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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4960 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 4960

   To establish a Commission to address the pervasive, and targeted 
epidemic of fatal violence, economic discrimination, and other factors 
 disproportionally impacting members of the transgender community, and 
      to make recommendations to Congress on appropriate remedies.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

 Ms. Jackson Lee (for herself, Mr. Carter of Louisiana, Mr. Cohen, Mr. 
  Veasey, Ms. Lee of California, Mr. Doggett, Ms. Kamlager-Dove, Mr. 
   Raskin, Ms. Balint, Ms. Scanlon, Mr. Takano, Ms. Schakowsky, Ms. 
   Pingree, Mr. Grijalva, Ms. Pressley, and Ms. Meng) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To establish a Commission to address the pervasive, and targeted 
epidemic of fatal violence, economic discrimination, and other factors 
 disproportionally impacting members of the transgender community, and 
      to make recommendations to Congress on appropriate remedies.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chyna Gibson Stop the Transgender 
Murder Epidemic Act of 2023'' or the ``Chyna Gibson STME Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) One of the most underreported trends in the LGBTIQA+ 
        community is the alarming rate at which members of the gender-
        nonconforming, gender-expansive community, and especially 
        transgender women of color, are murdered.
            (2) Fatal violence disproportionately affects transgender 
        women of color, and the intersections of racism, sexism, 
        homophobia, biphobia, transphobia, and unchecked access to guns 
        conspire to deprive them of employment, housing, health care, 
        and other necessities, making them more vulnerable to a culture 
        of violence.
            (3) The Human Rights Campaign reports since 2013, over 200 
        transgender and gender-expansive individuals have been killed 
        in the United States.
            (4) In 2016, it is estimated that, while the overall murder 
        rate for the United States was 1 in 19,000 per year, the murder 
        rate for Black transgender women was 1 in 2,600, more than 7 
        times as high as that of the general population.
            (5) In 2018, according to the Human Rights Campaign, 26 
        transgender people suffered violent deaths in the United 
        States, a majority of them were Black transgender women.
            (6) In 2019, at least 25 transgender or gender 
        nonconforming people fatally shot or killed by other violent 
        means.
            (7) In 2020, at least 37 trans and gender nonconforming 
        people were victims of fatal violence.
            (8) This epidemic of targeted and pervasive murder 
        disproportionately impacts transgender women of color, who 
        comprise approximately 4 in 5 of all antitransgender homicides 
        and those numbers do not account for unreported and misreported 
        murders or transgender people who have unexpectedly died under 
        suspicious circumstances, but whose deaths have not been 
        determined to be homicide, reports the Human Rights Campaign.
            (9) Transgender people are a demographic with an elevated 
        risk of becoming victims of violence and discrimination, in 
        fact, it is estimated that trans women are 4.3 times more 
        likely to become homicide victims than all women, reports the 
        Human Rights Campaign.
            (10) Many transgender women turn to the dangerous 
        underground economy of sex work because it has historically 
        been a place where transgender women have been able to make a 
        living and find acceptance in a community of peers.
            (11) The National Center for Transgender Equality reports 
        that more than 1 in 4 transgender people have faced a bias-
        driven assault, and rates are higher for trans women and 
        transgender people of color.
            (12) When transgender students are left unprotected from 
        discrimination at all levels of education, it promotes a 
        negative impact on their overall well-being, future economic 
        stability, and employment opportunities.
            (13) Members of the Transgender community face considerable 
        financial burdens: common health care practices for trans 
        people, such as hormone replacement therapy and gender-
        affirming surgery, are costly, and according to the American 
        Journal of Psychiatry, undergoing gender-affirming surgery 
        often leads to long term mental health benefits, but procedures 
        can cost up to $75,000.
            (14) When a transgender person dies, the police reports of 
        their deaths often are inaccurate, misgendering them or using 
        incorrect pronouns, making it difficult for communities to be 
        informed of a trans woman's death and delay or impede the 
        gathering of accurate data on deaths.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) there should be a commitment to combating factors that 
        lead to the murder of gender-nonconforming, gender-expansive, 
        and transgender women of color in the United States;
            (2) there should be a dissemination of culturally-relevant 
        resources that support transgender people and their families 
        and increase awareness of the unique myriad of issues the 
        transgender community fact;
            (3) the nation should condemn the violent, targeted, and 
        senseless documented murders of the over 200 gender-
        nonconforming, gender-expansive, and transgender individuals in 
        the United States since 2013; and
            (4) there should be celebration that even in the face of 
        this physical danger, hatred, and discrimination, gender-
        nonconforming, gender-expansive, and transgender Americans live 
        courageously and overcome unjust barriers in all corners of our 
        country.

SEC. 4. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--To establish a Commission to study and develop 
proposals to combat the epidemic of the murdering of gender-
nonconforming, gender-expansive, and transgender women of color.
    (b) Duties.--The Commission's documentation and examination shall 
include the facts related to the following:
            (1) Researching issues gender-nonconforming, gender-
        expansive, and transgender women of color face, such as--
                    (A) limited access to and avoidance of health care 
                due to stigma and past negative experiences with 
                providers, prioritization of gender-related health 
                care, and concerns about adverse interactions between 
                antiretroviral medications and hormone therapy;
                    (B) the extensive degrading, debasing, and denial 
                of humanity;
                    (C) forms of discrimination in the public and 
                private sectors against gender-nonconforming, gender-
                expansive, and transgender women of color that underlie 
                many of the HIV, and poverty-related risk factors 
                frequently reported in this population;
                    (D) the Federal and State laws that discriminate 
                against the rights of transgender people;
                    (E) stigma surrounding early trans-identity, which 
                is often rooted in inaccurate beliefs and politically-
                motivated attacks on transgender identities, this 
                stigma erects barriers in virtually every facet of 
                life, denying transgender people the equal opportunity 
                to succeed and be accepted;
                    (F) the treatment of gender-nonconforming, gender-
                expansive, and transgender women of color in the United 
                States, including the deprivation of their freedom, 
                exploitation of their labor, and destruction of their 
                culture;
                    (G) exorbitant levels of familial rejection, often 
                from an early age, this rejection takes a devastating 
                toll on individuals often causing isolation from 
                physical and emotional resources that are essential to 
                their well-being, in contrast, research shows that 
                familial acceptance is a protective factor for 
                transgender young people and can contribute to lower 
                rates of depression, anxiety, substance use, HIV 
                acquisition, and suicide attempts;
                    (H) elevated rates of unemployment four times that 
                of the United States general population, which is due, 
                in part, to limited access to workplaces that are 
                affirming and inclusive, transgender and gender-
                expansive people are put at greater risk for poverty, 
                homelessness, and involvement with criminalized work;
                    (I) sex-segregated prisons where many transwomen do 
                not have access to trans-competent health care, and are 
                usually housed with male inmates, which can lead to 
                violence, sexual assault, and harassment while 
                incarcerated, directly increasing their HIV risk;
                    (J) employment and housing discrimination that 
                leads directly to the need to engage in survival sex 
                work for many who are denied opportunities for 
                education, job training, and basic social services 
                because of their transgender status, which correlates 
                with increased exposure to fatal violence;
                    (K) the intersections of racism, sexism, 
                homophobia, biphobia, transphobia and unchecked access 
                to firearms compound to create a culture of violence 
                that disproportionately impacts communities of color;
                    (L) immigration detainees and aid workers have 
                given disturbing reports of individuals being held 
                under inhumane conditions that threaten their physical 
                safety; and
                    (M) misgendering by local police statements and 
                media reports, which can delay awareness of deadly 
                incidents.
            (2) Recommending appropriate ways to educate the public of 
        the Commission's findings.
            (3) Recommending appropriate remedies in consideration of 
        the Commission's findings on the matters described in paragraph 
        (1). In making such recommendations, the Commission shall 
        address among other issues, the following questions:
                    (A) How such recommendations comport with 
                international standards of remedy for wrongs and 
                injuries caused by the State, that include special 
                measures, as understood by various relevant 
                international protocols, laws, and findings.
                    (B) How Federal laws and policies that continue to 
                disproportionately and negatively affect gender-
                nonconforming, gender-expansive, and transgender women 
                of color as a group, and those that perpetuate the 
                lingering effects, materially and psychosocial, can be 
                eliminated.
                    (C) How the injuries resulting from matters 
                described in paragraph (1) can be reversed and provide 
                appropriate policies, programs, projects, and 
                recommendations for the purpose of reversing the 
                injuries.
                    (D) How, in consideration of the Commission's 
                findings, any other forms of rehabilitation or 
                restitution to gender-nonconforming, gender-expansive, 
                and transgender women of color are warranted and what 
                the form and scope of those measures should take.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 13 
members, who shall be appointed, within 90 days after the date of 
enactment of this Actt, as follows:
            (1) All members shall be appointed by the President.
            (2) 10 members shall be appointed from an LGBTIQA+ 
        community advisory board, of which 5 shall be reserved for 
        representatives from African American trans-community and 
        predominantly African American transgender service 
        organizations that have historically championed the cause of 
        transgender human rights.
    (b) Organization.--
            (1) Qualifications.--All members of the Commission shall be 
        persons who are specially qualified to serve on the Commission 
        by virtue of their education, training, activism, or 
        experience, particularly in the field of Transgender studies 
        and human rights.
            (2) Terms.--The term of office for members shall be for 2.5 
        years or half of the life of each Commission. A vacancy in the 
        Commission shall not affect the powers of the Commission and 
        shall be filled in the same manner in which the original 
        appointment was made.
            (3) First meeting.--The President shall call the first 
        meeting of the Commission within 120 days after the date of the 
        enactment of this Act or within 30 days after the date on which 
        legislation is enacted making appropriations to carry out this 
        Act, whichever date is later.
            (4) Quorum.--Seven members of the Commission shall 
        constitute a quorum, but a lesser number may hold hearings.
            (5) Chair and vice chair.--The Commission shall elect a 
        Chair and Vice-Chair from among its members. The term of office 
        of each shall be for the life of the Commission.
            (6) Compensation.--Except as provided in paragraph (7), 
        each member of the Commission shall receive compensation at the 
        daily equivalent of the annual rate of basic pay payable for 
        GS-18 of the General Schedule under section 5332 of title 5, 
        United States Code, for each day, including travel time, during 
        which he or she is engaged in the actual performance of duties 
        vested in the Commission.
            (7) No additional pay.--A member of the Commission who is a 
        full-time officer or employee of the United States or a Member 
        of Congress shall receive no additional pay, allowances, or 
        benefits by reason of his or her service to the Commission.
            (8) Reimbursement.--All members of the Commission shall be 
        reimbursed for travel, subsistence, and other necessary 
        expenses incurred by them in the performance of their duties to 
        the extent authorized by chapter 57 of title 5, United States 
        Code.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out the provisions of this Act, hold such hearings and sit and 
act at such times and at such places in the United States, and request 
the attendance and testimony of such witnesses and the production of 
such books, records, correspondence, memoranda, papers, and documents, 
as the Commission considers appropriate. The Commission may invoke the 
aid of an appropriate United States district court to require, by 
subpoena or otherwise, such attendance, testimony, or production.
    (b) Powers of Subcommittees and Members.--Any subcommittee or 
member of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may acquire directly 
from the head of any department, agency, or instrumentality of the 
executive branch of the Government, available information which the 
Commission considers useful in the discharge of its duties. All 
departments, agencies, and instrumentalities of the executive branch of 
the Government shall cooperate with the Commission with respect to such 
information and shall furnish all information requested by the 
Commission to the extent permitted by law.

SEC. 7. ADMINISTRATIVE PROVISIONS.

    (a) Staff.--The Commission may appoint and fix the compensation of 
such personnel as the Commission considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that the compensation of any 
employee of the Commission may not exceed a rate equal to the annual 
rate of basic pay payable for GS-18 of the General Schedule under 
section 5332 of title 5, United States Code.
    (c) Experts and Consultants.--The Commission may procure the 
services of experts and consultants in accordance with the provisions 
of section 3109(b) of title 5, United States Code, but at rates for 
individuals not to exceed the daily equivalent of the highest rate 
payable under section 5332 of such title.
    (d) Administrative Support Services.--The Commission may enter into 
agreements with the Administrator of General Services for procurement 
of financial and administrative services necessary for the discharge of 
the duties of the Commission. Payment for such services shall be made 
by reimbursement from funds of the Commission in such amounts as may be 
agreed upon by the Chairman of the Commission and the Administrator.
    (e) Contracts.--The Commission may--
            (1) procure supplies, services, and property by contract in 
        accordance with applicable laws and regulations and to the 
        extent or in such amounts as are provided in appropriation 
        acts; and
            (2) enter into contracts with departments, agencies, and 
        instrumentalities of the Federal Government, State agencies, 
        and private firms, institutions, and agencies, for the conduct 
        of research or surveys, the preparation of reports, and other 
        activities necessary for the discharge of the duties of the 
        Commission, to the extent or in such amounts as are provided in 
        appropriation acts.

SEC. 8. REPORT TO CONGRESS.

    The Commission shall submit a written report of its findings and 
recommendations to the Congress not later than the date which is 18 
months after the date of the first meeting of the Commission held 
pursuant to section 3.

SEC. 9. TERMINATION.

    The Commission shall submit a written report of its findings and 
recommendations to the Congress not later than the date which is one 
year after the date of the first meeting of the Commission held 
pursuant to section 3 and terminate 90 days after the date on which the 
Commission submits its report to the Congress under section 3.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    To carry out the provisions of this Act, there are authorized to be 
appropriated $10,000,000 per year, for a period not to exceed 5 years.
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