other benefit under the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.). 
(2) CURRENT VISAS REVOKED.— 
(A) IN GENERAL.—The Secretary of State, 
or the Secretary of Homeland Security (or a 
designee of one such Secretaries) shall, in ac-
cordance with section 221(i) of the Immigration 
and Nationality Act (8 U.S.C. 1201(i)), revoke 
any visa or other entry documentation issued to 
a foreign person on the list required by sub-
section (a) and to each immediate family mem-
ber of such person regardless of when the visa 
or other entry documentation is issued. 
(B) EFFECT OF REVOCATION.—A revoca-
tion 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. 
(3) SENSE OF CONGRESS WITH RESPECT TO 
ADDITIONAL SANCTIONS.—It is the sense of Con-
gress that the President should impose additional 
targeted sanctions with respect to foreign persons on 
the list required by subsection (a) to push for ac-
countability for flagrant denials of the right to life, 
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liberty, or the security of the person, through the 
use of designations and targeted sanctions provided 
for such conduct under other existing authorities. 
(4) EXCEPTIONS.— 
(A) EXCEPTION
WITH
RESPECT
TO
NA-
TIONAL
SECURITY.—This section shall not 
apply with respect to— 
(i) activities subject to the reporting 
requirements under title V of the National 
Security Act of 1947 (50 U.S.C. 3091 et 
seq.); or 
(ii) any authorized intelligence or law 
enforcement activities of the United States. 
(B) EXCEPTION TO COMPLY WITH INTER-
NATIONAL
OBLIGATIONS.—Sanctions 
under 
paragraphs (1) and (2) shall not apply with re-
spect to a person if admitting or paroling the 
person into the United States is necessary to 
permit the United States to comply with the 
Agreement regarding the Headquarters of the 
United Nations signed at Lake Success June 
26, 1947, and entered into force November 21, 
1947, between the United Nations and the 
United States or other applicable international 
obligations. 
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(C) EXCEPTION FOR CERTAIN IMMEDIATE 
FAMILY MEMBERS.— 
(i) IN
GENERAL.—A covered indi-
vidual shall not be subject to sanctions 
under this section if the President certifies 
to the appropriate congressional commit-
tees, in accordance with clause (ii), that 
such individual has a reasonable fear of 
persecution based on— 
(I) actual or perceived sexual ori-
entation, gender identity, or sex char-
acteristics; 
(II) race, religion, or nationality; 
or 
(III) political opinion or member-
ship in a particular social group. 
(ii) DETERMINATION
AND
CERTIFI-
CATION.—A certification under clause (i) 
shall be made not later than 30 days after 
the date of the determination required by 
such clause. Any proceedings relating to 
such determination shall not be publicly 
available. 
(iii) COVERED INDIVIDUAL.—For pur-
poses of this subparagraph, the term ‘‘cov-
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ered individual’’ means an individual who 
is an immediate family member of foreign 
person on the list required by subsection 
(a). 
(5) WAIVER.—The President may waive the ap-
plication of sanctions or restrictions imposed with 
respect to a foreign person under this section if the 
President certifies to the appropriate congressional 
committees, not later than 15 days before such waiv-
er is to take effect, that the waiver is vital to the 
national interest of the United States. 
(f) REPORT TO CONGRESS.—Not later than 1 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 sub-
section (a) during the year preceding each such 
report, the dates on which such persons were so 
added or removed, and the reasons for so add-
ing or removing such persons; and 
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(B) an analysis that compares increases or 
decreases in the number of such persons added 
or removed year-over-year and the reasons 
therefor; 
(2) any efforts by the President to coordinate 
with the governments of other countries, as appro-
priate, to impose sanctions that are similar to the 
sanctions imposed under this section; 
(3) the impact of the sanctions imposed under 
this section with respect to altering the behavior of 
each of the foreign persons included, as of the date 
of submission of the report, in the list required by 
subsection (a); and 
(4) steps the Department can take to improve 
coordination with foreign governments, civil society 
groups, and the private sector, to prevent the com-
mission of the human rights violations described in 
section 3(a)(1) against persons based on actual or 
perceived sexual orientation, gender identity, or sex 
characteristics. 
(g) FORM; PUBLICATION.—The report required by 
subsection (f) shall be submitted in unclassified form but 
may include a classified annex. The unclassified portion 
of such report shall be published on a publicly available 
website of the Department of State. 
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(h) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 Com-
mittee on Homeland Security and Govern-
mental Affairs, and the Committee on the Judi-
ciary 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. 
(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to allow the imposition of sanctions 
with respect to, or otherwise authorize any other action 
against, any foreign person based solely upon religious be-
lief. 
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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 IDEN-
TITY.—The Assistant Secretary of State for Democracy, 
Human Rights, and Labor shall designate 1 or more Bu-
reau-based senior officer or officers who shall be respon-
sible for tracking violence, criminalization, and restrictions 
on the enjoyment of fundamental freedoms in foreign 
countries based on actual or perceived sexual orientation, 
gender identity, or sex characteristics. 
(b) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 
PRACTICES.—The Foreign Assistance Act of 1961 is 
amended— 
(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: 
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‘‘(13) wherever applicable, information relating 
to violence or discrimination that affects funda-
mental freedoms, including widespread or systematic 
violation of the freedoms of expression, association, 
or assembly, of individuals in foreign countries that 
is based on actual or perceived sexual orientation, 
gender 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 dis-
crimination that affects the fundamental freedoms, 
including widespread or systematic violation of the 
freedoms of expression, association, or assembly, of 
individuals in foreign countries that is based on ac-
tual or perceived sexual orientation, gender identity, 
or sex characteristics.’’. 
Æ 
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