[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2277 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2277

  To impose sanctions with respect to foreign persons responsible for 
violations of the human rights of lesbian, gay, bisexual, transgender, 
       and intersex (LGBTI) individuals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2021

 Mrs. Shaheen (for herself, Mr. Markey, Mr. Wyden, Mr. Blumenthal, Mr. 
   Coons, Mr. Merkley, Mr. Portman, Mr. Murphy, Ms. Collins, and Ms. 
  Murkowski) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To impose sanctions with respect to foreign persons responsible for 
violations of the human rights of lesbian, gay, bisexual, transgender, 
       and intersex (LGBTI) 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 of 2021''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (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 lesbian, gay, 
        bisexual, transgender, and intersex (commonly referred to as 
        ``LGBTI'') 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 LGBTI 
        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 LGBTI 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 LGBTI individuals.
            (8) In many instances, police, prison, military, and 
        civilian government authorities have been directly complicit in 
        abuses aimed at LGBTI citizens, including arbitrary arrest, 
        torture, and sexual abuse.
            (9) Celebrations of LGBTI 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 LGBTI individuals and families.
            (11) Many countries are making positive developments in the 
        protection of the basic human rights of LGBTI individuals.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Admission; admitted.--The terms ``admission'' and 
        ``admitted'' have the meanings given those terms in section 101 
        of the Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (3) Foreign person.--The term ``foreign person'' means--
                    (A) an individual who is a citizen or national of a 
                foreign country (including any such individual who is 
                also a citizen or national of the United States), 
                including leaders or officials of governmental entities 
                of a foreign country; or
                    (B) any entity not organized solely under the laws 
                of the United States or existing solely in the United 
                States, including governmental entities of a foreign 
                country.

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

    (a) List Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a list of each foreign person that the President 
        determines, based on credible information, on or after such 
        date of enactment--
                    (A) engages in, is responsible for, or is complicit 
                in, conduct described in paragraph (2);
                    (B) acts as an agent of or on behalf of a foreign 
                person in a matter relating to conduct described in 
                paragraph (2); or
                    (C) is responsible for, or complicit in, inciting a 
                foreign person to engage in conduct described in 
                paragraph (2).
            (2) Conduct described.--Conduct described in this paragraph 
        is any of the following, conducted with respect to an 
        individual based on the actual or perceived sexual orientation, 
        gender identity, or sex characteristics of the individual:
                    (A) Cruel, inhuman, or degrading treatment or 
                punishment of the individual.
                    (B) Prolonged detention of the individual without 
                charges or trial.
                    (C) Causing the disappearance of the individual by 
                the abduction and clandestine detention of the 
                individual.
                    (D) Other flagrant denial of the right to life, 
                liberty, or the security of the individual.
            (3) Credible information.--For purposes of paragraph (1), 
        credible information includes information obtained by other 
        countries or nongovernmental organizations that monitor 
        violations of human rights.
    (b) Updates.--The President shall submit to the appropriate 
congressional committees an update of the list required by subsection 
(a) as new information becomes available.
    (c) Removal.--A 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 person from the list that--
            (1) credible information exists that the person did not 
        engage in the activity for which the person was added to the 
        list;
            (2) the person has been prosecuted appropriately for the 
        activity; or
            (3) the person has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activity, and has credibly committed to not engage in an 
        activity described in subsection (a) in the future.
    (d) Form.--
            (1) In general.--The list required by subsection (a)--
                    (A) shall, notwithstanding 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, be submitted in 
                unclassified form and be published in the Federal 
                Register; and
                    (B) may include a classified annex only as provided 
                in paragraph (2).
            (2) Use of classified annex.--The President may include a 
        person on the list required by subsection (a) in a classified 
        annex to the 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 the annex, and the 
                        inclusion of the person in the annex, would not 
                        undermine the overall purpose of this section 
                        to publicly identify foreign persons engaging 
                        in activities described in subsection (a) in 
                        order to increase accountability for such 
                        conduct; and
                    (B) not later than 15 days before including the 
                person in the annex, submits to the appropriate 
                congressional committees notice of, and a justification 
                for, including or continuing to include the person in 
                the classified annex despite the existence of any 
                publicly available credible information indicating that 
                the person engaged in an activity described in 
                subsection (a).
    (e) 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 Secretary of State for 
evaluation.
    (f) Requests From Appropriate Congressional Committees.--
            (1) Consideration of information.--The President shall 
        consider information provided by the chairperson or ranking 
        member of any of the appropriate congressional committees in 
        determining whether to include a foreign person on the list 
        required by subsection (a).
            (2) Requests.--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 submit 
        a response to the chairperson or ranking member, as the case 
        may be, with respect to the determination of the President with 
        respect to the person.
            (3) Removal.--If the President removes from the list 
        required by subsection (a) a person that had been placed on the 
        list pursuant to a request the chairperson or ranking member of 
        one of the appropriate congressional committees under paragraph 
        (2), the President shall provide to the chairperson or ranking 
        member any information that contributed to the decision to 
        remove the person from the list.
            (4) Form.--The President may submit a response required by 
        paragraph (2) or (3) in classified form if the President 
        determines that it is necessary for the national security 
        interests of the United States to do so.

SEC. 5. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF 
              HUMAN RIGHTS OF LGBTI 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.--
            (1) In general.--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 on the list required by section 
        4(a), and the Secretary of Homeland Security shall remove any 
        such individual from the United States.
            (2) Regulations required.--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 subsection.
    (c) Waivers.--The President may waive the application of subsection 
(a) or (b) with respect to a foreign person if the President--
            (1) determines that such a waiver--
                    (A) 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, the 
                Convention on Consular Relations, done at Vienna April 
                24, 1963, and entered into force March 19, 1967, or 
                other applicable international obligations of the 
                United States; or
                    (B) is in the national security interests of the 
                United States; and
            (2) not less than 15 days before the granting of the 
        waiver, submits to the appropriate congressional committees a 
        notice of and justification for the waiver.

SEC. 6. SENSE OF CONGRESS WITH RESPECT TO ADDITIONAL SANCTIONS.

    It is the sense of Congress that the President should use existing 
authorities to impose targeted sanctions (in addition to section 5) 
with respect to foreign persons on the list required by section 4(a) to 
push for accountability for flagrant denials of the right to life, 
liberty, or the security of the person.

SEC. 7. REPORT TO CONGRESS.

    Not later than one year after the date of the enactment of this 
Act, and annually thereafter, 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 the report, the dates on which those 
                persons were added or removed, and the reasons for 
                adding or removing those persons; and
                    (B) in each report after the first such report, an 
                analysis that compares increases or decreases in the 
                number of persons added to or removed from the list 
                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 
        Act.

SEC. 8. 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: ``Wherever applicable, 
        each report under this section 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, gender identity, or sex 
        characteristics.''.
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