Title: Brunei Human Rights Act
Policy area: International Affairs

Summary:
Brunei Human Rights Act
This bill authorizes the President to impose sanctions on any Brunei government officials responsible for implementing certain provisions in Brunei's penal code in a way that constitutes a gross violation of human rights. (Brunei has passed laws that call for the death penalty for offenses such as adultery and consensual same-sex relations.)
The Department of State shall report annually to Congress on foreign countries that enforce laws targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals; women; children; religious minorities; or other vulnerable populations. The State Department shall also report annually to Congress on its efforts to assist refugees from Brunei seeking asylum in other countries.
The Department of Homeland Security shall report annually to Congress on the number of Brunei nationals seeking asylum in the United States and the outcome of such requests.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2561 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2561

    To authorize the imposition of sanctions on officials of Brunei 
  responsible for implementing the newly revised penal code, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2019

 Ms. Omar (for herself, Mr. Levin of Michigan, Mr. Raskin, Mr. Pocan, 
Mr. Espaillat, and Ms. Norton) 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 authorize the imposition of sanctions on officials of Brunei 
  responsible for implementing the newly revised penal code, and for 
                            other purposes.

    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 ``Brunei Human Rights Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On May 1, 2014, the Sultan of Brunei announced that a 
        revised penal code would take effect in three phases.
            (2) The penal code mandates the death penalty for numerous 
        offenses, among them adultery, consensual same-sex relations, 
        blasphemy, and robbery.
            (3) The penal code also mandates flogging for women who 
        have abortions, and amputation for theft.
            (4) The penal code further criminalizes exposing Muslim 
        children to the beliefs and practices of any religion other 
        than Islam.
            (5) The revised penal code represents an assault on the 
        rights of the LGBTI community, women, children, and religious 
        minorities, as well as on the people of Brunei as a whole.
            (6) According to the United Nations High Commissioner for 
        Human Rights, the penal code introduced stoning to death as the 
        specific method of execution for adultery, consensual same-sex 
        relations, and extramarital sexual relations.
            (7) On April 11, 2014, the spokesperson for the United 
        Nations High Commissioner for Human Rights said that ``Under 
        international law, stoning people to death constitutes torture 
        or other cruel, inhuman or degrading treatment or punishment 
        and is thus clearly prohibited.'' and noted that--
                    (A) ``A number of UN studies have also revealed 
                that women are more likely to be sentenced to death by 
                stoning, due to deeply entrenched discrimination and 
                stereotyping against them, including among law 
                enforcement and judicial officers.''; and
                    (B) ``The criminalization and application of the 
                death penalty for consensual relations between adults 
                in private also violates a whole host of rights, 
                including the rights to privacy, to equality before the 
                law, the right to health and freedom from arbitrary 
                arrest and detention. The provisions of the revised 
                penal code may encourage further violence and 
                discrimination against women and also against people on 
                the basis of sexual orientation.''.
            (8) The first phase of the new penal code went into effect 
        in 2014, but the final two phases were not enacted between 2014 
        and 2019 as a result of pressure from international and 
        domestic human rights organizations.
            (9) In December 2018, the Government of Brunei confirmed 
        that the final rollout of the second and third phases of the 
        penal code, including the provisions of capital punishment by 
        stoning, would be fully implemented beginning April 3, 2019.
            (10) On April 1, 2019, a statement from the United Nations 
        High Commissioner for Human Rights noted that the revised penal 
        code ``would enshrine in legislation cruel and inhuman 
        punishments that seriously breach international human rights 
        law'' and stated that ``Human rights and faith are not opposing 
        forces - indeed, it is human interpretation that creates 
        tensions. It is vital that the Government, religious 
        authorities and a wide range of civil society actors work 
        jointly to uphold human dignity and equality for all.''.
            (11) Several other countries have provisions in their penal 
        code similar to those described in this section with respect to 
        Brunei, which also represent instances of grave abuses of human 
        rights when enforced.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the implementation of Brunei's draconian new penal code 
        should be condemned in the strongest possible terms;
            (2) the United States should reaffirm its commitment to the 
        full enjoyment of human rights by all people;
            (3) particular protections are needed for vulnerable 
        populations throughout the world, including the LGBTI 
        community, women, children, and religious minorities;
            (4) the revised penal code in Brunei represents an assault 
        on the rights of those vulnerable populations, as well as on 
        the people of Brunei as a whole;
            (5) the President and Secretary of State should condemn in 
        clear terms the grave breach of human rights represented by the 
        new penal code;
            (6) the Government of Brunei should consider the potential 
        negative impact of these new provisions on tourism from, and 
        business with, countries that respect human rights; and
            (7) sanctions should be imposed on any official of any 
        other country who implements or enforces provisions similar to 
        those found in the revised penal code of Brunei.

SEC. 4. IMPOSITION OF SANCTIONS UNDER THE GLOBAL MAGNITSKY HUMAN RIGHTS 
              ACCOUNTABILITY ACT.

    Not later than 180 days after the date of the enactment of this 
Act, the President may impose sanctions pursuant to the authorities 
provided by section 1263(a)(1) of the National Defense Authorization 
Act for Fiscal Year 2016 (22 U.S.C. 2656 note) with respect to each 
official of Brunei who the President determines is responsible for 
implementing the penal code described in section 2 of this Act in a 
manner that constitutes ``extrajudicial killings, torture, or other 
gross violations of internationally recognized human rights'' for 
purposes of such section 1263(a)(1).

SEC. 5. REPORTS REQUIRED.

    (a) Annual Report on Enforcement of Foreign Criminal Law 
Provisions.--Not later than 180 days after the date of the enactment of 
this Act, and annually thereafter, the Secretary of State, in 
consultation with the Ambassador at Large for International Religious 
Freedom and the Special Envoy for the Human Rights of LGBTI Persons, 
shall submit to Congress a report on the enforcement of penal or 
criminal provisions of law of foreign countries explicitly targeting or 
disproportionately enforced against the LGBTI community, women, 
children, religious minorities, or other vulnerable populations subject 
to the jurisdiction of each such foreign country.
    (b) Report Relating to Asylum Seekers in the United States.--Not 
later than 180 days after the date of the enactment of this Act, and 
annually thereafter, the Secretary of Homeland Security, in 
consultation with the Attorney General, shall submit to Congress a 
report that includes--
            (1) the number of nationals of Brunei that applied for 
        status as a refugee or asylee in the United States;
            (2) the number of such nationals that were granted such 
        status; and
            (3) the number of such nationals that were denied such 
        status on the basis of lacking a credible fear of persecution.
    (c) Report Relating to Refugees in Other Countries.--Not later than 
180 days after the date of the enactment of this Act, and annually 
thereafter, the Secretary of State shall submit to Congress a report 
describing the manner in which the Department of State is supporting 
the efforts of refugees from Brunei to obtain asylum in other 
countries.
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