,,ii #aafth ,,congress #ast ,session ,s4 #ahbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ac1 #bjai,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 violations of the human rights of lesbian1 gay1 bisexual1 transgender1 and intersex 7,,lgbti7 individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,global ,respect ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 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 human rights4 7#c7 ,an alarming trend of violence directed at lesbian1 gay1 bisexual1 transgender1 and intersex 7commonly referred to as ,,lgbti7 individuals around the world continues4 7#d7 ,approximately one-third of all countries have laws criminalizing consensual same-sex relations1 and many have enacted policies or laws that would further target ,,lgbti 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 ,those who commit crimes against ,,lgbti 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 ,,lgbti individuals4 7#h7 ,in many instances1 police1 prison1 military1 and civilian government authorities have been directly complicit in abuses aimed at ,,lgbti citizens1 including arbitrary arrest1 torture1 and sexual abuse4 7#i7 ,celebrations of ,,lgbti 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 ,,lgbti individuals and families4 7#aa7 ,many countries are making positive developments in the protection of the basic human rights of ,,lgbti individuals4 #c4 ,definitions ,in this ,act3 7#a7 ,admission2 admitted ,the terms admission and admitted have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#c7 ,foreign person ,the term foreign person means-- 7,a7 an individual who is a citizen or national of a foreign country 7including any such individual who is also a citizen or national of the ,united ,states71 including leaders or officials of governmental entities of a foreign country2 or 7,b7 any entity not organized solely under the laws of the ,united ,states or existing solely in the ,united ,states1 including governmental entities of a foreign country4 #d4 ,identification of foreign persons responsible for violations of human rights of ,,lgbti individuals 7a7 ,list required 7#a7 ,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 information1 on or after such date of enactment-- 7,a7 engages in1 is responsible for1 or is complicit in1 conduct described in paragraph 7#b72 7,b7 acts as an agent of or on behalf of a foreign person in a matter relating to conduct described in paragraph 7#b72 or 7,c7 is responsible for1 or complicit in1 inciting a foreign person to engage in conduct described in paragraph 7#b74 7#b7 ,conduct described ,conduct described in this paragraph is any of the following1 conducted with respect to an individual based on the actual or perceived sexual orientation1 gender identity1 or sex characteristics of the individual3 7,a7 ,cruel1 inhuman1 or degrading treatment or punishment of the individual4 7,b7 ,prolonged detention of the individual without charges or trial4 7,c7 ,causing the disappearance of the individual by the abduction and clandestine detention of the individual4 7,d7 ,other flagrant denial of the right to life1 liberty1 or the security of the individual4 7#c7 ,credible information ,for purposes of paragraph 7#a71 credible information includes information obtained by other countries or nongovernmental organizations that monitor violations of human rights4 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 ,removal ,a 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 person from the list that-- 7#a7 credible information exists that the person did not engage in the activity for which the person was added to the list2 7#b7 the person has been prosecuted appropriately for the activity2 or 7#c7 the person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activity1 and has credibly committed to not engage in an activity described in subsection 7a7 in the future4 7d7 ,form 7#a7 ,in general ,the list required by subsection 7a7-- 7,a7 shall1 notwithstanding 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 ,states1 be submitted in unclassified form and be published in the ,federal ,register2 and 7,b7 may include a classified annex only as provided in paragraph 7#b74 7#b7 ,use of classified annex ,the ,president may include a person on the list required by subsection 7a7 in a classified annex to the list if the ,president-- 7,a7 determines that-- 7i7 it is vital for the national security interests of the ,united ,states to do so2 and 7ii7 the use of the annex1 and the inclusion of the person in the annex1 would not undermine the overall purpose of this section to publicly identify foreign persons engaging in activities described in subsection 7a7 in order to increase accountability for such conduct2 and 7,b7 not later than #ae days before including the person in the annex1 submits to the appropriate congressional committees notice of1 and a justification for1 including or continuing to include the person in the classified annex despite the existence of any publicly available credible information indicating that the person engaged in an activity described in subsection 7a74 7e7 ,public submission of information ,the ,president shall issue public guidance1 including through ,united ,states diplomatic and consular posts1 setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required by subsection 7a7 may be submitted to the ,secretary of ,state for evaluation4 7f7 ,requests from appropriate congressional committees 7#a7 ,consideration of information ,the ,president shall consider information provided by the chairperson or ranking member of any of the appropriate congressional committees in determining whether to include a foreign person on the list required by subsection 7a74 7#b7 ,requests ,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 the chairperson or ranking member1 as the case may be1 with respect to the determination of the ,president with respect to the person4 7#c7 ,removal ,if the ,president removes from the list required by subsection 7a7 a person that had been placed on the list pursuant to a request the chairperson or ranking member of one of the appropriate congressional committees under paragraph 7#b71 the ,president shall provide to the chairperson or ranking member any information that contributed to the decision to remove the person from the list4 7#d7 ,form ,the ,president may submit a response required by paragraph 7#b7 or 7#c7 in classified form if the ,president determines that it is necessary for the national security interests of the ,united ,states to do so4 #e4 ,inadmissibility of individuals responsible for violations of human rights of ,,lgbti 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 7#a7 ,in general ,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 on the list required by section #d7;a71 and the ,secretary of ,homeland ,security shall remove any such individual from the ,united ,states4 7#b7 ,regulations required ,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 subsection4 7c7 ,waivers ,the ,president may waive the application of subsection 7a7 or 7b7 with respect to a foreign person if the ,president-- 7#a7 determines that such a waiver-- 7,a7 is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and entered into force ,march #ai1 #aifg1 or other applicable international obligations of the ,united ,states2 or 7,b7 is in the national security interests of the ,united ,states2 and 7#b7 not less than #ae days before the granting of the waiver1 submits to the appropriate congressional committees a notice of and justification for the waiver4 #f4 ,sense of ,congress with respect to additional sanctions ,it is the sense of ,congress that the ,president should use existing authorities to impose targeted sanctions 7in addition to section #e7 with respect to foreign persons on the list required by section #d7;a7 to push for accountability for flagrant denials of the right to life1 liberty1 or the security of the person4 #g4 ,report to ,congress ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state 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 in each report after the first such report1 an analysis that compares increases or decreases in the number of persons added to or removed from the list year-over-year and the reasons for such increases or decreases2 and 7#b7 any efforts by the ,president to coordinate with the governments of other countries1 as appropriate1 to impose sanctions that are similar to the sanctions imposed under this ,act4 #h4 ,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 ,bureau-based senior officer or officers 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#ab7-- 7i7 in subparagraph 7,b71 by striking and at the end2 and 7ii7 in subparagraph 7,c77ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#ac7 wherever applicable1 violence or discrimination that affects the fundamental freedoms1 including widespread or systematic violation of the freedoms of expression1 association1 or assembly of an individual 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 each report under this section 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 assembly of an individual in foreign countries that is based on actual or perceived sexual orientation1 gender identity1 or sex characteristics44