116 S2067 IS: Affordable Health Care for Children with Disabilities Act
U.S. Senate
2019-07-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2067
		IN THE SENATE OF THE UNITED STATES

			July 10, 2019
			Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XIX of the Social Security Act to encourage States to disregard parental income and
			 assets when
			 determining Medicaid eligibility for disabled children.

		1.Short title
 This Act may be cited as the Affordable Health Care for Children with Disabilities Act.
		2.Encouraging States to disregard parental income and assets when determining Medicaid eligibility
			 for disabled
			 children
 (a)In generalSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— (1)in subsection (b), by striking and (aa) and inserting (aa), and (ff); and
 (2)by adding at the end the following new subsection:  (ff)Increased FMAP for medical assistance for certain disabled children (1)In generalNotwithstanding subsection (b), if a State elects to make medical assistance available to all individuals described in paragraph (2), the Federal medical assistance percentage for the State with respect to amounts expended by such State for medical assistance furnished to such individuals on or after January 1, 2020, shall be equal to 90 percent.
 (2)Individuals describedAn individual described in this paragraph is an individual who— (A)is 18 years of age or younger;
 (B)who would be eligible for benefits under the supplemental security income program under title XVI on the basis of being blind (as determined under section 1614(a)(2)) or disabled (as determined under section 1614(a)(3)(C)) but for the fact that the individual's income or resources do not meet the requirements of such program;
 (C)whose income (as determined under section 1612, except as provided in paragraph (3)) does not exceed an income level established by the State consistent with section 1902(m)(2)(A); and
 (D)whose resources (as determined under section 1613, except as provided in paragraph (3)) do not exceed the maximum amount of resources that an individual may have and obtain benefits under that program.
 (3)Income and resource eligibility determination methodologyIn determining whether an individual's income or resources do not exceed the income level established by the State under subparagraph (C) of paragraph (2) or the maximum amount of resources described in subparagraph (D) of such paragraph, the State shall disregard the income and resources of any parent or guardian of the individual and shall treat the individual as a family of one.
 (4)No waiting listsThe increased Federal medical assistance percentage available under paragraph (1) shall not apply to a State if the State limits the acceptance of applications from individuals described in paragraph (2) or imposes any numerical limitation, waiting list, or similar limitation on the eligibility of such individuals for medical assistance..
 (b)Disregard of limits on payments to territoriesSection 1108(g)(4) of the Social Security Act (42 U.S.C. 1308(g)(4)) is amended— (1)by striking With respect to fiscal years beginning with fiscal year 2009, and inserting the following:

 (A)In generalWith respect to fiscal years beginning with fiscal year 2009,; and (2)by adding at the end the following:

 (B)Other expendituresThe amounts received by a commonwealth or territory for a calendar quarter of a fiscal year that are attributable to the application of section 1905(ff) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and (5) of this subsection) to such commonwealth or territory for such fiscal year..


		II
		112th CONGRESS
		1st Session
		S. 1544
		IN THE SENATE OF THE UNITED STATES

			September 12, 2011
			Mr. Tester (for himself
			 and Mr. Toomey) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend the Securities Act of 1933 to
		  require the Securities and Exchange Commission to exempt a certain class of
		  securities from such Act.

		1.Short titleThis Act may be cited as the
			 Small Company Capital Formation Act of
			 2011.
		2.Authority to exempt
			 certain securities
			(a)In
			 generalSection 3(b) of the
			 Securities Act of 1933 (15 U.S.C. 77c(b)) is amended—
				(1)by striking
			 (b) The Commission and inserting the following:

						(b)Additional
				exemptions
							(1)Small issues
				exemptive authorityThe
				Commission
							;
				and
				(2)by adding at the
			 end the following:

						(2)Additional
				issuesThe Commission shall
				by rule or regulation add a class of securities to the securities exempted
				pursuant to this section in accordance with the following terms and
				conditions:
							(A)The aggregate offering amount of all
				securities offered and sold within the prior 12-month period in reliance on the
				exemption added in accordance with this paragraph shall not exceed
				$50,000,000.
							(B)The securities may
				be offered and sold publicly.
							(C)The securities
				shall not be restricted securities within the meaning of the Federal securities
				laws and the regulations promulgated thereunder.
							(D)The civil liability provision in section
				12(a)(2) shall apply to any person offering or selling such securities.
							(E)The issuer may
				solicit interest in the offering prior to filing any offering statement, on
				such terms and conditions as the Commission may prescribe in the public
				interest or for the protection of investors.
							(F)The Commission
				shall require the issuer to file audited financial statements with the
				Commission annually.
							(G)Such other terms,
				conditions, or requirements as the Commission may determine necessary in the
				public interest and for the protection of investors, which may include—
								(i)a
				requirement that the issuer prepare and electronically file with the Commission
				and distribute to prospective investors an offering statement, and any related
				documents, in such form and with such content as prescribed by the Commission,
				including audited financial statements and a description of the issuer’s
				business operations, its financial condition, its corporate governance
				principles, its use of investor funds, and other appropriate matters;
				and
								(ii)disqualification
				provisions under which the exemption shall not be available to the issuer or
				its predecessors, affiliates, officers, directors, underwriters, or other
				related persons, which shall be substantially similar to the disqualification
				provisions contained in the regulations adopted in accordance with section 926
				of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 77d
				note).
								(3)LimitationOnly the following types of securities may
				be exempted under a rule or regulation adopted pursuant to paragraph (2):
				equity securities, debt securities, and debt securities convertible or
				exchangeable to equity interests, including any guarantees of such
				securities.
						(4)Periodic
				disclosuresUpon such terms
				and conditions as the Commission determines necessary in the public interest
				and for the protection of investors, the Commission by rule or regulation may
				require an issuer of a class of securities exempted under paragraph (2) to make
				available to investors and file with the Commission periodic disclosures
				regarding the issuer, its business operations, its financial condition, its
				corporate governance principles, its use of investor funds, and other
				appropriate matters, and also may provide for the suspension and termination of
				such a requirement with respect to that issuer.
						(5)AdjustmentNot
				later than 2 years after the date of enactment of the Small Company Capital
				Formation Act of 2011 and every 2 years thereafter, the Commission shall review
				the offering amount limitation described in paragraph (2)(A) and shall increase
				such amount as the Commission determines appropriate. If the Commission
				determines not to increase such amount, it shall report to the Committee on
				Financial Services of the House of Representatives and the Committee on
				Banking, Housing, and Urban Affairs of the Senate on its reasons for not
				increasing the
				amount.
						.
				(b)Treatment as
			 covered securities for purposes of NSMIASection 18(b)(4) of the
			 Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended—
				(1)in subparagraph
			 (C), by striking ; or at the end and inserting a semicolon;
			 and
				(2)by redesignating
			 subparagraph (D) as subparagraph (E), and inserting after subparagraph (C) the
			 following:

						(D)a rule or regulation adopted pursuant to
				section 3(b)(2) and such security is—
							(i)offered or sold on a national securities
				exchange; or
							(ii)offered or sold
				to a qualified purchaser as defined by the Commission pursuant to paragraph (3)
				with respect to that purchase or
				sale.
							.
				(c)Conforming
			 amendmentSection 4(5) of the Securities Act of 1933 is amended
			 by striking section 3(b) and inserting section
			 3(b)(1).
			3.Study on the
			 impact of State blue sky laws on regulation a offeringsNot later than 3 months after the date of
			 enactment of this Act, the Comptroller General shall—
			(1)conduct a study on the impact of State laws
			 regulating securities offerings (commonly referred to as Blue Sky
			 laws) on offerings made under Regulation A (17 C.F.R. 230.251 et seq.);
			 and
			(2)transmit a report on the findings of the
			 study to the Committee on Financial Services of the House of Representatives
			 and the Committee on Banking, Housing, and Urban Affairs of the Senate.


109 HR 2077 IH: To suspend temporarily the duty on Garenoxacin mesylate.
U.S. House of Representatives
2005-05-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2077
IN THE HOUSE OF REPRESENTATIVES

May 4, 2005
Mr. Brady of Texas introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Garenoxacin mesylate.

1.Garenoxacin mesylate
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.04.811-cyclopropyl-8-(difluoromethoxy)-7-[(1R)-1-methyl-2,3-dihydro-1H-5-isoindolyl]-4-oxo-1,4-dihydroquinoline-3-carboxylic acid monomethanesulfonate monohydrate (CAS No. 223652-90-2) (provided for in subheading 2933.49.26)FreeNo changeNo changeOn or before 12/31/2008 .
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


116 HR 2985 IH: To amend the Internal Revenue Code of 1986 to clarify that payment of taxes on deferred foreign income in installments shall not prevent credit or refund of overpayments or increase estimated taxes.
U.S. House of Representatives
2019-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2985IN THE HOUSE OF REPRESENTATIVESMay 23, 2019Mr. Estes (for himself and Mr. Schneider) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to clarify that payment of taxes on deferred foreign
			 income in installments shall not prevent credit or refund of overpayments
			 or increase estimated taxes.

		1.Installments not to prevent credit or refund of overpayments or increase estimated taxes
 (a)In generalSection 965(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

 (7)Installments not to prevent credit or refund of overpayments or increase estimated taxesIf an election is made under paragraph (1) to pay the net tax liability under this section in installments—
 (A)no installment of such net tax liability shall— (i)in the case of a request for credit or refund, be taken into account as a liability for purposes of determining whether an overpayment exists for purposes of section 6402 before the date on which such installment is due, or
 (ii)for purposes of sections 6425, 6654, and 6655, be treated as a tax imposed by section 1, section 11, or subchapter L of chapter 1, and
 (B)the first sentence of section 6403 shall not apply with respect to any such installment.. (b)Limitation on payment of interestIn the case of the portion of any overpayment which exists by reason of the application of section 965(h)(7) of the Internal Revenue Code of 1986 (as added by this section)—
 (1)if credit or refund of such portion is made on or before the date which is 45 days after the date of the enactment of this Act, no interest shall be allowed or paid under section 6611 of such Code with respect to such portion; and
 (2)if credit or refund of such portion is made after the date which is 45 days after the date of the enactment of this Act, no interest shall be allowed or paid under section 6611 of such Code with respect to such portion for any period before the date of the enactment of this Act.
 (c)Effective dateThe amendment made by subsection (a) shall take effect as if included in section 14103 of Public Law 115–97.


		 I
		111th CONGRESS
		1st Session
		H. R. 3616
		IN THE HOUSE OF REPRESENTATIVES

			September 22, 2009
			Ms. Fallin introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To expedite the exploration and development of oil and
		  gas from Federal lands, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Federal Exploration and Production
			 Reform Act of 2009.
		2.Review of Outer
			 Continental Shelf exploration plansSubsections (c) and (d) of section 11 of the
			 Outer Continental Shelf Lands Act (43 U.S.C. 1340) are amended to read as
			 follows:

				(c)Plan review;
				plan provisions
					(1)Except as
				otherwise provided in this Act, prior to commencing exploration pursuant to any
				oil and gas lease issued or maintained under this Act, the holder thereof shall
				submit an exploration plan (hereinafter in this section referred to as a
				plan) to the Secretary for review which shall include all
				information and documentation required under paragraphs (2) and (3). The
				Secretary shall review the plan for completeness within 10 days of submission.
				If the Secretary finds that the plan is not complete, the Secretary shall
				notify the lessee with a detailed explanation and require such modifications of
				such plan as are necessary to achieve completeness. The Secretary shall have 10
				days to review a modified plan for completeness. Such plan may apply to more
				than one lease held by a lessee in any one region of the outer Continental
				Shelf, or by a group of lessees acting under a unitization, pooling, or
				drilling agreement, and the lessee shall certify that such plan is consistent
				with the terms of the lease and is consistent with all statutory and regulatory
				requirements in effect on the date of issuance of the lease, and any
				regulations promulgated under this Act to the conservation of resources after
				the date of the lease issuances. The Secretary shall have 30 days from the date
				the plan is deemed complete to conduct a review of the plan. If the Secretary
				finds the plan is not consistent with the lease and all such statutory and
				regulatory requirements, the Secretary shall notify the lessee with a detailed
				explanation of such modifications of such plan as are necessary to achieve
				compliance. The Secretary shall have 30 days to review any modified plan
				submitted by the lessee. The lessee shall not take any action under the
				exploration plan within the 30-day review period, or thereafter until the plan
				has been modified to achieve compliance as so notified.
					(2)An exploration
				plan submitted under this subsection shall include, in the degree of detail
				which the Secretary may by regulation require—
						(A)a schedule of
				anticipated exploration activities to be undertaken;
						(B)a description of
				equipment to be used for such activities;
						(C)the general
				location of each well to be drilled; and
						(D)such other
				information deemed pertinent by the Secretary.
						(3)The Secretary may,
				by regulation, require that such plan be accompanied by a general statement of
				development and production intentions which shall be for planning purposes only
				and which shall not be binding on any party.
					(d)Plan revisions;
				conduct of exploration activities
					(1)If a significant
				revision of an exploration plan under this subsection is submitted to the
				Secretary, the process to be used for the review of such revision shall be the
				same as set forth in subsection (c) of this section.
					(2)All exploration
				activities pursuant to any lease shall be conducted in accordance with an
				exploration plan or a revised plan which has been submitted to and reviewed by
				the
				Secretary.
					.
		3.Review of Outer
			 Continental Shelf development and production plansSection
			 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351(a)) is amended to
			 read as follows:

				25.Review of Outer
				Continental Shelf development and production plans
					(a)Development and
				production plans; submission to Secretary; statement of facilities and
				operation; submission to Governors of affected States and local
				governments
						(1)Prior to
				development and production pursuant to an oil and gas lease issued on or after
				September 18, 1978, for any area of the outer Continental Shelf, or issued or
				maintained prior to September 18, 1978, for any area of the outer Continental
				Shelf, with respect to which no oil or gas has been discovered in paying
				quantities prior to September 18, 1978, the lessee shall submit a development
				and production plan (hereinafter in this section referred to as a
				plan) to the Secretary for review.
						(2)A plan shall be
				accompanied by a statement describing all facilities and operations, other than
				those on the outer Continental Shelf, proposed by the lessee and known by the
				lessee (whether or not owned or operated by such lessee) that will be
				constructed or utilized in the development and production of oil or gas from
				the lease area, including the location and site of such facilities and
				operations, the land, labor, material, and energy requirements associated with
				such facilities and operations, and all environmental and safety safeguards to
				be implemented.
						(3)Except for any
				privileged or proprietary information (as such term is defined in regulations
				issued by the Secretary), the Secretary, within 30 days after receipt of a plan
				and statement, shall—
							(A)submit such plan
				and statement to the Governor of any affected State, and upon request to the
				executive of any affected local government; and
							(B)make such plan and
				statement available to any appropriate interstate regional entity and the
				public.
							(b)Development and
				production activities in accordance with plan as lease
				requirementAfter enactment of the Federal Exploration and
				Production Reform Act of 2008, no oil and gas lease may be issued pursuant to
				this Act in any region of the outer Continental Shelf, unless such lease
				requires that development and production activities be carried out in
				accordance with a plan that complies with the requirements of this section.
				This section shall also apply to leases that do not have an approved
				development and production plan as of the date of enactment of the Federal
				Exploration and Production Reform Act of 2008.
					(c)Scope and
				Contents of PlanA plan may apply to more than one oil and gas
				lease, and shall set forth, in the degree of detail established by regulations
				issued by the Secretary—
						(1)the general work
				to be performed;
						(2)a description of
				all facilities and operations located on the outer Continental Shelf that are
				proposed by the lessee or known by the lessee (whether or not owned or operated
				by such lessee) to be directly related to the proposed development, including
				the location and size of such facilities and operations, and the land, labor,
				material, and energy requirements associated with such facilities and
				operations;
						(3)the environmental
				safeguards to be implemented on the outer Continental Shelf and how such
				safeguards are to be implemented;
						(4)all safety
				standards to be met and how such standards are to be met;
						(5)an expected rate
				of development and production and a time schedule for performance; and
						(6)such other
				relevant information as the Secretary may by regulation require.
						(d)Completeness
				review of the plan
						(1)Prior to
				commencing any activity under a development and production plan pursuant to any
				oil and gas lease issued or maintained under this Act, the lessee shall certify
				that the plan is consistent with the terms of the lease and that it is
				consistent with all statutory and regulatory requirements in effect on the date
				of issuance of the lease, and any regulations promulgated under this Act
				related to the conservation of resources after the date of lease issuance. The
				plan shall include all required information and documentation required under
				subsection (c).
						(2)The Secretary
				shall review the plan for completeness within 30 days of submission. If the
				Secretary finds that the plan is not complete, the Secretary shall notify the
				lessee with a detailed explanation of such modifications of such plan as are
				necessary to achieve completeness. The Secretary shall have 30 days to review a
				modified plan for completeness.
						(e)Review for
				consistency of the plan
						(1)After a
				determination that a plan is complete, the Secretary shall have 120 days to
				conduct a review of the plan, to ensure that it is consistent with the terms of
				the lease, and that it is consistent with all such statutory and regulatory
				requirements applicable to the lease. The review shall ensure that the plan is
				consistent with lease terms, and statutory and regulatory requirements
				applicable to the lease, related to national security or national defense,
				including any military operating stipulations or other restrictions. The
				Secretary shall seek the assistance of the Department of Defense in the conduct
				of the review of any plan prepared under this section for a lease containing
				military operating stipulations or other restrictions and shall accept the
				assistance of the Department of Defense in the conduct of the review of any
				plan prepared under this section for any other lease when the Secretary of
				Defense requests an opportunity to participate in the review. If the Secretary
				finds that the plan is not consistent, the Secretary shall notify the lessee
				with a detailed explanation of such modifications of such plan as are necessary
				to achieve consistency.
						(2)The Secretary
				shall have 120 days to review a modified plan.
						(3)The lessee shall
				not conduct any activities under the plan during any 120-day review period, or
				thereafter until the plan has been modified to achieve compliance as so
				notified.
						(4)After review by
				the Secretary provided for by this section, a lessee may operate pursuant to
				the plan without further review or approval by the Secretary.
						(f)Review of
				revision of the approved planThe lessee may submit to the
				Secretary any revision of a plan if the lessee determines that such revision
				will lead to greater recovery of oil and natural gas, improve the efficiency,
				safety, and environmental protection of the recovery operation, is the only
				means available to avoid substantial economic hardship to the lessee, or is
				otherwise not inconsistent with the provisions of this Act, to the extent such
				revision is consistent with protection of the human, marine, and coastal
				environments. The process to be used for the review of any such revision shall
				be the same as that set forth in subsections (d) and (e).
					(g)Cancellation of
				lease on failure To submit plan or comply with a planWhenever
				the owner of any lease fails to submit a plan in accordance with regulations
				issued under this section, or fails to comply with a plan, the lease may be
				canceled in accordance with sections 5(c) and (d). Termination of a lease
				because of failure to comply with a plan, including required modifications or
				revisions, shall not entitle a lessee to any compensation.
					(h)Production and
				transportation of natural gas; submission of plan to federal energy regulatory
				commission; impact statementIf any development and production
				plan submitted to the Secretary pursuant to this section provides for the
				production and transportation of natural gas, the lessee shall
				contemporaneously submit to the Federal Energy Regulatory Commission that
				portion of such plan that relates to the facilities for transportation of
				natural gas. The Secretary and the Federal Energy Regulatory Commission shall
				agree as to which of them shall prepare an environmental impact statement
				pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
				seq.) applicable to such portion of such plan, or conduct studies as to the
				effect on the environment of implementing it. Thereafter, the findings and
				recommendations by the agency preparing such environmental impact statement or
				conducting such studies pursuant to such agreement shall be adopted by the
				other agency, and such other agency shall not independently prepare another
				environmental impact statement or duplicate such studies with respect to such
				portion of such plan, but the Federal Energy Regulatory Commission, in
				connection with its review of an application for a certificate of public
				convenience and necessity applicable to such transportation facilities pursuant
				to section 7 of the Natural Gas Act (15 U.S.C. 717f), may prepare such
				environmental studies or statement relevant to certification of such
				transportation facilities as have not been covered by an environmental impact
				statement or studies prepared by the Secretary. The Secretary, in consultation
				with the Federal Energy Regulatory Commission, shall promulgate rules to
				implement this subsection, but the Federal Energy Regulatory Commission shall
				retain sole authority with respect to rules and procedures applicable to the
				filing of any application with the Commission and to all aspects of the
				Commission's review of, and action on, any such
				application.
					.
		4.Regulation of
			 onshore surface-disturbing activities
			(a)Section 17(g) of
			 the Mineral Leasing Act (30 U.S.C. 226(g)) is amended to read as
			 follows:

					(g)Regulation of
				surface-Disturbing activities
						(1)Regulation of
				surface-disturbing activitiesThe Secretary of the Interior, or
				for National Forest lands, the Secretary of Agriculture, shall regulate all
				surface-disturbing activities conducted pursuant to any lease issued under this
				Act, and shall determine reclamation and other actions as required in the
				interest of conservation of surface resources.
						(2)Submission of
				exploration plan; completion review; compliance review
							(A)Prior to beginning
				oil and gas exploration activities, a lessee shall submit an exploration plan
				to the Secretary of the Interior for review.
							(B)The Secretary
				shall review the plan for completeness within 10 days of submission.
							(C)In the event the
				exploration plan is determined to be incomplete, the Secretary shall notify the
				lessee in writing and specify the items or information needed to complete the
				exploration plan.
							(D)The Secretary
				shall have 10 days to review any modified exploration plan submitted by the
				lessee.
							(E)To be deemed
				complete, an exploration plan shall include, in the degree of detail to be
				determined by the Secretary by rule or regulation—
								(i)a
				drilling plan containing a description of the drilling program;
								(ii)the surface and
				projected completion zone location;
								(iii)pertinent
				geologic data;
								(iv)expected hazards,
				and proposed mitigation measures to address such hazards;
								(v)a
				schedule of anticipated exploration activities to be undertaken;
								(vi)a
				description of equipment to be used for such activities;
								(vii)a certification
				from the lessee stating that the exploration plan complies with all lease,
				regulatory and statutory requirements in effect on the date of the issuance of
				the lease and any regulations promulgated after the date of lease issuance
				related to the conservation of resources;
								(viii)evidence that
				the lessee has secured an adequate bond, surety, or other financial arrangement
				prior to commencement of any surface-disturbing activity;
								(ix)a
				plan that details the complete and timely reclamation of the lease tract;
				and
								(x)such other
				relevant information as the Secretary may by regulation require.
								(F)Upon a
				determination that the exploration plan is complete, the Secretary shall have
				30 days from the date the plan is deemed complete to conduct a review of the
				plan.
							(G)If the Secretary
				finds the exploration plan is not consistent with all statutory and regulatory
				requirements described in subparagraph (E)(vii), the Secretary shall notify the
				lessee with a detailed explanation of such modifications of the exploration
				plan as are necessary to achieve compliance.
							(H)The lessee shall
				not take any action under the exploration plan within a 30-day review period,
				or thereafter until the plan has been modified to achieve compliance as so
				notified.
							(I)After review by
				the Secretary provided by this subsection, a lessee may operate pursuant to the
				plan without further review or approval by the Secretary.
							(3)Plan revisions;
				conduct of exploration activities
							(A)If a significant
				revision of an exploration plan under this subsection is submitted to the
				Secretary, the process to be used for the review of such revision shall be the
				same as set forth in paragraph (1) of this subsection.
							(B)All exploration
				activities pursuant to any lease shall be conducted in accordance with an
				exploration plan that has been submitted to and reviewed by the Secretary or a
				revision of such plan.
							(4)Submission of
				development and production plan; completeness review; compliance
				review
							(A)Prior to beginning
				oil and gas development and production activities, a lessee shall submit a
				development and exploration plan to the Secretary of the Interior. Upon
				submission, such plans shall be subject to a review for completeness.
							(B)The Secretary shall
				review the plan for completeness within 30 days of submission.
							(C)In the event a
				development and production plan is determined to be incomplete, the Secretary
				shall notify the lessee in writing and specify the items or information needed
				to complete the plan.
							(D)The Secretary shall
				have 30 days to review for completeness any modified development and production
				plan submitted by the lessee.
							(E)To be deemed
				complete, a development and production plan shall include, in the degree of
				detail to be determined by the Secretary by rule or regulation—
								(i)a
				drilling plan containing a description of the drilling program;
								(ii)the surface and
				projected completion zone location;
								(iii)pertinent
				geologic data;
								(iv)expected hazards,
				and proposed mitigation measures to address such hazards;
								(v)a
				statement describing all facilities and operations proposed by the lessee and
				known by the lessee (whether or not owned or operated by such lessee) that
				shall be constructed or utilized in the development and production of oil or
				gas from the leases areas, including the location and site of such facilities
				and operations, the land, labor, material, and energy requirements associated
				with such facilities and operations;
								(vi)the general work
				to be performed;
								(vii)the
				environmental safeguards to be implemented in connection with the development
				and production and how such safeguards are to be implemented;
								(viii)all safety
				standards to be met and how such standards are to be met;
								(ix)an expected rate
				of development and production and a time schedule for performance;
								(x)a
				certification from the lessee stating that the development and production plan
				complies with all lease, regulatory, and statutory requirements in effect on
				the date of issuance of the lease, and any regulations promulgated after the
				date of lease issuance related to the conservation of resources;
								(xi)evidence that the
				lessee has secured an adequate bond, surety, or other financial arrangement
				prior to commencement of any surface-disturbing activity;
								(xii)a plan that
				details the complete and timely reclamation of the lease tract; and
								(xiii)such other
				relevant information as the Secretary may by regulation require.
								(F)Upon a
				determination that the development and production plan is complete, the
				Secretary shall have 120 days from the date the plan is deemed complete to
				conduct a review of the plan.
							(G)If the Secretary
				finds the development and production plan is not consistent with all statutory
				and regulatory requirements described in subparagraph (E)(x), the Secretary
				shall notify the lessee with a detailed explanation of such modifications of
				the development and production plan as are necessary to achieve
				compliance.
							(H)The lessee shall
				not take any action under the development and production plan within a 120-day
				review period, or thereafter until the plan has been modified to achieve
				compliance as so notified.
							(5)Plan revisions;
				conduct of development and production activities
							(A)If a significant
				revision of a development and production plan under this subsection is
				submitted to the Secretary, the process to be used for the review of such
				revision shall be the same as set forth in paragraph (4) of this
				subsection.
							(B)All development
				and production activities pursuant to any lease shall be conducted in
				accordance with a development and production plan that has been submitted to
				and reviewed by the Secretary or a revision of such plan.
							(6)Cancellation of
				lease on failure to submit plan or comply with approved
				planWhenever the owner of any lease fails to submit a plan in
				accordance with regulations issued under this section, or fails to comply with
				a plan, the lease may be canceled in accordance with section 31. Termination of
				a lease because of failure to comply with a plan, including required
				modifications or revisions, shall not entitle a lessee to any
				compensation.
						.
			(b)Section 17(p) of
			 the Mineral Leasing Act (30 U.S.C. 226(p)) is repealed.


		II
		111th CONGRESS
		1st Session
		S. 1827
		IN THE SENATE OF THE UNITED STATES

			October 21, 2009
			Mr. Baucus introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain polyresin
		  magnets.

		1.Polyresin magnets
			(a)In
			 generalSubchapter II of
			 chapter 99 of the Harmonized Tariff Schedule of the United States is amended by
			 inserting in numerical sequence the following new heading:

								9902.01.00Polyresin magnets, not festive (provided for in subheading
						8505.19.30)FreeNo changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


110 HR 3817 IH: Agricultural Bond Improvement Act of

U.S. House of Representatives
2007-10-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3817
		IN THE HOUSE OF REPRESENTATIVES

			October 10, 2007
			Mr. Pomeroy (for
			 himself, Mr. King of Iowa,
			 Mr. Boswell, and
			 Mr. Hulshof) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to make
		  improvements to assist young farmers and ranchers.

		1.Short titleThis Act may be cited as the
			 Agricultural Bond Improvement Act of
			 2007.
		2.Exemption of
			 agricultural bonds from private activity bond volume limits
			(a)In
			 generalSection 146(g) of the Internal Revenue Code of 1986
			 (relating to exception for certain bonds) is amended by striking
			 and at the end of paragraph (3), by striking the period at the
			 end of paragraph (4) and inserting , and, and by inserting after
			 paragraph (4) the following new paragraph:

					(5)any qualified
				small issue bond described in section
				144(a)(12)(B)(ii).
					.
			(b)Effective
			 dateThe amendments made by this section shall apply to bonds
			 issued after the date of the enactment of this Act.
			3.Increase in loan
			 limits on agricultural bonds
			(a)In
			 generalSubparagraph (A) of section 147(c)(2) of the Internal
			 Revenue Code of 1986 (relating to general rule for exception for first-time
			 farmers) is amended to read as follows:

					(A)In
				general
						(i)If
				the requirements of subparagraph (B) are met with respect to any land,
				paragraph (1) shall not apply to such land, and subsection (d) shall not apply
				to property to be used thereon for farming purposes, but only to the extent of
				expenditures (financed with the proceeds of the issue) not in excess of
				$450,000.
						(ii)In the case of
				any calendar year after 2007, the $450,000 amount contained in clause (i) shall
				be increased by an amount equal to such dollar amount multiplied by the
				inflation percentage determined under section 305(c) of the Consolidated Farm
				and Rural Development Act (7 U.S.C. 1925(c)) for the calendar year, determined
				by substituting calendar year for fiscal year
				each place it appears and by substituting 2006 for
				1996 in paragraph (2) thereof. Any increase determined under
				this clause shall be rounded to the nearest multiple of
				$100.
						.
			(b)Conforming
			 amendmentSection 147(c)(2)(C)(i)(II) of such Code is amended by
			 striking $250,000 and inserting the amount in effect
			 under subparagraph (A)(i).
			(c)Effective
			 dateThe amendment made by this section shall apply to bonds
			 issued after the date of the enactment of this Act.
			4.Repeal of dollar
			 amount in definition of substantial farmland
			(a)In
			 generalSubparagraph (E) of section 147(c)(2) of the Internal
			 Revenue Code of 1986 (defining substantial farmland) is amended to read as
			 follows:

					(E)Substantial
				farmlandFor purposes of this paragraph, the term
				substantial farmland means any parcel of land unless such parcel
				is smaller than 30 percent of the average size of a farm in the county in which
				such parcel is
				located.
					.
			(b)Effective
			 dateThe amendment made by this section shall apply to bonds
			 issued after the date of the enactment of this Act.


114 HR 2861 IH: Veteran Employment Transition Act
U.S. House of Representatives
2015-06-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2861
		IN THE HOUSE OF REPRESENTATIVES

			June 23, 2015
			Mr. Peters (for himself, Mr. Ashford, Mr. Van Hollen, Mr. Rush, Mr. Hastings, Mr. Takano, Mr. Jones, Ms. Norton, Ms. Hahn, Ms. Frankel of Florida, Mr. Kilmer, Ms. Bass, Mr. Heck of Washington, and Ms. McCollum) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Armed Services, Small Business, Education and the Workforce, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend the Internal Revenue Code of 1986 to extend the work opportunity credit to certain
			 recently discharged veterans, to improve the coordination of veteran job
			 training services between the Department of Labor, the Department of
			 Veteran Affairs, and the Department of Defense, to require transparency
			 for Executive departments in meeting the Government-wide goals for
			 contracting with small business concerns owned and controlled by
			 service-disabled veterans, and for other purposes.

 1.Short titleThis Act may be cited as the Veteran Employment Transition Act. IWork opportunity credit for recently discharged veterans 101.Work opportunity credit for certain recently discharged veterans (a)In generalSubparagraph (A) of section 51(d)(3) of the Internal Revenue Code of 1986 is amended by striking means any veteran who is and inserting means any recently discharged veteran, or any veteran if such veteran is.
 (b)Recently discharged veteranParagraph (3) of section 51(d) of the Internal Revenue Code of 1986 is amended— (1)by redesignating subparagraph (C) as subparagraph (D), and
 (2)by inserting after subparagraph (B) the following new subparagraph:  (C)Recently discharged veteranFor purposes of subparagraph (A), the term recently discharged veteran means—
 (i)any individual who is described in clause (i) of subparagraph (B) (without regard to certification), and
 (ii)any member of the National Guard who has served for more than 180 consecutive days of— (I)active duty (within the meaning of title 32, United States Code) other than for training,
 (II)full-time National Guard duty (within the meaning of such title 32) other than for training, (III)duty, other than inactive duty or duty for training, in State status (within the meaning of such title 32), or
 (IV)any combination of duty described in subclause (I), (II), or (III), who has been discharged or released from duty meeting such requirements at any time during the 5-year period ending on the hiring date. Such term shall not include any veteran who begins work for the employer before the date of the enactment of the Veteran Employment Transition Act.. (c)Conforming amendmentsSection 51(d) of the Internal Revenue Code of 1986 is amended—
 (1)by adding at the end of paragraph (13) the following new subparagraph:  (E)Pre-screening of recently discharged veterans (i)In generalFor purposes of subparagraph (A), the term pre-screening notice shall include any documentation provided to an individual by the Department of Defense or the National Guard upon release or discharge from the Armed Forces or from service in the National Guard which includes information sufficient to establish that such individual satisfies the requirements of paragraph (3)(C).
 (ii)Additional certification not requiredSubparagraph (A) shall be applied without regard to clause (ii)(II) thereof in the case of a recently discharged veteran who provides to the employer documentation described in clause (i)., and
 (2)by striking paragraph (14). (d)Effective datesThe amendments made by subsections (a), (b), and (c) shall apply to individuals whose hiring date (as defined in section 51(d)(11) of the Internal Revenue Code of 1986) is on or after the date of the enactment of this Act.
				(e)Department of Defense documentation
 (1)In generalThe Department of Defense and the National Guard, as applicable, shall provide— (A)to each individual who is discharged or released from active duty in the Armed Forces of the United States on or after the date of the enactment of this Act; and
 (B)to each member of the National Guard who is released from duty described in section 51(d)(3)(C)(ii) of the Internal Revenue Code of 1986 (as added by this Act) on or after the date of the enactment of this Act;
						documentation described in paragraph (4) (in addition to the documentation which, without regard to
			 this subsection, is provided at the time of such discharge or release). If
			 the documentation which is provided without regard to this subsection at
			 the time of the discharge or release described in the preceding sentence
			 does not include information sufficient to satisfy the requirements of
			 section 51(d)(13)(E)(i) of the Internal Revenue Code of 1986 (as added by
			 this Act), the Department of Defense or the National Guard, whichever is
			 applicable, shall provide additional documentation which includes such
 information.(2)Informational briefing as part of preseparation counselingIn the case of an individual who is discharged or released from duty described in subparagraph (A) or (B) of paragraph (1) after the date of the enactment of this Act, the Department of Defense or the National Guard, whichever is applicable, shall inform such individual, as a part of the individual preseparation counseling required by section 1142 of title 10, United States Code, of the credit for employment of recently discharged veterans under section 51 of the Internal Revenue Code of 1986.
 (3)Request for documentationThe Department of Defense or the National Guard, whichever is applicable, shall provide upon request the documentation required by paragraph (1) to any individual who is discharged or released from duty described in subparagraph (A) or (B) of such paragraph during the 5-year period preceding and including the date of the enactment of this Act.
 (4)Instructions for use of work opportunity creditThe documentation described in this paragraph is a document which includes— (A)instructions for an individual to ensure treatment as a recently discharged veteran for purposes of section 51(d)(3)(C) of the Internal Revenue Code of 1986 (as added by this Act),
 (B)instructions for employers detailing the use of the credit under such section 51 with respect to such individual, and
 (C)the dates during which the credit under such section 51 is available. Such instructions shall be developed in collaboration with the Internal Revenue Service.102.Work opportunity credit made permanent for veterans (a)In generalParagraph (4) of section 51(c) of the Internal Revenue Code of 1986 is amended to read as follows:

 (4)TerminationThe term wages shall not include any amount paid or incurred to any individual who— (A)is not a qualified veteran, and
 (B)begins work for the employer after December 31, 2014.. (b)Effective dateThe amendment made by subsection (a) applies to individuals who begin work for the employer after December 31, 2014.
				IIVeteran employment and training services
 201.DefinitionsIn this title: (1)Disabled veteranThe term disabled veteran has the meaning given the term in section 4211 of title 38, United States Code.
 (2)Economically and educationally disadvantaged veteranThe term economically and educationally disadvantaged veteran means such a veteran, within the meaning of chapter 41 of title 38, United States Code. (3)Rehabilitation planThe term rehabilitation plan means an individualized plan formulated for a veteran under section 3107 of title 38, United States Code, that has an employment objective.
 (4)VeteranThe term veteran has the meaning given the term in section 101 of title 38, United States Code. (5)Veteran job training programThe term veteran job training program means—
 (A)the Disabled Veterans' Outreach Program carried out under section 4103A of title 38, United States Code;
 (B)the Homeless Veterans Reintegration Program carried out under section 2021 of that title; (C)the Local Veterans' Employment Representative Program carried out under section 4104 of that title;
 (D)the Transition Assistance Program carried out under section 1144 of title 10, United States Code; (E)the Veterans Workforce Investment Program carried out under section 168 of the Workforce Investment Act of 1998 (29 U.S.C. 2913); and
 (F)the Vocational Rehabilitation & Employment Program carried out under chapter 31 of title 38, United States Code. (6)Veteran job training servicesThe term veteran job training services means the services provided under a veteran job training program.
				202.Coordination between Secretary of Labor, Secretary of Veterans Affairs, and Secretary of Defense on
 veteran job trainingNot later than 1 year after the date of enactment of this Act, the Secretary of Labor, the Secretary of Veterans Affairs, and the Secretary of Defense shall enter into an agreement, covering the 3 departments involved, to govern the coordination of veteran job training services.
			203.Implementation reports on veteran job training programs
 (a)Report requiredThe Secretary of Veterans Affairs and the Secretary of Labor shall prepare an initial and a final report on the veteran job training programs of the Department of Veterans Affairs and Department of Labor as described in this section.
 (b)Department of Veterans AffairsThe Secretary of Veterans Affairs shall include in each of the reports required by subsection (a), with regard to the Department of Veterans Affairs, information describing each of the following:
 (1)The actions taken by the Department to ensure that States receive sufficient guidance to comply with Federal laws regarding veteran job training programs.
 (2)The extent to which the Department reviewed and incorporated into its operations— (A)the employment related initiatives of the Yellow Ribbon Reintegration Program under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note); and
 (B)the conclusions of the Credentialing and Licensing Task Force of the Department of Defense. (3)The extent to which veterans’ employment outcomes result from participation in the Vocational Rehabilitation & Employment Program carried out under chapter 31 of title 38, United States Code, rather than from other factors.
 (4)Actions taken by the Department to ensure that veterans with a rehabilitation plan receive veteran job training services consistent with the rehabilitation plan.
 (5)Efforts taken by the Department to better serve veterans living in rural communities. (c)Department of LaborThe Secretary of Labor shall include in each of the reports required by subsection (a), with regard to the Department of Labor, information describing each of the following:
 (1)The matters referred to in paragraphs (1), (2), (3), and (5) of subsection (b). (2)The extent to which veterans’ employment outcomes result from participation in the veteran job training programs specified in subparagraphs (A) through (E) of section 201(5), rather than from other factors.
 (3)The actions taken by the Department to provide States with clear guidance for determining which veterans are classified as economically and educationally disadvantaged veterans, or in other categories of veterans.
 (4)The progress of the Department in clarifying its approach to determining which participants in the Disabled Veterans Outreach Program carried out under section 4103A of title 38, United States Code, shall receive intensive services (as defined in section 134(d)(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(3))).
 (5)How the Department reports on goals for performance, and actual performance, on performance standards or other measures, for each of its veterans job training programs, including an assessment of how to better monitor employment outcomes for disabled veterans.
 (d)Submission of reportsThe Secretary of Labor and the Secretary of Veterans Affairs shall submit to Congress— (1)not later than 1 year after the date of enactment of this Act, the initial report required by subsection (a); and
 (2)not later than 2 years after such date, the final report required by subsection (a). (e)Internet publication of Department of Labor data on performance goals and outcomesThe Secretary of Labor shall publish on a publicly accessible, user-friendly Internet website the goals and actual performance data described in subsection (c)(4).
				204.Expansion of pilot program on receipt of civilian credentialing for skills required for military
 occupational specialtiesSection 558(b)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2015 note) is amended by striking not less than three and inserting the MOS 31B Military Police, MOS 15Q AC–Air Traffic Controller, and MOS 12M Fire Protection military occupational specialties and not fewer than three and not more than five additional.
 205.Rule of constructionNothing in this title shall be construed to affect any other Federal law specifying a reporting requirement.
			IIIHonoring promises to service-disabled veterans
			301.Transparency in contracting goals for small business concerns owned and controlled by
 service-disabled veteransSection 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following:  (s)Transparency in contracting goals for small business concerns owned and controlled by service-Disabled veterans (1)DefinitionsIn this subsection—
 (A)the term covered contractor means a contractor that is required to submit a subcontracting plan under section 8(d) to an Executive department;
 (B)the term Executive department has the meaning given that term in section 101 of title 5, United States Code; and (C)the term physically completed has the meaning given that term in section 4.804–4 of the Federal Acquisition Regulation, or any successor thereto.
 (2)Reports to AdministratorNot later than 1 year after the date of enactment of this subsection, and annually thereafter, the head of each Executive department shall submit to the Administrator a report that contains—
 (A)the percentage of the total value of all prime contracts awarded by the Executive department to small business concerns owned and controlled by service-disabled veterans during the 1-year period ending on the date of the report;
 (B)the name of each covered contractor to which the Executive department awards a contract; (C)for each contract awarded to a covered contractor by the Executive department—
 (i)the percentage goal negotiated under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans; and
 (ii)if the contract is physically completed during the 1-year period ending on the date of the report, the percentage of the total value of subcontracts entered into by the covered contractor awarded to small business concerns owned and controlled by service-disabled veterans;
 (D)the weighted average percentage goal negotiated by each covered contractor under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans for all contracts awarded by the Executive department to the covered contractor;
 (E)for all contracts awarded to covered contractors by the Executive department that are physically completed during the 1-year period ending on the date of the report, the percentage of the total value of all subcontracts awarded by covered contractors that were awarded to small business concerns owned and controlled by service-disabled veterans; and
 (F)the dollar amount by which the Executive department exceeded or failed to meet the Government-wide goals under subsection (g) for prime contracts and subcontracts awarded to small business concerns owned and controlled by service-disabled veterans.
 (3)RankingsFor the first full fiscal year following the date of enactment of this subsection, and each fiscal year thereafter, the Administrator shall rank—
 (A)the Executive departments, based on— (i)the percentage of the total value of prime contracts awarded by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and
 (ii)the percentage of the total value of subcontracts awarded by covered contractors that are awarded contracts by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and
 (B)covered contractors, based on the percentage of the total value of subcontracts awarded by the covered contractors to small business concerns owned and controlled by service-disabled veterans.
							(4)Publication
 (A)WebsiteExcept as provided in subparagraph (B), the Administrator shall publish on a website accessible to the public a user-friendly, electronically searchable report containing—
 (i)the information submitted to the Administrator under paragraph (2); and (ii)the rankings made by the Administrator under paragraph (3).
 (B)Exception for national securityIf the head of an Executive department determines that publication of information contained in a report submitted under paragraph (2) would be detrimental to national security, the Administrator shall not publish the information on the website described in subparagraph (A).
 (C)UpdatingThe Administrator shall update the contents of the website described in subparagraph (A) not less frequently than annually.
							(5)Reports to Congress
 (A)Annual reportThe Administrator shall submit to Congress an annual report on the progress of each Executive department toward meeting the Government-wide goals for contracting and subcontracting established under subsection (g).
 (B)ContentsEach report under this paragraph shall include— (i)a statement of whether the website described in paragraph (4) contains the latest data reported to the Administrator by the Executive departments; and
 (ii)a recommendation of a prime contractor that should be recognized by Congress for outstanding progress in contracting with small business concerns owned and controlled by service-disabled veterans.
 (6)Rule of constructionNothing in this subsection may be construed to affect any other reporting requirement under Federal law..


114 S240 IS: Community Broadband Act of 2015
U.S. Senate
2015-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 240IN THE SENATE OF THE UNITED STATESJanuary 22, 2015Mr. Booker (for himself, Mr. Markey, and Mrs. McCaskill) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo promote competition, to preserve the ability of local governments to provide broadband
			 capability and services, and for other purposes.1.Short
 titleThis Act may be cited as the Community Broadband Act of 2015.2.DefinitionsIn this Act—(1)the term advanced telecommunications capability has the meaning given the term in section 706(d)(1) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(1));(2)the term advanced telecommunications capability or services means—(A)advanced telecommunications capability; or(B)services using advanced telecommunications capability;(3)the term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e));(4)the term public provider means—(A)a State or political subdivision thereof;(B)any agency, authority, or instrumentality of a State or political subdivision thereof;(C)an Indian tribe; or(D)any entity that is owned by, controlled by, or otherwise affiliated with—(i)a State or political subdivision thereof;(ii)an agency, authority, or instrumentality of a State or political subdivision thereof; or(iii)an Indian tribe; and(5)the term telecommunications service has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).3.Local government provision of telecommunications service and advanced telecommunications capability and servicesNo statute, regulation, or other legal requirement of a State or local government may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from providing telecommunications service or advanced telecommunications capability or services to any person or any public or private entity.4.Safeguards(a)AdministrationTo the extent any public provider regulates competing providers of telecommunications services or advanced telecommunications capability or services, the public provider shall apply its ordinances, rules, and policies, including those relating to the use of public rights-of-way, permitting, performance bonding, and reporting, without discrimination in favor of—(1)the public provider; or(2)any other provider of telecommunications service or advanced telecommunications capability or services that the public provider owns or with which the public provider is affiliated.(b)Application of
 general lawsNothing in this Act exempts a public provider that offers telecommunications service or advanced telecommunications capability or services to the public from any Federal communications law or regulation that applies to all providers of telecommunications services or advanced telecommunications capability or services to the public.5.Public-private
 partnerships encouragedEach public provider that intends to provide telecommunications service or advanced telecommunications capability or services to the public is encouraged to consider the potential benefits of a public-private partnership before providing the capability or services.6.Public
			 input and private sector opportunity to bid(a)Notice and
 Opportunity To Be HeardBefore a public provider may provide telecommunications service or advanced telecommunications capability or services to the public, either directly or through a public-private partnership, the public provider shall—(1)publish notice of its intention to do so;(2)generally describe the capability or services to be provided and the proposed coverage area for the capability or services;(3)identify any special capabilities or services to be provided in low-income areas or other demographically or geographically defined areas;(4)provide local citizens and private-sector entities with an opportunity to be heard on the costs and benefits of the project and potential alternatives to the project, including any bids under paragraph (5); and(5)provide private-sector entities with an opportunity to bid to provide the capability or services during the 30-day period beginning on the date on which the notice required under paragraph (1) is published.(b)Application to
 existing projects and pending proposalsSubsection (a) shall not apply to—(1)any contract or other arrangement under which a public provider is providing telecommunications service or advanced telecommunications capability or services to the public as of the date of enactment of this Act; or(2)any public provider proposal to provide telecommunications service or advanced telecommunications capability or services to the public that, as of the date of enactment of this Act—(A)is in the request-for-proposals process;(B)is in the process of being built; or(C)has been approved by referendum.7.ExemptionsThe requirements under sections 4 and 6 shall not apply—(1)when a public provider provides telecommunications service or advanced telecommunications capability or services other than to the public or to such classes of users as to make the capability or services effectively available to the public; or(2)during an emergency declared by the President, the Governor of the State in which the public provider is located, or any other elected local official authorized by law to declare a state of emergency in the jurisdiction in which the public provider is located.8.Use of Federal fundsIf any project providing telecommunications service or advanced telecommunications capability or services under this Act fails due to bankruptcy or is terminated by a public provider, no Federal funds may be provided to the public provider specifically to assist the public provider in reviving or renewing that project, unless the failure due to bankruptcy occurred in a jurisdiction that is subject to a declaration by the President of a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).


116 HR 2944 IH: Training Acquisition Leaders and Elevating New Talent Act of 2019
U.S. House of Representatives
2019-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2944IN THE HOUSE OF REPRESENTATIVESMay 23, 2019Mr. Cisneros introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to establish a public-private exchange program for the
			 acquisition workforce.

 1.Short titleThis Act may be cited as the Training Acquisition Leaders and Elevating New Talent Act of 2019 or the TALENT Act. 2.Public-private exchange program for the acquisition workforce (a)In generalSubchapter IV of chapter 87 of title 10, United States Code, is amended by adding at the end the following new section:

					1749.Public-private exchange program for the acquisition workforce
						(a)Assignment authority
 (1)The Secretary may, by rule, establish a program to be known as the Public-Private Exchange Program for the Acquisition Workforce to temporarily assign a member of the acquisition workforce to a private-sector organization or an employee of a private-sector organization to the Department of Defense if—
 (A)pursuant to an agreement between the Secretary, the private-sector organization, and the individual to be temporarily assigned described in subsection (b); and
 (B)with the consent of the individual to be temporarily assigned. (2)Members of the acquisition workforce are eligible for a temporary assignment under this section as follows:
 (A)Civilians in any of grades GS–12 through GS–15 under the General Schedule or, for employees participating in the demonstration project under section 1762 of this title, the equivalent.
 (B)Members of the armed forces serving in any of pay grades O–3 through O–6. (3)A private-sector organization shall not be considered to have a conflict of interest with the Department of Defense solely because of participation in the program established under this section.
							(b)Agreements
 (1)An agreement entered into under this section shall include the following: (A)The terms and conditions of a temporary assignment.
 (B)In the case of an agreement for the temporary assignment of a member of the acquisition workforce, a requirement that the member of the acquisition workforce, upon completion of the temporary assignment, will—
 (i)if a member of the armed forces, serve in the armed forces for a period equal to twice the length of the temporary assignment (in addition to any other period of obligated service); or
 (ii)if a civilian, serve in the Department of Defense, or elsewhere in the civil service if approved by the Secretary, for a period equal to twice the length of the temporary assignment.
 (C)A provision that if the individual to be temporarily assigned fails to carry out the agreement, such individual shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense.
 (D)In the case of an agreement for the temporary assignment of a member of the acquisition workforce, language ensuring that such member of the acquisition workforce does not improperly use pre-decisional or draft deliberative information that such member may be privy to or aware of related to Department programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization.
 (2)An amount for which an individual is liable under paragraph (1)(C) shall be treated as a debt due the United States.
 (3)The Secretary may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the individual who is liable for the debt.
 (c)TerminationAn assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private-sector organization concerned.
						(d)Duration
 (1)Except as provided in paragraph (2), an assignment under this section shall be for a period of not more than two years, renewable up to a total of four years.
 (2)An assignment under this section may be for a period in excess of two years, but not more than four years, if the Secretary determines that such assignment is necessary to meet critical mission or program requirements.
 (3)A member of the acquisition workforce may not be assigned under this section for more than a total of four years inclusive of all such assignments.
							(e)Status of individuals assigned to private-Sector organizations
 (1)A member of the acquisition workforce who is assigned to a private-sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular duty or work assignment, as applicable, in the Department for all purposes.
 (2)In the case of a civilian member of the acquisition workforce, the written agreement established under subsection (b)(1)—
 (A)shall address the specific terms and conditions related to the civilian member’s continued status as a Federal employee; and
 (B)in the case of an assignment of nine months or longer, shall provide that, if the civilian member successfully completes the assignment (as determined by the Secretary), the civilian member shall be eligible for consideration for placement in a new position under programs of the Department of Defense providing priority placement to certain employees.
 (3)With respect to an assignment of a member of the acquisition workforce under this section, the Secretary—
 (A)may, in the case of a civilian member of the acquisition workforce, provide for the performance, during the member’s absence, of the normal duties and functions of that member by making a temporary or term appointment under general civil service authorities for such appointments;
 (B)shall ensure that the normal duties and functions of the civilian member of the acquisition workforce described in subparagraph (A) can be reasonably performed by other personnel of the Department of Defense without the permanent transfer or permanent reassignment of other personnel of the Department of Defense, including members of the armed forces;
 (C)shall ensure that the normal duties and functions of the acquisition workforce member are not, as a result of and during the course of such temporary assignment, performed or augmented by contractor personnel in violation of the provisions of section 2461 of this title; and
 (D)shall certify that the temporary assignment of the acquisition workforce member will not have an adverse or negative impact on mission attainment, warfighter support, or organizational capabilities associated with the assignment.
 (f)Terms and conditions for private-Sector employeesAn employee of a private-Sector organization who is assigned to a Department of Defense organization under this section—
 (1)shall continue to receive pay and benefits from the private-sector organization from which such employee is assigned and shall not receive pay or benefits from the Department of Defense, except as provided in paragraph (2);
 (2)is deemed to be an employee of the Department of Defense for the purposes of— (A)chapters 73 and 81 of title 5;
 (B)sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18; (C)sections 1343, 1344, and 1349(b) of title 31;
 (D)the Federal Tort Claims Act and any other Federal tort liability statute; (E)the Ethics in Government Act of 1978; and
 (F)chapter 21 of title 41; (3)shall not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private-sector organization from which such employee is assigned;
 (4)may perform work that is considered inherently governmental in nature only when requested in writing by the Secretary of Defense; and
 (5)may not be used to circumvent the provision of section 2461 of this title nor to circumvent any limitation or restriction on the size of the Department’s workforce.
 (g)Prohibition against charging certain costs to the Federal governmentA private-sector organization may not charge the Department or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department organization under this section for the period of the assignment.
 (h)Consideration of training needs for members of the acquisition workforceIn carrying out this section, the Secretary of Defense shall take into consideration how assignments under this section might best be used to help meet the needs of the Department of Defense with respect to the training of members of the acquisition workforce.
 (i)Funding; use of Defense Acquisition Workforce Development FundFunds for the expenses for the program established under this section shall be provided from amounts in the Department of Defense Acquisition Workforce Development Fund. Expenses for the program include—
 (1)notwithstanding section 1705(e)(5) of this title, the base salary of a civilian member of the acquisition workforce assigned to a private-sector organization under this section, during the period of that assignment;
 (2)expenses relating to assignment under this section of a member of the acquisition workforce away from the member’s regular duty station, including expenses for travel, per diem, and lodging; and
 (3)expenses for the administration of the program.. (2)Clerical amendmentThe table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

							1749. Public-private exchange program for the acquisition workforce..
 (b)Use of Defense Acquisition Workforce Development FundSection 1705(e)(1) of such title is amended by adding at the end the following new subparagraph:  (C)Amounts in the Fund shall be used to pay the expenses of the Public-Private Exchange Program for the Acquisition Workforce under section 1749 of this title..
			(c)Acquisition workforce employees excluded from public-Private talent exchange
 (1)In generalSection 1599g of such title is amended by adding at the end the following new subsection:  (i)Acquisition workforce employeesAn employee of the Department of Defense who is eligible for the Public-Private Exchange Program for the Acquisition Workforce under section 1749 of this title is not eligible for an assignment under this section..
 (2)ApplicabilitySubsection (i) of section 1599g of title 10, United States Code, as added by paragraph (1), shall not apply to an employee of the Department of Defense who entered into an agreement under that section before the date of the enactment of this Act.