Global Respect Act - Directs the President to submit to Congress a list of each foreign person that the President determines is responsible, or acted as an agent, for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity.
Makes a listed foreign person ineligible to enter or be admitted to the United States. Requires revocation of any visa issued for such person.
Authorizes the Secretary of State and the Secretary of Homeland Security (DHS) to waive such prohibition if in U.S. national security interests or if necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Requires congressional notification prior to any such waiver.
Directs the Assistant Secretary for Democracy, Human Rights and Labor to designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity.
Amends the Foreign Assistance Act of 1961 to include information on sexual orientation or gender identity violence or restrictions in the annual country reports on human rights practices.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4907 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4907
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
June 19, 2014
Mr. Cicilline (for himself, Mr. Engel, Ms. Lofgren, Ms. Speier, Mr.
McGovern, Mr. Sean Patrick Maloney of New York, Mr. Takano, Ms. Wilson
of Florida, Mr. McDermott, Mr. Lowenthal, Mr. Pocan, Ms. Roybal-Allard,
Mr. Polis, Ms. Eshoo, Ms. Frankel of Florida, Ms. Lee of California,
and Mr. Murphy of Florida) 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 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 Ukraine 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) There are too many instances in which 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'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
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 the extrajudicial
killing, torture, or other gross violation of internationally
recognized human rights, including widespread or systematic
violation of the fundamental freedoms of expression,
association, or assembly, committed against an individual in a
foreign country 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 subparagraph (A)(ii) of paragraph (1), 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 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, consistent with United States law, 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, consistent with United States law, 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, consistent with United States law, of an individual
in foreign countries that is based on actual or perceived
sexual orientation or gender identity.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Immigration and Border Security.
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