[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[Senate]
[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.

                          ____________________