113 HR 5846 IH: Frank R. Wolf International Religious Freedom Act of 2014
U.S. House of Representatives
2014-12-10
text/xml
EN
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		I
		113th CONGRESS
		2d Session
		H. R. 5846
		IN THE HOUSE OF REPRESENTATIVES

			December 10, 2014
			Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend the International Religious Freedom Act of 1998 to improve the ability of the United
			 States to protect religious freedom globally through enhanced diplomacy,
			 training, counterterrorism, and foreign assistance efforts, and through
			 stronger and more timely and flexible political responses to religious
			 freedom violations worldwide, and for other purposes.

		1.Short TitleThis Act may be cited as the Frank R. Wolf International Religious Freedom Act of 2014.
		2.Findings; policySection 2 of the International Religious Freedom Act of 1998 (22 U.S.C. 6401) is amended—
			(1)in subsection (a)—
				(A)in paragraph (4), in the fourth sentence, by inserting prohibitions on ritual animal slaughter, male infant circumcision, censorship of religious content,
			 or worship on the Internet, after confiscations of property,;
				(B)in paragraph (5), by amending the second sentence to read as follows: In many countries, religious believers are forced to meet secretly, and religious leaders and
			 believers are targeted by national security forces, violent nonstate
			 actors, and hostile mobs.;
				(C)by redesignating paragraph (7) as paragraph (9); and
				(D)by inserting after paragraph (6) the following new paragraphs:

						(7)There is growing evidence that demonstrates a connection between the absence of religious freedom
			 and increased levels of persecution of religious minorities, religiously
			 motivated conflict, violent extremism, and terrorism, including the kind
			 of terrorism that has reached the United States.
						(8)It is increasingly clear that understanding religion and the political and security implications of
			 religious motivation and conviction is critical to the success of United
			 States diplomacy and foreign policy initiatives as there are studies that
			 show—
							(A)75 percent of the world’s population lives in countries where the right to the freedom of religion
			 and belief is severely restricted, either by the government or violent
			 nonstate actors; and
							(B)84 percent of the world’s population identifies strongly with a specific religious group.; and
				(2)in subsection (b), by adding at the end the following new paragraph:

					(6)Because the promotion of international religious freedom is a foreign policy strategy that protects
			 other, related human rights, advances democracy abroad, and is linked
			 directly to United States interests in stability, security, and
			 development globally, the promotion of international religious freedom
			 requires new and evolving policies, religion engagement strategies, and
			 diplomatic responses that are drawn from the expertise of the national
			 security agencies, the diplomatic services, Congress, and other
			 governmental agencies and nongovernmental organizations, and are
			 coordinated across and carried out by the entire range of Federal agencies
			 that are engaged with or conduct negotiations or United States Government
			 funded programs with governments or violent nonstate actors that engage in
			 or tolerate violations of religious freedom..
			3.DefinitionsSection 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402) is amended—
			(1)by amending paragraph (12) to read as follows:

					(12)Senior DirectorThe term Senior Director means the Senior Director for Global Religion Engagement and International Religious Freedom
			 Promotion described in section 101 of the National Security Act of 1947.; and
			(2)by adding at the end, the following new paragraphs:

					(14)Special Watch ListThe term Special Watch List means the Special Watch List described in section 102(b)(1)(F)(iii).
					(15)Violent nonstate actorThe term violent nonstate actor means a nonsovereign entity or group that exercises significant political power or influence at a
			 national or international level and which, through violence or the threat
			 of violence, destabilizes existing government structures or gains defacto
			 or actual control over large territories within existing countries and
			 which engages in or tolerates violations of religious freedom.
					(16)Institution of Higher EducationThe term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
			 1001).
			4.Office on International Religious Freedom; Ambassador at Large for International Religious FreedomSection 101 of the International Religious Freedom Act of 1998 (22 U.S.C. 6411) is amended—
			(1)in subsection (a), by adding at the end the following new sentence: The Office shall be located in the Office of the Secretary of State.;
			(2)in subsection (b), by adding at the end the before the period the following: , and shall report directly to the Secretary of State.;
			(3)in subsection (c)—
				(A)in paragraph (1)—
					(i)by striking responsibility and inserting responsibilities;
					(ii)by striking shall be to advance and inserting the following:
						shall be to—(A)advance;
					(iii)in subparagraph (A), as so added, by striking the period at the end and inserting ; and; and
					(iv)by adding at the end the following new subparagraph:

							(B)integrate United States international religious freedom policies and religious engagement
			 strategies into democracy, civil society, conflict prevention and
			 mitigation, and development efforts funded by the United States and into
			 the counterterrorism policies of Federal agencies, including the
			 Department of Defense, the Department of Homeland Security, the Department
			 of State, and the Department of the Treasury.;
					(B)in paragraph (2), by striking a principal adviser and inserting the principal adviser;
				(C)in paragraph (3)—
					(i)in subparagraph (A), by striking and at the end;
					(ii)in subparagraph (B), by striking the period at the end and inserting ; and; and
					(iii)by adding at the end the following new subparagraph:

							(C)contacts with nongovernmental organizations that have an impact on the state of religious freedom
			 in their respective societies or regions, or internationally.;
					(D)by redesignating paragraph (4) as paragraph (5); and
				(E)by inserting after paragraph (3) the following new paragraph:

						(4)Coordination responsibilitiesIn order to promote religious freedom as an interest of United States foreign policy, the
			 Ambassador at Large shall seek to coordinate religious freedom policies
			 and religious engagement strategies across all programs, projects, and
			 activities of the United States, including the programs, projects, and
			 activities of the Department of Defense, the Department of Homeland
			 Security, the Department of State, the Department of the Treasury, and the
			 United States Agency for International Development.; and
				(4)in subsection (d), by striking staff for the Office and all that follows through the period at the end and inserting individuals to fill at least 15 full-time equivalent staff positions, under the direct supervision
			 of the Ambassador at Large, including a senior advisor, for the Office,
			 for the conduct of investigations by the Office, and for necessary travel
			 to carry out the provisions of this section. The Secretary of State shall
			 also provide to the Ambassador at Large representation funds equal to the
			 amount of representation funds provided to other Ambassadors at Large in
			 the Department of State..
			5.Annual Report on International Religious FreedomParagraph (1) of section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C.
			 6412(b)) is amended—
			(1)in subparagraph (A)—
				(A)in clause (iii), by striking and at the end;
				(B)in clause (iv), by striking the period at the end and inserting ; and; and
				(C)by adding at the end the following new clause:

						(v)any action taken by a government or other entity to censor religious content, communications, or
			 worship activities online, including descriptions of the targeted
			 religious group, the content, communication, or activities censored, the
			 means used, and government or other entity engaged in such online
			 censorship activities.;
				(2)in subparagraph (B), in the matter preceding clause (i)—
				(A)by inserting persecution of lawyers, politicians, or other human rights advocates seeking to defend targeted
			 religious groups or highlight religious freedom violations, prohibitions
			 on ritual animal slaughter or male infant circumcision, after entire religions,; and
				(B)by inserting policies that ban or restrict the public manifestation of religious belief and the peaceful
			 involvement of religious groups or their members in the political life of
			 each such foreign country, after such groups,;
				(3)in subparagraph (C)—
				(A)by striking A description and inserting A comprehensive description;
				(B)by striking policies in support and inserting religious engagement policies in support; and
				(C)by adding at the end before the period the following: , and a unique, comprehensive, and country-specific analysis of the impact of actions by the United
			 States on the status of religious freedom in each such country.; and
				(4)in subparagraph (F), by adding at the end the following new clause:

					(iii)Special Watch ListA list, to be known as the Special Watch List, which shall identify any country or violent nonstate actor that has engaged in or tolerated
			 systematic, egregious, or ongoing violations of religious freedom during
			 the previous reporting year but which the Secretary determines does not
			 meet, at the time of the publication of the Annual Report, the criteria
			 for designation as a country of particular concern for religious freedom
			 under section 402(b)(1)..
			6.Training for Foreign Service officers; Report
			(a)Amendment to Foreign Service Act of 1980Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended—
				(1)by redesignating subsections (b) and (c) as subsections (d) and (e), respectively;
				(2)in subsection (d), as redesignated, by striking The Secretary of State and inserting Refugees.—The Secretary of State;
				(3)in subsection (e), as redesignated, by striking The Secretary of State and inserting Child Soldiers.—The Secretary of State;
				(4)by striking subsection (a) and inserting the following:

						(a)Development of CurriculumThe Secretary of State, with the assistance of other relevant officials, including the Ambassador
			 at Large for International Religious Freedom appointed under section
			 101(b) of the International Religious Freedom Act of 1998, the Director of
			 the George P. Shultz National Foreign Affairs Training Center, and other
			 Federal officials as appropriate, and in consultation with the United
			 States Commission on International Religious Freedom established in
			 section 201(a) of the International Religious Freedom Act of 1998, shall
			 develop a curriculum for training United States Foreign Service officers
			 in the meaning and strategic value of religious freedom, how violations of
			 religious freedom harm fundamental United States interests, how the
			 advancement of religious freedom can advance such interests, how United
			 States international religious freedom policy should be carried out in
			 practice by United states diplomats and other Foreign Service officers,
			 and the relevance and relationship of religious freedom to United States
			 defense, diplomacy, development, and public affairs efforts.
						(b)Training ProgramNot later than the date that is one year after the date of the enactment of the Frank R. Wolf International Religious Freedom Act of 2014, the Director of the George P. Shultz National Foreign Affairs Training Center shall begin
			 mandatory training on religious freedom for all Foreign Service officers,
			 including all entry level officers and all outgoing deputy chiefs of
			 mission and ambassadors. Such training shall, at minimum, be a separate,
			 independent, and required segment of each of the following:
							(1)The A–100 course attended by all Foreign Service officers.
							(2)The courses required of every Foreign Service officer prior to a posting outside the United States,
			 with segments tailored to the particular religious demography, religious
			 freedom conditions, and United States strategies for advancing religious
			 freedom, in each receiving country.
							(3)The courses required of all outgoing deputy chiefs of mission and ambassadors.
							(c)Information SharingThe curriculum and training materials developed pursuant to subsections (a) and (b) shall be shared
			 with the United States Armed Forces and intelligence community to provide
			 training and particularized instruction on United States religious freedom
			 policies, religious traditions, and religious and cultural issues for the
			 countries the Armed Forces and intelligence community are responsible..
				(b)ReportNot later than 180 days after the date of the enactment of this Act, the Secretary of State, with
			 the assistance of the Ambassador at Large for International Religious
			 Freedom, and the Director of the George P. Shultz National Foreign Affairs
			 Training Center, shall submit to the Committee on Foreign Affairs of the
			 House of Representatives and the Committee on Foreign Relations of the
			 Senate a report containing a comprehensive plan for undertaking training
			 for Foreign Service officers as required under section 708 of the Foreign
			 Services Act of 1980, as amended by subsection (a) of this section.
			7.Prisoner lists and issue briefs on religious freedom concernsSection 108 of the International Religious Freedom Act of 1998 (22 U.S.C. 6417) is amended—
			(1)in subsection (a)—
				(A)in the heading, by striking Sense of the Congress and inserting Increased Diplomatic Advocacy; and
				(B)by striking it is the sense of the Congress that officials of the executive branch of Government should promote and inserting appropriate officials of the executive branch, including the Secretary of State, the Ambassador at
			 Large for Religious Freedom, and State Department officials from regional
			 bureaus, shall promote;
				(2)in subsection (c), by striking , as appropriate, provide and insert make available; and
			(3)by adding at the end the following new subsection:

					(d)Victims List Maintained by the CommissionThe Commission shall compile, maintain, and make publicly available online and in official
			 publications, regularly updated lists of persons it determines are
			 imprisoned, detained, disappeared, placed under house arrest, tortured, or
			 subject to forced renunciations of faith by a foreign government that the
			 Commission recommends for designation as a country of particular concern
			 for religions freedom under section 402(b) or a violent nonstate actor and
			 include information on the conditions and circumstances of such
			 individuals. In compiling such lists, the Commission shall exercise
			 appropriate discretion, including consideration of the safety and security
			 of, and benefit to, the persons who may be included on the lists and their
			 families..
			8.Duties of the Commission on International Religious FreedomSubsection (a) of section 202 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432)
			 is amended—
			(1)in the matter preceding paragraph (1), by striking responsibility and inserting responsibilities;
			(2)in paragraph (1), by striking and at the end;
			(3)in paragraph (2), by striking the period at the end and inserting a semicolon; and
			(4)by adding at the end the following new paragraphs:

					(3)by making annual recommendations on countries, and violent nonstate actors, as appropriate, which
			 commit particularly severe violations of religious freedom and issuing
			 reports on any other countries and violent nonstate actors that the
			 Commission believes to have engaged in or tolerated violations of
			 religious freedom; and
					(4)recommending specific policy responses or actions that may be taken under section 405(a), including
			 any commensurate actions that may be taken.
					.
			9.Report of the Commission on International Religious FreedomSubsection (a) of section 205 of the International Religious Freedom Act of 1998 (22 U.S.C. 6433)
			 is amended to read as follows:

				(a)In GeneralThe Commission shall—
					(1)not later than 180 days after the date of the submission of the report required of the Secretary of
			 State under section 102(b), submit an annual report to the President, the
			 Secretary of State, and the appropriate congressional committees setting
			 forth its recommendation for United States policy options based on
			 evaluations of country conditions under paragraphs (1) and (2) of section
			 202(a); and
					(2)submit recommendations required under paragraphs (3) and (4) of section 202(a) sufficiently prior
			 to the annual designation of each country of particular concern for
			 religious freedom under section 402(b) to allow for presidential
			 consideration of such recommendations..
		10.Senior Director for Global Religion Engagement and International Religious Freedom Promotion;
			 Interagency Policy Committees
			(a)Amendments to National Security Act of 1947Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) is amended—
				(1)in subsection (k)—
					(A)in the first sentence,
						(i)by striking It is the sense of that there should be and inserting The President shall appoint; and
						(ii)by striking Special Adviser to the President on International Religious Freedom and inserting Senior Director for Global Religion Engagement and International Religious Freedom Promotion; and
						(B)by striking the second and third sentences and inserting the following: The Senior Director, shall develop and coordinate religious freedom policies and religion
			 engagement strategies throughout the Executive Branch, serve as a resource
			 for executive branch officials, compile and maintain information on the
			 facts and circumstances of violations of religious freedom, assist in
			 coordinating all programs, projects, and activities of the United States
			 to promote religious freedom and religious engagement outside the United
			 States, and make policy recommendations relevant to the programs,
			 projects, activities of the Department of Defense, the Department of
			 Homeland Security, the Department of State, the Department of the
			 Treasury, and the United States Agency for International Development, and
			 carry out all other applicable duties, responsibilities, and coordination
			 activities enumerated in the International Religious Freedom Act of 1998.
			 The Senior Director shall serve as liaison with the Ambassador at Large
			 for International Religious Freedom and the United States Commission on
			 International Religious Freedom described in the International Religious
			 Freedom Act of 1998, Congress, religious and nongovernmental
			 organizations, and, as appropriate, Cabinet-level agencies.; and
					(2)by adding at the end, the following new subsections:

						(m)Interagency Policy Committee on Religious Freedom and Engagement
							(1)EstablishmentThere is established within the National Security Council a permanent interagency policy committee
			 to be known as the Interagency Policy Committee on Religious Freedom and Engagement (in this subsection referred to as the Committee).
							(2)MembershipThe Committee shall be co-chaired by the Senior Director for Global Religion Engagement and
			 International Religious Freedom Promotion and the Ambassador at Large for
			 Religious Freedom described in section 101 of the International Religious
			 Freedom Act of 1998.
							(3)FunctionsThe Committee shall develop a religion engagement strategy globally and coordinate international
			 religious freedom policy across the Executive Branch.
							(n)Interagency Policy Committee on Religion, Human rights, and National security
							(1)EstablishmentThere is established within the National Security Council a permanent interagency policy committee
			 to be known as the Interagency Policy Committee on Religion, Human Rights, and National Security (in this subsection referred to as the Committee).
							(2)MembershipThe Committee shall be chaired by the Deputy National Security Advisor, the Assistant Secretary of
			 State for Democracy, Human Rights, and Labor, and the Ambassador at Large
			 for Religious Freedom described in section 101 of the International
			 Religious Freedom Act of 1998.
							(3)FunctionsThe Committee shall coordinate policy on the intersection of religion, human rights, and United
			 States interests in preventing terrorism, countering violent extremism,
			 and mitigating and preventing conflict..
				(b)RegulationsNot later than 90 days after the date of the enactment of this Act, the President shall promulgate
			 regulations to carry out subsections (k), (m), and (n) of section 101 of
			 the National Security Act of 1947 as amended by subsection (a) of this
			 section.
			11.Presidential actions in response to violations of religious freedomSection 401(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6441(b)) is amended,
			(1)in paragraph (1), by striking Special Adviser and inserting Senior Director; and
			(2)by amending paragraph (2) to read as follows:

					(2)Deadline for Actions
						(A)In GeneralExcept as provided in subparagraph (B), not later than 90 days after the date on which each of the
			 Annual Reports is submitted under section 102(b), the President shall take
			 1 or more of the actions referred to in section 405(a) or a commensurate
			 action with respect to each foreign country and violent nonstate actor
			 that has engaged in or tolerated violations of religious freedom at any
			 time since the previous such report was submitted.
						(B)Additional PrerequisiteThe President may not take any of the actions described in paragraphs (9) through (15) of section
			 405(a) or a commensurate action with respect to a foreign country or
			 violent nonstate actor until the President certifies that the requirements
			 under sections 403 and 404 have been satisfied with respect so such
			 country or actor..
			12.Presidential actions in response to particularly severe violations of religious freedomSection 402 of the International Religious Freedom Act of 1998 (22 U.S.C. 6442) is amended—
			(1)in subsection (b)—
				(A)in paragraph (1)—
					(i)by amending subparagraph (A) to read as follows:

							(A)In GeneralNot later than 90 days after the date on which each Annual Report is submitted under section
			 102(b), the President shall—
								(i)review the status of religious freedom in each foreign country to determine whether the government
			 of that country has engaged in or tolerated particularly severe violations
			 of religious freedom in each such country during the preceding 12 months
			 or longer; and
								(ii)designate each country the government of which has engaged in or tolerated violations described in
			 clause (i) as a country of particular concern for religious freedom under
			 section 402(b).; and
					(ii)in subparagraph (C), by striking prior to September 1 of the respective year and inserting before the date on which each Annual Report is submitted under section 102(b);
					(B)by amending paragraph (3) to read as follows:

						(3)Congressional notification
							(A)In GeneralWhenever the President designates a country as a country of particular concern for religious
			 freedom under paragraph (1)(A), the President shall, not later than 120
			 days after the designation is made, transmit to the appropriate
			 congressional committees—
								(i)the designation of the country, signed by the President;
								(ii)the identification, if any, of responsible parties determined under paragraph (2); and
								(iii)a description of the actions taken under subsection (c), the purposes of the actions taken, and the
			 effectiveness of the actions taken.
								(B)Removal of DesignationA country that is designated as a country of particular concern for religious freedom under
			 paragraph (1)(A) shall retain such designation until the President
			 determines and reports to the appropriate congressional committees that
			 the country should no longer be so designated.
							(C)Explanation for NondesignationIf the President does not designate a country as a country of particular concern for religious
			 freedom under paragraph (1)(A) after the Commission has recommended such
			 designation, the President shall provide an explanation for the
			 nondesignation to the appropriate congressional committees.; and
				(C)by adding at the end, the following new paragraph:

						(4)Treatment of countries on Special Watch List
							(A)In GeneralThe President shall designate as a country of particular concern for religious freedom under
			 paragraph (1)(A) any country that appears on the Special Watch List—
								(i)in more than 2 consecutive Annual Reports;
								(ii)in any 4 Annual Reports;
								(iii)in more than 1 Annual Report after the expiration of a waiver issued under subparagraph (B); and
								(iv)in more than 1 Annual Report if the President has previously designated such country as a country
			 of particular concern for religious freedom under paragraph (1)(A).
								(B)Exercise of Waiver AuthorityThe President may waive the application of clauses (i) or (ii) of subparagraph (A) with respect to
			 a country for up to 2 years if the President certifies to the appropriate
			 committees of Congress that—
								(i)the country has entered into an agreement with the United States to carry out specific and credible
			 actions to improve religious freedom conditions and end religious freedom
			 violations;
								(ii)the country has entered into an agreement with the United Nations, the European Union, or other
			 ally of the United States, to carry out specific and credible actions to
			 improve religious freedom conditions and end religious freedom violations;
			 or
								(iii)waiver is in the national security interests of the United States.
								(C)Effect on Designation as Country of Particular ConcernThe presence or absence of a country from the Special Watch List in any given year shall not
			 preclude the designation of such country as a country of particular
			 concern for religious freedom under paragraph (1)(A) in any such year.
							; and
				(2)in subsection (c)(5), in the second sentence, by inserting and include a description of the impact of the designation of such sanction or sanctions that exist
			 in each country after determines satisfy the requirements of this subsection.
			13.ConsultationsSubsection (a) of section 403 of the International Religious Freedom Act of 1998 (22 U.S.C. 6443)
			 is amended by striking As soon as practicable and inserting Not later than 90 days.
		14.Report to CongressSubsection (a) of section 404 of the International Religious Freedom Act of 1998 (22 U.S.C. 6444)
			 is amended—
			(1)by striking decides to take action under section 401 and inserting takes action under section 401;
			(2)by striking decides to take action under paragraphs and inserting takes the required action under paragraphs; and
			(3)in paragraph (4)(A)—
				(A)in the matter preceding clause (i), by striking Special Adviser and inserting Senior Director;
				(B)in clause (ii), by striking and at the end;
				(C)in clause (iii), by striking the period at the end and inserting ; and; and
				(D)by adding at the end the following new clause:

						(iv)the impact on other policy tools, and a description of policy tools being applied in the country,
			 including programs that target democratic stability, economic growth, and
			 counterterrorism..
				15.Presidential waiverSection 407 of the International Religious Freedom Act of 1998 (22 U.S.C. 6447) is amended—
			(1)in subsection (a), by inserting , for a 180-day period beginning on the date of the initial designation, after may waive; and
			(2)by adding at the end the following new subsection:

					(c)Sense of CongressIt is the sense of Congress that ongoing and persistent waivers for any country designated as a
			 country of particular concern for religious freedom under section 402(b)
			 for engaging in particularly severe violations of religious freedom do not
			 fulfill the purposes of this Act, and, given that promotion of religious
			 freedom is a compelling United States foreign policy priority, the
			 President, the Secretary of State, and other executive branch officials,
			 in consultation with Congress, should seek to find ways to address
			 existing violations, on a country-by-country basis, through the actions
			 specified in section 405 or other commensurate actions, possibly including
			 through the actions described in section 605, or by some other action that
			 addresses the specific religious freedom violations of each country
			 designated..
			16.Termination of presidential actionsSection 409 of the International Religious Freedom Act of 1998 (22 U.S.C. 6449) is amended to read
			 as follows:

				409.Termination of presidential actionsAny Presidential action taken under this Act with respect to a foreign country shall terminate
			 after a determination by the President, in consultation with the
			 Commission, and written certification to Congress that the foreign
			 government has ceased or taken substantial and verifiable steps to cease
			 the particularly severe violations of religious freedom.
		17.Country of particular concern designation for violent nonstate actorsTitle IV of the International Religious Freedom Act of 1998 (22 U.S.C. 6441 et seq.) is amended by
			 inserting after section 405 the following new section:

				405A.Sense of Congress regarding country of particular concern designation for violent nonstate actorsIt is the sense of Congress that the country of particular concern for religious freedom
			 designation described in section 402(b) and the Presidential actions
			 described in 405 should be applicable to violent nonstate actors. The
			 President should include, in the report to Congress required by section
			 404, any reasons why such violent nonstate actors were not so designated
			 (if the Council recommended doing so) and whether any presidential actions
			 described in section 405 were taken against such violent nonstate actors.
		18.Assistance for promoting religious freedomSection 501 of the International Religious Freedom Act of 1998 is amended by adding at the end the
			 following new subsections:

				(c)Availability of AmountsOf the amounts made available for fiscal years 2016 through 2021 for the Human Rights and Democracy
			 Fund established under section 664 of the Freedom Investment Act of 2002
			 (subtitle E of title VI of Public Law 107–228), the Secretary of State
			 shall provide to the Office—
					(1)not less than 5 percent of such amounts for each such fiscal year for the promotion of
			 international religious freedom through groups that are able to develop
			 legal protections or promote cultural and societal understanding of
			 international norms of religious freedom and groups that seek to address
			 and mitigate religiously motivated and sectarian violence; and
					not less than 1 percent of such amounts for each such fiscal year for the Religious Freedom Defense
			 Fund established under subsection (d).
					(d)Religious Freedom Defense Fund
					(1)EstablishmentThere is established in the Department of State a fund to be known as the Religious Freedom Defense Fund (referred to in this subsection as the Fund) which shall be administered by the Ambassador at Large.
					(2)AmountsThe Fund shall consist of amounts made available under subsection (c)(2).
					(3)Use of FundThe Ambassador at Large shall use amounts in the Fund to issue grants for the following:
						(A)Victims of religious freedom abuses and their families to cover legal and other expenses that may
			 arise from detention, imprisonment, torture, fines, and other
			 restrictions.
						(B)Projects to help create and support a new generation of defenders of religious freedom, including
			 legal and political advocates, and civil society projects which seek to
			 create advocacy networks, train and educate new religious freedom
			 defenders, and build the capacity of religious communities and rights
			 defenders to protect against religious freedom violations, sectarian
			 violence, or legal or other restrictions of the right to the freedom of
			 religion and belief.
						(4)PreferenceIn issuing grants under paragraph (3), the Ambassador at Large shall, as appropriate, give
			 preference to projects targeting religious freedom violations in countries
			 designated as countries of particular concern for religious freedom under
			 section 402(b) and those included on the Special Watch List.
					(e)ConsultationThe Ambassador at Large should consult, in developing priorities and policies for disbursing the
			 funds referred to in subsection (c), including grant policies and the
			 identification of potential grantees, with other Federal agencies,
			 including the Commission, and the International Republican Institute, the
			 National Democratic Institute, the National Endowment for Democracy and,
			 as appropriate, other nongovernmental organizations..
		19.Actions against persons responsible for committing particularly severe violations of international
			 religious freedomTitle VI of the International Religious Freedom Act of 1998 (22 U.S.C. 6471 et seq.) is amended—
			(1)by redesignating section 605 as section 606; and
			(2)by inserting after section 604 the following new section:

					605.Actions against persons responsible for committing particularly severe violations of international
			 religious freedom
						(a)Authority To sanction persons responsible for committing or ordering particularly severe violations
			 of international religious freedomNotwithstanding section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701),
			 the President may exercise the authority specified in section 203 of such
			 Act with respect to—
							(1)any person that the President determines plays a role in committing, ordering, or materially
			 supporting particularly severe violations of religious freedom; or
							(2)any person that the President determines to be providing material or other assistance supporting
			 violent religious extremism.
							(b)Report to Congress on identification and sanction of persons responsible for particularly severe
			 violations of international religious freedom
							(1)In GeneralUpon exercising the authority described in subsection (a) with respect to a person, the President
			 shall submit to the appropriate congressional committees a report—
								(A)identifying the persons that the President determines to be subject to action under subsection (a)
			 and the basis for such determination; and
								(B)describing the actions carried out against such persons pursuant to subsection (a).
								(2)Report on Removal of SanctionsUpon suspending or terminating any action imposed on a person under the authority of subsection
			 (a), the President shall submit to the appropriate congressional
			 committees written notification of such suspension or termination.
							(3)Submission of Classified InformationReports submitted under this subsection shall be submitted in unclassified form, but may contain a
			 classified annex..
			20.Miscellaneous ProvisionsTitle VII of the International Religious Freedom Act of 1998 (22 U.S.C. 6481 et seq.) is amended by
			 adding at the end the following new sections:

				702.Codes of conduct for United States institutions of higher education outside the United States
					(a)FindingCongress recognizes the enduring importance of United States institutions of higher education
			 worldwide both for their potential for shaping positive leadership and new
			 educational models in host countries and for their emphasis on teaching
			 universally recognized rights of free inquiry and academic freedom.
					(b)Sense of CongressIt is the sense of Congress that United States institutions of higher education operating campuses
			 outside the United States or establishing any educational entities with
			 foreign governments, particularly with or in countries the governments of
			 which engage in or tolerate severe violations of religious freedom as
			 identified in the Annual Report and the annual report of the
			 Congressional-Executive Commission on China, should adopt a code of
			 conduct—
						(1)upholding the right of freedom of religion of their employees and students, including the right to
			 manifest that religion peacefully as protected in international law;
						(2)ensuring that the religious views and peaceful practice of belief in no way affect, or be allowed
			 to affect, the status of a worker’s or faculty member’s employment or a
			 student’s enrollment; and
						(3)affirming that all negotiations, contracts, or memoranda of understanding engaged in or constructed
			 with a foreign government to establish any educational entity, shall be
			 open, transparent, and made available for public inspection before
			 conclusion and that any such agreement shall affirm, at all times,
			 academic freedom and universal rights to the freedoms of religion, speech,
			 assembly, and association.
						703.Sense of Congress regarding national security strategy to promote religious freedom through United
			 States foreign policyIt is the sense of Congress that—
					(1)the annual national security strategy report of the President required by section 108 of the
			 National Security Act of 1947 (50 U.S.C. 3043) should promote
			 international religious freedom as a foreign policy and national security
			 priority and should articulate that promotion of the right to freedom of
			 religion or belief is a strategy that protects other, related human
			 rights, and advances democracy outside the United States, and make clear
			 its importance to United States foreign policy goals of stability,
			 security, development, and diplomacy;
					(2)the national security strategy report should be a guide for the strategies and activities of
			 relevant Federal agencies and inform the Department of Defense quadrennial
			 defense review under section 118 of title 10, United States Code, and the
			 Department of State Quadrennial Diplomacy and Development Review; and
					(3)in order to support the development of a national security strategy that emphasizes the challenges
			 of integrating religious freedom into United States foreign policy at all
			 levels, the President should consider—
						(A)adopting a whole-of-government approach to promote international religious freedom by creating
			 senior policy positions and committees at the National Security Council,
			 chaired by the Senior Directors of the National Security Council and the
			 Ambassador at Large, and implemented through specific policy directives
			 that guide the actions of other Federal agencies; and
						(B)requesting a national intelligence estimate on international religious freedom by the National
			 Intelligence Council or any other intelligence agency as appropriate,
			 which that analyzes conditions and trends of international religious
			 freedom and identifies potential national security risks related to the
			 absence of religious freedom, including threats to stability from
			 authoritarian governments, terrorism, violent religious extremism,
			 sectarian violence, and laws that restrict religious freedom.
						704.Report on religious freedom conditions in Nigeria, Pakistan, and Vietnam
					(a)In GeneralNot later than 1 year after the date of the enactment of Frank R. Wolf International Religious Freedom Act of 2014, the Comptroller General of the United States shall submit to the appropriate congressional
			 committees a report on whether religious freedom conditions are such that
			 the countries of Nigeria, Pakistan, and Vietnam meet the criteria for
			 designation as countries of particular concern for religious freedom under
			 section 402(b).
					(b)ConsultationThe Comptroller General shall consult with the appropriate executive branch officials, appropriate
			 congressional committees, and governmental and nongovernmental
			 organizations for the purposes of preparing the report required by
			 subsection (a).
					(c)Matters To be includedThe report required by subsection (a) shall include the following:
						(1)A multiyear comparison of country reports on Nigeria, Pakistan, and Vietnam in the Annual Country
			 Reports on Human Rights Practices, the Annual Reports described in section
			 102(b), and the annual reports of the Commission.
						(2)A comparison of reports and publications on religious freedom conditions in Nigeria, Pakistan, and
			 Vietnam issued by foreign governments, nongovernmental organizations, and
			 academic entities, to the findings of the reports issued by the United
			 States.
						(3)Discussions with current and former United States officials, including Members of Congress,
			 Commissioners, and staff of the Commission, about religious freedom
			 conditions in Nigeria, Pakistan, and Vietnam, the requirements of this
			 Act, and United States national interests in such countries.
						(4)Discussions with current and former United Nations Special Rapporteurs on Religion and Belief and
			 their staffs, about religious freedom conditions in Nigeria, Pakistan, and
			 Vietnam.
						(5)Discussions with academic and other experts, including representatives of religions and ethnic
			 minority groups, about religious freedom conditions in Nigeria, Pakistan,
			 and Vietnam, the effect of United States advocacy for religious freedom in
			 such countries, and United States national interests in such countries.
						.
		21.Clerical AmendmentsThe table of contents of the International Religious Freedom Act of 1998 (22 U.S.C. 6401 note) is
			 amended—
			(1)by inserting after the item relating to section 405 the following:

						Sec. 405A. Sense of Congress regarding country of particular concern designation for violent
			 nonstate actors.;
			(2)by striking the item relating to section 605 and inserting the following:

						Sec. 606. Studies on the effect of expedited removal provisions on asylum claims.;
			(3)by inserting after the item relating to section 604 the following:

						Sec. 605. Actions against persons responsible for committing particularly severe violations of
			 international religious freedom.;
				and(4)by adding at the end the following:

						Sec. 702. Codes of conduct for United States institutions of higher education operating outside the
			 United States.
						Sec. 703. Sense of Congress regarding national security strategy to promote religious freedom
			 through United States foreign policy.
						Sec. 704. Report on religious freedom conditions in Nigeria, Pakistan, and Vietnam.
					.


115 S1101 IS: Pregnant Workers Fairness Act
U.S. Senate
2017-05-11
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.

II115th CONGRESS1st SessionS. 1101IN THE SENATE OF THE UNITED STATESMay 11, 2017Mr. Casey (for himself, Mr. Heller, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo eliminate discrimination and promote women’s health and economic security by ensuring reasonable
			 workplace accommodations for workers whose ability to perform the
			 functions of a job are limited by pregnancy, childbirth, or a related
			 medical condition.

 1.Short titleThis Act may be cited as the Pregnant Workers Fairness Act.
		2.Nondiscrimination
 with regard to reasonable accommodations related to pregnancyIt shall be an unlawful employment practice for a covered entity to—
 (1)not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;
 (2)deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant;
 (3)require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept, if such accommodation is unnecessary to enable the applicant or employee to perform her job;
 (4)require an employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee; or
 (5)take adverse action in terms, conditions, or privileges of employment against an employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.
			3.Remedies and
			 enforcement
			(a)Employees
			 Covered by Title VII of the Civil Rights Act of 1964
				(1)In
 generalThe powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this Act provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(A), except as provided in paragraphs (2) and (3).
				(2)Costs and
 feesThe powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, alleging such a practice.
 (3)DamagesThe powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).
				(b)Employees
			 Covered by Congressional Accountability Act of 1995
				(1)In
 generalThe powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(B), except as provided in paragraphs (2) and (3).
				(2)Costs and
 feesThe powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging such a practice.
 (3)DamagesThe powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).
				(4)Other applicable
 provisionsWith respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
				(c)Employees
			 covered by chapter 5 of title 3, United States Code
				(1)In
 generalThe powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person, alleging a violation of section 411(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(C), except as provided in paragraphs (2) and (3).
				(2)Costs and
 feesThe powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, alleging such a practice.
 (3)DamagesThe powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, such Board, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).
				(d)Employees
			 Covered by Government Employee Rights Act of 1991
				(1)In
 generalThe powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3).
				(2)Costs and
 feesThe powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, alleging such a practice.
 (3)DamagesThe powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).
				(e)Employees
			 Covered by section 717 of the Civil Rights Act of 1964
				(1)In
 generalThe powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee or applicant described in section 5(3)(E), except as provided in paragraphs (2) and (3).
				(2)Costs and
 feesThe powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice.
 (3)DamagesThe powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).
				(f)Prohibition
			 Against Retaliation
 (1)In GeneralNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act.
 (2)Prohibition against coercionIt shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act.
 (3)RemedyThe remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection.
 4.RulemakingNot later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this Act. Such regulations shall provide examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions that shall be provided to a job applicant or employee affected by such known limitations unless the covered entity can demonstrate that doing so would impose an undue hardship.
 5.DefinitionsAs used in this Act— (1)the term Commission means the Equal Employment Opportunity Commission;
 (2)the term covered entity—
 (A)has the meaning given the term respondent in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(n)); and
 (B)includes— (i)an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code;
 (ii)an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and
 (iii)an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;
 (3)the term employee means—
 (A)an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f));
 (B)a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301);
 (C)a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code;
 (D)a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or
 (E)an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;
 (4)the term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)); and
 (5)the terms reasonable accommodation and undue hardship have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms have been construed under such Act and as set forth in the regulations required by this Act, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.
 6.Waiver of State immunityA State shall not be immune under the 11th Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
		7.Relationship to
 other lawsNothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.


		I
		112th CONGRESS
		2d Session
		H. R. 5767
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2012
			Mr. Scott of South
			 Carolina introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To reduce temporarily the duty on Benzoyl
		  chloride.

		1.Benzoyl chloride
			(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:

								9902.01.00Benzoyl chloride (CAS No. 98–88–4) (provided for in subheading
						2916.32.20)2.1%No changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


117 S2298 IS: Economic Inclusion Civil Rights Act of 2021
U.S. Senate
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2298IN THE SENATE OF THE UNITED STATESJune 24, 2021Mr. Blumenthal (for himself, Mr. Booker, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend section 1977 of the Revised Statutes to protect equal rights under law.1.Short titleThis Act may be cited as the Economic Inclusion Civil Rights Act of 2021.2.Equal rightsSection 1977 of the Revised Statutes (42 U.S.C. 1981) is amended to read as follows:1977.Equal rights under law(a)FindingCongress finds that the decisions of the Supreme Court of the United States in Comcast Corp. v. National Ass’n of African American-Owned Media, 140 S. Ct. 1009 (2020), and General Building Contractors Ass'n v. Pennsylvania, 458 U.S. 375 (1982), have weakened the scope and effectiveness of Federal civil rights protections.(b)Purpose and authority(1)AuthorityThis section is an exercise of congressional authority under section 5 of the 14th Amendment, section 2 of the 13th Amendment, and the Commerce Clause of section 8 of article I, of the Constitution of the United States. (2)PurposeThe purpose of this section is to protect civil rights, including to enact into law key portions of the concurring opinion of Justice Ginsburg in Comcast Corp. v. National Ass’n of African American-Owned Media, 140 S. Ct. 1009 (2020), and the dissenting opinion of Justice Marshall in General Building Contractors Ass'n v. Pennsylvania, 458 U.S. 375 (1982). (c)DefinitionsIn this section:(1)DemonstratesThe term demonstrates means meets the burdens of production and persuasion. (2)Economic activityThe term economic activity shall have the broadest meaning permissible under the Constitution, including—(A)making, performing, and enforcing contracts;(B)producing, consuming, browsing for, shopping for, or waiting for goods or services; (C)soliciting, selecting, hiring, or dealing with a vendor, supplier, contractor, or subcontractor;(D)dealing with or serving (including refusing to serve) a shopper, patron, or customer;(E)accessing, processing, or granting (including denying) access to loans, credit, bonding, or insurance; and (F)purchasing, leasing, selling, holding, or conveying real or personal property, whether the activities described in this paragraph occur on the internet, at a physical location, or through any other medium. (3)Full and equal benefit and enjoyment of economic activityThe term full and equal benefit and enjoyment of economic activity means the benefit or enjoyment, respectively, of the same benefits, privileges, advantages, preferences, opportunities, terms, conditions, goods, services, facilities, accommodations, service and treatment, employment, and rights to make, enforce, perform, modify, and terminate contracts, and freedom from intimidation, harassment, and profiling as white citizens benefit from or enjoy, respectively.(4)IncludingThe term including means including, but not limited to, consistent with the term's standard meaning in Federal law.(5)Security of person and propertyThe term security, used with respect to person and property, includes protection from physical harm and a threat of harm to one’s body or property, and protection against exposure to or a disproportionate burden from the negative human health and environmental impacts of pollution or an environmental hazard. (d)Statement of equal rightsAll nonWhite persons within the jurisdiction of the United States shall have the same right in every State and territory as is enjoyed by White citizens to the full and equal benefit and enjoyment of economic activity, to security of their persons and property, to make and enforce contracts, including carrying out the contract formation process, and to sue, be parties, and give evidence, and to the full and equal benefit of all laws and proceedings, and shall be subject, in comparison to White citizens, to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.(e)Discriminatory effects also prohibited(1)In generalNo person shall use a criterion, method of administration, practice, or policy that has a disparate impact in violation of subsection (d).(2)DemonstrationA challenged criterion, method of administration, practice, or policy that has an impact described in paragraph (1) shall be unjustifiable unless its user demonstrates that—(A)the use serves a legitimate purpose, which is both required by a substantial business necessity and not a pretext for discrimination; and(B)if the complaining party proffers an alternative, that that alternative is either inconsistent with substantial business necessity or would produce an equal or greater disparate impact on the basis of a classification protected by subsection (d). (3)Limitation on substantial business necessity defenseA demonstration that a criterion, method of administration, practice, or policy is required by a substantial business necessity may not be used as a defense against a claim of intentional discrimination under this section. (f)Protection against impairmentAll rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law. (g)Burden of proof for discriminatory treatment actions(1)Protected classificationIn this subsection, the term protected classification means a classification protected by subsection (d). (2)DemonstrationThe equal rights guaranteed under subsection (d) shall be considered to be denied when the complaining party demonstrates that race or a protected classification was a motivating factor for the denial of such rights even though other factors also motivated the denial. A denial of equal rights guaranteed under subsection (d) may be established with comparator evidence or any other evidence that sufficiently demonstrates a denial of such rights, including evidence of conduct that a reasonable person would find racially hostile. (h)StandingAny person suffering injury in fact as a result of the alleged violation of this section may bring a claim or cause of action for damages, or for equitable or for declaratory relief, under this section. Standing shall not be limited to victims who were parties to, or third-party beneficiaries of, a contract with the defendant. (i)Respondeat superior liabilityPrincipals shall be liable for violations of this section by their agents, and local governments shall be liable for violations of this section by their employees, acting within the scope of their duties.(j)Jury trial rightAll persons within the jurisdiction of the United States shall have the right to enforce a right provided under this section in a court of law and before a jury of their peers, and no joint-action waiver or pre-dispute arbitration agreement shall be valid or enforceable with respect to any alleged violation of this section.(k)Statute of limitationsAll causes of action under this section shall be governed by the 4-year statute of limitations provided by section 1658(a) of title 28, United States Code.(l)Remediating past discriminationNothing in this section shall be construed to prohibit or limit a lawful effort, under a provision other than this section, to remedy the effects of discrimination that has occurred or is occurring..3.Application to claimsThis Act, and the amendment made by this Act, shall apply to all claims of violations of section 1977 of the Revised Statutes that are pending on or after the date of enactment of this Act.4.SeverabilityIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.


113 HR 1452 IH: Filipino Veterans Fairness Act of 2013
U.S. House of Representatives
2013-04-09
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
		1st Session
		H. R. 1452
		IN THE HOUSE OF REPRESENTATIVES

			April 9, 2013
			Ms. Speier (for
			 herself, Ms. Bass,
			 Ms. Bordallo,
			 Mr. Brady of Pennsylvania,
			 Ms. Chu, Ms. Clarke, Mr.
			 Connolly, Mr. Conyers,
			 Mrs. Davis of California,
			 Mr. Faleomavaega,
			 Mr. Farr, Mr. Grijalva, Mr.
			 Gutierrez, Mr. Hastings of
			 Florida, Mr. Heck of
			 Nevada, Mr. Honda,
			 Ms. Lee of California,
			 Mr. Levin,
			 Mr. Lewis,
			 Mr. Meeks,
			 Mr. Moran,
			 Mrs. Napolitano,
			 Ms. Norton,
			 Ms. Schakowsky,
			 Mr. Schiff,
			 Mr. Scott of Virginia,
			 Ms. Wasserman Schultz,
			 Ms. Waters,
			 Mr. Costa,
			 Mr. Nadler,
			 Mr. Swalwell of California, and
			 Ms. Gabbard) introduced the following
			 bill; which was referred to the Committee
			 on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to deem certain
		  service in the organized military forces of the Government of the Commonwealth
		  of the Philippines and the Philippine Scouts to have been active service for
		  purposes of benefits under programs administered by the Secretary of Veterans
		  Affairs.

		1.Short titleThis Act may be cited as the
			 Filipino Veterans Fairness Act of
			 2013.
		2.Certain service
			 in the organized military forces of the Philippines and the Philippine Scouts
			 deemed to be active service
			(a)In
			 GeneralSection 107 of title 38, United States Code, is
			 amended—
				(1)in subsection
			 (a)—
					(A)by striking
			 not after Army of the United States, shall;
			 and
					(B)by striking
			 , except benefits under— and all that follows in that subsection
			 and inserting a period;
					(2)in subsection
			 (b)—
					(A)by striking
			 not after Armed Forces Voluntary Recruitment Act of 1945
			 shall; and
					(B)by striking
			 except— and all that follows in that subsection and inserting a
			 period;
					(3)by amending
			 subsection (c) to read as follows:

						(c)Determination of
				eligibility(1)In determining the
				eligibility of the service of an individual under this section, the Secretary
				shall take into account any alternative documentation regarding such service,
				including documentation other than the Missouri List, that the Secretary
				determines relevant.
							(2)Not later than March 1 of each year, the
				Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and
				House of Representatives a report that includes—
								(A)the number of individuals applying for
				benefits pursuant to this section during the previous year; and
								(B)the number of such individuals that
				the Secretary approved for benefits.
								;
				and
				(4)by amending
			 subsection (d) to read as follows:

						(d)Relation to
				Filipino Veterans Equity Compensation FundSection 1002(h) of the American Recovery
				and Reinvestment Act of 2009 (title X of division A of Public Law 111–5; 123
				Stat. 200; 38 U.S.C. 107 note) shall not apply to an individual described in
				subsection (a) or (b) of this
				section.
						.
				(b)Conforming
			 Amendments(1)The heading of such
			 section is amended to read as follows:

						107.Certain service
				deemed to be active service: service in organized military forces of the
				Philippines and in the Philippine
				Scouts
						.
				(2)The item relating to such section in
			 the table of sections at the beginning of chapter 1 of such title is amended to
			 read as follows:

							107. Certain service deemed to be active
				service: service in organized military forces of the Philippines and in the
				Philippine Scouts.

						.

				3.Effective
			 date
			(a)In
			 generalThe amendments made by this Act shall take effect on the
			 date that is 90 days after the date of the enactment of this Act.
			(b)ApplicabilityNo
			 benefits shall accrue to any person for any period before the effective date of
			 this Act by reason of the amendments made by this Act.


110 HR 5559 IH: Long-Term Care and Retirement Security

U.S. House of Representatives
2008-03-06
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
		2d Session
		H. R. 5559
		IN THE HOUSE OF REPRESENTATIVES

			March 6, 2008
			Mr. Putnam introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow
		  individuals a deduction for qualified long-term care insurance premiums, use of
		  such insurance under cafeteria plans and flexible spending arrangements, and a
		  credit for individuals with long-term care needs.

		1.Short titleThis Act may be cited as the
			 Long-Term Care and Retirement Security
			 Act of 2008.
		2.Treatment of premiums
			 on qualified long-term care insurance contracts
			(a)In
			 generalPart VII of subchapter B of chapter 1 of the Internal
			 Revenue Code of 1986 (relating to additional itemized deductions) is amended by
			 redesignating section 224 as section 225 and by inserting after section 223 the
			 following new section:

					224.Premiums on
				qualified long-term care insurance contracts
						(a)In
				generalIn the case of an individual, there shall be allowed as a
				deduction an amount equal to the applicable percentage of eligible long-term
				care premiums (as defined in section 213(d)(10)) paid during the taxable year
				for coverage for the taxpayer and the taxpayer’s spouse and dependents under a
				qualified long-term care insurance contract (as defined in section
				7702B(b)).
						(b)Applicable
				percentageFor purposes of subsection (a), the applicable
				percentage shall be determined in accordance with the following table:

										For taxable years
						beginningThe applicable

										 in calendar year—percentage
						is—

										2009 or
						201025

										201135

										201265

										2013 or
						thereafter100.

						(c)Coordination
				with other deductionsAny amount paid by a taxpayer for any
				qualified long-term care insurance contract to which subsection (a) applies
				shall not be taken into account in computing the amount allowable to the
				taxpayer as a deduction under section 162(l) or
				213(a).
						.
			(b)Long-term care
			 insurance permitted To be offered under cafeteria plans and flexible spending
			 arrangements
				(1)Cafeteria
			 plansThe last sentence of section 125(f) of such Code (defining
			 qualified benefits) is amended by inserting before the period at the end
			 ; except that such term shall include the payment of premiums for any
			 qualified long-term care insurance contract (as defined in section 7702B) to
			 the extent the amount of such payment does not exceed the eligible long-term
			 care premiums (as defined in section 213(d)(10)) for such
			 contract.
				(2)Flexible
			 spending arrangementsSection 106 of such Code (relating to
			 contributions by an employer to accident and health plans) is amended by
			 striking subsection (c) and redesignating subsections (d) and (e) as
			 subsections (c) and (d), respectively.
				(c)Conforming
			 amendments
				(1)Section 62(a) of
			 such Code is amended by inserting before the last sentence at the end the
			 following new paragraph:

						(22)Premiums on
				qualified long-term care insurance contractsThe deduction
				allowed by section
				224.
						.
				(2)Sections
			 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), 3231(e)(11), 3306(b)(18),
			 3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i) of such Code are each amended by
			 striking section 106(d) and inserting section
			 106(c).
				(3)Section
			 223(c)(1)(B)(iii)(II) of such Code is amended by striking 106(e)
			 and inserting 106(d).
				(4)Section 6041 of
			 such Code is amended—
					(A)in subsection (f)(1) by striking (as
			 defined in section 106(c)(2)), and
					(B)by adding at the
			 end the following new subsection:

							(h)Flexible
				spending arrangement definedFor purposes of this section, a flexible
				spending arrangement is a benefit program which provides employees with
				coverage under which—
								(1)specified incurred
				expenses may be reimbursed (subject to reimbursement maximums and other
				reasonable conditions), and
								(2)the maximum amount
				of reimbursement which is reasonably available to a participant for such
				coverage is less than 500 percent of the value of such coverage.
								In the
				case of an insured plan, the maximum amount reasonably available shall be
				determined on the basis of the underlying
				coverage..
					(5)The table of
			 sections for part VII of subchapter B of chapter 1 of such Code is amended by
			 striking the last item and inserting the following new items:

							Sec. 224. Premiums on qualified long-term
				care insurance contracts.
							Sec. 225. Cross
				reference.

						.
				(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.
			3.Credit for
			 taxpayers with long-term care needs
			(a)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is
			 amended by inserting after section 25D the following new section:

					25E.Credit for
				taxpayers with long-term care needs
						(a)Allowance of
				credit
							(1)In
				generalThere shall be allowed as a credit against the tax
				imposed by this chapter for the taxable year an amount equal to the applicable
				credit amount multiplied by the number of applicable individuals with respect
				to whom the taxpayer is an eligible caregiver for the taxable year.
							(2)Applicable
				credit amountFor purposes of paragraph (1), the applicable
				credit amount shall be determined in accordance with the following
				table:

											For taxable years
						beginningThe applicable

											 in calendar year—credit amount
						is—

											20091,500

											20102,000

											20112,500

											2012 or
						thereafter3,000.

							(b)Limitation based
				on adjusted gross income
							(1)In
				generalThe amount of the credit allowable under subsection (a)
				shall be reduced (but not below zero) by $100 for each $1,000 (or fraction
				thereof) by which the taxpayer’s modified adjusted gross income exceeds the
				threshold amount. For purposes of the preceding sentence, the term
				modified adjusted gross income means adjusted gross income
				increased by any amount excluded from gross income under section 911, 931, or
				933.
							(2)Threshold
				amountFor purposes of paragraph (1), the term threshold
				amount means—
								(A)$150,000 in the
				case of a joint return, and
								(B)$75,000 in any
				other case.
								(3)IndexingIn
				the case of any taxable year beginning in a calendar year after 2009, each
				dollar amount contained in paragraph (2) shall be increased by an amount equal
				to the product of—
								(A)such dollar
				amount, and
								(B)the medical care
				cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar
				year in which the taxable year begins, determined by substituting August
				2008 for August 1996 in subclause (II) thereof.
								If any
				increase determined under the preceding sentence is not a multiple of $50, such
				increase shall be rounded to the next lowest multiple of $50.(c)DefinitionsFor
				purposes of this section—
							(1)Applicable
				individual
								(A)In
				generalThe term applicable individual means, with
				respect to any taxable year, any individual who has been certified, before the
				due date for filing the return of tax for the taxable year (without
				extensions), by a physician (as defined in section 1861(r)(1) of the
				Social Security Act) as being an
				individual with long-term care needs described in subparagraph (B) for a
				period—
									(i)which is at least
				180 consecutive days, and
									(ii)a
				portion of which occurs within the taxable year.
									Notwithstanding the preceding
				sentence, a certification shall not be treated as valid unless it is made
				within the 39½ month period ending on such due date (or
				such other period as the Secretary prescribes).(B)Individuals with
				long-term care needsAn individual is described in this
				subparagraph if the individual meets any of the following requirements:
									(i)The individual is
				at least 6 years of age and—
										(I)is unable to
				perform (without substantial assistance from another individual) at least 3
				activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss
				of functional capacity, or
										(II)requires
				substantial supervision to protect such individual from threats to health and
				safety due to severe cognitive impairment and is unable to perform, without
				reminding or cuing assistance, at least 1 activity of daily living (as so
				defined) or to the extent provided in regulations prescribed by the Secretary
				(in consultation with the Secretary of Health and Human Services), is unable to
				engage in age appropriate activities.
										(ii)The individual is
				at least 2 but not 6 years of age and is unable due to a loss of functional
				capacity to perform (without substantial assistance from another individual) at
				least 2 of the following activities: eating, transferring, or mobility.
									(iii)The individual
				is under 2 years of age and requires specific durable medical equipment by
				reason of a severe health condition or requires a skilled practitioner trained
				to address the individual’s condition to be available if the individual’s
				parents or guardians are absent.
									(2)Eligible
				caregiver
								(A)In
				generalA taxpayer shall be treated as an eligible caregiver for
				any taxable year with respect to the following individuals:
									(i)The
				taxpayer.
									(ii)The taxpayer’s
				spouse.
									(iii)An individual
				with respect to whom the taxpayer is allowed a deduction under section 151(c)
				for the taxable year.
									(iv)An individual who
				would be described in clause (iii) for the taxable year if section 151(c) were
				applied by substituting for the exemption amount an amount equal to the sum of
				the exemption amount, the standard deduction under section 63(c)(2)(C), and any
				additional standard deduction under section 63(c)(3) which would be applicable
				to the individual if clause (iii) applied.
									(v)An
				individual who would be described in clause (iii) for the taxable year
				if—
										(I)the requirements
				of clause (iv) are met with respect to the individual, and
										(II)the requirements
				of subparagraph (B) are met with respect to the individual in lieu of the
				support test under subsection (c)(1)(D) or (d)(1)(C) of section 152.
										(B)Residency
				testThe requirements of this subparagraph are met if an
				individual has as his principal place of abode the home of the taxpayer
				and—
									(i)in
				the case of an individual who is an ancestor or descendant of the taxpayer or
				the taxpayer’s spouse, is a member of the taxpayer’s household for over half
				the taxable year, or
									(ii)in the case of
				any other individual, is a member of the taxpayer’s household for the entire
				taxable year.
									(C)Special rules
				where more than 1 eligible caregiver
									(i)In
				generalIf more than 1 individual is an eligible caregiver with
				respect to the same applicable individual for taxable years ending with or
				within the same calendar year, a taxpayer shall be treated as the eligible
				caregiver if each such individual (other than the taxpayer) files a written
				declaration (in such form and manner as the Secretary may prescribe) that such
				individual will not claim such applicable individual for the credit under this
				section.
									(ii)No
				agreementIf each individual required under clause (i) to file a
				written declaration under clause (i) does not do so, the individual with the
				highest adjusted gross income shall be treated as the eligible
				caregiver.
									(iii)Married
				individuals filing separatelyIn the case of married individuals
				filing separately, the determination under this subparagraph as to whether the
				husband or wife is the eligible caregiver shall be made under the rules of
				clause (ii) (whether or not one of them has filed a written declaration under
				clause (i)).
									(d)Identification
				requirementNo credit shall be allowed under this section to a
				taxpayer with respect to any applicable individual unless the taxpayer includes
				the name and taxpayer identification number of such individual, and the
				identification number of the physician certifying such individual, on the
				return of tax for the taxable year.
						(e)Taxable year
				must be full taxable yearExcept in the case of a taxable year
				closed by reason of the death of the taxpayer, no credit shall be allowable
				under this section in the case of a taxable year covering a period of less than
				12
				months.
						.
			(b)Conforming
			 amendments
				(1)Section 6213(g)(2)
			 of such Code is amended by striking and at the end of
			 subparagraph (L), by striking the period at the end of subparagraph (M) and
			 inserting , and, and by inserting after subparagraph (M) the
			 following new subparagraph:

						(N)an omission of a
				correct TIN or physician identification required under section 25E(d) (relating
				to credit for taxpayers with long-term care needs) to be included on a
				return.
						.
				(2)The table of
			 sections for subpart A of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 25D the following new
			 item:

							Sec. 25E. Credit for taxpayers with
				long-term care
				needs.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.
			4.Additional
			 consumer protections for long-term care insurance
			(a)Additional
			 protections applicable to long-term care insuranceSubparagraphs
			 (A) and (B) of section 7702B(g)(2) of the Internal Revenue Code of 1986
			 (relating to requirements of model regulation and Act) are amended to read as
			 follows:

					(A)In
				generalThe requirements of this paragraph are met with respect
				to any contract if such contract meets—
						(i)Model
				regulationThe following requirements of the model
				regulation:
							(I)Section 6A
				(relating to guaranteed renewal or noncancellability), other than paragraph (5)
				thereof, and the requirements of section 6B of the model Act relating to such
				section 6A.
							(II)Section 6B
				(relating to prohibitions on limitations and exclusions) other than paragraph
				(7) thereof.
							(III)Section 6C
				(relating to extension of benefits).
							(IV)Section 6D
				(relating to continuation or conversion of coverage).
							(V)Section 6E
				(relating to discontinuance and replacement of policies).
							(VI)Section 7
				(relating to unintentional lapse).
							(VII)Section 8
				(relating to disclosure), other than sections 8F, 8G, 8H, and 8I
				thereof.
							(VIII)Section 11
				(relating to prohibitions against post-claims underwriting).
							(IX)Section 12
				(relating to minimum standards).
							(X)Section 13
				(relating to requirement to offer inflation protection).
							(XI)Section 25
				(relating to prohibition against preexisting conditions and probationary
				periods in replacement policies or certificates).
							(XII)The provisions
				of section 26 relating to contingent nonforfeiture benefits, if the
				policyholder declines the offer of a nonforfeiture provision described in
				paragraph (4).
							(ii)Model
				ActThe following requirements of the model Act:
							(I)Section 6C
				(relating to preexisting conditions).
							(II)Section 6D
				(relating to prior hospitalization).
							(III)The provisions
				of section 8 relating to contingent nonforfeiture benefits, if the policyholder
				declines the offer of a nonforfeiture provision described in paragraph
				(4).
							(B)DefinitionsFor
				purposes of this paragraph—
						(i)Model
				provisionsThe terms
				model regulation and model Act mean the long-term
				care insurance model regulation, and the long-term care insurance model Act,
				respectively, promulgated by the National Association of Insurance
				Commissioners (as adopted as of December 31, 2008).
						(ii)CoordinationAny
				provision of the model regulation or model Act listed under clause (i) or (ii)
				of subparagraph (A) shall be treated as including any other provision of such
				regulation or Act necessary to implement the provision.
						(iii)DeterminationFor
				purposes of this section and section 4980C, the determination of whether any
				requirement of a model regulation or the model Act has been met shall be made
				by the
				Secretary.
						.
			(b)Excise
			 taxParagraph (1) of section 4980C(c) of the Internal Revenue
			 Code of 1986 (relating to requirements of model provisions) is amended to read
			 as follows:

					(1)Requirements of
				model provisions
						(A)Model
				regulationThe following
				requirements of the model regulation must be met:
							(i)Section 9
				(relating to required disclosure of rating practices to consumer).
							(ii)Section 14
				(relating to application forms and replacement coverage).
							(iii)Section 15
				(relating to reporting requirements).
							(iv)Section 22
				(relating to filing requirements for marketing).
							(v)Section 23
				(relating to standards for marketing), including inaccurate completion of
				medical histories, other than paragraphs (1), (6), and (9) of section
				23C.
							(vi)Section 24
				(relating to suitability).
							(vii)Section 29
				(relating to standard format outline of coverage).
							(viii)Section 30
				(relating to requirement to deliver shopper's guide).
							The
				requirements referred to in clause (vi) shall not include those portions of the
				personal worksheet described in Appendix B relating to consumer protection
				requirements not imposed by section 4980C or 7702B.(B)Model
				ActThe following requirements of the model Act must be
				met:
							(i)Section 6F
				(relating to right to return).
							(ii)Section 6G
				(relating to outline of coverage).
							(iii)Section 6H
				(relating to requirements for certificates under group plans).
							(iv)Section 6J
				(relating to policy summary).
							(v)Section 6K
				(relating to monthly reports on accelerated death benefits).
							(vi)Section 7
				(relating to incontestability period).
							(C)DefinitionsFor
				purposes of this paragraph, the terms model regulation and
				model Act have the meanings given such terms by section
				7702B(g)(2)(B).
						.
			(c)Effective
			 dateThe amendments made by this section shall apply to policies
			 issued after December 31, 2008.