IIB 

117TH CONGRESS 

2D SESSION H. R. 3485 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2022 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To impose sanctions on foreign persons responsible for violations of internationally recognized human rights against 

lesbian, gay, bisexual, transgender, queer and intersex 

(LGBTQI) 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Global Respect Act’’. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

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

6 human beings are fundamental to a thriving global 

7 community. 

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

9 the person, the right to privacy, and the right to 

10 freedom of expression and association are funda11 mental human rights. 

12 (3) An alarming trend of violence directed at 

13 LGBTQI individuals around the world continues. 

14 (4) Approximately one-third of all countries 

15 have laws criminalizing consensual same-sex rela16 tions, and many have enacted policies or laws that 

17 would further target LGBTQI 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) Those who commit crimes against LGBTQI 

23 individuals often do so with impunity, and are not 

24 held accountable for their crimes. 

25 (7) In many instances police, prison, military, 

26 and civilian government authorities have been diVerDate Sep 11 2014 01:29 Feb 10, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3485.RFS H3485

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1 rectly complicit in abuses aimed at LGBTQI citi2 zens, including arbitrary arrest, torture, and sexual 

3 abuse. 

4 (8) Celebrations of LGBTQI individuals and 

5 communities, such as film festivals, Pride events, 

6 and demonstrations are often forced underground 

7 due to inaction on the part of, or harassment by, 

8 local law enforcement and government officials, in 

9 violation of freedoms of assembly and expression. 

10 (9) Laws criminalizing consensual same-sex re11 lations severely hinder access to HIV/AIDS treat12 ment, information, and preventive measures for 

13 LGBTQI individuals and families. 

14 (10) Many countries are making positive devel15 opments in the protection of the basic human rights 

16 of LGBTQI individuals. 

17 SEC. 3. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 

18 VIOLATIONS OF HUMAN RIGHTS AGAINST 

19 LGBTQI PEOPLE. 

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

21 date of the enactment of this Act and biannually there22 after, the President shall transmit to the appropriate con23 gressional committees a list of each foreign person the 

24 President determines, based on credible information, in25 cluding information obtained by other countries or by nonVerDate Sep 11 2014 01:29 Feb 10, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3485.RFS H3485

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1 governmental organizations that monitor violations of 

2 human rights— 

3 (1) is responsible for or complicit in, with re4 spect to persons based on actual or perceived sexual 

5 orientation, gender identity, or sex characteristics— 

6 (A) torture or cruel, inhuman, or degrad7 ing treatment or punishment; 

8 (B) prolonged detention without charges 

9 and trial; 

10 (C) causing the disappearance of such per11 sons by the abduction and clandestine detention 

12 of such persons; or 

13 (D) other flagrant denial of the right to 

14 life, liberty, or the security of such persons; or 

15 (2) acted as an agent of or on behalf of a for16 eign person in a matter relating to an activity de17 scribed in paragraph (1). 

18 (b) FORM; UPDATES; REMOVAL.— 

19 (1) FORM.—The list required by subsection (a) 

20 shall be transmitted in unclassified form and pub21 lished in the Federal Register, except that the Presi22 dent may include a foreign person in a classified, 

23 unpublished annex to such list if the President— 

24 (A) determines that— 


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1 (i) it is vital for the national security 

2 interests of the United States to do so; and 

3 (ii) the use of such annex, and the in4 clusion of such person in such annex, 

5 would not undermine the overall purpose of 

6 this section to publicly identify foreign per7 sons engaging in the conduct described in 

8 subsection (a) in order to increase account9 ability for such conduct; and 

10 (B) not later than 15 days before including 

11 such person in a classified annex, provides to 

12 the appropriate congressional committees notice 

13 of, and a justification for, including or con14 tinuing to include each foreign person in such 

15 annex despite the existence of any publicly 

16 available credible information indicating that 

17 each such foreign person engaged in an activity 

18 described in subsection (a). 

19 (2) UPDATES.—The President shall transmit to 

20 the appropriate congressional committees an update 

21 of the list required by subsection (a) as new infor22 mation becomes available. 

23 (3) REMOVAL.—A foreign person may be re24 moved from the list required by subsection (a) if the 

25 President determines and reports to the appropriate 


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1 congressional committees not later than 15 days be2 fore the removal of such person from such list 

3 that— 

4 (A) new, credible information is discovered 

5 confirming that such person did not in fact en6 gage in the activity for which the person was 

7 included in such list; 

8 (B) such person has been prosecuted ap9 propriately for the activity in which such person 

10 engaged; or 

11 (C) such person has credibly demonstrated 

12 a significant change in behavior, has paid an 

13 appropriate consequence for the activities in 

14 which such person engaged, and has credibly 

15 committed to not engage in an activity de16 scribed in subsection (a). 

17 (c) PUBLIC SUBMISSION OF INFORMATION.—The 

18 President shall issue public guidance, including through 

19 United States diplomatic and consular posts, setting forth 

20 the manner by which the names of foreign persons that 

21 may meet the criteria to be included on the list required 

22 by subsection (a) may be submitted to the Department 

23 of State for evaluation. 

24 (d) REQUESTS FROM CHAIR AND RANKING MEMBER

25 OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 


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1 (1) CONSIDERATION OF INFORMATION.—In ad2 dition to the guidance issued pursuant to subsection 

3 (c), the President shall also consider information 

4 provided by the Chair or Ranking Member of each 

5 of the appropriate congressional committees in de6 termining whether to include a foreign person in the 

7 list required by subsection (a). 

8 (2) REQUESTS.—Not later than 120 days after 

9 receiving a written request from the Chair or Rank10 ing Member of one of the appropriate congressional 

11 committees with respect to whether a foreign person 

12 meets the criteria for being included in the list re13 quired by subsection (a), the President shall trans14 mit a response to such Chair or Ranking Member, 

15 as the case may be, with respect to the President’s 

16 determination relating to such foreign person. 

17 (3) REMOVAL.—If the President removes from 

18 the list required by subsection (a) a foreign person 

19 that had been included in such list pursuant to a re20 quest under paragraph (2), the President shall pro21 vide to the relevant Chair or Ranking Member of the 

22 appropriate congressional committees any informa23 tion that contributed to such decision. 

24 (4) FORM.—The President may transmit a re25 sponse required by paragraph (2) or paragraph (3) 


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1 in classified form if the President determines that it 

2 is necessary for the national security interests of the 

3 United States to do so. 

4 (e) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 

5 (1) INELIGIBILITY FOR VISAS AND ADMISSION

6 TO THE UNITED STATES.—A foreign person on the 

7 list required by subsection (a), and each immediate 

8 family member of such person, is— 

9 (A) inadmissible to the United States; 

10 (B) ineligible to receive a visa or other doc11 umentation to enter the United States; and 

12 (C) otherwise ineligible to be admitted or 

13 paroled into the United States or to receive any 

14 other benefit under the Immigration and Na15 tionality Act (8 U.S.C. 1101 et seq.). 

16 (2) CURRENT VISAS REVOKED.— 

17 (A) IN GENERAL.—The Secretary of State, 

18 or the Secretary of Homeland Security (or a 

19 designee of one such Secretaries) shall, in ac20 cordance with section 221(i) of the Immigration 

21 and Nationality Act (8 U.S.C. 1201(i)), revoke 

22 any visa or other entry documentation issued to 

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1 ber of such person regardless of when the visa 

2 or other entry documentation is issued. 

3 (B) EFFECT OF REVOCATION.—A revoca4 tion under subparagraph (A) shall— 

5 (i) take effect immediately; and 

6 (ii) automatically cancel any other 

7 valid visa or entry documentation that is in 

8 the foreign person’s possession. 

9 (3) SENSE OF CONGRESS WITH RESPECT TO

10 ADDITIONAL SANCTIONS.—It is the sense of Con11 gress that the President should impose additional 

12 targeted sanctions with respect to foreign persons on 

13 the list required by subsection (a) to push for ac14 countability for flagrant denials of the right to life, 

15 liberty, or the security of the person, through the 

16 use of designations and targeted sanctions provided 

17 for such conduct under other existing authorities. 

18 (4) EXCEPTIONS.— 

19 (A) EXCEPTION WITH RESPECT TO NA20 TIONAL SECURITY.—This section shall not 

21 apply with respect to— 

22 (i) activities subject to the reporting 

23 requirements under title V of the National 

24 Security Act of 1947 (50 U.S.C. 3091 et 

25 seq.); or 


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1 (ii) any authorized intelligence or law 

2 enforcement activities of the United States. 

3 (B) EXCEPTION TO COMPLY WITH INTER4 NATIONAL OBLIGATIONS.—Sanctions under 

5 paragraphs (1) and (2) shall not apply with re6 spect to a person if admitting or paroling the 

7 person into the United States is necessary to 

8 permit the United States to comply with the 

9 Agreement regarding the Headquarters of the 

10 United Nations signed at Lake Success June 

11 26, 1947, and entered into force November 21, 

12 1947, between the United Nations and the 

13 United States or other applicable international 

14 obligations. 

15 (C) EXCEPTION FOR CERTAIN IMMEDIATE

16 FAMILY MEMBERS.— 

17 (i) IN GENERAL.—A covered indi18 vidual shall not be subject to sanctions 

19 under this section if the President certifies 

20 to the appropriate congressional commit21 tees, in accordance with clause (ii), that 

22 such individual has a reasonable fear of 

23 persecution based on— 


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1 (I) actual or perceived sexual ori2 entation, gender identity, or sex char3 acteristics; 

4 (II) race, religion, or nationality; 

5 or 

6 (III) political opinion or member7 ship in a particular social group. 

8 (ii) DETERMINATION AND CERTIFI9 CATION.—A certification under clause (i) 

10 shall be made not later than 30 days after 

11 the date of the determination required by 

12 such clause. Any proceedings relating to 

13 such determination shall not be publicly 

14 available. 

15 (iii) COVERED INDIVIDUAL.—For pur16 poses of this subparagraph, the term ‘‘cov17 ered individual’’ means an individual who 

18 is an immediate family member of foreign 

19 person on the list required by subsection 

20 (a). 

21 (5) WAIVER.—The President may waive the ap22 plication of sanctions or restrictions imposed with 

23 respect to a foreign person under this section if the 

24 President certifies to the appropriate congressional 

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1 er is to take effect, that the waiver is vital to the 

2 national interest of the United States. 

3 (f) REPORT TO CONGRESS.—Not later than one year 

4 after the date of the enactment of this Act and annually 

5 thereafter, the President, acting through the Secretary of 

6 State, shall submit to the appropriate congressional com7 mittees a report on— 

8 (1) the actions taken to carry out this section, 

9 including— 

10 (A) the number of foreign persons added 

11 to or removed from the list required by sub12 section (a) during the year preceding each such 

13 report, the dates on which such persons were so 

14 added or removed, and the reasons for so add15 ing or removing such persons; and 

16 (B) an analysis that compares increases or 

17 decreases in the number of such persons added 

18 or removed year-over-year and the reasons 

19 therefor; and 

20 (2) any efforts by the President to coordinate 

21 with the governments of other countries, as appro22 priate, to impose sanctions that are similar to the 

23 sanctions imposed under this section. 

24 (g) FORM; PUBLICATION.—The report required by 

25 subsection (f) shall be submitted in unclassified form but 


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1 may include a classified annex. The unclassified portion 

2 of such report shall be published on a publicly available 

3 website of the Department of State. 

4 (h) REPORT ON PREVENTION.—Not later than 180 

5 days after the date of the enactment of this Act, the Sec6 retary of State shall submit to the appropriate congres7 sional committees a report describing steps the Depart8 ment can take to improve coordination with foreign gov9 ernments, civil society groups, and the private sector, to 

10 prevent the commission of the human rights violations de11 scribed in section 3(a)(1) against persons based on actual 

12 or perceived sexual orientation, gender identity, or sex 

13 characteristics. 

14 (i) DEFINITIONS.—In this section: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Armed Services, the 

19 Committee on Foreign Affairs, the Committee 

20 on Homeland Security, and the Committee on 

21 the Judiciary of the House of Representatives; 

22 and 

23 (B) the Committee on Armed Services, the 

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1 mental Affairs, and the Committee on the Judi2 ciary of the Senate. 

3 (2) IMMEDIATE FAMILY MEMBER.—The term 

4 ‘‘immediate family member’’ has the meaning given 

5 such term for purposes of section 7031(c) of division 

6 K of the Consolidated Appropriations Act, 2021. 

7 (j) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed to allow the imposition of sanctions 

9 with respect to, or otherwise authorize any other action 

10 against, any foreign person based solely upon religious be11 lief. 

12 SEC. 4. DISCRIMINATION RELATED TO SEXUAL ORIENTA13 TION, GENDER IDENTITY, OR SEX CHARAC14 TERISTICS. 

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 one or more 

19 Bureau-based senior officer or officers who shall be re20 sponsible for tracking violence, criminalization, and re21 strictions on the enjoyment of fundamental freedoms in 

22 foreign countries based on actual or perceived sexual ori23 entation, gender identity, or sex characteristics. 


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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’’ after the semicolon at the end; 

7 (B) in paragraph (12)— 

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

9 ‘‘and’’ after the semicolon at the end; and 

10 (ii) in subparagraph (C)(ii), by strik11 ing the period at the end and inserting ‘‘; 

12 and’’; and 

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

14 paragraph: 

15 ‘‘(13) wherever applicable, information relating 

16 to violence or discrimination that affects funda17 mental freedoms, including widespread or systematic 

18 violation of the freedoms of expression, association, 

19 or assembly, of individuals in foreign countries that 

20 is based on actual or perceived sexual orientation, 

21 gender identity, or sex characteristics.’’; and 

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

23 inserting after the ninth sentence the following new 

24 sentence: ‘‘Wherever applicable, such report shall 

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1 crimination that affects the fundamental freedoms, 

2 including widespread or systematic violation of the 

3 freedoms of expression, association, or assembly, of 

4 individuals in foreign countries that is based on ac5 tual or perceived sexual orientation, gender identity, 

6 or sex characteristics.’’. 

7 SEC. 5. STUDY REQUIRED. 

8 Not later than 1 year after the date of the enactment 

9 of this Act, the Secretary of State shall submit to Con10 gress a report that comprises of sections from each re11 gional bureau detailing past risks to LGBTQI individuals, 

12 with a summary on the differences between regions with 

13 respect to such risks. 

Passed the House of Representatives February 9, 

2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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