II 

115TH CONGRESS 

1ST SESSION S. 1170 

To impose sanctions with respect to foreign persons responsible for gross 

violations of internationally recognized human rights against lesbian, 

gay, bisexual, and transgender (LGBT) individuals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2017 

Mrs. SHAHEEN introduced the following bill; 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 lesbian, gay, bisexual, and 

transgender (LGBT) individuals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Global Respect Act 

5 of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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1 (1) The dignity, freedom, and equality of all 

2 human beings are fundamental to a thriving global 

3 community. 

4 (2) The rights to life, liberty, and security of 

5 the person, the right to privacy, and the right to 

6 freedom of expression and association are funda7 mental rights. 

8 (3) An alarming trend of violence directed at 

9 lesbian, gay, bisexual, and transgender (in this sec10 tion referred to as ‘‘LGBT’’) individuals around the 

11 world continues. 

12 (4) More than one-third of all countries have 

13 laws criminalizing consensual same-sex relations, 

14 and countries such as Nigeria, the Russian Federa15 tion, Uganda, and Kyrgyzstan have recently consid16 ered or passed legislation that would further target 

17 LGBT individuals. 

18 (5) Every year thousands of individuals around 

19 the world are targeted for harassment, attack, ar20 rest, and murder on the basis of their sexual ori21 entation or gender identity. 

22 (6) Persons who commit crimes against LGBT 

23 individuals often do so with impunity, and are not 

24 held accountable for their crimes. 

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1 (7) Homophobic and transphobic statements by 

2 government officials in many countries in every re3 gion of the world promote negative public attitudes 

4 and can lead to violence toward LGBT individuals. 

5 (8) In many instances, police, prison, military, 

6 and civilian government authorities have been di7 rectly complicit in abuses aimed at LGBT individ8 uals, including arbitrary arrest, torture, and sexual 

9 abuse. 

10 (9) Celebrations of LGBT individuals and com11 munities, such as film festivals, Pride events, and 

12 demonstrations are often forced underground due to 

13 inaction on the part of, or harassment by, local law 

14 enforcement and government officials, in violation of 

15 freedoms of assembly and expression. 

16 (10) Laws criminalizing consensual same-sex 

17 relations severely hinder access to HIV/AIDS treat18 ment, information, and preventive measures for 

19 LGBT individuals and families. 

20 (11) Many countries are making positive devel21 opments in the protection of the basic human rights 

22 of LGBT individuals. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 

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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Foreign Relations, the Com6 mittee on Homeland Security and Govern7 mental Affairs, and the Committee on the Judi8 ciary of the Senate; and 

9 (B) the Committee on Armed Services, the 

10 Committee on Foreign Affairs, the Committee 

11 on Homeland Security, and the Committee on 

12 the Judiciary of the House of Representatives. 

13 (2) FOREIGN PERSON.—The term ‘‘foreign per14 son’’ has the meaning given that term in section 

15 595.304 of title 31, Code of Federal Regulations (as 

16 in effect on the day before the date of the enactment 

17 of this Act). 

18 SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPON19 SIBLE FOR GROSS VIOLATIONS OF HUMAN 

20 RIGHTS. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, and every 180 days 

23 thereafter, the President shall submit to the appropriate 

24 congressional committees a list of each foreign person that 

25 the President determines, based on credible information— 

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1 (1) is responsible for or complicit in torture, 

2 cruel, inhuman, or degrading treatment or punish3 ment, prolonged detention without charges and trial, 

4 causing disappearance by abduction and clandestine 

5 detention, or other flagrant denials of the right to 

6 life, liberty, or security of the person based on actual 

7 or perceived sexual orientation or gender identity; 

8 (2) acted as an agent of or on behalf of a for9 eign person in a matter relating to an activity de10 scribed in paragraph (1); or 

11 (3) is responsible for or complicit in inciting a 

12 foreign person to engage in an activity described in 

13 paragraph (1). 

14 (b) UPDATES.—The President shall submit to the ap15 propriate congressional committees an update of the list 

16 required by subsection (a) as new information becomes 

17 available. 

18 (c) GUIDANCE RELATING TO SUBMISSION OF CER19 TAIN INFORMATION.—The Secretary of State shall issue 

20 public guidance, including through United States diplo21 matic and consular posts, relating to how names of foreign 

22 persons who may be included on the list required by sub23 section (a) may be submitted to the Department of State. 

24 (d) FORM.— 

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1 (1) IN GENERAL.—The list required by sub2 section (a) shall be submitted in unclassified form. 

3 (2) EXCEPTION.—The name of a foreign person 

4 to be included in the list required by subsection (a) 

5 may be submitted in a classified annex only if the 

6 President— 

7 (A) determines that it is vital for the na8 tional security interests of the United States to 

9 do so; 

10 (B) uses the annex in a manner consistent 

11 with congressional intent and the purposes of 

12 this Act; and 

13 (C) not later than 15 days before submit14 ting the name in a classified annex, provides to 

15 the appropriate congressional committees notice 

16 of, and a justification for, including or con17 tinuing to include each foreign person in the 

18 classified annex despite any publicly available 

19 credible information indicating that the foreign 

20 person engaged in an activity described in sub21 section (a). 

22 (3) CONSIDERATION OF CERTAIN INFORMA23 TION.—In preparing the list required by subsection 

24 (a), the President shall consider— 

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1 (A) information provided by the chair2 person or ranking member of each of the appro3 priate congressional committees; and 

4 (B) credible information obtained by other 

5 countries and nongovernmental organizations 

6 that monitor violations of human rights. 

7 (4) PUBLIC AVAILABILITY.—The unclassified 

8 portion of the list required by subsection (a) shall be 

9 made available to the public and published in the 

10 Federal Register. 

11 (e) REMOVAL FROM LIST.—A foreign person may be 

12 removed from the list required by subsection (a) if the 

13 President determines and reports to the appropriate con14 gressional committees not later than 15 days before the 

15 removal of the foreign person from the list that— 

16 (1) credible information exists that the foreign 

17 person did not engage in the activity for which the 

18 foreign person was added to the list; 

19 (2) the foreign person has been prosecuted ap20 propriately for the activity in which the foreign per21 son engaged; or 

22 (3) the foreign person has credibly dem23 onstrated a significant change in behavior, has paid 

24 an appropriate consequence for the activities in 

25 which the foreign person engaged, and has credibly 

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1 committed to not engage in an activity described in 

2 subsection (a). 

3 (f) REQUESTS BY CHAIRPERSON OR RANKING MEM4 BER OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 

5 (1) IN GENERAL.—Not later than 120 days 

6 after receiving a written request from the chair7 person or ranking member of one of the appropriate 

8 congressional committees with respect to whether a 

9 foreign person meets the criteria for being added to 

10 the list required by subsection (a), the President 

11 shall submit a response to that chairperson or rank12 ing member, as the case may be, with respect to the 

13 status of that foreign person. 

14 (2) FORM.—The President may submit a re15 sponse required by paragraph (1) in classified form 

16 if the President determines that it is necessary for 

17 the national security interests of the United States 

18 to do so. 

19 (3) REMOVAL.— 

20 (A) IN GENERAL.—If the President re21 moves a foreign person from the list required by 

22 subsection (a), the President shall provide the 

23 chairpersons and ranking members of the ap24 propriate congressional committees with any inVerDate Sep 11 2014 02:09 May 23, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1170.IS S1170
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1 formation that contributed to the decision to re2 move the foreign person from the list. 

3 (B) FORM OF INFORMATION.—The Presi4 dent may submit the information required by 

5 subparagraph (A) in classified form if the 

6 President determines that it is necessary to the 

7 national security interests of the United States 

8 to do so. 

9 (g) NONAPPLICABILITY OF CONFIDENTIALITY RE10 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

11 President shall publish the list required by subsection (a) 

12 without regard to the requirements of section 222(f) of 

13 the Immigration and Nationality Act (8 U.S.C. 1202(f)) 

14 with respect to confidentiality of records pertaining to the 

15 issuance or refusal of visas or permits to enter the United 

16 States. 

17 SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. 

18 (a) INELIGIBILITY FOR VISAS AND ADMISSION TO

19 THE UNITED STATES.—An individual who is a foreign 

20 person on the list required by section 4(a) is ineligible to 

21 receive a visa to enter the United States and ineligible to 

22 be admitted to the United States. 

23 (b) CURRENT VISAS REVOKED AND REMOVAL FROM

24 UNITED STATES.—The Secretary of State shall revoke, in 

25 accordance with section 221(i) of the Immigration and 

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1 Nationality Act (8 U.S.C. 1201(i)), the visa or other docu2 mentation of an individual who would be ineligible to re3 ceive such a visa or documentation under subsection (a), 

4 and the Secretary of Homeland Security shall remove from 

5 the United States such an individual. 

6 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

7 (1) IN GENERAL.—The Secretary of State and 

8 the Secretary of Homeland Security, in consultation 

9 with the President, may waive the application of 

10 subsection (a) or (b), as the case may be, in the case 

11 of an individual if— 

12 (A) the Secretaries determine that such a 

13 waiver— 

14 (i) is necessary to permit the United 

15 States to comply with the Agreement be16 tween the United Nations and the United 

17 States of America regarding the Head18 quarters of the United Nations, signed 

19 June 26, 1947, and entered into force No20 vember 21, 1947, or other applicable inter21 national obligations of the United States; 

22 or 

23 (ii) is in the national security interests 

24 of the United States; and 

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1 (B) before granting the waiver, the Secre2 taries provide to the appropriate congressional 

3 committees notice of, and a justification for, the 

4 waiver. 

5 (2) TIMING FOR NOTICE OF CERTAIN WAIV6 ERS.—In the case of a waiver under subparagraph 

7 (A)(ii) of paragraph (1), the Secretary of State and 

8 the Secretary of Homeland Security shall submit the 

9 notice required by subparagraph (B) of such para10 graph not later than 15 days before granting the 

11 waiver. 

12 (d) REGULATORY AUTHORITY.—Not later than 180 

13 days after the date of the enactment of this Act, the Sec14 retary of State and the Secretary of Homeland Security 

15 shall prescribe such regulations as are necessary to carry 

16 out this section. 

17 SEC. 6. REPORT TO CONGRESS. 

18 Not later than one year after the date of the enact19 ment of this Act, and annually thereafter, the President, 

20 acting through the Secretary of State, shall submit to the 

21 appropriate congressional committees a report on— 

22 (1) the actions taken to carry out this Act, in23 cluding— 

24 (A) the number of foreign persons added 

25 to or removed from the list required by section 

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1 4(a) during the year preceding the report, the 

2 dates on which those persons were added or re3 moved, and the reasons for adding or removing 

4 those persons; and 

5 (B) an analysis that compares increases or 

6 decreases in the number of such persons year7 over-year and the reasons for those increases or 

8 decreases; and 

9 (2) efforts by the executive branch to coordinate 

10 with the governments of other countries to, as ap11 propriate, impose sanctions that are similar to the 

12 sanctions imposed under this Act. 

13 SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTA14 TION OR GENDER IDENTITY. 

15 (a) TRACKING VIOLENCE OR CRIMINALIZATION RE16 LATED TO SEXUAL ORIENTATION OR GENDER IDEN17 TITY.—The Assistant Secretary of State for Democracy, 

18 Human Rights, and Labor shall designate a senior officer 

19 or officers of the Bureau for Democracy, Human Rights, 

20 and Labor who shall be responsible for tracking violence, 

21 criminalization, and restrictions on the enjoyment of fun22 damental freedoms in foreign countries based on actual 

23 or perceived sexual orientation or gender identity. 

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1 (b) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

2 PRACTICES.—The Foreign Assistance Act of 1961 is 

3 amended— 

4 (1) in section 116(d) (22 U.S.C. 2151n(d))— 

5 (A) in paragraph (11)(C), by striking 

6 ‘‘and’’ at the end; 

7 (B) in paragraph (12)(C)(ii), by striking 

8 the period at the end and inserting ‘‘; and’’; 

9 and 

10 (C) by adding at the end the following: 

11 ‘‘(13) wherever applicable, violence or discrimi12 nation that affects the fundamental freedoms, in13 cluding widespread or systematic violation of the 

14 freedoms of expression, association, or assembly, of 

15 individuals in foreign countries that is based on ac16 tual or perceived sexual orientation or gender iden17 tity.’’; and 

18 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

19 inserting after the ninth sentence the following: 

20 ‘‘Wherever applicable, such report shall also include 

21 information regarding violence or discrimination that 

22 affects the fundamental freedoms, including wide23 spread or systematic violation of the freedoms of ex24 pression, association, or assembly, of individuals in 

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1 foreign countries that is based on actual or perceived 

2 sexual orientation or gender identity.’’. 

Æ