[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2748-S2749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 654. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                 DIVISION F--GLOBAL RESPECT ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Global Respect Act of 
     2023''.

     SEC. 6002. FINDINGS.

       Congress makes the following findings:
       (1) The dignity, freedom, and equality of all human beings 
     are fundamental to a thriving global community.
       (2) An alarming trend of violence directed at lesbian, gay, 
     bisexual, transgender, and intersex (commonly referred to as 
     ``LGBTI'') individuals around the world continues.
       (3) Approximately \1/3\ of all countries have laws 
     criminalizing consensual same-sex relations, and many have 
     enacted policies or laws that would further target LGBTI 
     individuals.
       (4) 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.
       (5) Those who commit crimes against LGBTI individuals often 
     do so with impunity, and are not held accountable for their 
     crimes.
       (6) 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.
       (7) Laws criminalizing consensual same-sex relations 
     severely hinder access to HIV/AIDS treatment, information, 
     and preventive measures for LGBTI individuals and families.
       (8) Many countries are making positive developments in the 
     protection of the basic human rights of LGBTI individuals.

     SEC. 6003. DEFINITIONS.

       In this division:
       (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. 6004. 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) Torture or 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.
       (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).

[[Page S2749]]

       (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. 6005. 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 6004(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 6004(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. 6006. 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 6005) with respect to foreign persons on 
     the list required by section 6004(a) to push for 
     accountability for acts described in section 6004(a).

     SEC. 6007. 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 division, 
     including--
       (A) the number of foreign persons added to or removed from 
     the list required by section 6004(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 division.

     SEC. 6008. 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, and criminalization 
     related to 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, government violence or 
     criminalization 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 government violence or criminalization 
     that is based on actual or perceived sexual orientation, 
     gender identity, or sex characteristics.''.
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