114 S1298 RS: Port Performance Act
U.S. Senate
2015-05-12
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.

IICalendar No. 290114th CONGRESS1st SessionS. 1298[Report No. 114–164]IN THE SENATE OF THE UNITED STATESMay 12, 2015Mr. Thune (for himself, Mrs. Fischer, Mr. Gardner, and Mr. Alexander) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationNovember 5, 2015Reported by Mr. Thune, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo provide nationally consistent measures of performance of the Nation's ports, and for other
			 purposes.

		1.Port performance freight statistics program
 (a)In generalChapter 63 of title 49, United States Code, is amended by adding at the end the following:

					6314.Port performance freight statistics program
 (a)In generalThe Director shall establish, on behalf of the Secretary, a port performance statistics program to provide nationally consistent measures of performance of the Nation’s top 25 ports by tonnage, top 25 ports by 20-foot equivalent unit, and top 25 ports by dry bulk.
						(b)Annual reports
 (1)Port capacity and throughputNot later than January 15 of each year, the Director shall submit an annual report to Congress that includes statistics on capacity and throughput at these ports.
 (2)Port performance indicatorsThe Director shall require each United States port authority referred to in subsection (a) that receives Federal assistance or is subject to Federal regulation to submit an annual report to the Bureau of Transportation Statistics that includes statistics on capacity and throughput, including—
 (A)the volume of inbound and outbound cargo to include containers, break bulk, vehicles, and dry and liquid bulk;
 (B)the average number of lifts per hour of containers by crane; (C)the average vessel unload rate;
 (D)the average vessel load rate; (E)the average vessel turn time;
 (F)port transit time; (G)the average cargo dwell time;
 (H)the average container dwell time; (I)port storage capacity and utilization;
 (J)the average wait time for trucks inside a port complex; (K)the average truck time at ports; and
 (L)the average rail delay at ports. (c)RecommendationsThe Director shall obtain recommendations for specifications for port performance measures, to identify standard data elements for measuring port performance, from—
 (1)operating administrations of the Department of Transportation; (2)the Coast Guard;
 (3)the Maritime Administration; (4)the Marine Transportation System National Advisory Council;
 (5)the Army Corps of Engineers;
 (6)the Saint Lawrence Seaway Development Corporation; and
 (7)the Advisory Committee on Supply Chain Competitiveness.
 (d)Access to dataThe Director shall ensure that the statistics compiled under this section are readily accessible to the public, consistent with applicable security constraints and confidentiality interests..
 (b)Prohibition on certain disclosuresSection 6307(b)(1) of title 49, United States Code, is amended by inserting or section 6314(b) after section 6302(b)(3)(B) each place it appears. (c)Copies of reportsSection 6307(b)(2)(A) of title 49, United States Code, is amended by inserting or section 6314(b) after section 6302(b)(3)(B).
 (d)Technical and conforming amendmentThe table of sections for chapter 63 of title 49, United States Code, is amended by adding at the end the following:
				6314. Port performance freight statistics program..
			2.Monthly reports on performance at United States ports
 (a)In generalNot later than 1 year before the expiration date of a maritime labor agreement for a United States port, 3 months before the expiration date of the maritime labor agreement, and monthly thereafter, the Secretary of Transportation, in consultation with the Secretary of Commerce and the Secretary of Labor, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes port performance indicators at the affected port. If multiple ports are affected by the expiration of the maritime labor agreement, the Secretary of Transportation shall submit a report for each affected port.
 (b)ContentsEach report required under subsection (a) shall include, for the affected port during the previous month—
 (1)the performance indicators listed under section 6314(b)(2) of title 49, United States Code; (2)the number and type of vessels awaiting berthing, including average wait time;
 (3)the number of cancelled vessel calls; (4)an estimate of the economic impact associated with any delays both at the port and across the national economy; and
 (5)an estimate of the amount of time required to clear any congestion. (c)Effective periodThe Secretary of Transportation, in consultation with the Secretary of Commerce and the Secretary of Labor, shall submit a report required under subsection (a) for an affected port until the date that a new maritime labor agreement for the port is agreed to by all of the parties to that maritime labor agreement.
 (d)Definition of maritime labor agreementIn this section, the term maritime labor agreement has the meaning given such term in section 40102 of title 46, United States Code.  1.Short titleThis Act may be cited as the Port Performance Act.
 2.FindingsCongress finds the following: (1)America’s ports play a critical role in the Nation’s transportation supply chain network.
 (2)Reliable and efficient movement of goods through the Nation’s ports ensures that American goods are available to customers throughout the world.
 (3)Breakdowns in the transportation supply chain network, particularly at the Nation’s ports, can result in tremendous economic losses for agriculture, businesses, and retailers that rely on timely shipments.
 (4)A clear understanding of port productivity and throughput would help— (A)to identify freight bottlenecks;
 (B)to indicate performance and trends over time; and (C)to inform investment decisions.
				3.Port performance freight statistics program
 (a)In generalChapter 63 of title 49, United States Code, is amended by adding at the end the following:

					6314.Port performance freight statistics program
 (a)In generalThe Director shall establish, on behalf of the Secretary, a port performance statistics program to provide nationally consistent measures of performance of—
 (1)the Nation’s top 25 ports by tonnage;
 (2)the Nation’s top 25 ports by 20-foot equivalent unit; and (3)the Nation’s top 25 ports by dry bulk.
							(b)Annual reports
 (1)Port capacity and throughputNot later than January 15 of each year, the Director shall submit an annual report to Congress that includes statistics on capacity and throughput at the ports described in subsection (a).
 (2)Port performance measuresThe Director shall collect monthly port performance measures for each of the United States ports referred to in subsection (a) that receives Federal assistance or is subject to Federal regulation to submit an annual report to the Bureau of Transportation Statistics that includes monthly statistics on capacity and throughput as applicable to the specific configuration of the port, including—
 (A)the total capacity of inbound and outbound cargo, including containers, break bulk, vehicles, and dry and liquid bulk;
 (B)the total volume of inbound and outbound cargo, including containers, break bulk, vehicles, and dry and liquid bulk;
 (C)the average number of lifts per hour of containers by crane; (D)the average vessel turn time by vessel type;
 (E)the average cargo or container dwell time; (F)port storage capacity and utilization;
 (G)the average truck time at ports; (H)the average rail time at ports; and
 (I)any additional metrics, as determined by the Director after receiving recommendations from the working group established under subsection (c).
								(c)Recommendations
 (1)In generalThe Director shall obtain recommendations for— (A)specifications and data measurements for the port performance measures listed in subsection (b)(2);
 (B)additionally needed data elements for measuring port performance; and
 (C)a process for the Department of Transportation to collect timely and consistent data, including identifying safeguards to protect proprietary information described in subsection (b)(2).
 (2)Working groupNot later than 60 days after the date of the enactment of this Act, the Director shall commission a working group composed of—
 (A)operating administrations of the Department of Transportation; (B)the Coast Guard;
 (C)the Federal Maritime Commission; (D)U.S. Customs and Border Protection;
 (E)the Marine Transportation System National Advisory Council;
 (F)the Army Corps of Engineers;
 (G)the Saint Lawrence Seaway Development Corporation;
 (H)the Advisory Committee on Supply Chain Competitiveness;
 (I)1 representative from the rail industry; (J)1 representative from the trucking industry;
 (K)1 representative from the port management industry; (L)1 representative from the maritime shipping industry;
 (M)1 representative from the maritime labor industry; (N)representatives of the National Freight Advisory Committee of the Department; and
 (O)representatives of the Transportation Research Board of the National Academies. (3)RecommendationsNot later than 1 year after the date of the enactment of this Act, the working group commissioned under this subsection shall submit its recommendations to the Director.
 (d)Access to dataThe Director shall ensure that the statistics compiled under this section are readily accessible to the public, consistent with applicable security constraints and confidentiality interests..
 (b)Prohibition on certain disclosuresSection 6307(b)(1) of title 49, United States Code, is amended by inserting or section 6314(b) after section 6302(b)(3)(B) each place it appears. (c)Copies of reportsSection 6307(b)(2)(A) of title 49, United States Code, is amended by inserting or section 6314(b) after section 6302(b)(3)(B).
 (d)Technical and conforming amendmentThe table of sections for chapter 63 of title 49, United States Code, is amended by adding at the end the following:
				6314. Port performance freight statistics program..
			4.Monthly reports on performance at United States ports
 (a)In generalNot later than 1 year before the expiration date of a maritime labor agreement that applies to facilities of a United States port, 3 months before the expiration date of the maritime labor agreement, and monthly thereafter until a new agreement is agreed to, the Secretary of Transportation, in consultation with the Secretary of Commerce and the Secretary of Labor, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes port performance indicators at the affected port. If multiple ports are affected by the expiration of the maritime labor agreement, the Secretary of Transportation shall submit a report for each affected port.
 (b)ContentsEach report required under subsection (a) shall include, for the affected port during the previous month—
 (1)the performance indicators listed under section 6314(b)(2) of title 49, United States Code; (2)the number and type of vessels awaiting berthing, including average wait time;
 (3)the number of cancelled vessel calls; (4)an estimate of the economic impact associated with any delays both at the port and across the national economy;
 (5)an estimate of the amount of time required to clear any congestion; (6)the average number of positions ordered and filled; and
 (7)any other factors that might have created delays, including weather, equipment maintenance or failures, or infrastructure development or repair.
 (c)Effective periodThe Secretary of Transportation, in consultation with the Secretary of Commerce and the Secretary of Labor, shall submit a report required under subsection (a) for an affected port until the date on which a new maritime labor agreement that applies to the facilities of the port is agreed to by all of the parties to that maritime labor agreement.
 (d)Definition of maritime labor agreementIn this section, the term maritime labor agreement has the meaning given such term in section 40102 of title 46, United States Code.November 5, 2015Reported with an amendment


115 S3804 IS: To reinstate the taxation of foreign oil related income, and for other purposes.
U.S. Senate
2018-12-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3804
		IN THE SENATE OF THE UNITED STATES

			December 21, 2018
			Ms. Duckworth introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To reinstate the taxation of foreign oil related income, and for other purposes.

		1.Treatment of foreign oil related income as subpart F income
 (a)In generalSection 954(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and, and by adding at the end the following new paragraph:  (4)the foreign base company oil related income for the taxable year (determined under subsection (g) and reduced as provided in subsection (b)(5))..
 (b)Foreign base company oil related incomeSection 954 of the Internal Revenue Code of 1986 is amended by inserting after subsection (e) the following new subsection:

 (g)Foreign base company oil related incomeFor purposes of this section— (1)In generalExcept as otherwise provided in this subsection, the term foreign base company oil related income means foreign oil related income (within the meaning of paragraphs (2) and (3) of section 907(c)) other than income derived from a source within a foreign country in connection with—
 (A)oil or gas which was extracted from an oil or gas well located in such foreign country, or (B)oil, gas, or a primary product of oil or gas which is sold by the foreign corporation or a related person for use or consumption within such country or is loaded in such country on a vessel or aircraft as fuel for such vessel or aircraft.
							Such term shall not include any foreign personal holding company income (as defined in subsection
			 (c)).(2)Paragraph (1) applies only where corporation has produced 1,000 barrels per day or more
 (A)In generalThe term foreign base company oil related income shall not include any income of a foreign corporation if such corporation is not a large oil producer for the taxable year.
 (B)Large oil producerFor purposes of subparagraph (A), the term large oil producer means any corporation if, for the taxable year or for the preceding taxable year, the average daily production of foreign crude oil and natural gas of the related group which includes such corporation equaled or exceeded 1,000 barrels.
 (C)Related groupThe term related group means a group consisting of the foreign corporation and any other person who is a related person with respect to such corporation.
 (D)Average daily production of foreign crude oil and natural gasFor purposes of this paragraph, the average daily production of foreign crude oil or natural gas of any related group for any taxable year (and the conversion of cubic feet of natural gas into barrels) shall be determined under rules similar to the rules of section 613A except that only crude oil or natural gas from a well located outside the United States shall be taken into account..
			(c)Conforming amendments
 (1)Section 952(c)(1)(B)(iii) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (I) through (IV) as subclause (II) through (V), respectively, and by inserting before subclause (II) (as so redesignated) the following:

 (I)foreign base company oil related income,. (2)Section 954(b) of such Code is amended—
 (A)by inserting at the end of paragraph (4) the following: The preceding sentence shall not apply to foreign base company oil-related income described in subsection (a)(4).,
 (B)by striking and the foreign base company services income in paragraph (5) and inserting the foreign base company services income, and the foreign base company oil related income, and (C)by adding at the end the following new paragraph:

 (6)Foreign base company oil related income not treated as another kind of base company incomeIncome of a corporation which is foreign base company oil related income shall not be considered foreign base company income of such corporation under paragraph (2) or (3) of subsection (a)..
 (d)Effective dateThe amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act and to taxable years of United States shareholders ending with or within which such taxable years of foreign corporations end.


116 HR 705 IH: Pay Our TSA Screeners Act of 2019
U.S. House of Representatives
2019-01-22
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.

I116th CONGRESS1st SessionH. R. 705IN THE HOUSE OF REPRESENTATIVESJanuary 22, 2019Mr. Katko (for himself, Mr. Brindisi, Mr. Van Drew, Ms. Stefanik, and Mr. Stivers) introduced the following bill; which was referred to the Committee on Homeland SecurityA BILLTo authorize the Administrator of the Transportation Security Administration to utilize the
			 security service fee to pay Transportation Security officer salaries
			 during a lapse in appropriations for the Transportation Security
			 Administration, and for other purposes.

 1.Short titleThis Act may be cited as the Pay Our TSA Screeners Act of 2019. 2.Use of security service fee to pay salaries of Transportation Security officers (a)In generalNotwithstanding any other provision of law, including section 44940 of title 49, United States Code, during any lapse in appropriations with respect to the Transportation Security Administration, the Administrator of the Transportation Security Administration is authorized to utilize amounts payable to the Administrator pursuant to the security service fee under such section to pay Transportation Security officer salaries to ensure effective continuity of security operations at airports.
 (b)Notification to CongressIf the Administrator of the Transportation Security Administration exercises the authority provided under subsection (a), the Administrator shall notify the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate of such exercise.
 (c)TerminationThe authority provided under subsection (a) terminates, with respect to any lapse in appropriations with respect to the Transportation Security Administration, on the date of the enactment of any Act making appropriations for the Transportation Security Administration.


115 S671 IS: Agriculture Students EARN Act
U.S. Senate
2017-03-21
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.

II115th CONGRESS1st SessionS. 671IN THE SENATE OF THE UNITED STATESMarch 21, 2017Mr. Moran (for himself and Mrs. Ernst) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to exclude from gross income certain amounts realized on
			 the disposition of property raised or produced by a student farmer, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Agriculture Students EARN Act or the Agriculture Students Encourage, Acknowledge, Reward, Nurture Act. 2.Exclusion of certain gain by student farmers from gross income (a)In generalPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139F the following new section:

					139G.Gain from property produced or raised by a student farmer
 (a)In generalIn the case of a student farmer, gross income shall not include so much of the gain from qualified dispositions during the taxable year as does not exceed $5,000.
 (b)DefinitionsFor purposes of this section— (1)Student farmerThe term student farmer means an individual who has not attained age 19 and who is enrolled in—
 (A)a program established by the National FFA Organization, (B)a 4–H Club or other program established by 4–H, or
 (C)any student agriculture program similar in nature to a club or program described in subparagraph (A) or (B) which is under the direction or guidance of an agricultural educator, advisor, or club leader.
								(2)Qualified disposition
 (A)In generalThe term qualified disposition means a sale or exchange of qualified property by or on behalf of a student farmer (determined as of the date of the sale or exchange) which occurs—
 (i)during an activity of a type described in paragraph (2)(B) or (3)(B) of section 513(d), or
 (ii)under the supervision of a program described in subparagraph (A), (B), or (C) of paragraph (1). (B)Qualified propertyFor purposes of subparagraph (A), the term qualified property means personal property, including livestock, crops, and agricultural mechanics or shop projects, produced or raised—
 (i)by the student farmer by or on behalf of whom the sale or exchange is made, and (ii)under the supervision of a program described in subparagraph (A), (B), or (C) of paragraph (1)..
 (b)Conforming amendmentThe table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139F the following new item:
				Sec. 139G. Gain from property produced or raised by a student farmer..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


110 HR 4345 IH: To extend the suspension of duty on Bayowet

U.S. House of Representatives
2007-12-11
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. 4345
		IN THE HOUSE OF REPRESENTATIVES

			December 11, 2007
			Mr. Tim Murphy of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the suspension of duty on Bayowet
		  FT–248.

		1.Bayowet FT–248
			(a)In
			 generalHeading 9902.02.15 of
			 the Harmonized Tariff Schedule of the United States (relating to
			 Tetraethylammonium perfluoroctanesulfonate) is amended by striking the date in
			 the effective period column and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


		I
		111th CONGRESS
		2d Session
		H. R. 6011
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2010
			Mr. Schiff introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To direct the Attorney General to design and implement a
		  procedure to permit enhanced searches of the National DNA Index
		  System.

		1.Short titleThis Act may be cited as the
			 Utilizing DNA Technology to Solve Cold
			 Cases Act of 2010.
		2.Enhanced
			 searches
			(a)Familial
			 searches
				(1)In
			 generalNot later than 180
			 days after the date of the enactment of this Act, the Attorney General shall
			 adopt policies and procedures in accordance with this section to ensure
			 that—
					(A)the Federal Bureau of Investigation may
			 conduct familial searches for DNA samples collected from crime scenes in
			 Federal investigations;
					(B)a State law enforcement agency may request
			 that the Federal Bureau of Investigation conduct familial searches for DNA
			 samples collected from crime scenes in State investigations; and
					(C)the privacy
			 interests of persons identified in familial searches are carefully protected.
					(2)Search
			 requirementsFamilial
			 searches conducted by the Federal Bureau of Investigation under this section
			 shall be conducted only under the following circumstances:
					(A)No identical match
			 for the DNA sample collected from a crime scene can be identified in the
			 offender index.
					(B)The investigation for which DNA samples are
			 collected at a crime scene involves one or more of the following offenses under
			 Federal or State law:
						(i)An
			 offense of murder, voluntary manslaughter, or any attempt to commit murder or
			 voluntary manslaughter.
						(ii)A
			 specified offense against a minor (as such term is defined in section 111(7) of
			 the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7))), or an
			 attempt to commit such a specified offense.
						(iii)An
			 offense or attempt to commit an offense that—
							(I)involves a sexual
			 act or sexual contact with another; and
							(II)is punishable by
			 imprisonment for more than one year.
							(3)Requesting State
			 law enforcement agencyA State law enforcement agency making a
			 request for a familial search under this section shall—
					(A)before making such
			 request, have in place a written policy that—
						(i)establishes the
			 criteria and procedures for requesting a familial search and for evaluating a
			 familial match; and
						(ii)is
			 consistent with any regulations issued by the Attorney General pursuant to this
			 section; and
						(B)each time a familial search request is
			 made, make such policy available to the Attorney General.
					(4)Reporting of
			 matchesAny familial match resulting from a request for a
			 familial search that complies with the requirements of this section shall be
			 reported to a laboratory authorized as a Combined DNA Index System laboratory
			 in the jurisdiction of the State law enforcement agency requesting information
			 related to such match.
				(b)ReportNot
			 later than one year after the date of the enactment of this Act, and annually
			 thereafter, the Attorney General shall submit to the chair and ranking member
			 of the Committee on the Judiciary of the House of Representatives and the
			 Committee on the Judiciary of the Senate a report on compliance with this
			 section. Each such report shall contain the following information:
				(1)The number of
			 familial searches requested by State law enforcement agencies.
				(2)The number of familial searches conducted
			 under this section.
				(3)The number of familial matches found as a
			 result of such searches.
				(4)The status of any
			 case in which such a familial match was found.
				(c)RegulationsNot later than 180 days after the date of
			 the enactment of this Act, the Attorney General shall issue regulations to
			 carry out this section.
			(d)DefinitionsIn
			 this section:
				(1)The term
			 familial search means a search of the offender index in which a
			 DNA sample from an unknown source collected from a crime scene is compared to
			 such offender index to determine if a familial match exists between the DNA
			 profile contained in such index and the DNA sample collected from the crime
			 scene.
				(2)The term
			 familial match means—
					(A)a match of at least 1 shared allele at 15
			 loci between a DNA profile in the offender index and a DNA sample collected at
			 a crime scene; or
					(B)any other genetic
			 association the Attorney General determines is sufficient to constitute such a
			 match.
					(3)The term offender index means
			 the database containing information on individuals convicted of sex offenses
			 and other violent crimes in the National DNA Index System established under
			 section 210304 of the Violent Crime Control and Law Enforcement Act of 1994
			 (Public Law 103–322, 108 Stat. 1796).
				(4)The term State means each of
			 the several States, the District of Columbia, the Commonwealth of Puerto Rico,
			 the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of
			 the Northern Mariana Islands.


		II
		112th CONGRESS
		1st Session
		S. 412
		IN THE SENATE OF THE UNITED STATES

			February 17, 2011
			Mr. Levin (for himself,
			 Mrs. Hutchison, Mr. Vitter, Ms.
			 Landrieu, Mr. Shelby,
			 Ms. Stabenow, Mrs. Boxer, Ms.
			 Klobuchar, Mr. Wyden,
			 Mr. Franken, Mr. Lieberman, Mr. Brown
			 of Ohio, Mrs. Gillibrand, and
			 Mr. Cornyn) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To ensure that amounts credited to the Harbor Maintenance
		  Trust Fund are used for harbor maintenance.

		1.Short titleThis Act may be cited as the
			 Harbor Maintenance Act of
			 2011.
		2.Funding for harbor
			 maintenance programs
			(a)Harbor
			 maintenance trust fund guarantee
				(1)In
			 generalThe total budget
			 resources made available from the Harbor Maintenance Trust Fund each fiscal
			 year pursuant to section 9505(c) of the Internal Revenue Code of 1986 (relating
			 to expenditures from the Harbor Maintenance Trust Fund) shall be equal to the
			 level of receipts plus interest credited to the Harbor Maintenance Trust Fund
			 for that fiscal year. Such amounts may be used only for harbor maintenance
			 programs described in section 9505(c) of such Code.
				(2)GuaranteeNo funds may be appropriated for harbor
			 maintenance programs described in such section unless the amount described in
			 paragraph (1) has been provided.
				(b)DefinitionsIn
			 this section, the following definitions apply:
				(1)Total budget
			 resourcesThe term total budget resources means the
			 total amount made available by appropriations Acts from the Harbor Maintenance
			 Trust Fund for a fiscal year for making expenditures under section 9505(c) of
			 the Internal Revenue Code of 1986.
				(2)Level of
			 receipts plus interestThe term level of receipts plus
			 interest means the level of taxes and interest credited to the Harbor
			 Maintenance Trust Fund under section 9505 of the Internal Revenue Code of 1986
			 for a fiscal year as set forth in the President’s budget baseline projection as
			 defined in section 257 of the Balanced Budget and Emergency Deficit Control Act
			 of 1985 (Public Law 99–177; 99 Stat. 1092) for that fiscal year submitted
			 pursuant to section 1105 of title 31, United States Code.
				(c)Enforcement of
			 guaranteesIt shall not be in order in the House of
			 Representatives or the Senate to consider any bill, joint resolution,
			 amendment, motion, or conference report that would cause total budget resources
			 in a fiscal year for harbor maintenance programs described in subsection (b)(1)
			 for such fiscal year to be less than the amount required by subsection (a)(1)
			 for such fiscal year.


110 HRES 542 EH: Expressing the unconditional support of the House of Representatives for the members of the National Guard.
U.S. House of Representatives
2007-12-18
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.

IV
110th CONGRESS
1st Session
H. RES. 542
In the House of Representatives, U. S.,

December 18, 2007

RESOLUTION
Expressing the unconditional support of the House of Representatives for the members of the National Guard.

Whereas the National Guard has made tremendous contributions in support of United States military operations around the world;
Whereas, between September 11, 2001, and September 30, 2007, 329,982 members of the National Guard have been mobilized to support numerous military operations;
Whereas members of the National Guard typically leave other employment to serve on active duty in the Armed Forces;
Whereas the National Guard has responded admirably in times of domestic emergencies to lead rescue and recovery efforts; and
Whereas many members of the National Guard have made the ultimate sacrifice, giving their lives in service to the United States: Now, therefore, be it

That the House of Representatives—
(1)unconditionally supports the members of the National Guard;
(2)recognizes the tremendous sacrifices made by members of the National Guard on behalf of the United States;
(3)will work to ensure that the National Guard receives the resources it needs; and
(4)will support the families of members of the National Guard, especially those who have died while serving on active duty.

Lorraine C. Miller,Clerk.


114 S2255 ES: Trade Adjustment Assistance Extension Act of 2021
U.S. Senate

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.

117th CONGRESS1st SessionS. 2255IN THE SENATE OF THE UNITED STATESAN ACTTo extend the trade adjustment assistance program for one month.1.Short titleThis Act may be cited as the Trade Adjustment Assistance Extension Act of 2021.2.Extension of trade adjustment assistance program(a)Extension of termination provisionsSection 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking June 30, 2021 each place it appears and inserting July 23, 2021.(b)Reemployment trade adjustment assistanceSection 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking June 30, 2021 and inserting July 23, 2021.(c)Trade adjustment assistance for workersSection 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking June 30, 2021 and inserting July 23, 2021.(d)Effective dateThe amendments made by this section take effect on the earlier of—(1)the date of the enactment of this Act; or(2)June 30, 2021. (e)Application of prior lawSection 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 (title IV of Public Law 114–27; 129 Stat. 379; 19 U.S.C. 2271 note prec.) is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1), by striking July 1, 2021 and inserting July 24, 2021; and(B)in paragraphs (5) and (6), by striking the 1-year period beginning on July 1, 2021 and inserting the period beginning on July 24, 2021, and ending on June 30, 2022; and(2)in subsection (b), by striking July 1, 2021 each place it appears and inserting July 24, 2021.Passed the Senate June 24, 2021.Secretary


		II

		109th CONGRESS

		1st Session

		S. 319

		IN THE SENATE OF THE UNITED STATES

			February 8, 2005

			Mr. Domenici (for

			 himself and Mr. Kennedy) introduced the

			 following bill; which was read twice and referred to the

			 Committee on Health, Education, Labor,

			 and Pensions

		A BILL

		To amend the Public Health Service Act to revise the

		  amount of minimum allotments under the Projects for Assistance in Transition

		  from Homelessness program.

			1.

			Minimum allotments under the Projects for Assistance in

			 Transition from Homelessness program

			Section 524 of the

			 Public Health Service Act

			 (42 U.S.C.

			 290cc–24) is amended to read as follows:

					524.

					Determination of amount of allotment

						(a)

						Determination under formula

						Subject to subsection (b), the allotment required in section

				521 for a State for a fiscal year is the product of—

							(1)

							an amount equal to the amount appropriated under section 535

				for the fiscal year; and

							(2)

							a percentage equal to the quotient of—

								(A)

								an amount equal to the population living in urbanized areas of

				the State involved, as indicated by the most recent data collected by the

				Bureau of the Census; and

								(B)

								an amount equal to the population living in urbanized areas of

				the United States, as indicated by the sum of the respective amounts determined

				for the States under subparagraph (A).

						(b)

						Minimum allotment

							(1)

							In general

							Subject to paragraph (2), the allotment for a State under

				section 521 for a fiscal year shall, at a minimum, be the greater of—

								(A)

								the amount the State received under section 521 in fiscal year

				2005; and

								(B)

								$600,000 for each of the several States, the District of

				Columbia, and the Commonwealth of Puerto Rico, and $100,000 for each of Guam,

				the Virgin Islands, American Samoa, and the Commonwealth of the Northern

				Mariana Islands.

							(2)

							Condition

							If the funds appropriated in any fiscal year under section 535

				are insufficient to ensure that States receive a minimum allotment in

				accordance with paragraph (1), then—

								(A)

								no State shall receive less than the amount they received in

				fiscal year 2005; and

								(B)

								any funds remaining after amounts are provided under

				subparagraph (A) shall be used to meet the requirement of paragraph (1)(B), to

				the maximum extent possible.

							.


114 HR 5700 IH: Native Educator Support and Training Act
U.S. House of Representatives
2016-07-08
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.

I114th CONGRESS2d SessionH. R. 5700IN THE HOUSE OF REPRESENTATIVESJuly 8, 2016Mr. Ruiz introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo support the education of Indian children.

 1.Short titleThis Act may be cited as the Native Educator Support and Training Act or the NEST Act. IStudent assistance AScholarships for the study of education and school administration 101.Scholarship programs for educators of Indian students and Indian educatorsPart B of title II of the Higher Education Act (20 U.S.C. 1031 et seq.) is amended by adding at the end the following:

						6Indian educator scholarship program
							259A.Purpose; Definitions
 (a)PurposeThe purposes of this subpart are— (1)to carry out the United States trust responsibility for the education of Indian children; and
 (2)to provide a more stable base of education professionals with an understanding of the needs of Indian students to serve in public elementary schools and secondary schools, schools funded by the Bureau of Indian Education, the Department of Education, State educational agencies, and local educational agencies.
 (b)DefinitionsIn this subpart: (1)The term Indian shall have the meaning given that term in section 316.
 (2)The term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).
									259B.Terms and conditions of scholarship contracts
 (a)In GeneralUnless otherwise specified, a scholarship grant under this subpart shall have the terms and conditions described in this section.
								(b)Contents of contract
 (1)In generalThe written contract between the Secretary and the individual receiving a scholarship grant under this subpart shall contain the following:
 (A)A statement that the Secretary agrees to provide the individual with a scholarship in accordance with section 259C, 259D, or 259E, as the case may be.
 (B)A statement that the individual agrees— (i)to accept the relevant scholarship under this subpart;
 (ii)to maintain enrollment in the course of study for which the scholarship was awarded until the individual completes the course of study;
 (iii)while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Secretary, taking into account the requirements of the institution of higher education offering such course of study); and
 (iv)to serve, through full-time employment at an eligible school or eligible service employer (as described under section 259C, 259D, or 259E, as the case may be), for a time period (referred to in this section as the period of obligated service) equal to the greater of—
 (I)1 year for the equivalent of each school year for which the individual was provided a scholarship under this subpart; or
 (II)3 years. (C)A statement of the damages to which the United States is entitled, under subsection (d), for the individual’s breach of the contract.
 (D)Any other relevant statements of the rights and liabilities of the Secretary and of the individual, in accordance with the provisions of this subpart.
										(2)Period of obligated service
 (A)In GeneralThe recipient of a scholarship grant under this subpart shall be required to carry out a period of obligated service, as described in paragraph (1)(B)(iv).
										(B)Deferment
 (i)In generalAt the request of an individual who has entered into a contract described in this subsection, the Secretary shall grant a deferment for the period of obligated service of such individual under such contract for any of the following reasons:
 (I)Advanced studyFor advanced study to enable such individual to complete a course of study leading to an advanced degree in elementary or secondary education or school administration, or needed to become certified by a State or Indian tribe to teach, for an appropriate period (in years, as determined by the Secretary).
 (II)Family and medical leaveFor family or medical leave for a period in alignment with section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) and as approved by the Secretary.
 (III)Military serviceIf the individual is a member of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status, and such individual is called or ordered to active duty (as defined in section 101(d)(1) of title 10, United States Code), such individual shall be eligible for a deferment during the period of active duty and for an appropriate period (as determined by the Secretary) after returning from active duty.
 (ii)Conditions of defermentA deferment granted under this subparagraph shall be subject to the following conditions: (I)The deferment period shall not be counted as satisfying any period of obligated service that is required under this section.
 (II)The period of obligated service of the individual shall commence at the later of— (aa)90 days after the completion of the deferment period;
 (bb)the commencement of the first school year at the school where the individual has been hired that begins after the completion of the deferment; or
 (cc)a date specified by the Secretary. (C)Part-time studyIn the case of an individual receiving a scholarship under this subpart who is enrolled part-time in an approved course of study—
 (i)a scholarship under this subpart shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary;
 (ii)the period of obligated service shall be equal to the greater of— (I)1 year for the equivalent of each full-time academic year for which the individual was provided a scholarship (as determined by the Secretary by adding the fractions of a full-time academic year that each period of part-time attendance comprises); or
 (II)2 years; and (iii)the amount of the monthly stipend specified in subsection (c) shall be reduced pro rata, as determined by the Secretary, based on the number of hours of study in which such individual is enrolled.
											(c)Scholarship
 (1)In generalA scholarship provided to a student under this subpart for a school year shall equal the amount of— (A)the tuition of the student;
 (B)all other reasonable educational expenses incurred by the student in such school year, including fees, books, laboratory expenses, and other expenses as determined by the Secretary; and
 (C)a stipend of $800 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year.
 (2)Payment to an institution of higher educationThe Secretary may contract with an institution of higher education in which a participant in the scholarship program under this subpart is enrolled for the payment to such institution on behalf of the student of the amounts of tuition and other reasonable educational expenses described in subparagraphs (A) and (B) of paragraph (1). Payment to such institution may be made without regard to subsections (a) and (b) of section 3324 of title 31, United States Code.
 (3)StipendThe amount of the monthly stipend described in paragraph (1)(C) shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 2017, by the amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the percentage adjustment in the rates of pay under the General Schedule taking effect under section 5303 of title 5, United States Code, during the fiscal year in which such school year ends (if such adjustment is an increase).
									(d)Liability; failure To complete the period of obligated service; repayment
 (1)LiabilityAn individual who has entered into a written contract with the Secretary under this section shall be liable to the United States for the amount which has been paid to, or on behalf of, such individual under the contract, if such individual—
 (A)fails to maintain an acceptable level of academic standing in the institution of higher education in which the individual is enrolled (as determined by the Secretary taking into account the requirements of the institution of higher education offering such course of study);
 (B)is dismissed from such institution of higher education for disciplinary reasons; (C)voluntarily terminates the training in such institution of higher education for which such individual is provided a scholarship under such contract before the completion of such training; or
 (D)fails to accept payment, or instructs the institution of higher education in which such individual is enrolled not to accept payment, under this section.
 (2)Failure to complete the period of obligated serviceAn individual who has entered into a written contract with the Secretary under this section may petition the Secretary to delay the date on which the individual would otherwise be required to begin the period of obligated service if such individual has not succeeded in obtaining employment required by this section. In support of such petition, the individual shall supply such reasonable information as the Secretary may require. The Secretary shall retain full discretion regarding the decision about whether to grant or decline such a delay and to determine the duration of any delay that is granted.
									(3)Repayment
 (A)In generalAn individual who has entered into a written contract with the Secretary under this section and who is liable for any amount of damages which the United States is entitled to recover under this subsection shall—
 (i)begin payment of such damages to the United States within 1 year of the date of the breach or on such later date as specified by the Secretary; and
 (ii)repay the amount of such damages in full following a schedule and by a deadline determined by the Secretary.
 (B)Recovery of damagesIf damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages—
 (i)utilize collection agencies contracted with by the Administrator of the General Services Administration; or
 (ii)enter into contracts for the recovery of such damages with collection agencies selected by the Secretary.
 (C)Contracts for recovery of damagesEach contract for recovering damages pursuant to this paragraph shall provide that the contractor will, not less than once every 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent not inconsistent with this subsection.
 (4)DeathUpon the death of an individual who receives, or has received, a scholarship under this subpart, any obligation of such individual for service or payment that relates to such scholarship shall be canceled.
									(5)Waiver
 (A)Required waiverThe Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of a scholarship under this subpart, if the Secretary determines that—
 (i)it is not possible for the recipient to meet the obligation or make the payment; (ii)requiring the recipient to meet the obligation or make the payment would result in extreme hardship to the recipient; or
 (iii)the enforcement of the requirement to meet the obligation or make the payment would be unconscionable.
 (B)Permissible waiverNotwithstanding any other provision of law, for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section.
										(6)Bankruptcy
 (A)In generalSubject to subparagraph (B), and notwithstanding any other provision of law, with respect to a recipient of a scholarship under this subpart, no obligation for payment may be released by a discharge in bankruptcy under title 11.
 (B)ExceptionThe prohibition described in subparagraph (A) shall not apply if— (i)such discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due; and
 (ii)the bankruptcy court finds that the nondischarge of the obligation would be unconscionable. (e)Applicability of other provisionsNotwithstanding any other provision of law, an individual receiving a scholarship under this subpart shall continue to be eligible for any other grant programs and loan forgiveness programs for which the individual would otherwise be eligible.
								259C.Indian student educator scholarship program
								(a)Grants authorized
 (1)In generalThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in elementary or secondary education or school administration at an institution of higher education.
 (2)DesignationScholarships made under paragraph (1) shall be designated Indian student educator scholarships. (b)Eligibility (1)In generalThe Secretary shall select which eligible applicants will receive an Indian student educator scholarship under subsection (a).
 (2)CriteriaIn order to be eligible to receive an Indian student educator scholarship, an individual shall— (A)be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in elementary or secondary education or school administration at an institution of higher education;
 (B)submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and
 (C)sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service.
 (c)Eligible schoolsAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under section 259B(b)(1)(B)(iv), if the individual is employed full time—
 (1)in a Bureau-funded school; or (2)in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary.
 (d)Placement assistanceThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to—
 (1)State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and administrators in States with a significant number of Indian children;
 (2)elementary schools and secondary schools that are Bureau-funded schools; and (3)tribal education agencies.
									259D.Indian educator scholarship program
								(a)Grants authorized
 (1)In generalThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in elementary or secondary education or school administration at an institution of higher education.
 (2)DesignationScholarships made under paragraph (1) shall be designated Indian educator scholarships. (b)Eligibility (1)In generalThe Secretary shall select which eligible applicants will receive an Indian educator scholarship under subsection (a).
 (2)CriteriaIn order to be eligible to receive an Indian educator scholarship, an individual shall— (A)be an Indian;
 (B)be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in elementary or secondary education or school administration at an institution of higher education;
 (C)submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and
 (D)sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service.
 (c)Eligible schoolsAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under as section 259B(b)(1)(B)(iv), if the individual is employed full time—
 (1)in a Bureau-funded school; or (2)in a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
 (d)Placement assistanceThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to—
 (1)State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and administrators in States with a significant number of Indian children;
 (2)elementary schools and secondary schools that are Bureau-funded schools; and (3)tribal education agencies..

						259E.Indian educator graduate fellowship program
							(a)Grants authorized
 (1)In generalThe Secretary shall make scholarship grants in accordance with this section to Indians who are enrolled on a full-time or part-time basis in institutions of higher education and pursuing a graduate level course of study in education or school administration.
 (2)DesignationScholarships made under paragraph (1) shall be designated Indian educator graduate fellowships. (b)Eligibility (1)In generalThe Secretary shall select which eligible applicants will receive an Indian educator graduate fellowship under subsection (a).
 (2)CriteriaIn order to be eligible to receive an Indian educator graduate fellowship, an individual shall— (A)be an Indian;
 (B)be accepted for enrollment, or be enrolled, as a full-time or part-time student in a graduate level course of study in education or school administration at an institution of higher education;
 (C)submit an application to participate in the Indian educator graduate fellowship program at such time and in such manner as the Secretary shall determine; and
 (D)sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible service employer for the period of obligated service.
 (c)Eligible service employersAn individual shall be considered to be serving, through full-time employment at an eligible service employer, as required under section 259B(b)(1)(B)(iv), if the individual is employed full time—
 (1)in a Bureau-funded school; (2)in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary;
 (3)for a Tribal College or University (as defined in section 316); (4)for a Native American-serving, nontribal institution (as defined in section 319(b));
 (5)for an Alaska Native-serving institution (as defined in section 317(b)); (6)for a Native Hawaiian-serving institution (as defined in section 317(b));
 (7)for a tribal education agency (as defined by section 3 of the National Environmental Education Act (20 U.S.C. 5502));
 (8)for a State educational agency or local educational agency that serves a significant number of Indian students, as defined by the Secretary;
 (9)for the Department of Education; or (10)for the Bureau of Indian Education.
 (d)Placement assistanceThe Secretary shall assist the recipient of an Indian educator graduate fellowship in learning about placement opportunities in eligible service employers in such manner as the Secretary determines appropriate..
				BLoan forgiveness for Indian educators
				111.Loan forgiveness for educators teaching in Bureau of Indian Education-funded schools and local
			 educational agencies with a high percentage of American Indian students
 (a)Part B loansSection 428J of the Higher Education Act of 1965 (20 U.S.C. 1078–10) is amended— (1)in subsection (b)(1), by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed; and
 (2)in subsection (c), by adding at the end the following:  (4)Additional amounts for teachers in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian studentsNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher for 5 consecutive complete school years as—
 (A)a teacher in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or
 (B)a teacher in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021))..
 (b)Part D loansSection 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)) is amended— (1)in subsection (b)(1) by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed; and
 (2)in subsection (c), by adding at the end the following:  (4)Additional amounts for teachers in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian studentsNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher for 5 consecutive complete school years as—
 (A)a teacher in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or
 (B)a teacher in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021))..
						112.Loan forgiveness for American Indian teachers
 (a)Part B loansSection 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078–10(c)), as amended by section 111, is further amended by adding at the end the following:

 (5)Additional amounts for american indian teachersNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who—
 (A)has been employed as a full-time teacher for 5 consecutive complete school years in— (i)a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or
 (ii)a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); and
 (B)is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))..
 (b)Part D loansSection 460(c) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)), as amended by section 111, is further amended by adding at the end the following:

 (5)Additional amounts for american indian teachersNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who—
 (A)has been employed as a full-time teacher for 5 consecutive complete school years in— (i)a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or
 (ii)a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); and
 (B)is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))..
					113.Cancellation of loans for educators teaching in Bureau of Indian Education-funded schools and
 Native American language immersion teachersSection 465(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087ee) is amended— (1)in subparagraph (A)—
 (A)in clause (i)(I), by striking or after the semicolon; (B)in clause (ii), by inserting or after the semicolon; and
 (C)by inserting after clause (ii) the following:  (iii)in an elementary school or secondary school that is a Bureau school or a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021));; and
 (2)in subparagraph (G), by inserting Native American language immersion, after foreign languages,. IIInstitutional aid AProfessional development grants for Native-serving elementary schools and secondary schools 201.National Board certification incentive programSubpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at the end the following:

						6123.National Board certification incentive program
 (a)PurposesThe purposes of this section are— (1)to improve the skills of qualified individuals who are Indian (as defined by section 103 of the Native American Languages Act (25 U.S.C. 2902)) or who teach Indian people;
 (2)to provide an incentive for qualified teachers to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian communities; and
 (3)to increase the retention of highly skilled Indian teachers in elementary schools and secondary schools seeking to better incorporate Indian culture and history into the general curriculum.
 (b)DefinitionsIn this section: (1)Bureau-funded schoolThe term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).
 (2)Eligible entitiesThe term eligible entity means— (A)a State educational agency in consortium with an institution of higher education;
 (B)a local educational agency in consortium with an institution of higher education; (C)an Indian tribe or organization, in consortium with a local educational agency and an institution of higher education; or
 (D)a Bureau-funded school in consortium with an institution of higher education. (3)Eligible educatorsThe term eligible educator means—
 (A)a teacher who teaches a minimum number of Indian students, as determined by the Secretary; or (B)a teacher who is Indian.
 (4)Indian tribeThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
 (c)Program authorizedThe Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to—
 (1)reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and
 (2)provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than a $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section.
								(d)Application
 (1)In generalEach eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require.
 (2)Special ruleIn the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of subsection (b)(3), the eligible entity shall provide an assurance that grant funds will support only those educators who are tribally enrolled or affiliated with an Indian tribe.
 (e)Awarding of grantsIn awarding grants under this section, the Secretary shall determine the amount and length of each grant, which shall not exceed 5 years.
 (f)Restrictions on compensation increasesThe Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section.
							(g)Progress reports
 (1)In generalFor every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary.
 (2)DisseminationThe Secretary shall disseminate the report described in this subsection to each of the following: (A)The Committee on Health, Education, Labor, and Pensions of the Senate.
 (B)The Committee on Indian Affairs of the Senate. (C)The Subcommittee on Indian, Insular, and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives.
 (D)The Committee on Education and the Workforce of the House of Representatives.. BNative language teacher training program grants for Native-serving institutions of higher education 211.Native language teacher training program development grants for tribal colleges and universities and institutions of higher education that serve significant numbers of Native studentsTitle III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) is amended—
 (1)by redesignating part G as part H; and (2)by inserting after part F the following:

							GNative American language teacher training program development
								381.Native American language teacher training program development
 (a)PurposeThe purpose of this section is to establish a grant program that seeks— (1)to increase the number of well-trained and pedagogically effective Native American language speakers in teaching and other education professions that serve Indian people;
 (2)to provide ongoing training and professional development to Native American immersion and language instructors to improve their linguistic and pedagogical skills; and
 (3)to support the efforts of American Indian and Alaska Native communities to effectively revitalize, maintain, and teach their languages, as envisioned in the Native American Languages Act (25 U.S.C. 2901 et seq.) and section 803C of the Native American Programs Act of 1974 (42 U.S.C. 2991b–3).
 (b)Definition of eligible institutionIn this section, the term eligible institution means any of the following: (1)A Tribal College or University as defined in section 316.
 (2)A Native American-serving, nontribal institution as defined in section 319(b). (3)An Alaska Native-serving institution as defined in section 317(b).
 (4)A Native Hawaiian-serving institution as defined in section 317(b). (5)A consortium of any of the institutions described in paragraphs (1) through (4).
										(c)Grant program authorized
 (1)In generalThe Secretary shall establish a program, to be known as the Native American Language Teacher Training Program, under which the Secretary shall provide grants, on a competitive basis, to eligible institutions to promote the recruitment and training of Native immersion and language teachers to further support the revitalization, maintenance, and use of Native American languages in the classroom.
 (2)DurationA grant under paragraph (1) shall be for a period of not more than 5 years. (3)Application (A)In generalTo be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require.
											(B)Application paperwork reduction
 (i)The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section.
 (ii)The Secretary shall not require any Tribal College or University, as defined in section 316, applying individually for a grant under this section, to submit any separate, preliminary, or additional grant eligibility application or information because of the institution's status as a Tribal College or University.
 (C)InclusionAn application under this paragraph shall include a plan for the program proposed to be carried out by the eligible institution, including—
 (i)a description of a 5-year strategy for meeting the Native immersion teacher recruitment and training needs of American Indians or Alaska Natives, as appropriate, in the population served by the institution, including a description of any partnerships with tribal, local, or Bureau-operated educational agencies;
 (ii)an identification of the American Indian or Alaska Native population to be served by the eligible institution;
 (iii)an identification of the status of the target Native American language or languages used within the population;
 (iv)a description of the professional development and degree services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities and programs; and
 (v)a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution carrying out the program.
 (D)RequirementA program plan under subparagraph (C) shall be consistent with the purposes of this section, as determined by the Secretary.
											(d)Use of funds
 (1)Required activitiesA grantee shall use grant funds provided under this section to carry out the following activities: (A)Development of a new Native American immersion and language teacher training program that leads to State or tribal teacher certification.
 (B)Support and expansion of an existing Native American immersion and language teacher training program that leads to a State or tribal teacher certification.
 (C)Development and delivery of professional development workshops and courses aimed at improving the immersion and language acquisition pedagogical practices of Native American immersion and language teachers.
 (2)Allowable activitiesA grantee may use grant funds provided under this section to carry out additional activities, including—
 (A)curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in prekindergarten through grade 12;
 (B)development and establishment of a national Native American immersion and language teacher best practices guideline or certification;
 (C)professional development for institutional faculty or for elementary and secondary education administrators and educational support staff; and
 (D)innovative Native American language and immersion program classroom research for students in prekindergarten through grade 12.
 (e)Concurrent fundingAn eligible institution that receives a grant under this section may concurrently receive funds under section 316, 317, or 319.
 (f)Authorization of appropriationsThere is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2017 through 2021..


		I
		111th CONGRESS
		2d Session
		H. R. 6239
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Smith of Texas
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide targeted liability protections for claims
		  based on damages resulting from, or aggravated by, the inclusion of ethanol in
		  certain fuel, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Prevention of Frivolous Ethanol
			 Lawsuits Act of 2010.
		2.FindingsThe Congress finds as follows:
			(1)Ethanol is
			 currently widely distributed in commerce for general use in all conventional
			 gasoline-powered onroad and nonroad vehicles and nonroad engines in widespread
			 use.
			(2)A
			 decision to increase the current blending limit of ethanol into gasoline for
			 motor vehicle and equipment engines requires an agency finding that the
			 increased emission products will not cause or contribute to a failure of any
			 emission control device or system (over the useful life of the motor vehicle,
			 motor vehicle engine, nonroad engine or nonroad vehicle in which such device or
			 system is used).
			(3)Significant
			 questions and concerns exist as to the effects of increasing the current
			 blending limit of ethanol into gasoline for motor vehicle and equipment engines
			 on the performance of such engines.
			(4)Effects such as
			 increased engine failures, decreased engine performance, increased consumer
			 complaints, increased litigation, or other unforeseen effects could have a
			 significant impact on interstate commerce.
			(5)The Federal Trade
			 Commission has proposed labeling requirements for all fuels distributed in
			 commerce that exceed the current blending limit of ethanol into gasoline to
			 disclose to consumers that using such fuels may harm some conventional
			 vehicles.
			(6)A
			 multifaceted Federal testing regimen is currently underway on newer motor
			 vehicles to determine the effects on motor vehicle engines of increasing the
			 current blending limit of ethanol into gasoline.
			(7)There is
			 insufficient data on the effects of increasing the current blending limit of
			 ethanol into gasoline on older vehicles and nonroad engines.
			(8)Nonetheless, the
			 executive branch has—
				(A)statutory
			 authority to increase the current blending limit of ethanol into gasoline;
			 and
				(B)is currently
			 undertaking a process to reach a decision on this issue.
				(9)It is appropriate
			 for Congress to mitigate undue effects on parties engaged in interstate
			 commerce resulting from a Federal decision to allow an increase of the current
			 blending limit of ethanol into gasoline.
			3.Targeted
			 liability protections for claims based on damages resulting from, or aggravated
			 by, the inclusion of ethanol in certain fuel
			(a)Liability
			 protections
				(1)In
			 generalSubject to the other provisions of this section, a
			 covered entity shall be immune from suit and liability under Federal and State
			 law with respect to all claims for loss resulting from, or being aggravated by,
			 the use of any renewable fuel, as defined by section 211(o)(1) of the Clean Air
			 Act, and containing ethanol in concentrations of greater than 10 percent,
			 pursuant to a waiver under section 211(f)(4) of the Clean Air Act, to operate
			 an internal combustion engine.
				(2)Scope of claims
			 for lossFor purposes of this section, the term
			 loss means any type of loss, including—
					(A)death;
					(B)physical, mental,
			 or emotional injury, illness, disability, or condition;
					(C)fear of physical,
			 mental, or emotional injury, illness, disability, or condition, including any
			 need for medical monitoring; and
					(D)loss of or damage
			 to property, including business interruption loss.
					Each of
			 subparagraphs (A) through (D) applies without regard to the date of the
			 occurrence, presentation, or discovery of the loss described in the
			 subparagraph.(3)ScopeThe
			 immunity under paragraph (1) applies to any claim for loss that has a causal
			 relationship with the use of any renewable fuel, as defined by section
			 211(o)(1) of the Clean Air Act, and containing ethanol in concentrations of
			 greater than 10 percent, pursuant to a waiver under section 211(f)(4) of the
			 Clean Air Act, to operate an internal combustion engine including a causal
			 relationship with the design, development, testing or investigation,
			 manufacture, labeling, distribution, formulation, packaging, marketing,
			 promotion, sale, purchase, dispensing, administration, licensing, or use of
			 such renewable fuel.
				(b)Exception to
			 immunity of covered persons
				(1)In
			 generalSubject to subsection (i), the sole exception to the
			 immunity from suit and liability of covered persons set forth in subsection (a)
			 shall be for an exclusive Federal cause of action against a covered person for
			 death or serious physical injury proximately caused by willful misconduct, as
			 defined pursuant to subsection (c), by such covered person. For purposes of
			 section 2679(b)(2)(B) of title 28, United States Code, such a cause of action
			 is not an action brought for violation of a statute of the United States under
			 which an action against an individual is otherwise authorized.
				(2)Persons who can
			 sueAn action under this subsection may be brought for wrongful
			 death or serious physical injury by any person who suffers such injury or by
			 any representative of such a person.
				(c)Procedures for
			 suit
				(1)Exclusive
			 federal jurisdictionAny action under subsection (b) shall be
			 filed and maintained only in the United States District Court for the District
			 of Columbia.
				(2)Governing
			 lawThe substantive law for decision in an action under
			 subsection (b) shall be derived from the law, including choice of law
			 principles, of the State in which the alleged willful misconduct occurred,
			 unless such law is inconsistent with or preempted by Federal law, including
			 provisions of this section.
				(3)Pleading with
			 particularityIn an action under subsection (b), the complaint
			 shall plead with particularity each element of the plaintiff’s claim,
			 including—
					(A)each act or
			 omission, by each covered person sued, that is alleged to constitute willful
			 misconduct;
					(B)facts supporting
			 the allegation that such alleged willful misconduct proximately caused the
			 injury claimed; and
					(C)facts supporting
			 the allegation that the person on whose behalf the complaint was filed suffered
			 death or serious physical injury.
					(4)Verification
			 requirement
					(A)In
			 generalThe complaint shall include a verification, made by
			 affidavit of the plaintiff under oath, stating that the pleading is true to the
			 knowledge of the deponent, except as to matters specifically identified as
			 being alleged on information and belief, and that as to those matters the
			 plaintiff believes it to be true.
					(B)Identification
			 of matters alleged upon information and beliefAny matter that is
			 not specifically identified as being alleged upon the information and belief of
			 the plaintiff, shall be regarded for all purposes, including a criminal
			 prosecution, as having been made upon the knowledge of the plaintiff.
					(5)Proof of willful
			 misconductIn an action under
			 subsection (b), the plaintiff shall have the burden of proving by clear and
			 convincing evidence willful misconduct by each covered person sued.
				(6)Three-judge
			 courtAny action under subsection (b) shall be assigned initially
			 to a panel of three judges. Such panel shall have jurisdiction over such action
			 for purposes of considering motions to dismiss, motions for summary judgment,
			 and matters related thereto. If such panel has denied such motions, or if the
			 time for filing such motions has expired, such panel shall refer the action to
			 the chief judge for assignment for further proceedings, including any trial.
			 Section 1253 of title 28, United States Code, and paragraph (3) of subsection
			 (b) of section 2284 of title 28, United States Code, shall not apply to actions
			 under subsection (b).
				(7)Civil
			 discoveryIn an action under subsection (b), no discovery shall
			 be allowed—
					(A)before each
			 covered person sued has had a reasonable opportunity to file a motion to
			 dismiss;
					(B)in the event such
			 a motion is filed, before the court has ruled on such motion; and
					(C)in the event a
			 covered person files an interlocutory appeal from the denial of such a motion,
			 before the Court of Appeals has ruled on such appeal.
					(d)StandardNotwithstanding
			 any other provision of law, the court in an action under subsection (b) shall
			 permit discovery only with respect to matters directly related to material
			 issues contested in such action, and the court shall compel a response to a
			 discovery request (including a request for admission, an interrogatory, a
			 request for production of documents, or any other form of discovery request)
			 under rule 37, Federal Rules of Civil Procedure, only if the court finds that
			 the requesting party needs the information sought to prove or defend as to a
			 material issue contested in such action and that the likely benefits of a
			 response to such request equal or exceed the burden or cost for the responding
			 party of providing such response.
			(e)Reduction in
			 award of damages for collateral source benefits
				(1)In
			 generalIn an action under subsection (b), the amount of an award
			 of damages that would otherwise be made to a plaintiff shall be reduced by the
			 amount of collateral source benefits to such plaintiff.
				(2)Noneconomic
			 damagesIn an action under subsection (b), any noneconomic
			 damages may be awarded only in an amount directly proportional to the
			 percentage of responsibility of a defendant for the harm to the plaintiff. For
			 purposes of this paragraph, the term noneconomic damages means
			 damages for losses for physical and emotional pain, suffering, inconvenience,
			 physical impairment, mental anguish, disfigurement, loss of enjoyment of life,
			 loss of society and companionship, loss of consortium, hedonic damages, injury
			 to reputation, and any other nonpecuniary losses.
				(f)Rule 11
			 sanctionsWhenever a district court of the United States
			 determines that there has been a violation of rule 11 of the Federal Rules of
			 Civil Procedure in an action under subsection (b), the court shall impose upon
			 the attorney, law firm, or parties that have violated rule 11 or are
			 responsible for the violation, an appropriate sanction, which may include an
			 order to pay the other party or parties for the reasonable expenses incurred as
			 a direct result of the filing of the pleading, motion, or other paper that is
			 the subject of the violation, including a reasonable attorney’s fee. Such
			 sanction shall be sufficient to deter repetition of such conduct or comparable
			 conduct by others similarly situated, and to compensate the party or parties
			 injured by such conduct.
			(g)Interlocutory
			 appealThe United States Court of Appeals for the District of
			 Columbia Circuit shall have jurisdiction of an interlocutory appeal by a
			 covered person taken within 30 days of an order denying a motion to dismiss or
			 a motion for summary judgment based on an assertion of the immunity from suit
			 conferred by subsection (a) or based on an assertion of the exclusion under
			 subsection (h)(1).
			(h)Exclusion for
			 regulated activity of manufacturer or distributor
				(1)In
			 generalIf an act or omission by a manufacturer or distributor
			 with respect to a covered countermeasure, which act or omission is alleged
			 under subsection (b)(1) to constitute willful misconduct, is subject to
			 regulation by the Clean Air Act, such act or omission shall not constitute
			 willful misconduct for purposes of subsection (b) if—
					(A)neither the
			 Administrator of the Environmental Protection Agency nor the Attorney General
			 has initiated an enforcement action with respect to such act or omission;
			 or
					(B)such an
			 enforcement action has been initiated and the action has been terminated or
			 finally resolved without a covered remedy.
					Any action
			 or proceeding under subsection (b) shall be stayed during the pendency of such
			 an enforcement action.(i)Actions by and
			 against the United StatesNothing in this section shall be
			 construed to abrogate or limit any right, remedy, or authority that the United
			 States or any agency thereof may possess under any other provision of law or to
			 waive sovereign immunity or to abrogate or limit any defense or protection
			 available to the United States or its agencies, instrumentalities, officers, or
			 employees under any other law, including any provision of chapter 171 of title
			 28, United States Code (relating to tort claims procedure).
			(j)DefinitionsIn
			 this section, the following definitions apply:
				(1)Covered
			 entityThe term covered entity means an entity
			 engaged in the manufacture, sale or distribution of fuel or products which use
			 renewable fuel, as defined by section 211(o)(1) of the Clean Air Act.
				(2)Enforcement
			 actionThe term enforcement action means a
			 criminal prosecution, an action seeking an injunction, a seizure action, a
			 civil monetary proceeding based on willful misconduct, a mandatory recall of a
			 product because voluntary recall was refused, a proceeding to compel repair or
			 replacement of a product, a debarment proceeding, an investigator
			 disqualification proceeding where an investigator is an employee or agent of
			 the manufacturer.
				(3)Covered
			 remedyThe term covered remedy means an
			 outcome—
					(A)that is a criminal
			 conviction, an injunction, or a condemnation, a civil monetary payment, a
			 debarment; and
					(B)that results from
			 a final determination by a court or from a final agency action.
					(4)FinalThe
			 terms final and finally—
					(A)with respect to a
			 court determination, or to a final resolution of an enforcement action that is
			 a court determination, mean a judgment from which an appeal of right cannot be
			 taken or a voluntary or stipulated dismissal; and
					(B)with respect to an
			 agency action, or to a final resolution of an enforcement action that is an
			 agency action, mean an order that is not subject to further review within the
			 agency and that has not been reversed, vacated, enjoined, or otherwise
			 nullified by a final court determination or a voluntary or stipulated
			 dismissal.
					(5)Willful
			 misconductThe term
			 willful misconduct—
					(A)shall not, for purposes of subsection (b),
			 denote an act or omission that is taken pursuant to regulations or guidance
			 promulgated in response to a full or partial waiver of the requirements of the
			 Clean Air Act with respect to ethanol-gasoline blends of more than 10 percent
			 by volume ethanol; but
					(B)shall, for
			 purposes of subsection (b), denote an act or omission that is taken—
						(i)intentionally to
			 achieve a wrongful purpose;
						(ii)knowingly without
			 legal or factual justification; and
						(iii)in
			 disregard of a known or obvious risk that is so great as to make it highly
			 probable that the harm will outweigh the benefit.


117 S261 IS: All Dependents Count Act of 2021
U.S. Senate
2021-02-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 261IN THE SENATE OF THE UNITED STATESFebruary 4, 2021Ms. Smith (for herself, Mr. Brown, Mr. Van Hollen, Mr. Blumenthal, Mr. Merkley, Ms. Klobuchar, Ms. Warren, Mr. Luján, Mrs. Gillibrand, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo allow 2020 recovery rebates with respect to qualifying children over the age of 16 and other dependents.1.Short titleThis Act may be cited as the All Dependents Count Act of 2021. 2.2020 recovery rebates with respect to qualifying children over the age of 16 and other dependents(a)Initial rebates(1)In generalSection 6428(a)(2) of the Internal Revenue Code of 1986 is amended by striking qualifying children (within the meaning of section 24(c)) and inserting dependents (as defined in section 152).(2)Conforming amendments(A)Section 6428(g)(1)(C) of such Code is amended—(i)by striking qualifying child each place it appears and inserting dependent, and(ii)by striking Qualifying child in the heading and inserting Dependent.(B)Section 6428(g)(3)(B) of such Code is amended—(i)by inserting dependent or before qualifying child, and(ii)by striking such child and inserting such individual.(b)Additional rebates(1)In generalSection 6428A(a)(2) of the Internal Revenue Code of 1986 is amended by striking qualifying children (within the meaning of section 24(c)) and inserting dependents (as defined in section 152).(2)Conforming amendments(A)Section 6428A(g)(3) of such Code is amended—(i)by striking qualifying child each place it appears and inserting dependent, and(ii)by striking Qualifying child in the heading and inserting Dependent.(B)Section 6428(g)(4) of such Code is amended—(i)by inserting dependent or before qualifying child, and(ii)by striking such child and inserting such individual.(C)Section 6428(f)(2)(B) of such Code is amended by striking qualifying child and inserting dependent.(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. (d)Advanced paymentsNotwithstanding sections 6428(f)(3) and 6428A(f)(3)(A) of the Internal Revenue Code of 1986, the Secretary of the Treasury (or the Secretary's delegate) shall refund or credit any overpayment attributable to the amendments made by this section as rapidly as possible, except that no refund or credit shall be made under section 6428(f) or 6428A(f) of such Code by reason of this subsection after December 31, 2021.