(1) FORM.—The list required by subsection (a) 
shall be transmitted in unclassified form and pub-
lished in the Federal Register without regard to the 
requirements of section 222(f) of the Immigration and 
Nationality Act (8 U.S.C. 1202(f)) with respect to 
confidentiality of records pertaining to the issuance 
or refusal of visas or permits to enter the United 
States, except that the President may include a for-
eign person in a classified, unpublished annex to such 
list if the President— 
(A) determines that— 
(i) it is vital for the national security 
interests of the United States to do so; and 
(ii) the use of such annex, and the in-
clusion of such person in such annex, would 
not undermine the overall purpose of this 
section to publicly identify foreign persons 
engaging in the conduct described in sub-
section (a) in order to increase account-
ability for such conduct; and 
(B) not later than 15 days before including 
such person in a classified annex, provides to the 
appropriate congressional committees notice of, 
and a justification for, including or continuing 
to include each foreign person in such annex de-
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
spite the existence of any publicly available cred-
ible information indicating that each such for-
eign person engaged in an activity described in 
subsection (a). 
(2) UPDATES.—The President shall transmit to 
the appropriate congressional committees an update 
of the list required by subsection (a) as new informa-
tion becomes available. 
(3) REMOVAL.—A foreign person may be re-
moved from the list required by subsection (a) if the 
President determines and reports to the appropriate 
congressional committees not later than 15 days be-
fore the removal of such person from such list that— 
(A) credible information exists that such 
person did not engage in the activity for which 
the person was included in such list; 
(B) such person has been prosecuted appro-
priately for the activity in which such person en-
gaged; or 
(C) such person has credibly demonstrated a 
significant change in behavior, has paid an ap-
propriate consequence for the activities in which 
such person engaged, and has credibly committed 
to not engage in an activity described in sub-
section (a). 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
(c) PUBLIC
SUBMISSION
OF
INFORMATION.—The 
President shall issue public guidance, including through 
United States diplomatic and consular posts, setting forth 
the manner by which the names of foreign persons that may 
meet the criteria to be included on the list required by sub-
section (a) may be submitted to the Department of State 
for evaluation. 
(d) REQUESTS FROM CHAIR AND RANKING MEMBER 
OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 
(1) CONSIDERATION OF INFORMATION.—In addi-
tion to the guidance issued pursuant to subsection (c), 
the President shall also consider information provided 
by the Chair or Ranking Member of each of the ap-
propriate congressional committees in determining 
whether to include a foreign person in the list re-
quired by subsection (a). 
(2) REQUESTS.—Not later than 120 days after 
receiving a written request from the Chair or Rank-
ing Member of one of the appropriate congressional 
committees with respect to whether a foreign person 
meets the criteria for being included in the list re-
quired by subsection (a), the President shall transmit 
a response to such Chair or Ranking Member, as the 
case may be, with respect to the President’s deter-
mination relating to such foreign person. 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
(3) REMOVAL.—If the President removes from 
the list required by subsection (a) a foreign person 
that had been included in such list pursuant to a re-
quest under paragraph (2), the President shall pro-
vide to the relevant Chair or Ranking Member of one 
of the appropriate congressional committees any in-
formation that contributed to such decision. 
(4) FORM.—The President may transmit a re-
sponse required by paragraph (2) or paragraph (3) in 
classified form if the President determines that it is 
necessary for the national security interests of the 
United States to do so. 
(e) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 
(1) INELIGIBILITY FOR VISAS AND ADMISSION TO 
THE UNITED STATES.—A foreign person on the list 
required by subsection (a), and each immediate fam-
ily member of such person, is— 
(A) inadmissible to the United States; 
(B) ineligible to receive a visa or other doc-
umentation to enter the United States; and 
(C) otherwise ineligible to be admitted or 
paroled into the United States or to receive any 
other benefit under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
(2) CURRENT VISAS REVOKED.— 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
(A) IN GENERAL.—The issuing consular of-
ficer or the Secretary of State, (or a designee of 
the Secretary of State) shall, in accordance with 
section 221(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1201(i)), revoke any visa or 
other entry documentation issued to a foreign 
person on the list required by subsection (a) and 
to each immediate family member of such person 
regardless of when the visa or other entry docu-
mentation is issued. 
(B) EFFECT OF REVOCATION.—A revocation 
under subparagraph (A) shall— 
(i) take effect immediately; and 
(ii) automatically cancel any other 
valid visa or entry documentation that is in 
the foreign person’s possession. 
(C) REGULATIONS
REQUIRED.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary of State shall prescribe 
such regulations as are necessary to carry out 
this subsection. 
(3) SENSE OF CONGRESS WITH RESPECT TO AD-
DITIONAL SANCTIONS.—It is the sense of Congress that 
the President should impose additional targeted sanc-
tions with respect to foreign persons on the list re-
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
quired by subsection (a) to push for accountability for 
flagrant denials of the right to life, liberty, or the se-
curity of the person, through the use of designations 
and targeted sanctions provided for such conduct 
under other existing authorities. 
(4) WAIVERS IN THE INTEREST OF NATIONAL SE-
CURITY.— 
(A) IN
GENERAL.—The President may 
waive the application of paragraph (1) or (2) 
with respect to a foreign person included in the 
list required by subsection (a) if the President 
determines and transmits to the appropriate 
congressional committees notice and justification, 
that such a waiver— 
(i) is necessary to permit the United 
States to comply with the Agreement be-
tween the United Nations and the United 
States of America regarding the Head-
quarters of the United Nations, signed June 
26, 1947, and entered into force November 
21, 1947, or other applicable international 
obligations of the United States; or 
(ii) is in the national security interests 
of the United States. 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
(B) TIMING
OF
CERTAIN
WAIVERS.—A 
waiver pursuant to a determination under clause 
(ii) of subparagraph (A) shall be transmitted not 
later than 15 days before the granting of such 
waiver. 
(f) REPORT TO CONGRESS.—Not later than one year 
after the date of the enactment of this Act and annually 
thereafter, the President, acting through the Secretary of 
State, shall submit to the appropriate congressional com-
mittees a report on— 
(1) the actions taken to carry out this section, 
including— 
(A) the number of foreign persons added to 
or removed from the list required by subsection 
(a) during the year preceding each such report, 
the dates on which such persons were so added 
or removed, and the reasons for so adding or re-
moving such persons; and 
(B) an analysis that compares increases or 
decreases in the number of such persons added or 
removed year-over-year and the reasons therefor; 
and 
(2) any efforts by the President to coordinate 
with the governments of other countries, as appro-
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
priate, to impose sanctions that are similar to the 
sanctions imposed under this section. 
(g) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Homeland Security, and the Committee on the 
Judiciary of the House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Af-
fairs, and the Committee on the Judiciary of the 
Senate. 
(2) IMMEDIATE
FAMILY
MEMBER.—The term 
‘‘immediate family member’’ has the meaning given 
such term for purposes of section 7031(c) of division 
K of the Consolidated Appropriations Act, 2021. 
SEC. 4. DISCRIMINATION RELATED TO SEXUAL ORIENTA-
TION, GENDER IDENTITY, OR SEX CHARAC-
TERISTICS. 
(a) TRACKING VIOLENCE OR CRIMINALIZATION RE-
LATED TO SEXUAL ORIENTATION OR GENDER IDENTITY.— 
The Assistant Secretary of State for Democracy, Human 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
Rights, and Labor shall designate a Bureau-based senior 
officer or officers who shall be responsible for tracking vio-
lence, criminalization, and restrictions on the enjoyment of 
fundamental freedoms in foreign countries based on actual 
or perceived sexual orientation, gender identity, or sex char-
acteristics. 
(b) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 
PRACTICES.—The Foreign Assistance Act of 1961 is amend-
ed— 
(1) in section 116(d) (22 U.S.C. 2151n(d))— 
(A) in paragraph (11)(C), by striking 
‘‘and’’ after the semicolon at the end; 
(B) in paragraph (12)— 
(i) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end; and 
(ii) in subparagraph (C)(ii), by strik-
ing the period at the end and inserting ‘‘; 
and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(13) wherever applicable, information relating 
to violence or discrimination that affects fundamental 
freedoms, including widespread or systematic viola-
tion of the freedoms of expression, association, or as-
sembly, of individuals in foreign countries that is 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
based on actual or perceived sexual orientation, gen-
der identity, or sex characteristics.’’; and 
(2) in section 502B(b) (22 U.S.C. 2304(b)), by 
inserting after the ninth sentence the following new 
sentence: ‘‘Wherever applicable, such report shall also 
include information relating to violence or discrimi-
nation that affects the fundamental freedoms, includ-
ing widespread or systematic violation of the freedoms 
of expression, association, or assembly, of individuals 
in foreign countries that is based on actual or per-
ceived sexual orientation, gender identity, or sex char-
acteristics.’’. 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 166 
117TH CONGRESS 
2D SESSION 
H. R. 3485 
[Report No. 117–224, Part I] 
A BILL 
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. 
JANUARY 21, 2022 
Committee on the Judiciary discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Sep 11 2014 
20:41 Jan 21, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6651
Sfmt 6651
E:\BILLS\H3485.RH
H3485
pamtmann on DSKBC07HB2PROD with BILLS