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108hr5386ih
except— (1) to the degree the productivity of individual inmates or subgroups of inmates can be reasonably demonstrated to lag that of civilian workers in the locality, and then only for the period during which their productivity lags, as demonstrated on an annual basis and certified by the Department of Employment Ser...
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provided that— (A) the reduction in any inmate’s wage is no more than 50 percent of the difference between the Federal minimum wage and the determined prevailing wage; (B) the full value of the reduction, to the limit of the prescribed deduction, is credited to the inmate in lieu of deductions for board and room; (C) t...
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or (3) during the first 24 months of a new firm or new Class B industry’s operation in a correctional facility. (c) Reasonable measures In all instances justifying sub-prevailing wages because of reduced productivity, the host correctional facility will have in place reasonable measures including, but not limited to, ...
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(d) Notice No facility may contract with or establish a firm employing inmates at less than prevailing wages unless it has first by public notice in the Federal Register and by other effective means offered opportunities to all firms to compete for employment of inmates at the facility. 6. Incentives to trade organiza...
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(b) Purpose The purpose of a matching grant under subsection (a) shall be to encourage investment and innovation in bringing inmates into successful open market employment. (c) Grant amounts and terms A matching grant under subsection (a) may be made for not more than five years, in an amount not to exceed $200,000 p...
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Inmate financial responsibilities (a) In general Chapter 307 of title 18, United States Code, is amended by adding after section 4124F (as added by section 5) the following new section: 4124G. Inmate financial responsibilities (a) In general The Attorney General shall facilitate the success of each inmate in meetin...
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In particular, the Director of the Bureau of Prisons shall coordinate with working inmates and courts, family services, and offices of child support enforcement to ensure victim compensation, restitution, family support, establishment of paternity and reasonable child support orders, payment toward any other court-orde...
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(b) Class B deductions Deductions may be made from the earnings of an inmate in a Class B industry only for taxes and normal payroll deductions, court-ordered deductions for any purpose, victim compensation, restitution, family support, child and family support, and contributions to costs of incarceration. Deductions ...
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The Attorney General may require and monitor savings, and Federal Prison Industries shall encourage prudent interest-earning savings. Inmates shall have full access to Federal Prisons credit union savings or investment accounts on terms identical to those offered civilian employees for all required savings. Although sa...
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(c) Class C deductions Deductions may be made from the earnings of an inmate in a Class C industry in the same manner as deductions may be made from the earnings of an inmate in a Prison Industry Enhancement Certification program of the Department of Justice.. (b) Clerical amendment The table of sections at the begin...
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Inmate financial responsibilities (a) In general The Attorney General shall facilitate the success of each inmate in meeting reasonably proportioned financial obligations to the victims of that inmate, the children and family of that inmate, to taxpayers, and the inmate individually.
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In particular, the Director of the Bureau of Prisons shall coordinate with working inmates and courts, family services, and offices of child support enforcement to ensure victim compensation, restitution, family support, establishment of paternity and reasonable child support orders, payment toward any other court-orde...
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(b) Class B deductions Deductions may be made from the earnings of an inmate in a Class B industry only for taxes and normal payroll deductions, court-ordered deductions for any purpose, victim compensation, restitution, family support, child and family support, and contributions to costs of incarceration. Deductions ...
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The Attorney General may require and monitor savings, and Federal Prison Industries shall encourage prudent interest-earning savings. Inmates shall have full access to Federal Prisons credit union savings or investment accounts on terms identical to those offered civilian employees for all required savings. Although sa...
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(c) Class C deductions Deductions may be made from the earnings of an inmate in a Class C industry in the same manner as deductions may be made from the earnings of an inmate in a Prison Industry Enhancement Certification program of the Department of Justice. 8. Support by other Federal agencies (a) In general From ...
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(b) Inmate and industry rights No Federal inmate and no Class A, Class B, or Class C industry of Federal Prison Industries may be prohibited from obtaining the services of a Federal agency for which that inmate or industry is otherwise qualified, so long as institutional safety and security are preserved.
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(c) Authorization of appropriations There are authorized to be appropriated $50,000 for each of fiscal years 2005 through 2015 for each of the Departments of Commerce, Education, Justice, Health and Human Services, Labor, and Treasury, to identify and begin to effect linkages between Departmental programs and services...
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Rights of inmate workers (a) Establishment of procedures Not later than 1 year after the date of the enactment of this Act, the Director of the Bureau of Prisons shall establish procedures to ensure that inmate workers have the right to form and join a labor organization of their own choice and to engage in collectiv...
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(3) enable inmate workers to initiate collective bargaining upon a showing by petition that a majority of workers of a unit appropriate for collective bargaining wish to be represented by an individual or labor organization (except that bargaining unit determinations will be made in accordance with the requirements of ...
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159(b)(3) )); (4) provide for binding arbitration if the inmate workers and the employer are unable to negotiate an initial collective bargaining agreement in a timely manner; and (5) otherwise afford inmate workers with similar rights to those afforded to employees under the National Labor Relations Act (29 U.S.C. 151...
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The councils shall be for the purposes of— (1) increasing productivity, quality, and income opportunity, including recruiting new firms; (2) representing common workplace interests of inmate employees, including in negotiation with Federal Prison Industries and firm management; and (3) intersite and public communicatio...
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(c) Non-workplace issues excluded Corrections issues whose primary impact is other than the workplace shall not be considered in inmate worker councils. (d) Approval of Class C agreements No agreement for a Class C industry may be approved without review and comment by the facility’s inmate worker council. A council ...
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Before such an agreement is signed, inmate worker council comments and recommendations must receive serious consideration by facility management and facility management must submit a formal reply to the council on each recommendation. The council, at its discretion, may publish the recommendations and response in their...
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11. Business councils (a) In general The Attorney General shall facilitate creation of councils of entities operating Class B or C industries in Federal correctional institutions. The councils shall be for the purposes of improving efficiency, competitiveness, employment, and profitability of such entities, improving...
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12. Workplace discipline and workplace issues (a) In general This Act and the amendments made by this Act apply solely to workplace operations in correctional facilities regarding the production of goods and services for agencies or open markets other than the operation of the specific correctional facility. They do ...
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(b) Protection Except where a specific workplace action can be shown to directly threaten or harm correctional safety or security, workplace issues involving inmates in Class A, B, or C industries must be addressed solely in the workplace with no correctional consequence. Correctional disciplinary procedures and trans...
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Correctional institution locations In locating new correctional institutions, the Attorney General will favorably consider locations that increase or maximize Federal inmates’ opportunities for successful open-market employment and competitive participation in the United States economy, along with opportunities for ed...
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Research and pilot program support There are authorized to be appropriated to the Federal Bureau of Prisons, to assist the Federal Bureau of Prisons in transitioning to successful open-market participation for inmates and industries, $2,000,000 for each of fiscal years 2006 through 2015, to be available for— (1) exter...
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Annual public reports (a) Accounting report Not later than June 30 of each year, the Attorney General shall publish a report, broken down by Class A, B, and C industries, on Federal Prison Industries. The report shall include— (1) numbers of working inmates by industry and occupation; (2) distributions of hours worke...
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(b) Publications by private firms With the exception of inmate wage disclosure, the Attorney General shall not require private firms employing inmates to publish information which would both— (1) not otherwise be required; and (2) could reasonably be construed to harm the firm’s competitive position. (c) Major events ...
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The report shall— (1) identify all significant events and decisions affecting inmate work opportunity, conditions of work, pay and benefits, and events affecting inmate participation in the workplace; and (2) include an annual national report prepared by inmate worker and business councils including whatever informatio...
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1. Running of periods of limitation suspended pending service-connected compensation determinations (a) In general Section 6511 of the Internal Revenue Code of 1986 (relating to limitation on credit or refund) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the follo...
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title 38, United States Code, the running of the periods specified in subsections (a), (b), and (c) with respect to the individual shall be suspended during the period beginning on the date the individual submits a claim for such compensation and ending on the date of the determination by the Secretary of Veterans Affa...
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(2) Waiver of limitations (A) In general If the credit or refund of any overpayment of tax resulting from a determination described in subparagraph (B) is prevented at any time by the operation of any law or rule of law (including res judicata), such credit or refund may nevertheless be allowed or made if the claim t...
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(B) Determination described A determination is described in this subparagraph if the determination is made by the Secretary of Veterans Affairs under chapter 11 of title 38, United States Code, after December 31, 1995.
108hr5096ih
1. Short title This Act may be cited as the Flagship Species Conservation Act of 2004. 2. Findings and purpose (a) Findings The Congress finds the following: (1) Numerous species of fauna have continued to decline to the point that the long-term survival of those species in the wild is in serious jeopardy. (2) Many ...
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1533 ) or in Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) There are insufficient resources available for addressing the threats facing those species, which will require the joint commitment and effort of countries within the range of those species, the Uni...
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(4) The grant programs established by the Congress for tigers, rhinoceroses, Asian elephants, African elephants, great apes, neotropical migratory birds, and marine turtles have proven to be extremely successful, provide Federal funds for conservation projects in an efficient and expeditious manner, and encourage addit...
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(5) A new grant program modeled on the existing programs for tigers, rhinoceroses, elephants, great apes, neotropical migratory birds, and marine turtles would provide an effective means to assist in the conservation of flagship species for which there are no existing grant programs. (b) Purpose The purpose of this Ac...
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Definitions In this Act: (1) Account The term Fund means the Flagship Species Conservation Fund established by section 5. (2) CITES The term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its append...
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(3) Conservation The term conservation means the use of methods and procedures necessary to bring a flagship species to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including— (A) protection and management of populations of a flagship species; (B) ...
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(5) Flagship species The term flagship species — (A) subject to subparagraph (B), means a species of fish or wildlife— (i) that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C.
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1533 ) or that is listed in Appendix I or II of CITES; (ii) whose range is wholly outside of the United States; and (iii) that appeals to the public and has other features that make it suitable for communicating conservation concerns; and (B) does not include African elephants, Asian elephants, rhinoceros, tigers, grea...
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(6) Multinational species conservation fund The term Multinational Species Conservation Fund means the fund established under the heading multinational species conservation fund in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 4246 ). (7) Secretary The term Secret...
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Flagship species conservation assistance (a) In general Subject to the availability of funds, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of that flagship species throughout the world, for which project proposals are approved by the Secretary in accord...
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(b) Project proposals (1) Eligible applicants A proposal for a project for the conservation of a flagship species may be submitted to the Secretary by— (A) any relevant wildlife management authority of a country that has within its boundaries any part of the range of a flagship species, if the agency has authority ov...
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(2) Required information A project proposal shall include— (A) the name of the individual with primary responsibility for conducting the project; (B) a succinct statement of— (i) the purposes of the project and the methodology for implementing the project, including an assessment of the status of the flagship species ...
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(E) evidence of support for the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (F) information regarding the source and amount of matching funds available for the project; and (G)...
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(c) Project review and approval (1) In general The Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria spe...
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(2) Consultation; approval or disapproval Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other Federal officials, as appropriate, shall— (A) consult on the proposal with the government of each country in which the project is to...
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(d) Criteria for approval The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs. (e) Project sustainability To the max...
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(g) Project reporting (1) In general Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after consultation with other government officials, determines is ...
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Flagship species conservation fund (a) Establishment There is established in the Multinational Species Conservation Fund a separate account to be known as the Flagship Species Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2...
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(b) Expenditures from fund (1) In general Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 4. (2) Administrative expenses Of th...
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(c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligati...
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(3) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amount...
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(2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations The Secretary may accept and use donations to provide assistance under section 4. Amounts receive...
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Advisory group (a) In general To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of flagship species. (b) Public participation (1) Meetings The Advisory Group shall— (A) ensure ...
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(3) Minutes Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption from Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. 7. Authorization of appropriations There is a...
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Report to congress Not later than October 1, 2005, the Secretary shall submit to the Congress a report on the results and effectiveness of the program carried out under this Act, including— (1) recommendations concerning how this Act might be improved, including guidelines for determining species that are flagship spe...
108hr5318ih
1. Recognition as corporation and grant of Federal charter for national American Indian veterans, incorporated (a) In general Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: 1504 National American Indian veterans, incorporated Sec 150401. O...
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Exclusive right to name, seals, emblems, and badges 150409. Restrictions 150410. Duty to maintain tax-exempt status 150411. Records and inspection 150412. Service of process 150413. Liability for acts of officers and agents 150414. Failure to comply with requirements 150415. Annual report 150401. Organization The Nati...
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Purposes The purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian, Alaska Native, and Native Hawaiian Nations; (2) to unit...
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(4) to promote social welfare (including educational, economic, social, physical, cultural values, and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advoca...
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and Native Hawaiian veterans and American society; and (7) to provide technical assistance to the 12 regional areas without veterans committees or organizations and programs by— (A) providing outreach service to those Tribes in need; and (B) training and educating Tribal Veterans Service Officers for those Tribes in ne...
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Board of directors Subject to section 150406 of this title, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers Subject to ...
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Nondiscrimination In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. P...
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Exclusive right to name, seals, emblems, and badges (a) In general The corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Constructio...
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(b) Distribution of income or assets (1) No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of the charter granted by this chapter. (2) Nothing in this subsection shall be construed t...
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(d) No Federal endorsement The corporation shall not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of its activities. 150410. Duty to maintain tax-exempt status The corporation shall maintain its status as an organization exempt from taxation as ...
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Records and inspection (a) Records The corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors; and (3) at its principal office,...
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(b) Inspection (1) All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (2) Nothing in this section shall be construed to contravene the laws of the jurisdiction under which the corp...
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Service of process With respect to service of process, the corporation shall comply with the laws of the jurisdiction under which the corporation is incorporated and those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. 1...
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Failure to comply with requirements If the corporation fails to comply with any of the restrictions or provisions of this chapter, including the requirement under section 150410 of this title to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annua...
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(b) Submittal date Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b) of this title. (c) Report not public document No annual report under this section shall be printed as a public document.. (b) Clerical amendment The ...
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Organization The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (in this chapter referred to as the corporation ), is a federally chartered corporation. 150402. Purposes The purposes of the corporation are those stated in its articles of incorporation, constitu...
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(3) to be an advocate on behalf of all American Indian, Alaska Native, and Native Hawaiian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, cultural values, and traditional healing) in the United Sta...
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or survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between the American Indian, Alaska Native, and Native Hawaiian veterans and American society; and (7) to provide technical assistance to t...
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Membership Subject to section 150406 of this title, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and by-laws of the corporation. 150404. Board of directors Subject to section 150406 of this title, the board of directors of the corpor...
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Officers Subject to section 150406 of this title, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination In est...
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Powers The corporation shall have only those powers granted the corporation through its articles of incorporation and its constitution and bylaws which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges (a) In general ...
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150409. Restrictions (a) Stock and dividends The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (b) Distribution of income or assets (1) No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corpora...
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(2) Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans The corporation shall not make any loan to any officer, director, member, ...
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Duty to maintain tax-exempt status The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. 150411. Records and inspection (a) Records The corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proc...
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(b) Inspection (1) All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (2) Nothing in this section shall be construed to contravene the laws of the jurisdiction under which the corp...
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Service of process With respect to service of process, the corporation shall comply with the laws of the jurisdiction under which the corporation is incorporated and those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. 1...
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Failure to comply with requirements If the corporation fails to comply with any of the restrictions or provisions of this chapter, including the requirement under section 150410 of this title to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annua...
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(b) Submittal date Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b) of this title. (c) Report not public document No annual report under this section shall be printed as a public document.
108hr5368ih
1. Suspension of duty on ACRYPET UT100 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.xx.xx Methyl methacrylate polymer with N-cyclohexylmaleimide, styrene, and alpha-methylstyrene (Cas No.
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107194–09–2) (provided for in subheading 3906.10.00) Free No change No change On or before 12/31/2007 (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
108hr3891ih
1. Use of redevelopment bonds for environmental remediation (a) Environmental remediation included as redevelopment purpose Subparagraph (A) of section 144(c)(3) of the Internal Revenue Code of 1986 (relating to redevelopment purposes) is amended by striking and at the end of clause (iii), by striking the period at t...
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and by adding at the end the following new clause: (v) the costs of environmental remediation (as defined in paragraph (9)(B)) with respect to a qualified contaminated site (as defined in paragraph (9)(C)) if such costs are incurred pursuant to an environmental remediation plan which was approved by the Administrator o...
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(b) Certain requirements not to apply to redevelopment bonds for environmental remediation Subsection (c) of section 144 of such Code is amended by adding at the end the following new paragraph: (9) Redevelopment bonds for environmental remediation For purposes of clause (v) of paragraph (3)(A)— (A) Certain requireme...
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(ii) paragraph (2)(A)(ii) shall not apply to any issue issued by the governing body described in paragraph (4)(A) with respect to the area which includes the site, (iii) the requirement of paragraph (2)(B)(ii) shall be treated as met if— (I) the payment of the principal and interest on such issue is secured by taxes im...
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or (II) such issue is approved by the applicable elected representative (as defined in section 147(f)(2)(E)) of the governmental unit which issued such issue (or on behalf of which such issue was issued), (iv) subparagraphs (C) and (D) of paragraph (2) shall not apply, (v) subparagraphs (C) and (D) of paragraph (4) sha...
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such clause shall apply only if the requirements of section 142(d) or 143 (as the case may be) are met with respect to such units. (B) Environmental Remediation The term environmental remediation means— (i) abatement or control of hazardous substances (as defined by section 101 of the Comprehensive Environmental Respo...
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9601 )), (ii) demolition of existing contaminated structures, permit fees necessary for remediation, and environmental audits, (iii) health assessments or health effects studies related to the site, and (iv) remediation of off-site contamination caused by activity on the site (other than remediation activities of a typ...
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(ii) the contaminated site has not been in productive use for at least 1 year before such funding, (iii) there is a strong likelihood of redevelopment of the site for industrial or commercial use that will result in creation of jobs and expansion of the tax base, and (iv) environmental remediation and redevelopment are...
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(c) Penalty for failure to satisfactorily complete remediation plan Subsection (b) of section 150 of such Code is amended by adding at the end thereof the following new paragraph: (7) Qualified contaminated site remediation bonds In the case of financing provided for costs described in section 144(c)(3)(A)(v),
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no deduction shall be allowed under this chapter for interest on such financing during any period during which there is a determination by the Administrator of the Environmental Protection Agency (or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's fun...