Global Respect Act

I 116TH CONGRESS 1ST SESSION H. R. 3252 To impose sanctions on foreign persons responsible for violations of inter- nationally recognized human rights against lesbian, gay, bisexual, transgender, or intersex (LGBTI) individuals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 13, 2019 Mr. CICILLINE (for himself, Ms. BONAMICI, Mr. BEYER, Mr. BROWN of Mary- land, Ms. BROWNLEY of California, Ms. CLARK of Massachusetts, Mr. CARBAJAL, Mr. CONNOLLY, Mr. CUMMINGS, Mr. DEUTCH, Mr. DESAULNIER, Ms. FRANKEL, Mr. GALLEGO, Mr. GOTTHEIMER, Mr. GRI- JALVA, Mr. HIMES, Mr. HUFFMAN, Ms. JACKSON LEE, Mr. KEATING, Ms. KELLY of Illinois, Mr. KILDEE, Mr. KILMER, Mr. KIND, Mr. LAN- GEVIN, Ms. LEE of California, Mr. LEVIN of Michigan, Mr. LOWENTHAL, Mr. NADLER, Mrs. CAROLYN B. MALONEY of New York, Mr. MCGOV- ERN, Mr. MEEKS, Ms. MENG, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PASCRELL, Mr. PAPPAS, Mr. PALLONE, Ms. PINGREE, Mr. POCAN, Miss RICE of New York, Ms. SCHAKOWSKY, Mr. SMITH of Wash- ington, Mr. SOTO, Ms. SPEIER, Mr. TAKANO, Ms. TITUS, Mrs. TORRES of California, Mrs. WATSON COLEMAN, Ms. WASSERMAN SCHULTZ, Mr. ENGEL, Mrs. KIRKPATRICK, and Mrs. LOWEY) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in ad- dition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions on foreign persons responsible for viola- tions of internationally recognized human rights against lesbian, gay, bisexual, transgender, or intersex (LGBTI) individuals, and for other purposes. VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 2 •HR 3252 IH 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 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) The dignity, freedom, and equality of all 7 human beings are fundamental to a thriving global 8 community. 9 (2) The rights to life, liberty, and security of 10 the person, the right to privacy, and the right to 11 freedom of expression and association are funda- 12 mental human rights. 13 (3) An alarming trend of violence directed at 14 LGBTI individuals around the world continues. 15 (4) Approximately one-third of all countries 16 have laws criminalizing consensual same-sex rela- 17 tions, and many have enacted policies or laws that 18 would further target LGBTI individuals. 19 (5) Every year thousands of individuals around 20 the world are targeted for harassment, attack, ar- 21 rest, and murder on the basis of their sexual ori- 22 entation or gender identity. 23 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 3 •HR 3252 IH (6) Those who commit crimes against LGBTI 1 individuals often do so with impunity, and are not 2 held accountable for their crimes. 3 (7) Homophobic and transphobic statements by 4 government officials in many countries in every re- 5 gion of the world promote negative public attitudes 6 and can lead to violence toward LGBTI individuals. 7 (8) In many instances police, prison, military, 8 and civilian government authorities have been di- 9 rectly complicit in abuses aimed at LGBTI citizens, 10 including arbitrary arrest, torture, and sexual abuse. 11 (9) Celebrations of LGBTI individuals and 12 communities, such as film festivals, Pride events, 13 and demonstrations are often forced underground 14 due to inaction on the part of, or harassment by, 15 local law enforcement and government officials, in 16 violation of freedoms of assembly and expression. 17 (10) Laws criminalizing consensual same-sex 18 relations severely hinder access to HIV/AIDS treat- 19 ment, information, and preventive measures for 20 LGBTI individuals and families. 21 (11) Many countries are making positive devel- 22 opments in the protection of the basic human rights 23 of LGBTI individuals. 24 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 4 •HR 3252 IH SEC. 3. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 1 VIOLATIONS OF HUMAN RIGHTS AGAINST 2 LGBTI PEOPLE. 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 the 7 President determines, based on credible information, in- 8 cluding information obtained by other countries or by non- 9 governmental organizations that monitor violations of 10 human rights— 11 (1) is responsible for or complicit in, with re- 12 spect to persons based on actual or perceived sexual 13 orientation, gender identity, or sex characteristics— 14 (A) cruel, inhuman, or degrading treat- 15 ment or punishment; 16 (B) prolonged detention without charges 17 and trial; 18 (C) causing the disappearance of such per- 19 sons by the abduction and clandestine detention 20 of such persons; or 21 (D) other flagrant denial of the right to 22 life, liberty, or the security of such persons; 23 (2) acted as an agent of or on behalf of a for- 24 eign person in a matter relating to an activity de- 25 scribed in paragraph (1); or 26 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 5 •HR 3252 IH (3) is responsible for or complicit in inciting a 1 foreign person to engage in an activity described in 2 paragraph (1). 3 (b) FORM; UPDATES; REMOVAL.— 4 (1) FORM.—The list required by subsection (a) 5 shall be transmitted in unclassified form and pub- 6 lished in the Federal Register without regard to the 7 requirements of section 222(f) of the Immigration 8 and Nationality Act (8 U.S.C. 1202(f)) with respect 9 to confidentiality of records pertaining to the 10 issuance or refusal of visas or permits to enter the 11 United States, except that the President may include 12 a foreign person in a classified, unpublished annex 13 to such list if the President— 14 (A) determines that— 15 (i) it is vital for the national security 16 interests of the United States to do so; and 17 (ii) the use of such annex, and the in- 18 clusion of such person in such annex, 19 would not undermine the overall purpose of 20 this section to publicly identify foreign per- 21 sons engaging in the conduct described in 22 subsection (a) in order to increase account- 23 ability for such conduct; and 24 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 6 •HR 3252 IH (B) not later than 15 days before including 1 such person in a classified annex, provides to 2 the appropriate congressional committees notice 3 of, and a justification for, including or con- 4 tinuing to include each foreign person in such 5 annex despite the existence of any publicly 6 available credible information indicating that 7 each such foreign person engaged in an activity 8 described in subsection (a). 9 (2) UPDATES.—The President shall transmit to 10 the appropriate congressional committees an update 11 of the list required by subsection (a) as new infor- 12 mation becomes available. 13 (3) REMOVAL.—A foreign person may be re- 14 moved from the list required by subsection (a) if the 15 President determines and reports to the appropriate 16 congressional committees not later than 15 days be- 17 fore the removal of such person from such list 18 that— 19 (A) credible information exists that such 20 person did not engage in the activity for which 21 the person was included in such list; 22 (B) such person has been prosecuted ap- 23 propriately for the activity in which such person 24 engaged; or 25 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 7 •HR 3252 IH (C) such person has credibly demonstrated 1 a significant change in behavior, has paid an 2 appropriate consequence for the activities in 3 which such person engaged, and has credibly 4 committed to not engage in an activity de- 5 scribed in subsection (a). 6 (c) PUBLIC SUBMISSION OF INFORMATION.—The 7 President shall issue public guidance, including through 8 United States diplomatic and consular posts, setting forth 9 the manner by which the names of foreign persons that 10 may meet the criteria to be included on the list required 11 by subsection (a) may be submitted to the Department 12 of State for evaluation. 13 (d) REQUESTS FROM CHAIR AND RANKING MEMBER 14 OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 15 (1) CONSIDERATION OF INFORMATION.—In ad- 16 dition to the guidance issued pursuant to subsection 17 (c), the President shall also consider information 18 provided by the Chair or Ranking Member of each 19 of the appropriate congressional committees in de- 20 termining whether to include a foreign person in the 21 list required by subsection (a). 22 (2) REQUESTS.—Not later than 120 days after 23 receiving a written request from the Chair or Rank- 24 ing Member of one of the appropriate congressional 25 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 8 •HR 3252 IH committees with respect to whether a foreign person 1 meets the criteria for being included in the list re- 2 quired by subsection (a), the President shall trans- 3 mit a response to such Chair or Ranking Member, 4 as the case may be, with respect to the President’s 5 determination relating to such foreign person. 6 (3) REMOVAL.—If the President removes from 7 the list required by subsection (a) a foreign person 8 that had been included in such list pursuant to a re- 9 quest under paragraph (2), the President shall pro- 10 vide to the relevant Chair or Ranking Member of 11 one of the appropriate congressional committees any 12 information that contributed to such decision. 13 (4) FORM.—The President may transmit a re- 14 sponse required by paragraph (2) or paragraph (3) 15 in classified form if the President determines that it 16 is necessary for the national security interests of the 17 United States to do so. 18 (e) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 19 (1) INELIGIBILITY FOR VISAS AND ADMISSION 20 TO THE UNITED STATES.—A foreign person on the 21 list required by subsection (a) is— 22 (A) inadmissible to the United States; 23 (B) ineligible to receive a visa or other doc- 24 umentation to enter the United States; and 25 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 9 •HR 3252 IH (C) otherwise ineligible to be admitted or 1 paroled into the United States or to receive any 2 other benefit under the Immigration and Na- 3 tionality Act (8 U.S.C. 1101 et seq.). 4 (2) CURRENT VISAS REVOKED.— 5 (A) IN GENERAL.—The issuing consular 6 officer or the Secretary of State, (or a designee 7 of the Secretary of State) shall, in accordance 8 with section 221(i) of the Immigration and Na- 9 tionality Act (8 U.S.C. 1201(i)), revoke any 10 visa or other entry documentation issued to a 11 foreign person on the list required by subsection 12 (a) regardless of when the visa or other entry 13 documentation is issued. 14 (B) EFFECT OF REVOCATION.—A revoca- 15 tion under subparagraph (A) shall— 16 (i) take effect immediately; and 17 (ii) automatically cancel any other 18 valid visa or entry documentation that is in 19 the foreign person’s possession. 20 (C) REGULATIONS REQUIRED.—Not later 21 than 180 days after the date of the enactment 22 of this Act, the Secretary of State shall pre- 23 scribe such regulations as are necessary to 24 carry out this subsection. 25 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 10 •HR 3252 IH (D) EXCEPTION TO COMPLY WITH INTER- 1 NATIONAL OBLIGATIONS.—Sanctions under this 2 subsection shall not apply with respect to a for- 3 eign person if admitting or paroling such per- 4 son into the United States is necessary to per- 5 mit the United States to comply with the 6 Agreement regarding the Headquarters of the 7 United Nations, signed at Lake Success, June 8 26, 1947, and entered into force November 21, 9 1947, between the United Nations and the 10 United States, or other applicable international 11 obligations. 12 (3) SENSE OF CONGRESS WITH RESPECT TO 13 ADDITIONAL SANCTIONS.—It is the sense of Con- 14 gress that the President should impose additional 15 targeted sanctions with respect to foreign persons on 16 the list required by subsection (a) to push for ac- 17 countability for flagrant denials of the right to life, 18 liberty, or the security of the person, through the 19 use of designations and targeted sanctions provided 20 for such conduct under other existing authorities. 21 (4) WAIVERS IN THE INTEREST OF NATIONAL 22 SECURITY.— 23 (A) IN GENERAL.—The President may 24 waive the application of paragraph (1) or (2) 25 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinns on DSK79D2C42PROD with BILLS 11 •HR 3252 IH with respect to a foreign person included in the 1 list required by subsection (a) if the President 2 determines and transmits to the appropriate 3 congressional committees notice and justifica- 4 tion, that such a waiver— 5 (i) is necessary to permit the United 6 States to comply with the Agreement be- 7 tween the United Nations and the United 8 States of America regarding the Head- 9 quarters of the United Nations, signed 10 June 26, 1947, and entered into force No- 11 vember 21, 1947, or other applicable inter- 12 national obligations of the United States; 13 or 14 (ii) is in the national security interests 15 of the United States. 16 (B) TIMING OF CERTAIN WAIVERS.—A 17 waiver pursuant to a determination under 18 clause (ii) of subparagraph (A) shall be trans- 19 mitted not later than 15 days before the grant- 20 ing of such waiver. 21 (f) REPORT TO CONGRESS.—Not later than one year 22 after the date of the enactment of this Act and annually 23 thereafter, the President, acting through the Secretary of 24 VerDate Sep 11 2014 00:24 Jun 20, 2019 Jkt 034408 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3252.IH H3252 pbinn [Text truncated for display. 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