Bill Summary
The Global Respect Act of 2019 is a bill that aims to impose sanctions on foreign individuals and entities responsible for human rights violations against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. The bill also requires the President to submit a list of these individuals every 180 days, based on credible information. Those on the list will be ineligible for visas and admission to the United States, and their current visas will be revoked. The President may waive this if necessary for international obligations or national security interests, but must provide a notice and justification to Congress. The bill also requires the Secretary of State to report on the actions taken to carry out this act and any efforts to coordinate with other countries. Additionally, it requires the tracking of violence and discrimination based on sexual orientation or gender identity in the Annual Country Reports on Human Rights Practices.
Possible Impacts
1. Employment discrimination - The bill may impose sanctions on foreign persons who are responsible for violating the human rights of LGBTI individuals. This could potentially impact the job opportunities and employment rights of LGBTI individuals who may face discrimination based on their sexual orientation or gender identity.
2. Travel restrictions - The bill may make it difficult for individuals on the list of foreign persons responsible for violations of LGBTI rights to obtain visas or be admitted into the United States. This could limit their ability to travel for work, education or other purposes, and negatively affect their personal and professional lives.
3. Reporting and accountability - The bill requires the President to submit a report to Congress on the actions taken to carry out the legislation, including the number of foreign persons added or removed from the list and an analysis of changes in the list over time. This could potentially increase accountability for those who commit human rights abuses against LGBTI individuals and bring attention to the issue on a global scale.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1825 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1825
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 13, 2019
Mrs. Shaheen (for herself, Ms. Murkowski, Mr. Blumenthal, Mr. Portman,
Mr. Murphy, Ms. Collins, Mr. Markey, Mr. Merkley, and Mr. Wyden)
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 2019''.
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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