Identification of foreign persons responsible for violations of human rights of LGBTQI 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. (D) Other flagrant denial of the right to life, liberty, or the security 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). (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.