109 HR 2190 IH: To amend title II of the Social Security Act to provide for increases in widow’s and widower’s insurance benefits by reason of delayed retirement.
U.S. House of Representatives
2005-05-05
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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. 2190
IN THE HOUSE OF REPRESENTATIVES

May 5, 2005
Mrs. Lowey introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend title II of the Social Security Act to provide for increases in widow’s and widower’s insurance benefits by reason of delayed retirement.

1.Increase in widow’s and widower’s insurance benefits by reason of delayed retirement
(a)Delayed retirement credit for widow’s and widower’s benefits
(1)In generalSection 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended—
(A)in paragraph (1) by striking old-age insurance benefit and inserting old-age, widow’s, or widower’s insurance benefit;
(B)in paragraph (2), by striking the number of increment months for any individual in the matter preceding subparagraph (A) and inserting the number of increment months for any individual to whom an old-age, widow’s, or widower’s insurance benefit is payable as described in paragraph (1); and
(C)by striking and at the end of paragraph (2)(A), and by striking paragraph (2)(B) and inserting the following:

(B)with respect to which—
(i)in the case of an individual to whom an old-age insurance benefit is payable, such individual was a fully insured individual (as defined in section 214(a)) and—
(I)was not entitled to such a benefit, or
(II)was so entitled but did not receive benefits pursuant to a request by such individual that benefits not be paid, or
(ii)in the case of an individual to whom a widow’s or widower’s insurance benefit is payable, such individual satisfied subparagraphs (A), (B), and (D) of subsection (e)(1) or (f)(1) and—
(I)was not entitled to such a benefit,
(II)was so entitled but suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit, or
(III)was so entitled but did not receive benefits pursuant to a request by such individual that benefits not be paid, and
(C)with respect to which such individual was not subject to a penalty under section 1129A..
(2)Conforming amendments to Section 202(w)
(A)Section 202(w)(3) of such Act (42 U.S.C. 402(w)(3)) is amended by striking old-age each place it appears and inserting old-age, widow’s, or widower’s.
(B)Section 202(w)(5) of such Act (42 U.S.C. 402(w)(5)) is amended—
(i)by striking If an individual’s primary insurance amount and inserting If the primary insurance amount on which an individual’s old-age, widow’s, or widower’s insurance benefit is based;
(ii)by striking old-age each place it appears and inserting old-age, widow’s, or widower’s;
(iii)by striking his primary insurance amount each place it appears and inserting the primary insurance amount; and
(iv)by striking he and his each place they appear and inserting such individual and such individual’s, respectively.
(C)Section 202(w)(6) of such Act (42 U.S.C. 402(w)(6)) is amended—
(i)by striking old-age each place it appears and inserting old-age, widow’s, or widower’s; and
(ii)by adding at the end (after and below subparagraph (D)) the following new sentence:
For purposes of this paragraph, an individual is deemed to become eligible for an old-age insurance benefit on the first day of the month in which such individual attains age 62, and for a widow’s or widower’s insurance benefit on the first day of the month in which such individual attains age 60..
(3)Other conforming amendments
(A)Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by inserting subsection (w), after subsection (q),.
(B)Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by inserting subsection (w), after subsection (q),.
(b)Treatment of delayed retirement in cases of simultaneous entitlement to old-age insurance benefits and widow’s or widower’s insurance benefitsSection 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended—
(1)by striking The amount in paragraph (1) and inserting Subject to paragraph (7), the amount; and
(2)by adding at the end the following new paragraph:

(7)If for any month an individual is entitled (prior to the application of this subsection) both to an old-age insurance benefit and to a widow’s or widower’s insurance benefit, the resulting increase (if any) in the amount of the widow’s or widower’s insurance benefit under paragraph (1) shall be made (prior to the application of subsection (k)(3)(A)) in lieu of any increase in the amount of the old-age insurance benefit under such paragraph, unless—
(A)the amount of such old-age insurance benefit would be greater than the amount of such widow’s or widower’s insurance benefit after the application of paragraph (1) to each such benefit, or
(B)the increase which would otherwise be made under such paragraph in the amount of such old-age insurance benefit would result (under the language following subparagraph (F) in the first sentence of subsection (e)(1) or (f)(1)) in the termination of the individual’s entitlement to widow’s or widower’s insurance benefits..
2.Effective dateThe amendments made by this Act shall apply with respect to widow’s and widower’s insurance benefits (under section 202 (e) and (f) of the Social Security Act) for months after the month in which this Act is enacted.


114 S3142 IS: Justice for Uncompensated Survivors Today (JUST) Act of 2016
U.S. Senate
2016-07-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 3142
		IN THE SENATE OF THE UNITED STATES

			July 7, 2016
			Ms. Baldwin (for herself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To require reporting on acts of certain foreign countries on
			 Holocaust era assets and related issues.

		1.Short title
 This Act may be cited as the Justice for Uncompensated Survivors Today (JUST) Act of 2016.
		2.Annual reporting on holocaust era assets and related issues
 (a)In generalFor covered countries, the Secretary of State shall annually include within either the relevant Annual Country Report on Human Rights, the International Religious Freedom Report, or other appropriate report as determined by the Secretary, an assessment and description of the nature and extent of national laws or enforceable policies regarding the identification and the return of or restitution for wrongfully seized or transferred Holocaust era assets and compliance with or progress toward the goals and objectives of the 2009 Terezin Declaration on Holocaust Era Assets and Related Issues, including—
 (1)the return to the rightful owner of any property, including religious or communal property, that was wrongfully seized or transferred;
 (2)if return of such property is no longer possible, the provision of comparable substitute property or the payment of equitable compensation to the rightful owner in accordance with principles of justice and through an expeditious claims-driven administrative process that is just, transparent, and fair;
 (3)the use of the Washington Conference Principles on Nazi-Confiscated Art, agreed to December 3, 1998, and the Terezin Declaration on Holocaust Assets and Related Issues, agreed to June 30, 2009, in settling all claims involving publically and privately held movable property;
 (4)the restitution of heirless property to assist needy Holocaust survivors, and for other purposes; (5)the extent to which such laws and policies are implemented and enforced in practice, including through any applicable administrative or judicial processes; and
 (6)the mechanism for and demonstrable progress on the resolution of claims for United States citizen Holocaust survivors and United States citizen family members of Holocaust victims.
				(b)Effective date of inclusion
				(1)Inclusion in Annual Country Report on Human Rights or International Religious Freedom
 reportIf the Secretary of State includes the information required under subsection (a) in the report required under section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) or the report required under section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), the requirement to include such information shall apply beginning with the first report submitted later than 180 days after the date of the enactment of this Act.
 (2)Inclusion in other Department of State reportIf the Secretary of State includes the information required under subsection (a) in an existing report of the Department of State other than a report described in paragraph (1), the requirement to include such information shall apply beginning with the first report submitted later than 180 days after the date of the enactment of this Act.
 (3)Inclusion in new reportIf the Secretary of State includes the information required under subsection (a) in a new report, the Secretary shall submit such report not later than one year after the date of the enactment of this Act.
 (c)DefinitionsIn this section: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
 (A)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
 (2)Covered countriesThe term covered countries means signatories to the 2009 Terezin Declaration on Holocaust Era Assets and Related Issues that are determined by the Special Envoy for Holocaust Issues, in consultation with expert nongovernmental organizations, to be countries of particular concern relative to the issues listed in subsection (a).
 (3)Wrongfully seized or transferredThe term wrongfully seized or transferred includes confiscations, expropriations, nationalizations, forced sales or transfers, and sales or transfers under duress during the Holocaust era or the period of Communist rule of the country in question.


115 S28 IS: Health Savings Account Expansion Act of 2017
U.S. Senate

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

II115th CONGRESS1st SessionS. 28IN THE SENATE OF THE UNITED STATESJanuary 4, 2017Mr. Flake (for himself and Mr. Johnson) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to expand the permissible use of health savings accounts
			 to include health insurance payments and to increase the dollar limitation
			 for contributions to health savings accounts, and for other purposes.

 1.Short titleThis Act may be cited as the Health Savings Account Expansion Act of 2017. 2.Adequate funds for health insurance plans (a)In generalSection 223(b)(1) of the Internal Revenue Code of 1986 is amended by striking the sum of the monthly and all that follows through eligible individual and inserting $9,000 ($18,000 in the case of a joint return).
			(b)Conforming amendments
 (1)Subsection (b) of such Code is amended by striking paragraphs (2), (3), and (5) and by redesignating paragraphs (4), (6), (7), and (8) as paragraphs (2), (3), (4), and (5), respectively.
 (2)Section 223(b)(2) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence.
 (3)Section 223(b)(4) of such Code (as redesignated by paragraph (1)) is amended to read as follows:  (4)Medicare eligible individualsThe limitation under this subsection for any taxable year with respect to an individual shall—
 (A)in the case of the first taxable year in which such individual is entitled to benefits under title XVIII of the Social Security Act, be the amount which bears the same proportion to the amount in effect under paragraph (1) with respect to such individual as—
 (i)the number of months in the taxable year during which such individual was not so entitled, bears to (ii)12, and
 (B)be zero for any taxable year thereafter.. (4)Section 223(g)(1) of such Code is amended—
 (A)in the matter preceding subparagraph (A) by striking Each dollar amount in subsection (b)(2) and inserting In the case of taxable years beginning after December 31, 2018, each dollar amount in subsection (b)(1), and
 (B)by amending subparagraph (B) to read as follows:  (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2017 for calendar year 1992..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2017. 3.Parity with employer-provided health insurance; direct primary care (a)In generalSection 223(d)(2) of the Internal Revenue Code of 1986 is amended to read as follows:

					(2)Qualified medical expenses
 (A)In generalThe term qualified medical expenses means, with respect to an account beneficiary, amounts paid by such beneficiary for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise.
						(B)Direct primary care
 (i)In generalSuch term includes expenses for direct primary care service arrangements. (ii)Direct primary care service arrangementsFor purposes of clause (i), the term direct primary care service arrangements means an arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for primary care services..
 (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2017. 4.Freedom from mandate (a)In generalSection 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 3, is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively.
			(b)Conforming amendments
 (1)Subsection (a) of section 223 of such Code is amended to read as follows:  (a)Deduction allowedIn the case of an individual, there shall be allowed as a deduction for a taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual..
 (2)Subsection (b) of section 223 of such Code (as amended by section 2) is amended by striking paragraph (5).
 (3)Section 223(c)(1)(A) of such Code (as redesignated by subsection (a)) is amended— (A)by striking subsection (f)(5) and inserting subsection (e)(5), and
 (B)in clause (ii) by striking the sum of— and all that follows and inserting the dollar amount in effect under subsection (b)(1).. (4)Section 223(f)(1) of such Code (as redesignated by subsection (a)) is amended by striking subsections (b)(1) and (c)(2)(A) and inserting subsection (b)(1).
 (5)Section 26(b)(2)(U) of such Code is amended by striking section 223(f)(4) and inserting section 223(e)(4). (6)Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking section 223(d) each place it appears and inserting section 223(c).
 (7)Section 106(d)(1) of such Code is amended— (A)by striking who is an eligible individual (as defined in section 223(c)(1)), and
 (B)by striking section 223(d) and inserting section 223(c). (8)Section 408(d)(9) of such Code is amended—
 (A)in subparagraph (A) by striking who is an eligible individual (as defined in section 223(c)) and, and (B)in subparagraph (C) by striking computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution.
 (9)Section 877A(g)(6) of such Code is amended by striking 223(f)(4) and inserting 223(e)(4). (10)Section 4973(g) of such Code is amended—
 (A)by striking section 223(d) and inserting section 223(c), (B)in paragraph (2), by striking section 223(f)(2) and inserting section 223(e)(2), and
 (C)by striking section 223(f)(3) and inserting section 223(e)(3). (11)Section 4975 of such Code is amended—
 (A)in subsection (c)(6)— (i)by striking section 223(d) and inserting section 223(c), and
 (ii)by striking section 223(e)(2) and inserting section 223(d)(2), and (B)in subsection (e)(1)(E), by striking section 223(d) and inserting section 223(c).
 (12)Section 6693(a)(2)(C) of such Code is amended by striking section 223(h) and inserting section 223(g). (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2017.
			5.Restoring Lower Penalty for Nonqualified Distributions
 (a)HSAsSection 223(e)(4)(A) of the Internal Revenue Code of 1986, as amended by section 4, is amended by striking 20 percent and inserting 10 percent.
 (b)Effective dateThe amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2017.


		I
		111th CONGRESS
		2d Session
		H. R. 5762
		IN THE HOUSE OF REPRESENTATIVES

			July 15, 2010
			Ms. Norton introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide for
		  the creation of disaster protection funds in the District of Columbia by
		  property and casualty insurance companies for the payment of policyholders’
		  claims arising from natural catastrophic events.

		1.Short titleThis Act may be cited as the
			 District of Columbia National Disaster
			 Insurance Protection Act.
		2.District of
			 Columbia natural disaster protection funds
			(a)Contributions to
			 natural disaster protection fundsSubsection (c) of section 832
			 of the Internal Revenue Code of 1986 (relating to the taxable income of
			 insurance companies other than life insurance companies) is amended by striking
			 and at the end of paragraph (12), by striking the period at the
			 end of paragraph (13) and inserting ; and, and by adding at the
			 end the following new paragraph:

					(14)the qualified
				contributions during the taxable year to a natural disaster protection
				fund.

			(b)Natural disaster
			 protection fund gross incomeSubsection (b) of section 832 of
			 such Code is amended by adding at the end the following new paragraph:

					(9)Special rule for
				assets held in natural disaster protection fundFor purposes of
				determining gross income under this subsection, any items of income, gain,
				loss, or deduction derived from or attributable to any assets held in a natural
				disaster protection fund shall not be taken into
				account.

			(c)Distributions
			 from natural disaster protection fundsParagraph (1) of section
			 832(b) of such Code is amended by striking and at the end of
			 subparagraph (D), by striking the period at the end of subparagraph (E) and
			 inserting , and, and by adding at the end the following new
			 subparagraph:

					(F)the aggregate
				amount of all distributions during the taxable year from a natural disaster
				protection fund, except that a distribution made to return to the qualified
				insurance company any contribution that is not a qualified contribution for a
				taxable year shall not be included in gross income if such distribution is made
				prior to the filing by the qualified insurance company of its tax return for
				such taxable year.

			(d)Definitions and
			 other rules relating to natural disaster protection fundsSection
			 832 of such Code is amended by adding at the end the following new
			 subsection:

					(h)Definitions and
				other rules relating to natural disaster protection fundsFor
				purposes of this section—
						(1)Natural disaster
				protection fundThe term natural disaster protection
				fund (hereafter in this subsection referred to as the
				fund) means any money, securities, or other property held by a
				qualified insurance company that is identified and maintained in a segregated
				account—
							(A)which is
				designated as a natural disaster protection fund and held in a
				bank or bank branch located in the District of Columbia that is licensed and
				regulated by the Comptroller of the Currency or the District of Columbia
				Commissioner of Insurance, Securities, and Banking,
							(B)under the terms of
				which—
								(i)the assets in the
				fund are required to be invested in a manner consistent with the investment
				requirements applicable to all insurance companies under the laws of the
				District of Columbia,
								(ii)an excess balance
				drawdown amount is required to be distributed to the qualified insurance
				company no later than the close of the taxable year following the taxable year
				with respect to which such amount is determined, and
								(iii)no portion of
				the assets of the fund may be paid or distributed from the fund except for a
				qualified distribution.
								(2)Qualified
				Insurance CompanyThe term qualified insurance
				company means an insurer or reinsurer that—
							(A)is incorporated
				and domiciled in the District of Columbia,
							(B)is subject to
				supervision by the District of Columbia Commissioner of Insurance, Securities,
				and Banking,
							(C)maintains an
				office in the District of Columbia that employs no fewer than 10 full-time
				equivalent employees, of whom no fewer than 5 are residents of the District of
				Columbia,
							(D)is subject to
				taxes imposed by the District of Columbia on premiums collected for natural
				catastrophic risk coverage at the rates established in section 2608 of title
				47, D.C. Official Code, or any successor law without regard to the location of
				the insured risk, and
							(E)is not subject to
				premium taxes imposed by any State or other taxing jurisdiction for natural
				catastrophic risk coverage written through the fund.
							(3)Qualified
				ContributionThe term qualified contribution means a
				contribution to a fund established by a qualified insurance company of not more
				than the total of net premiums or other payments received during a taxable year
				for coverage of qualified losses, but only to the extent such contribution,
				when added to all previous contributions to the fund (including net investment
				earnings of the fund) and after subtracting all qualified distributions from
				the fund, does not exceed the amount reasonably at risk for the payment of
				qualified losses insured through the fund, less reinsurance on those risks, as
				determined actuarially on a multi-year basis.
						(4)Qualified
				distributionThe term qualified distribution means
				any amount paid or distributed for—
							(A)any payment of a
				qualified loss pursuant to an insurance policy or policy of reinsurance issued
				by the qualified insurance company,
							(B)any payment made
				to reinsure or otherwise spread the risk of catastrophe risk written by the
				qualified insurance company,
							(C)any excess balance
				drawdown amount,
							(D)any administrative
				expenses directly related to the maintenance and investment of the fund,
				and
							(E)any claims
				investigation and adjustments relating to a qualified loss.
							(5)Qualified
				LossThe term qualified loss means an insured loss
				on a United States risk that satisfies subparagraphs (A) and (B).
							(A)EventAn
				insured loss satisfies this subparagraph if the loss is attributable to one or
				more of the following events:
								(i)Wind (including
				hurricanes and tornados).
								(ii)Earthquake
				(including any fire following).
								(iii)Flood.
								(iv)Tsunami or tidal
				wave.
								(v)Volcanic
				eruption.
								(vi)Fire.
								(vii)Hail.
								(viii)Snow, ice,
				freezing, or other winter catastrophes.
								(ix)Pandemic or other
				public health catastrophe.
								(B)Catastrophe
				designation or minimum aggregate insured lossAn insured loss,
				with respect to an event described in subparagraph (A), satisfies this
				subparagraph if at least one of the following occurs:
								(i)Total insured
				losses from the event, or from more than one event happening simultaneously or
				immediately following, exceeds $1,000,000,000 on an industry-wide basis.
								(ii)The President of
				the United States declares a disaster or state of emergency because of the
				event.
								(iii)The Governor or
				chief executive of a State, possession or territory of the United States, or of
				the District of Columbia, declares a disaster or state of emergency because of
				such event.
								(iv)The Property
				Claims Services unit of Insurance Services Office, Inc., declares a
				catastrophic industry-wide loss because of one or more events.
								(6)Excess Balance
				Drawdown AmountThe term excess balance drawdown
				amount means the excess (if any) of—
							(A)the amount of the
				fund balance as of the end of the taxable year, over
							(B)the total amount
				of exposure of the fund to qualified losses at the end of the taxable year
				under policies written by the qualified insurance company, as determined
				actuarially on a multi-year basis.
							(7)United States
				riskThe term United States risk means any hazard,
				risk, loss, or liability attributable to property situated, or an activity
				conducted, in the United States, or its territories or possessions.
						(8)Exclusion of
				premiums and losses on certain Puerto Rican risksNotwithstanding
				any other provision of this subsection, premiums and losses with respect to
				risks covered by a catastrophe reserve established under the laws or
				regulations of the Commonwealth of Puerto Rico shall not be taken into account
				under this subsection in determining the amount of the qualified contributions
				allowed or the amount of qualified losses.
						(9)Contributions in
				kindA transfer of property other than money to a fund shall be
				treated as a sale or exchange of such property for an amount equal to its fair
				market value as of the date of transfer, and appropriate adjustment shall be
				made to the basis of such property. Section 267 shall apply to any loss
				realized upon such a transfer.
						(10)Distributions
				in kindA distribution of property other than money from a fund
				to a qualified insurance company shall be treated as a sale or exchange of such
				property, and any gain or loss realized on such sale or exchange shall be
				excluded from the gross income of the qualified insurance company.
						(11)RegulationsThe
				Secretary shall prescribe regulations as may be necessary or appropriate to
				carry out the purposes of this
				subsection.

			(e)Additional tax
			 on certain distributions from a natural disaster protection
			 fundSubsection (d) of section 831 of such Code (relating to the
			 tax on insurance companies other than life insurance companies) is amended by
			 redesignating subsection (d) as subsection (e) and inserting after subsection
			 (c) the following new subsection:

					(d)Tax on
				nonqualified distributions
						(1)In
				generalIn the case of a qualified insurance company, the tax
				imposed by this section for the current year shall be increased by an amount
				equal to 20 percent of the aggregate amount of nonqualified distributions made
				by such company during such year from a natural disaster protection
				fund.
						(2)Definitions
							(A)Nonqualified
				distributionsThe term nonqualified distributions
				means any distribution from a natural disaster protection fund other than a
				qualified distribution (as defined in section 832(h)(4)).
							(B)Other
				definitionsThe terms qualified insurance company
				and natural disaster protection fund shall have the meanings
				ascribed to such terms in section
				832(h).

			(f)Effective
			 dateThe amendments made by this bill shall apply to taxable
			 years beginning after December 31, 2009.


117 S2169 IS: Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act
U.S. Senate
2021-06-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2169IN THE SENATE OF THE UNITED STATESJune 22, 2021Mr. Blumenthal (for himself, Mr. Wyden, Mr. Murphy, Mr. Merkley, Mrs. Feinstein, Mr. Markey, Mr. Casey, Mr. Menendez, Ms. Klobuchar, Ms. Baldwin, Mr. Booker, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program relating to the removal of firearms from adjudicated domestic violence offenders, and for other purposes.1.Short titleThis Act may be cited as the Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act.2.FindingsCongress finds the following:(1)Congress has the responsibility to keep the populace of the United States safe, and domestic gun violence is a significant threat to the well-being of the United States.(2)Each year in the United States, more than 600 women are shot to death by an intimate partner. More women are killed in the United States by domestic partners than by any other type of assailant, and most of these homicides are committed with firearms.(3)Approximately 4,500,000 women alive in the United States today report having been threatened with a gun by a domestic partner.(4)More than half of intimate partner homicides in the United States are committed with a firearm. If a woman has an abusive male partner who has access to a firearm, the woman is 5 times more likely to be killed than she would be if the abusive male partner did not have access to a firearm, and domestic violence assaults involving a gun are 12 times more likely to result in death than domestic violence assaults involving other weapons or bodily force.(5)Perpetrators of intimate partner violence are far more likely to commit additional acts of gun violence. Nearly half of all mass shooters have committed acts of domestic violence.(6)Victims of intimate partner violence often pursue restraining orders as a means of protection in the immediate aftermath of, or in conjunction with, leaving dangerous partners and situations. This time period is especially dangerous for victims.(7)Although individuals against whom there is a domestic violence restraining order are barred from purchasing a firearm under section 922(g)(8) of title 18, United States Code, various loopholes in that section allow perpetrators to purchase and maintain possession of firearms. For example, Federal law only protects domestic violence victims against spouses, former spouses, cohabitants, former cohabitants, and individuals with whom those victims have a child. Furthermore, under Federal law, protective orders issued against domestic violence abusers on an emergency or ex parte basis do not prohibit those abusers from possessing or purchasing firearms.(8)Some States and local governments have passed laws that go beyond the Federal baseline by expanding the range of abusive partners included in firearm restrictions to encompass abusive dating partners. Numerous studies conducted between 2000 and 2017 have shown that States that pass these laws experience a significant reduction in intimate partner homicides.(9)States that restrict access to guns to individuals subject to active domestic violence restraining orders have experienced a 13 percent reduction in intimate partner homicides involving firearms.(10)Congress has the power to set a national standard to protect domestic violence victims who seek restraining orders against abusive partners by preventing those abusive partners from possessing or purchasing firearms and ammunition while the restraining order is in effect. 3.Title 18 amendments(a)Definitions of intimate partner and misdemeanor crime of domestic violence expandedSection 921(a) of title 18, United States Code, is amended—(1)by inserting before paragraph (32) the following:(31)The term covered domestic violence court order means a court order, with respect to a person—(A)(i)that was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or(ii)in the case of an ex parte order, relative to which notice and opportunity to be heard are provided—(I)within the time required by State, Tribal, or territorial law; and(II)in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person;(B)that restrains the person from—(i)harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or(ii)intimidating or dissuading a witness from testifying in court; and(C)that—(i)includes a finding that the person represents a credible threat to the physical safety of an individual described in subparagraph (B); or(ii)by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against an individual described in subparagraph (B) that would reasonably be expected to cause bodily injury.; (2)in paragraph (32), by striking all that follows after The term intimate partner and inserting the following: —(A)means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person; and(B)includes—(i)a dating partner (as defined in section 2266) or former dating partner; and(ii)any other individual similarly situated to a spouse who is protected by the domestic or family violence laws of the State, local, or Tribal jurisdiction in which the injury occurred or where the victim resides.; and(3)in paragraph (33)(A)—(A)in clause (i), by inserting after Federal, State, the following: municipal,; and(B)in clause (ii)—(i)by striking or the threatened and inserting the threatened; (ii)by inserting or stalking, after deadly weapon,; and(iii)by inserting dating partner (as defined in section 2266), after spouse, each place it appears. (b)Unlawful sale of firearm to a person subject to court orderSection 922(d)(8) of title 18, United States Code, is amended to read as follows:(8)is subject to a covered domestic violence court order; or.(c)List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expandedSection 922(g)(8) of title 18, United States Code, is amended to read as follows:(8)who is subject to a covered domestic violence court order; or.(d)Technical and conforming amendmentsThe NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended—(1)in section 3(1) (34 U.S.C. 40903(1)), by striking court order (as described in section 922(g)(8) and inserting covered domestic violence court order (as defined in section 921(a); and(2)in section 102(b)(1)(C)(v) (34 U.S.C. 40912(b)(1)(C)(v)), by striking court order described in section 922(g)(8) and inserting covered domestic violence court order, as defined in section 921(a). 4.Grant program(a)AmendmentTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:PPGrant program regarding removal of firearms from adjudicated domestic violence parties3061.DefinitionsIn this part:(1)Ammunition; firearmThe terms ammunition and firearm have the meanings given those terms in section 921 of title 18, United States Code.(2)Covered entityThe term covered entity means—(A)a State;(B)an Indian Tribe; or(C)a unit of local government.(3)Domestic violence protection orderThe term domestic violence protection order has the meaning given the term covered domestic violence court order in section 921 of title 18, United States Code.3062.Grant program(a)Authority to make grantsThe Attorney General may make grants to covered entities to assist the covered entities in carrying out the policies, procedures, protocols, laws, court rules, or regulations described in section 3063.(b)Eligible covered entity(1)In generalA covered entity shall be eligible to receive a grant under this section on and after the date on which the Attorney General determines that the covered entity has in effect policies, procedures, protocols, laws, court rules, or regulations that are substantially similar to the policies, procedures, laws, court rules, or regulations described in section 3063.(2)DeterminationIn making a determination under paragraph (1), the Attorney General may consider policies, procedures, protocols, laws, court rules, or regulations of a covered entity to be substantially similar to the policies, procedures, laws, courts rules, or regulations described in section 3063 even if the policies, procedures, protocols, laws, court rules, or regulations of the covered entity—(A)vary in scope;(B)prescribe different types of protective orders or firearm surrender orders; or(C)provide different timing requirements.(c)Use of fundsGrant funds awarded under this section may be used by a covered entity—(1)to assist law enforcement agencies or courts of the covered entity in carrying out the policies, procedures, protocols, laws, court rules, or regulations described in section 3063; and(2)in order to ensure the safety of domestic violence victims after a domestic violence protection order is issued in accordance with the policies, procedures, protocols, laws, court rules, or regulations described in section 3063, to partner with and provide support to not less than 1 domestic violence victim service provider, which may include an organization that is a culturally specific organization.(d)Application(1)In generalA covered entity desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require.(2)ContentsAn application submitted under this subsection shall include a description of an action plan of the covered entity to establish a partnership described in subsection (c)(2).3063.State and Tribal policies and proceduresThe policies, procedures, protocols, laws, court rules, or regulations described in this section are policies, procedures, protocols, laws, court rules, or regulations relating to the possession of a firearm or ammunition that—(1)direct a court, upon the issuance of a domestic violence protection order, to issue an additional order (referred to in this section as a firearm surrender order) that—(A)is in effect for the duration of the domestic violence protection order;(B)automatically terminates upon the expiration of the domestic violence protection order;(C)requires—(i)the individual subject to the firearm surrender order to, not later than 24 hours after the firearm surrender order is served, surrender physical possession of all firearms and ammunition in the possession, care, custody, or control of the individual, including any firearm that the individual has entrusted or lent to a third party, by either—(I)surrendering the firearms and ammunition to the chief law enforcement officer of the district in which the individual resides or a law enforcement agency designated by the State or Indian Tribe to receive and store firearms and ammunition; or(II)selling the firearms and ammunition to a licensed dealer (as defined in section 921 of title 18, United States Code); or(ii)the chief law enforcement officer of the district in which the individual resides or a law enforcement agency designated by the State or Indian Tribe to receive and store firearms and ammunition to, not later than 24 hours after the firearm surrender order is served, request the surrender of and remove and store any firearm or ammunition in the possession, care, custody, or control of the individual, including firearms and ammunition that the individual has entrusted or lent to a third party;(D)prohibits the individual from purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for the period of time during which the firearm surrender order is in effect;(E)revokes any permit or license of the individual to purchase, possess or carry a firearm or ammunition for the period of time during which the firearm surrender order is in effect; and (F)requires the individual subject to the firearm surrender order to, not later than 48 hours after the firearm surrender order is served by a court, file with the court—(i)a declaration under penalty of perjury that—(I)the individual has made the surrender described in subparagraph (C)(i);(II)the chief law enforcement officer of the district in which the individual resides has conducted the removal described in subparagraph (C)(ii); or(III)the individual did not possess any firearm or ammunition at the time of the issuance and service of the firearm surrender order and continues to not possess any firearms or ammunition; and(ii)an itemized receipt of any firearms or ammunition surrendered by the individual subject to the firearm surrender order under subparagraph (C)(i), or removed by a chief law enforcement officer from that individual under subparagraph (C)(ii), that is signed by the individual who took possession of those firearms or ammunition;(2)in the case of an individual who does not comply with paragraph (1)(C)(i), and where there are reasonable grounds to believe that the individual possesses or has purchased a firearm, require the chief law enforcement officer or designated law enforcement agency described in paragraph (1)(C)(ii) to remove any firearm or ammunition from the individual;(3)requires a chief law enforcement officer or designated law enforcement agency that conducts a removal under paragraph (1)(C)(ii) or (2) or receives a firearm or ammunition surrendered by an individual under paragraph (1)(C)(i)(I) to, not later than 48 hours after conducting the removal or receiving the surrendered firearm or ammunition, notify the court of the removal or surrender;(4)with respect to a firearm or ammunition that is surrendered under paragraph (1)(C)(i) or any firearm or ammunition removed under paragraph (1)(C)(ii) or (2), require the law enforcement agency to which the firearm or ammunition is surrendered or that removes any firearm or ammunition to—(A)safely store the firearm or ammunition; and(B)at the request of the individual subject to the firearm surrender order, not later than 7 days after the date on which the domestic violence protection order described in paragraph (1) expires or is removed—(i)perform a background check on the individual subject to the firearm surrender order to determine whether the individual is prohibited from possessing or receiving a firearm under Federal or State law; and(ii)return the firearm or ammunition to the individual subject to the firearm surrender order if the individual is not prohibited from possessing or receiving a firearm under Federal, State, or Tribal law; and(5)require the courts and relevant law enforcement agencies to partner with and provide support for local domestic violence programs in order to ensure the safety of victims of domestic violence after the issuance of a firearm surrender order..(b)Authorization of appropriationsSection 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261) is amended by adding at the end the following:(29)There are authorized to be appropriated such sums as are necessary to carry out part PP..


110  H R. 2512 IH: Reducing Coverage Gaps for Kids Act of 2007
U.S. Senate
2007-05-24
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. 2512
IN THE HOUSE OF REPRESENTATIVES

May 24, 2007
Mr. Al Green of Texas (for himself, Mr. Ellison, Mr. Wynn, Mr. Butterfield, Mr. Davis of Alabama, Mr. Towns, Mr. Meeks of New York, Mr. Bishop of Georgia, Mr. Scott of Georgia, Mr. Gene Green of Texas, Mr. Thompson of Mississippi, Mr. Cleaver, Ms. Corrine Brown of Florida, Mr. Johnson of Georgia, Mr. Perlmutter, Ms. Hirono, Ms. Eddie Bernice Johnson of Texas, Mr. Honda, Mr. Faleomavaega, Ms. Watson, Mr. Scott of Virginia, Mr. Payne, Mr. Clay, Ms. Jackson-Lee of Texas, and Mr. Fattah) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend titles XIX and XXI of the Social Security Act to prohibit States from requiring eligibility determinations for children for benefits under the Medicaid Program and the State Children’s Health Insurance Program (SCHIP) more frequently than once every year.

1.Short titleThis Act may be cited as the Reducing Coverage Gaps for Kids Act of 2007.
2.Prohibiting States from requiring Medicaid or SCHIP eligibility determinations of children more frequently than annually
(a)MedicaidSection 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended—
(1)in paragraph (69), by striking and at the end;
(2)in paragraph (70), by striking the period at the end and inserting ; and; and
(3)by inserting after paragraph (70) the following new paragraph:

(71)provide that eligibility of an individual under 19 years of age under this title (including under a waiver approved under section 1115) shall be effective for a 12-month period (or, if earlier, until the date the individual would no longer be eligible for medical assistance under this title based on age) without requirement to determine eligibility before the end of such period, except that a State may require such an individual to notify the State of changes in income or other circumstances during such a 12-month period and may redetermine such individual’s eligibility based on such changes..
(b)SCHIPSection 2102(b)(2) of such Act (42 U.S.C. 1397bb(b)(2)) is amended by adding at the end the following: Such methods shall provide that eligibility of a targeted low-income child shall be effective for a 12-month period (or, if earlier, until the date the child would no longer be eligible based on age) without requirement to determine eligibility before the end of such period. The previous sentence shall not be construed as preventing a State from requiring a targeted low-income child to notify the State of changes in income or other circumstances during such a 12-month period and as preventing a State from redetermining such child’s eligibility based on such changes..
(c)Effective dateThe amendments made by this section shall apply to States with respect to eligibility determinations for periods beginning on or after January 1, 2008.