datamatters24/research-document-archive huggingface dataset:
HR 3338 RS
377, as amended (42 U.S.C. 402 note), and to the Depart-
ment
of
Defense
Military
Retirement
Fund,
$19,574,184,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military Re-
tirement Fund, $7,343,640,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Air
Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets;
and for payments pursuant to section 156 of Public Law
97–377, as amended (42 U.S.C. 402 note), and to the De-
HR 3338 RH1S
Leadership 
program 
and 
Department 
of 
Defense
STARBASE program: Provided further, That of the funds
made available in this paragraph, $1,500,000 shall be
available only for continuation of the Middle East Re-
gional Security Issues program: Provided further, That
none of the funds appropriated or otherwise made avail-
able by this Act may be used to plan or implement the
consolidation of a budget or appropriations liaison office
of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service head-
quarters of one of the Armed Forces into a legislative af-
fairs or legislative liaison office.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,788,546,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor
262
‘‘SUBCHAPTER II—ACCESS OF FOREIGN REP-
RESENTATIVES AND CREDITORS TO THE
COURT
‘‘§ 1509. Right of direct access
‘‘(a) A foreign representative may commence a case
under section 1504 by filing directly with the court a peti-
tion for recognition of a foreign proceeding under section
1515.
‘‘(b) If the court grants recognition under section
1515, and subject to any limitations that the court may
impose consistent with the policy of this chapter—
‘‘(1) the foreign representative has the capacity
to sue and be sued in a court in the United States;
‘‘(2) the foreign representative may apply di-
rectly to a court in the United States for appropriate
relief in that court; and
‘‘(3) a court in the United States shall grant
comity or cooperation to the foreign representative.
‘‘(c) A request for comity or cooperation by a foreign
representative in a court in the United States other than
the court which granted recognition shall be accompanied
by a certified copy of an order granting recognition under
section 1517.
‘‘(d) If the court denies recognition under this chap-
ter, the court may issue any appropriate order necessary
263
to prevent the foreign representative from obtaining com-
ity or cooperation from courts in the United States.
‘‘(e) Whether or not the court grants recognition, and
subject to sections 306 and 1510, a foreign representative
is subject to applicable nonbankruptcy law.
‘‘(f) Notwithstanding any other provision of this sec-
tion, the failure of a foreign representative to commence
a case or to obtain recognition under this chapter does
not affect any right the foreign representative may have
to sue in a court in the United States to collect or recover
a claim which is the property of the debtor.
‘‘§ 1510. Limited jurisdiction
‘‘The sole fact that a foreign representative files a
petition under section 1515 does not subject the foreign
representative to the jurisdiction of any court in the
United States for any other purpose.
‘‘§ 1511. Commencement of case under section 301 or
303
‘‘(a) Upon recognition, a foreign representative may
commence—
‘‘(1) an involuntary case under section 303; or
‘‘(2) a voluntary case under section 301 or 302,
if the foreign proceeding is a foreign main pro-
ceeding.
284
HR 3338 RS
description of the project and its estimated annual and total
cost, has been provided in writing to the congressional de-
fense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certi-
fying to the congressional defense committees that it is in
the national interest to do so.
SEC. 8098. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $171,296,000, to reduce cost growth in travel,
to be distributed as follows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$9,000,000;
‘‘Operation and maintenance, Marine Corps’’,
$296,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$150,000,000;
‘‘Operation and Maintenance, Army Reserve’’,
$2,000,000; and
‘‘Operation and maintenance, Defense-wide’’
$10,000,000.
SEC. 8099. During the current fiscal year, refunds at-
tributable to the use of the Government travel card, refunds
attributable to the use of the Government Purchase Card
and refunds attributable to official Government travel ar-
ranged by Government Contracted Travel Management
finding relating to the taxonomy, population models,
and supportive biological and ecological information
regarding the species that is the subject of the find-
ing.
‘‘(II) Whether the methodology and analysis
supporting the finding meet the standards of the
academic and scientific community.
‘‘(III) Whether the finding is supported by clear
and convincing evidence.
‘‘(IV) Whether the review board concurs in the
finding of the Secretary under paragraph (3)(B)(ii)
or (iii), as applicable.
‘‘(C) The Secretary shall—
‘‘(i) publish in the Federal Register each find-
ing by an independent review board under subpara-
graph (A) or (B);
‘‘(ii) post each such finding on the Internet
website of the United States Fish and Wildlife Serv-
ice; and
‘‘(iii) otherwise make each such finding avail-
able to the public.
‘‘(D) If an independent review board finds under sub-
paragraph (A) or (B) that it does not concur in the finding
of the Secretary, the Secretary shall—
‘‘(i) revoke the finding of the Secretary; or
HR 3338 RS
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
on Foreign Relations of the Senate are notified 15 days
in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter
VI or chapter VII of the United Nations Charter
under the authority of a United Nations Security
Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection
(a) shall include the following:
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
HR 3338 RS
pended on the approval or authority of the Secretary of
the Air Force, and payments may be made on his certifi-
cate
of
necessity
for
confidential
military
purposes,
$25,842,968,000: Provided, That notwithstanding any
other provision of law, that of the funds available under
this heading, $750,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial
College for the purpose of funding minority aviation train-
ing.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses, not otherwise provided for, necessary
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military
departments), as authorized by law, $12,122,590,000, of
which not to exceed $25,000,000 may be available for the
CINC initiative fund account; and of which not to exceed
$33,500,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential mili-
tary purposes: Provided, That notwithstanding any other
provision of law, of the funds provided in this Act for Civil
Military programs under this heading, $750,000 shall be
available for a grant for Outdoor Odyssey, Roaring Run,
Pennsylvania, to support the Youth Development and
‘‘(ii) publish in the Federal Register an expla-
nation of why the finding of the review board is in-
correct, with clear and convincing evidence sup-
porting such explanation.
‘‘(E) The Secretary shall—
‘‘(i) maintain a list of individuals who are avail-
able to participate on independent review boards
under this paragraph;
‘‘(ii) seek nominations of individuals to partici-
pate on such boards (upon appointment by the Sec-
retary), through the Federal Register, scientific and
commercial journals, and the National Academy of
Sciences and other such institutions; and
‘‘(iii) update such list every two years.
‘‘(F)(i) An independent review board under subpara-
graph (A) shall be composed of 3 members, of which—
‘‘(I) 2 shall be appointed by the Secretary from
the list under subparagraph (E); and
‘‘(II) 1 shall be appointed by the Secretary
from among qualified individuals nominated by the
Governor of a State in which the species concerned
is located.
‘‘(ii) An independent review board under subpara-
graph (B) shall be composed of 5 members, of which—
‘‘(i) IN
GENERAL.—The Secretary
shall select up to 10 comprehensive centers
for medical excellence in which to conduct
the demonstration program under this sec-
tion. If a center selected under paragraph
(1)(A) meets the criteria established by the
Secretary under paragraph (1)(B)(i), de-
velops a proposal for an alternative pay-
ment system that is approved by the Sec-
retary, and desires to participate in the im-
plementation phase under this paragraph,
the Secretary shall select such center to
conduct the demonstration program under
this section.
‘‘(ii) BUDGET NEUTRALITY NOT RE-
QUIRED.—The Secretary may select cen-
ters under clause (i) even if the alternative
payment systems proposed by the centers
would result in aggregate expenditures
under this title with respect to bene-
ficiaries within the scope of the demonstra-
tion program that are greater than the ex-
penditures under this title that the Sec-
retary estimates would have been expended
349
the kind specified in section 365(e)(1), to cause the termi-
nation, liquidation, or acceleration of or to offset or net
termination values, payment amounts, or other transfer
obligations arising under or in connection with one or
more (or the termination, liquidation, or acceleration of
one or more)—
‘‘(1) securities contracts, as defined in section
741(7);
‘‘(2) commodity contracts, as defined in section
761(4);
‘‘(3) forward contracts;
‘‘(4) repurchase agreements;
‘‘(5) swap agreements; or
‘‘(6) master netting agreements,
shall not be stayed, avoided, or otherwise limited by oper-
ation of any provision of this title or by any order of a
court or administrative agency in any proceeding under
this title.
‘‘(b) EXCEPTION.—
‘‘(1) IN
GENERAL.—A party may exercise a
contractual right described in subsection (a) to ter-
minate, liquidate, or accelerate only to the extent
that such party could exercise such a right under
section 555, 556, 559, or 560 for each individual
414
which advertisement is disseminated in paper form
to the public or through the Internet, as opposed to
by radio or television, shall include a clear and con-
spicuous statement that—
‘‘(A) the interest on the portion of the
credit extension that is greater than the fair
market value of the dwelling is not tax deduct-
ible for Federal income tax purposes; and
‘‘(B) the consumer should consult a tax
adviser for further information regarding the
deductibility of interest and charges.’’.
(b) NON-OPEN END CREDIT EXTENSIONS.—
(1) CREDIT APPLICATIONS.—Section 128 of the
Truth in Lending Act (15 U.S.C. 1638) is
amended—
(A) in subsection (a), by adding at the end
the following:
‘‘(15) In the case of a consumer credit trans-
action that is secured by the principal dwelling of
the consumer, in which the extension of credit may
exceed the fair market value of the dwelling, a clear
and conspicuous statement that—
‘‘(A) the interest on the portion of the
credit extension that is greater than the fair
ties may include the provision of such course of
instruction or program by telephone or through
the Internet, if the course of instruction or pro-
gram is effective; and
‘‘(D) the preparation and retention of rea-
sonable records (which shall include the debt-
or’s bankruptcy case number) to permit evalua-
tion of the effectiveness of such course of in-
struction or program, including any evaluation
of satisfaction of course of instruction or pro-
gram requirements for each debtor attending
such course of instruction or program, which
shall be available for inspection and evaluation
by the Executive Office for United States
Trustees, the United States trustee, bankruptcy
administrator, or chief bankruptcy judge for the
district in which such course of instruction or
program is offered; and
‘‘(2) for any 1-year period if the provider there-
of has demonstrated that the course meets the
standards of paragraph (1) and, in addition—
‘‘(A) has been effective in assisting a sub-
stantial number of debtors to understand per-
sonal financial management; and
271
debtor’s assets, rights, obligations or liabilities to the
extent they have not been stayed under section
1520(a);
‘‘(2) staying execution against the debtor’s as-
sets to the extent it has not been stayed under sec-
tion 1520(a);
‘‘(3) suspending the right to transfer, encumber
or otherwise dispose of any assets of the debtor to
the extent this right has not been suspended under
section 1520(a);
‘‘(4) providing for the examination of witnesses,
the taking of evidence or the delivery of information
concerning the debtor’s assets, affairs, rights, obliga-
tions or liabilities;
‘‘(5) entrusting the administration or realiza-
tion of all or part of the debtor’s assets within the
territorial jurisdiction of the United States to the
foreign representative or another person, including
an examiner, authorized by the court;
‘‘(6) extending relief granted under section
1519(a); and
‘‘(7) granting any additional relief that may be
available to a trustee, except for relief available
under sections 522, 544, 545, 547, 548, 550, and
724(a).
143
(C) An application for a family life insur-
ance policy may be signed by either parent, by
a stepparent, or by husband or wife.
(D) A business entity may effectuate life
insurance upon its employees in whom it has an
insurable interest.
(E) A trustee of a trust established by a
business entity providing life, health, disability,
retirement, or similar benefits may effectuate
life insurance upon employees for whom such
benefits are to be provided. For purposes of this
subparagraph, any employee of a group of busi-
ness entities consisting of a parent business en-
tity and its directly or indirectly owned subsidi-
aries shall be considered to be an employee of
each business entity within the group.
(F) A business entity described in subpara-
graph (D) or the trustee of a trust established
by such business entity as contemplated by sub-
paragraph (E) may exchange any life insurance
policy which was sold to itself on the life of an
employee or retiree of the business entity, or
which was sold to another business entity or the
trustee of a trust established by such other
business entity as contemplated by subpara-
who is unable to pay for such reasonable and necessary
expenses.
‘‘(III) In addition, for a debtor eligible for chapter
13, the debtor’s monthly expenses may include the actual
administrative expenses of administering a chapter 13
plan for the district in which the debtor resides, up to an
amount of 10 percent of the projected plan payments, as
determined under schedules issued by the Executive Office
for United States Trustees.
‘‘(IV) In addition, the debtor’s monthly expenses may
include the actual expenses for each dependent child under
the age of 18 years up to $1,500 per year per child to
attend a private or public elementary or secondary school,
if the debtor provides documentation of such expenses and
a detailed explanation of why such expenses are reasonable
and necessary.
‘‘(iii) The debtor’s average monthly payments on ac-
count of secured debts shall be calculated as—
‘‘(I) the sum of—
‘‘(aa) the total of all amounts scheduled as
contractually due to secured creditors in each
month of the 60 months following the date of
the petition; and
‘‘(bb) any additional payments to secured
creditors necessary for the debtor, in filing a
142
HR 333 PCS
after the date of the filing of the plan or the order for
relief, whichever is earlier, in the amount—
‘‘(A) proposed by the plan to the trustee;
‘‘(B) scheduled in a lease of personal property
directly to the lessor for that portion of the obliga-
tion that becomes due after the order for relief, re-
ducing the payments under subparagraph (A) by the
amount so paid and providing the trustee with evi-
dence of such payment, including the amount and
date of payment; and
‘‘(C) that provides adequate protection directly
to a creditor holding an allowed claim secured by
personal property to the extent the claim is attrib-
utable to the purchase of such property by the debt-
or for that portion of the obligation that becomes
due after the order for relief, reducing the payments
under subparagraph (A) by the amount so paid and
providing the trustee with evidence of such payment,
including the amount and date of payment.
‘‘(2) A payment made under paragraph (1)(A) shall
be retained by the trustee until confirmation or denial of
confirmation. If a plan is confirmed, the trustee shall dis-
tribute any such payment in accordance with the plan as
soon as is practicable. If a plan is not confirmed, the trust-
ee shall return any such payments not previously paid and
379
HR 333 PCS
‘‘(A) the creation of a lien;
‘‘(B) the retention of title as a security in-
terest;
‘‘(C) the foreclosure of a debtor’s equity of
redemption; or
‘‘(D) each mode, direct or indirect, abso-
lute or conditional, voluntary or involuntary, of
disposing of or parting with—
‘‘(i) property; or
‘‘(ii) an interest in property;’’; and
(7) in each of paragraphs (1) through (35), in
each of paragraphs (36), (37), (38A), and (38B),
and in each of paragraphs (40) through (55), by
striking the semicolon at the end and inserting a pe-
riod.
SEC. 1202. ADJUSTMENT OF DOLLAR AMOUNTS.
Section 104 of title 11, United States Code, as
amended by section 322 of this Act, is amended by insert-
ing ‘‘522(f)(3),’’ after ‘‘522(d),’’ each place it appears.
SEC. 1203. EXTENSION OF TIME.
Section 108(c)(2) of title 11, United States Code, is
amended by striking ‘‘922’’ and all that follows through
‘‘or’’, and inserting ‘‘922, 1201, or’’.
SEC. 1204. TECHNICAL AMENDMENTS.
Title 11, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The trustee
shall—’’; and
(2) by adding at the end the following:
‘‘(b)(1) With respect to an individual debtor under
this chapter—
‘‘(A) the United States trustee or bankruptcy
administrator shall review all materials filed by the
debtor and, not later than 10 days after the date of
the first meeting of creditors, file with the court a
statement as to whether the debtor’s case would be
presumed to be an abuse under section 707(b); and
‘‘(B) not later than 5 days after receiving a
statement under subparagraph (A), the court shall
provide a copy of the statement to all creditors.
‘‘(2) The United States trustee or bankruptcy admin-
istrator shall, not later than 30 days after the date of fil-
ing a statement under paragraph (1), either file a motion
to dismiss or convert under section 707(b) or file a state-
ment setting forth the reasons the United States trustee
or bankruptcy administrator does not believe that such a
motion would be appropriate, if the United States trustee
or bankruptcy administrator determines that the debtor’s
case should be presumed to be an abuse under section
707(b) and the product of the debtor’s current monthly
income, multiplied by 12 is not less than—
380
HR 333 PCS
(1) in section 109(b)(2), by striking ‘‘subsection
(c) or (d) of’’; and
(2) in section 552(b)(1), by striking ‘‘product’’
each place it appears and inserting ‘‘products’’.
SEC. 1205. PENALTY FOR PERSONS WHO NEGLIGENTLY OR
FRAUDULENTLY PREPARE BANKRUPTCY PE-
TITIONS.
Section 110(j)(4) of title 11, United States Code, as
so designated by this Act, is amended by striking ‘‘attor-
ney’s’’ and inserting ‘‘attorneys’ ’’.
SEC. 1206. LIMITATION ON COMPENSATION OF PROFES-
SIONAL PERSONS.
Section 328(a) of title 11, United States Code, is
amended by inserting ‘‘on a fixed or percentage fee basis,’’
after ‘‘hourly basis,’’.
SEC. 1207. EFFECT OF CONVERSION.
Section 348(f)(2) of title 11, United States Code, is
amended by inserting ‘‘of the estate’’ after ‘‘property’’ the
first place it appears.
SEC. 1208. ALLOWANCE OF ADMINISTRATIVE EXPENSES.
Section 503(b)(4) of title 11, United States Code, is
amended by inserting ‘‘subparagraph (A), (B), (C), (D),
or (E) of’’ before ‘‘paragraph (3)’’.
381
HR 333 PCS
SEC. 1209. EXCEPTIONS TO DISCHARGE.
Section 523 of title 11, United States Code, as
amended by this Act, is amended—
(1) by transferring paragraph (15), as added by
section 304(e) of Public Law 103–394 (108 Stat.
4133), so as to insert such paragraph after sub-
section (a)(14);
(2) in subsection (a)(9), by striking ‘‘motor ve-
hicle’’ and inserting ‘‘motor vehicle, vessel, or air-
craft’’; and
(3) in subsection (e), by striking ‘‘a insured’’
and inserting ‘‘an insured’’.
SEC. 1210. EFFECT OF DISCHARGE.
Section 524(a)(3) of title 11, United States Code, is
amended by striking ‘‘section 523’’ and all that follows
through ‘‘or that’’ and inserting ‘‘section 523, 1228(a)(1),
or 1328(a)(1), or that’’.
SEC. 1211. PROTECTION AGAINST DISCRIMINATORY TREAT-
MENT.
Section 525(c) of title 11, United States Code, is
amended—
(1) in paragraph (1), by inserting ‘‘student’’ be-
fore ‘‘grant’’ the second place it appears; and
(2) in paragraph (2), by striking ‘‘the program
operated under part B, D, or E of’’ and inserting
‘‘any program operated under’’.