117 S1996 IS: Greater Leadership Overseas for the Benefit of Equality Act of 2021
U.S. Senate
2021-06-09
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.

II117th CONGRESS1st SessionS. 1996IN THE SENATE OF THE UNITED STATESJune 9, 2021Mr. Markey (for himself, Mrs. Shaheen, Mr. Merkley, Mr. Leahy, Mr. Van Hollen, Mr. Blumenthal, Mr. Wyden, Mr. Cardin, Mr. Durbin, Mr. Booker, Mr. Murphy, Ms. Klobuchar, Mr. Padilla, Mr. Whitehouse, Mr. Schatz, Mr. Casey, Mr. Coons, Ms. Baldwin, Mrs. Murray, Ms. Stabenow, Ms. Smith, Ms. Rosen, and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes.1.Short titles; table of contents(a)Short titlesThis Act may be cited as the Greater Leadership Overseas for the Benefit of Equality Act of 2021 or the GLOBE Act of 2021.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short titles; table of contents.Sec. 2. Findings.Sec. 3. Definitions.Sec. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad.Sec. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people.Sec. 6. Combating international criminalization of LGBTQI status, expression, or conduct.Sec. 7. Foreign assistance to protect human rights of LGBTQI people.Sec. 8. Global health inclusivity.Sec. 9. Immigration reform.Sec. 10. Issuance of passports and guarantee of citizenship to certain children born abroad.Sec. 11. Engaging international organizations in the fight against LGBTQI discrimination.Sec. 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts.2.FindingsCongress finds the following:(1)The norms of good governance, human rights protections, and the rule of law have been violated unconscionably with respect to LGBTQI people in an overwhelming majority of countries around the world, where LGBTQI people face violence, hatred, bigotry, and discrimination because of who they are and who they love.(2)In at least 68 countries (almost 40 percent of countries in the world), same-sex relations and relationships are criminalized. Many countries also criminalize or otherwise prohibit cross-dressing and gender-affirming treatments for transgender individuals.(3)The World Bank has begun to measure the macro-economic costs of criminal laws targeting LGBTQI individuals through lost productivity, detrimental health outcomes and violence, as a step toward mitigating those costs.(4)Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Country Human Rights Reports to Congress. These reports continue to show a clear pattern of human rights violations, including murder, rape, torture, death threats, extortion, and imprisonment, in every region of the world based on sexual orientation and gender identity. In many instances police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTQI citizens.(5)As documented by the Department of State, LGBTQI individuals are subjected in many countries to capricious imprisonment, loss of employment, housing, access to health care, and societal stigma and discrimination. LGBTQI-specific restrictions on basic freedoms of assembly, press, and speech exist in every region of the world.(6)Targeted sanctions are an important tool to push for accountability for violations of the human rights of LGBTQI people.(7)Anti-LGBTQI laws and discrimination pose significant risks for LGBTQI youth who come out to their family or community and often face rejection, homelessness, and limited educational and economic opportunities. These factors contribute to increased risks of substance abuse, suicide, and HIV infection among LGBTQI youth.(8)Anti-LGBTQI laws also increase global health risks. Studies have shown that when LGBTQI people (especially LGBTQI youth) face discrimination, they are less likely to seek HIV testing, prevention, and treatment services.(9)LGBTQI populations are disproportionately impacted by the Mexico City Policy, also widely referred to as the global gag rule. LGBTQI people often receive much of their health care through reproductive health clinics, and organizations that cannot comply with the policy are forced to discontinue work on United States-supported global health projects that are frequently used by LGBTQI populations, including HIV prevention and treatment, stigma reduction, and research.(10)Because they face tremendous discrimination in the formal labor sector, many sex workers are also LGBTQI individuals, and many sex-worker-led programs and clinics serve the LGBTQI community with safe, non-stigmatizing, medical and social care. The United States Agency for International Development has also referred to sex workers as a most-at-risk population. The anti-prostitution loyalty oath that health care providers receiving United States assistance must take isolates sex-worker-led and serving groups from programs and reinforces stigma, undermining both the global AIDS response and human rights. A 2013 Supreme Court opinion held this requirement to be unconstitutional as it applies to United States nongovernmental organizations and their foreign affiliates.(11)According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, there were at least 350 cases of reported killings of trans and gender-diverse people between October 2019 and September 2020.(12)In many countries, intersex individuals experience prejudice and discrimination because their bodies do not conform to general expectations about sex and gender. Because of these expectations, medically unnecessary interventions are often performed in infancy without the consent or approval of intersex individuals, in violation of international human rights standards.(13)Asylum and refugee protection are critical last-resort protections for LGBTQI individuals, but those who seek such protections face ostracization and abuse in refugee camps and detention facilities. They are frequently targeted for violence, including sexual assault, in refugee camps and in immigration detention. LGBTQI individuals may be segregated against their will for long periods in solitary confinement, in an effort to protect them from such violence, but prolonged solitary confinement itself represents an additional form of abuse that is profoundly damaging to the social and psychological well-being of any individual.(14)The global COVID–19 pandemic has exacerbated inequalities faced by LGBTQI individuals, including access to health care, stigma, and discrimination, undermining LGBTQI rights around the world.(15)In December 2011, President Barack Obama directed all Federal foreign affairs agencies to ensure that their diplomatic, humanitarian, health and foreign assistance programs take into account the needs of marginalized LGBTQI communities and persons.(16)In 2015, the Department of State established the position of Special Envoy for the Human Rights of LGBTQI Persons.(17)In 2021, President Joseph Biden issued the Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World, which stated that it shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics and called for United States global leadership in the cause of advancing the human rights of LGBTQI+ persons around the world.(18)In 2020, in Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) prohibits discrimination on the basis of gender identity and sexual orientation. On January 20, 2021, President Biden issued Executive Order 13988 (86 Fed. Reg. 7023) to enforce this holding, which orders all Federal agency heads, including the Secretary of State and the Administrator of the United States Agency for International Development, to review agency actions to determine what additional steps should be taken to ensure that agency policies are consistent with the nondiscrimination policy set forth in the Executive order.(19)The use of United States diplomatic tools, including the Department of State’s exchange and speaker programs, to address the human rights needs of marginalized communities has helped inform public debates in many countries regarding the protective responsibilities of any democratic government.(20)Inclusion of human rights protections for LGBTQI individuals in United States trade agreements, such as the Agreement between the United States of America, the United Mexican States, and Canada (commonly known as the USMCA) and trade preference programs, is intended—(A)to ensure a level playing field for United States businesses; and(B)to provide greater workplace protections overseas, compatible with those of the United States.(21)Engaging multilateral fora and international institutions is critical to impacting global norms and to broadening global commitments to fairer standards for the treatment of all people, including LGBTQI people. The United States must remain a leader in the United Nations system and has a vested interest in the success of that multilateral engagement.(22)Ongoing United States participation in the Equal Rights Coalition, which is a new intergovernmental coalition of more than 40 governments and leading civil society organizations that work together to protect the human rights of LGBTQI people around the world, remains vital to international efforts to respond to violence and impunity.(23)Those who represent the United States abroad, including our diplomats, development specialists and military, should reflect the diversity of our country and honor America’s call to equality, including through proud and open service abroad by LGBTQI Americans and those living with HIV.3.DefinitionsIn this Act:(1)Appropriate congressional committeesExcept as provided in section 5, the term appropriate congressional committees means—(A)the Committee on Foreign Relations of the Senate;(B)the Committee on the Judiciary of the Senate;(C)the Committee on Appropriations of the Senate;(D)the Committee on Foreign Affairs of the House of Representatives;(E)the Committee on the Judiciary of the House of Representatives; and(F)the Committee on Appropriations of the House of Representatives.(2)Gender identityThe term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3)LGBTQIThe term LGBTQI means lesbian, gay, bisexual, transgender, queer, or intersex. (4)Member of a vulnerable groupThe term member of a vulnerable group means an alien who—(A)is younger than 21 years of age or older than 60 years of age;(B)is pregnant;(C)identifies as lesbian, gay, bisexual, transgender, or intersex;(D)is victim or witness of a crime;(E)has filed a nonfrivolous civil rights claim in Federal or State court;(F)has a serious mental or physical illness or disability;(G)has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) to have a credible fear of persecution; or(H)has been determined by an immigration judge or by the Secretary of Homeland Security, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting, to be—(i)experiencing severe trauma; or (ii)a survivor of torture or gender-based violence.(5)Sexual orientationThe term sexual orientation means actual or perceived homosexuality, heterosexuality, or bisexuality.4.Documenting and responding to bias-motivated violence against LGBTQI people abroad(a)Information required To be included in annual country reports on human rights practices(1)Section 116Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended—(A)in paragraph (11)(C), by striking and at the end;(B)in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:(13)wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions..(2)Section 502BSection 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended—(A)by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and(B)by adding at the end the following:(k)Sexual orientation and gender identityThe report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions..(b)Review at diplomatic and consular posts(1)In generalIn preparing the annual country reports on human rights practices required under section 116 or 502B of the Foreign Assistance Act of 1961, as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to—(A)incidents of violence against LGBTQI people in the country in which such post is located;(B)an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or external actors; and(C)the response (whether public or private) of the personnel of such post with respect to such incidents.(2)Addressing bias-motivated violenceThe Secretary of State shall include in the annual strategic plans of the regional bureaus concrete diplomatic strategies, programs, and policies to address bias-motivated violence using information obtained pursuant to paragraph (1), such as programs to build capacity among civil society or governmental entities to document, investigate, and prosecute instances of such violence and provide support to victims of such violence.(c)Interagency group(1)EstablishmentThere is established an interagency group on responses to urgent threats to LGBTQI people in foreign countries (referred to in this subsection as the interagency group), which—(A)shall be chaired by the Secretary of State; and (B)shall include the Secretary of Defense, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Attorney General, and the head of each other Federal department or agency that the President determines is relevant to the duties of the interagency group.(2)DutiesThe duties of the interagency group shall be—(A)to coordinate the responses of each participating agency with respect to threats directed towards LGBTQI populations in other countries;(B)to develop longer-term approaches to policy developments and incidents negatively impacting the LGBTQI populations in specific countries;(C)to advise the President on the designation of foreign persons for sanctions pursuant to section 5;(D)to identify United States laws and policies, at the Federal, State, and local levels, that affirm the equality of LGBTQI persons; and(E)to use such identified laws and policies to develop diplomatic strategies to share the expertise obtained from the implementation of such laws and policies with appropriate officials of countries where LGBTQI persons do not enjoy equal protection under the law.(d)Special envoy for the human rights of LGBTQI peoples(1)EstablishmentThe Secretary of State shall establish, in the Bureau of Democracy, Human Rights, and Labor of the Department of State, a permanent Special Envoy for the Human Rights of LGBTQI Peoples (referred to in this section as the Special Envoy), who—(A)shall be appointed by the President; and(B)shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor.(2)RankThe Special Envoy may be appointed at the rank of Ambassador.(3)PurposesThe Special Envoy shall—(A)direct the efforts of the United States Government relating to United States foreign policy, as directed by the Secretary, regarding—(i)human rights abuses against LGBTQI people and communities internationally; and (ii)the advancement of human rights for LGBTQI people; and (B)represent the United States internationally in bilateral and multilateral engagement on the matters described in subparagraph (A).(4)Duties(A)In generalThe Special Envoy—(i)shall serve as the principal advisor to the Secretary of State regarding human rights for LGBTQI people internationally;(ii)notwithstanding any other provision of law—(I)shall direct activities, policies, programs, and funding relating to the human rights of LGBTQI people and the advancement of LGBTQI equality initiatives internationally, for all bureaus and offices of the Department of State; and (II)shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters;(iii)shall represent the United States in diplomatic matters relevant to the human rights of LGBTQI people, including criminalization, discrimination, and violence against LGBTQI people internationally;(iv)shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally;(v)shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTQI people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally;(vi)shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTQI people and the development assistance priorities of the LGBTQI Coordinator of the United States Agency for International Development;(vii)shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally;(viii)shall ensure that—(I)programs, projects, and activities of the Department of State and the United States Agency for International Development designed to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally are subject to rigorous monitoring and evaluation; and (II)there is a uniform set of indicators and standards for such monitoring and evaluation that is used across international programs in Federal agencies; and(ix)is authorized to represent the United States in bilateral and multilateral fora on matters relevant to the human rights of LGBTQI people internationally, including criminalization, discrimination, and violence against LGBTQI people internationally.(5)Data repositoryThe Bureau of Democracy, Human Rights, and Labor—(A)shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally; and(B)shall produce—(i)a full accounting of United States Government spending on such programs, projects, and activities; and(ii)evaluations of the effectiveness of such programs, projects, and activities.(e)Training at international law enforcement academiesThe President shall ensure that any international law enforcement academy supported by United States assistance shall provide training with respect to the rights of LGBTQI people, including through specialized courses highlighting best practices in the documentation, investigation and prosecution of bias-motivated hate crimes targeting persons based on actual or perceived sexual orientation, gender identity, or sex characteristics.5.Sanctions on individuals responsible for violations of human rights against LGBTQI people(a)DefinitionsIn this section:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Committee on Armed Services of the Senate;(B)the Committee on Foreign Relations of the Senate;(C)the Committee on Homeland Security and Governmental Affairs of the Senate;(D)the Committee on the Judiciary of the Senate;(E)the Committee on Armed Services of the House of Representatives;(F)the Committee on Foreign Affairs of the House of Representatives;(G)the Committee on Homeland Security of the House of Representatives; and(H)the Committee on the Judiciary of the House of Representatives.(2)Foreign personThe term foreign person has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).(3)Immediate family memberThe term immediate family member has the meaning given such term for purposes of section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260).(4)PersonThe term person has the meaning given such term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).(b)In generalNot later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person the President determines, based on credible information, including information obtained by other countries or by nongovernmental organizations that monitor violations of human rights—(1)is responsible for or complicit in, with respect to persons based on actual or perceived sexual orientation, gender identity, or sex characteristics—(A)cruel, inhuman, or degrading treatment or punishment;(B)prolonged detention without charges and trial;(C)causing the disappearance of such persons by the abduction and clandestine detention of such persons; or(D)other flagrant denial of the right to life, liberty, or the security of such persons;(2)acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or(3)is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1).(c)Form; updates; removal(1)FormThe list required under subsection (b) shall be submitted in unclassified form and published in the Federal Register without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, except that the President may include a foreign person in a classified, unpublished annex to such list if the President—(A)determines that—(i)such annex is vital for the national security interests of the United States; and(ii)the use of such annex, and the inclusion of such person in such annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in the conduct described in subsection (b) in order to increase accountability for such conduct; and(B)not later than 15 days before including such person in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in such annex despite the existence of any publicly available credible information indicating that each such foreign person engaged in an activity described in subsection (b).(2)UpdatesThe President shall submit to the appropriate congressional committees an update of the list required under subsection (b) as new information becomes available.(3)RemovalA foreign person may be removed from the list required under subsection (b) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of such person from such list that—(A)credible information exists that such person did not engage in the activity for which the person was included in such list;(B)such person has been prosecuted appropriately for the activity in which such person engaged; or(C)such person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which such person engaged, and has credibly committed to not engage in an activity described in subsection (b).(d)Public submission of informationThe President shall issue public guidance, including through United States diplomatic and consular posts, setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required under subsection (b) may be submitted to the Department of State for evaluation.(e)Requests from chair and ranking member of appropriate congressional committees(1)Consideration of informationIn addition to the guidance issued pursuant to subsection (d), the President shall also consider information provided by the Chair or Ranking Member of each of the appropriate congressional committees in determining whether to include a foreign person in the list required under subsection (b).(2)RequestsNot later than 120 days after receiving a written request from the Chair or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being included in the list required under subsection (b), the President shall respond to such Chair or Ranking Member, as the case may be, with respect to the President’s determination relating to such foreign person.(3)RemovalIf the President removes a foreign person from the list required under subsection (b) that had been included in such list pursuant to a request under paragraph (2), the President shall provide to the relevant Chair or Ranking Member of one of the appropriate congressional committees any information that contributed to such decision.(4)FormThe President may submit the response required under paragraph (2) or paragraph (3) in classified form if the President determines that such form is necessary for the national security interests of the United States.(f)Inadmissibility of certain individuals(1)Ineligibility for visas and admission to the United StatesA foreign person on the list required under subsection (b), and each immediate family member of such person, is—(A)inadmissible to the United States;(B)ineligible to receive a visa or other documentation to enter the United States; and(C)otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).(2)Current visas revoked(A)In generalThe issuing consular officer or the Secretary of State, (or a designee of the Secretary of State), in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke any visa or other entry documentation issued to a foreign person on the list required under subsection (b), and any visa or other entry documentation issued to any immediate family member of such person, regardless of when the visa or other entry documentation is issued.(B)Effect of revocationA revocation under subparagraph (A) shall—(i)take effect immediately; and(ii)automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.(C)RulemakingNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this subsection.(D)Exception to comply with international obligationsSanctions under this subsection shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.(3)Sense of Congress with respect to additional sanctionsIt is the sense of Congress that the President should impose additional targeted sanctions with respect to foreign persons on the list required under subsection (b) to push for accountability for flagrant denials of the right to life, liberty, or the security of the person, through the use of designations and targeted sanctions provided for such conduct under other existing authorities.(4)Waivers in the interest of national security(A)In generalThe President may waive the application of paragraph (1) or (2) with respect to a foreign person included in the list required under subsection (b) if the President determines, and submits to the appropriate congressional committees notice of, and justification for, such determination, that such a waiver—(i)is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or(ii)is in the national security interests of the United States.(B)Timing of certain waiversA waiver pursuant to a determination under subparagraph (A)(ii) shall be submitted not later than 15 days before the granting of such waiver.(g)Report to CongressNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of State, shall submit a report to the appropriate congressional committees that describes—(1)the actions taken to carry out this section, including—(A)the number of foreign persons added to or removed from the list required under subsection (b) during the year immediately preceding each such report;(B)the dates on which such persons were added or removed;(C)the reasons for adding or removing such persons; and(D)an analysis that compares increases or decreases in the number of such persons added or removed year-over-year and the reasons for such increases or decreases; and(2)any efforts by the President to coordinate with the governments of other countries, as appropriate, to impose sanctions that are similar to the sanctions imposed under this section.6.Combating international criminalization of LGBTQI status, expression, or conduct(a)Annual strategic reviewThe Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall include, during the course of annual strategic planning, an examination of—(1)the progress made in countries around the world toward the decriminalization of the status, expression, and conduct of LGBTQI individuals;(2)the obstacles that remain toward achieving such decriminalization; and (3)the strategies available to the Department of State and the United States Agency for International Development to address such obstacles.(b)ElementsThe examination described in subsection (a) shall include—(1)an examination of the full range of criminal and civil laws of other countries that disproportionately impact communities of LGBTQI individuals or apply with respect to the conduct of LGBTQI individuals;(2)in consultation with the Attorney General, a list of countries in each geographic region with respect to which—(A)the Attorney General, acting through the Office of Overseas Prosecutorial Development Assistance and Training of the Department of Justice, shall prioritize programs seeking—(i)to decriminalize the status, expression, and conduct of LGBTQI individuals;(ii)to monitor the trials of those prosecuted because of such status, expression, or conduct; and(iii)to reform related laws having a discriminatory impact on LGBTQI individuals;(B)applicable speaker or exchange programs sponsored by the United States Government shall bring together civil society and governmental leaders—(i)to promote the recognition of LGBTQI rights through educational exchanges in the United States; and (ii)to support better understanding of the role that governments and civil societies mutually play in assurance of equal treatment of LGBTQI populations abroad.7.Foreign assistance to protect human rights of LGBTQI people(a)Sense of Congress It is the sense of Congress that the full implementation of Executive Order 13988 (86 Fed. Reg. 7023; January 20, 2021) and the holding in Bostock v. Clayton County requires that United States foreign assistance and development organizations adopt the policy that no contractor, grantee, or implementing partner administering United States assistance for any humanitarian, development, or global health programs may discriminate against any employee or applicant for employment because of their gender identity or sexual orientation. (b)Global Equality Fund(1)In generalThe Secretary of State shall establish a fund, to be known as the Global Equality Fund, to be managed by the Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, consisting of such sums as may be appropriated to provide grants, emergency assistance, and technical assistance to eligible civil society organizations and human rights defenders working to advance and protect human rights for all including LGBTQI persons, by seeking—(A)to ensure the freedoms of assembly, association, and expression;(B)to protect persons or groups against the threat of violence, including medically unnecessary interventions performed on intersex infants;(C)to advocate against laws that—(i)criminalize LGBTQI status, expression, or conduct; or (ii)discriminate against individuals on the basis of sexual orientation, gender identity, or sex characteristics;(D)to end explicit and implicit forms of discrimination in the workplace, housing, education, and other public institutions or services; and(E)to build community awareness and support for the human rights of LGBTQI persons.(2)ContributionsThe Secretary of State may accept financial and technical contributions, through the Global Equality Fund, from corporations, bilateral donors, foundations, nongovernmental organizations, and other entities supporting the outcomes described in paragraph (1).(3)PrioritizationIn providing assistance through the Global Equality Fund, the Secretary of State shall ensure due consideration and appropriate prioritization of assistance to groups that have historically been excluded from programs undertaken for the outcomes described in paragraph (1).(c)LGBTQI global development partnershipThe Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish a partnership, to be known as the LGBTQI Global Development Partnership, to leverage the financial and technical contributions of corporations, bilateral donors, foundations, nongovernmental organizations, and universities to support the human rights and development of LGBTQI persons around the world by supporting programs, projects, and activities—(1)to strengthen the capacity of LGBTQI leaders and civil society organizations;(2)to train LGBTQI leaders to effectively participate in democratic processes and lead civil institutions;(3)to conduct research to inform national, regional, or global policies and programs; and(4)to promote economic empowerment through enhanced LGBTQI entrepreneurship and business development.(d)ConsultationIn coordinating programs, projects, and activities through the Global Equality Fund or the Global Development Partnership, the Secretary of State shall consult, as appropriate, with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies.(e)ReportThe Secretary of State shall submit to the appropriate congressional committees an annual report on the work of, successes obtained, and challenges faced by the Global Equality Fund and the LGBTQI Global Development Partnership established in accordance with this section.(f)Limitation on assistance relating to equal access(1)In generalNone of the amounts authorized to be appropriated or otherwise made available to provide United States assistance for any humanitarian, development, or global health programs may be made available to any contractor, grantee, or implementing partner, unless such recipient—(A)ensures that the program, project, or activity funded by such amounts are made available to all elements of the population, except to the extent that such program, project, or activity targets a population because of the higher assessed risk of negative outcomes among such populations;(B)undertakes to make every reasonable effort to ensure that each subcontractor or subgrantee of such recipient will also adhere to the requirement described in subparagraph (A); and(C)agrees to return all amounts awarded or otherwise provided by the United States, including such additional penalties as the Secretary of State may determine to be appropriate, if the recipient is not able to adhere to the requirement described in subparagraph (A).(2)Quarterly reportThe Secretary of State shall provide to the appropriate congressional committees a quarterly report on the methods by which the Department of State monitors compliance with the requirement under paragraph (1)(A).(g)Office of Foreign AssistanceThe Secretary of State, acting through the Director of the Office of Foreign Assistance, shall—(1)monitor the amount of foreign assistance obligated and expended on programs, projects, and activities relating to LGBTQI people; and (2)provide the results of the indicators tracking such expenditure, upon request, to the Organization for Economic Co-Operation and Development.8.Global health inclusivity(a)In generalThe Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall—(1)develop mechanisms to ensure that the President’s Emergency Plan for AIDS Relief (PEPFAR) is implemented in a way that equitably serves LGBTQI people in accordance with the goals described in section 7(f), including by requiring all partner entities receiving assistance through PEPFAR to receive training on the health needs of and human rights standards relating to LGBTQI people; and (2)promptly notify Congress of any obstacles encountered by a foreign government or contractor, grantee, or implementing partner in the effort to equitably implement PEPFAR as described in such subsection, including any remedial steps taken by the Coordinator to overcome such obstacles.(b)Report on international prosecutions for sex work or consensual sexual activityNot later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the manner in which commodities, such as condoms provided by programs, projects, or activities funded through PEPFAR or other sources of United States assistance, have been used as evidence to arrest, detain, or prosecute individuals in other countries in order to enforce domestic laws criminalizing sex work or consensual sexual activity.(c)Report on HIV/AIDS-Related index testingNot later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the impact of partner notification services and index testing on treatment adherence, intimate partner violence, and exposure to the criminal justice system for key populations, including LGBTQI people and sex workers, using qualitative and quantitative data.(d)Report on impact of global gag ruleNot later than 180 days after the date of the enactment of this Act, the Government Accountability Office shall submit a report to the appropriate congressional committees that describes the impact, as of the date of the submission of the report, on the implementation and enforcement of any iteration of the Mexico City Policy on the global LGBTQI community.(e)Conforming amendments(1)PEPFAR authorizationSection 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7631) is amended—(A)by striking subsections (d) through (f); and(B)by redesignating subsection (g) as subsection (d).(2)Allocation of funds by the global aids coordinatorSection 403(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673(a)) is amended—(A)in paragraph (1)—(i)by striking shall— and all that follows through (A) provide and inserting shall provide;(ii)by striking ; and and inserting a period; and(iii)by striking subparagraph (B); and(B)in paragraph (2)—(i)by striking Prevention strategy.— and all that follows through In carrying out paragraph (1), the and inserting Prevention strategy.—The; and(ii)by striking subparagraph (B).(3)TVPA authorizationSection 113 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7110) is amended—(A)by striking subsection (g); and(B)by redesignating subsections (h) and (i) as subsections (g) and (h), respectively.9.Immigration reform(a)Refugees and asylum seekers(1)LGBTQI social groupSection 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following: For purposes of determinations under this Act, a person who has been persecuted on the basis of sexual orientation or gender identity shall be deemed to have been persecuted on account of membership in a particular social group and a person who has a well founded fear of persecution on the basis of sexual orientation or gender identity shall be deemed to have a well founded fear of persecution on account of membership in a particular social group..(2)Annual reportSection 103(e)(2) of the Immigration and Nationality Act (8 U.S.C. 1103(e)) is amended—(A)by striking information on the number and inserting the following: “information on—(A)the number; and(B)by striking the period at the end and inserting the following: “; and(B)the total number of applications for asylum and refugee status received that are, in whole or in part, based on persecution or a well founded fear of persecution on account of sexual orientation or gender identity, and the rate of approval administratively of such applications..(3)Asylum filing deadline repeal(A)In generalSection 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended—(i)by striking subparagraph (B);(ii)by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively;(iii)in subparagraph (C), as redesignated—(I)by striking notwithstanding subparagraphs (B) and (C) and inserting notwithstanding subparagraph (B);(II)by striking either; and(III)by striking or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B); and(iv)in subparagraph (D), as redesignated, by striking Subparagraphs (A) and (B) and inserting Subparagraph (A).(B)ApplicationThe amendments made by subparagraph (A) shall apply to applications for asylum filed before, on, or after the date of the enactment of this Act.(b)Permanent partnersSection 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended—(1)in paragraph (35), by inserting includes any permanent partner, but before does not include; and(2)by adding at the end the following:(53)The term marriage includes a permanent partnership.(54)The term permanent partner means an individual who is 18 years of age or older and who—(A)is in a committed, intimate relationship with another individual who is 18 years of age or older, in which both parties intend a lifelong commitment;(B)is financially interdependent with the other individual;(C)is not married to anyone other than the other individual;(D)is a national of or, in the case of a person having no nationality, last habitually resided in a country that prohibits marriage between the individuals; and(E)is not a first-, second-, or third-degree blood relation of the other individual.(55)The term permanent partnership means the relationship that exists between 2 permanent partners..(c)Counsel(1)Appointment of counselSection 240(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)) is amended—(A)in subparagraph (B), by striking and at the end;(B)in subparagraph (C), by striking the period at the end and inserting , and; and(C)by adding at the end the following:(D)notwithstanding subparagraph (A), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for such proceedings..(2)Right to counselSection 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended—(A)by inserting (a) before In any;(B)by striking he and inserting the person; and(C)by adding at the end the following:(b)Notwithstanding subsection (a), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for the proceedings described in subsection (a).(c)In an interview relating to admission under section 207, an alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose..(d)Refugee admissions of LGBTQI aliens from certain countries(1)In generalAliens who are nationals of or, in the case of aliens having no nationality, last habitually resided in a country that fails to protect against persecution on the basis of sexual orientation or gender identity, and who share common characteristics that identify them as targets of persecution on account of sexual orientation or gender identity, are eligible for Priority 2 processing under the refugee resettlement priority system.(2)Resettlement processing(A)In generalIf a refugee admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) discloses information to an employee or contractor of the Bureau of Population, Refugees, and Migration of the Department of State regarding the refugee’s sexual orientation or gender identity, the Secretary of State, with the refugee’s consent, shall provide such information to the appropriate national resettlement agency—(i)to prevent the refugee from being placed in a community in which the refugee is likely to face continued discrimination; and (ii)to place the refugee in a community that offers services to meet the needs of the refugee.(B)Defined termThe term national resettlement agency means an agency contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States.(e)Training program(1)Training programIn order to create an environment in which an alien may safely disclose such alien’s sexual orientation or gender identity, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish a training program for staff and translators who participate in the interview process of aliens seeking asylum or status as a refugee.(2)Components of training programThe training program described in paragraph (1) shall include instruction regarding—(A)appropriate word choice and word usage;(B)creating safe spaces and facilities for LGBTQI aliens;(C)confidentiality requirements; and(D)nondiscrimination policies.(f)Limitation on detention(1)Presumption of release(A)In generalExcept as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, the Secretary of Homeland Security—(i)may not detain an alien who is a member of a vulnerable group under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) pending a decision with respect to whether the alien is to be removed from the United States; and(ii)shall immediately release any detained alien who is a member of a vulnerable group.(B)ExceptionsThe Secretary of Homeland Security may detain, pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), an alien who is a member of a vulnerable group if the Secretary makes a determination, using credible and individualized information, that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings, or that the alien is a threat to another person or to the community. The fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the detention of the alien.(C)RemovalIf detention is the least restrictive means of effectuating the removal from the United States of an alien who is a member of a vulnerable group, the subject of a final order of deportation or removal, and not detained under subparagraph (B), the Secretary of Homeland Security may, solely for the purpose of such removal, detain the alien for a period that is—(i)the shortest possible period immediately preceding the removal of the alien from the United States; and(ii)not more than 5 days.(2)Weekly review required(A)In generalNot less frequently than weekly, the Secretary of Homeland Security shall conduct an individualized review of any alien detained pursuant to paragraph (1)(B) to determine whether the alien should continue to be detained under such paragraph.(B)ReleaseNot later than 24 hours after the date on which the Secretary makes a determination under subparagraph (A) that an alien should not be detained under paragraph (1)(B), the Secretary shall release the detainee.(g)Protective custody for LGBTQI alien detainees(1)DetaineesAn LGBTQI alien who is detained pursuant to subparagraph (B) or (C) of subsection (f)(1) may not be placed in housing that is segregated from the general population unless—(A)the alien requests placement in such housing for the protection of the alien; or(B)the Secretary of Homeland Security determines, after assessing all available alternatives, that there is no available alternative means of separation from likely abusers.(2)Placement factorsIf an LGBTQI alien is placed in segregated housing pursuant to paragraph (1), the Secretary of Homeland Security shall ensure that such housing—(A)includes non-LGBTQI aliens, to the extent practicable; and(B)complies with any applicable court order for the protection of LGBTQI aliens.(3)Protective custody requestsIf a detained LGBTQI alien requests placement in segregated housing for the protection of such alien, the Secretary of Homeland Security shall grant such request.(h)Sense of CongressIt is the sense of Congress that the Secretary of Homeland Security should hire a sufficient number of Refugee Corps officers for refugee interviews to be held within a reasonable period of time and adjudicated not later than 180 days after a request for Priority 2 consideration is filed.10.Issuance of passports and guarantee of citizenship to certain children born abroad(a)Sex identification markersThe Secretary of State, through any appropriate regulation, manual, policy, form, or other updates, shall ensure that an applicant may self-select the sex designation (including a non-binary or neutral designation, such as X) on any identity document issued by the Department of State that displays sex information, including passports and consular reports of birth abroad.(b)Guarantee of citizenship to children born abroad using assistive reproduction technologyNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue regulations clarifying that no biological connection between a parent and a child is required for a child to acquire citizenship at birth from a United States citizen parent under subsections (c), (d), (e), and (g) of section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) if such parent is recognized as the legal parent of the child from birth under the local law at the place of birth or under United States law.11.Engaging international organizations in the fight against LGBTQI discrimination(a)Sense of CongressIt is the sense of Congress that—(1)the United States should be a leader in efforts by the United Nations to ensure that human rights norms, development principles, and political rights are fully inclusive of LGBTQI people;(2)United States leadership within international financial institutions, such as the World Bank and the regional development banks, should be used to ensure that the programs, projects, and activities undertaken by such institutions are fully inclusive of all people, including LGBTQI people; and(3)the Secretary of State should seek appropriate opportunities to encourage the equal treatment of LGBTQI people during discussions with or participation in the full range of regional, multilateral, and international fora, such as the Organization of American States, the Organization for Security and Cooperation in Europe, the European Union, the African Union, and the Association of South East Asian Nations.(b)Action through the Equal Rights CoalitionThe Secretary of State shall promote diplomatic coordination through the Equal Rights Coalition, established in July 2016 at the Global LGBTQI Human Rights Conference in Montevideo, Uruguay, and other multilateral mechanisms, to achieve the goals and outcomes described in subsection (a).12.Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts(a)Sense of CongressRecognizing the importance of a diverse workforce in the representation of the United States abroad and in support of sound personnel staffing policies, it is the sense of Congress that the Secretary of State should—(1)prioritize efforts to ensure that foreign governments do not impede the assignment of LGBTQI United States citizens and their families to diplomatic and consular posts;(2)open conversations with entities in the United States private sector that engage in business in other countries to the extent necessary to address any visa issues faced by such private sector entities with respect to their LGBTQI employees; and(3)prioritize efforts to improve post and post school information for LGBTQI employees and employees with LGBTQI family members.(b)Remedies for family visa denial(1)In generalThe Secretary of State shall use all appropriate diplomatic efforts to ensure that the families of LGBTQI employees of the Department of State are issued visas from countries where such employees are posted.(2)List requiredNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress—(A)a classified list of each country that has refused to grant accreditation to LGBTQI employees of the Department of State or to their family members during the most recent 2-year period; and(B)a description of the actions taken or intended to be taken by the Secretary, in accordance with paragraph (1), to ensure that LGBTQI employees are appointed to appropriate positions in accordance with diplomatic needs and personnel qualifications, including actions specifically relating to securing the accreditation of the families of such employees by relevant countries.(c)Improving post information and overseas environment for LGBTQI adults and children(1)In generalThe Secretary of State shall ensure that LGBTQI employees and employees with LGBTQI family members have adequate information to pursue overseas postings, including country environment information for adults and children.(2)Nondiscrimination policies for United States Government-supported schoolsThe Secretary shall make every effort to ensure schools abroad that receive assistance and support from the United States Government under programs administered by the Office of Overseas Schools of the Department of State have active and clear nondiscrimination policies, including policies relating to sexual orientation and gender identity impacting LGBTQI children of all ages.(3)Required information for LGBTQI childrenThe Secretary shall ensure that information focused on LGBTQI children of all ages (including transgender and gender nonconforming students) is included in post reports, bidding materials, and Office of Overseas Schools reports, databases, and adequacy lists.


115 S3597 IS: Protecting Child Trafficking Victim Witnesses Act
U.S. Senate
2018-10-11
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.

		II
		115th CONGRESS1st Session
		S. 3597
		IN THE SENATE OF THE UNITED STATES

			October 11, 2018
			Mr. Heller introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To strengthen protections for child trafficking victims testifying against human traffickers.

		1.Short title
 This Act may be cited as the Protecting Child Trafficking Victim Witnesses Act.
 2.Victim-centered protocolsNot later than 180 days after the date of the enactment of this Act, the Attorney General shall issue guidance directing Federal prosecutors to institute victim-centered protocols to strengthen protections for child trafficking victims testifying against human traffickers.
 3.Training for Federal prosecutorsSubsection (c)(1)(B) of the Combat Human Trafficking Act of 2015 (42 U.S.C. 14044g(c)(1)(B)) is amended— (1)by striking training on seeking restitution and inserting the following: “training on—

 (i)seeking restitution; (2)by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:  (ii)specific, victim-centered protocols to strengthen protections for child trafficking victims testifying against human traffickers, including training to minimize the need for child trafficking victim witnesses..
 4.Additional uses for victim-centered child human trafficking deterrence block grantSection 203(b)(1) of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20703(b)(1)) is amended— (1)in subparagraph (D), by striking and at the end;
 (2)in subparagraph (E), by adding and at the end; and (3)by adding at the end the following:

 (F)strengthen protections for child trafficking victims testifying against human traffickers, including training to minimize the need for child trafficking victim witnesses..


116 HR 1091 IH: To clarify certain land descriptions under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005.
U.S. House of Representatives
2019-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1091IN THE HOUSE OF REPRESENTATIVESFebruary 7, 2019Mr. O'Halleran introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo clarify certain land descriptions under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005.
1.Clarification relating to a certain land description under the northern arizona land exchange and verde river basin partnership act of 2005Section 104(a)(5) of the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005 (Public Law 109–110; 119 Stat. 2356) is amended by inserting before the period at the end , which, notwithstanding section 102(a)(4)(B), includes the N 1/2 NE 1/4 SW 1/4 SW 1/4 , the N 1/2 N 1/2 SE 1/4 SW 1/4 , and the N 1/2 N 1/2 SW 1/4 SE 1/4 , sec. 34, Township 22 North, Range 2 East, Gila and Salt River Meridian, Coconino County, Arizona, comprising approximately 25 acres.


109 HR 2310 IH: To suspend temporarily the duty on 1,4-Benzenedicarboxylic Acid, Polymer With N,N´-Bis(2-Aminoethyl)–1,2-Ethanediamine, Cyclized, Me Sulfates.
U.S. House of Representatives
2005-05-11
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.

I
109th CONGRESS 1st Session
H. R. 2310
IN THE HOUSE OF REPRESENTATIVES

May 11, 2005
Mr. Wilson of South Carolina introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on 1,4-Benzenedicarboxylic Acid, Polymer With N,N´-Bis(2-Aminoethyl)–1,2-Ethanediamine, Cyclized, Me Sulfates.

1.1,4-Benzenedicarboxylic Acid, Polymer With N,N´-Bis(2-Aminoethyl)-1,2-Ethanediamine, Cyclized, Me Sulfates
(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:

9902.08.04 1,4-Benzenedicarboxylic Acid, Polymer With N,N´-Bis(2-Aminoethyl)-1,2-Ethanediamine, Cyclized, Me Sulfates (CAS No. 68187–22–4) (provided for in subheading 3908.90.70)FreeNo changeNo changeOn or before 12/31/2008.
(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.


		II
		110th CONGRESS
		1st Session
		S. 1124
		IN THE SENATE OF THE UNITED
		  STATES

			April 17, 2007
			Mr. Levin (for himself
			 and Mr. Coleman) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986
		  to simplify, modernize, and improve public notice of and access to tax lien
		  information by providing for a national, Internet accessible, filing system for
		  Federal tax liens, and for other purposes.

		1.Short title; amendment of 1986
			 Code
			(a)Short titleThis Act may be cited as the
			 Tax Lien Simplification
			 Act.
			(b)Amendment of 1986 CodeExcept as otherwise expressly provided,
			 whenever in this Act an amendment or repeal is expressed in terms of an
			 amendment to, or repeal of, a section or other provision, the reference shall
			 be considered to be made to a section or other provision of the Internal
			 Revenue Code of 1986.
			2.Findings and purpose
			(a)FindingsCongress makes the following
			 findings:
				(1)The present decentralized system for filing
			 Federal tax liens in local property offices, which was established before the
			 advent of modern computers, the Internet, and e-government programs, is
			 inefficient, burdensome, and expensive.
				(2)Current technology permits the creation of
			 a centralized Federal tax lien filing system which can provide for enhanced
			 public notice of and access to accurate tax lien information in a manner that
			 is more efficient, more timely, and less burdensome than the existing tax lien
			 filing system; which would expedite the release of liens; and which would be
			 less expensive for both taxpayers and users.
				(b)PurposeThe purpose of this Act is to simplify and
			 modernize the process for filing notices of Federal tax liens, to improve
			 public access to tax lien information, and to save taxpayer dollars by
			 establishing a nationwide, Internet accessible, and fully searchable filing
			 system for Federal tax liens which would replace the current system of local
			 tax lien filings.
			3.National tax lien filing system
			(a)Filing of notice of lienSubsection (f) of section 6323 (relating to
			 validity and priority against certain persons) is amended to read as
			 follows:

					(f)Filing of notice; form
						(1)Filing of noticeThe notice referred to in subsection (a)
				shall be filed in the national Federal tax lien registry established under
				subsection (k). The filing of a notice of lien, or a certificate of release,
				discharge, subordination, or nonattachment of lien, in the national Federal tax
				lien registry shall be effective for purposes of determining lien priority
				regardless of the nature or location of the property interest to which the lien
				attaches.
						(2)FormThe form and content of the notice referred
				to in subsection (a) shall be prescribed by the Secretary. Such notice shall be
				valid notwithstanding any other provision of law regarding the form or content
				of a notice of lien.
						(3)Other national filing systemsThe filing of a notice of lien shall be
				governed by this title and shall not be subject to any other Federal law
				establishing a place or places for the filing of liens or encumbrances under a
				national filing
				system.
						.
			(b)Refiling of noticeParagraph (2) of section 6323(g) (relating
			 to refiling of notice) is amended to read as follows:

					(2)RefilingA notice of lien may be refiled in the
				national Federal tax lien registry established under subsection
				(k).
					.
			(c)Release of tax liens or discharge of
			 property
				(1)In generalSection 6325(a) (relating to release of
			 lien) is amended by inserting , and shall cause the certificate of
			 release to be filed in the national Federal tax lien registry established under
			 section 6323(k), after internal revenue tax.
				(2)Release of tax liens expedited from 30 to
			 10 daysSection 6325(a)
			 (relating to release of lien) is amended by striking not later than 30
			 days and inserting not later than 10 days.
				(3)Discharge of property from
			 lienSection 6325(b)
			 (relating to discharge of property) is amended—
					(A)by inserting , and shall cause the
			 certificate of discharge to be filed in the national Federal tax lien registry
			 established under section 6323(k), after under this
			 chapter in paragraph (1),
					(B)by inserting , and shall cause the
			 certificate of discharge to be filed in such national Federal tax lien
			 registry, after property subject to the lien in
			 paragraph (2),
					(C)by inserting , and shall cause the
			 certificate of discharge to be filed in such national Federal tax lien
			 registry, after property subject to the lien in
			 paragraph (3), and
					(D)by inserting , and shall cause the
			 certificate of discharge of property to be filed in such national Federal tax
			 lien registry, after certificate of discharge of such
			 property in paragraph (4).
					(4)Discharge of property from estate or gift
			 tax lienSection 6325(c)
			 (relating to estate or gift tax) is amended by inserting , and shall
			 cause the certificate of discharge to be filed in the national Federal tax lien
			 registry established under section 6323(k), after imposed by
			 section 6324.
				(5)Subordination of lienSection 6325(d) (relating to subordination
			 of lien) is amended by inserting , and shall cause the certificate of
			 subordination to be filed in the national Federal tax lien registry established
			 under section 6323(k), after subject to such
			 lien.
				(6)Nonattachment of lienSection 6325(e) (relating to nonattachment
			 of lien) is amended by inserting , and shall cause the certificate of
			 nonattachment to be filed in the national Federal tax lien registry established
			 under section 6323(k), after property of such
			 person.
				(7)Effect of certificateParagraphs (1) and (2)(B) of section
			 6325(f) (relating to effect of certificate) are each amended by striking
			 in the same office as the notice of lien to which it relates is filed
			 (if such notice of lien has been filed) and inserting in the
			 national Federal tax lien registry established under section
			 6323(k).
				(8)Release following administrative
			 appealSection 6326(b)
			 (relating to certificate of release) is amended—
					(A)by striking and shall
			 include and insert , shall include, and
					(B)by inserting , and shall cause the
			 certificate of release to be filed in the national Federal tax lien registry
			 established under section 6323(k), after
			 erroneous.
					(9)Conforming amendmentsSection 6325 is amended by striking
			 subsection (g) and by redesignating subsection (h) as subsection (g).
				(d)National Federal tax lien registry
				(1)In generalSection 6323 is amended by adding at the
			 end the following new subsection:

						(k)National registryThe national Federal tax lien registry
				referred to in subsection (f)(1) shall be established and maintained by the
				Secretary and shall be accessible to and searchable by the public through the
				Internet at no cost to access or search. The registry shall identify the
				taxpayer to whom the Federal tax lien applies and reflect the date and time the
				notice of lien was filed, and shall be made searchable by, at a minimum,
				taxpayer name, the State of the taxpayer’s address as shown on the notice of
				lien, the type of tax, and the tax period, and, when the Secretary determines
				it is feasible, by property. The registry shall also provide for the filing of
				certificates of release, discharge, subordination, and nonattachment of Federal
				tax liens, as authorized in sections 6325 and 6326, and may provide for
				publishing such other documents or information with respect to Federal tax
				liens as the Secretary may by regulation
				provide.
						.
				(2)Administrative actionThe Secretary of the Treasury shall issue
			 regulations or other guidance providing for the maintenance and use of the
			 national Federal tax lien registry established under section 6323(k) of the
			 Internal Revenue Code of 1986. The Secretary of the Treasury shall take
			 appropriate steps to secure and prevent tampering with the data recorded
			 therein. Prior to implementation of such registry, the Secretary of the
			 Treasury shall review the information currently provided in public lien filings
			 and determine whether any such information should be excluded or protected from
			 public viewing in such registry.
				(e)Transition rulesThe Secretary of the Treasury may by
			 regulation prescribe for the continued filing of notices of Federal tax lien in
			 the offices of the States, counties and other governmental subdivisions after
			 December 31, 2008, for an appropriate period to permit an orderly transition to
			 the national Federal tax lien registry established under section 6323(k) of the
			 Internal Revenue Code of 1986.
			(f)Effective
			 dateThe amendments made by
			 this section shall apply to notices of lien filed after December 31, 2008. The
			 national Federal tax lien registry (established under section 6323(k) of the
			 Internal Revenue Code of 1986) shall be made operational as of January 1, 2009,
			 whether or not the Secretary of the Treasury has promulgated final regulations
			 establishing such registry.


		II
		109th CONGRESS
		2d Session
		S. 2763
		IN THE SENATE OF THE UNITED
		  STATES

			May 8, 2006
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  ethanol.

		1.Short titleThis Act may be cited as the
			 Ethanol Fuel Supply Act of
			 2006.
		2.Ethanol
			(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:

								9902.05.36Ethyl
						alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mixture
						containing such ethyl alcohol (provided for in heading 2710 or 3824) if such
						ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of
						gasoline and alcohol, a mixture of a special fuel and alcohol, or any other
						mixture to be used as fuel (including motor fuel provided for in subheading
						2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such
						usesFreeNo changeNo changeOn or before
						10/1/2006

					.
			(b)Effective
			 DateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.
			(c)Effect on
			 Heading 9901.00.50Heading
			 9901.00.50 of the Harmonized Tariff Schedule of the United States is amended in
			 the effective period column, by inserting or during any period during
			 which heading 9902.05.36 is in effect after is not in
			 effect.


115 HR 3640 IH: Department of Veterans Affairs Information Technology Restructuring Act of 2017
U.S. House of Representatives
2017-08-01
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
		115th CONGRESS1st Session
		H. R. 3640
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2017
			Mr. Ratcliffe introduced the following bill; which was referred to the Committee on Veterans' Affairs

		A BILL
		To amend title 38, United States Code, to establish within the Office of the Under Secretary for
			 Health of the Department of Veterans Affairs the position of Chief
			 Information Officer of the Veterans Health Administration, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Department of Veterans Affairs Information Technology Restructuring Act of 2017. 2.Establishment of position of Chief Information Officer of Veterans Health Administration (a)In generalSection 7306(a) of title 38, United States Code, is amended—
 (1)by redesignating paragraph (10) as paragraph (11); and (2)by inserting after paragraph (9) the following new paragraph (10):

 (10)The Chief Information Officer of the Veterans Health Administration, who shall— (A)serve in a full-time capacity at the Central Office of the Department; and
 (B)be responsible to, and report directly to, the Under Secretary for Health on all matters regarding the procurement, acquisition, and management of information technology systems and services for the Veterans Health Administration..
 (b)Initial appointmentNot later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall appoint an individual to serve as the Chief Information Officer of the Veterans Health Administration under section 7306(a)(10) of title 38, United States Code, as amended by subsection (a).


		II
		Calendar No. 309
		112th CONGRESS
		2d Session
		S. 2064
		IN THE SENATE OF THE UNITED STATES

			February 2, 2012
			Mr. DeMint (for himself
			 and Mr. Lee) introduced the following
			 bill; which was read the first time

			February 6, 2012
			Read the second time and placed on the
			 calendar

		A BILL
		To amend the Internal Revenue Code of 1986 to terminate
		  certain energy tax subsidies and lower the corporate income tax
		  rate.

		1.Short title; table of
			 contents; etc
			(a)Short
			 titleThis Act may be cited
			 as the Energy Freedom and Economic Prosperity Act .
			(b)Reference to
			 1986 CodeExcept as otherwise
			 expressly provided, whenever in this Act an amendment or repeal is expressed in
			 terms of an amendment to, or repeal of, a section or other provision, the
			 reference shall be considered to be made to a section or other provision of the
			 Internal Revenue Code of 1986.
			(c)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents; etc.
					Title I—Repeal of energy tax subsidies
					Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and
				alternative fuel mixtures.
					Sec. 102. Repeal of credit for certain plug-in electric
				vehicles.
					Sec. 103. Early termination of credit for qualified fuel cell
				motor vehicles.
					Sec. 104. Repeal of alternative fuel vehicle refueling property
				credit.
					Sec. 105. Repeal of credit for alcohol used as
				fuel.
					Sec. 106. Repeal of credit for biodiesel and renewable diesel
				used as fuel.
					Sec. 107. Repeal of enhanced oil recovery credit.
					Sec. 108. Termination of credit for electricity produced from
				certain renewable resources.
					Sec. 109. Repeal of credit for producing oil and gas from
				marginal wells.
					Sec. 110. Termination of credit for production from advanced
				nuclear power facilities.
					Sec. 111. Repeal of credit for carbon dioxide
				sequestration.
					Sec. 112. Termination of energy credit.
					Sec. 113. Repeal of qualifying advanced coal
				project.
					Sec. 114. Repeal of qualifying gasification project
				credit.
					Sec. 115. Repeal of American Recovery and Reinvestment Act of
				2009 energy grant program.
					Title II—Reduction of corporate income tax rate
					Sec. 201. Corporate income tax rate reduced.

			IRepeal of energy
			 tax subsidies
			101.Repeal of
			 credit for alcohol fuel, biodiesel, and alternative fuel mixtures
				(a)In
			 generalSection 6426 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subparagraph (D)
			 of section 6427(e)(6) of such Code is amended by striking September 30,
			 2014 and inserting September 30, 2012.
					(2)Paragraph (1) of
			 section 4101(a) is amended by striking or alcohol (as defined in section
			 6426(b)(4)(A).
					(3)Paragraph (2) of
			 section 4104(a) is amended by striking 6426, or 6427(e).
					(4)Subparagraph (E)
			 of section 7704(d)(1) is amended—
						(A)by inserting
			 (as in effect on the day before the date of the enactment of the Energy
			 Freedom and Economic Prosperity Act) after of section
			 6426, and
						(B)by inserting
			 (as so in effect) after section
			 6426(b)(4)(A).
						(5)Paragraph (1) of
			 section 9503(b) is amended by striking the second sentence.
					(c)Clerical
			 amendmentThe table of sections for subchapter B of chapter 65 is
			 amended by striking the item relating to section 6426.
				(d)EffectiveThe amendments made by this section shall
			 apply with respect to fuel sold and used after December 31, 2012.
				102.Repeal of
			 credit for certain plug-in electric vehicles
				(a)In
			 generalSection 30 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Paragraph (3) of section 24(b) is amended
			 by striking , 30.
					(2)Clause (ii) of
			 section 25(e)(1)(C) is amended by striking , 30.
					(3)Paragraph (2) of
			 section 25B(g) is amended by striking , 30.
					(4)Paragraph (1) of
			 section 26(a) is amended by striking , 30.
					(5)Subclause (VI) of section 48C(c)(1)(A)(i)
			 is amended by inserting (as in effect on the day before the date of the
			 enactment of the Energy Freedom and Economic Prosperity Act) after
			 section 30(d).
					(6)Paragraph (3) of
			 section 179A(c) is amended by inserting (as in effect on the day before
			 the date of the enactment of the Energy Freedom and Economic Prosperity
			 Act) after section 30(c).
					(7)Subsection (a) of
			 section 1016 is amended by striking paragraph (25) and by redesignating
			 paragraphs (26) through (37) as paragraphs (25) through (36),
			 respectively.
					(8)Subsection (m) of
			 section 6501 is amended by striking 30(e)(6).
					(c)Clerical
			 amendmentThe table of sections for subpart B of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 30.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2011.
				103.Early
			 termination of credit for qualified fuel cell motor vehicles
				(a)In
			 generalSection 30B is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subparagraph (A) of section 24(b)(3) is
			 amended by striking , 30B.
					(2)Clause (ii) of
			 section 25(e)(1)(C) is amended by striking , 30B.
					(3)Paragraph (2) of
			 section 25B(g) is amended by striking , 30B,.
					(4)Paragraph (1) of
			 section 26(a) is amended by striking , 30B.
					(5)Subsection (b) of
			 section 38 is amended by striking paragraph (25).
					(6)Subsection (a) of
			 section 1016, as amended by section 102 of this Act, is amended by striking
			 paragraph (33) and by redesignating paragraphs (34), (35), and (36) as
			 paragraphs (33), (34), and (35), respectively.
					(7)Paragraph (2) of
			 section 1400C(d) is amended by striking , 30B.
					(8)Subsection (m) of
			 section 6501 is amended by striking , 30B(h)(9).
					(c)Clerical
			 amendmentThe table of sections for subpart B of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 30B.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				104.Repeal of
			 alternative fuel vehicle refueling property credit
				(a)In
			 generalSection 30C is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subsection (b) of
			 section 38 is amended by striking paragraph (26).
					(2)Paragraph (3) of section 55(c) is amended
			 by striking , 30C(d)(2),.
					(3)Subsection (a) of
			 section 1016, as amended by sections 102 and 103 of this Act, is amended by
			 striking paragraph (33) and by redesignating paragraph (34) and (35) as
			 paragraphs (33) and (34), respectively.
					(4)Subsection (m) of
			 section 6501 is amended by striking , 30C(e)(5).
					(c)Clerical
			 amendmentThe table of sections for subpart B of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 30C.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				105.Repeal of
			 credit for alcohol used as fuel
				(a)In
			 generalSection 40 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subsection (b) of section 38 is amended by
			 striking paragraph (3).
					(2)Subsection (c) of
			 section 196 is amended by striking paragraph (3) and by redesignating
			 paragraphs (4) through (14) as paragraphs (3) through (13),
			 respectively.
					(3)Paragraph (1) of
			 section 4101(a) is amended by striking , and every person producing
			 cellulosic biofuel (as defined in section 40(b)(6)(E)).
					(4)Paragraph (1) of
			 section 4104(a) is amended by striking , 40.
					(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 40.
				(d)Effective
			 dateThe amendments made by this section shall apply to fuel sold
			 or used after December 31, 2012.
				106.Repeal of
			 credit for biodiesel and renewable diesel used as fuel
				(a)In
			 generalSection 40A is
			 repealed.
				(b)Conforming
			 amendment
					(1)Subsection (b) of section 38 is amended by
			 striking paragraph (17).
					(2)Section 87 is
			 repealed.
					(3)Subsection (c) of
			 section 196, as amended by section 106 of this Act, is amended by striking
			 paragraph (11) and by redesignating paragraphs (11), (12), and (13) as
			 paragraphs (10), (11), and (12), respectively.
					(4)Paragraph (1) of
			 section 4101(a) is amended by striking , every person producing or
			 importing biodiesel (as defined in section 40A(d)(1).
					(5)Paragraph (1) of section 4104(a) is amended
			 by striking , and 40A.
					(6)Subparagraph (E)
			 of section 7704(d)(1) is amended by inserting (as so in effect)
			 after section 40A(d)(1).
					(c)Clerical
			 amendments
					(1)The table of
			 sections for subpart D of part IV of subchapter A of chapter 1 is amended by
			 striking the item relating to section 40A.
					(2)The table of
			 sections for part II of subchapter A of chapter 1 is amended by striking the
			 item relating to section 87.
					(d)Effective
			 dateThe amendments made by this section shall apply to fuel
			 produced, and sold or used, after December 31, 2011.
				107.Repeal of
			 enhanced oil recovery credit
				(a)In
			 generalSection 43 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subsection (b) of
			 section 38 is amended by striking paragraph (6).
					(2)Paragraph (4) of
			 section 45Q(d) is amended by inserting (as in effect on the day before
			 the date of the enactment of the Energy Freedom and Economic Prosperity
			 Act) after section 43(c)(2).
					(3)Subsection (c) of
			 section 196, as amended by sections 106 and 107 of this Act, is amended by
			 striking paragraph (5) and by redesignating paragraphs (6) through (12) as
			 paragraphs (5) through (11), respectively.
					(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 43.
				(d)Effective
			 dateThe amendments made by this section shall apply to costs
			 paid or incurred in taxable years beginning after December 31, 2012.
				108.Termination of
			 credit for electricity produced from certain renewable resources
				(a)In
			 generalSubsection (d) of
			 section 45 is amended—
					(1)by striking
			 2013 in paragraph (1) and inserting 2012,
			 and
					(2)by striking
			 2014 each place it appears in paragraphs (2), (3), (4), (6),
			 (7), (9), and (11) and inserting 2012.
					(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				109.Repeal of
			 credit for producing oil and gas from marginal wells
				(a)In
			 generalSection 45I is
			 repealed.
				(b)Conforming
			 amendmentSubsection (b) of section 38 is amended by striking
			 paragraph (19).
				(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 45I.
				(d)Effective
			 dateThe amendments made by this section shall apply to
			 production in taxable years beginning after December 31, 2012.
				110.Termination of
			 credit for production from advanced nuclear power facilities
				(a)In
			 generalSubparagraph (B) of
			 section 45J(d)(1) is amended by striking January 1, 2021 and
			 inserting January 1, 2013.
				(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				111.Repeal of
			 credit for carbon dioxide sequestration
				(a)In
			 generalSection 45Q is
			 repealed.
				(b)Conforming
			 amendmentSubsection (b) of section 38 is amended by striking
			 paragraph (34).
				(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 45Q.
				(d)Effective
			 dateThe amendments made by this section shall apply to carbon
			 dioxide captured after December 31, 2012.
				112.Termination of
			 energy credit
				(a)In
			 generalSection 48 is
			 amended—
					(1)by striking
			 January 1, 2017 each place it appears and inserting
			 January 1, 2013,
					(2)by striking
			 December 31, 2016 each place it appears and inserting
			 December 31, 2012, and
					(3)by striking
			 2012, or 2013 in subsection (a)(5)(C)(ii) and inserting
			 or 2012.
					(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				113.Repeal of
			 qualifying advanced coal project
				(a)In
			 generalSection 48A is
			 repealed.
				(b)Conforming
			 amendmentSection 46 is amended by striking paragraph (3) and by
			 redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5),
			 respectively.
				(c)Clerical
			 amendmentThe table of sections for subpart E of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 48A.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				114.Repeal of
			 qualifying gasification project credit
				(a)In
			 generalSection 48B is
			 repealed.
				(b)Conforming
			 amendmentSection 46, as amended by this Act, is amended by
			 striking paragraph (3) and by redesignating paragraphs (4) and (5) as
			 paragraphs (3) and (4), respectively.
				(c)Clerical
			 amendmentThe table of
			 sections for subpart E of part IV of subchapter A of chapter 1 is amended by
			 striking the item relating to section 48B.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				115.Repeal of
			 American Recovery and Reinvestment Act of 2009 energy grant program
				(a)In
			 generalSection 1603 of
			 division B of the American Recovery and Reinvestment Act of 2009 is
			 repealed.
				(b)Effective
			 dateThe amendment made by this section shall apply to property
			 placed in service after December 31, 2011.
				IIReduction of
			 corporate income tax rate
			201.Corporate
			 income tax rate reduced
				(a)In
			 generalNot later than 1 year
			 after the date of the enactment of this Act, the Secretary of the Treasury
			 shall prescribe proportionate modifications to each of the rates of tax under
			 paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 such
			 that—
					(1)the decrease in
			 revenue to the Treasury for taxable years beginning during the 10-year period
			 beginning on the date of the enactment of this Act, as estimated by the
			 Secretary, is equal to
					(2)the increase in
			 revenue for such taxable years by reason of the amendments made by title I of
			 this Act, as estimated by the Secretary.
					The
			 appropriate corresponding changes shall be made to the dollar amounts contained
			 in the last 2 sentences of section 11(b)(1) of such Code and to the rates of
			 tax under section 11(b)(2) of such Code, section 1201(a) of such Code, and
			 paragraphs (1), (2), and (6) of section 1445(e) of such Code.(b)Effective
			 dateThe rates prescribed by the Secretary under subsection (a)
			 shall apply to taxable years beginning more than 1 year after the date of the
			 enactment of this Act.

		February 6, 2012
		Read the second time and placed on the
		  calendar


114 HR 2759 IH: Mental Health Access Improvement Act of 2015
U.S. House of Representatives
2015-06-12
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
		114th CONGRESS
		1st Session
		H. R. 2759
		IN THE HOUSE OF REPRESENTATIVES

			June 12, 2015
			Mr. Gibson (for himself and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family
			 therapist services and mental health counselor services under part B of
			 the Medicare program, and for other purposes.

 1.Short titleThis Act may be cited as the Mental Health Access Improvement Act of 2015. 2.Coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program (a)Coverage of Services (1)In generalSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended—
 (A)in subparagraph (EE), by striking and after the semicolon at the end; (B)in subparagraph (FF), by inserting and after the semicolon at the end; and
 (C)by adding at the end the following new subparagraph:  (GG)marriage and family therapist services (as defined in subsection (iii)(1)) and mental health counselor services (as defined in subsection (iii)(3));.
 (2)DefinitionsSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:  (iii)Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor(1)The term marriage and family therapist services means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services.
 (2)The term marriage and family therapist means an individual who— (A)possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law;
 (B)after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and
 (C)in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State.
 (3)The term mental health counselor services means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services.
 (4)The term mental health counselor means an individual who— (A)possesses a master’s or doctor’s degree in mental health counseling or a related field;
 (B)after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and
 (C)in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State..
 (3)Provision for payment under part BSection 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause:  (v)marriage and family therapist services (as defined in section 1861(iii)(1)) and mental health counselor services (as defined in section 1861(iii)(3));.
 (4)Amount of paymentSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended— (A)by striking and (Z) and inserting (Z); and
 (B)by inserting before the semicolon at the end the following: , and (AA) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L).
					(5)Exclusion of marriage and family therapist services and mental health counselor services from
 skilled nursing facility prospective payment systemSection 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting marriage and family therapist services (as defined in section 1861(iii)(1)), mental health counselor services (as defined in section 1861(iii)(3)), after qualified psychologist services,.
				(6)Inclusion of marriage and family therapists and mental health counselors as practitioners for
 assignment of claimsSection 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses:  (vii)A marriage and family therapist (as defined in section 1861(iii)(2)).
 (viii)A mental health counselor (as defined in section 1861(iii)(4)).. (b)Coverage of Certain Mental Health Services Provided in Certain Settings (1)Rural health clinics and federally qualified health centersSection 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking or by a clinical social worker (as defined in subsection (hh)(1)) and inserting , by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (iii)(2)), or by a mental health counselor (as defined in subsection (iii)(4)).
 (2)Hospice programsSection 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting , marriage and family therapist, or mental health counselor after social worker. (c)Authorization of marriage and family therapists and mental health counselors To develop discharge plans for post-Hospital servicesSection 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting , including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary before the period at the end.
 (d)Effective DateThe amendments made by this section shall apply with respect to services furnished on or after January 1, 2016.