Chyna Gibson Stop the Transgender Murder Epidemic Act of 2023 or the Chyna Gibson STME Act of 2023
This bill establishes a commission to address various issues facing gender-nonconforming, gender-expansive, and transgender women of color.
The commission must be comprised of 13 members who are qualified based on their education, training, activism, or experience, particularly in the field of transgender studies and human rights.
The commission may hold hearings and must report its findings and recommendations to Congress no later than 18 months after its first meeting.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4960 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4960
To establish a Commission to address the pervasive, and targeted
epidemic of fatal violence, economic discrimination, and other factors
disproportionally impacting members of the transgender community, and
to make recommendations to Congress on appropriate remedies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Ms. Jackson Lee (for herself, Mr. Carter of Louisiana, Mr. Cohen, Mr.
Veasey, Ms. Lee of California, Mr. Doggett, Ms. Kamlager-Dove, Mr.
Raskin, Ms. Balint, Ms. Scanlon, Mr. Takano, Ms. Schakowsky, Ms.
Pingree, Mr. Grijalva, Ms. Pressley, and Ms. Meng) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a Commission to address the pervasive, and targeted
epidemic of fatal violence, economic discrimination, and other factors
disproportionally impacting members of the transgender community, and
to make recommendations to Congress on appropriate remedies.
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 ``Chyna Gibson Stop the Transgender
Murder Epidemic Act of 2023'' or the ``Chyna Gibson STME Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One of the most underreported trends in the LGBTIQA+
community is the alarming rate at which members of the gender-
nonconforming, gender-expansive community, and especially
transgender women of color, are murdered.
(2) Fatal violence disproportionately affects transgender
women of color, and the intersections of racism, sexism,
homophobia, biphobia, transphobia, and unchecked access to guns
conspire to deprive them of employment, housing, health care,
and other necessities, making them more vulnerable to a culture
of violence.
(3) The Human Rights Campaign reports since 2013, over 200
transgender and gender-expansive individuals have been killed
in the United States.
(4) In 2016, it is estimated that, while the overall murder
rate for the United States was 1 in 19,000 per year, the murder
rate for Black transgender women was 1 in 2,600, more than 7
times as high as that of the general population.
(5) In 2018, according to the Human Rights Campaign, 26
transgender people suffered violent deaths in the United
States, a majority of them were Black transgender women.
(6) In 2019, at least 25 transgender or gender
nonconforming people fatally shot or killed by other violent
means.
(7) In 2020, at least 37 trans and gender nonconforming
people were victims of fatal violence.
(8) This epidemic of targeted and pervasive murder
disproportionately impacts transgender women of color, who
comprise approximately 4 in 5 of all antitransgender homicides
and those numbers do not account for unreported and misreported
murders or transgender people who have unexpectedly died under
suspicious circumstances, but whose deaths have not been
determined to be homicide, reports the Human Rights Campaign.
(9) Transgender people are a demographic with an elevated
risk of becoming victims of violence and discrimination, in
fact, it is estimated that trans women are 4.3 times more
likely to become homicide victims than all women, reports the
Human Rights Campaign.
(10) Many transgender women turn to the dangerous
underground economy of sex work because it has historically
been a place where transgender women have been able to make a
living and find acceptance in a community of peers.
(11) The National Center for Transgender Equality reports
that more than 1 in 4 transgender people have faced a bias-
driven assault, and rates are higher for trans women and
transgender people of color.
(12) When transgender students are left unprotected from
discrimination at all levels of education, it promotes a
negative impact on their overall well-being, future economic
stability, and employment opportunities.
(13) Members of the Transgender community face considerable
financial burdens: common health care practices for trans
people, such as hormone replacement therapy and gender-
affirming surgery, are costly, and according to the American
Journal of Psychiatry, undergoing gender-affirming surgery
often leads to long term mental health benefits, but procedures
can cost up to $75,000.
(14) When a transgender person dies, the police reports of
their deaths often are inaccurate, misgendering them or using
incorrect pronouns, making it difficult for communities to be
informed of a trans woman's death and delay or impede the
gathering of accurate data on deaths.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) there should be a commitment to combating factors that
lead to the murder of gender-nonconforming, gender-expansive,
and transgender women of color in the United States;
(2) there should be a dissemination of culturally-relevant
resources that support transgender people and their families
and increase awareness of the unique myriad of issues the
transgender community fact;
(3) the nation should condemn the violent, targeted, and
senseless documented murders of the over 200 gender-
nonconforming, gender-expansive, and transgender individuals in
the United States since 2013; and
(4) there should be celebration that even in the face of
this physical danger, hatred, and discrimination, gender-
nonconforming, gender-expansive, and transgender Americans live
courageously and overcome unjust barriers in all corners of our
country.
SEC. 4. ESTABLISHMENT AND DUTIES.
(a) Establishment.--To establish a Commission to study and develop
proposals to combat the epidemic of the murdering of gender-
nonconforming, gender-expansive, and transgender women of color.
(b) Duties.--The Commission's documentation and examination shall
include the facts related to the following:
(1) Researching issues gender-nonconforming, gender-
expansive, and transgender women of color face, such as--
(A) limited access to and avoidance of health care
due to stigma and past negative experiences with
providers, prioritization of gender-related health
care, and concerns about adverse interactions between
antiretroviral medications and hormone therapy;
(B) the extensive degrading, debasing, and denial
of humanity;
(C) forms of discrimination in the public and
private sectors against gender-nonconforming, gender-
expansive, and transgender women of color that underlie
many of the HIV, and poverty-related risk factors
frequently reported in this population;
(D) the Federal and State laws that discriminate
against the rights of transgender people;
(E) stigma surrounding early trans-identity, which
is often rooted in inaccurate beliefs and politically-
motivated attacks on transgender identities, this
stigma erects barriers in virtually every facet of
life, denying transgender people the equal opportunity
to succeed and be accepted;
(F) the treatment of gender-nonconforming, gender-
expansive, and transgender women of color in the United
States, including the deprivation of their freedom,
exploitation of their labor, and destruction of their
culture;
(G) exorbitant levels of familial rejection, often
from an early age, this rejection takes a devastating
toll on individuals often causing isolation from
physical and emotional resources that are essential to
their well-being, in contrast, research shows that
familial acceptance is a protective factor for
transgender young people and can contribute to lower
rates of depression, anxiety, substance use, HIV
acquisition, and suicide attempts;
(H) elevated rates of unemployment four times that
of the United States general population, which is due,
in part, to limited access to workplaces that are
affirming and inclusive, transgender and gender-
expansive people are put at greater risk for poverty,
homelessness, and involvement with criminalized work;
(I) sex-segregated prisons where many transwomen do
not have access to trans-competent health care, and are
usually housed with male inmates, which can lead to
violence, sexual assault, and harassment while
incarcerated, directly increasing their HIV risk;
(J) employment and housing discrimination that
leads directly to the need to engage in survival sex
work for many who are denied opportunities for
education, job training, and basic social services
because of their transgender status, which correlates
with increased exposure to fatal violence;
(K) the intersections of racism, sexism,
homophobia, biphobia, transphobia and unchecked access
to firearms compound to create a culture of violence
that disproportionately impacts communities of color;
(L) immigration detainees and aid workers have
given disturbing reports of individuals being held
under inhumane conditions that threaten their physical
safety; and
(M) misgendering by local police statements and
media reports, which can delay awareness of deadly
incidents.
(2) Recommending appropriate ways to educate the public of
the Commission's findings.
(3) Recommending appropriate remedies in consideration of
the Commission's findings on the matters described in paragraph
(1). In making such recommendations, the Commission shall
address among other issues, the following questions:
(A) How such recommendations comport with
international standards of remedy for wrongs and
injuries caused by the State, that include special
measures, as understood by various relevant
international protocols, laws, and findings.
(B) How Federal laws and policies that continue to
disproportionately and negatively affect gender-
nonconforming, gender-expansive, and transgender women
of color as a group, and those that perpetuate the
lingering effects, materially and psychosocial, can be
eliminated.
(C) How the injuries resulting from matters
described in paragraph (1) can be reversed and provide
appropriate policies, programs, projects, and
recommendations for the purpose of reversing the
injuries.
(D) How, in consideration of the Commission's
findings, any other forms of rehabilitation or
restitution to gender-nonconforming, gender-expansive,
and transgender women of color are warranted and what
the form and scope of those measures should take.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 13
members, who shall be appointed, within 90 days after the date of
enactment of this Actt, as follows:
(1) All members shall be appointed by the President.
(2) 10 members shall be appointed from an LGBTIQA+
community advisory board, of which 5 shall be reserved for
representatives from African American trans-community and
predominantly African American transgender service
organizations that have historically championed the cause of
transgender human rights.
(b) Organization.--
(1) Qualifications.--All members of the Commission shall be
persons who are specially qualified to serve on the Commission
by virtue of their education, training, activism, or
experience, particularly in the field of Transgender studies
and human rights.
(2) Terms.--The term of office for members shall be for 2.5
years or half of the life of each Commission. A vacancy in the
Commission shall not affect the powers of the Commission and
shall be filled in the same manner in which the original
appointment was made.
(3) First meeting.--The President shall call the first
meeting of the Commission within 120 days after the date of the
enactment of this Act or within 30 days after the date on which
legislation is enacted making appropriations to carry out this
Act, whichever date is later.
(4) Quorum.--Seven members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(5) Chair and vice chair.--The Commission shall elect a
Chair and Vice-Chair from among its members. The term of office
of each shall be for the life of the Commission.
(6) Compensation.--Except as provided in paragraph (7),
each member of the Commission shall receive compensation at the
daily equivalent of the annual rate of basic pay payable for
GS-18 of the General Schedule under section 5332 of title 5,
United States Code, for each day, including travel time, during
which he or she is engaged in the actual performance of duties
vested in the Commission.
(7) No additional pay.--A member of the Commission who is a
full-time officer or employee of the United States or a Member
of Congress shall receive no additional pay, allowances, or
benefits by reason of his or her service to the Commission.
(8) Reimbursement.--All members of the Commission shall be
reimbursed for travel, subsistence, and other necessary
expenses incurred by them in the performance of their duties to
the extent authorized by chapter 57 of title 5, United States
Code.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out the provisions of this Act, hold such hearings and sit and
act at such times and at such places in the United States, and request
the attendance and testimony of such witnesses and the production of
such books, records, correspondence, memoranda, papers, and documents,
as the Commission considers appropriate. The Commission may invoke the
aid of an appropriate United States district court to require, by
subpoena or otherwise, such attendance, testimony, or production.
(b) Powers of Subcommittees and Members.--Any subcommittee or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may acquire directly
from the head of any department, agency, or instrumentality of the
executive branch of the Government, available information which the
Commission considers useful in the discharge of its duties. All
departments, agencies, and instrumentalities of the executive branch of
the Government shall cooperate with the Commission with respect to such
information and shall furnish all information requested by the
Commission to the extent permitted by law.
SEC. 7. ADMINISTRATIVE PROVISIONS.
(a) Staff.--The Commission may appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-18 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure the
services of experts and consultants in accordance with the provisions
of section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the highest rate
payable under section 5332 of such title.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chairman of the Commission and the Administrator.
(e) Contracts.--The Commission may--
(1) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriation
acts; and
(2) enter into contracts with departments, agencies, and
instrumentalities of the Federal Government, State agencies,
and private firms, institutions, and agencies, for the conduct
of research or surveys, the preparation of reports, and other
activities necessary for the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriation acts.
SEC. 8. REPORT TO CONGRESS.
The Commission shall submit a written report of its findings and
recommendations to the Congress not later than the date which is 18
months after the date of the first meeting of the Commission held
pursuant to section 3.
SEC. 9. TERMINATION.
The Commission shall submit a written report of its findings and
recommendations to the Congress not later than the date which is one
year after the date of the first meeting of the Commission held
pursuant to section 3 and terminate 90 days after the date on which the
Commission submits its report to the Congress under section 3.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this Act, there are authorized to be
appropriated $10,000,000 per year, for a period not to exceed 5 years.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H4061)
Referred to the House Committee on the Judiciary.
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