S.Amdt. 654

SA 654. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

DIVISION F--GLOBAL RESPECT ACT OF 2023

SEC. 6001. SHORT TITLE.

This division may be cited as the ``Global Respect Act of
2023''.

SEC. 6002. FINDINGS.

Congress makes the following findings:
(1) The dignity, freedom, and equality of all human beings
are fundamental to a thriving global community.
(2) An alarming trend of violence directed at lesbian, gay,
bisexual, transgender, and intersex (commonly referred to as
``LGBTI'') individuals around the world continues.
(3) Approximately \1/3\ of all countries have laws
criminalizing consensual same-sex relations, and many have
enacted policies or laws that would further target LGBTI
individuals.
(4) Every year, thousands of individuals around the world
are targeted for harassment, attack, arrest, and murder on
the basis of their sexual orientation or gender identity.
(5) Those who commit crimes against LGBTI individuals often
do so with impunity, and are not held accountable for their
crimes.
(6) In many instances, police, prison, military, and
civilian government authorities have been directly complicit
in abuses aimed at LGBTI citizens, including arbitrary
arrest, torture, and sexual abuse.
(7) Laws criminalizing consensual same-sex relations
severely hinder access to HIV/AIDS treatment, information,
and preventive measures for LGBTI individuals and families.
(8) Many countries are making positive developments in the
protection of the basic human rights of LGBTI individuals.

SEC. 6003. DEFINITIONS.

In this division:
(1) Admission; admitted.--The terms ``admission'' and
``admitted'' have the meanings given those terms in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means--
(A) an individual who is a citizen or national of a foreign
country (including any such individual who is also a citizen
or national of the United States), including leaders or
officials of governmental entities of a foreign country; or
(B) any entity not organized solely under the laws of the
United States or existing solely in the United States,
including governmental entities of a foreign country.

SEC. 6004. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR
VIOLATIONS OF HUMAN RIGHTS OF LGBTI
INDIVIDUALS.

(a) List Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a list of each foreign person that the President
determines, based on credible information, on or after such
date of enactment--
(A) engages in, is responsible for, or is complicit in,
conduct described in paragraph (2);
(B) acts as an agent of or on behalf of a foreign person in
a matter relating to conduct described in paragraph (2); or
(C) is responsible for, or complicit in, inciting a foreign
person to engage in conduct described in paragraph (2).
(2) Conduct described.--Conduct described in this paragraph
is any of the following, conducted with respect to an
individual based on the actual or perceived sexual
orientation, gender identity, or sex characteristics of the
individual:
(A) Torture or cruel, inhuman, or degrading treatment or
punishment of the individual.
(B) Prolonged detention of the individual without charges
or trial.
(C) Causing the disappearance of the individual by the
abduction and clandestine detention of the individual.
(3) Credible information.--For purposes of paragraph (1),
credible information includes information obtained by other
countries or nongovernmental organizations that monitor
violations of human rights.
(b) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required by
subsection (a) as new information becomes available.
(c) Removal.--A person may be removed from the list
required by subsection (a) if the President determines and
reports to the appropriate congressional committees not later
than 15 days before the removal of the person from the list
that--
(1) credible information exists that the person did not
engage in the activity for which the person was added to the
list;
(2) the person has been prosecuted appropriately for the
activity; or
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for
the activity, and has credibly committed to not engage in an
activity described in subsection (a) in the future.
(d) Form.--
(1) In general.--The list required by subsection (a)--
(A) shall, notwithstanding 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, be submitted in unclassified form
and be published in the Federal Register; and
(B) may include a classified annex only as provided in
paragraph (2).
(2) Use of classified annex.--The President may include a
person on the list required by subsection (a) in a classified
annex to the 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 the annex, and the inclusion of the person
in the annex, would not undermine the overall purpose of this
section to publicly identify foreign persons engaging in
activities described in subsection (a) in order to increase
accountability for such conduct; and
(B) not later than 15 days before including the person in
the annex, submits to the appropriate congressional
committees notice of, and a justification for, including or
continuing to include the person in the classified annex
despite the existence of any publicly available credible
information indicating that the person engaged in an activity
described in subsection (a).
(e) 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 subsection (a) may be
submitted to the Secretary of State for evaluation.
(f) Requests From Appropriate Congressional Committees.--
(1) Consideration of information.--The President shall
consider information provided by the chairperson or ranking
member of any of the appropriate congressional committees in
determining whether to include a foreign person on the list
required by subsection (a).

[[Page S2749]]

(2) Requests.--Not later than 120 days after receiving a
written request from the chairperson or ranking member of one
of the appropriate congressional committees with respect to
whether a foreign person meets the criteria for being added
to the list required by subsection (a), the President shall
submit a response to the chairperson or ranking member, as
the case may be, with respect to the determination of the
President with respect to the person.
(3) Removal.--If the President removes from the list
required by subsection (a) a person that had been placed on
the list pursuant to a request the chairperson or ranking
member of one of the appropriate congressional committees
under paragraph (2), the President shall provide to the
chairperson or ranking member any information that
contributed to the decision to remove the person from the
list.
(4) Form.--The President may submit a response required by
paragraph (2) or (3) in classified form if the President
determines that it is necessary for the national security
interests of the United States to do so.

SEC. 6005. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE FOR
VIOLATIONS OF HUMAN RIGHTS OF LGBTI
INDIVIDUALS.

(a) Ineligibility for Visas and Admission to the United
States.--An individual who is a foreign person on the list
required by section 6004(a) is ineligible to receive a visa
to enter the United States and ineligible to be admitted to
the United States.
(b) Current Visas Revoked and Removal From United States.--
(1) In general.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), the visa or other
documentation of an individual on the list required by
section 6004(a), and the Secretary of Homeland Security shall
remove any such individual from the United States.
(2) Regulations required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
and the Secretary of Homeland Security shall prescribe such
regulations as are necessary to carry out this subsection.
(c) Waivers.--The President may waive the application of
subsection (a) or (b) with respect to a foreign person if the
President--
(1) determines that such a waiver--
(A) 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, the Convention on Consular Relations, done
at Vienna April 24, 1963, and entered into force March 19,
1967, or other applicable international obligations of the
United States; or
(B) is in the national security interests of the United
States; and
(2) not less than 15 days before the granting of the
waiver, submits to the appropriate congressional committees a
notice of and justification for the waiver.

SEC. 6006. SENSE OF CONGRESS WITH RESPECT TO ADDITIONAL
SANCTIONS.

It is the sense of Congress that the President should use
existing authorities to impose targeted sanctions (in
addition to section 6005) with respect to foreign persons on
the list required by section 6004(a) to push for
accountability for acts described in section 6004(a).

SEC. 6007. REPORT TO CONGRESS.

Not later than one year after the date of the enactment of
this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a
report on--
(1) the actions taken to carry out this division,
including--
(A) the number of foreign persons added to or removed from
the list required by section 6004(a) during the year
preceding the report, the dates on which those persons were
added or removed, and the reasons for adding or removing
those persons; and
(B) in each report after the first such report, an analysis
that compares increases or decreases in the number of persons
added to or removed from the list year-over-year and the
reasons for such increases or decreases; and
(2) any efforts by the President to coordinate with the
governments of other countries, as appropriate, to impose
sanctions that are similar to the sanctions imposed under
this division.

SEC. 6008. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR
GENDER IDENTITY.

(a) Tracking Violence or Criminalization Related to Sexual
Orientation or Gender Identity.--The Assistant Secretary of
State for Democracy, Human Rights, and Labor shall designate
a Bureau-based senior officer or officers who shall be
responsible for tracking violence, and criminalization
related to actual or perceived sexual orientation or gender
identity.
(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'' at the end;
(B) in paragraph (12)--
(i) in subparagraph (B), by striking ``and'' at the end;
and
(ii) in subparagraph (C)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(13) wherever applicable, government violence or
criminalization that is based on actual or perceived sexual
orientation or gender identity.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following: ``Wherever
applicable, each report under this section shall also include
information regarding government violence or criminalization
that is based on actual or perceived sexual orientation,
gender identity, or sex characteristics.''.
______