Global Respect Act of 2019

II 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 re- ferred to the Committee on Foreign Relations A BILL To impose sanctions with respect to foreign persons respon- sible 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 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 of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 2 •S 1825 IS (1) The dignity, freedom, and equality of all 1 human beings are fundamental to a thriving global 2 community. 3 (2) The rights to life, liberty, and security of 4 the person, the right to privacy, and the right to 5 freedom of expression and association are funda- 6 mental human rights. 7 (3) An alarming trend of violence directed at 8 lesbian, gay, bisexual, transgender, and intersex 9 (commonly referred to as ‘‘LGBTI’’) individuals 10 around the world continues. 11 (4) Approximately one-third of all countries 12 have laws criminalizing consensual same-sex rela- 13 tions, and many have enacted policies or laws that 14 would further target LGBTI individuals. 15 (5) Every year thousands of individuals around 16 the world are targeted for harassment, attack, ar- 17 rest, and murder on the basis of their sexual ori- 18 entation or gender identity. 19 (6) Those who commit crimes against LGBTI 20 individuals often do so with impunity, and are not 21 held accountable for their crimes. 22 (7) Homophobic and transphobic statements by 23 government officials in many countries in every re- 24 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 3 •S 1825 IS gion of the world promote negative public attitudes 1 and can lead to violence toward LGBTI individuals. 2 (8) In many instances, police, prison, military, 3 and civilian government authorities have been di- 4 rectly complicit in abuses aimed at LGBTI citizens, 5 including arbitrary arrest, torture, and sexual abuse. 6 (9) Celebrations of LGBTI individuals and 7 communities, such as film festivals, Pride events, 8 and demonstrations are often forced underground 9 due to inaction on the part of, or harassment by, 10 local law enforcement and government officials, in 11 violation of freedoms of assembly and expression. 12 (10) Laws criminalizing consensual same-sex 13 relations severely hinder access to HIV/AIDS treat- 14 ment, information, and preventive measures for 15 LGBTI individuals and families. 16 (11) Many countries are making positive devel- 17 opments in the protection of the basic human rights 18 of LGBTI individuals. 19 SEC. 3. DEFINITIONS. 20 In this Act: 21 (1) ADMISSION; ADMITTED.—The terms ‘‘ad- 22 mission’’ and ‘‘admitted’’ have the meanings given 23 those terms in section 101 of the Immigration and 24 Nationality Act (8 U.S.C. 1101). 25 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 4 •S 1825 IS (2) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means the Committee on Foreign Relations 3 of the Senate and the Committee on Foreign Affairs 4 of the House of Representatives. 5 (3) FOREIGN PERSON.—The term ‘‘foreign per- 6 son’’ means— 7 (A) an individual who is a citizen or na- 8 tional of a foreign country (including any such 9 individual who is also a citizen or national of 10 the United States), including leaders or officials 11 of governmental entities of a foreign country; or 12 (B) any entity not organized solely under 13 the laws of the United States or existing solely 14 in the United States, including governmental 15 entities of a foreign country. 16 SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPON- 17 SIBLE FOR VIOLATIONS OF HUMAN RIGHTS 18 OF LGBTI INDIVIDUALS. 19 (a) LIST REQUIRED.— 20 (1) IN GENERAL.—Not later than 180 days 21 after the date of the enactment of this Act, and 22 every 180 days thereafter, the President shall sub- 23 mit to the appropriate congressional committees a 24 list of each foreign person that the President deter- 25 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 5 •S 1825 IS mines, based on credible information, on or after 1 such date of enactment— 2 (A) engages in, is responsible for, or is 3 complicit in, conduct described in paragraph 4 (2); 5 (B) acts as an agent of or on behalf of a 6 foreign person in a matter relating to conduct 7 described in paragraph (2); or 8 (C) is responsible for, or complicit in, incit- 9 ing a foreign person to engage in conduct de- 10 scribed in paragraph (2). 11 (2) CONDUCT DESCRIBED.—Conduct described 12 in this paragraph is any of the following, conducted 13 with respect to an individual based on the actual or 14 perceived sexual orientation, gender identity, or sex 15 characteristics of the individual: 16 (A) Cruel, inhuman, or degrading treat- 17 ment or punishment of the individual. 18 (B) Prolonged detention of the individual 19 without charges or trial. 20 (C) Causing the disappearance of the indi- 21 vidual by the abduction and clandestine deten- 22 tion of the individual. 23 (D) Other flagrant denial of the right to 24 life, liberty, or the security of the individual. 25 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 6 •S 1825 IS (3) CREDIBLE INFORMATION.—For purposes of 1 paragraph (1), credible information includes infor- 2 mation obtained by other countries or nongovern- 3 mental organizations that monitor violations of 4 human rights. 5 (b) UPDATES.—The President shall submit to the ap- 6 propriate congressional committees an update of the list 7 required by subsection (a) as new information becomes 8 available. 9 (c) REMOVAL.—A person may be removed from the 10 list required by subsection (a) if the President determines 11 and reports to the appropriate congressional committees 12 not later than 15 days before the removal of the person 13 from the list that— 14 (1) credible information exists that the person 15 did not engage in the activity for which the person 16 was added to the list; 17 (2) the person has been prosecuted appro- 18 priately for the activity; or 19 (3) the person has credibly demonstrated a sig- 20 nificant change in behavior, has paid an appropriate 21 consequence for the activity, and has credibly com- 22 mitted to not engage in an activity described in sub- 23 section (a) in the future. 24 (d) FORM.— 25 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 7 •S 1825 IS (1) IN GENERAL.—The list required by sub- 1 section (a)— 2 (A) shall, notwithstanding the require- 3 ments of section 222(f) of the Immigration and 4 Nationality Act (8 U.S.C. 1202(f)) with respect 5 to confidentiality of records pertaining to the 6 issuance or refusal of visas or permits to enter 7 the United States, be submitted in unclassified 8 form and be published in the Federal Register; 9 and 10 (B) may include a classified annex only as 11 provided in paragraph (2). 12 (2) USE OF CLASSIFIED ANNEX.—The Presi- 13 dent may include a person on the list required by 14 subsection (a) in a classified annex to the list if the 15 President— 16 (A) determines that— 17 (i) it is vital for the national security 18 interests of the United States to do so; and 19 (ii) the use of the annex, and the in- 20 clusion of the person in the annex, would 21 not undermine the overall purpose of this 22 section to publicly identify foreign persons 23 engaging in activities described in sub- 24 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 8 •S 1825 IS section (a) in order to increase account- 1 ability for such conduct; and 2 (B) not later than 15 days before including 3 the person in the annex, submits to the appro- 4 priate congressional committees notice of, and a 5 justification for, including or continuing to in- 6 clude the person in the classified annex despite 7 the existence of any publicly available credible 8 information indicating that the person engaged 9 in an activity described in subsection (a). 10 (e) PUBLIC SUBMISSION OF INFORMATION.—The 11 President shall issue public guidance, including through 12 United States diplomatic and consular posts, setting forth 13 the manner by which the names of foreign persons that 14 may meet the criteria to be included on the list required 15 by subsection (a) may be submitted to the Secretary of 16 State for evaluation. 17 (f) REQUESTS FROM APPROPRIATE CONGRESSIONAL 18 COMMITTEES.— 19 (1) CONSIDERATION OF INFORMATION.—The 20 President shall consider information provided by the 21 chairperson or ranking member of any of the appro- 22 priate congressional committees in determining 23 whether to include a foreign person on the list re- 24 quired by subsection (a). 25 VerDate Sep 11 2014 21:33 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 9 •S 1825 IS (2) REQUESTS.—Not later than 120 days after 1 receiving a written request from the chairperson or 2 ranking member of one of the appropriate congres- 3 sional committees with respect to whether a foreign 4 person meets the criteria for being added to the list 5 required by subsection (a), the President shall sub- 6 mit a response to the chairperson or ranking mem- 7 ber, as the case may be, with respect to the deter- 8 mination of the President with respect to the person. 9 (3) REMOVAL.—If the President removes from 10 the list required by subsection (a) a person that had 11 been placed on the list pursuant to a request the 12 chairperson or ranking member of one of the appro- 13 priate congressional committees under paragraph 14 (2), the President shall provide to the chairperson or 15 ranking member any information that contributed to 16 the decision to remove the person from the list. 17 (4) FORM.—The President may submit a re- 18 sponse required by paragraph (2) or (3) in classified 19 form if the President determines that it is necessary 20 for the national security interests of the United 21 States to do so. 22 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 10 •S 1825 IS SEC. 5. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE 1 FOR VIOLATIONS OF HUMAN RIGHTS OF 2 LGBTI INDIVIDUALS. 3 (a) INELIGIBILITY FOR VISAS AND ADMISSION TO 4 THE UNITED STATES.—An individual who is a foreign 5 person on the list required by section 4(a) is ineligible to 6 receive a visa to enter the United States and ineligible to 7 be admitted to the United States. 8 (b) CURRENT VISAS REVOKED AND REMOVAL FROM 9 UNITED STATES.— 10 (1) IN GENERAL.—The Secretary of State shall 11 revoke, in accordance with section 221(i) of the Im- 12 migration and Nationality Act (8 U.S.C. 1201(i)), 13 the visa or other documentation of an individual on 14 the list required by section 4(a), and the Secretary 15 of Homeland Security shall remove any such indi- 16 vidual from the United States. 17 (2) REGULATIONS REQUIRED.—Not later than 18 180 days after the date of the enactment of this Act, 19 the Secretary of State and the Secretary of Home- 20 land Security shall prescribe such regulations as are 21 necessary to carry out this subsection. 22 (c) WAIVERS.—The President may waive the applica- 23 tion of subsection (a) or (b) with respect to a foreign per- 24 son if the President— 25 (1) determines that such a waiver— 26 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 11 •S 1825 IS (A) is necessary to permit the United 1 States to comply with the Agreement regarding 2 the Headquarters of the United Nations, signed 3 at Lake Success June 26, 1947, and entered 4 into force November 21, 1947, between the 5 United Nations and the United States, the Con- 6 vention on Consular Relations, done at Vienna 7 April 24, 1963, and entered into force March 8 19, 1967, or other applicable international obli- 9 gations of the United States; or 10 (B) is in the national security interests of 11 the United States; and 12 (2) not less than 15 days before the granting 13 of the waiver, submits to the appropriate congres- 14 sional committees a notice of and justification for 15 the waiver. 16 SEC. 6. SENSE OF CONGRESS WITH RESPECT TO ADDI- 17 TIONAL SANCTIONS. 18 It is the sense of Congress that the President should 19 use existing authorities to impose targeted sanctions (in 20 addition to section 5) with respect to foreign persons on 21 the list required by section 4(a) to push for accountability 22 for flagrant denials of the right to life, liberty, or the secu- 23 rity of the person. 24 VerDate Sep 11 2014 02:55 Jun 15, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1825.IS S1825 kjohnson on DSK79L0C42 with BILLS 12 •S 1825 IS SEC. 7. REPORT TO CONGRESS. 1 Not later than one year after the date of the enact- 2 ment of this Act, and annually thereafter, the Secretary 3 of State shall submit to the appropriate congressional 4 committees a report on— 5 (1) the actions taken to carry out this Act, in- 6 cluding— 7 (A) the number of foreign persons added 8 to or removed from the list required by section 9 4(a) during the year preceding the report, the 10 dates on which those persons were added or re- 11 moved, and the reasons for adding or removing 12 those persons; and 13 (B) in each report after the first such re- 14 port, an analysis that compares increases or de- 15 creases in the number of persons added to or 16 removed from the list year-over-year and the 17 reasons for such increase [Text truncated for display. Full text available on Congress.gov.]