Text of US HB 4960 (2023)

I 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. SCHA- KOWSKY, 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 discrimina- tion, and other factors disproportionally impacting mem- bers of the transgender community, and to make rec- ommendations to Congress on appropriate remedies. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4960 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Chyna Gibson Stop 2 the Transgender Murder Epidemic Act of 2023’’ or the 3 ‘‘Chyna Gibson STME Act of 2023’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) One of the most underreported trends in 7 the LGBTIQA+ community is the alarming rate at 8 which members of the gender-nonconforming, gen- 9 der-expansive community, and especially transgender 10 women of color, are murdered. 11 (2) Fatal violence disproportionately affects 12 transgender women of color, and the intersections of 13 racism, sexism, homophobia, biphobia, transphobia, 14 and unchecked access to guns conspire to deprive 15 them of employment, housing, health care, and other 16 necessities, making them more vulnerable to a cul- 17 ture of violence. 18 (3) The Human Rights Campaign reports since 19 2013, over 200 transgender and gender-expansive 20 individuals have been killed in the United States. 21 (4) In 2016, it is estimated that, while the over- 22 all murder rate for the United States was 1 in 23 19,000 per year, the murder rate for Black 24 transgender women was 1 in 2,600, more than 7 25 times as high as that of the general population. 26 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4960 IH (5) In 2018, according to the Human Rights 1 Campaign, 26 transgender people suffered violent 2 deaths in the United States, a majority of them were 3 Black transgender women. 4 (6) In 2019, at least 25 transgender or gender 5 nonconforming people fatally shot or killed by other 6 violent means. 7 (7) In 2020, at least 37 trans and gender non- 8 conforming people were victims of fatal violence. 9 (8) This epidemic of targeted and pervasive 10 murder disproportionately impacts transgender 11 women of color, who comprise approximately 4 in 5 12 of all antitransgender homicides and those numbers 13 do not account for unreported and misreported mur- 14 ders or transgender people who have unexpectedly 15 died under suspicious circumstances, but whose 16 deaths have not been determined to be homicide, re- 17 ports the Human Rights Campaign. 18 (9) Transgender people are a demographic with 19 an elevated risk of becoming victims of violence and 20 discrimination, in fact, it is estimated that trans 21 women are 4.3 times more likely to become homicide 22 victims than all women, reports the Human Rights 23 Campaign. 24 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4960 IH (10) Many transgender women turn to the dan- 1 gerous underground economy of sex work because it 2 has historically been a place where transgender 3 women have been able to make a living and find ac- 4 ceptance in a community of peers. 5 (11) The National Center for Transgender 6 Equality reports that more than 1 in 4 transgender 7 people have faced a bias-driven assault, and rates 8 are higher for trans women and transgender people 9 of color. 10 (12) When transgender students are left unpro- 11 tected from discrimination at all levels of education, 12 it promotes a negative impact on their overall well- 13 being, future economic stability, and employment op- 14 portunities. 15 (13) Members of the Transgender community 16 face considerable financial burdens: common health 17 care practices for trans people, such as hormone re- 18 placement therapy and gender-affirming surgery, are 19 costly, and according to the American Journal of 20 Psychiatry, undergoing gender-affirming surgery 21 often leads to long term mental health benefits, but 22 procedures can cost up to $75,000. 23 (14) When a transgender person dies, the police 24 reports of their deaths often are inaccurate, 25 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4960 IH misgendering them or using incorrect pronouns, 1 making it difficult for communities to be informed of 2 a trans woman’s death and delay or impede the 3 gathering of accurate data on deaths. 4 SEC. 3. SENSE OF CONGRESS. 5 It is the sense of Congress that— 6 (1) there should be a commitment to combating 7 factors that lead to the murder of gender-noncon- 8 forming, gender-expansive, and transgender women 9 of color in the United States; 10 (2) there should be a dissemination of cul- 11 turally-relevant resources that support transgender 12 people and their families and increase awareness of 13 the unique myriad of issues the transgender commu- 14 nity fact; 15 (3) the nation should condemn the violent, tar- 16 geted, and senseless documented murders of the over 17 200 gender-nonconforming, gender-expansive, and 18 transgender individuals in the United States since 19 2013; and 20 (4) there should be celebration that even in the 21 face of this physical danger, hatred, and discrimina- 22 tion, gender-nonconforming, gender-expansive, and 23 transgender Americans live courageously and over- 24 come unjust barriers in all corners of our country. 25 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4960 IH SEC. 4. ESTABLISHMENT AND DUTIES. 1 (a) ESTABLISHMENT.—To establish a Commission to 2 study and develop proposals to combat the epidemic of the 3 murdering of gender-nonconforming, gender-expansive, 4 and transgender women of color. 5 (b) DUTIES.—The Commission’s documentation and 6 examination shall include the facts related to the fol- 7 lowing: 8 (1) Researching issues gender-nonconforming, 9 gender-expansive, and transgender women of color 10 face, such as— 11 (A) limited access to and avoidance of 12 health care due to stigma and past negative ex- 13 periences with providers, prioritization of gen- 14 der-related health care, and concerns about ad- 15 verse interactions between antiretroviral medi- 16 cations and hormone therapy; 17 (B) the extensive degrading, debasing, and 18 denial of humanity; 19 (C) forms of discrimination in the public 20 and private sectors against gender-noncon- 21 forming, gender-expansive, and transgender 22 women of color that underlie many of the HIV, 23 and poverty-related risk factors frequently re- 24 ported in this population; 25 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4960 IH (D) the Federal and State laws that dis- 1 criminate against the rights of transgender peo- 2 ple; 3 (E) stigma surrounding early trans-iden- 4 tity, which is often rooted in inaccurate beliefs 5 and politically-motivated attacks on transgender 6 identities, this stigma erects barriers in vir- 7 tually every facet of life, denying transgender 8 people the equal opportunity to succeed and be 9 accepted; 10 (F) the treatment of gender-noncon- 11 forming, gender-expansive, and transgender 12 women of color in the United States, including 13 the deprivation of their freedom, exploitation of 14 their labor, and destruction of their culture; 15 (G) exorbitant levels of familial rejection, 16 often from an early age, this rejection takes a 17 devastating toll on individuals often causing iso- 18 lation from physical and emotional resources 19 that are essential to their well-being, in con- 20 trast, research shows that familial acceptance is 21 a protective factor for transgender young people 22 and can contribute to lower rates of depression, 23 anxiety, substance use, HIV acquisition, and 24 suicide attempts; 25 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 4960 IH (H) elevated rates of unemployment four 1 times that of the United States general popu- 2 lation, which is due, in part, to limited access 3 to workplaces that are affirming and inclusive, 4 transgender and gender-expansive people are 5 put at greater risk for poverty, homelessness, 6 and involvement with criminalized work; 7 (I) sex-segregated prisons where many 8 transwomen do not have access to trans-com- 9 petent health care, and are usually housed with 10 male inmates, which can lead to violence, sexual 11 assault, and harassment while incarcerated, di- 12 rectly increasing their HIV risk; 13 (J) employment and housing discrimina- 14 tion that leads directly to the need to engage in 15 survival sex work for many who are denied op- 16 portunities for education, job training, and 17 basic social services because of their 18 transgender status, which correlates with in- 19 creased exposure to fatal violence; 20 (K) the intersections of racism, sexism, 21 homophobia, biphobia, transphobia and un- 22 checked access to firearms compound to create 23 a culture of violence that disproportionately im- 24 pacts communities of color; 25 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 4960 IH (L) immigration detainees and aid workers 1 have given disturbing reports of individuals 2 being held under inhumane conditions that 3 threaten their physical safety; and 4 (M) misgendering by local police state- 5 ments and media reports, which can delay 6 awareness of deadly incidents. 7 (2) Recommending appropriate ways to educate 8 the public of the Commission’s findings. 9 (3) Recommending appropriate remedies in con- 10 sideration of the Commission’s findings on the mat- 11 ters described in paragraph (1). In making such rec- 12 ommendations, the Commission shall address among 13 other issues, the following questions: 14 (A) How such recommendations comport 15 with international standards of remedy for 16 wrongs and injuries caused by the State, that 17 include special measures, as understood by var- 18 ious relevant international protocols, laws, and 19 findings. 20 (B) How Federal laws and policies that 21 continue to disproportionately and negatively 22 affect gender-nonconforming, gender-expansive, 23 and transgender women of color as a group, 24 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 4960 IH and those that perpetuate the lingering effects, 1 materially and psychosocial, can be eliminated. 2 (C) How the injuries resulting from mat- 3 ters described in paragraph (1) can be reversed 4 and provide appropriate policies, programs, 5 projects, and recommendations for the purpose 6 of reversing the injuries. 7 (D) How, in consideration of the Commis- 8 sion’s findings, any other forms of rehabilita- 9 tion or restitution to gender-nonconforming, 10 gender-expansive, and transgender women of 11 color are warranted and what the form and 12 scope of those measures should take. 13 SEC. 5. MEMBERSHIP. 14 (a) NUMBER AND APPOINTMENT.—The Commission 15 shall be composed of 13 members, who shall be appointed, 16 within 90 days after the date of enactment of this Actt, 17 as follows: 18 (1) All members shall be appointed by the 19 President. 20 (2) 10 members shall be appointed from an 21 LGBTIQA+ community advisory board, of which 5 22 shall be reserved for representatives from African 23 American trans-community and predominantly Afri- 24 can American transgender service organizations that 25 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 4960 IH have historically championed the cause of 1 transgender human rights. 2 (b) ORGANIZATION.— 3 (1) QUALIFICATIONS.—All members of the 4 Commission shall be persons who are specially quali- 5 fied to serve on the Commission by virtue of their 6 education, training, activism, or experience, particu- 7 larly in the field of Transgender studies and human 8 rights. 9 (2) TERMS.—The term of office for members 10 shall be for 2.5 years or half of the life of each Com- 11 mission. A vacancy in the Commission shall not af- 12 fect the powers of the Commission and shall be filled 13 in the same manner in which the original appoint- 14 ment was made. 15 (3) FIRST MEETING.—The President shall call 16 the first meeting of the Commission within 120 days 17 after the date of the enactment of this Act or within 18 30 days after the date on which legislation is en- 19 acted making appropriations to carry out this Act, 20 whichever date is later. 21 (4) QUORUM.—Seven members of the Commis- 22 sion shall constitute a quorum, but a lesser number 23 may hold hearings. 24 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 4960 IH (5) CHAIR AND VICE CHAIR.—The Commission 1 shall elect a Chair and Vice-Chair from among its 2 members. The term of office of each shall be for the 3 life of the Commission. 4 (6) COMPENSATION.—Except as provided in 5 paragraph (7), each member of the Commission 6 shall receive compensation at the daily equivalent of 7 the annual rate of basic pay payable for GS–18 of 8 the General Schedule under section 5332 of title 5, 9 United States Code, for each day, including travel 10 time, during which he or she is engaged in the ac- 11 tual performance of duties vested in the Commis- 12 sion. 13 (7) NO ADDITIONAL PAY.—A member of the 14 Commission who is a full-time officer or employee of 15 the United States or a Member of Congress shall re- 16 ceive no additional pay, allowances, or benefits by 17 reason of his or her service to the Commission. 18 (8) REIMBURSEMENT.—All members of the 19 Commission shall be reimbursed for travel, subsist- 20 ence, and other necessary expenses incurred by them 21 in the performance of their duties to the extent au- 22 thorized by chapter 57 of title 5, United States 23 Code. 24 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 4960 IH SEC. 6. POWERS OF THE COMMISSION. 1 (a) HEARINGS AND SESSIONS.—The Commission 2 may, for the purpose of carrying out the provisions of this 3 Act, hold such hearings and sit and act at such times and 4 at such places in the United States, and request the at- 5 tendance and testimony of such witnesses and the produc- 6 tion of such books, records, correspondence, memoranda, 7 papers, and documents, as the Commission considers ap- 8 propriate. The Commission may invoke the aid of an ap- 9 propriate United States district court to require, by sub- 10 poena or otherwise, such attendance, testimony, or pro- 11 duction. 12 (b) POWERS OF SUBCOMMITTEES AND MEMBERS.— 13 Any subcommittee or member of the Commission may, if 14 authorized by the Commission, take any action which the 15 Commission is authorized to take by this section. 16 (c) OBTAINING OFFICIAL DATA.—The Commission 17 may acquire directly from the head of any department, 18 agency, or instrumentality of the executive branch of the 19 Government, available information which the Commission 20 considers useful in the discharge of its duties. All depart- 21 ments, agencies, and instrumentalities of the executive 22 branch of the Government shall cooperate with the Com- 23 mission with respect to such information and shall furnish 24 all information requested by the Commission to the extent 25 permitted by law. 26 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 4960 IH SEC. 7. ADMINISTRATIVE PROVISIONS. 1 (a) STAFF.—The Commission may appoint and fix 2 the compensation of such personnel as the Commission 3 considers appropriate. 4 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE 5 LAWS.—The staff of the Commission may be appointed 6 without regard to the provisions of title 5, United States 7 Code, governing appointments in the competitive service, 8 and without regard to the provisions of chapter 51 and 9 subchapter III of chapter 53 of such title relating to classi- 10 fication and General Schedule pay rates, except that the 11 compensation of any employee of the Commission may not 12 exceed a rate equal to the annual rate of basic pay payable 13 for GS–18 of the General Schedule under section 5332 14 of title 5, United States Code. 15 (c) EXPERTS AND CONSULTANTS.—The Commission 16 may procure the services of experts and consultants in ac- 17 cordance with the provisions of section 3109(b) of title 5, 18 United States Code, but at rates for individuals not to 19 exceed the daily equivalent of the highest rate payable 20 under section 5332 of such title. 21 (d) ADMINISTRATIVE SUPPORT SERVICES.—The 22 Commission may enter into agreements with the Adminis- 23 trator of General Services for procurement of financial 24 and administrative services necessary for the discharge of 25 the duties of the Commission. Payment for such services 26 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 4960 IH shall be made by reimbursement from funds of the Com- 1 mission in such amounts as may be agreed upon by the 2 Chairman of the Commission and the Administrator. 3 (e) CONTRACTS.—The Commission may— 4 (1) procure supplies, services, and property by 5 contract in accordance with applicable laws and reg- 6 ulations and to the extent or in such amounts as are 7 provided in appropriation acts; and 8 (2) enter into contracts with departments, 9 agencies, and instrumentalities of the Federal Gov- 10 ernment, State agencies, and private firms, institu- 11 tions, and agencies, for the conduct of research or 12 surveys, the preparation of reports, and other activi- 13 ties necessary for the discharge of the duties of the 14 Commission, to the extent or in such amounts as are 15 provided in appropriation acts. 16 SEC. 8. REPORT TO CONGRESS. 17 The Commission shall submit a written report of its 18 findings and recommendations to the Congress not later 19 than the date which is 18 months after the date of the 20 first meeting of the Commission held pursuant to section 21 3. 22 SEC. 9. TERMINATION. 23 The Commission shall submit a written report of its 24 findings and recommendations to the Congress not later 25 VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 4960 IH than the date which is one year after the date of the first 1 meeting of the Commission held pursuant to section 3 and 2 terminate 90 days after the date on which the Commission 3 submits its report to the Congress under section 3. 4 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 5 To carry out the provisions of this Act, there are au- 6 thorized to be appropriated $10,000,000 per year, for a 7 period not to exceed 5 years. 8 Æ VerDate Sep 11 2014 02:17 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6301 E:\BILLS\H4960.IH H4960 kjohnson on DSK79L0C42PROD with BILLS