Text of US HB 4907 (2014)

I 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 pur- poses. 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 fol- lowing bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subse- quently 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 respon- sible 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Global Respect Act’’. 4 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 2 •HR 4907 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The dignity, freedom, and equality of all 3 human beings are fundamental to a thriving global 4 community. 5 (2) The rights to life, liberty, and security of 6 the person, the right to privacy, and the right to 7 freedom of expression and association are funda- 8 mental rights. 9 (3) An alarming trend of violence directed at 10 LGBT individuals around the world continues. 11 (4) More than one-third of all countries have 12 laws criminalizing consensual same-sex relations, 13 and countries such as Nigeria, Russia, Uganda, and 14 Ukraine have recently considered or passed legisla- 15 tion that would further target LGBT individuals. 16 (5) Every year thousands of individuals around 17 the world are targeted for harassment, attack, ar- 18 rest, and murder on the basis of their sexual ori- 19 entation or gender identity. 20 (6) Those who commit crimes against LGBT 21 individuals often do so with impunity, and are not 22 held accountable for their crimes. 23 (7) Homophobic and transphobic statements by 24 government officials in many countries in every re- 25 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 3 •HR 4907 IH gion of the world promote negative public attitudes 1 and can lead to violence toward LGBT individuals. 2 (8) There are too many instances in which po- 3 lice, prison, military, and civilian government au- 4 thorities have been directly complicit in abuses 5 aimed at LGBT citizens, including arbitrary arrest, 6 torture, and sexual abuse. 7 (9) Celebrations of LGBT individuals and com- 8 munities, such as film festivals, Pride events, and 9 demonstrations are often forced underground due to 10 inaction on the part of, or harassment by, local law 11 enforcement and government officials, in violation of 12 freedoms of assembly and expression. 13 (10) Laws criminalizing consensual same-sex 14 relations severely hinder access to HIV/AIDS treat- 15 ment, information, and preventive measures for 16 LGBT individuals and families. 17 (11) Many countries are making positive devel- 18 opments in the protection of the basic human rights 19 of LGBT individuals. 20 SEC. 3. DEFINITIONS. 21 In this Act: 22 (1) APPROPRIATE CONGRESSIONAL COMMIT- 23 TEES.—The term ‘‘appropriate congressional com- 24 mittees’’ means— 25 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 4 •HR 4907 IH (A) the Committee on Armed Services, the 1 Committee on Foreign Affairs, the Committee 2 on Homeland Security, and the Committee on 3 the Judiciary of the House of Representatives; 4 and 5 (B) the Committee on Armed Services, the 6 Committee on Foreign Relations, the Com- 7 mittee on Homeland Security and Govern- 8 mental Affairs, and the Committee on the Judi- 9 ciary of the Senate. 10 (2) FOREIGN PERSON.—The term ‘‘foreign per- 11 son’’ means a person that is not a United States 12 person. 13 (3) PERSON.—The term ‘‘person’’ means an in- 14 dividual or entity. 15 (4) UNITED STATES PERSON.—The term 16 ‘‘United States person’’ means— 17 (A) a United States citizen or an alien law- 18 fully admitted for permanent residence to the 19 United States; or 20 (B) an entity organized under the laws of 21 the United States or of any jurisdiction within 22 the United States, including a foreign branch of 23 such an entity. 24 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 5 •HR 4907 IH SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPON- 1 SIBLE FOR GROSS VIOLATIONS OF HUMAN 2 RIGHTS. 3 (a) IN GENERAL.—Not later than 180 days after the 4 date of the enactment of this Act and biannually there- 5 after, the President shall transmit to the appropriate con- 6 gressional committees a list of each foreign person that 7 the President determines, based on credible information— 8 (1) is responsible for or complicit in the 9 extrajudicial killing, torture, or other gross violation 10 of internationally recognized human rights, including 11 widespread or systematic violation of the funda- 12 mental freedoms of expression, association, or as- 13 sembly, committed against an individual in a foreign 14 country based on actual or perceived sexual orienta- 15 tion or gender identity; 16 (2) acted as an agent of or on behalf of a for- 17 eign person in a matter relating to an activity de- 18 scribed in paragraph (1); or 19 (3) is responsible for or complicit in inciting a 20 foreign person to engage in an activity described in 21 paragraph (1). 22 (b) UPDATES.—The President shall transmit to the 23 appropriate congressional committees an update of the list 24 required by subsection (a) as new information becomes 25 available. 26 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 6 •HR 4907 IH (c) GUIDANCE RELATING TO SUBMISSION OF CER- 1 TAIN INFORMATION.—The Secretary of State shall issue 2 public guidance, including through United States diplo- 3 matic and consular posts, relating to how names of foreign 4 persons who may be included on the list required by sub- 5 section (a) may be submitted to the Department of State. 6 (d) FORM.— 7 (1) IN GENERAL.—The list required by sub- 8 section (a) shall be transmitted in unclassified form. 9 (2) EXCEPTION.—The name of a foreign person 10 to be included in the list required by subsection (a) 11 may be transmitted in a classified annex only if the 12 President— 13 (A) determines that it is vital for the na- 14 tional security interests of the United States to 15 do so; 16 (B) uses the annex in a manner consistent 17 with congressional intent and the purposes of 18 this Act; and 19 (C) not later than 15 days before transmit- 20 ting the name in a classified annex, provides to 21 the appropriate congressional committees notice 22 of, and a justification for, including or con- 23 tinuing to include each foreign person in the 24 classified annex despite any publicly available 25 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 7 •HR 4907 IH credible information indicating that the foreign 1 person engaged in an activity described in para- 2 graph (1) or (2) of subsection (a). 3 (3) CONSIDERATION OF CERTAIN INFORMA- 4 TION.—In preparing the list required by subsection 5 (a), the President shall consider— 6 (A) information provided by the Chair- 7 person or Ranking Member of each of the ap- 8 propriate congressional committees; and 9 (B) credible information obtained by other 10 countries and nongovernmental organizations 11 that monitor violations of human rights. 12 (4) PUBLIC AVAILABILITY.—The unclassified 13 portion of the list required by subsection (a) shall be 14 made available to the public and published in the 15 Federal Register. 16 (e) REMOVAL FROM LIST.—A foreign person may be 17 removed from the list required by subsection (a) if the 18 President determines and reports to the appropriate con- 19 gressional committees not later than 15 days before the 20 removal of the foreign person from the list that— 21 (1) credible information exists that the foreign 22 person did not engage in the activity for which the 23 foreign person was added to the list; 24 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 8 •HR 4907 IH (2) the foreign person has been prosecuted ap- 1 propriately for the activity in which the foreign per- 2 son engaged; or 3 (3) the foreign person has credibly dem- 4 onstrated a significant change in behavior, has paid 5 an appropriate consequence for the activities in 6 which the foreign person engaged, and has credibly 7 committed to not engage in an activity described in 8 paragraph (1) or (2) of subsection (a). 9 (f) REQUESTS BY CHAIRPERSON OR RANKING MEM- 10 BER OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 11 (1) IN GENERAL.—Not later than 120 days 12 after receiving a written request from the Chair- 13 person or Ranking Member of one of the appropriate 14 congressional committees with respect to whether a 15 foreign person meets the criteria for being added to 16 the list required by subsection (a), the President 17 shall transmit a response to that Chairperson or 18 Ranking Member, as the case may be, with respect 19 to the status of the foreign person at issue. 20 (2) FORM.—The President may transmit a re- 21 sponse required by paragraph (1) in classified form 22 if the President determines that it is necessary for 23 the national security interests of the United States 24 to do so. 25 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 9 •HR 4907 IH (3) REMOVAL.— 1 (A) IN GENERAL.—If the President re- 2 moves from the list required by subsection (a) 3 a foreign person that has been placed on the 4 list, the President shall provide the Chair- 5 persons and Ranking Members of the appro- 6 priate congressional committees with any infor- 7 mation that contributed to such removal deci- 8 sion. 9 (B) FORM OF INFORMATION.—The Presi- 10 dent may transmit the information requested by 11 subparagraph (A) in classified form if the 12 President determines that it is necessary to the 13 national security interests of the United States 14 to do so. 15 (g) NONAPPLICABILITY OF CONFIDENTIALITY RE- 16 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 17 President shall publish the list required by subsection (a) 18 without regard to the requirements of section 222(f) of 19 the Immigration and Nationality Act (8 U.S.C. 1202(f)) 20 with respect to confidentiality of records pertaining to the 21 issuance or refusal of visas or permits to enter the United 22 States. 23 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 10 •HR 4907 IH SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. 1 (a) INELIGIBILITY FOR VISAS AND ADMISSION TO 2 THE UNITED STATES.—An individual who is a foreign 3 person on the list required by section 4(a) is ineligible to 4 receive a visa to enter the United States and ineligible to 5 be admitted to the United States. 6 (b) CURRENT VISAS REVOKED AND REMOVAL FROM 7 UNITED STATES.—The Secretary of State shall revoke, in 8 accordance with section 221(i) of the Immigration and 9 Nationality Act (8 U.S.C. 1201(i)), the visa or other docu- 10 mentation of an individual who would be ineligible to re- 11 ceive such a visa or documentation under subsection (a), 12 and the Secretary of Homeland Security shall remove from 13 the United States such an individual. 14 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 15 (1) IN GENERAL.—The Secretary of State and 16 the Secretary of Homeland Security, in consultation 17 with the President, may waive the application of 18 subsection (a) or (b), as the case may be, in the case 19 of an individual if— 20 (A) the Secretaries determine that such a 21 waiver— 22 (i) is necessary to permit the United 23 States to comply with the Agreement be- 24 tween the United Nations and the United 25 States of America regarding the Head- 26 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 11 •HR 4907 IH quarters of the United Nations, signed 1 June 26, 1947, and entered into force No- 2 vember 21, 1947, or other applicable inter- 3 national obligations of the United States; 4 or 5 (ii) is in the national security interests 6 of the United States; and 7 (B) before granting the waiver, the Secre- 8 taries provide to the appropriate congressional 9 committees notice of, and a justification for, the 10 waiver. 11 (2) TIMING FOR NOTICE OF CERTAIN WAIV- 12 ERS.—In the case of a waiver under subparagraph 13 (A)(ii) of paragraph (1), the Secretaries shall submit 14 the notice required by subparagraph (B) of such 15 paragraph not later than 15 days before granting 16 the waiver. 17 (d) REGULATORY AUTHORITY.—Not later than 180 18 days after the date of the enactment of this Act, the Sec- 19 retary of State and the Secretary of Homeland Security 20 shall prescribe such regulations as are necessary to carry 21 out this section. 22 SEC. 6. REPORT TO CONGRESS. 23 Not later than one year after the date of the enact- 24 ment of this Act and annually thereafter, the President, 25 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 12 •HR 4907 IH acting through the Secretary of State, shall submit to the 1 appropriate congressional committees a report on— 2 (1) the actions taken to carry out this Act, in- 3 cluding— 4 (A) the number of foreign persons added 5 to or removed from the list required by section 6 4(a) during the year preceding each report, the 7 dates on which those persons were added or re- 8 moved, and the reasons for adding or removing 9 those persons; and 10 (B) an analysis that compares increases or 11 decreases in the number of such persons year- 12 over-year and the reasons therefor; and 13 (2) efforts by the executive branch to coordinate 14 with the governments of other countries to, as ap- 15 propriate, impose sanctions that are similar to the 16 sanctions imposed under this Act. 17 SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTA- 18 TION OR GENDER IDENTITY. 19 (a) TRACKING VIOLENCE OR CRIMINALIZATION RE- 20 LATED TO SEXUAL ORIENTATION OR GENDER IDEN- 21 TITY.—The Assistant Secretary for Democracy, Human 22 Rights and Labor shall designate a Bureau-based senior 23 officer or officers who shall be responsible for tracking vio- 24 lence, criminalization, and restrictions on the enjoyment 25 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 13 •HR 4907 IH of fundamental freedoms, consistent with United States 1 law, in foreign countries based on actual or perceived sex- 2 ual orientation or gender identity. 3 (b) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 4 PRACTICES.—The Foreign Assistance Act of 1961 is 5 amended— 6 (1) in section 116(d) (22 U.S.C. 2151n(d))— 7 (A) in paragraph (11)(C), by striking 8 ‘‘and’’ at the end; 9 (B) in paragraph (12)— 10 (i) in subparagraph (B), by striking 11 ‘‘and’’ at the end; and 12 (ii) in subparagraph (C)(ii), by strik- 13 ing the period at the end and inserting ‘‘; 14 and’’; and 15 (C) by adding at the end the following new 16 paragraph: 17 ‘‘(13) wherever applicable, violence or discrimi- 18 nation that affects the fundamental freedoms, in- 19 cluding widespread or systematic violation of the 20 freedoms of expression, association, or assembly, 21 consistent with United States law, of an individual 22 in foreign countries that is based on actual or per- 23 ceived sexual orientation or gender identity.’’; and 24 VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS 14 •HR 4907 IH (2) in section 502B(b) (22 U.S.C. 2304(b)), by 1 inserting after the ninth sentence the following new 2 sentence: ‘‘Wherever applicable, such report shall 3 also include information regarding violence or dis- 4 crimination that affects the fundamental freedoms, 5 including widespread or systematic violation of the 6 freedoms of expression, association, or assembly, 7 consistent with United States law, of an individual 8 in foreign countries that is based on actual or per- 9 ceived sexual orientation or gender identity.’’. 10 Æ VerDate Mar 15 2010 00:07 Jun 25, 2014 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6301 E:\BILLS\H4907.IH H4907 jbell on DSK4SPTVN1PROD with BILLS