114 SRES 370 IS: Recognizing that for nearly 40 years, the United States and the Association of South East Asian Nations (ASEAN) have worked toward stability, prosperity, and peace in Southeast Asia.
U.S. Senate
2016-02-10
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.

		III
		114th CONGRESS
		2d Session
		S. RES. 370
		IN THE SENATE OF THE UNITED STATES

			February 10, 2016
			Mr. Cardin (for himself, Mr. McCain, Mr. Schatz, Mr. Sullivan, Mrs. Feinstein, and Ms. Hirono) submitted the following resolution; which was referred to the Committee on Foreign Relations

		RESOLUTION
		Recognizing that for nearly 40 years, the United States and the Association of South East Asian
			 Nations (ASEAN) have worked toward stability, prosperity, and peace in
			 Southeast Asia.

 Whereas the February 2016 U.S.-ASEAN summit at Sunnylands in Rancho Mirage, California, is an opportunity to deepen the United States-ASEAN partnership;
 Whereas the United States and the Association of South East Asian Nations (ASEAN) established dialogue relations on September 10, 1977, with the issuing of the 1977 Joint Communique of the First ASEAN-U.S. Dialogue, and the United States acceded to the Treaty of Amity and Cooperation in Southeast Asia (TAC) at the ASEAN Post Ministerial Conference Session with the United States in Thailand on July 22, 2009;
 Whereas the United States was the first non-ASEAN country to appoint an ambassador to ASEAN on April 29, 2008, and the first dialogue partner to establish a permanent mission to ASEAN in 2010;
 Whereas the United States has supported efforts to strengthen the ASEAN Secretariat and expand its role in providing greater coordination between and enhancing the effectiveness of regional institutions;
 Whereas the first-ever U.S.-ASEAN Defense Forum was held on April 1, 2014, in Honolulu, Hawaii, further deepening ties on the challenges to security, peace, and prosperity in the region, and on November 21, 2015, the United States and ASEAN elevated their relationship to the ASEAN-U.S. Strategic Partnership in Kuala Lumpur, Malaysia at the 3rd U.S.-ASEAN summit;
 Whereas the Governments and people of the United States and ASEAN can help realize their common vision of a peaceful, prosperous, rules-based Asia-Pacific region that offers security, opportunity, and dignity to all of its citizens;
 Whereas ASEAN is the 7th largest economy in the world, at $2,400,000,000,000, representing the United States 4th largest export market with total-two way trade in goods and services reaching $254,000,000,000 and accounting for more than 500,000 jobs in the United States, and it represents a diverse group of nations and dynamic economies with an expanding workforce, a growing middle class, and a diverse set of skills, cultures, and resources;
 Whereas ASEAN is home to critical global sea lanes located at the center of the world’s strongest economic growth area, with $5,300,000,000,000 of global trade and more than half of total shipped tonnage transiting through ASEAN’s sea lanes each year;
 Whereas the United States has a national interest in freedom of navigation and overflight, open access to Asia’s maritime commons, and respect for international law in the South China Sea;
 Whereas the South China Sea represents a critical international waterway not just for the region but the entire world;
 Whereas the United States does not take sides on the competing territorial disputes, but believes claimants should pursue their territorial claims without resort to coercion, and through collaborative diplomacy, including international arbitration, and in accordance with international law and institutions;
 Whereas the United States opposes all claims in the maritime domain that impinge on the rights, freedoms, and lawful use of the sea that belongs to all nations and upholds the principles that territorial and maritime claims, including territorial waters or territorial seas, must be derived from land features and otherwise comport with international law;
 Whereas the United States supports the Philippines’ decision to use arbitration under the United Nations Convention on the Law of the Sea (UNCLOS), done at Montego Bay December 10, 1982, to peacefully and lawfully address competing territorial claims;
 Whereas the Declaration on the Conduct of Parties in the South China Sea (DOC) was signed by all members of ASEAN and the People’s Republic of China on November 4, 2002, and the United States supports efforts by ASEAN and the People’s Republic of China to develop an effective Code of Conduct (COC), encourages claimants not to undertake new or unilateral attempts to change the status quo since the signing of the 2002 Declaration of Conduct, including reclamation activities or asserting administrative measures or controls in disputed areas in the South China Sea; and supports efforts to fully and effectively implement the Declaration of Conduct in its entirety and to work toward the expeditious conclusion of an effective Code of Conduct;
 Whereas the United States has invested significantly in maritime security capacity building with allies and partners in ASEAN to respond to threats in waters off their coasts and to provide maritime security more broadly across the region;
 Whereas the United States, as a longstanding Asia-Pacific power, will maintain and exercise freedom of operations in the international waters and airspace in the Asia-Pacific maritime domains, which are critical to the prosperity, stability, and security of ASEAN and the entire Asia-Pacific region;
 Whereas ASEAN is a partner to the United States on key transnational challenges, such as terrorism, violent extremism, climate change, environmental degradation and pollution, energy, infectious diseases, disarmament, proliferation of weapons of mass destruction, cybersecurity, trafficking in persons, illicit trafficking of wildlife and timber and illegal, unregulated, and unreported fishing;
 Whereas the United States, ASEAN, and other Dialogue Partners, through the 2015 East Asia Summit, adopted a statement on transnational cyber issues, emphasizing the importance of regional cooperation to improve the security and stability of cyber networks which sets an important precedent for strengthening practical cooperation, risk reduction, and confidence building in cyberspace;
 Whereas the 2015 East Asia Summit in Kuala Lumpur adopted a statement on countering violent extremism, where the United States, ASEAN, and other Dialogue Partner leaders sent a clear signal of the region’s determination to tackle challenges posed by the Islamic State of Iraq and Syria and other violent extremist groups, and to respond to their efforts to spread their ideology of violence and terrorism;
 Whereas 2015 East Asia Summit leaders also adopted a statement on health security in responding to diseases with pandemic potential, which committed the region to improve health surveillance systems in each nation, and emphasized the importance of information sharing to promote early detention and response to potential pandemics;
 Whereas all members at the 2015 East Asia Summit adopted a statement on maritime cooperation, including preventing incidents at sea, illegal, unreported and unregulated fishing, irregular migration, piracy, and to collaborate on protecting the marine environment;
 Whereas changes in climatic conditions in the ASEAN region over the past four decades have resulted in major loss and damage throughout the ASEAN region with a disproportionate impact on developing countries, with the experiences of Cyclone Nargis in Myanmar and Typhoon Haiyan in the Philippines providing stark evidence of the destructive impacts on the region;
 Whereas conservation and sustainable management of forests throughout ASEAN play an important role in helping to mitigate changes in the climate, reduce the risks of extreme weather events and other climate-driven disasters, and provide sustainable economic livelihood opportunities for local communities;
 Whereas the United States will pursue initiatives that are consistent with broader sustainable development, including the achievement of food security and poverty alleviation throughout the ASEAN region, and build on cooperative efforts outlined at the 2014 ASEAN-U.S. Summit to further tackle this global challenge;
 Whereas ASEAN is the third-fastest growing economy in Asia after China and India, expanding by 30 percent since 2007 and exceeding the global growth average for the past 10 years;
 Whereas the ASEAN Economic Community aims to create one of the largest single market economies in the world, facilitating the free movement of goods, services, and professionals and a sense of economic community among its member states;
 Whereas the United States is the largest investor in Southeast Asia, almost $190,000,000,000 in 2012, creating millions of jobs in the United States and in ASEAN Member States, while investment in the United States from Southeast Asia has increased more than from any other region in the past decade;
 Whereas the United States has helped ASEAN create a Single Window customs facilitation system that will help to expedite intra-ASEAN trade and make it easier for United States businesses to operate in the region;
 Whereas the U.S.-ASEAN Business Alliance for Competitive SMEs has already trained 3,500 small to medium enterprises, with nearly half of the individuals trained being young women entrepreneurs;
 Whereas United States-ASEAN development cooperation has focused on innovation and capacity-building efforts in technology, education, disaster management, food security, human rights, and trade facilitation;
 Whereas the Lower Mekong Initiative, established on July 23, 2009, is a multinational effort that helps promote sustainable economic development in mainland Southeast Asia to foster integrated, multisectoral subregional cooperation and capacity building;
 Whereas the United States is a committed partner with ASEAN on the protection of human rights, which are essential for fostering and maintaining stability, security, and good governance;
 Whereas, on November 18, 2012, ASEAN Member States came together and adopted an ASEAN Human Rights Declaration that by its own terms affirms all the civil and political rights and the economic social and cultural rights in the Universal Declaration of Human Rights;
 Whereas the United States supports the work and mandate of the ASEAN Intergovernmental Commission on Human Rights (AICHR), including capacity building for the promotion and protection of human rights and its priority, programs, and activities;
 Whereas the Young Southeast Asian Leaders Program has now engaged over 60,000 people between the ages of 18 and 35 across all 10 ASEAN nations to promote innovation among young people while also providing skills to a new generation of people who will create and fill the jobs of the future;
 Whereas the irregular movement of persons continues to be one of the main security threats in the South East Asia region;
 Whereas addressing migration flows and combating human smuggling in ASEAN is an important, ongoing challenge requiring increased coordination and shared responsibility;
 Whereas, on November 21, 2015, ASEAN signed the ASEAN Convention Against Trafficking in Persons, Especially Women and Children, which represents an important step forward in preventing trafficking, prosecuting the perpetrators, and protecting the survivors; and
 Whereas the United States supports ASEAN Member States in anticorruption efforts through, among other initiatives, the implementation of the United Nations Convention Against Corruption: Now, therefore, be it

 That the Senate— (1)welcomes the leaders of the Association of South East Asian Nations (ASEAN) to the United States for the special February 2016 U.S.-ASEAN summit meeting at Rancho Mirage, California, and affirms the summit as the first regular U.S.-ASEAN summit;
 (2)supports and welcomes the elevation of the United States-ASEAN relationship to a strategic partnership and recommits the United States to ASEAN centrality and to helping to build a strong, stable, politically cohesive, economically integrated, and socially responsible ASEAN community with common rules, norms, procedures, and standards consistent with international law and the principles of a rule-based Asia-Pacific community;
 (3)supports efforts towards increasing two-way trade and investment, promoting trade and investment liberalization and facilitation, encouraging strong, sustainable, and inclusive economic growth and job creation, and deepening connectivity;
 (4)urges ASEAN to continue its efforts to foster greater integration and unity, including with non-ASEAN economic, political, and security partners, including Japan, the Republic of Korea, Australia, the European Union, and India, both inside of and outside of Asia;
 (5)supports efforts by ASEAN nations to address maritime and territorial disputes in a constructive manner and to pursue claims through peaceful, diplomatic, and legitimate regional and international arbitration mechanisms, consistent with international law;
 (6)urges all parties to maritime and territorial disputes in the Asia-Pacific region to— (A)respect the status quo;
 (B)exercise self-restraint in the conduct of activities that would undermine stability or complicate or escalate disputes through the use of coercion, intimidation, or military force;
 (C)cease land reclamation activities; and (D)refrain from inhabiting or garrisoning or otherwise militarizing uninhabited islands, reefs, shoals, and other features;
 (7)opposes actions by any country to prevent any other country from exercising its sovereign rights to the resources of the exclusive economic zone (EEZ) and continental shelf by making claims to those areas in the South China Sea that have no support in international law;
 (8)opposes unilateral declarations of administrative and military districts in contested areas in the South China Sea;
 (9)opposes the imposition of new fishing regulations covering disputed areas in the South China Sea, which have raised tensions in the region;
 (10)urges parties to refrain from unilateral actions that cause permanent physical change to the marine environment in areas pending final delimitation;
 (11)supports efforts by the Association of Southeast Asian Nations (ASEAN) and the People’s Republic of China to develop an effective Code of Conduct (COC) and urges ASEAN to implement and work toward the expeditious conclusion of an effective Code of Conduct with regards to the South China Sea;
 (12)urges ASEAN to develop a common approach to reaffirm the decision of the Permanent Court of Arbitration in The Hague’s ruling with respect to the case between the Republic of the Philippines and the People’s Republic of China;
 (13)supports efforts by United States partners and allies in ASEAN— (A)to enhance maritime capability;
 (B)to retain unhindered access to and use of international waterways in the Asia-Pacific region that are critical to ensuring the security and free flow of commerce;
 (C)to improve maritime domain awareness; (D)to counter piracy;
 (E)to disrupt illicit maritime trafficking activities and other forms of maritime trafficking activity; and
 (F)to enhance the maritime capabilities of a country or regional organizations to respond to emerging threats to maritime security in the Asia-Pacific region;
 (14)reaffirms the enhancement of United States-ASEAN economic engagement, including the elimination of barriers to cross-border commerce, and supports the ASEAN Economic Community’s goals, including strong, inclusive, and sustainable growth and cooperation between the United States and ASEAN that focuses on innovation and capacity building efforts in technology, education, disaster management, food security, human rights, and trade facilitation, including for ASEAN's poorest countries;
 (15)supports the Lower Mekong Initiative, which has made significant progress in promoting sustainable economic development in mainland Southeast Asia and fostering integrated subregional cooperation and capacity building;
 (16)supports capacity building for the promotion and protection of human rights and related priority, programs, and activities;
 (17)supports the Young Southeast Asian Leaders Initiative program as an example of people-to-people partnership building that provides skills and networks to a new generation of people who will create and fill the jobs of the future;
 (18)reaffirms the commitment of the United States to continue joint efforts with ASEAN to halt human smuggling and trafficking of persons and urges ASEAN to make increased efforts to create and strengthen regional mechanisms to provide assistance and support to refugees and migrants;
 (19)urges ASEAN nations to engage directly with leaders of civil society, human rights, and environmental groups before, during, and after the February 2016 summit; and
 (20)encourages the President to communicate to ASEAN leaders the importance of releasing political prisoners and ending politically motivated prosecutions.


109 HR 2622 IH: Social Security Uninsured Children’s Entitlement Act of 2005
U.S. House of Representatives
2005-05-25
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. 2622
IN THE HOUSE OF REPRESENTATIVES

May 25, 2005
Mr. Andrews 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 monthly benefits for certain uninsured children living without parents.

1.Short titleThis Act may be cited as the Social Security Uninsured Children’s Entitlement Act of 2005.
2.Benefits for certain uninsured children
(a)In generalTitle II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section:

235.Benefits for certain uninsured children
(a)EligibilityEvery individual who would not be entitled to child’s insurance benefits under section 202(d) upon filing application therefor and who—
(1)has not attained the age of 18 and has not married,
(2)
(A)has no living parent or (B) with respect to any parent (including an adoptive parent) who is living, has provided to the Commissioner of Social Security (in such form and manner as shall be prescribed in regulations of the Commissioner) a notarized statement that such individual has had no contact with such parent for at least 2 years and that reasonable attempts by a guardian or appropriate government agency to locate such parent have not been successful,
(3)is a resident of the United States (as defined in subsection (c)), and is (A) a citizen of the United States or (B) an alien lawfully admitted for permanent residence who has resided in the United States (as defined in subsection 210(i)) continuously during the 5 years immediately preceding the month in which he or she files application under this section, and
(4)has filed application for benefits under this section, shall (subject to the limitations in this section) be entitled to a benefit under this section for each month beginning with the first month in which he or she becomes so entitled to such benefits and ending with the month preceding the month in which he or she attains 18 years of age or marries. No application under this section which is filed by an individual more than 3 months before the first month in which he or she meets the requirements of paragraphs (1), (2), and (3) shall be accepted as an application for purposes of this section.
(b)Benefit amountThe benefit amount to which an individual is entitled under this section for any month shall be the larger of $200 or the amount most recently established in lieu thereof under section 215(i).
(c)Suspension where individual is residing outside the United StatesThe benefit to which any individual is entitled under this section for any month shall not be paid if, during such month, such individual is not a resident of the United States. For purposes of this subsection, the term United States means the 50 States and the District of Columbia.
(d)Treatment as monthly insurance benefitsFor purposes of subsections (t) and (u) of section 202, a monthly benefit under this section shall be treated as a monthly insurance benefit payable under section 202.
(e)Annual reimbursement of Federal Old-Age and Survivors Insurance Trust FundThere are authorized to be appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending September 30, 2006, and for each fiscal year thereafter, such sums as the Commissioner of Social Security deems necessary on account of—
(1)payments made under this section during the second preceding fiscal year and all fiscal years prior thereto to individuals entitled to benefits under this section,
(2)the additional administrative expenses resulting from the payments described in paragraph (1), and
(3)any loss in interest to such Trust Fund resulting from such payments and expenses, in order to place such Trust Fund in the same position at the end of such fiscal year as it would have been in if such payments had not been made..
(b)Cost of living adjustmentsSection 215(i)(2)(A)(ii)(I) of such Act (42 U.S.C. 415(i)(2)(A)(ii)(I)) is amended by striking section 227 or 228 and inserting section 227, 228, or 235.
3.Effective dateThe amendments made by this Act shall take effect with respect to applications filed on or after January 1, 2006.


		I
		112th CONGRESS
		2d Session
		H. R. 6148
		IN THE HOUSE OF REPRESENTATIVES

			July 18, 2012
			Mr. Kelly (for
			 himself and Ms. Buerkle) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To make permanent the EGTRRA improvements to Coverdell
		  education savings accounts.

		1.Short titleThis Act may be cited as the
			 Families Saving for Education Act of
			 2012.
		2.Permanent
			 extension of EGTRRA modifications to Coverdell education savings
			 accountsSection 901 of the
			 Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by adding
			 at the end the following new subsection:

				(c)ExceptionSubsection (a) shall not apply to the
				amendments made by section
				401.
				.


		II

		109th CONGRESS

		1st Session

		S. 2108

		IN THE SENATE OF THE UNITED STATES

			December 15, 2005

			Mr. Crapo (for himself

			 and Mr. Craig) introduced the following

			 bill; which was read twice and referred to the

			 Committee on Energy and Natural

			 Resources

		A BILL

		To ensure general aviation aircraft access to Federal

		  land and to the airspace over Federal land.

		1.Short

			 titleThis Act may be cited as

			 the Backcountry Landing Strip Access

			 Act.

		2.FindingsCongress finds that—

			(1)aircraft landing

			 strips—

				(A)serve an

			 essential safety role as emergency landing areas;

				(B)provide access to

			 people who would otherwise be physically unable to enjoy national parks,

			 national forests, wilderness areas, and other Federal land;

				(C)support State

			 economies by providing efficient access for visitors seeking recreational

			 activities; and

				(D)serve an

			 essential role in search and rescue, forest and ecological management,

			 research, wildlife management, aerial mapping, firefighting, and disaster

			 relief; and

				(2)the Secretary of

			 the Interior and the Secretary of Agriculture should—

				(A)adopt a

			 nationwide policy for governing backcountry aviation issues relating to the

			 management of Federal land under the jurisdiction of the Secretaries;

			 and

				(B)require regional

			 managers to comply with the policy adopted under subparagraph (A).

				3.Definitions

			In this

			 Act:

				(1)AdministratorThe

			 term Administrator means the Administrator of the Federal

			 Aviation Administration.

				(2)Aircraft

			 landing stripThe term aircraft landing strip

			 means an established aircraft landing strip located on Federal land under the

			 administrative jurisdiction of the Secretary that is commonly known, and has

			 been or is consistently used, for aircraft landing and departure

			 activities.

				(3)Permanently

			 closeThe term permanently close means any closure,

			 the duration of which is more than 90 days in any calendar year.

				(4)SecretaryThe

			 term Secretary means—

					(A)with respect to

			 land under the jurisdiction of the Secretary of the Interior, the Secretary of

			 the Interior; and

					(B)with respect to

			 land under the jurisdiction of the Secretary of Agriculture, the Secretary of

			 Agriculture.

					4.Procedure for

			 consideration of actions affecting certain aircraft landing strips

			(a)In

			 generalThe Secretary shall not take any action that would

			 permanently close, restrict, or render or declare as unserviceable any aircraft

			 landing strip unless—

				(1)the head of the

			 aviation department of each State in which the aircraft landing strip is

			 located approves the action;

				(2)the Secretary

			 publishes in the Federal Register notice of the proposed action, including

			 notice that the action would permanently close, restrict, or render or declare

			 as unserviceable the aircraft landing strip;

				(3)the Secretary

			 provides for a 90-day public comment period beginning on the date of

			 publication of the notice under paragraph (2); and

				(4)the Secretary and

			 the head of the aviation department of each State in which the affected

			 aircraft landing strip is located have taken into consideration any comments

			 received during the comment period under paragraph (3).

				(b)Policies

				(1)Backcountry

			 aviation policiesNot later than 2 years after the date of

			 enactment of this Act, the Secretaries shall—

					(A)adopt a

			 nationwide policy for governing backcountry aviation issues relating to the

			 management of Federal land under the jurisdiction of the Secretaries;

			 and

					(B)require regional

			 managers to adhere to the policy adopted under subparagraph (A).

					(2)RequirementsAny

			 policy affecting air access to an aircraft landing strip, including the policy

			 adopted under paragraph (1), shall not take effect unless the policy—

					(A)states that the

			 Administrator has the sole authority to control aviation and airspace over the

			 United States; and

					(B)seeks and

			 considers comments from State governments and the public.

					(c)Maintenance of

			 airstrips

				(1)In

			 generalTo ensure that aircraft landing strips are maintained in

			 a manner that is consistent with the resource values of any adjacent area, the

			 Secretary shall consult with—

					(A)the head of the

			 aviation department of each State in which an aircraft landing strip is

			 located; and

					(B)any other

			 interested parties.

					(2)Cooperative

			 agreementsThe Secretary may enter into cooperative agreements

			 with interested parties for the maintenance of aircraft landing strips.

				(d)Exchanges or

			 acquisitionsThere shall not be as a condition of any Federal

			 acquisition of, or exchange involving, private property on which a landing

			 strip is located—

				(1)the closure or

			 purposeful neglect of the landing strip; or

				(2)any other action

			 that would restrict use or render any landing strip unserviceable.

				(e)ApplicabilitySubsections

			 (a), (b)(2), and (d) shall apply to any action, policy, exchange, or

			 acquisition, respectively, that is not final on the date of enactment of this

			 Act.

			(f)Effect on

			 federal aviation administration authorityNothing in this Act

			 affects the authority of the Administrator over aviation or airspace.


113 HR 3417 IH: Tax Transparency Act of 2013
U.S. House of Representatives
2013-10-30
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. 3417IN THE HOUSE OF REPRESENTATIVESOctober 30, 2013Mr. Sam Johnson of Texas introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, 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 concernedA BILLTo prohibit the consideration of any bill by Congress unless a statement on tax transparency is provided in the bill.1.Short titleThis Act may be cited as the Tax Transparency Act of 2013.2.Tax effect transparency(a)In generalChapter 2 of title 1, United States Code, is amended by inserting after section 102 the following:102a.Tax effect transparency(a)In generalEach Act of Congress, bill, resolution, conference report thereon, or amendment thereto, that modifies Federal tax law shall contain a statement describing the general effect of the modification on Federal tax law.(b)Failure To comply(1)In generalA failure to comply with subsection (a) shall give rise to a point of order in either House of Congress, which may be raised by any Senator during consideration in the Senate or any Member of the House of Representatives during consideration in the House of Representatives.(2)NonexclusivityThe availability of a point of order under this section shall not affect the availability of any other point of order.(c)Disposition of point of order in the Senate(1)In generalAny Senator may raise a point of order that any matter is not in order under subsection (a).(2)Waiver(A)In generalAny Senator may move to waive a point of order raised under paragraph (1) by an affirmative vote of three-fifths of the Senators duly chosen and sworn.(B)ProceduresFor a motion to waive a point of order under subparagraph (A) as to a matter—(i)a motion to table the point of order shall not be in order;(ii)all motions to waive one or more points of order under this section as to the matter shall be debatable for a total of not more than 1 hour, equally divided between the Senator raising the point of order and the Senator moving to waive the point of order or their designees; and(iii)a motion to waive the point of order shall not be amendable.(d)Disposition of point of order in the House of Representatives(1)In generalIf a Member of the House of Representatives makes a point of order under this section, the Chair shall put the question of consideration with respect to the proposition of whether any statement made under subsection (a) was adequate or, in the absence of such a statement, whether a statement is required under subsection (a).(2)ConsiderationFor a point of order under this section made in the House of Representatives—(A)the question of consideration shall be debatable for 10 minutes, equally divided and controlled by the Member making the point of order and by an opponent, but shall otherwise be decided without intervening motion except one that the House of Representatives adjourn or that the Committee of the Whole rise, as the case may be;(B)in selecting the opponent, the Speaker of the House of Representatives should first recognize an opponent from the opposing party; and(C)the disposition of the question of consideration with respect to a measure shall be considered also to determine the question of consideration under this section with respect to an amendment made in order as original text.(e)Rulemaking authorityThe provisions of this section are enacted by the Congress—(1)as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and(2)with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House..(b)Clerical amendmentThe table of sections at the beginning of chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 102 the following new item:102a. Tax effect transparency..


		II

		109th CONGRESS

		1st Session

		S. 1303

		IN THE SENATE OF THE UNITED

		  STATES

			June 23, 2005

			Mr. Rockefeller (for

			 himself, Mr. Reed,

			 Mr. Lautenberg, Mr. Corzine, Mr.

			 Sarbanes, and Mr. Kerry)

			 introduced the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Social Security Act to

		  guarantee comprehensive health care coverage for all children born after

		  2006.

		1.Short title; table of

			 contents; findings

			(a)Short

			 titleThis Act may be cited

			 as the MediKids Health Insurance Act

			 of 2005.

			(b)Table of

			 contentsThe table of

			 contents of this Act is as follows:

					Sec. 1. Short title;

				table of contents; findings.

					Sec. 2. Benefits for all children born after

				2006.

						Title XXII—MediKids program

						Sec. 2201. Eligibility.

						Sec. 2202. Benefits.

						Sec. 2203. Premiums.

						Sec. 2204. MediKids Trust Fund.

						Sec. 2205. Oversight and accountability.

						Sec. 2206. Inclusion of

				  care coordination services.

						Sec. 2207. Administration and

				  miscellaneous.

					Sec. 3. MediKids premium.

					Sec. 4. Refundable

				credit for cost-sharing expenses under MediKids program.

					Sec. 5. Report on

				long-term revenues.

			(c)FindingsCongress finds the following:

				(1)More than 9 million American children are

			 uninsured.

				(2)Children who are uninsured receive less

			 medical care and less preventive care and have a poorer level of health, which

			 result in lifetime costs to themselves and to the entire American

			 economy.

				(3)Although SCHIP and Medicaid are

			 successfully extending a health coverage safety net to a growing portion of the

			 vulnerable low-income population of uninsured children, they alone cannot

			 achieve 100 percent health insurance coverage for our nation’s children due to

			 inevitable gaps during outreach and enrollment, fluctuations in eligibility,

			 variations in access to private insurance at all income levels, and variations

			 in States ability to provide required matching funds.

				(4)As all segments of society continue to

			 become more transient, with many changes in employment over the working

			 lifetime of parents, the need for a reliable safety net of health insurance

			 which follows children across State lines, already a major problem for the

			 children of migrant and seasonal farmworkers, will become a major concern for

			 all families in the United States.

				(5)The medicare program has successfully

			 evolved over the years to provide a stable, universal source of health

			 insurance for the nation’s disabled and those over age 65, and provides a

			 tested model for designing a program to reach out to America’s children.

				(6)The problem of insuring 100 percent of all

			 American children could be gradually solved by automatically enrolling all

			 children born after December 31, 2006, in a program modeled after Medicare (and

			 to be known as MediKids), and allowing those children to be

			 transferred into other equivalent or better insurance programs, including

			 either private insurance, SCHIP, or Medicaid, if they are eligible to do so,

			 but maintaining the child’s default enrollment in MediKids for any times when

			 the child’s access to other sources of insurance is lost.

				(7)A family’s freedom of choice to use other

			 insurers to cover children would not be interfered with in any way, and

			 children eligible for SCHIP and Medicaid would continue to be enrolled in those

			 programs, but the underlying safety net of MediKids would always be available

			 to cover any gaps in insurance due to changes in medical condition, employment,

			 income, or marital status, or other changes affecting a child’s access to

			 alternate forms of insurance.

				(8)The MediKids program can be administered

			 without impacting the finances or status of the existing Medicare

			 program.

				(9)The MediKids benefit package can be

			 tailored to the special needs of children and updated over time.

				(10)The financing of the program can be

			 administered without difficulty by a yearly payment of affordable premiums

			 through a family’s tax filing (or adjustment of a family’s earned income tax

			 credit).

				(11)The cost of the program will gradually rise

			 as the number of children using MediKids as the insurer of last resort

			 increases, and a future Congress always can accelerate or slow down the

			 enrollment process as desired, while the societal costs for emergency room

			 usage, lost productivity and work days, and poor health status for the next

			 generation of Americans will decline.

				(12)Over time 100 percent of American children

			 will always have basic health insurance, and we can therefore expect a

			 healthier, more equitable, and more productive society.

				2.Benefits for all

			 children born after 2006

			(a)In

			 generalThe

			 Social Security Act is amended by

			 adding at the end the following new title:

					XXIIMediKids program

						2201.Eligibility

							(a)Eligibility of

				individuals born after December 31, 2006; all children under 23 years of age in

				fifth yearAn individual who

				meets the following requirements with respect to a month is eligible to enroll

				under this title with respect to such month:

								(1)Age

									(A)First

				yearAs of the first day of

				the first year in which this title is effective, the individual has not

				attained 6 years of age.

									(B)Second

				yearAs of the first day of

				the second year in which this title is effective, the individual has not

				attained 11 years of age.

									(C)Third

				yearAs of the first day of

				the third year in which this title is effective, the individual has not

				attained 16 years of age.

									(D)Fourth

				yearAs of the first day of

				the fourth year in which this title is effective, the individual has not

				attained 21 years of age.

									(E)Fifth and

				subsequent yearsAs of the

				first day of the fifth year in which this title is effective and each

				subsequent year, the individual has not attained 23 years of age.

									(2)CitizenshipThe individual is a citizen or national of

				the United States or is permanently residing in the United States under color

				of law.

								(b)Enrollment

				processAn individual may

				enroll in the program established under this title only in such manner and form

				as may be prescribed by regulations, and only during an enrollment period

				prescribed by the Secretary consistent with the provisions of this section.

				Such regulations shall provide a process under which—

								(1)individuals who are born in the United

				States after December 31, 2006, are deemed to be enrolled at the time of birth

				and a parent or guardian of such an individual is permitted to pre-enroll in

				the month prior to the expected month of birth;

								(2)individuals who are born outside the United

				States after such date and who become eligible to enroll by virtue of

				immigration into (or an adjustment of immigration status in) the United States

				are deemed enrolled at the time of entry or adjustment of status;

								(3)eligible individuals may otherwise be

				enrolled at such other times and manner as the Secretary shall specify,

				including the use of outstationed eligibility sites as described in section

				1902(a)(55)(A) and the use of presumptive eligibility provisions like those

				described in section 1920A; and

								(4)at the time of automatic enrollment of a

				child, the Secretary provides for issuance to a parent or custodian of the

				individual a card evidencing coverage under this title and for a description of

				such coverage.

								The provisions of section 1837(h)

				apply with respect to enrollment under this title in the same manner as they

				apply to enrollment under part B of title XVIII. An individual who is enrolled

				under this title is not eligible to be enrolled under an MA or MA–PD plan under

				part C of title XVIII.(c)Date coverage

				begins

								(1)In

				generalThe period during

				which an individual is entitled to benefits under this title shall begin as

				follows, but in no case earlier than January 1, 2007:

									(A)In the case of an individual who is

				enrolled under paragraph (1) or (2) of subsection (b), the date of birth or

				date of obtaining appropriate citizenship or immigration status, as the case

				may be.

									(B)In the case of another individual who

				enrolls (including pre-enrolls) before the month in which the individual

				satisfies eligibility for enrollment under subsection (a), the first day of

				such month of eligibility.

									(C)In the case of another individual who

				enrolls during or after the month in which the individual first satisfies

				eligibility for enrollment under such subsection, the first day of the

				following month.

									(2)Authority to

				provide for partial months of coverageUnder regulations, the Secretary may, in

				the Secretary’s discretion, provide for coverage periods that include portions

				of a month in order to avoid lapses of coverage.

								(3)Limitation on

				paymentsNo payments may be

				made under this title with respect to the expenses of an individual enrolled

				under this title unless such expenses were incurred by such individual during a

				period which, with respect to the individual, is a coverage period under this

				section.

								(d)Expiration of

				eligibilityAn individual’s

				coverage period under this section shall continue until the individual’s

				enrollment has been terminated because the individual no longer meets the

				requirements of subsection (a) (whether because of age or change in immigration

				status).

							(e)Entitlement to

				MediKids benefits for enrolled individualsAn individual enrolled under this title is

				entitled to the benefits described in section 2202.

							(f)Low-Income

				information

								(1)Inquiry of

				incomeAt the time of

				enrollment of a child under this title, the Secretary shall make an inquiry as

				to whether the family income (as determined for purposes of section 1905(p)) of

				the family that includes the child is within any of the following income

				ranges:

									(A)Up to 150 percent

				of povertyThe income of the

				family does not exceed 150 percent of the poverty line for a family of the size

				involved.

									(B)Between 150 and

				200 percent of povertyThe

				income of the family exceeds 150 percent, but does not exceed 200 percent, of

				such poverty line.

									(C)Between 200 and

				300 percent of povertyThe

				income of the family exceeds 200 percent, but does not exceed 300 percent, of

				such poverty line.

									(2)CodingIf the family income is within a range

				described in paragraph (1), the Secretary shall encode in the identification

				card issued in connection with eligibility under this title a code indicating

				the range applicable to the family of the child involved.

								(3)Provider

				verification through electronic systemThe Secretary also shall provide for an

				electronic system through which providers may verify which income range

				described in paragraph (1), if any, is applicable to the family of the child

				involved.

								(g)ConstructionNothing in this title shall be construed as

				requiring (or preventing) an individual who is enrolled under this title from

				seeking medical assistance under a State medicaid plan under title XIX or child

				health assistance under a State child health plan under title XXI.

							2202.Benefits

							(a)Secretarial

				specification of benefit package

								(1)In

				generalThe Secretary shall

				specify the benefits to be made available under this title consistent with the

				provisions of this section and in a manner designed to meet the health needs of

				enrollees.

								(2)UpdatingThe Secretary shall update the

				specification of benefits over time to ensure the inclusion of age-appropriate

				benefits to reflect the enrollee population.

								(3)Annual

				updatingThe Secretary shall

				establish procedures for the annual review and updating of such benefits to

				account for changes in medical practice, new information from medical research,

				and other relevant developments in health science.

								(4)InputThe Secretary shall seek the input of the

				pediatric community in specifying and updating such benefits.

								(5)Limitation on

				updatingIn no case shall

				updating of benefits under this subsection result in a failure to provide

				benefits required under subsection (b).

								(b)Inclusion of

				certain benefits

								(1)Medicare core

				benefitsSuch benefits shall

				include (to the extent consistent with other provisions of this section) at

				least the same benefits (including coverage, access, availability, duration,

				and beneficiary rights) that are available under parts A and B of title

				XVIII.

								(2)All required

				Medicaid benefitsSuch

				benefits shall also include all items and services for which medical assistance

				is required to be provided under section 1902(a)(10)(A) to individuals

				described in such section, including early and periodic screening, diagnostic

				services, and treatment services.

								(3)Inclusion of

				prescription drugsSuch

				benefits also shall include (as specified by the Secretary) benefits for

				prescription drugs and biologicals which are not less than the benefits for

				such drugs and biologicals under the standard option for the service benefit

				plan described in section 8903(1) of title 5, United States Code, offered

				during 2005.

								(4)Cost-sharing

									(A)In

				generalSubject to

				subparagraph (B), such benefits also shall include the cost-sharing (in the

				form of deductibles, coinsurance, and copayments) which is substantially

				similar to such cost-sharing under the health benefits coverage in any of the

				four largest health benefits plans (determined by enrollment) offered under

				chapter 89 of title 5, United States Code, and including an out-of-pocket limit

				for catastrophic expenditures for covered benefits, except that no cost-sharing

				shall be imposed with respect to early and periodic screening and diagnostic

				services included under paragraph (2).

									(B)Reduced

				cost-sharing for low income childrenSuch benefits shall provide that—

										(i)there shall be no cost-sharing for children

				in families the income of which is within the range described in section

				2201(f)(1)(A);

										(ii)the cost-sharing otherwise applicable shall

				be reduced by 75 percent for children in families the income of which is within

				the range described in section 2201(f)(1)(B); or

										(iii)the cost-sharing otherwise applicable shall

				be reduced by 50 percent for children in families the income of which is within

				the range described in section 2201(f)(1)(C).

										(C)Catastrophic

				limit on cost-sharingFor a

				refundable credit for cost-sharing in the case of cost-sharing in excess of a

				percentage of the individual’s adjusted gross income, see section 36 of the

				Internal Revenue Code of 1986.

									(c)Payment

				scheduleThe Secretary, with

				the assistance of the Medicare Payment Advisory Commission, shall develop and

				implement a payment schedule for benefits covered under this title. To the

				extent feasible, such payment schedule shall be consistent with comparable

				payment schedules and reimbursement methodologies applied under parts A and B

				of title XVIII.

							(d)InputThe Secretary shall specify such benefits

				and payment schedules only after obtaining input from appropriate child health

				providers and experts.

							(e)Enrollment in

				health plansThe Secretary

				shall provide for the offering of benefits under this title through enrollment

				in a health benefit plan that meets the same (or similar) requirements as the

				requirements that apply to Medicare Advantage plans under part C of title XVIII

				(other than any such requirements that relate to part D of such title). In the

				case of individuals enrolled under this title in such a plan, the payment rate

				shall be based on payment rates provided for under section 1853(c) in effect

				before the date of the enactment of the Medicare Prescription Drug,

				Modernization, and Improvement Act of 2003 (Public Law 108–173), except that

				such payment rates shall be adjusted in an appropriate manner to reflect

				differences between the population served under this title and the population

				under title XVIII.

							2203.Premiums

							(a)Amount of

				monthly premiums

								(1)In

				generalThe Secretary shall,

				during September of each year (beginning with 2006), establish a monthly

				MediKids premium for the following year. Subject to paragraph (2), the monthly

				MediKids premium for a year is equal to 1/12 of the annual

				premium rate computed under subsection (b).

								(2)Elimination of

				monthly premium for demonstration of equivalent coverage (including coverage

				under low-income programs)The amount of the monthly premium imposed

				under this section for an individual for a month shall be zero in the case of

				an individual who demonstrates to the satisfaction of the Secretary that the

				individual has basic health insurance coverage for that month. For purposes of

				the previous sentence enrollment in a medicaid plan under title XIX, a State

				child health insurance plan under title XXI, or under the medicare program

				under title XVIII is deemed to constitute basic health insurance coverage

				described in such sentence.

								(b)Annual

				premium

								(1)National per

				capita averageThe Secretary

				shall estimate the average, annual per capita amount that would be payable

				under this title with respect to individuals residing in the United States who

				meet the requirement of section 2201(a)(1) as if all such individuals were

				eligible for (and enrolled) under this title during the entire year (and

				assuming that section 1862(b)(2)(A)(i) did not apply).

								(2)Annual

				premiumSubject to subsection

				(d), the annual premium under this subsection for months in a year is equal to

				25 percent of the average, annual per capita amount estimated under paragraph

				(1) for the year.

								(c)Payment of

				monthly premium

								(1)Period of

				paymentIn the case of an

				individual who participates in the program established by this title, subject

				to subsection (d), the monthly premium shall be payable for the period

				commencing with the first month of the individual’s coverage period and ending

				with the month in which the individual’s coverage under this title

				terminates.

								(2)Collection

				through tax returnFor

				provisions providing for the payment of monthly premiums under this subsection,

				see section 59B of the Internal Revenue Code of 1986.

								(3)Protections

				against fraud and abuseThe

				Secretary shall develop, in coordination with States and other health insurance

				issuers, administrative systems to ensure that claims which are submitted to

				more than one payor are coordinated and duplicate payments are not made.

								(d)Reduction in

				premium for certain low-Income familiesFor provisions reducing the premium under

				this section for certain low-income families, see section 59B(d) of the

				Internal Revenue Code of 1986.

							2204.MediKids Trust

				Fund

							(a)Establishment of

				Trust Fund

								(1)In

				generalThere is hereby

				created on the books of the Treasury of the United States a trust fund to be

				known as the MediKids Trust Fund (in this section referred to as

				the Trust Fund). The Trust Fund shall consist of such gifts and

				bequests as may be made as provided in section 201(i)(1) and such amounts as

				may be deposited in, or appropriated to, such fund as provided in this

				title.

								(2)PremiumsPremiums collected under section 59B of the

				Internal Revenue Code of 1986 shall be periodically transferred to the Trust

				Fund.

								(3)Transitional

				funding before receipt of premiumsIn order to provide for funds in the Trust

				Fund to cover expenditures from the fund in advance of receipt of premiums

				under section 2203, there are transferred to the Trust Fund from the general

				fund of the United States Treasury such amounts as may be necessary.

								(b)Incorporation of

				provisions

								(1)In

				generalSubject to paragraph

				(2), subsection (b) (other than the last sentence) and subsections (c) through

				(i) of section 1841 shall apply with respect to the Trust Fund and this title

				in the same manner as they apply with respect to the Federal Supplementary

				Medical Insurance Trust Fund and part B, respectively.

								(2)Miscellaneous

				referencesIn applying

				provisions of section 1841 under paragraph (1)—

									(A)any reference in such section to

				this part is construed to refer to title XXII;

									(B)any reference in section 1841(h) to section

				1840(d) and in section 1841(i) to sections 1840(b)(1) and 1842(g) are deemed

				references to comparable authority exercised under this title;

									(C)payments may be made under section 1841(g)

				to the Trust Funds under sections 1817 and 1841 as reimbursement to such funds

				for payments they made for benefits provided under this title; and

									(D)the Board of Trustees of the MediKids Trust

				Fund shall be the same as the Board of Trustees of the Federal Supplementary

				Medical Insurance Trust Fund.

									2205.Oversight and

				accountability

							(a)Periodic GAO

				reportsThe Comptroller

				General of the United States shall periodically submit to Congress reports on

				the operation of the program under this title, including on the financing of

				coverage provided under this title.

							(b)Periodic MedPAC

				reportsThe Medicare Payment

				Advisory Commission shall periodically report to Congress concerning the

				program under this title.

							2206.Inclusion of care

				coordination services

							(a)In

				general

								(1)Program

				authorityThe Secretary,

				beginning in 2007, may implement a care coordination services program in

				accordance with the provisions of this section under which, in appropriate

				circumstances, eligible individuals under section 2201 may elect to have health

				care services covered under this title managed and coordinated by a designated

				care coordinator.

								(2)Administration

				by contractThe Secretary may

				administer the program under this section through a contract with an

				appropriate program administrator.

								(3)CoverageCare coordination services furnished in

				accordance with this section shall be treated under this title as if they were

				included in the definition of medical and other health services under section

				1861(s) and benefits shall be available under this title with respect to such

				services without the application of any deductible or coinsurance.

								(b)Eligibility

				criteria; identification and notification of eligible individuals

								(1)Individual

				eligibility criteriaThe

				Secretary shall specify criteria to be used in making a determination as to

				whether an individual may appropriately be enrolled in the care coordination

				services program under this section, which shall include at least a finding by

				the Secretary that for cohorts of individuals with characteristics identified

				by the Secretary, professional management and coordination of care can

				reasonably be expected to improve processes or outcomes of health care and to

				reduce aggregate costs to the programs under this title.

								(2)Procedures to

				facilitate enrollmentThe

				Secretary shall develop and implement procedures designed to facilitate

				enrollment of eligible individuals in the program under this section.

								(c)Enrollment of

				individuals

								(1)Secretary’s

				determination of eligibilityThe Secretary shall determine the

				eligibility for services under this section of individuals who are enrolled in

				the program under this section and who make application for such services in

				such form and manner as the Secretary may prescribe.

								(2)Enrollment

				period

									(A)Effective date

				and durationEnrollment of an

				individual in the program under this section shall be effective as of the first

				day of the month following the month in which the Secretary approves the

				individual’s application under paragraph (1), shall remain in effect for one

				month (or such longer period as the Secretary may specify), and shall be

				automatically renewed for additional periods, unless terminated in accordance

				with such procedures as the Secretary shall establish by regulation. Such

				procedures shall permit an individual to disenroll for cause at any time and

				without cause at re-enrollment intervals.

									(B)Limitation on

				reenrollmentThe Secretary

				may establish limits on an individual’s eligibility to reenroll in the program

				under this section if the individual has disenrolled from the program more than

				once during a specified time period.

									(d)ProgramThe care coordination services program

				under this section shall include the following elements:

								(1)Basic care

				coordination services

									(A)In

				generalSubject to the

				cost-effectiveness criteria specified in subsection (b)(1), except as otherwise

				provided in this section, enrolled individuals shall receive services described

				in section 1905(t)(1) and may receive additional items and services as

				described in subparagraph (B).

									(B)Additional

				benefitsThe Secretary may

				specify additional benefits for which payment would not otherwise be made under

				this title that may be available to individuals enrolled in the program under

				this section (subject to an assessment by the care coordinator of an

				individual’s circumstance and need for such benefits) in order to encourage

				enrollment in, or to improve the effectiveness of, such program.

									(2)Care

				coordination requirementNotwithstanding any other provision of this

				title, the Secretary may provide that an individual enrolled in the program

				under this section may be entitled to payment under this title for any

				specified health care items or services only if the items or services have been

				furnished by the care coordinator, or coordinated through the care coordination

				services program. Under such provision, the Secretary shall prescribe

				exceptions for emergency medical services as described in section 1852(d)(3),

				and other exceptions determined by the Secretary for the delivery of timely and

				needed care.

								(e)Care

				coordinators

								(1)Conditions of

				participationIn order to be

				qualified to furnish care coordination services under this section, an

				individual or entity shall—

									(A)be a health care professional or entity

				(which may include physicians, physician group practices, or other health care

				professionals or entities the Secretary may find appropriate) meeting such

				conditions as the Secretary may specify;

									(B)have entered into a care coordination

				agreement; and

									(C)meet such criteria as the Secretary may

				establish (which may include experience in the provision of care coordination

				or primary care physician’s services).

									(2)Agreement term;

				payment

									(A)Duration and

				renewalA care coordination

				agreement under this subsection shall be for one year and may be renewed if the

				Secretary is satisfied that the care coordinator continues to meet the

				conditions of participation specified in paragraph (1).

									(B)Payment for

				servicesThe Secretary may

				negotiate or otherwise establish payment terms and rates for services described

				in subsection (d)(1).

									(C)LiabilityCare coordinators shall be subject to

				liability for actual health damages which may be suffered by recipients as a

				result of the care coordinator’s decisions, failure or delay in making

				decisions, or other actions as a care coordinator.

									(D)TermsIn addition to such other terms as the

				Secretary may require, an agreement under this section shall include the terms

				specified in subparagraphs (A) through (C) of section 1905(t)(3).

									2207.Administration and

				miscellaneous

							(a)In

				generalExcept as otherwise

				provided in this title—

								(1)the Secretary shall enter into appropriate

				contracts with providers of services, other health care providers, carriers,

				and fiscal intermediaries, taking into account the types of contracts used

				under title XVIII with respect to such entities, to administer the program

				under this title;

								(2)beneficiary protections for individuals

				enrolled under this title shall not be less than the beneficiary protections

				(including limits on balance billing) provided medicare beneficiaries under

				title XVIII;

								(3)benefits described in section 2202 that are

				payable under this title to such individuals shall be paid in a manner

				specified by the Secretary (taking into account, and based to the greatest

				extent practicable upon, the manner in which they are provided under title

				XVIII); and

								(4)provider participation agreements under

				title XVIII shall apply to enrollees and benefits under this title in the same

				manner as they apply to enrollees and benefits under title XVIII.

								(b)Coordination

				with Medicaid and SCHIPNotwithstanding any other provision of law,

				individuals entitled to benefits for items and services under this title who

				also qualify for benefits under title XIX or XXI or any other Federally funded

				health care program that provides basic health insurance coverage described in

				section 2203(a)(2) may continue to qualify and obtain benefits under such other

				title or program, and in such case such an individual shall elect

				either—

								(1)such other title or program to be primary

				payor to benefits under this title, in which case no benefits shall be payable

				under this title and the monthly premium under section 2203 shall be zero;

				or

								(2)benefits under this title shall be primary

				payor to benefits provided under such title or program, in which case the

				Secretary shall enter into agreements with States as may be appropriate to

				provide that, in the case of such individuals, the benefits under titles XIX

				and XXI or such other program (including reduction of cost-sharing) are

				provided on a wrap-around basis to the benefits under this

				title.

								.

			(b)Conforming

			 amendments to Social Security Act

			 provisions

				(1)Section 201(i)(1) of the

			 Social Security Act (42 U.S.C.

			 401(i)(1)) is amended by striking or the Federal Supplementary Medical

			 Insurance Trust Fund and inserting the Federal Supplementary

			 Medical Insurance Trust Fund, and the MediKids Trust Fund.

				(2)Section 201(g)(1)(A) of such Act (42 U.S.C.

			 401(g)(1)(A)) is amended by striking and the Federal Supplementary

			 Medical Insurance Trust Fund established by title XVIII and inserting

			 , the Federal Supplementary Medical Insurance Trust Fund, and the

			 MediKids Trust Fund established by title XVIII.

				(c)Maintenance of

			 Medicaid eligibility and benefits for children

				(1)In

			 generalIn order for a State

			 to continue to be eligible for payments under section 1903(a) of the

			 Social Security Act (42 U.S.C.

			 1396b(a))—

					(A)the State may not reduce standards of

			 eligibility, or benefits, provided under its State medicaid plan under title

			 XIX of the Social Security Act or

			 under its State child health plan under title XXI of such Act for individuals

			 under 23 years of age below such standards of eligibility, and benefits, in

			 effect on the date of the enactment of this Act; and

					(B)the State shall demonstrate to the

			 satisfaction of the Secretary of Health and Human Services that any savings in

			 State expenditures under title XIX or XXI of the Social Security Act that results from children

			 enrolling under title XXII of such Act shall be used in a manner that improves

			 services to beneficiaries under title XIX of such Act, such as through

			 expansion of eligibility, improved nurse and nurse aide staffing and improved

			 inspections of nursing facilities, and coverage of additional services.

					(2)MediKids as

			 primary payorIn applying

			 title XIX of the Social Security Act,

			 the MediKids program under title XXII of such Act shall be treated as a primary

			 payor in cases in which the election described in section 2207(b)(2) of such

			 Act, as added by subsection (a), has been made.

				(d)Expansion of

			 medpac membership to 19

				(1)In

			 generalSection 1805(c) of

			 the Social Security Act (42 U.S.C.

			 1395b–6(c)) is amended—

					(A)in paragraph (1), by striking

			 17 and inserting 19; and

					(B)in paragraph (2)(B), by inserting

			 experts in children’s health, after other health

			 professionals,.

					(2)Initial terms of

			 additional members

					(A)In

			 generalFor purposes of

			 staggering the initial terms of members of the Medicare Payment Advisory

			 Commission under section 1805(c)(3) of the Social

			 Security Act (42 U.S.C. 1395b–6(c)(3)), the initial terms of the 2

			 additional members of the Commission provided for by the amendment under

			 subsection (a)(1) are as follows:

						(i)One member shall be appointed for 1

			 year.

						(ii)One member shall be appointed for 2

			 years.

						(B)Commencement of

			 termsSuch terms shall begin

			 on January 1, 2006.

					(3)DutiesSection 1805(b)(1)(A) of such Act (42

			 U.S.C. 1395b–6(b)(1)(A)) is amended by inserting before the semicolon at the

			 end the following: and payment policies under title XXII.

				3.MediKids

			 premium

			(a)General

			 ruleSubchapter A of chapter

			 1 of the Internal Revenue Code of 1986 (relating to determination of tax

			 liability) is amended by adding at the end the following new part:

					VIIIMediKids

				premium

							Sec. 59B. MediKids

				  premium.

						59B.MediKids

				premium

							(a)Imposition of

				taxIn the case of a taxpayer

				to whom this section applies, there is hereby imposed (in addition to any other

				tax imposed by this subtitle) a MediKids premium for the taxable year.

							(b)Individuals

				Subject to premium

								(1)In

				generalThis section shall

				apply to a taxpayer if a MediKid is a dependent of the taxpayer for the taxable

				year.

								(2)MediKidFor purposes of this section, the term

				MediKid means any individual enrolled in the MediKids program

				under title XXII of the Social Security Act.

								(c)Amount of

				premiumFor purposes of this

				section, the MediKids premium for a taxable year is the sum of the monthly

				premiums (for months in the taxable year) determined under section 2203 of the

				Social Security Act with respect to

				each MediKid who is a dependent of the taxpayer for the taxable year.

							(d)Exceptions based

				on adjusted gross income

								(1)Exemption for

				very low-income taxpayers

									(A)In

				generalNo premium shall be

				imposed by this section on any taxpayer having an adjusted gross income not in

				excess of the exemption amount.

									(B)Exemption

				amountFor purposes of this

				paragraph, the exemption amount is—

										(i)$19,245 in the case of a taxpayer having 1

				MediKid,

										(ii)$24,135 in the case of a taxpayer having 2

				MediKids,

										(iii)$29,025 in the case of a taxpayer having 3

				MediKids, and

										(iv)$33,915 in the case of a taxpayer having 4

				or more MediKids.

										(C)Phaseout of

				exemptionIn the case of a

				taxpayer having an adjusted gross income which exceeds the exemption amount but

				does not exceed twice the exemption amount, the premium shall be the amount

				which bears the same ratio to the premium which would (but for this

				subparagraph) apply to the taxpayer as such excess bears to the exemption

				amount.

									(D)Inflation

				adjustment of exemption amountsIn the case of any taxable year beginning

				in a calendar year after 2005, each dollar amount contained in subparagraph (C)

				shall be increased by an amount equal to the product of—

										(i)such dollar amount, and

										(ii)the cost-of-living adjustment determined

				under section 1(f)(3) for the calendar year in which the taxable year begins,

				determined by substituting calendar year 2004 for

				calendar year 1992 in subparagraph (B) thereof.

										If any increase determined under

				the preceding sentence is not a multiple of $50, such increase shall be rounded

				to the nearest multiple of $50.(2)Premium limited

				to 5 percent of adjusted gross incomeIn no event shall any taxpayer be required

				to pay a premium under this section in excess of an amount equal to 5 percent

				of the taxpayer’s adjusted gross income.

								(e)Coordination with

				other provisions

								(1)Not treated as

				medical expenseFor purposes

				of this chapter, any premium paid under this section shall not be treated as

				expense for medical care.

								(2)Not treated as

				tax for certain purposesThe

				premium paid under this section shall not be treated as a tax imposed by this

				chapter for purposes of determining—

									(A)the amount of any credit allowable under

				this chapter, or

									(B)the amount of the minimum tax imposed by

				section 55.

									(3)Treatment under

				subtitle fFor purposes of

				subtitle F, the premium paid under this section shall be treated as if it were

				a tax imposed by section

				1.

								.

			(b)Technical

			 amendments

				(1)Subsection (a) of section 6012 of such Code

			 is amended by inserting after paragraph (9) the following new paragraph:

						(10)Every individual liable for a premium under

				section

				59B.

						.

				(2)The table of parts for subchapter A of

			 chapter 1 of such Code is amended by adding at the end the following new

			 item:

							Part VIII. MediKids

				premium

						.

				(c)Effective

			 dateThe amendments made by

			 this section shall apply to months beginning after December 2006, in taxable

			 years ending after such date.

			4.Refundable credit for

			 certain cost-sharing expenses under MediKids program

			(a)In

			 generalSubpart C of part IV

			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to

			 refundable credits) is amended by redesignating section 36 as section 37 and by

			 inserting after section 35 the following new section:

					36.Catastrophic limit on

				cost-sharing expenses under MediKids program

						(a)In

				generalIn the case of a

				taxpayer who has a MediKid (as defined in section 59B) at any time during the

				taxable year, there shall be allowed as a credit against the tax imposed by

				this subtitle an amount equal to the excess of—

							(1)the amount paid by the taxpayer during the

				taxable year as cost-sharing under section 2202(b)(4) of the

				Social Security Act, over

							(2)5 percent of the taxpayer’s adjusted gross

				income for the taxable

				year.

							.

			(b)Coordination

			 with other provisionsThe

			 excess described in subsection (a) shall not be taken into account in computing

			 the amount allowable to the taxpayer as a deduction under section 162(l) or

			 213(a).

			(c)Technical

			 amendments

				(1)The table of sections for subpart C of part

			 IV of subchapter A of chapter 1 of such Code is amended by redesignating the

			 item relating to section 36 as an item relating to section 37 and by inserting

			 before such item the following new item:

							Sec. 36. Catastrophic limit on cost-sharing expenses under

				MediKids

				program.

						.

				(2)Paragraph (2) of section 1324(b) of title

			 31, United States Code, is amended by inserting or 36 after

			 section 35.

				(d)Effective

			 dateThe amendments made by

			 this section shall apply to taxable years beginning after December 31,

			 2006.

			5.Report on long-term

			 revenuesWithin one year after

			 the date of the enactment of this Act, the Secretary of the Treasury shall

			 propose a gradual schedule of progressive tax changes to fund the program under

			 title XXII of the Social Security Act,

			 as the number of enrollees grows in the out-years.


114 HR 4300 IH: Arm All Pilots Act of 2015
U.S. House of Representatives
2015-12-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4300
		IN THE HOUSE OF REPRESENTATIVES

			December 18, 2015
			Mr. Brat (for himself, Mr. Burgess, Mr. Young of Alaska, Mr. McClintock, Mr. Massie, Mr. Brooks of Alabama, Mr. Rohrabacher, Mr. Bridenstine, Mr. Meadows, Mrs. Lummis, Mr. Gosar, and Mr. Jones) introduced the following bill; which was referred to the Committee on Homeland Security

		A BILL
		To improve the Federal flight deck officers program, and for other purposes.

 1.Short titleThis Act may be cited as the Arm All Pilots Act of 2015. 2.Facilitation of and limitations on training of Federal flight deck officers (a)Improved access to training facilitiesSection 44921(c)(2)(C)(ii) of title 49, United States Code, is amended—
 (1)by striking The training of and inserting the following:  (I)In generalThe training of; and
 (2)by adding at the end the following:  (II)Access to training facilitiesNot later than 180 days after the date of the enactment of the Arm All Pilots Act of 2015, the Secretary shall—
 (aa)designate 5 additional firearms training facilities located in various regions of the United States for Federal flight deck officers relative to the number of such facilities available on the day before such date of enactment;
 (bb)designate firearms training facilities approved before such date of enactment for recurrent training of Federal flight deck officers as facilities approved for initial training and certification of pilots seeking to be deputized as Federal flight deck officers; and
 (cc)designate additional firearms training facilities for recurrent training of Federal flight deck officers relative to the number of such facilities available on the day before such date of enactment..
 (b)Firearms requalification for Federal flight deck officersSection 44921(c)(2)(C)(iii) of such title is amended— (1)by striking The Under Secretary shall and inserting the following:

 (I)In generalThe Secretary shall;  (2)in subclause (I), as designated by paragraph (1), by striking the Under Secretary and inserting the Secretary, but not more frequently than once every 6 months,; and
 (3)by adding at the end the following:  (II)Use of facilities for requalificationThe Secretary shall allow a Federal flight deck officer to requalify to carry a firearm under the program through training at a private or government-owned gun range certified to provide firearm requalification training.
 (III)Self-reportingThe Secretary shall determine that a Federal flight deck officer has met the requirements to requalify to carry a firearm under the program if—
 (aa)the officer reports to the Secretary that the officer has participated in a sufficient number of hours of training to requalify to carry a firearm under the program; and
 (bb)the administrator of the facility at which the officer conducted the requalification training verifies that the officer participated in that number of hours of training..
 (c)Limitations on trainingSection 44921(c)(2) of such title is amended by adding at the end the following:  (D)Limitations on training (i)Initial trainingThe Secretary may require—
 (I)initial training of not more than 5 days for a pilot to be deputized as a Federal flight deck officer;
 (II)the pilot to be physically present at the training facility for not more than 2 days of such training; and
 (III)not more than 3 days of such training to be in the form of certified online training administered by the Department of Homeland Security.
 (ii)Recurrent trainingThe Secretary may require— (I)recurrent training of not more than 2 days, not more frequently than once every 5 years, for a pilot to maintain deputization as a Federal flight deck officer;
 (II)the pilot to be physically present at the training facility for a full-day training session for not more than one day of such training; and
 (III)not more than one day of such training to be in the form of certified online training administered by the Department of Homeland Security..
 (d)Other measures To facilitate trainingSection 44921(e) of such title is amended— (1)by striking Pilots participating and inserting the following:

 (1)In generalPilots participating; and (2)by adding at the end the following:

						(2)Facilitation of training
 (A)Time off for trainingAn air carrier shall permit a Federal flight deck officer or a pilot seeking to be deputized as a Federal flight deck officer to take a reasonable amount of leave from work to participate in initial and recurrent training for the program. An air carrier shall not be obligated to provide such an officer or pilot compensation for such leave.
 (B)Practice ammunitionAt the request of a Federal flight deck officer, the Secretary shall provide to the officer sufficient practice ammunition to conduct at least one practice course every month..
				3.Carriage of firearms by Federal flight deck officers
 (a)General authoritySection 44921(f) of title 49, United States Code, is amended— (1)by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and
 (2)by striking paragraph (1) and inserting the following:  (1)In generalThe Secretary shall authorize a Federal flight deck officer to carry a firearm while engaged in providing air transportation or intrastate air transportation. The authority provided to a Federal flight deck officer under this paragraph includes the authority to carry a firearm—
 (A)on the officer’s body, loaded, and holstered; (B)when traveling to a flight duty assignment, throughout the duty assignment, and when traveling from a flight duty assignment to the officer’s home or place where the officer is residing when traveling; and
 (C)in the passenger cabin and while traveling in a cockpit jump seat. (2)Concealed carryA Federal flight deck officer shall make reasonable efforts to keep the officer's firearm concealed when in public.
 (3)Purchase of firearm by officerNotwithstanding subsection (c)(1), a Federal flight deck officer may purchase a firearm and carry that firearm aboard an aircraft of which the officer is the pilot in accordance with this section if the firearm is of a type that may be used under the program..
 (b)Carriage of firearms on international flightsParagraph (5) of section 44921(f) of such title, as redesignated by subsection (a)(1), is amended to read as follows:

					(5)Carrying firearms outside United States
 (A)In generalIn consultation with the Secretary of State, the Secretary— (i)may take such action as may be necessary to ensure that a Federal flight deck officer may carry a firearm in a foreign country whenever necessary to participate in the program; and
 (ii)shall take such actions as are within the authority of the Secretary to ensure that a Federal flight deck officer may carry a firearm while engaged in providing foreign air transportation.
 (B)Consistency with Federal air marshal programThe Secretary shall work to make policies relating to the carriage of firearms on flights in foreign air transportation by Federal flight deck officers consistent with the policies of the Federal air marshal program for carrying firearms on such flights..
			(c)Carriage of firearm in passenger cabin
 (1)Rule of constructionSection 44921 of title 49, United States Code, is amended by adding at the end the following:  (l)Rule of constructionNothing in this section shall be construed to require a Federal flight deck officer to place a firearm in a locked container, or in any other manner render the firearm unavailable, when the cockpit door is opened..
 (2)Conforming repealSection 44921(b)(3) of title 49, United States Code, is amended— (A)by striking subparagraph (G); and
 (B)by redesignating subparagraphs (H) through (N) as subparagraphs (G) through (M), respectively. (d)RegulationsNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall—
 (1)prescribe regulations on the proper storage of firearms when a Federal flight deck officer is at home or where the officer is residing when traveling; and
 (2)revise the procedural requirements established under section 44921(b)(1) of title 49, United States Code, to implement the amendments made by subsection (c).
 4.Physical standards for Federal flight deck officersSection 44921(d)(2) of title 49, United States Code, is amended— (1)by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right;
 (2)by striking A pilot is and inserting the following:  (A)In generalA pilot is; and
 (3)by adding at the end the following:  (B)Consistency with requirements for certain medical certificatesIn establishing standards under subparagraph (A)(ii), the Secretary may not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent than the requirements of the Federal Aviation Administration for the issuance of a first- or second-class airman medical certificate under part 67 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling)..
 5.Transfer of Federal flight deck officers from inactive to active statusSection 44921(d) of such title is amended by adding at the end the following:  (5)Transfer from inactive to active statusA pilot deputized as a Federal flight deck officer who moves to inactive status may return to active status after completing one program of recurrent training described in subsection (c)..
 6.Facilitation of security screening of Federal flight deck officersSection 44921 of title 49, United States Code, as amended by section 3(c)(1), is further amended by adding at the end the following:

				(m)Facilitation of security screening of Federal flight deck officers
 (1)Eligibility for expedited screeningThe Secretary shall allow a Federal flight deck officer to be screened through the crew member identity verification program of the Transportation Security Administration (commonly known as the Known Crew Member program) when entering the sterile area of an airport.
 (2)Prohibition on paperworkThe Secretary may not require a Federal flight deck officer to fill out any forms or paperwork when entering the sterile area of an airport.
 (3)Sterile area definedIn this subsection, the term sterile area has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling)..
 7.Technical correctionsSection 44921 of title 49, United States Code, as amended by this Act, is further amended— (1)in subsection (a), by striking Under Secretary of Transportation for Security and inserting Secretary of Homeland Security;
 (2)in subsection (d)(4), by striking may, and inserting may; (3)in subsection (i)(2), by striking the Under Secretary may and inserting may;
 (4)in subsection (k)— (A)by striking paragraphs (2) and (3); and
 (B)by striking Applicability and all that follows through This section and inserting Applicability.—This section; (5)by adding at the end the following:

 (n)DefinitionsIn this section: (1)PilotThe term pilot means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member.
 (2)All-cargo air transportationThe term air transportation includes all-cargo air transportation.; and (6)by striking Under Secretary each place it appears and inserting Secretary.
			8.Refunds of certain security service fees for air carriers with Federal flight deck officers on all
 flightsSection 44940 of title 49, United States Code, is amended by adding at the end the following:  (j)Refund of fees for air carriers with Federal flight deck officers on all flightsFrom fees received in a fiscal year under subsection (a)(1), each air carrier that certifies to the Secretary of Homeland Security that all flights operated by the air carrier have on board a pilot deputized as a Federal flight deck officer under section 44921 shall receive an amount equal to 10 percent of the fees collected under subsection (a)(1) from passengers on flights operated by that air carrier in that fiscal year..
 9.Treatment of information about Federal flight deck officers as sensitive security informationNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall revise section 15.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals.
 10.RegulationsNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe such regulations as may be necessary to carry out this Act and the amendments made by this Act.


110 HR 4470 IH: To suspend temporarily the duty on certain acrylic synthetic staple fiber.
U.S. House of Representatives
2007-12-12
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.

I
110th CONGRESS 1st Session
H. R. 4470
IN THE HOUSE OF REPRESENTATIVES

December 12, 2007
Mr. Bishop of Georgia (for himself, Mr. Kingston, and Mr. Shuler) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain acrylic synthetic staple fiber.

1.Certain acrylic synthetic staple fiber
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.01.00Acrylic fiber tow (polyacrylonitrile tow) containing by weight a minimum of 92 percent polyacrylonitrile, not more than .01 percent zinc and from 2 to 8 percent water, imported in the form of 1 bundle of crimped product, containing 214,000 filaments (plus or minus 10 percent) and with an average filament decitex of 4.0 to 5.6 decitex (plus or minus 10 percent), and length greater than 2 meters (provided for in subheading 5501.30.00)FreeNo changeNo changeOn or before 12/31/2011    .
(b)Effective dateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1223
		In the House of Representatives, U.
		  S.,

			March 25, 2010

		RESOLUTION
		Electing a Minority member to a standing
		  committee.

		That the following named Member be,
			 and is hereby, elected to the following standing committee of the House of
			 Representatives:
			 Committee on Energy and Commerce:
			 Mr. Latta.

			Lorraine C. Miller,
			Clerk.


116 S4424 IS: Holding Rioters Accountable Act of 2020
U.S. Senate
2020-08-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4424IN THE SENATE OF THE UNITED STATESAugust 4, 2020Mrs. Loeffler (for herself and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo withhold a percentage of Federal funding from State and local prosecutors who fail to faithfully prosecute crimes related to protests and riots.1.Short titleThis Act may be cited as the Holding Rioters Accountable Act of 2020.2.Findings and purpose(a)FindingsCongress finds the following:(1)Opportunistic rioters and violent extremists are destroying public and private property with impunity.(2)Local and Federal law enforcement officers are on the front lines every night attempting to prevent the mass destruction of property.(3)Law enforcement officers are doing their jobs by arresting those who are found to be committing the violence and destruction.(4)In certain jurisdictions, however, local and State prosecutors are turning a blind eye to the destruction and violence.(5)These actions do a disservice to the law enforcement officers faithfully carrying out their responsibility to uphold the rule of law.(6)The Office of Justice Programs of the Department of Justice provided approximately $5,000,000,000 in grants and funding to State and local governments in fiscal year 2020.(7)District attorney and State attorney general offices that have abused the use of prosecutorial discretion and fail to protect private and public property or fail to confront and address violent riots and looting should not receive Federal support.(b)PurposeThe purpose of this Act is to provide authority for the Attorney General to withhold Federal grant amounts and other funding provided to State and local prosecutors, district attorneys, and State attorney general offices if such prosecutors or offices fail to faithfully uphold the rule of law by failing to properly prosecute criminal acts committed during riots and protests.3.Withholding of percentage of department of justice grants and other funding sources from state and local prosecutors, district attorneys, and state attorneys general(a)In generalThe Attorney General may withhold not more than 10 percent of all amounts that would otherwise be awarded or made available under part JJ of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671 et seq.) or a COVID–19 related emergency funding program to a State prosecutor's office, a district attorney's office, or a State attorney general's office in a fiscal year by the Department of Justice if the Attorney General determines, in accordance with subsection (b), that the office has abused the use of prosecutorial discretion by failing to prosecute crimes stemming from riots or other violent or destructive protest activities.(b)Standard for determination(1)In generalA State prosecutor's office, a district attorney's office, or a State attorney general's office shall be determined to have abused the prosecutorial discretion of the office under subsection (a) if the office refuses, as a general policy rather than on a case-by-case determination, to seek prosecution for crimes committed by individuals engaged in or connected to rioting, looting, or other violent or destructive activities, unless such policy is in accordance with an order issued by a court of law. (2)LimitationA State prosecutor's office, a district attorney's office, or a State attorney general's office shall not be determined to have abused the prosecutorial discretion of the office under subsection (a) if the Attorney General determines that such exercise of prosecutorial discretion is properly made based on the strength of evidence, individual facts in the case, cooperation of the defendant, or other appropriate prosecutorial decision making factors. (3)RequirementThe Attorney General shall establish criteria for determining whether a State prosecutor's office, a district attorney's office, or a State attorney general's office has abused the prosecutorial discretion of the office under subsection (a).(c)Review of relevant informationIn making a determination under subsection (a), the Attorney General shall—(1)review any arrest statistics, information, or documents, provided by a law enforcement agency that conducted authorized operations connected to a riot or other violent or destructive protest activity;(2)review any prosecution statistics, information, or documents, provided by the office being reviewed relating to indictment, dismissal, or conviction of individuals charged with any crime connected to a riot or other violent or destructive protest activity; and(3)review any statements, orders, or other information made by an executive political leader with responsibility for appointing or otherwise overseeing the operations and activities of the office being reviewed.(d)Restricted use of fundsIn the case of a State that the Attorney General determines is a State described in subsection (a) because a local district attorney or prosecutor has abused prosecutorial discretion by failing to prosecute crimes stemming from riots or other violent or destructive protest activities, the State may not—(1) make the amounts made available under a program described in subsection (a) available for use by the local government; and(2)to the maximum extent practicable, expend the amounts made available under a program described in subsection (a) in any community or location subject to the jurisdiction of the local government.


113 HR 4054 IH: Promoting National Service and Reducing Unemployment Act
U.S. House of Representatives
2014-02-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS
2d Session
H. R. 4054
IN THE HOUSE OF REPRESENTATIVES

February 11, 2014
Ms. Norton (for herself, Mr. Farr, Mr. Conyers, and Mr. Cartwright) introduced the following bill; which was referred to the Committee on Appropriations

A BILL
To make supplemental appropriations to provide additional funds to Americorps for the fiscal year ending September 30, 2014.

1.Short titleThis Act may be cited as the Promoting National Service and Reducing Unemployment Act.
2.Statement of AppropriationsThe following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014.Corporation for National and Community ServiceOperating ExpensesFor an additional amount for the Corporation for National and Community Service to carry out the National and Community Service Act of 1990, and notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), 501(a)(4)(E), and 501(a)(5)(F) of such Act, $7,892,775,570: Provided, That of such amount up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle: Provided further, That $1,878,275,570, to remain available until expended, shall be paid to the National Service Trust for expenses authorized under subtitle D of title I of such Act: Provided further, That in addition to the amounts provided in the previous proviso, the Corporation may transfer funds from the amounts allocated to grants under subtitle C of title I of such Act, upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Congress: Provided further, That $9,800,000 shall be available for expenses to carry out sections 112(e), 179A, and 198O and subtitle J of title I of such Act, notwithstanding section 501(a)(6) of such Act: Provided further, That $15,000,000 shall be available for grants to public or private nonprofit institutions to increase the participation of individuals with disabilities in national service and for demonstration activities in furtherance of this purpose, notwithstanding section 129(k)(1) of such Act: Provided further, That $8,000,000 shall be available to provide assistance to State Service Commissions, under section 126(a) of such Act and notwithstanding section 501(a)(5)(B) of such Act.Salaries and ExpensesFor an additional amount for necessary expenses of administration as provided under section 501(a)(5) of the National and Community Service Act of 1990 including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants authorized under section 3109 of title 5, United States Code, $37,500,000.Office of Inspector GeneralFor an additional amount for necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $8,000,000.
3.RequirementThe funds appropriated in this section shall be used by the Corporation toward the goal of increasing the number of national service positions approved under subtitle C of title I of the 1990 Act to 500,000. In carrying out this section, the Corporation shall give preference to national service programs which propose to use full-time national service positions.