[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3485 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 166
117th CONGRESS
  2d Session
                                H. R. 3485

                      [Report No. 117-224, Part I]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2021

 Mr. Cicilline (for himself, Mrs. Demings, Mr. Takano, Mr. Cooper, Mr. 
Peters, Mr. Kilmer, Ms. Bass, Mr. Welch, Ms. Pressley, Ms. Lois Frankel 
of Florida, Mr. Espaillat, Mr. McGovern, Ms. Schakowsky, Ms. McCollum, 
     Mr. Carbajal, Ms. Matsui, Mr. Costa, Ms. Garcia of Texas, Mr. 
Malinowski, Mr. Blumenauer, Ms. Wasserman Schultz, Mr. Pocan, Mr. Case, 
 Mr. Price of North Carolina, Ms. Norton, Ms. Tlaib, Miss Rice of New 
 York, Ms. Omar, Ms. Titus, Mr. Tonko, Mr. Langevin, Ms. Houlahan, Mr. 
 Evans, Mr. Soto, Ms. Manning, Mr. Lynch, Mr. Swalwell, Ms. Meng, Ms. 
   Dean, Mr. Sean Patrick Maloney of New York, Mr. Auchincloss, Mr. 
 Carson, Mr. Khanna, Mr. DeSaulnier, Mrs. Luria, Mr. Pallone, and Mr. 
   Pappas) 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

                            January 10, 2022

    Reported from the Committee on Foreign Affairs with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            January 10, 2022

Referral to the Committee on the Judiciary extended for a period ending 
                    not later than February 4, 2022


                            January 21, 2022

  Additional sponsors: Mr. Fitzpatrick, Ms. Williams of Georgia, Mr. 
  Meeks, Mr. Vargas, Mr. Schneider, Mrs. Watson Coleman, Mr. Danny K. 
  Davis of Illinois, Mr. Stanton, Ms. Roybal-Allard, Mr. Quigley, Ms. 
 Bonamici, Ms. Clark of Massachusetts, Mr. Gottheimer, Ms. Speier, Mr. 
Johnson of Georgia, Ms. Wild, Mr. Sires, Mr. Larson of Connecticut, Mr. 
  Kind, Mr. Keating, Mr. Lieu, Mr. Sherman, Mr. Castro of Texas, Mr. 
 Payne, Ms. Davids of Kansas, Ms. Chu, Mrs. Carolyn B. Maloney of New 
                     York, and Ms. Leger Fernandez

                            January 21, 2022

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 25, 
                                 2021]

_______________________________________________________________________

                                 A BILL


 
 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) 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).
    (b) Form; Updates; Removal.--
            (1) Form.--The list required by subsection (a) shall be 
        transmitted 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) 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) 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 (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 one 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 issuing consular officer or 
                the Secretary of State, (or a designee of the Secretary 
                of State) 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.
                    (C) Regulations required.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Secretary of State shall prescribe such regulations as 
                are necessary to carry out this subsection.
            (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) Waivers in the interest of national security.--
                    (A) In general.--The President may waive the 
                application of paragraph (1) or (2) with respect to a 
                foreign person included in the list required by 
                subsection (a) if the President determines and 
                transmits to the appropriate congressional committees 
                notice and justification, 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 waivers.--A waiver pursuant 
                to a determination under clause (ii) of subparagraph 
                (A) shall be transmitted not later than 15 days before 
                the granting of such waiver.
    (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) 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.

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 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, 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.''.
                                                 Union Calendar No. 166

117th CONGRESS

  2d Session

                               H. R. 3485

                      [Report No. 117-224, Part I]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                            January 21, 2022

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed