[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3485 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 3485
_______________________________________________________________________
AN ACT
To impose sanctions on foreign persons responsible for violations of
internationally recognized human rights against lesbian, gay, bisexual,
transgender, queer and intersex (LGBTQI) individuals, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Respect Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The dignity, freedom, and equality of all human beings
are fundamental to a thriving global community.
(2) The rights to life, liberty, and security of the
person, the right to privacy, and the right to freedom of
expression and association are fundamental human rights.
(3) An alarming trend of violence directed at LGBTQI
individuals around the world continues.
(4) Approximately one-third of all countries have laws
criminalizing consensual same-sex relations, and many have
enacted policies or laws that would further target LGBTQI
individuals.
(5) Every year thousands of individuals around the world
are targeted for harassment, attack, arrest, and murder on the
basis of their sexual orientation or gender identity.
(6) Those who commit crimes against LGBTQI individuals
often do so with impunity, and are not held accountable for
their crimes.
(7) In many instances police, prison, military, and
civilian government authorities have been directly complicit in
abuses aimed at LGBTQI citizens, including arbitrary arrest,
torture, and sexual abuse.
(8) Celebrations of LGBTQI individuals and communities,
such as film festivals, Pride events, and demonstrations are
often forced underground due to inaction on the part of, or
harassment by, local law enforcement and government officials,
in violation of freedoms of assembly and expression.
(9) Laws criminalizing consensual same-sex relations
severely hinder access to HIV/AIDS treatment, information, and
preventive measures for LGBTQI individuals and families.
(10) Many countries are making positive developments in the
protection of the basic human rights of LGBTQI individuals.
SEC. 3. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN
RIGHTS AGAINST LGBTQI PEOPLE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and biannually thereafter, the President shall
transmit 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) torture or 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; or
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1).
(b) Form; Updates; Removal.--
(1) Form.--The list required by subsection (a) shall be
transmitted in unclassified form and published in the Federal
Register, except that the President may include a foreign
person in a classified, unpublished annex to such list if the
President--
(A) determines that--
(i) it is vital for the national security
interests of the United States to do so; 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
(a) 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 (a).
(2) Updates.--The President shall transmit to the
appropriate congressional committees an update of the list
required by subsection (a) as new information becomes
available.
(3) Removal.--A foreign person may be removed from the list
required by subsection (a) 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) new, credible information is discovered
confirming that such person did not in fact 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 (a).
(c) Public Submission of Information.--The 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
by subsection (a) may be submitted to the Department of State for
evaluation.
(d) Requests From Chair and Ranking Member of Appropriate
Congressional Committees.--
(1) Consideration of information.--In addition to the
guidance issued pursuant to subsection (c), 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 by subsection (a).
(2) Requests.--Not 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 by subsection (a), the President shall transmit a
response to such Chair or Ranking Member, as the case may be,
with respect to the President's determination relating to such
foreign person.
(3) Removal.--If the President removes from the list
required by subsection (a) a foreign person 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 the appropriate congressional committees any
information that contributed to such decision.
(4) Form.--The President may transmit a response required
by paragraph (2) or paragraph (3) in classified form if the
President determines that it is necessary for the national
security interests of the United States to do so.
(e) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--A foreign person on the list required by subsection
(a), 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 general.--The Secretary of State, or the
Secretary of Homeland Security (or a designee of one
such Secretaries) shall, in accordance with section
221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry documentation
issued to a foreign person on the list required by
subsection (a) and to each immediate family member of
such person regardless of when the visa or other entry
documentation is issued.
(B) Effect of revocation.--A 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.
(3) Sense of congress with respect to additional
sanctions.--It is the sense of Congress that the President
should impose additional targeted sanctions with respect to
foreign persons on the list required by subsection (a) 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) Exceptions.--
(A) Exception with respect to national security.--
This section shall not apply with respect to--
(i) activities subject to the reporting
requirements under title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.);
or
(ii) any authorized intelligence or law
enforcement activities of the United States.
(B) Exception to comply with international
obligations.--Sanctions under paragraphs (1) and (2)
shall not apply with respect to a person if admitting
or paroling the 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.
(C) Exception for certain immediate family
members.--
(i) In general.--A covered individual shall
not be subject to sanctions under this section
if the President certifies to the appropriate
congressional committees, in accordance with
clause (ii), that such individual has a
reasonable fear of persecution based on--
(I) actual or perceived sexual
orientation, gender identity, or sex
characteristics;
(II) race, religion, or
nationality; or
(III) political opinion or
membership in a particular social
group.
(ii) Determination and certification.--A
certification under clause (i) shall be made
not later than 30 days after the date of the
determination required by such clause. Any
proceedings relating to such determination
shall not be publicly available.
(iii) Covered individual.--For purposes of
this subparagraph, the term ``covered
individual'' means an individual who is an
immediate family member of foreign person on
the list required by subsection (a).
(5) Waiver.--The President may waive the application of
sanctions or restrictions imposed with respect to a foreign
person under this section if the President certifies to the
appropriate congressional committees, not later than 15 days
before such waiver is to take effect, that the waiver is vital
to the national interest of the United States.
(f) Report to Congress.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the President,
acting through the Secretary of State, shall submit to the appropriate
congressional committees a report on--
(1) the actions taken to carry out this section,
including--
(A) the number of foreign persons added to or
removed from the list required by subsection (a) during
the year preceding each such report, the dates on which
such persons were so added or removed, and the reasons
for so adding or removing such persons; and
(B) an analysis that compares increases or
decreases in the number of such persons added or
removed year-over-year and the reasons therefor; 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.
(g) Form; Publication.--The report required by subsection (f) shall
be submitted in unclassified form but may include a classified annex.
The unclassified portion of such report shall be published on a
publicly available website of the Department of State.
(h) Report on Prevention.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report describing steps the
Department can take to improve coordination with foreign governments,
civil society groups, and the private sector, to prevent the commission
of the human rights violations described in section 3(a)(1) against
persons based on actual or perceived sexual orientation, gender
identity, or sex characteristics.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
the Judiciary of the Senate.
(2) Immediate family member.--The term ``immediate family
member'' has the meaning given such term for purposes of
section 7031(c) of division K of the Consolidated
Appropriations Act, 2021.
(j) Rule of Construction.--Nothing in this section may be construed
to allow the imposition of sanctions with respect to, or otherwise
authorize any other action against, any foreign person based solely
upon religious belief.
SEC. 4. DISCRIMINATION RELATED TO SEXUAL ORIENTATION, GENDER IDENTITY,
OR SEX CHARACTERISTICS.
(a) Tracking Violence or Criminalization Related to Sexual
Orientation or Gender Identity.--The Assistant Secretary of State for
Democracy, Human Rights, and Labor shall designate one or more Bureau-
based senior officer or officers who shall be responsible for tracking
violence, criminalization, and restrictions on the enjoyment of
fundamental freedoms in foreign countries based on actual or perceived
sexual orientation, gender identity, or sex characteristics.
(b) Annual Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' after
the semicolon at the end;
(B) in paragraph (12)--
(i) in subparagraph (B), by striking
``and'' after the semicolon at the end; and
(ii) in subparagraph (C)(ii), by striking
the period at the end and inserting ``; and'';
and
(C) by adding at the end the following new
paragraph:
``(13) wherever applicable, information relating to
violence or discrimination that affects fundamental freedoms,
including widespread or systematic violation of the freedoms of
expression, association, or assembly, of individuals in foreign
countries that is based on actual or perceived sexual
orientation, gender identity, or sex characteristics.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following new sentence: ``Wherever
applicable, such report shall also include information relating
to violence or discrimination that affects the fundamental
freedoms, including widespread or systematic violation of the
freedoms of expression, association, or assembly, of
individuals in foreign countries that is based on actual or
perceived sexual orientation, gender identity, or sex
characteristics.''.
SEC. 5. STUDY REQUIRED.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of State shall submit to Congress a report that comprises
of sections from each regional bureau detailing past risks to LGBTQI
individuals, with a summary on the differences between regions with
respect to such risks.
Passed the House of Representatives February 9, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 3485
_______________________________________________________________________
AN ACT
To impose sanctions on foreign persons responsible for violations of
internationally recognized human rights against lesbian, gay, bisexual,
transgender, queer and intersex (LGBTQI) individuals, and for other
purposes.