,,ii #aaeth ,,congress #ast ,session ,s4 #aagb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjag,mrs4 ,shaheen 7for herself1 ,ms4 ,murkowski1 ,mr4 ,blumenthal1 ,mr4 ,portman1 ,mr4 ,murphy1 ,ms4 ,collins1 ,mr4 ,markey1 ,mr4 ,merkley1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights against lesbian1 gay1 bisexual1 and transgender 7,,lgbt7 individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,global ,respect ,act of #bjag4 #b4 ,findings ,congress finds the following3 7#a7 ,the dignity1 freedom1 and equality of all human beings are fundamental to a thriving global community4 7#b7 ,the rights to life1 liberty1 and security of the person1 the right to privacy1 and the right to freedom of expression and association are fundamental rights4 7#c7 ,an alarming trend of violence directed at lesbian1 gay1 bisexual1 and transgender 7in this section referred to as ,,lgbt7 individuals around the world continues4 7#d7 ,more than one-third of all countries have laws criminalizing consensual same-sex relations1 and countries such as ,nigeria1 the ,russian ,federation1 ,uganda1 and ,kyrgyzstan have recently considered or passed legislation that would further target ,,lgbt individuals4 7#e7 ,every year thousands of individuals around the world are targeted for harassment1 attack1 arrest1 and murder on the basis of their sexual orientation or gender identity4 7#f7 ,persons who commit crimes against ,,lgbt individuals often do so with impunity1 and are not held accountable for their crimes4 7#g7 ,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 ,,lgbt individuals4 7#h7 ,in many instances1 police1 prison1 military1 and civilian government authorities have been directly complicit in abuses aimed at ,,lgbt individuals1 including arbitrary arrest1 torture1 and sexual abuse4 7#i7 ,celebrations of ,,lgbt individuals and communities1 such as film festivals1 ,pride events1 and demonstrations are often forced underground due to inaction on the part of1 or harassment by1 local law enforcement and government officials1 in violation of freedoms of assembly and expression4 7#aj7 ,laws criminalizing consensual same-sex relations severely hinder access to ,,hiv_/,,aids treatment1 information1 and preventive measures for ,,lgbt individuals and families4 7#aa7 ,many countries are making positive developments in the protection of the basic human rights of ,,lgbt individuals4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,foreign person ,the term foreign person has the meaning given that term in section #eie4cjd of title #ca1 ,code of ,federal ,regulations 7as in effect on the day before the date of the enactment of this ,act74 #d4 ,identification of foreign persons responsible for gross violations of human rights 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter1 the ,president shall submit to the appropriate congressional committees a list of each foreign person that the ,president determines1 based on credible information-- 7#a7 is responsible for or complicit in torture1 cruel1 inhuman1 or degrading treatment or punishment1 prolonged detention without charges and trial1 causing disappearance by abduction and clandestine detention1 or other flagrant denials of the right to life1 liberty1 or security of the person based on actual or perceived sexual orientation or gender identity2 7#b7 acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph 7#a72 or 7#c7 is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph 7#a74 7b7 ,updates ,the ,president shall submit to the appropriate congressional committees an update of the list required by subsection 7a7 as new information becomes available4 7c7 ,guidance relating to submission of certain information ,the ,secretary of ,state shall issue public guidance1 including through ,united ,states diplomatic and consular posts1 relating to how names of foreign persons who may be included on the list required by subsection 7a7 may be submitted to the ,department of ,state4 7d7 ,form 7#a7 ,in general ,the list required by subsection 7a7 shall be submitted in unclassified form4 7#b7 ,exception ,the name of a foreign person to be included in the list required by subsection 7a7 may be submitted in a classified annex only if the ,president-- 7,a7 determines that it is vital for the national security interests of the ,united ,states to do so2 7,b7 uses the annex in a manner consistent with congressional intent and the purposes of this ,act2 and 7,c7 not later than #ae days before submitting the name in a classified annex1 provides to the appropriate congressional committees notice of1 and a justification for1 including or continuing to include each foreign person in the classified annex despite any publicly available credible information indicating that the foreign person engaged in an activity described in subsection 7a74 7#c7 ,consideration of certain information ,in preparing the list required by subsection 7a71 the ,president shall consider-- 7,a7 information provided by the chairperson or ranking member of each of the appropriate congressional committees2 and 7,b7 credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights4 7#d7 ,public availability ,the unclassified portion of the list required by subsection 7a7 shall be made available to the public and published in the ,federal ,register4 7e7 ,removal from list ,a foreign person may be removed from the list required by subsection 7a7 if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the removal of the foreign person from the list that-- 7#a7 credible information exists that the foreign person did not engage in the activity for which the foreign person was added to the list2 7#b7 the foreign person has been prosecuted appropriately for the activity in which the foreign person engaged2 or 7#c7 the foreign person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activities in which the foreign person engaged1 and has credibly committed to not engage in an activity described in subsection 7a74 7f7 ,requests by chairperson or ranking member of appropriate congressional committees 7#a7 ,in general ,not later than #abj 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 7a71 the ,president shall submit a response to that chairperson or ranking member1 as the case may be1 with respect to the status of that foreign person4 7#b7 ,form ,the ,president may submit a response required by paragraph 7#a7 in classified form if the ,president determines that it is necessary for the national security interests of the ,united ,states to do so4 7#c7 ,removal 7,a7 ,in general ,if the ,president removes a foreign person from the list required by subsection 7a71 the ,president shall provide the chairpersons and ranking members of the appropriate congressional committees with any information that contributed to the decision to remove the foreign person from the list4 7,b7 ,form of information ,the ,president may submit the information required by subparagraph 7,a7 in classified form if the ,president determines that it is necessary to the national security interests of the ,united ,states to do so4 7g7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president shall publish the list required by subsection 7a7 without regard to the requirements of section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states4 #e4 ,inadmissibility of certain individuals 7a7 ,ineligibility for visas and admission to the ,united ,states ,an individual who is a foreign person on the list required by section #d7;a7 is ineligible to receive a visa to enter the ,united ,states and ineligible to be admitted to the ,united ,states4 7b7 ,current visas revoked and removal from ,united ,states ,the ,secretary of ,state shall revoke1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection 7a71 and the ,secretary of ,homeland ,security shall remove from the ,united ,states such an individual4 7c7 ,waiver for national security interests 7#a7 ,in general ,the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with the ,president1 may waive the application of subsection 7a7 or 7b71 as the case may be1 in the case of an individual if-- 7,a7 the ,secretaries determine that such a waiver-- 7i7 is necessary to permit the ,united ,states to comply with the ,agreement between the ,united ,nations and the ,united ,states of ,america regarding the ,headquarters of the ,united ,nations1 signed ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 or other applicable international obligations of the ,united ,states2 or 7ii7 is in the national security interests of the ,united ,states2 and 7,b7 before granting the waiver1 the ,secretaries provide to the appropriate congressional committees notice of1 and a justification for1 the waiver4 7#b7 ,timing for notice of certain waivers ,in the case of a waiver under subparagraph 7,a77ii7 of paragraph 7#a71 the ,secretary of ,state and the ,secretary of ,homeland ,security shall submit the notice required by subparagraph 7,b7 of such paragraph not later than #ae days before granting the waiver4 7d7 ,regulatory authority ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state and the ,secretary of ,homeland ,security shall prescribe such regulations as are necessary to carry out this section4 #f4 ,report to ,congress ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,president1 acting through the ,secretary of ,state1 shall submit to the appropriate congressional committees a report on-- 7#a7 the actions taken to carry out this ,act1 including-- 7,a7 the number of foreign persons added to or removed from the list required by section #d7;a7 during the year preceding the report1 the dates on which those persons were added or removed1 and the reasons for adding or removing those persons2 and 7,b7 an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons for those increases or decreases2 and 7#b7 efforts by the executive branch to coordinate with the governments of other countries to1 as appropriate1 impose sanctions that are similar to the sanctions imposed under this ,act4 #g4 ,discrimination related to sexual orientation or gender identity 7a7 ,tracking violence or criminalization related to sexual orientation or gender identity ,the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor shall designate a senior officer or officers of the ,bureau for ,democracy1 ,human ,rights1 and ,labor who shall be responsible for tracking violence1 criminalization1 and restrictions on the enjoyment of fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity4 7b7 ,annual country reports on human rights practices ,the ,foreign ,assistance ,act of #aifa is amended-- 7#a7 in section #aaf7;d7 7#bb ,u4,s4,c4 #baean7d77-- 7,a7 in paragraph 7#aa77;,c71 by striking and at the end2 7,b7 in paragraph 7#ab77;,c77ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ac7 wherever applicable1 violence or discrimination that affects the fundamental freedoms1 including widespread or systematic violation of the freedoms of expression1 association1 or assembly1 of individuals in foreign countries that is based on actual or perceived sexual orientation or gender identity4 2 and 7#b7 in section #ejb;,b7b7 7#bb ,u4,s4,c4 #bcjd7;b771 by inserting after the ninth sentence the following3 ,wherever applicable1 such report shall also include information regarding violence or discrimination that affects the fundamental freedoms1 including widespread or systematic violation of the freedoms of expression1 association1 or assembly1 of individuals in foreign countries that is based on actual or perceived sexual orientation or gender identity44