I 

114TH CONGRESS 

1ST SESSION H. R. 2368 

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 HOUSE OF REPRESENTATIVES 

MAY 15, 2015 

Mr. CICILLINE (for himself, Mr. ENGEL, Mr. LOWENTHAL, Mr. HONDA, Mr. 

TAKANO, Mr. MCGOVERN, Mr. KEATING, Mr. MCDERMOTT, Ms. 

FRANKEL of Florida, Ms. LEE, Mr. CA ́RDENAS, Ms. WILSON of Florida, 

Mr. POCAN, Ms. JUDY CHU of California, and Mr. RANGEL) introduced 

the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

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’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

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

4 human beings are fundamental to a thriving global 

5 community. 

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

7 the person, the right to privacy, and the right to 

8 freedom of expression and association are funda9 mental rights. 

10 (3) An alarming trend of violence directed at 

11 LGBT individuals around the 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, Russia, Uganda, and 

15 Ukraine have recently considered or passed legisla16 tion that would further target LGBT individuals. 

17 (5) Every year thousands of individuals around 

18 the world are targeted for harassment, attack, ar19 rest, and murder on the basis of their sexual ori20 entation or gender identity. 

21 (6) Those who commit crimes against LGBT 

22 individuals often do so with impunity, and are not 

23 held accountable for their crimes. 

24 (7) Homophobic and transphobic statements by 

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1 gion of the world promote negative public attitudes 

2 and can lead to violence toward LGBT individuals. 

3 (8) There are too many instances in which po4 lice, prison, military, and civilian government au5 thorities have been directly complicit in abuses 

6 aimed at LGBT citizens, including arbitrary arrest, 

7 torture, and sexual abuse. 

8 (9) Celebrations of LGBT individuals and com9 munities, such as film festivals, Pride events, and 

10 demonstrations are often forced underground due to 

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

12 enforcement and government officials, in violation of 

13 freedoms of assembly and expression. 

14 (10) Laws criminalizing consensual same-sex 

15 relations severely hinder access to HIV/AIDS treat16 ment, information, and preventive measures for 

17 LGBT individuals and families. 

18 (11) Many countries are making positive devel19 opments in the protection of the basic human rights 

20 of LGBT individuals. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) the Committee on Armed Services, the 

2 Committee on Foreign Affairs, the Committee 

3 on Homeland Security, and the Committee on 

4 the Judiciary of the House of Representatives; 

5 and 

6 (B) the Committee on Armed Services, the 

7 Committee on Foreign Relations, the Com8 mittee on Homeland Security and Govern9 mental Affairs, and the Committee on the Judi10 ciary of the Senate. 

11 (2) FOREIGN PERSON.—The term ‘‘foreign per12 son’’ means a person that is not a United States 

13 person. 

14 (3) PERSON.—The term ‘‘person’’ means an in15 dividual or entity. 

16 (4) UNITED STATES PERSON.—The term 

17 ‘‘United States person’’ means— 

18 (A) a United States citizen or an alien law19 fully admitted for permanent residence to the 

20 United States; or 

21 (B) an entity organized under the laws of 

22 the United States or of any jurisdiction within 

23 the United States, including a foreign branch of 

24 such an entity. 


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1 SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPON2 SIBLE FOR GROSS VIOLATIONS OF HUMAN 

3 RIGHTS. 

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

5 date of the enactment of this Act and biannually there6 after, the President shall transmit to the appropriate con7 gressional committees a list of each foreign person that 

8 the President determines, based on credible information— 

9 (1) is responsible for or complicit in the 

10 extrajudicial killing, torture, or other gross violation 

11 of internationally recognized human rights, including 

12 widespread or systematic violation of the funda13 mental freedoms of expression, association, or as14 sembly, committed against an individual in a foreign 

15 country based on actual or perceived sexual orienta16 tion or gender identity; 

17 (2) acted as an agent of or on behalf of a for18 eign person in a matter relating to an activity de19 scribed in paragraph (1); or 

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

21 foreign person to engage in an activity described in 

22 paragraph (1). 

23 (b) UPDATES.—The President shall transmit to the 

24 appropriate congressional committees an update of the list 

25 required by subsection (a) as new information becomes 

26 available. 


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1 (c) GUIDANCE RELATING TO SUBMISSION OF CER2 TAIN INFORMATION.—The Secretary of State shall issue 

3 public guidance, including through United States diplo4 matic and consular posts, relating to how names of foreign 

5 persons who may be included on the list required by sub6 section (a) may be submitted to the Department of State. 

7 (d) FORM.— 

8 (1) IN GENERAL.—The list required by sub9 section (a) shall be transmitted in unclassified form. 

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

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

12 may be transmitted in a classified annex only if the 

13 President— 

14 (A) determines that it is vital for the na15 tional security interests of the United States to 

16 do so; 

17 (B) uses the annex in a manner consistent 

18 with congressional intent and the purposes of 

19 this Act; and 

20 (C) not later than 15 days before transmit21 ting the name in a classified annex, provides to 

22 the appropriate congressional committees notice 

23 of, and a justification for, including or con24 tinuing to include each foreign person in the 

25 classified annex despite any publicly available 


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1 credible information indicating that the foreign 

2 person engaged in an activity described in para3 graph (1) or (2) of subsection (a). 

4 (3) CONSIDERATION OF CERTAIN INFORMA5 TION.—In preparing the list required by subsection 

6 (a), the President shall consider— 

7 (A) information provided by the Chair8 person or Ranking Member of each of the ap9 propriate congressional committees; and 

10 (B) credible information obtained by other 

11 countries and nongovernmental organizations 

12 that monitor violations of human rights. 

13 (4) PUBLIC AVAILABILITY.—The unclassified 

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

15 made available to the public and published in the 

16 Federal Register. 

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

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

19 President determines and reports to the appropriate con20 gressional committees not later than 15 days before the 

21 removal of the foreign person from the list that— 

22 (1) credible information exists that the foreign 

23 person did not engage in the activity for which the 

24 foreign person was added to the list; 


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1 (2) the foreign person has been prosecuted ap2 propriately for the activity in which the foreign per3 son engaged; or 

4 (3) the foreign person has credibly dem5 onstrated a significant change in behavior, has paid 

6 an appropriate consequence for the activities in 

7 which the foreign person engaged, and has credibly 

8 committed to not engage in an activity described in 

9 paragraph (1) or (2) of subsection (a). 

10 (f) REQUESTS BY CHAIRPERSON OR RANKING MEM11 BER OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 

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

13 after receiving a written request from the Chair14 person or Ranking Member of one of the appropriate 

15 congressional committees with respect to whether a 

16 foreign person meets the criteria for being added to 

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

18 shall transmit a response to that Chairperson or 

19 Ranking Member, as the case may be, with respect 

20 to the status of the foreign person at issue. 

21 (2) FORM.—The President may transmit a re22 sponse required by paragraph (1) in classified form 

23 if the President determines that it is necessary for 

24 the national security interests of the United States 

25 to do so. 


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1 (3) REMOVAL.— 

2 (A) IN GENERAL.—If the President re3 moves from the list required by subsection (a) 

4 a foreign person that has been placed on the 

5 list, the President shall provide the Chair6 persons and Ranking Members of the appro7 priate congressional committees with any infor8 mation that contributed to such removal deci9 sion. 

10 (B) FORM OF INFORMATION.—The Presi11 dent may transmit the information requested by 

12 subparagraph (A) in classified form if the 

13 President determines that it is necessary to the 

14 national security interests of the United States 

15 to do so. 

16 (g) NONAPPLICABILITY OF CONFIDENTIALITY RE17 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

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

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

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

21 with respect to confidentiality of records pertaining to the 

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

23 States. 


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1 SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. 

2 (a) INELIGIBILITY FOR VISAS AND ADMISSION TO

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

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

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

6 be admitted to the United States. 

7 (b) CURRENT VISAS REVOKED AND REMOVAL FROM

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

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

10 Nationality Act (8 U.S.C. 1201(i)), the visa or other docu11 mentation of an individual who would be ineligible to re12 ceive such a visa or documentation under subsection (a), 

13 and the Secretary of Homeland Security shall remove from 

14 the United States such an individual. 

15 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

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

17 the Secretary of Homeland Security, in consultation 

18 with the President, may waive the application of 

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

20 of an individual if— 

21 (A) the Secretaries determine that such a 

22 waiver— 

23 (i) is necessary to permit the United 

24 States to comply with the Agreement be25 tween the United Nations and the United 

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1 quarters of the United Nations, signed 

2 June 26, 1947, and entered into force No3 vember 21, 1947, or other applicable inter4 national obligations of the United States; 

5 or 

6 (ii) is in the national security interests 

7 of the United States; and 

8 (B) before granting the waiver, the Secre9 taries provide to the appropriate congressional 

10 committees notice of, and a justification for, the 

11 waiver. 

12 (2) TIMING FOR NOTICE OF CERTAIN WAIV13 ERS.—In the case of a waiver under subparagraph 

14 (A)(ii) of paragraph (1), the Secretaries shall submit 

15 the notice required by subparagraph (B) of such 

16 paragraph not later than 15 days before granting 

17 the waiver. 

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

19 days after the date of the enactment of this Act, the Sec20 retary of State and the Secretary of Homeland Security 

21 shall prescribe such regulations as are necessary to carry 

22 out this section. 

23 SEC. 6. REPORT TO CONGRESS. 

24 Not later than one year after the date of the enact25 ment of this Act and annually thereafter, the President, 


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

2 appropriate congressional committees a report on— 

3 (1) the actions taken to carry out this Act, in4 cluding— 

5 (A) the number of foreign persons added 

6 to or removed from the list required by section 

7 4(a) during the year preceding each report, the 

8 dates on which those persons were added or re9 moved, and the reasons for adding or removing 

10 those persons; and 

11 (B) an analysis that compares increases or 

12 decreases in the number of such persons year13 over-year and the reasons therefor; and 

14 (2) efforts by the executive branch to coordinate 

15 with the governments of other countries to, as ap16 propriate, impose sanctions that are similar to the 

17 sanctions imposed under this Act. 

18 SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTA19 TION OR GENDER IDENTITY. 

20 (a) TRACKING VIOLENCE OR CRIMINALIZATION RE21 LATED TO SEXUAL ORIENTATION OR GENDER IDEN22 TITY.—The Assistant Secretary of State for Democracy, 

23 Human Rights and Labor shall designate a Bureau-based 

24 senior officer or officers who shall be responsible for track25 ing violence, criminalization, and restrictions on the enjoyVerDate Sep 11 2014 03:40 May 22, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2368.IH H2368

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1 ment of fundamental freedoms, consistent with United 

2 States law, in foreign countries based on actual or per3 ceived sexual orientation or gender identity. 

4 (b) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

5 PRACTICES.—The Foreign Assistance Act of 1961 is 

6 amended— 

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

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

9 ‘‘and’’ at the end; 

10 (B) in paragraph (12)— 

11 (i) in subparagraph (B), by striking 

12 ‘‘and’’ at the end; and 

13 (ii) in subparagraph (C)(ii), by strik14 ing the period at the end and inserting ‘‘; 

15 and’’; and 

16 (C) by adding at the end the following new 

17 paragraph: 

18 ‘‘(13) wherever applicable, violence or discrimi19 nation that affects the fundamental freedoms, in20 cluding widespread or systematic violation of the 

21 freedoms of expression, association, or assembly, 

22 consistent with United States law, of an individual 

23 in foreign countries that is based on actual or per24 ceived sexual orientation or gender identity.’’; and 


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

2 inserting after the ninth sentence the following new 

3 sentence: ‘‘Wherever applicable, such report shall 

4 also include information regarding violence or dis5 crimination that affects the fundamental freedoms, 

6 including widespread or systematic violation of the 

7 freedoms of expression, association, or assembly, 

8 consistent with United States law, of an individual 

9 in foreign countries that is based on actual or per10 ceived sexual orientation or gender identity.’’. 

Æ 


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