Section 1 Short title
This Act may be cited as the “Chyna Gibson Stop the Transgender Murder Epidemic Act of 2023” or the “Chyna Gibson STME Act of 2023”.
Chyna Gibson Stop the Transgender Murder Epidemic Act of 2023
A BILL
To establish a Commission to address the pervasive, and targeted epidemic of fatal violence, economic discrimination, and other factors disproportionally impacting members of the transgender community, and to make recommendations to Congress on appropriate remedies.
Sec. 2 Findings
Congress finds the following:
One of the most underreported trends in the LGBTIQA+ community is the alarming rate at which members of the gender-nonconforming, gender-expansive community, and especially transgender women of color, are murdered.
Fatal violence disproportionately affects transgender women of color, and the intersections of racism, sexism, homophobia, biphobia, transphobia, and unchecked access to guns conspire to deprive them of employment, housing, health care, and other necessities, making them more vulnerable to a culture of violence.
The Human Rights Campaign reports since 2013, over 200 transgender and gender-expansive individuals have been killed in the United States.
In 2016, it is estimated that, while the overall murder rate for the United States was 1 in 19,000 per year, the murder rate for Black transgender women was 1 in 2,600, more than 7 times as high as that of the general population.
In 2018, according to the Human Rights Campaign, 26 transgender people suffered violent deaths in the United States, a majority of them were Black transgender women.
In 2019, at least 25 transgender or gender nonconforming people fatally shot or killed by other violent means.
In 2020, at least 37 trans and gender nonconforming people were victims of fatal violence.
This epidemic of targeted and pervasive murder disproportionately impacts transgender women of color, who comprise approximately 4 in 5 of all antitransgender homicides and those numbers do not account for unreported and misreported murders or transgender people who have unexpectedly died under suspicious circumstances, but whose deaths have not been determined to be homicide, reports the Human Rights Campaign.
Transgender people are a demographic with an elevated risk of becoming victims of violence and discrimination, in fact, it is estimated that trans women are 4.3 times more likely to become homicide victims than all women, reports the Human Rights Campaign.
Many transgender women turn to the dangerous underground economy of sex work because it has historically been a place where transgender women have been able to make a living and find acceptance in a community of peers.
The National Center for Transgender Equality reports that more than 1 in 4 transgender people have faced a bias-driven assault, and rates are higher for trans women and transgender people of color.
When transgender students are left unprotected from discrimination at all levels of education, it promotes a negative impact on their overall well-being, future economic stability, and employment opportunities.
Members of the Transgender community face considerable financial burdens: common health care practices for trans people, such as hormone replacement therapy and gender-affirming surgery, are costly, and according to the American Journal of Psychiatry, undergoing gender-affirming surgery often leads to long term mental health benefits, but procedures can cost up to $75,000.
When a transgender person dies, the police reports of their deaths often are inaccurate, misgendering them or using incorrect pronouns, making it difficult for communities to be informed of a trans woman’s death and delay or impede the gathering of accurate data on deaths.
Sec. 3 Sense of Congress
It is the sense of Congress that—
there should be a commitment to combating factors that lead to the murder of gender-nonconforming, gender-expansive, and transgender women of color in the United States;
there should be a dissemination of culturally-relevant resources that support transgender people and their families and increase awareness of the unique myriad of issues the transgender community fact;
the nation should condemn the violent, targeted, and senseless documented murders of the over 200 gender-nonconforming, gender-expansive, and transgender individuals in the United States since 2013; and
there should be celebration that even in the face of this physical danger, hatred, and discrimination, gender-nonconforming, gender-expansive, and transgender Americans live courageously and overcome unjust barriers in all corners of our country.
Sec. 4 Establishment and duties
Establishment— To establish a Commission to study and develop proposals to combat the epidemic of the murdering of gender-nonconforming, gender-expansive, and transgender women of color.
Duties— The Commission’s documentation and examination shall include the facts related to the following:
Researching issues gender-nonconforming, gender-expansive, and transgender women of color face, such as—
limited access to and avoidance of health care due to stigma and past negative experiences with providers, prioritization of gender-related health care, and concerns about adverse interactions between antiretroviral medications and hormone therapy;
the extensive degrading, debasing, and denial of humanity;
forms of discrimination in the public and private sectors against gender-nonconforming, gender-expansive, and transgender women of color that underlie many of the HIV, and poverty-related risk factors frequently reported in this population;
the Federal and State laws that discriminate against the rights of transgender people;
stigma surrounding early trans-identity, which is often rooted in inaccurate beliefs and politically-motivated attacks on transgender identities, this stigma erects barriers in virtually every facet of life, denying transgender people the equal opportunity to succeed and be accepted;
the treatment of gender-nonconforming, gender-expansive, and transgender women of color in the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture;
exorbitant levels of familial rejection, often from an early age, this rejection takes a devastating toll on individuals often causing isolation from physical and emotional resources that are essential to their well-being, in contrast, research shows that familial acceptance is a protective factor for transgender young people and can contribute to lower rates of depression, anxiety, substance use, HIV acquisition, and suicide attempts;
elevated rates of unemployment four times that of the United States general population, which is due, in part, to limited access to workplaces that are affirming and inclusive, transgender and gender-expansive people are put at greater risk for poverty, homelessness, and involvement with criminalized work;
sex-segregated prisons where many transwomen do not have access to trans-competent health care, and are usually housed with male inmates, which can lead to violence, sexual assault, and harassment while incarcerated, directly increasing their HIV risk;
employment and housing discrimination that leads directly to the need to engage in survival sex work for many who are denied opportunities for education, job training, and basic social services because of their transgender status, which correlates with increased exposure to fatal violence;
the intersections of racism, sexism, homophobia, biphobia, transphobia and unchecked access to firearms compound to create a culture of violence that disproportionately impacts communities of color;
immigration detainees and aid workers have given disturbing reports of individuals being held under inhumane conditions that threaten their physical safety; and
misgendering by local police statements and media reports, which can delay awareness of deadly incidents.
Recommending appropriate ways to educate the public of the Commission’s findings.
Recommending appropriate remedies in consideration of the Commission’s findings on the matters described in paragraph (1). In making such recommendations, the Commission shall address among other issues, the following questions:
How such recommendations comport with international standards of remedy for wrongs and injuries caused by the State, that include special measures, as understood by various relevant international protocols, laws, and findings.
How Federal laws and policies that continue to disproportionately and negatively affect gender-nonconforming, gender-expansive, and transgender women of color as a group, and those that perpetuate the lingering effects, materially and psychosocial, can be eliminated.
How the injuries resulting from matters described in paragraph (1) can be reversed and provide appropriate policies, programs, projects, and recommendations for the purpose of reversing the injuries.
How, in consideration of the Commission’s findings, any other forms of rehabilitation or restitution to gender-nonconforming, gender-expansive, and transgender women of color are warranted and what the form and scope of those measures should take.
Sec. 5 Membership
Number and appointment— The Commission shall be composed of 13 members, who shall be appointed, within 90 days after the date of enactment of this Actt, as follows:
All members shall be appointed by the President.
10 members shall be appointed from an LGBTIQA+ community advisory board, of which 5 shall be reserved for representatives from African American trans-community and predominantly African American transgender service organizations that have historically championed the cause of transgender human rights.
Organization—
Qualifications— All members of the Commission shall be persons who are specially qualified to serve on the Commission by virtue of their education, training, activism, or experience, particularly in the field of Transgender studies and human rights.
Terms— The term of office for members shall be for 2.5 years or half of the life of each Commission. A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made.
First meeting— The President shall call the first meeting of the Commission within 120 days after the date of the enactment of this Act or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later.
Quorum— Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings.
Chair and vice chair— The Commission shall elect a Chair and Vice-Chair from among its members. The term of office of each shall be for the life of the Commission.
Compensation— Except as provided in paragraph (7), each member of the Commission shall receive compensation at the daily equivalent of the annual rate of basic pay payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission.
No additional pay— A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service to the Commission.
Reimbursement— All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code.
Sec. 6 Powers of the Commission
Hearings and sessions— The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production.
Powers of subcommittees and members— Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.
Obtaining official data— The Commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the executive branch of the Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law.
Sec. 7 Administrative provisions
Staff— The Commission may appoint and fix the compensation of such personnel as the Commission considers appropriate.
Applicability of certain civil service laws— The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code.
Experts and consultants— The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of such title.
Administrative support services— The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator.
Contracts— The Commission may—
procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriation acts; and
enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriation acts.
Sec. 8 Report to Congress
The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date which is 18 months after the date of the first meeting of the Commission held pursuant to section 3.
Sec. 9 Termination
The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date which is one year after the date of the first meeting of the Commission held pursuant to section 3 and terminate 90 days after the date on which the Commission submits its report to the Congress under section 3.
Sec. 10 Authorization of appropriations
To carry out the provisions of this Act, there are authorized to be appropriated $10,000,000 per year, for a period not to exceed 5 years.