee understanding of those procedures and authorities; and (4) in developing the new handbook, the Secretary of Veterans Affairs should consult with-- (A) State licensing boards; (B) the Centers for Medicare & Medicaid Services; (C) the National Practitioner Data Bank of the Department of Health and Human Services; and (D) the exclusive representative of section 7401(1) employees. (e) Section 7401(1) Employee Defined.--In this section, the term ``section 7401(1) employee'' has the meaning given that term in section 7461(c)(1) of title 38, United States Code. ______ SA 1272. Mr. McCONNELL (for Mr. Boozman) proposed an amendment to the bill S. 2096, to amend title 38, United States Code, to authorize States and tribal organizations that receive grants from the National Cemetery Administration for establishment, expansion, or improvement of a veterans' cemeteries to use amounts of such grants for State and tribal organization cemetery personnel to train at the training center of the National Cemetery Administration, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. TRAINING OF STATE VETERANS CEMETERY PERSONNEL BY NATIONAL CEMETERY ADMINISTRATION. Section 2408 of title 38, United States Code, is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking ``and (ii) the cost'' and inserting ``(ii) the cost''; and (ii) by inserting ``; and (iii) training costs, including travel expenses, associated with attendance at training provided by the National Cemetery Administration'' before the semicolon; and (B) in subparagraph (B)-- (i) by striking ``and (ii) the cost'' and inserting ``(ii) the cost''; and (ii) by inserting ``; and (iii) training costs, including travel expenses, associated with attendance at training provided by the National Cemetery Administration'' before the period; (2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (3) by inserting after subsection (b) the following new subsection (c): ``(c) A grant under this section for a purpose described in subparagraph (A) or (B) of subsection (a)(1) may be used, solely or in part, for training costs, including travel expenses, associated with attendance at training provided by the National Cemetery Administration.''. ______ SA 1273. Mr. McCONNELL (for Ms. Murkowski (for herself and Mr. Cruz)) proposed an amendment to the bill H.R. 550, to award a Congressional Gold Medal, collectively, to the United States Merchant Mariners of World War II, in recognition of their dedicated and vital service during World War II; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Merchant Mariners of World War II Congressional Gold Medal Act of 2019''. SEC. 2. FINDINGS. Congress finds the following: (1) 2019 marked the 74th anniversary of Allied victory in World War II. (2) The United States Merchant Marine (in this section referred to as the ``Merchant Marine'') was integral in providing the link between domestic production and the fighting forces overseas, providing combat equipment, fuel, food, commodities, and raw materials to troops stationed abroad. (3) Fleet Admiral Ernest J. King acknowledged the indispensability of the Merchant Marine to the victory in a 1945 letter stating that, without the support of the Merchant Marine, ``the Navy could not have accomplished its mission''. (4) President, and former Supreme Commander of the Allied Expeditionary Forces, Dwight D. Eisenhower acknowledged that ``through the prompt delivery of supplies and equipment to our armed forces overseas, and of cargoes representing economic and military aid to friendly nations, the American Merchant Marine has effectively helped to strengthen the forces of freedom throughout the world''. (5) Military missions and war planning were contingent upon the availability of resources and the Merchant Marine played a vital role in this regard, ensuring the efficient and reliable transoceanic transport of military equipment and both military and civilian personnel. (6) The Merchant Marine provided for the successful transport of resources and personnel despite consistent and ongoing exposure to enemy combatants from both the air and the sea, including from enemy bomber squadrons, submarines, and naval mines. (7) The efforts of the Merchant Marine were not without sacrifices as the Merchant Marine likely bore a higher per- capita casualty rate than any of the military branches during the war. (8) The Merchant Marine proved to be an instrumental asset on an untold number of [[Page S7220]] occasions, participating in every landing operation by the United States Marine Corps, from Guadalcanal to Okinawa. (9) The Merchant Marine provided the bulk tonnage of material necessary for the invasion of Normandy, an invasion which, according to a 1944 New York Times article, ``would not have been possible without the Merchant Marine''. (10) In assessing the performance of the Merchant Marine, General Eisenhower stated, ``every man in this Allied command is quick to express his admiration for the loyalty, courage, and fortitude of the officers and men of the Merchant Marine. We count upon their efficiency and their utter devotion to duty as we do our own; they have never failed us''. (11) During a September 1944 speech, President Franklin D. Roosevelt stated that the Merchant Marine had ``delivered the goods when and where needed in every theater of operations and across every ocean in the biggest, the most difficult, and dangerous transportation job ever undertaken. As time goes on, there will be greater public understanding of our merchant fleet's record during this war''. (12) The feats and accomplishments of the Merchant Marine are deserving of broader public recognition. (13) The United States will be forever grateful and indebted to these merchant mariners for their effective, reliable, and courageous transport of goods and resources in enemy territory throughout theaters of every variety in World War II. (14) The goods and resources transported by the Merchant Marine saved thousands of lives and enabled the Allied Powers to claim victory in World War II. (15) The Congressional Gold Medal would be an appropriate way to shed further light on the service of the merchant mariners in World War II and the instrumental role they played in winning that war. (16) Many students of the Merchant Marine Academy lost their lives as they sailed through enemy-controlled waters or unloaded cargo in overseas combat areas, and, as a result, the United States Merchant Marine Academy is the only institution among the 5 Federal academies to be authorized to carry a battle standard as part of its color guard. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the United States merchant mariners of World War II, in recognition of their dedicated and vital service during World War II. (b) Design and Striking.--For the purposes of the award described in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) American Merchant Marine Museum.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the American Merchant Marine Museum, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of Congress that the American Merchant Marine Museum should make the gold medal given to the Museum under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Merchant Marine and that preference should be given to locations affiliated with the United States Merchant Marine. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. ______ SA 1274. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the bill S. 1029, to allow the use of certified facility dogs in criminal proceedings in Federal courts, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Courthouse Dogs Act''. SEC. 2. USE OF CERTIFIED FACILITY DOG FOR TESTIMONY IN CRIMINAL PROCEEDINGS. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3502 the following: ``Sec. 3503. Use of certified facility dog for testimony in criminal proceedings ``(a) Defined Term.--In this section, the term `certified facility dog' means a dog that has graduated from an assistance dog organization that is a member of an internationally recognized assistance dog association that has a primary purpose of granting accreditation based on standards of excellence in areas of-- ``(1) assistance dog acquisition; ``(2) dog training; ``(3) dog handler training; and ``(4) dog placement. ``(b) Requests for Use of Certified Facility Dogs.--Either party in a criminal proceeding in a Federal court may apply for an order from the court to allow a certified facility dog, if available, to be present with a witness testifying before the court through-- ``(1) in-person testimony; or ``(2) testimony televised by 2-way, closed-circuit television. ``(c) Conditions for Approval.--A Federal court may enter an order authorizing an available certified facility dog to accompany a witness while testifying at a hearing in accordance with subsection (b) if the court finds that-- ``(1) the dog to be used qualifies as a certified facility dog; ``(2) the use of a certified facility dog will aid the witness in providing testimony; and ``(3) upon a showing by the party seeking an order under subsection (b), the certified facility dog is insured for liability protection. ``(d) Handlers.--Each certified facility dog authorized to accompany a witness under subsection (c) shall be accompanied by a handler who is-- ``(1) trained to manage the certified facility dog by an assistance dog organization described in subsection (a); and ``(2) a professional working in the legal system with knowledge about the legal and criminal justice processes. ``(e) Deadline.--The party seeking an order under subsection (b) shall apply for such order not later than 14 days before the preliminary hearing, trial date, or other hearing to which the order is to apply. ``(f) Other Orders.--A Federal court may make such orders as may be necessary to preserve the fairness of the proceeding, including imposing restrictions on, and instructing the jury regarding, the presence of the certified facility dog during the proceedings. ``(g) Savings Provision.--Nothing in this section may be construed to prevent a Federal court from providing any other accommodations to a witness in accordance with applicable law.''. (b) Clerical Amendment.--The chapter analysis for chapter 223 of title 18, United States Code, is amended by inserting after the item relating to section 3502 the following: ``3503. Use of certified facility dog for testimony in criminal proceedings.''. ______ SA 1275. Mr. McCONNELL (for Mr. Cardin) proposed an amendment to the bill S. 1309, to identify and combat corruption in countries, to establish a tiered system of countries with respect to levels of corruption by their governments and their efforts to combat such corruption, and to assess United States assistance to designated countries in order to advance anti-corruption efforts in those countries and better serve United States taxpayers; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the foreign policy interest of the United States to help foreign countries promote good governance and combat public corruption; (2) multiple Federal departments and agencies operate programs that promote good governance in foreign countries and enhance such countries' ability to combat public corruption; and (3) the Department of State should-- (A) promote coordination among the Federal departments and agencies implementing programs to promote good governance and combat public corruption in foreign countries in order to improve effectiveness and efficiency; and (B) identify areas in which United States efforts to help other countries promote good governance and combat public corruption could be enhanced. SEC. 2. ANNUAL ASSESSMENT. (a) In General.--For each of the fiscal years 2020 through 2026, the Secretary of State shall assess the capacity and commitment of foreign governments to which the United States provides foreign assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) to combat public corruption. Each such assessment shall-- (1) utilize independent, third party indicators that measure transparency, accountability, and corruption in the public sector in such countries, including the extent to which public power is exercised for private gain, to identify those countries that are most vulnerable to public corruption; (2) consider, to the extent reliable information is available, whether the government of a country identified under paragraph (1)-- (A) has adopted measures to prevent public corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of public corruption; [[Page S7221]] (B) has enacted laws and established government structures, policies, and practices that prohibit public corruption; (C) enforces such laws through a fair judicial process; (D) vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate public corruption, including nationals of such country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions who engage in or facilitate public corruption; (E) prescribes appropriate punishment for serious, significant corruption that is commensurate with the punishment prescribed for serious crimes; (F) prescribes appropriate punishment for significant corruption that provides a sufficiently stringent deterrent and adequately reflects the nature of the offense; (G) convicts and sentences persons responsible for such acts that take place wholly or partly within the country of such government, including, as appropriate, requiring the incarceration of individuals convicted of such acts; (H) holds private sector representatives accountable for their role in public corruption; and (I) addresses threats for civil society to monitor anti- corruption efforts; and (3) further consider-- (A) verifiable measures taken by the government of a country identified under paragraph (1) to prohibit government officials from participating in, facilitating, or condoning public corruption, including the investigation, prosecution, and conviction of such officials; (B) the extent to which such government provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat public corruption, including reporting, investigating, and monitoring; (C) the extent to which an independent judiciary or judicial body in such country is responsible for, and effectively capable of, deciding public corruption cases impartially, on the basis of facts and in accordance with law, without any improper restrictions, influences, inducements, pressures, threats, or interferences, whether direct or indirect, from any source or for any reason; (D) the extent to which such government cooperates meaningfully with the United States to strengthen government and judicial institutions and the rule of law to prevent, prohibit, and punish public corruption; (E) the extent to which such government-- (i) is assisting in international investigations of transnational public corruption networks and in other cooperative efforts to combat serious, significant corruption, including cooperating with the governments of other countries to extradite corrupt actors; (ii) recognizes the rights of victims of public corruption, ensures their access to justice, and takes steps to prevent such victims from being further victimized or persecuted by corrupt actors, government officials, or others; and (iii) refrains from prosecuting legitimate victims of public corruption or whistleblowers due to such persons having assisted in exposing public corruption, and refrains from other discriminatory treatment of such persons; and (F) contain such other information relating to public corruption as the Secretary of State considers appropriate. (b) Identification.--After conducting each assessment under subsection (a), the Secretary of State shall identify, of the countries described in subsection (a)(1)-- (1) which countries are meeting minimum standards to combat public corruption; (2) which countries are not meeting such minimum standards, but are making significant efforts to do so; and (3) which countries are not meeting such minimum standards and are not making significant efforts to do so. (c) Report.--Except as provided in subsection (d), not later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2026, the Secretary of State shall submit a report to the appropriate congressional committees, and make such report publicly available. Such report shall-- (1) identify the countries described in subsection (a)(1) and paragraphs (2) and (3) of subsection (b); (2) describe the methodology and data utilized in the assessments under subsection (a); and (3) identify the reasons for the identifications referred to in paragraph (1). (d) Briefing in Lieu of Report.--The Secretary of State may waive the requirement to submit and make publicly available a written report under subsection (c) if the Secretary-- (1) determines that publication of such report would-- (A) undermine existing United States anti-corruption efforts in 1 or more countries; or (B) threaten the national interests of the United States; and (2) provides a briefing to the appropriate congressional committees that-- (A) identifies the countries described in subsection (a)(1) and paragraphs (2) and (3) of subsection (b); (B) describes the methodology and data utilized in the assessment under subsection (a); and (C) identifies the reasons for such identifications. (e) Appropriate Congressional Committee Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 3. TRANSPARENCY AND ACCOUNTABILITY. For each country identified under paragraphs (2) and (3) of section 2(b), the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, as appropriate, shall-- (1) ensure that a corruption risk assessment and mitigation strategy is included in the integrated country strategy for such country; and (2) utilize appropriate mechanisms to combat corruption in such countries, including by ensuring-- (A) the inclusion of anti-corruption clauses in contracts, grants, and cooperative agreements entered into by the Department of State or the United States Agency for International Development for or in such countries, which allow for the termination of such contracts, grants, or cooperative agreements, as the case may be, without penalty if credible indicators of public corruption are discovered; (B) the inclusion of appropriate clawback or flowdown clauses within the procurement instruments of the Department of State and the United States Agency for International Development that provide for the recovery of funds misappropriated through corruption; (C) the appropriate disclosure to the United States Government, in confidential form, if necessary, of the beneficial ownership of contractors, subcontractors, grantees, cooperative agreement participants, and other organizations implementing programs on behalf of the Department of State or the United States Agency for International Development; and (D) the establishment of mechanisms for investigating allegations of misappropriated resources and equipment. SEC. 4. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT. (a) In General.--The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified under paragraphs (2) and (3) of section 2(b), or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the Chief of Mission or the Chief of Mission's designee. (b) Responsibilities.--Each anti-corruption point of contact designated under subsection (a) shall be responsible for coordinating and overseeing the implementation of a whole-of-government approach among the relevant Federal departments and agencies operating programs that-- (1) promote good governance in foreign countries; and (2) enhance the ability of such countries-- (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training.--The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a). SEC. 5. DEFINITIONS. In this Act: (1) Corrupt actor.--The term ``corrupt actor'' means-- (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of public corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of public corruption. (2) Foreign assistance.--The term ``foreign assistance'' means assistance made available under-- (A) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or (B) the Arms Export Control Act (22 U.S.C. 2751 et seq.). (3) Grand corruption.--The term ``grand corruption'' means public corruption committed at a high level of government that-- (A) distorts policies or the central functioning of the country; and (B) enables leaders to benefit at the expense of the public good. (4) Petty corruption.--The term ``petty corruption'' means the unlawful exercise of entrusted public power for private gain by low- or mid-level public officials in their interactions with ordinary citizens, including by bribery, nepotism, fraud, or embezzlement. (5) Public corruption.--The term ``public corruption'' means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement. ____________________
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