109 HR 4565 IH: Angels Nurture Growing Entrepreneurs into Long-term Successes (ANGELS) Act
U.S. House of Representatives
2005-12-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 4565
IN THE HOUSE OF REPRESENTATIVES

December 15, 2005
Ms. Velázquez (for herself, Mr. Barrow, Ms. Bean, Ms. Bordallo, Mr. Case, Mrs. Christensen, Mr. Davis of Illinois, Mr. Grijalva, Mr. Michaud, Ms. Millender-McDonald, Ms. Moore of Wisconsin, and Ms. Linda T. Sánchez of California) introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Small Business Investment Act of 1958 to establish the Angel Investment Program.

1.Short titleThis Act may be cited as the Angels Nurture Growing Entrepreneurs into Long-term Successes (ANGELS) Act.
2.Establishment of Angel Investment Program
(a)EstablishmentTitle III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following new part:

CAngel Investment Program
380.Office of Angel Investment
(a)EstablishmentThere is established, in the Investment Division of the Small Business Administration, the Office of Angel Investment.
(b)DirectorThe head of the Office of Angel Investment is the Director of Angel Investment.
(c)DutiesSubject to the direction of the Secretary, the Director shall perform the following functions:
(1)Provide support for the development of angel investment opportunities for small business concerns.
(2)Administer the Angel Finance Program under section 381 of this Act.
(3)Administer the Federal Angel Network under section 382 of this Act.
(4)Administer the grant program for the development of angel groups under section 383 of this Act.
(5)Perform such other duties consistent with this section as the Administrator shall prescribe.
381.Angel Finance Program
(a)In generalThe Director of Angel Investment shall establish and carry out a program, to be known as the Angel Finance Program, to provide financing to approved angel groups.
(b)EligibilityTo be eligible to receive financing under this section, an angel group shall—
(1)have demonstrated experience making investments in local or regional small business concerns;
(2)have established protocols and a due diligence process for determining its investment strategy;
(3)have an established code of ethics; and
(4)submit an application to the Director of Angel Investment at such time and containing such information and assurances as the Director may require.
(c)Use of fundsAn angel group that receives financing under this section shall use the amounts received to make investments in small business concerns—
(1)that have been in existence for less than 5 years as of the date on which the investment is made;
(2)that have fewer than 75 employees as of the date on which the investment is made; and
(3)more than 50 percent of the employees of which perform substantially all of their services in the United States as of the date on which the investment is made.
(d)Limitation on amountNo angel group receiving financing under this section shall receive more than $2,000,000.
(e)Priority in providing financingIn providing financing under this section, the Director shall give priority to angel groups that invest in small business concerns owned and controlled by veterans, small business concerns owned and controlled by women, and socially and economically disadvantaged small business concerns.
(f)Geographic distribution of financingIn providing financing under this section, the Director shall, to the extent practicable, provide financing to angel groups that are located in a variety of geographic areas.
(g)Matching requirementAs a condition of receiving financing under this section, the Director shall require that for each small business concern in which the angel group receiving such financing invests, the angel group shall invest an amount that is equal to or greater than the amount of financing received under this section from a source other than the Federal Government that is equal to the amount of the financing provided under this section that the angel group invests in that small business concern.
(h)Repayment of financingAs a condition of receiving financing under this section, the Director shall require an angel group to repay the Director for any investment on which the angel group makes a profit an amount equal to the percentage of the profit that is equal to the percentage of the total amount invested by the angel group that consisted of financing received under this section.
(i)Angel Investment Fund
(1)EstablishmentThere is in the Treasury a fund to be known as the Angel Investment Fund.
(2)Deposit of certain amountsAmounts collected under subsection (h) shall be deposited in the fund.
(3)Use of depositsDeposits in the fund shall be available for the purpose of providing financing under this section in the amounts specified in annual appropriation laws without regard to fiscal year limitations.
(j)DefinitionsIn this section:
(1)The term small business concern owned and controlled by veterans has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).
(2)The term small business concern owned and controlled by women has the meaning given that term under section 8(d)(3)(D) of such Act (15 U.S.C. 637(d)(3)(D)).
(3)The term socially and economically disadvantaged small business concern has the meaning given that term under section 8(a)(4)(A) of such Act (15 U.S.C. 637(a)(4)(A)).
(k)Authorization of appropriationsThere is authorized to be appropriated to carry out this section—
(1) $25,000,000 for fiscal year 2007;
(2)$50,000,000 for fiscal year 2008; and
(3)$75,000,000 for fiscal year 2009.
382.Federal Angel Network
(a)In generalSubject to the succeeding provisions of this subsection, the Director of the Office of Angel Investment shall establish and maintain a searchable database, to be known as the Federal Angel Network, to assist small business concerns in identifying angel investors.
(b)Network contentsThe Federal Angel Network shall include—
(1)a list of the names and addresses of angel groups and angel investors;
(2)information about the types of investments each angel group or angel investor has made; and
(3)information about other public and private resources and registries that provide information about angel groups or angel investors.
(c)Collection of information
(1)In generalThe Director shall collect the information to be contained in the Federal Angel Network and shall ensure that such information is updated regularly.
(2)Request for exclusion of informationThe Director shall not include such information concerning an angel investor if that investor contacts the Director to request that such information be excluded from the Network.
(d)AvailabilityThe Director shall make the Federal Angel Network available on the Internet website of the Administration.
(e)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $1,000,000, to remain available until expended.
383.Grant program for development of angel groups
(a)In generalThe Director of the Office of Angel Investment shall establish and carry out a grant program to make grants to eligible entities for the development of new or existing angel groups and to increase awareness and education about angel investing.
(b)Eligible entitiesIn this section, the term eligible entity means—
(1)a State or unit of local government;
(2)a nonprofit organization;
(3)a state mutual benefit corporation;
(4)a Small Business Development Center established pursuant to section 21 of the Small Business Act (15 U.S.C. 648); or
(5)a women’s business center established pursuant to section 29 of the Small Business Act (15 U.S.C. 656).
(c)ApplicationTo receive a grant under this section, an eligible entity shall submit an application that contains—
(1)a proposal describing how the grant would be used; and
(2)any other information or assurances as the Director may require.
(d)ReportNot later than 3 years after the date on which an eligible entity receives a grant under this section, such eligible entity shall submit a report to the Administrator describing the use of grant funds and evaluating the success of the angel group developed using the grant funds.
(e)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $1,500,000, for each of fiscal years 2007 through 2009.
384.DefinitionsIn this part:
(a)The term angel group means two or more angel investors organized for the purpose of making investments in local or regional small business concerns that—
(1)consists primarily of angel investors;
(2)requires angel investors to be accredited investors; and
(3)actively involves the angel investors in evaluating and making decisions about making investments.
(b)The term angel investor means an individual who—
(1)on the basis of such factors as financial sophistication, income, net worth, knowledge, and experience in financial matters, or amount of assets under management, qualifies as an accredited investor under rules and regulations prescribed by the Commissioner of the Securities and Exchange Commission; and
(2)provides capital to or makes investments in a small business concern.  .
3.Tax credit for small business investment
(a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section:

25E.Small business investment
(a)In generalIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 20 percent of the amount paid or incurred for qualified small business investments during the taxable year.
(b)LimitationWith respect to any qualified small business investment in any corporation or partnership, the amount paid or incurred by any taxpayer which is taken into account under subsection (a) shall not exceed $250,000 ($500,000 in the case of a joint return), reduced by the amount taken into account under such subsection with respect to investments by the taxpayer in such corporation or partnership for all prior taxable years.
(c)Qualified small business investmentFor purposes of this section—
(1)In generalThe term qualified small business investment means any small business stock and any small business partnership interest.
(2)Small business stockThe term small business stock means any stock in a domestic corporation acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, if—
(A)such corporation is an eligible small business (as defined in section 41(b)(3)(D)(ii)),
(B)such corporation is engaged primarily in the trade or business of manufacturing, processing, assembling, or researching and developing products or in the trade or business of agriculture, technology, or life science,
(C)such corporation has been in existence for less than 5 years as of such acquisition,
(D)such corporation has fewer than 75 employees as of such acquisition,
(E)more than 50 percent of the corporation’s employees perform substantially all of their services in the United States as of such acquisition, and
(F)such stock is designated by the corporation for purposes of this paragraph.For purposes of subparagraph (E), stock shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to stock issued by such corporation to exceed $750,000, taking into account all taxpayers for all taxable years.
(3)Small business partnership interestThe term small business partnership interest means any capital or profits interest in a domestic partnership acquired by the taxpayer from the partnership solely in exchange for cash, if—
(A)such partnership is an eligible small business (as defined in section 41(b)(3)(D)(ii)),
(B)such partnership is engaged primarily in the trade or business of manufacturing, processing, assembling, or researching and developing products or in the trade or business of agriculture, technology, or life science,
(C)such partnership has been in existence for less than 5 years as of such acquisition,
(D)such partnership has fewer than 75 employees as of such acquisition,
(E)more than 50 percent of the partnership’s employees perform substantially all of their services in the United States as of such acquisition, and
(F)such capital or profits interest is designated by partnership for purposes of this paragraph.For purposes of subparagraph (E), a capital or profits interest shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to interests in such partnership to exceed $750,000, taking into account all taxpayers for all taxable years.
(d)Carryforward of unused creditIf the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under this section. Such excess shall not be taken into account under this subsection for such succeeding taxable year or any taxable year succeeding such year..
(b)Clerical amendmentThe table of sections of such subpart is amended by inserting after the item relating to section 25D the following new item:

Sec. 25E. Small business investment.
(c)Report to CongressThe Secretary of the Treasury shall conduct a study and report to Congress on the effectiveness of the credit allowed under section 25E of the Internal Revenue Code of 1986 (as added by this section), and similar State tax credits, in providing incentives for investment in qualified small businesses. There are authorized to be appropriated $500,000 to carry out the purposes of this subsection.
(d)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


		II
		111th CONGRESS
		1st Session
		S. 711
		IN THE SENATE OF THE UNITED STATES

			March 25, 2009
			Mr. Baucus introduced
			 the following bill; which was read twice and referred to the
			 Committee on Armed
			 Services

		A BILL
		To require mental health screenings for members of the
		  Armed Forces who are deployed in connection with a contingency operation, and
		  for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Post-Deployment Health Assessment
			 Act of 2009.
		2.Mental health
			 screenings for members of the Armed Forces deployed in connection with a
			 contingency operation
			(a)Mental health
			 screenings
				(1)In
			 generalNot later than 180 days after the date of the enactment
			 of this Act, the Secretary of Defense shall issue guidance for the provision of
			 an in-person mental health screening for each member of the Armed Forces who is
			 deployed in connection with a contingency operation as follows:
					(A)At a time during
			 the period beginning 180 days before the date of deployment in connection with
			 the contingency operation and ending 90 days before the date of deployment in
			 connection with the contingency operation.
					(B)At a time during
			 the period beginning 90 days after the date of redeployment from the
			 contingency operation and ending 180 days after the date of redeployment from
			 the contingency operation.
					(C)Subject to
			 subsection (d), not later than each of 6 months, 12 months, and 18 months after
			 the screening provided under subparagraph (B).
					(2)Exclusion of
			 certain membersA mental health screening is not required for a
			 members of the Armed Forces under subparagraphs (B) and (C) of paragraph (1) if
			 the Secretary determines that the member was not subjected or exposed to combat
			 stress during deployment in the contingency operation concerned.
				(b)PurposeThe
			 purpose of the mental health screenings provided pursuant to this section shall
			 be to identify Post Traumatic Stress Disorder (PTSD), suicidal tendencies, and
			 other behavioral health issues identified among members of the Armed Forces
			 described in subsection (a) in order to determine which such members are in
			 need of additional care and treatment for such health issues.
			(c)Elements
				(1)In
			 generalThe mental health screenings provided pursuant to this
			 section shall—
					(A)be performed by
			 personnel trained and certified to perform such screenings in accordance with
			 such criteria as the Secretary of Defense shall establish; and
					(B)include an
			 in-person dialogue between members of the Armed Forces described in subsection
			 (a) and personnel described by paragraph (1) on such matters as the Secretary
			 shall specify in order that the screenings achieve the purpose specified in
			 subsection (b) for such screenings.
					(2)Treatment of
			 current assessments and screeningsThe Secretary may treat
			 periodic health assessments and other in-person screenings that are provided
			 members of the Armed Forces as of the date of the enactment of this Act as
			 meeting the requirements for mental health screenings required under this
			 section if the Secretary determines that such assessments and in-person
			 screenings meet the requirements for mental health screenings established by
			 this section.
				(d)Cessation of
			 screeningsNo mental health screening is required to be provided
			 an individual under subsection (a)(1)(C) after the individual's discharge or
			 release from the Armed Forces.
			(e)Sharing of
			 information
				(1)In
			 generalThe Secretary of Defense shall share with the Secretary
			 of Veterans Affairs such information on members of the Armed Forces that is
			 derived from confidential mental health screenings, including mental health
			 screenings provided pursuant to this section and health assessments and other
			 in-person screenings provided before the date of the enactment of this Act, as
			 the Secretary of Defense and the Secretary of Veterans Affairs jointly consider
			 appropriate to ensure continuity of mental health care and treatment of members
			 of the Armed Forces during their transition from health care and treatment
			 provided by the Department of Defense to health care and treatment provided by
			 the Department of Veterans Affairs.
				(2)ProtocolsAny
			 sharing of information under paragraph (1) shall occur pursuant to a protocol
			 jointly established by the Secretary of Defense and the Secretary of Veterans
			 Affairs for purposes of this subsection. Any such protocol shall be consistent
			 with the following:
					(A)Applicable
			 provisions of the Wounded Warrior Act (title XVI of Public Law 110–181; 10
			 U.S.C. 1071 note), including in particular, section 1614 of that Act (122 Stat.
			 443; 10 U.S.C. 1071 note).
					(B)Section 1720F of
			 title 38, United States Code.
					(f)Contingency
			 operation definedIn this section, the term contingency
			 operation has the meaning given that term in section 101(a)(13) of title
			 10, United States Code.
			(g)Reports
				(1)Report on
			 guidanceUpon the issuance of the guidance required by subsection
			 (a), the Secretary of Defense shall submit to Congress a report describing the
			 guidance.
				(2)Report on
			 implementation of guidanceNot later than one year after the date
			 of the issuance of the guidance required by subsection (a), the Secretary shall
			 submit to Congress a report on the implementation of the guidance by the
			 military departments. The report shall include an evidence-based assessment of
			 the effectiveness of the mental health screenings provided pursuant to the
			 guidance in achieving the purpose specified in subsection (b) for such
			 screenings.


113 HR 3360 IH: To reform Article 32 of the Uniform Code of Military Justice to specify the burden of proof applicable at the investigative hearing, the required qualifications for the investigating officer, the permitted scope of the investigation to assist the convening authority, and the protection of witnesses, and for other purposes.
U.S. House of Representatives
2013-10-28
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.

I113th CONGRESS1st SessionH. R. 3360IN THE HOUSE OF REPRESENTATIVESOctober 28, 2013Mr. Turner introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo reform Article 32 of the Uniform Code of Military Justice to specify the burden of proof applicable at the investigative hearing, the required qualifications for the investigating officer, the permitted scope of the investigation to assist the convening authority, and the protection of witnesses, and for other purposes.1.Pre-trial investigation of charges and specifications under Uniform Code of Military Justice(a)Required investigation; Investigating officerSubsection (a) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended to read as follows:(a)(1)No charge or specification may be referred to a general court-martial for trial until an impartial investigation of the matters set forth therein has been made. The investigation shall be limited to an inquiry to determine whether or not there is probable cause to believe that the accused committed an offense as set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline. The purpose of this investigation shall not be to serve as discovery tool for the accused.(2)An experienced judge advocate certified under section 827(b) of this title (article 27(b)) shall be detailed to conduct the investigation under paragraph (1), except in exceptional cases in which the interests of justice dictate the detailing of an investigating officer who is not a judge advocate. In such exceptional cases, an experienced judge advocate certified under section 827(b) of this title (article 27(b)) shall be detailed to serve as a legal advisor to the investigating officer..(b)Limitations on cross-Examination of witnesses and presentation of evidence by the accusedSubsection (b) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice) is amended—(1)by inserting (1) after (b);(2)by striking the third sentence; and(3)by adding at the end the following new paragraphs:(2)Prior to the investigation, the accused shall be provided the following:(A)Any sworn or signed statement relating to an offense charged that is in the possession of the Government.(B)An opportunity to inspect any books, papers, documents, photographs, tangible objects, buildings, or places, or copies of portions thereof, that are in the possession, custody, or control of military authorities and are intended to be used by the prosecution as evidence at the hearing or were obtained from or belonged to the accused.(C)Any scientific tests or experiments, or copies thereof, that are in the possession, custody, or control of military authorities and are intended to be used by the prosecution as evidence at the hearing.(D)Information regarding of the existence of any evidence known to the Government counsel that reasonably tends to negate the guilt of the accused of an offense charged or reduce the degree of guilt of an offense charged.(3)At the investigation, the accused shall have the opportunity to cross-examine a witness about the matters set forth in the charge or specification if the witness is available, and to present evidence relevant to the investigation. The investigating officer shall examine relevant available witness and relevant evidence requested by the accused.(4)Notwithstanding paragraph (3), if the investigation of charges under this section (article) involves a complaining witness, the complaining witness shall be given the opportunity to testify at the investigation, but shall not be required to testify at the investigation. If the complaining witness declines to testify at the investigation, the complaining witness shall be deemed to be unavailable as a witness for purposes of the investigation.(5)In this subsection, the term complaining witness means a person who—(A)is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being investigated; and(B)is named in one of the specifications..(c)Elimination of entitlement to reinvestigationSubsection (c) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice) is amended by striking unless it is demanded and all that follows through in his own behalf.(d)Application of amendmentsThe amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to charges preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice) on or after the date of the enactment of this Act.


113 HR 647 RH: Achieving a Better Life Experience Act of 2014
U.S. House of Representatives
2014-11-12
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.

		IB
		Union Calendar No. 456
		113th CONGRESS
		2d Session
		H. R. 647
		[Report No. 113–614, Part I]
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2013
			Mr. Crenshaw (for himself, Mr. Van Hollen, Mrs. McMorris Rodgers, Mr. Sessions, Mr. Runyan, Mr. Mica, Ms. Tsongas, Mr. Coffman, Mr. Roe of Tennessee, Mr. Cooper, Mr. Moran, Mr. Harper, Mr. Connolly, Mr. Sarbanes, Ms. Clarke, Mr. Larsen of Washington, Mr. Gerlach, Mr. Larson of Connecticut, Mr. Carson of Indiana, Mr. Tonko, Mr. Cicilline, Mr. Ryan of Ohio, Mr. Young of Florida, Mr. Holt, Mrs. Capps, Mr. Bachus, Mr. McGovern, Ms. Bonamici, Mr. Matheson, Mr. Miller of Florida, Mr. Nunnelee, Mr. Stivers, Mr. Womack, Ms. Herrera Beutler, Mr. Johnson of Ohio, Mrs. Davis of California, Mr. Courtney, Mr. King of New York, Mrs. Hartzler, Mr. McKinley, Mr. Smith of New Jersey, Mr. Vela, Mr. Wolf, Mrs. Capito, Mr. Yarmuth, Ms. Brownley of California, Mr. Yoder, Mr. Rooney, Mr. Marchant, Mrs. Brooks of Indiana, Ms. Norton, Mrs. Bachmann, Mr. Honda, Mr. Meehan, Mr. Benishek, Mr. Poe of Texas, Mr. Welch, Mr. Walberg, and Mr. Deutch) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

			November 12, 2014
			Additional sponsors: Ms. Ros-Lehtinen, Mr. Hastings of Florida, Mr. Meadows, Mr. Schiff, Mr. Capuano, Ms. Duckworth, Mr. Webster of Florida, Mr. Keating, Mr. Barletta, Mr. Himes, Mr. Langevin, Mr. Payne, Mr. Diaz-Balart, Mr. Hanna, Ms. Pingree of Maine, Mr. Posey, Mr. Brady of Pennsylvania, Mr. Clay, Mr. Loebsack, Mr. Markey, Mrs. Roby, Ms. DeLauro, Mr. Price of North Carolina, Mr. Michaud, Mr. Cohen, Mr. Lipinski, Mr. Kennedy, Ms. Brown of Florida, Mr. Castro of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Messer, Mr. Wenstrup, Mr. Carney, Mr. McCaul, Mr. Pearce, Mr. Gallego, Mr. Cárdenas, Mr. Bucshon, Mr. Yoho, Ms. Lofgren, Mrs. McCarthy of New York, Mr. Massie, Mr. Al Green of Texas, Mr. Barber, Mr. Chabot, Mr. Pocan, Mr. Gardner, Mr. Tierney, Mr. O'Rourke, Mr. Culberson, Ms. Castor of Florida, Mr. Graves of Missouri, Mr. Veasey, Mr. Hall, Ms. Wasserman Schultz, Mr. Crawford, Mr. Delaney, Mrs. Blackburn, Mr. Young of Alaska, Mr. Turner, Mr. Richmond, Mr. Lynch, Mr. Cole, Mr. Lowenthal, Mr. Thompson of California, Mr. Goodlatte, Mr. Wilson of South Carolina, Mr. Kline, Mrs. Noem, Mr. Andrews, Mr. Fitzpatrick, Mr. Stutzman, Mr. Fincher, Mr. Bentivolio, Ms. Moore, Ms. Schakowsky, Mr. Ruppersberger, Mr. Hultgren, Ms. Esty, Mr. Butterfield, Mr. Latta, Mr. Calvert, Mr. Cummings, Mr. Rahall, Mr. Gibson, Mr. Rogers of Alabama, Ms. Kuster, Mr. Braley of Iowa, Mr. Luetkemeyer, Ms. DelBene, Mr. Peters of Michigan, Mr. Perlmutter, Mr. Duffy, Mr. Murphy of Pennsylvania, Ms. Frankel of Florida, Mr. Schneider, Mr. Cotton, Mr. Rogers of Kentucky, Ms. Shea-Porter, Mr. Ribble, Mrs. Lowey, Mr. Gibbs, Ms. McCollum, Mr. Pallone, Mr. Ben Ray Luján of New Mexico, Mr. Paulsen, Mrs. Beatty, Mr. Bonner, Mr. Sires, Mr. Rodney Davis of Illinois, Mr. Huizenga of Michigan, Mr. Cuellar, Mr. Salmon, Ms. Edwards, Mr. Cassidy, Mr. Southerland, Mr. Walz, Mr. Nadler, Mr. Doyle, Mr. Blumenauer, Mrs. Carolyn B. Maloney of New York, Ms. Speier, Mr. Doggett, Ms. Michelle Lujan Grisham of New Mexico, Mr. Schock, Ms. Roybal-Allard, Mr. Bilirakis, Mr. Latham, Mr. Wittman, Mr. DeFazio, Mr. Griffin of Arkansas, Mrs. Ellmers, Mr. Rothfus, Mr. Sensenbrenner, Ms. Waters, Ms. Kaptur, Mr. Thompson of Pennsylvania, Mr. Jones, Mr. Lance, Mr. McIntyre, Mr. Forbes, Mr. Owens, Mr. Amodei, Mr. Barr, Ms. Titus, Mr. Palazzo, Mr. Griffith of Virginia, Mr. Schweikert, Ms. Wilson of Florida, Mr. David Scott of Georgia, Mr. Rokita, Mr. Nugent, Mr. Polis, Mr. Ross, Mr. Rigell, Mr. Walden, Mr. Dent, Mr. Grayson, Mr. LaMalfa, Mr. Bishop of Utah, Mr. Buchanan, Mr. Bishop of Georgia, Mrs. Kirkpatrick, Mr. Carter, Ms. Sewell of Alabama, Mr. Whitfield, Mr. Smith of Texas, Mr. Holding, Mr. Fortenberry, Mr. Neugebauer, Mr. Simpson, Mr. Terry, Mr. DeSantis, Mr. Radel, Mr. Pittenger, Mr. Farenthold, Mr. Pascrell, Mrs. Miller of Michigan, Mr. Johnson of Georgia, Ms. Fudge, Mr. McDermott, Mr. Neal, Ms. Granger, Mr. Bishop of New York, Mr. Franks of Arizona, Mr. Cleaver, Mr. Meeks, Mr. Lewis, Mr. Joyce, Mr. Coble, Mr. Visclosky, Mr. Horsford, Mr. Farr, Mr. Vargas, Ms. Lee of California, Mr. Cramer, Mr. Kinzinger of Illinois, Mr. Peterson, Ms. Eshoo, Mr. Peters of California, Mr. Nunes, Mr. Maffei, Mr. Bera of California, Mr. Huffman, Ms. Linda T. Sánchez of California, Ms. Sinema, Mr. Rice of South Carolina, Mr. Ellison, Mr. Murphy of Florida, Mr. Cook, Mr. Jeffries, Ms. Hahn, Mr. Nolan, Mr. Takano, Mr. Ruiz, Mr. Schrader, Mr. Guthrie, Mr. Hudson, Mr. Long, Mr. Tipton, Mr. Engel, Ms. Bass, Mr. Garcia, Mr. Enyart, Mr. Sherman, Mr. Serrano, Mr. Olson, Mr. Jordan, Mr. Heck of Nevada, Mrs. Walorski, Mr. Broun of Georgia, Mr. Gingrey of Georgia, Mr. Royce, Mr. McHenry, Mr. Conaway, Mr. Conyers, Mrs. Wagner, Mr. Fleming, Mr. Grimm, Mr. Stockman, Mr. Israel, Mr. LoBiondo, Mr. Hinojosa, Mr. Mulvaney, Mr. Austin Scott of Georgia, Mr. Collins of Georgia, Ms. Jackson Lee, Mr. Daines, Mrs. Napolitano, Mr. Burgess, Mr. Thornberry, Mr. Shimkus, Mr. Gene Green of Texas, Mr. McNerney, Mr. Garamendi, Mr. Hurt, Mr. Heck of Washington, Mr. Cartwright, Ms. Chu, Mr. Kildee, Mr. Westmoreland, Mr. Kilmer, Mrs. Bustos, Mr. Kind, Mrs. Negrete McLeod, Ms. Loretta Sanchez of California, Mr. Pompeo, Mr. Marino, Ms. Matsui, Ms. Schwartz, Mr. Crowley, Mr. Swalwell of California, Ms. Meng, Mr. Sean Patrick Maloney of New York, Ms. Velázquez, Mr. Valadao, Mr. Costa, Mr. Hastings of Washington, Ms. Clark of Massachusetts, Mr. Rush, Ms. Jenkins, Mr. Danny K. Davis of Illinois, Mr. McAllister, Mr. Roskam, Mr. Higgins, Mr. Scalise, Mr. Gutiérrez, Mr. Byrne, Mr. Sam Johnson of Texas, Mr. Quigley, Mr. Kelly of Pennsylvania, Mr. Reichert, Mrs. Black, Mr. Young of Indiana, Mr. Pierluisi, Mr. Hunter, Mr. DesJarlais, Mr. Tiberi, Mr. Frelinghuysen, Ms. Gabbard, Mr. Hensarling, Ms. Slaughter, Mr. Renacci, Mr. Gosar, Mr. Rangel, Mr. Flores, Mr. Fattah, Mr. Harris, Mr. Duncan of Tennessee, Mr. Upton, Mr. Sablan, Mr. McKeon, Mr. Williams, Mr. Denham, Mr. Fleischmann, Mr. Brady of Texas, Mr. Price of Georgia, Mr. McClintock, Mr. Barton, Mr. Reed, Mr. Jolly, and Mr. Boustany

			November 12, 2014
			Reported from the Committee on Ways and Means with an amendment
			Strike out all after the enacting clause and insert the part printed in italic

			November 12, 2014
			The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed
			For text of introduced bill, see copy of bill as introduced on February 13, 2013

		A BILL
		To amend the Internal Revenue Code of 1986 to provide for the tax treatment of ABLE accounts
			 established under State programs for the care of family members with
			 disabilities, and for other purposes.

		1.Short titleThis Act may be cited as the Achieving a Better Life Experience Act of 2014 or the ABLE Act of 2014.
		2.PurposesThe purposes of this Act are as follows:
			(1)To encourage and assist individuals and families in saving private funds for the purpose of
			 supporting individuals with disabilities to maintain health, independence,
			 and quality of life.
			(2)To provide secure funding for disability-related expenses on behalf of designated beneficiaries
			 with disabilities that will supplement, but not supplant, benefits
			 provided through private insurance, the Medicaid program under title XIX
			 of the Social Security Act, the supplemental security income program under
			 title XVI of such Act, the beneficiary’s employment, and other sources.
			3.Qualified ABLE programs
			(a)In generalSubchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after
			 section 529 the following new section:

					529A.Qualified ABLE programs
						(a)General ruleA qualified ABLE program shall be exempt from taxation under this subtitle. Notwithstanding the
			 preceding sentence, such program shall be subject to the taxes imposed by
			 section 511 (relating to imposition of tax on unrelated business income of
			 charitable organizations).
						(b)Qualified ABLE programFor purposes of this section—
							(1)In generalThe term qualified ABLE program means a program established and maintained by a State, or agency or instrumentality thereof—
								(A)under which a person may make contributions for a taxable year, for the benefit of an individual
			 who is an eligible individual for such taxable year, to an ABLE account
			 which is established for the purpose of meeting the qualified disability
			 expenses of the designated beneficiary of the account,
								(B)which limits a designated beneficiary to 1 ABLE account for purposes of this section,
								(C)which allows for the establishment of an ABLE account only for a beneficiary who is a resident of
			 such State or a resident of a contracting State, and
								(D)which meets the other requirements of this section.
								(2)Cash contributionsA program shall not be treated as a qualified ABLE program unless it provides that no contribution
			 will be accepted—
								(A)unless it is in cash, or
								(B)except in the case of contributions under subsection (c)(1)(C), if such contribution to an ABLE
			 account would result in aggregate contributions from all contributors to
			 the ABLE account for the taxable year exceeding the amount in effect under
			 section 2503(b) for the calendar year in which the taxable year begins.For purposes of this paragraph, rules similar to the rules of section 408(d)(4) (determined without
			 regard to subparagraph (B) thereof) shall apply.(3)Separate accountingA program shall not be treated as a qualified ABLE program unless it provides separate accounting
			 for each designated beneficiary.
							(4)No investment directionA program shall not be treated as a qualified ABLE program unless it provides that any contributor
			 to, or designated beneficiary under, such program may not directly or
			 indirectly direct the investment of any contributions to the program (or
			 any earnings thereon).
							(5)No pledging of interest as securityA program shall not be treated as a qualified ABLE program if it allows any interest in the program
			 or any portion thereof to be used as security for a loan.
							(6)Prohibition on excess contributionsA program shall not be treated as a qualified ABLE program unless it provides adequate safeguards
			 to prevent aggregate contributions on behalf of a designated beneficiary
			 in excess of the limit established by the State under section 529(b)(6).
			 For purposes of the preceding sentence, aggregate contributions include
			 contributions under any prior qualified ABLE program of any State or
			 agency or instrumentality thereof.
							(c)Tax treatment
							(1)Distributions
								(A)In generalAny distribution under a qualified ABLE program shall be includible in the gross income of the
			 distributee in the manner as provided under section 72 to the extent not
			 excluded from gross income under any other provision of this chapter.
								(B)Distributions for qualified disability expensesFor purposes of this paragraph, if distributions from a qualified ABLE program—
									(i)do not exceed the qualified disability expenses of the designated beneficiary, no amount shall be
			 includible in gross income, and
									(ii)in any other case, the amount otherwise includible in gross income shall be reduced by an amount
			 which bears the same ratio to such amount as such expenses bear to such
			 distributions.
									(C)Change in beneficiaries or programs
									(i)Rollovers from ABLE accountsSubparagraph (A) shall not apply to any amount paid or distributed from an ABLE account to the
			 extent that the amount received is paid, not later than the 60th day after
			 the date of such payment or distribution, into another ABLE account for
			 the benefit of the same beneficiary or an eligible individual who is a
			 family member of the beneficiary.
									(ii)Change in designated beneficiariesAny change in the designated beneficiary of an interest in a qualified ABLE program during a
			 taxable year shall not be treated as a distribution for purposes of
			 subparagraph (A) if the new beneficiary is an eligible individual for such
			 taxable year and a member of the family of the former beneficiary.
									(iii)Limitation on certain rolloversClause (i) shall not apply to any transfer if such transfer occurs within 12 months from the date
			 of a previous transfer to any qualified ABLE program for the benefit of
			 the designated beneficiary.
									(D)Operating rulesFor purposes of applying section 72—
									(i)except to the extent provided by the Secretary, all distributions during a taxable year shall be
			 treated as one distribution, and
									(ii)except to the extent provided by the Secretary, the value of the contract, income on the contract,
			 and investment in the contract shall be computed as of the close of the
			 calendar year in which the taxable year begins.
									(2)Gift tax rulesFor purposes of chapters 12 and 13—
								(A)ContributionsAny contribution to a qualified ABLE program on behalf of any designated beneficiary—
									(i)shall be treated as a completed gift to such beneficiary which is not a future interest in
			 property, and
									(ii)shall not be treated as a qualified transfer under section 2503(e).
									(B)Treatment of distributionsExcept as provided in subparagraph (C), in no event shall a distribution from a qualified ABLE
			 program be treated as a taxable gift.
								(C)Treatment of designation of new beneficiaryThe taxes imposed by chapters 12 and 13 shall apply to a transfer by reason of a change in the
			 designated beneficiary under the program (or a contribution under
			 paragraph (1)(C) to the ABLE account of a new beneficiary) during any
			 taxable year unless, as of the beginning of such taxable year, the new
			 beneficiary is both an eligible individual for such taxable year and a
			 member of the family of the former beneficiary.
								(3)Additional tax for distributions not used for disability expenses
								(A)In generalThe tax imposed by this chapter for any taxable year on any taxpayer who receives a distribution
			 from a qualified ABLE program which is includible in gross income shall be
			 increased by 10 percent of the amount which is so includible.
								(B)ExceptionSubparagraph (A) shall not apply if the payment or distribution is made to a beneficiary (or to the
			 estate of the designated beneficiary) on or after the death of the
			 designated beneficiary.
								(C)Contributions returned before certain dateSubparagraph (A) shall not apply to the distribution of any contribution made during a taxable year
			 on behalf of the designated beneficiary if—
									(i)such distribution is received on or before the day prescribed by law (including extensions of time)
			 for filing such designated beneficiary’s return for such taxable year, and
									(ii)such distribution is accompanied by the amount of net income attributable to such excess
			 contribution.Any net income described in clause (ii) shall be included in gross income for the taxable year in
			 which such excess contribution was made.(4)Loss of ABLE account treatmentIf, during any taxable year of an eligible individual for whose benefit any ABLE account is
			 established, more than 1 ABLE account for the benefit of the eligible
			 individual exists at the same time, each such ABLE account other than the
			 earliest established ABLE account shall not be treated as an ABLE account
			 as of the first day of such taxable year.
							(d)Reports
							(1)In generalEach officer or employee having control of the qualified ABLE program or their designee shall make
			 such reports regarding such program to the Secretary and to designated
			 beneficiaries with respect to contributions, distributions, the return of
			 excess contributions, and such other matters as the Secretary may require.
							(2)Certain aggregated informationFor research purposes, the Secretary shall make available to the public reports containing
			 aggregate information, by diagnosis and other relevant characteristics, on
			 contributions and distributions from the qualified ABLE program. In
			 carrying out the preceding sentence an item may not be made available to
			 the public if such item can be associated with, or otherwise identify,
			 directly or indirectly, a particular individual.
							(3)Notice of establishment of ABLE accountThe trustee of an ABLE account shall submit a notice to the Secretary upon the establishment of the
			 ABLE account. Such notice shall contain the name and State of residence of
			 the beneficiary and such other information as the Secretary may require.
							(4)Electronic distribution statementsFor purposes of section 4 of the Achieving a Better Life Experience Act of 2014, States shall submit electronically on a monthly basis to the Commissioner of Social Security, in
			 the manner specified by the Commissioner, statements on relevant
			 distributions and account balances from all ABLE accounts.
							(5)RequirementsThe reports and notices required by paragraphs (1), (2), and (3) shall be filed at such time and in
			 such manner and furnished to such individuals at such time and in such
			 manner as may be required by the Secretary.
							(e)Other definitions and special rulesFor purposes of this section—
							(1)Eligible individual
								(A)In generalAn individual is an eligible individual for a taxable year if during such taxable year—
									(i)a disability certification with respect to such individual is filed with the Secretary for such
			 taxable year, or
									(ii)the individual has been determined for purposes of section 223 or 1614 of the Social Security Act
			 (42 U.S.C. 421, 1382c) to meet the criteria of subparagraph (B) for such
			 taxable year.
									(B)CriteriaAn individual meets the criteria of this subparagraph for a taxable year if—
									(i)in the case of an individual who has not attained age 19 as of the close of the taxable year, the
			 individual is either blind (within the meaning of section 1614(a)(2) of
			 the Social Security Act (42 U.S.C. 1382c(a)(2))) or disabled within the
			 meaning of section 1614(a)(3)(C) of such Act (42 U.S.C. 1382c(a)(3)(C)),
			 or
									(ii)the individual—
										(I)is either blind (within the meaning of section 1614(a)(2) of such Act (42 U.S.C. 1382c(a)(2))) or
			 disabled within the meaning of section 1614(a)(3)(A) of such Act, and
										(II)such blindness or disability occurred before the date on which the individual attained age 26.
										(2)Disability certification
								(A)In generalThe term disability certification means, with respect to an eligible individual, a certification to the satisfaction of the
			 Secretary by the eligible individual or the parent or guardian of the
			 eligible individual that—
									(i)the individual meets the criteria described in paragraph (1)(B), and
									(ii)includes a copy of the individual’s diagnosis relating to the individual’s relevant impairment or
			 impairments, signed by a physician meeting the criteria of section
			 1861(r)(1) of the Social Security Act.
									(B)Restriction on use of certificationNo inference may be drawn from a disability certification for purposes of establishing eligibility
			 for benefits under title II, XVI, or XIX of the Social Security Act.
								(3)Designated beneficiaryThe term designated beneficiary in connection with an ABLE account established under a qualified ABLE program means—
								(A)the eligible individual designated at the commencement of participation in the qualified ABLE
			 program as the beneficiary of amounts paid (or to be paid) to the program,
			 and
								(B)in the case of a change in beneficiaries described in subparagraph (C)(ii) of subsection (c)(1),
			 the individual who is the new beneficiary.
								(4)Member of familyThe term member of the family means, with respect to any designated beneficiary, an individual who bears a relationship to such
			 beneficiary which is described in subparagraph section 152(d)(2)(B). For
			 purposes of the preceding sentence, a rule similar to the rule of section
			 152(f)(1)(B) shall apply.
							(5)Qualified disability expensesThe term qualified disability expenses means any expenses related to the eligible individual’s blindness or disability which are made for
			 the benefit of an eligible individual who is the designated beneficiary,
			 including the following expenses: education, housing, transportation,
			 employment training and support, assistive technology and personal support
			 services, health, prevention and wellness, financial management and
			 administrative services, legal fees, expenses for oversight and
			 monitoring, funeral and burial expenses, and other expenses, which are
			 approved by the Secretary under regulations and consistent with the
			 purposes of this section.
							(6)ABLE accountThe term ABLE account means an account established and maintained under a qualified ABLE program.
							(7)Contracting StateThe term contracting State means a State without a qualified ABLE program which has entered into a contract with a State with
			 a qualified ABLE program to provide residents of the contracting State
			 access to a qualified ABLE program.
							(f)Transfer to StateSubject to any outstanding payments due for qualified disability expenses, in the case that the
			 designated beneficiary dies, all amounts remaining in the qualified ABLE
			 account not in excess of the amount equal to the total medical assistance
			 paid for the designated beneficiary after the establishment of the
			 account, net of any premiums paid from the account or paid by or on behalf
			 of the beneficiary to a Medicaid Buy-In program, under any State Medicaid
			 plan established under title XIX of the Social Security Act shall be
			 distributed to such State upon filing of a claim for payment by such
			 State. For purposes of this paragraph, the State shall be a creditor of an
			 ABLE account and not a beneficiary. Subsection (c)(3) shall not apply to a
			 distribution under the preceding sentence.
						(g)RegulationsThe Secretary shall prescribe such regulations or other guidance as the Secretary determines
			 necessary or appropriate to carry out the purposes of this section,
			 including regulations—
							(1)to enforce the 1 ABLE account per eligible individual limit,
							(2)providing for the information required to be presented to open an ABLE account,
							(3)to generally define qualified disability expenses,
							(4)developed in consultation with the Commissioner of Social Security, relating to disability
			 certifications and determinations of disability, including those
			 conditions deemed to meet the requirements of subsection (e)(1)(B)(ii),
							(5)to prevent fraud and abuse with respect to amounts claimed as qualified disability expenses,
							(6)under chapters 11, 12, and 13 of this title, and
							(7)to allow for transfers from one ABLE account to another ABLE account in cases in which there is a
			 change in the State of residence of an eligible individual..
			(b)Tax on excess contributions
				(1)In generalSubsection (a) of section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess
			 contributions to certain tax-favored accounts and annuities) is amended by
			 striking or at the end of paragraph (4), by inserting or at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph:

						(6)an ABLE account (within the meaning of section 529A),.
				(2)Excess contributionSection 4973 of the Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

						(h)Excess contributions to ABLE accountFor purposes of this section—
							(1)In generalIn the case of an ABLE account (within the meaning of section 529A), the term excess contributions means the amount by which the amount contributed for the taxable year to such account (other than
			 contributions under section 529A(c)(1)(C)) exceeds the contribution limit
			 under section 529A(b)(2)(B).
							(2)Special ruleFor purposes of this subsection, any contribution which is distributed out of the ABLE account in a
			 distribution to which the last sentence of section 529A(b)(2) applies
			 shall be treated as an amount not contributed..
				(c)Penalty for failure to file reportsSection 6693(a)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by
			 inserting after subparagraph (D) the following:

					(E)section 529A(d) (relating to qualified ABLE programs), and.
			(d)Conforming amendments
				(1)Section 26(b)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (W), by striking the period at the end of subparagraph (X) and
			 inserting , and, and by inserting after subparagraph (X) the following:

						(Y)section 529A(c)(3)(A) (relating to additional tax on ABLE account distributions not used for
			 qualified disability expenses)..
				(2)The heading for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is
			 amended by striking Higher Education and inserting Certain.
				(3)The item in the table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986
			 relating to part VIII is amended to read as follows:

							Part VIII. Certain Savings Entities..
				(4)The table of sections for part VIII of subchapter F of chapter 1 of the Internal Revenue Code of
			 1986 is amended by inserting after the item relating to section 529 the
			 following new item:

							Sec. 529A. Qualified ABLE programs..
				(e)Effective date
				(1)In generalThe amendments made by this section shall apply to taxable years beginning after December 31, 2014.
				(2)RegulationsThe Secretary of the Treasury (or the Secretary’s designee) shall promulgate the regulations or
			 other guidance required under section 529A(g) of the Internal Revenue Code
			 of 1986, as added by subsection (a), not later than 6 months after the
			 date of the enactment of this Act.
				4.Treatment of ABLE accounts under certain Federal programs
			(a)Account funds disregarded for purposes of certain other means-Tested Federal programsNotwithstanding any other provision of Federal law that requires consideration of 1 or more
			 financial circumstances of an individual, for the purpose of determining
			 eligibility to receive, or the amount of, any assistance or benefit
			 authorized by such provision to be provided to or for the benefit of such
			 individual, any amount (including earnings thereon) in the ABLE account
			 (within the meaning of section 529A of the Internal Revenue Code of 1986)
			 of such individual, and any distribution for qualified disability expenses
			 (as defined in subsection (e)(5) of such section) shall be disregarded for
			 such purpose with respect to any period during which such individual
			 maintains, makes contributions to, or receives distributions from such
			 ABLE account, except that, in the case of the supplemental security income
			 program under title XVI of the Social Security Act, a distribution for
			 housing expenses (within the meaning of such subsection) shall not be so
			 disregarded, and in the case of such program, only the 1st $100,000 of the
			 amount (including such earnings) in such ABLE account shall be so
			 disregarded.
			(b)Suspension of SSI benefits during periods of excessive account funds
				(1)In generalThe benefits of an individual under the supplemental security income program under title XVI of the
			 Social Security Act shall not be terminated, but shall be suspended, by
			 reason of excess resources of the individual attributable to an amount in
			 the ABLE account (within the meaning of section 529A of the Internal
			 Revenue Code of 1986) of the individual not disregarded under subsection
			 (a) of this section.
				(2)No impact on Medicaid eligibilityAn individual who would be receiving payment of such supplemental security income benefits but for
			 the application of the previous sentence shall be treated for purposes of
			 title XIX of the Social Security Act as if the individual continued to be
			 receiving payment of such benefits.
				(c)Effective dateThis section shall take effect on the date of the enactment of this Act.

		November 12, 2014
		Reported from the Committee on Ways and Means with an amendment
		November 12, 2014
		The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed


113 HR 3277 IH: To prohibit United States voluntary contributions to the regular budget of the United Nations or any United Nations agency.
U.S. House of Representatives
2013-10-08
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.

I113th CONGRESS1st SessionH. R. 3277IN THE HOUSE OF REPRESENTATIVESOctober 8, 2013Mr. Kingston introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo prohibit United States voluntary contributions to the regular budget of the United Nations or any United Nations agency.1.Prohibition on United States voluntary contributions to the United Nations and United Nations agencies(a)In generalNo funds made available to any Federal department or agency may be used to make United States voluntary contributions to the regular budget of the United Nations or any United Nations agency.(b)Effective dateSubsection (a) applies with respect to funds made available for fiscal year 2014 and subsequent fiscal years.


		I
		112th CONGRESS
		1st Session
		H. R. 2331
		IN THE HOUSE OF REPRESENTATIVES

			June 23, 2011
			Mrs. Maloney (for
			 herself, Mr. Stark, and
			 Ms. Hirono) introduced the following
			 bill; which was referred to the Committee
			 on Education and the Workforce

		A BILL
		To assist States in making voluntary high quality
		  universal prekindergarten programs available to 3- to 5-year-olds for at least
		  1 year preceding kindergarten.

		1.Short titleThis Act may be cited as the
			 Prepare All Kids Act of
			 2011.
		2.High quality
			 prekindergarten programsTitle
			 I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
			 seq.) is amended—
			(1)by redesignating part I as part J;
			 and
			(2)by inserting after
			 part H the following:

					IHigh
				quality full-day prekindergarten programs
						1841.FindingsCongress makes the following
				findings:
							(1)Investments in
				children and early childhood development education should be a national
				priority.
							(2)State-funded
				preschool is the most rapidly expanding segment of the United States
				educational system, but in many States a lack of stable funding poses an
				enormous threat to the provision or continuation of high quality
				preschool.
							(3)Researchers,
				educators, and economists have long noted an achievement gap for low-income and
				minority students as compared to their more advantaged peers that is often
				already evident when children enter school for the first time.
							(4)One study showed
				that before entering kindergarten, the average cognitive scores of
				preschool-age children in the highest socioeconomic group are 60 percent above
				the average scores of children in the lowest socioeconomic group.
							(5)For low-income
				preschoolers, research shows that high quality early education and development
				is vital to closing the achievement gap between them and their more advantaged
				peers.
							(6)Numerous studies
				have shown that high quality preschool programs—
								(A)improve a number
				of specific life outcomes for children; and
								(B)are cost
				effective.
								(7)The provision of
				high quality prekindergarten is a cost-effective investment for children and
				for the Nation. Research shows that for every $1 invested in high quality early
				childhood programs, taxpayers save up to $7 in crime, welfare, remedial and
				special education, and other costs.
							(8)High quality early
				education increases academic success for schoolchildren who received that
				education by—
								(A)improving skills
				in areas such as following directions and problem solving;
								(B)improving
				children’s performance on standardized tests;
								(C)reducing grade
				repetition;
								(D)reducing the
				number of children placed in special education; and
								(E)increasing high
				school graduation rates.
								(9)High quality early
				education promotes responsible behavior by teens and adults who received that
				education by—
								(A)reducing crime,
				delinquency, and unhealthy behaviors such as smoking and drug use;
								(B)lowering rates of
				teen pregnancy;
								(C)leading to greater
				employment and higher wages for adults; and
								(D)contributing to
				more stable families.
								(10)High quality
				prekindergarten programs prepare children to—
								(A)succeed in
				school;
								(B)achieve higher
				levels of education; and
								(C)become citizens
				who—
									(i)earn more in
				adulthood;
									(ii)compete in the
				global economy; and
									(iii)contribute to
				our national prosperity.
									1842.DefinitionsIn this part:
							(1)Full-dayThe
				term full-day, used with respect to a program, means a program
				with a minimum of a 6-hour schedule per day.
							(2)Poverty
				lineThe term poverty line has the meaning given the
				term in section 673(2) of the Community Services Block Grant Act (42 U.S.C.
				9902(2)) and includes any revision required by that section.
							(3)PrekindergartenThe
				term prekindergarten means a program that—
								(A)serves children
				who are ages 3 through 5;
								(B)supports
				children’s cognitive, social, emotional, and physical development and
				approaches to learning; and
								(C)helps prepare
				children for a successful transition to kindergarten.
								(4)Prekindergarten
				teacherThe term prekindergarten teacher means an
				individual who—
								(A)has a bachelor of
				arts degree with a specialization in early childhood education or early
				childhood development; or
								(B)during the 6-year
				period following the first date on which the individual is employed as such a
				teacher under this part, is working toward that degree.
								(5)Qualified
				prekindergarten providerThe term qualified prekindergarten
				provider includes a provider of a prekindergarten program, a Head Start
				agency, a provider of a child care program, a school, and a for-profit or
				nonprofit organization that—
								(A)is in existence on
				the date of the qualification determination; and
								(B)has met applicable
				requirements under State or local law that are designed to protect the health
				and safety of children and that are applicable to child care providers.
								1843.Program
				authorization
							(a)Prekindergarten
				incentive fundThe Secretary, in collaboration and consultation
				with the Secretary of Health and Human Services, shall create a Prekindergarten
				Incentive Fund, to be administered by the Secretary of Education.
							(b)GrantsIn
				administering the Fund, the Secretary shall award grants to eligible States
				based on a formula established by the Secretary in accordance with subsection
				(c), to pay for the Federal share of the cost of awarding subgrants to
				qualified prekindergarten providers to establish, expand, or enhance voluntary
				high quality full-day prekindergarten programs.
							(c)Minimum
				allotmentNo State shall receive a grant allotment under
				subsection (b) for a fiscal year that is less than one-half of 1 percent of the
				total amount made available to carry out this part for such fiscal year.
							1844.State
				applications and requirements
							(a)Designated state
				agencyTo be eligible to receive a grant under this part, a State
				shall designate a State agency to administer the State program of assistance
				for prekindergarten programs funded through the grant, including receiving and
				administering funds and monitoring the programs.
							(b)State
				applicationIn order for a State to be eligible to receive a
				grant under this part, the designated State agency shall submit an application
				to the Secretary at such time, in such manner, and containing such information
				as the Secretary may reasonably require, including—
								(1)an assurance that
				the State will award subgrants for prekindergarten programs that are sufficient
				to provide a high quality prekindergarten experience;
								(2)an assurance that
				not less than 25 percent of the qualified prekindergarten providers receiving
				such subgrants will be providers of community-based programs;
								(3)a description of
				the number of children in the State who are eligible for the prekindergarten
				programs and the needs that will be served through the prekindergarten
				programs;
								(4)a description of
				how the State will ensure that the subgrants are awarded to a wide range of
				types of qualified prekindergarten providers;
								(5)a description of
				how the designated State agency will collaborate and coordinate activities with
				the State Advisory Council on Early Childhood Education and Care, State-funded
				providers of prekindergarten programs, providers of federally funded programs
				such as Head Start agencies, local educational agencies, and child care
				providers;
								(6)a description of
				how the State will ensure, through a monitoring process, that qualified
				prekindergarten providers receiving the subgrants provide programs that meet
				the standards of high quality early education, and use funds
				appropriately;
								(7)a description of
				how the State will meet the needs of the most disadvantaged students, including
				families at or below 200 percent of the poverty line;
								(8)a description of
				how the State will meet the needs of working parents; and
								(9)a description of
				how the State will assist in providing professional development assistance to
				prekindergarten teachers and teacher aides.
								(c)Federal
				shareThe Federal share of the cost described in section 1843(b)
				shall be 50 percent. The State shall provide the non-Federal share of the cost
				in cash.
							(d)Supplementary
				Federal fundingFunds made available under this part may be used
				only to supplement and not supplant other Federal, State, local, or private
				funds that would, in the absence of the funds made available under this part,
				be made available for early childhood programs.
							(e)Maintenance of
				effortA State that receives a grant under this part for a fiscal
				year shall maintain the expenditures of the State for early childhood programs
				at a level not less than the level of such expenditures of the State for the
				preceding fiscal year.
							1845.State set
				asides and expenditures
							(a)Infant and
				toddler set asideNotwithstanding sections 1842 and 1843, a
				State shall set aside not less than 15 percent of the funds made available
				through a grant awarded under this part for the purpose of funding high quality
				early childhood development programs for children who are ages 0 through 3.
				Funds made available under this subsection may also be used for professional
				development for teachers and teacher aides in classrooms for children who are
				ages 0 through 3.
							(b)Extended day and
				extended year set asideNotwithstanding section 1843, a State
				shall set aside not less than 10 percent of the funds made available through a
				grant awarded under this part for the purpose of extending the hours of early
				childhood programs to create extended day and extended year programs.
							(c)Administrative
				expensesNot more than 5 percent of the funds made available
				through such a grant may be used for administrative expenses, including
				monitoring.
							1846.Local
				applicationsTo be eligible to
				receive a subgrant under this part, a qualified prekindergarten provider shall
				submit an application to the designated State agency at such time, in such
				manner, and containing such information as the agency may reasonably require,
				including—
							(1)a description of
				how the qualified prekindergarten provider will meet the diverse needs of
				children in the community to be served, including children with disabilities,
				whose native language is not English, or with other special needs, children in
				the State foster care system, and homeless children;
							(2)a description of
				how the qualified prekindergarten provider will serve eligible children who are
				not served through similar services or programs;
							(3)a description of a
				plan for actively involving parents and families in the prekindergarten program
				and the success of their children in the program;
							(4)a description of
				how children in the prekindergarten program, and their parents and families,
				will receive referrals to, or assistance with, accessing supportive services
				provided within the community;
							(5)a description of
				how the qualified prekindergarten provider collaborates with the State Advisory
				Council on Early Childhood Education and Care and providers of other programs
				serving children and families, including Head Start agencies, providers of
				child care programs, and local educational agencies, to meet the needs of
				children, families, and working families, as appropriate; and
							(6)a description of
				how the qualified prekindergarten provider will collaborate with local
				educational agencies to ensure a smooth transition for participating students
				from the prekindergarten program to kindergarten and early elementary
				education.
							1847.Local
				prekindergarten program requirements
							(a)Mandatory uses
				of fundsA qualified prekindergarten provider that receives a
				subgrant under this part shall use funds received through the grant to
				establish, expand, or enhance prekindergarten programs for children who are
				ages 3 through 5, including—
								(1)providing a
				prekindergarten program that supports children’s cognitive, social, emotional,
				and physical development and approaches to learning, and helps prepare children
				for a successful transition to kindergarten; and
								(2)purchasing
				educational equipment, including educational materials, necessary to provide a
				high quality prekindergarten program.
								(b)Permissible use
				of fundsA qualified prekindergarten provider that receives a
				subgrant under this part may use funds received through the grant to—
								(1)extend part-day
				prekindergarten programs to full-day prekindergarten programs and year-round
				programs;
								(2)pay for
				transporting students to and from a prekindergarten program; and
								(3)provide
				professional development assistance to prekindergarten teachers and teacher
				aides.
								(c)Program
				requirementsA qualified prekindergarten provider that receives a
				subgrant under this part shall carry out a high quality prekindergarten program
				by—
								(1)maintaining a
				maximum class size of 20 children, with at least 1 prekindergarten teacher per
				classroom;
								(2)ensuring that the
				ratio of children to prekindergarten teachers and teacher aides shall not
				exceed 10 to 1;
								(3)utilizing a
				prekindergarten curriculum that is research- and evidence-based,
				developmentally appropriate, and designed to support children’s cognitive,
				social, emotional, and physical development, and approaches to learning;
				and
								(4)ensuring that
				prekindergarten teachers meet the requirements of this part.
								1848.Reporting
							(a)Qualified
				prekindergarten provider reportsEach qualified prekindergarten
				provider that receives a subgrant from a State under this part shall submit an
				annual report, to the designated State agency, that reviews the effectiveness
				of the prekindergarten program provided. Such annual report shall
				include—
								(1)data specifying
				the number and ages of enrolled children, and the family income, race, gender,
				disability, and native language of such children;
								(2)a description
				of—
									(A)the curriculum
				used by the program;
									(B)how the curriculum
				supports children’s cognitive, social, emotional, and physical development and
				approaches to learning; and
									(C)how the curriculum
				is appropriate for children of the culture, language, and ages of the children
				served; and
									(3)a statement of all
				sources of funding received by the program, including Federal, State, local,
				and private funds.
								(b)State
				reportsEach State that receives a grant under this part shall
				submit an annual report to the Secretary detailing the effectiveness of all
				prekindergarten programs funded under this part in the State.
							(c)Report to
				congressThe Secretary shall submit an annual report to Congress
				that describes the State programs of assistance for prekindergarten programs
				funded under this part.
							1849.Authorization
				of appropriationsThere are
				authorized to be appropriated to carry out this part such sums as may be
				necessary for fiscal years 2012 through
				2016.
						.
			3.Conforming
			 amendments
			(a)Table of
			 contentsThe table of contents in section 1(b) of the Elementary
			 and Secondary Education Act of 1965 is amended—
				(1)by striking the
			 item relating to the part heading for part I of title I and inserting the
			 following:

						Part J—General
				provisions;

					and(2)by inserting after
			 the items relating to part I of title I and inserting the following:

							Part I—High quality full-day prekindergarten programs
							Sec. 1841. Findings.
							Sec. 1842. Definitions.
							Sec. 1843. Program authorization.
							Sec. 1844. State applications and requirements.
							Sec. 1845. State set asides and expenditures.
							Sec. 1846. Local applications.
							Sec. 1847. Local prekindergarten program
				requirements.
							Sec. 1848. Reporting.
							Sec. 1849. Authorization of
				appropriations.

						.
				(b)ProvisionsSections
			 1304(c)(2) and 1415(a)(2)(C) of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6394(c)(2), 6435(a)(2)(C)) are amended by striking part
			 I and inserting part J.


110 HR 3872 IH: Children Come First Act of 2007
U.S. House of Representatives
2007-10-17
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. 3872
IN THE HOUSE OF REPRESENTATIVES

October 17, 2007
Mr. Fortenberry introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend title XXI of the Social Security Act to impose requirements on coverage of children in higher income families under the State Children’s Health Insurance Program (SCHIP).

1.Short titleThis Act may be cited as the Children Come First Act of 2007.
2.Limitation on payments for States covering children in families with income between 200 and 300 percent of the poverty line; option of premium assistance for children of higher income families
(a)In generalSection 2105(c) of the Social Security Act (42 U.S.C. 1397ee(c)) is amended by adding at the end the following new paragraph:

(8)Limitation on payments for States covering children of higher income families
(A)In generalNo payment shall be made under this section for child health assistance provided for a child of a higher income family (as defined in subparagraph (B)) under the State child health plan unless—
(i)the family demonstrates that health insurance coverage for the child is—
(I)unattainable, in accordance with subparagraph (C); or
(II)unaffordable, in accordance with subparagraph (D); and
(ii)the plan permits the family to be provided child health assistance through the form of premium assistance described in subparagraph (E) rather than through Medicaid or otherwise.
(B)Higher income familyFor purposes of this paragraph, the term higher income family means a family the income of which exceeds 200 percent, but does not exceed 300 percent, of the poverty line.
(C)UnattainabilityFor purposes of this paragraph, health insurance coverage shall be treated as unattainable with respect to the child of a higher income family if the family can demonstrate an inability to obtain health insurance coverage for the child (as determined in accordance with standards established by the Secretary).
(D)Unaffordability
(i)In generalFor purposes of this paragraph, health insurance coverage shall be treated as unaffordable with respect to the child of a higher income family if the premium for such coverage exceeds the percentage (as determined by the Secretary under clause (ii)) of the adjusted gross income of the family. In applying the previous sentence to family coverage, there shall only be taken into account the portion of such premium that is actuarially attributable to children (as computed for purposes of subparagraph (E)(iii)).
(ii)Percentage determinedThe Secretary shall determine a percentage under this clause based on factors such as family size, the average premium for health insurance coverage in the private sector for children, and such other factors as the Secretary deems appropriate.
(E)Premium assistance option
(i)In generalThe premium assistance option under this subparagraph shall be in the form of payment of premium for a policy that provides health insurance benefits to the child of a higher income family involved. Except as otherwise specifically provided, the State child health plan shall establish standards for such benefits and premium contributions.
(ii)TreatmentPayment of premium assistance under this subparagraph shall be treated as child health assistance for purposes of obtaining Federal financial participation under section 2105.
(iii)Application to family coverageIn the case of premium assistance under this subparagraph applied to coverage of one or more children under family coverage that covers a parent of such a child or other individuals who are not children, the amount of the premium payment under the option under this subparagraph shall be adjusted to take into account only the portion of the health insurance benefits that are actuarially attributable to such children.
(F)Exception for currently covered individualsSubparagraph (A) shall not apply until October 1, 2011, to children who are enrolled under this part as targeted low-income children as of October 1, 2008..
(b)Effective dateThe amendment made by subsection (a) shall apply to State child health plans for payment for items and services furnished on or after October 1, 2008.