[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2491 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2491

  To impose sanctions with respect to foreign persons responsible for 
  gross violations of internationally recognized human rights against 
  lesbian, gay, bisexual, and transgender (LGBT) individuals, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2017

   Mr. Cicilline (for himself, Ms. Bonamici, Mr. Brendan F. Boyle of 
 Pennsylvania, Ms. Brownley of California, Ms. Clark of Massachusetts, 
 Mr. Connolly, Mr. Delaney, Ms. DelBene, Mr. Deutch, Mr. Ellison, Mr. 
Engel, Mr. Espaillat, Ms. Esty of Connecticut, Ms. Frankel of Florida, 
Mr. Gallego, Mr. Gutierrez, Mr. Hastings, Ms. Norton, Mr. Huffman, Ms. 
    Jackson Lee, Mr. Johnson of Georgia, Miss Rice of New York, Mr. 
 Keating, Ms. Kelly of Illinois, Mr. Kildee, Mr. Kilmer, Mr. Langevin, 
   Ms. Lee, Mr. Lowenthal, Mrs. Lowey, Mr. Lynch, Ms. McCollum, Mr. 
   McGovern, Mr. Moulton, Mr. Nadler, Mr. Pallone, Mr. Sean Patrick 
Maloney of New York, Mr. Peters, Ms. Pingree, Mr. Pocan, Ms. Rosen, Mr. 
 Rush, Mr. Ryan of Ohio, Ms. Sanchez, Ms. Schakowsky, Ms. Shea-Porter, 
   Mr. Sherman, Ms. Sinema, Mr. Sires, Mr. Smith of Washington, Ms. 
Speier, Mr. Takano, Ms. Titus, Mrs. Torres, Ms. Tsongas, Mr. Walz, Ms. 
Wasserman Schultz, Mr. Welch, and Mr. Yarmuth) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
    addition to the Committee on the Judiciary, 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 impose sanctions with respect to foreign persons responsible for 
  gross violations of internationally recognized human rights against 
  lesbian, gay, bisexual, and transgender (LGBT) 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 LGBT 
        individuals around the world continues.
            (4) More than one-third of all countries have laws 
        criminalizing consensual same-sex relations, and countries such 
        as Nigeria, Russia, Uganda, and Kyrgyzstan have recently 
        considered or passed legislation that would further target LGBT 
        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 LGBT individuals often 
        do so with impunity, and are not held accountable for their 
        crimes.
            (7) Homophobic and transphobic statements by government 
        officials in many countries in every region of the world 
        promote negative public attitudes and can lead to violence 
        toward LGBT individuals.
            (8) In many instances police, prison, military, and 
        civilian government authorities have been directly complicit in 
        abuses aimed at LGBT citizens, including arbitrary arrest, 
        torture, and sexual abuse.
            (9) Celebrations of LGBT 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.
            (10) Laws criminalizing consensual same-sex relations 
        severely hinder access to HIV/AIDS treatment, information, and 
        preventive measures for LGBT individuals and families.
            (11) Many countries are making positive developments in the 
        protection of the basic human rights of LGBT individuals.

SEC. 3. DEFINITIONS.

    In this Act:
            (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) Foreign person.--The term ``foreign person'' has the 
        meaning given that 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) Gross violations of internationally recognized human 
        rights.--The term ``gross violations of internationally 
        recognized human rights'' has the meaning given that term in 
        section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2304(d)(1)).
            (4) Person.--The term ``person'' has the meaning given that 
        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).
            (5) United states person.--The term ``United States 
        person'' has the meaning given that term in section 595.315 of 
        title 31, Code of Federal Regulations (as in effect on the day 
        before the date of the enactment of this Act).

SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS 
              VIOLATIONS OF HUMAN RIGHTS.

    (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 that the President determines, based on credible 
information--
            (1) is responsible for or complicit in torture or cruel, 
        inhuman, or degrading treatment or punishment, prolonged 
        detention without charges and trial, causing the disappearance 
        of persons by the abduction and clandestine detention of those 
        persons, and other flagrant denial of the right to life, 
        liberty, or the security of person based on actual or perceived 
        sexual orientation or gender identity;
            (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).
    (b) Updates.--The President shall transmit to the appropriate 
congressional committees an update of the list required by subsection 
(a) as new information becomes available.
    (c) Guidance Relating to Submission of Certain Information.--The 
Secretary of State shall issue public guidance, including through 
United States diplomatic and consular posts, relating to how names of 
foreign persons who may be included on the list required by subsection 
(a) may be submitted to the Department of State.
    (d) Form.--
            (1) In general.--The list required by subsection (a) shall 
        be transmitted in unclassified form.
            (2) Exception.--The name of a foreign person to be included 
        in the list required by subsection (a) may be transmitted in a 
        classified annex only if the President--
                    (A) determines that it is vital for the national 
                security interests of the United States to do so;
                    (B) uses the annex in a manner consistent with 
                congressional intent and the purposes of this Act; and
                    (C) not later than 15 days before transmitting the 
                name 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 the classified annex despite any publicly 
                available credible information indicating that the 
                foreign person engaged in an activity described in 
                paragraph (1) or (2) of subsection (a).
            (3) Consideration of certain information.--In preparing the 
        list required by subsection (a), the President shall consider--
                    (A) information provided by the Chairperson or 
                Ranking Member of each of the appropriate congressional 
                committees; and
                    (B) credible information obtained by other 
                countries and nongovernmental organizations that 
                monitor violations of human rights.
            (4) Public availability.--The unclassified portion of the 
        list required by subsection (a) shall be made available to the 
        public and published in the Federal Register.
    (e) Removal From List.--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 the foreign person from the list that--
            (1) credible information exists that the foreign person did 
        not engage in the activity for which the foreign person was 
        added to the list;
            (2) the foreign person has been prosecuted appropriately 
        for the activity in which the foreign person engaged; or
            (3) the foreign person has credibly demonstrated a 
        significant change in behavior, has paid an appropriate 
        consequence for the activities in which the foreign person 
        engaged, and has credibly committed to not engage in an 
        activity described in paragraph (1) or (2) of subsection (a).
    (f) Requests by Chairperson or Ranking Member of Appropriate 
Congressional Committees.--
            (1) In general.--Not later than 120 days after receiving a 
        written request from the Chairperson or Ranking Member of one 
        of the appropriate congressional committees with respect to 
        whether a foreign person meets the criteria for being added to 
        the list required by subsection (a), the President shall 
        transmit a response to that Chairperson or Ranking Member, as 
        the case may be, with respect to the status of the foreign 
        person at issue.
            (2) Form.--The President may transmit a response required 
        by paragraph (1) in classified form if the President determines 
        that it is necessary for the national security interests of the 
        United States to do so.
            (3) Removal.--
                    (A) In general.--If the President removes from the 
                list required by subsection (a) a foreign person that 
                has been placed on the list, the President shall 
                provide the Chairpersons and Ranking Members of the 
                appropriate congressional committees with any 
                information that contributed to such removal decision.
                    (B) Form of information.--The President may 
                transmit the information requested by subparagraph (A) 
                in classified form if the President determines that it 
                is necessary to the national security interests of the 
                United States to do so.
    (g) Nonapplicability of Confidentiality Requirement With Respect to 
Visa Records.--The President shall publish the list required by 
subsection (a) 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.

SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.

    (a) Ineligibility for Visas and Admission to the United States.--An 
individual who is a foreign person on the list required by section 4(a) 
is ineligible to receive a visa to enter the United States and 
ineligible to be admitted to the United States.
    (b) Current Visas Revoked and Removal From United States.--The 
Secretary of State shall revoke, in accordance with section 221(i) of 
the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or 
other documentation of an individual who would be ineligible to receive 
such a visa or documentation under subsection (a), and the Secretary of 
Homeland Security shall remove from the United States such an 
individual.
    (c) Waiver for National Security Interests.--
            (1) In general.--The Secretary of State and the Secretary 
        of Homeland Security, in consultation with the President, may 
        waive the application of subsection (a) or (b), as the case may 
        be, in the case of an individual if--
                    (A) the Secretaries determine 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; and
                    (B) before granting the waiver, the Secretaries 
                provide to the appropriate congressional committees 
                notice of, and a justification for, the waiver.
            (2) Timing for notice of certain waivers.--In the case of a 
        waiver under clause (ii), the Secretaries shall submit the 
        notice required by subparagraph (B) of such paragraph not later 
        than 15 days before granting the waiver.
    (d) Regulatory Authority.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State and the Secretary 
of Homeland Security shall prescribe such regulations as are necessary 
to carry out this section.

SEC. 6. 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 Act, including--
                    (A) the number of foreign persons added to or 
                removed from the list required by section 4(a) during 
                the year preceding each report, the dates on which 
                those persons were added or removed, and the reasons 
                for adding or removing those persons; and
                    (B) an analysis that compares increases or 
                decreases in the number of such persons year-over-year 
                and the reasons therefor; and
            (2) efforts by the executive branch to coordinate with the 
        governments of other countries to, as appropriate, impose 
        sanctions that are similar to the sanctions imposed under this 
        Act.

SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER 
              IDENTITY.

    (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 a 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 or gender identity.
    (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'' at 
                the end;
                    (B) in paragraph (12)--
                            (i) in subparagraph (B), by striking 
                        ``and'' 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, violence or discrimination that 
        affects the fundamental freedoms, including widespread or 
        systematic violation of the freedoms of expression, 
        association, or assembly of an individual in foreign countries 
        that is based on actual or perceived sexual orientation or 
        gender identity.''; 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 
        regarding violence or discrimination that affects the 
        fundamental freedoms, including widespread or systematic 
        violation of the freedoms of expression, association, or 
        assembly of an individual in foreign countries that is based on 
        actual or perceived sexual orientation or gender identity.''.
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