Sec. 4. Sanctions on individuals responsible for violations of human rights against LGBTI people
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Not later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall transmit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information including information obtained by other countries or by nongovernmental organizations that monitor violations of human rights— is responsible for or complicit in, with respect to persons based on actual or perceived sexual orientation, gender identity, or sex characteristics— cruel, inhuman, or degrading treatment or punishment; prolonged detention without charges and trial; causing the disappearance of persons by the abduction and clandestine detention of such persons; or other flagrant denial of the right to life, liberty, or the security of such persons; acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1).
The list required by subsection
(a)shall be transmitted in unclassified form and shall be published 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refusal of visas or permits to enter the United States, except that the President may include a person in a classified, unpublished annex to such list if the President— determines that— it is vital for the national security interests of the United States to do so; and the use of such annex, and the inclusion 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 subsection (a)(1) in order to increase accountability for such conduct; and 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 the classified annex despite the existence of any publicly available credible information indicating that the foreign person engaged in an activity described in paragraph
(1)or
(2)of subsection (a). The President shall transmit to the appropriate congressional committees an update of the list required by subsection
(a)as new information becomes available. 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— credible information exists that the person did not engage in the activity for which the person was added to the list; the person has been prosecuted appropriately for the activity in which the person engaged; or the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the person engaged, and has credibly committed to not engage in an activity described in paragraph
(1)or
(2)of subsection (a). 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 who may meet the criteria to be included on the list required by subsection
(a)may be submitted to the Department of State for evaluation. The President shall also consider information provided by the Chair or Ranking Member of each of the appropriate congressional committees in determining whether to include a foreign person on the list required by subsection (a). Not later than 120 days after receiving a written request from the Chair 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 transmit a response to that Chair or Ranking Member, as the case may be, with respect to the President’s determination relating to such foreign person. If the President removes from the list required by subsection
(a)a person that had been placed on the list pursuant to a request under paragraph (2), the President shall provide to the relevant Chair or Ranking Member any information that contributed to such decision. The President may transmit a response 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. An individual who is a foreign person on the list required by subsection
(a)is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. 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 who would be ineligible to receive such a visa or documentation under subsection (e), and the Secretary of Homeland Security shall remove from the United States such an individual. 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. It is the sense of Congress that the President should impose additional targeted sanctions with respect to foreign persons on the list required by subsection
(a)to push for accountability for flagrant denials of the right to life, liberty, or the security of the person, through the use of designations and targeted sanctions provided for such conduct under other existing authorities. The President may waive the application of subsection (e), (f), or
(g)with respect to a person if the President determines and submits to the appropriate congressional committees notice and justification, that such a waiver— is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters 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 is in the national security interests of the United States. A waiver pursuant to a determination under subparagraph
(B)of paragraph
(1)shall be submitted not later than 15 days before the granting of such waiver. 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 committees a report on— the actions taken to carry out this section, including— the number of foreign persons added to or removed from the list required by subsection
(a)during the year preceding each report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons therefor; and 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 section. In this section, the term foreign person means— any 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 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. Section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ) is amended by adding at the end the following new subparagraph: Any alien who, while serving as an official of a foreign government, was responsible for or directly carried out serious violations of the human rights of LGBTI individuals or targeting LGBTI people, is inadmissible. .
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Sec. 4
Sanctions on individuals responsible for violations of human rights against LGBTI people
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