[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1996 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1996
To protect human rights and enhance opportunities for LGBTQI people
around the world, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2021
Mr. Markey (for himself, Mrs. Shaheen, Mr. Merkley, Mr. Leahy, Mr. Van
Hollen, Mr. Blumenthal, Mr. Wyden, Mr. Cardin, Mr. Durbin, Mr. Booker,
Mr. Murphy, Ms. Klobuchar, Mr. Padilla, Mr. Whitehouse, Mr. Schatz, Mr.
Casey, Mr. Coons, Ms. Baldwin, Mrs. Murray, Ms. Stabenow, Ms. Smith,
Ms. Rosen, and Mr. Kaine) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To protect human rights and enhance opportunities for LGBTQI people
around the world, 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 TITLES; TABLE OF CONTENTS.
(a) Short Titles.--This Act may be cited as the ``Greater
Leadership Overseas for the Benefit of Equality Act of 2021'' or the
``GLOBE Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short titles; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Documenting and responding to bias-motivated violence against
LGBTQI people abroad.
Sec. 5. Sanctions on individuals responsible for violations of human
rights against LGBTQI people.
Sec. 6. Combating international criminalization of LGBTQI status,
expression, or conduct.
Sec. 7. Foreign assistance to protect human rights of LGBTQI people.
Sec. 8. Global health inclusivity.
Sec. 9. Immigration reform.
Sec. 10. Issuance of passports and guarantee of citizenship to certain
children born abroad.
Sec. 11. Engaging international organizations in the fight against
LGBTQI discrimination.
Sec. 12. Representing the rights of LGBTQI United States citizens
deployed to diplomatic and consular posts.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The norms of good governance, human rights protections,
and the rule of law have been violated unconscionably with
respect to LGBTQI people in an overwhelming majority of
countries around the world, where LGBTQI people face violence,
hatred, bigotry, and discrimination because of who they are and
who they love.
(2) In at least 68 countries (almost 40 percent of
countries in the world), same-sex relations and relationships
are criminalized. Many countries also criminalize or otherwise
prohibit cross-dressing and gender-affirming treatments for
transgender individuals.
(3) The World Bank has begun to measure the macro-economic
costs of criminal laws targeting LGBTQI individuals through
lost productivity, detrimental health outcomes and violence, as
a step toward mitigating those costs.
(4) Violence and discrimination based on sexual orientation
and gender identity are documented in the Department of State's
annual Country Human Rights Reports to Congress. These reports
continue to show a clear pattern of human rights violations,
including murder, rape, torture, death threats, extortion, and
imprisonment, in every region of the world based on sexual
orientation and gender identity. In many instances police,
prison, military, and civilian government authorities have been
directly complicit in abuses aimed at LGBTQI citizens.
(5) As documented by the Department of State, LGBTQI
individuals are subjected in many countries to capricious
imprisonment, loss of employment, housing, access to health
care, and societal stigma and discrimination. LGBTQI-specific
restrictions on basic freedoms of assembly, press, and speech
exist in every region of the world.
(6) Targeted sanctions are an important tool to push for
accountability for violations of the human rights of LGBTQI
people.
(7) Anti-LGBTQI laws and discrimination pose significant
risks for LGBTQI youth who come out to their family or
community and often face rejection, homelessness, and limited
educational and economic opportunities. These factors
contribute to increased risks of substance abuse, suicide, and
HIV infection among LGBTQI youth.
(8) Anti-LGBTQI laws also increase global health risks.
Studies have shown that when LGBTQI people (especially LGBTQI
youth) face discrimination, they are less likely to seek HIV
testing, prevention, and treatment services.
(9) LGBTQI populations are disproportionately impacted by
the Mexico City Policy, also widely referred to as the ``global
gag rule''. LGBTQI people often receive much of their health
care through reproductive health clinics, and organizations
that cannot comply with the policy are forced to discontinue
work on United States-supported global health projects that are
frequently used by LGBTQI populations, including HIV prevention
and treatment, stigma reduction, and research.
(10) Because they face tremendous discrimination in the
formal labor sector, many sex workers are also LGBTQI
individuals, and many sex-worker-led programs and clinics serve
the LGBTQI community with safe, non-stigmatizing, medical and
social care. The United States Agency for International
Development has also referred to sex workers as a ``most-at-
risk population''. The anti-prostitution loyalty oath that
health care providers receiving United States assistance must
take isolates sex-worker-led and serving groups from programs
and reinforces stigma, undermining both the global AIDS
response and human rights. A 2013 Supreme Court opinion held
this requirement to be unconstitutional as it applies to United
States nongovernmental organizations and their foreign
affiliates.
(11) According to the Trans Murder Monitoring Project,
which monitors homicides of transgender individuals, there were
at least 350 cases of reported killings of trans and gender-
diverse people between October 2019 and September 2020.
(12) In many countries, intersex individuals experience
prejudice and discrimination because their bodies do not
conform to general expectations about sex and gender. Because
of these expectations, medically unnecessary interventions are
often performed in infancy without the consent or approval of
intersex individuals, in violation of international human
rights standards.
(13) Asylum and refugee protection are critical last-resort
protections for LGBTQI individuals, but those who seek such
protections face ostracization and abuse in refugee camps and
detention facilities. They are frequently targeted for
violence, including sexual assault, in refugee camps and in
immigration detention. LGBTQI individuals may be segregated
against their will for long periods in solitary confinement, in
an effort to protect them from such violence, but prolonged
solitary confinement itself represents an additional form of
abuse that is profoundly damaging to the social and
psychological well-being of any individual.
(14) The global COVID-19 pandemic has exacerbated
inequalities faced by LGBTQI individuals, including access to
health care, stigma, and discrimination, undermining LGBTQI
rights around the world.
(15) In December 2011, President Barack Obama directed all
Federal foreign affairs agencies to ensure that their
diplomatic, humanitarian, health and foreign assistance
programs take into account the needs of marginalized LGBTQI
communities and persons.
(16) In 2015, the Department of State established the
position of Special Envoy for the Human Rights of LGBTQI
Persons.
(17) In 2021, President Joseph Biden issued the Memorandum
on Advancing the Human Rights of Lesbian, Gay, Bisexual,
Transgender, Queer, and Intersex Persons Around the World,
which stated that it ``shall be the policy of the United States
to pursue an end to violence and discrimination on the basis of
sexual orientation, gender identity or expression, or sex
characteristics'' and called for United States global
leadership`` in the cause of advancing the human rights of
LGBTQI+ persons around the world''.
(18) In 2020, in Bostock v. Clayton County, the Supreme
Court held that Title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) prohibits discrimination on the basis of
gender identity and sexual orientation. On January 20, 2021,
President Biden issued Executive Order 13988 (86 Fed. Reg.
7023) to enforce this holding, which orders all Federal agency
heads, including the Secretary of State and the Administrator
of the United States Agency for International Development, to
review agency actions to determine what additional steps should
be taken to ensure that agency policies are consistent with the
nondiscrimination policy set forth in the Executive order.
(19) The use of United States diplomatic tools, including
the Department of State's exchange and speaker programs, to
address the human rights needs of marginalized communities has
helped inform public debates in many countries regarding the
protective responsibilities of any democratic government.
(20) Inclusion of human rights protections for LGBTQI
individuals in United States trade agreements, such as the
Agreement between the United States of America, the United
Mexican States, and Canada (commonly known as the ``USMCA'')
and trade preference programs, is intended--
(A) to ensure a level playing field for United
States businesses; and
(B) to provide greater workplace protections
overseas, compatible with those of the United States.
(21) Engaging multilateral fora and international
institutions is critical to impacting global norms and to
broadening global commitments to fairer standards for the
treatment of all people, including LGBTQI people. The United
States must remain a leader in the United Nations system and
has a vested interest in the success of that multilateral
engagement.
(22) Ongoing United States participation in the Equal
Rights Coalition, which is a new intergovernmental coalition of
more than 40 governments and leading civil society
organizations that work together to protect the human rights of
LGBTQI people around the world, remains vital to international
efforts to respond to violence and impunity.
(23) Those who represent the United States abroad,
including our diplomats, development specialists and military,
should reflect the diversity of our country and honor America's
call to equality, including through proud and open service
abroad by LGBTQI Americans and those living with HIV.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
provided in section 5, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(3) LGBTQI.--The term ``LGBTQI'' means lesbian, gay,
bisexual, transgender, queer, or intersex.
(4) Member of a vulnerable group.--The term ``member of a
vulnerable group'' means an alien who--
(A) is younger than 21 years of age or older than
60 years of age;
(B) is pregnant;
(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
(D) is victim or witness of a crime;
(E) has filed a nonfrivolous civil rights claim in
Federal or State court;
(F) has a serious mental or physical illness or
disability;
(G) has been determined by an asylum officer in an
interview conducted under section 235(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)) to have a credible fear of persecution;
or
(H) has been determined by an immigration judge or
by the Secretary of Homeland Security, based on
information obtained during intake, from the alien's
attorney or legal service provider, or through credible
self-reporting, to be--
(i) experiencing severe trauma; or
(ii) a survivor of torture or gender-based
violence.
(5) Sexual orientation.--The term ``sexual orientation''
means actual or perceived homosexuality, heterosexuality, or
bisexuality.
SEC. 4. DOCUMENTING AND RESPONDING TO BIAS-MOTIVATED VIOLENCE AGAINST
LGBTQI PEOPLE ABROAD.
(a) Information Required To Be Included in Annual Country Reports
on Human Rights Practices.--
(1) Section 116.--Section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, the nature and extent of
criminalization, discrimination, and violence based on sexual
orientation or gender identity, including the identification of
countries that have adopted laws or constitutional provisions
that criminalize or discriminate based on sexual orientation or
gender identity, including detailed descriptions of such laws
and provisions.''.
(2) Section 502B.--Section 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304) is amended--
(A) by redesignating the second subsection (i)
(relating to child marriage status) as subsection (j);
and
(B) by adding at the end the following:
``(k) Sexual Orientation and Gender Identity.--The report required
under subsection (b) shall include, wherever applicable, the nature and
extent of criminalization, discrimination, and violence based on sexual
orientation or gender identity, including the identification of
countries that have adopted laws or constitutional provisions that
criminalize or discriminate based on sexual orientation or gender
identity, including detailed descriptions of such laws and
provisions.''.
(b) Review at Diplomatic and Consular Posts.--
(1) In general.--In preparing the annual country reports on
human rights practices required under section 116 or 502B of
the Foreign Assistance Act of 1961, as amended by subsection
(a), the Secretary of State shall obtain information from each
diplomatic and consular post with respect to--
(A) incidents of violence against LGBTQI people in
the country in which such post is located;
(B) an analysis of the factors enabling or
aggravating such incidents, such as government policy,
societal pressure, or external actors; and
(C) the response (whether public or private) of the
personnel of such post with respect to such incidents.
(2) Addressing bias-motivated violence.--The Secretary of
State shall include in the annual strategic plans of the
regional bureaus concrete diplomatic strategies, programs, and
policies to address bias-motivated violence using information
obtained pursuant to paragraph (1), such as programs to build
capacity among civil society or governmental entities to
document, investigate, and prosecute instances of such violence
and provide support to victims of such violence.
(c) Interagency Group.--
(1) Establishment.--There is established an interagency
group on responses to urgent threats to LGBTQI people in
foreign countries (referred to in this subsection as the
``interagency group''), which--
(A) shall be chaired by the Secretary of State; and
(B) shall include the Secretary of Defense, the
Secretary of the Treasury, the Administrator of the
United States Agency for International Development, the
Attorney General, and the head of each other Federal
department or agency that the President determines is
relevant to the duties of the interagency group.
(2) Duties.--The duties of the interagency group shall be--
(A) to coordinate the responses of each
participating agency with respect to threats directed
towards LGBTQI populations in other countries;
(B) to develop longer-term approaches to policy
developments and incidents negatively impacting the
LGBTQI populations in specific countries;
(C) to advise the President on the designation of
foreign persons for sanctions pursuant to section 5;
(D) to identify United States laws and policies, at
the Federal, State, and local levels, that affirm the
equality of LGBTQI persons; and
(E) to use such identified laws and policies to
develop diplomatic strategies to share the expertise
obtained from the implementation of such laws and
policies with appropriate officials of countries where
LGBTQI persons do not enjoy equal protection under the
law.
(d) Special Envoy for the Human Rights of LGBTQI Peoples.--
(1) Establishment.--The Secretary of State shall establish,
in the Bureau of Democracy, Human Rights, and Labor of the
Department of State, a permanent Special Envoy for the Human
Rights of LGBTQI Peoples (referred to in this section as the
``Special Envoy''), who--
(A) shall be appointed by the President; and
(B) shall report directly to the Assistant
Secretary for Democracy, Human Rights, and Labor.
(2) Rank.--The Special Envoy may be appointed at the rank
of Ambassador.
(3) Purposes.--The Special Envoy shall--
(A) direct the efforts of the United States
Government relating to United States foreign policy, as
directed by the Secretary, regarding--
(i) human rights abuses against LGBTQI
people and communities internationally; and
(ii) the advancement of human rights for
LGBTQI people; and
(B) represent the United States internationally in
bilateral and multilateral engagement on the matters
described in subparagraph (A).
(4) Duties.--
(A) In general.--The Special Envoy--
(i) shall serve as the principal advisor to
the Secretary of State regarding human rights
for LGBTQI people internationally;
(ii) notwithstanding any other provision of
law--
(I) shall direct activities,
policies, programs, and funding
relating to the human rights of LGBTQI
people and the advancement of LGBTQI
equality initiatives internationally,
for all bureaus and offices of the
Department of State; and
(II) shall lead the coordination of
relevant international programs for all
other Federal agencies relating to such
matters;
(iii) shall represent the United States in
diplomatic matters relevant to the human rights
of LGBTQI people, including criminalization,
discrimination, and violence against LGBTQI
people internationally;
(iv) shall direct, as appropriate, United
States Government resources to respond to needs
for protection, integration, resettlement, and
empowerment of LGBTQI people in United States
Government policies and international programs,
including to prevent and respond to
criminalization, discrimination, and violence
against LGBTQI people internationally;
(v) shall design, support, and implement
activities regarding support, education,
resettlement, and empowerment of LGBTQI people
internationally, including for the prevention
and response to criminalization,
discrimination, and violence against LGBTQI
people internationally;
(vi) shall lead interagency coordination
between the foreign policy priorities related
to the human rights of LGBTQI people and the
development assistance priorities of the LGBTQI
Coordinator of the United States Agency for
International Development;
(vii) shall conduct regular consultation
with nongovernmental organizations working to
prevent and respond to criminalization,
discrimination, and violence against LGBTQI
people internationally;
(viii) shall ensure that--
(I) programs, projects, and
activities of the Department of State
and the United States Agency for
International Development designed to
prevent and respond to criminalization,
discrimination, and violence against
LGBTQI people internationally are
subject to rigorous monitoring and
evaluation; and
(II) there is a uniform set of
indicators and standards for such
monitoring and evaluation that is used
across international programs in
Federal agencies; and
(ix) is authorized to represent the United
States in bilateral and multilateral fora on
matters relevant to the human rights of LGBTQI
people internationally, including
criminalization, discrimination, and violence
against LGBTQI people internationally.
(5) Data repository.--The Bureau of Democracy, Human
Rights, and Labor--
(A) shall be the central repository of data on all
United States programs, projects, and activities that
relate to prevention and response to criminalization,
discrimination, and violence against LGBTQI people
internationally; and
(B) shall produce--
(i) a full accounting of United States
Government spending on such programs, projects,
and activities; and
(ii) evaluations of the effectiveness of
such programs, projects, and activities.
(e) Training at International Law Enforcement Academies.--The
President shall ensure that any international law enforcement academy
supported by United States assistance shall provide training with
respect to the rights of LGBTQI people, including through specialized
courses highlighting best practices in the documentation, investigation
and prosecution of bias-motivated hate crimes targeting persons based
on actual or perceived sexual orientation, gender identity, or sex
characteristics.
SEC. 5. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN
RIGHTS AGAINST LGBTQI PEOPLE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on the Judiciary of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(3) Immediate family member.--The term ``immediate family
member'' has the meaning given such term for purposes of
section 7031(c) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division K of
Public Law 116-260).
(4) Person.--The term ``person'' has the meaning given such
term in section 591.308 of title 31, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).
(b) In General.--Not later than 180 days after the date of the
enactment of this Act and biannually thereafter, the President shall
submit to the appropriate congressional committees a list of each
foreign person the President determines, based on credible information,
including information obtained by other countries or by nongovernmental
organizations that monitor violations of human rights--
(1) is responsible for or complicit in, with respect to
persons based on actual or perceived sexual orientation, gender
identity, or sex characteristics--
(A) cruel, inhuman, or degrading treatment or
punishment;
(B) prolonged detention without charges and trial;
(C) causing the disappearance of such persons by
the abduction and clandestine detention of such
persons; or
(D) other flagrant denial of the right to life,
liberty, or the security of such persons;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
or
(3) is responsible for or complicit in inciting a foreign
person to engage in an activity described in paragraph (1).
(c) Form; Updates; Removal.--
(1) Form.--The list required under subsection (b) shall be
submitted in unclassified form and 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 foreign person
in a classified, unpublished annex to such list if the
President--
(A) determines that--
(i) such annex is vital for the national
security interests of the United States; and
(ii) 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
(b) in order to increase accountability for
such conduct; and
(B) 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 such annex despite the existence
of any publicly available credible information
indicating that each such foreign person engaged in an
activity described in subsection (b).
(2) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required under
subsection (b) as new information becomes available.
(3) Removal.--A foreign person may be removed from the list
required under subsection (b) if the President determines and
reports to the appropriate congressional committees not later
than 15 days before the removal of such person from such list
that--
(A) credible information exists that such person
did not engage in the activity for which the person was
included in such list;
(B) such person has been prosecuted appropriately
for the activity in which such person engaged; or
(C) such person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which such person
engaged, and has credibly committed to not engage in an
activity described in subsection (b).
(d) 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
under subsection (b) may be submitted to the Department of State for
evaluation.
(e) Requests From Chair and Ranking Member of Appropriate
Congressional Committees.--
(1) Consideration of information.--In addition to the
guidance issued pursuant to subsection (d), 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 in the list
required under subsection (b).
(2) Requests.--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 included in the
list required under subsection (b), the President shall respond
to such Chair or Ranking Member, as the case may be, with
respect to the President's determination relating to such
foreign person.
(3) Removal.--If the President removes a foreign person
from the list required under subsection (b) that had been
included in such list pursuant to a request under paragraph
(2), the President shall provide to the relevant Chair or
Ranking Member of one of the appropriate congressional
committees any information that contributed to such decision.
(4) Form.--The President may submit the response required
under paragraph (2) or paragraph (3) in classified form if the
President determines that such form is necessary for the
national security interests of the United States.
(f) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--A foreign person on the list required under subsection
(b), and each immediate family member of such person, is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The issuing consular officer or
the Secretary of State, (or a designee of the Secretary
of State), in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)),
shall revoke any visa or other entry documentation
issued to a foreign person on the list required under
subsection (b), and any visa or other entry
documentation issued to any immediate family member of
such person, regardless of when the visa or other entry
documentation is issued.
(B) Effect of revocation.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
foreign person's possession.
(C) Rulemaking.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall prescribe such regulations as may be
necessary to carry out this subsection.
(D) Exception to comply with international
obligations.--Sanctions under this subsection shall not
apply with respect to a foreign person if admitting or
paroling such person into the United States 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, or other
applicable international obligations.
(3) Sense of congress with respect to additional
sanctions.--It is the sense of Congress that the President
should impose additional targeted sanctions with respect to
foreign persons on the list required under subsection (b) 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.
(4) Waivers in the interest of national security.--
(A) In general.--The President may waive the
application of paragraph (1) or (2) with respect to a
foreign person included in the list required under
subsection (b) if the President determines, and submits
to the appropriate congressional committees notice of,
and justification for, such determination, that such a
waiver--
(i) 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
(ii) is in the national security interests
of the United States.
(B) Timing of certain waivers.--A waiver pursuant
to a determination under subparagraph (A)(ii) shall be
submitted not later than 15 days before the granting of
such waiver.
(g) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the President,
acting through the Secretary of State, shall submit a report to the
appropriate congressional committees that describes--
(1) the actions taken to carry out this section,
including--
(A) the number of foreign persons added to or
removed from the list required under subsection (b)
during the year immediately preceding each such report;
(B) the dates on which such persons were added or
removed;
(C) the reasons for adding or removing such
persons; and
(D) an analysis that compares increases or
decreases in the number of such persons added or
removed 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
section.
SEC. 6. COMBATING INTERNATIONAL CRIMINALIZATION OF LGBTQI STATUS,
EXPRESSION, OR CONDUCT.
(a) Annual Strategic Review.--The Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall include, during the course of annual
strategic planning, an examination of--
(1) the progress made in countries around the world toward
the decriminalization of the status, expression, and conduct of
LGBTQI individuals;
(2) the obstacles that remain toward achieving such
decriminalization; and
(3) the strategies available to the Department of State and
the United States Agency for International Development to
address such obstacles.
(b) Elements.--The examination described in subsection (a) shall
include--
(1) an examination of the full range of criminal and civil
laws of other countries that disproportionately impact
communities of LGBTQI individuals or apply with respect to the
conduct of LGBTQI individuals;
(2) in consultation with the Attorney General, a list of
countries in each geographic region with respect to which--
(A) the Attorney General, acting through the Office
of Overseas Prosecutorial Development Assistance and
Training of the Department of Justice, shall prioritize
programs seeking--
(i) to decriminalize the status,
expression, and conduct of LGBTQI individuals;
(ii) to monitor the trials of those
prosecuted because of such status, expression,
or conduct; and
(iii) to reform related laws having a
discriminatory impact on LGBTQI individuals;
(B) applicable speaker or exchange programs
sponsored by the United States Government shall bring
together civil society and governmental leaders--
(i) to promote the recognition of LGBTQI
rights through educational exchanges in the
United States; and
(ii) to support better understanding of the
role that governments and civil societies
mutually play in assurance of equal treatment
of LGBTQI populations abroad.
SEC. 7. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS OF LGBTQI PEOPLE.
(a) Sense of Congress.-- It is the sense of Congress that the full
implementation of Executive Order 13988 (86 Fed. Reg. 7023; January 20,
2021) and the holding in Bostock v. Clayton County requires that United
States foreign assistance and development organizations adopt the
policy that no contractor, grantee, or implementing partner
administering United States assistance for any humanitarian,
development, or global health programs may discriminate against any
employee or applicant for employment because of their gender identity
or sexual orientation.
(b) Global Equality Fund.--
(1) In general.--The Secretary of State shall establish a
fund, to be known as the ``Global Equality Fund'', to be
managed by the Assistant Secretary of the Bureau of Democracy,
Human Rights and Labor, consisting of such sums as may be
appropriated to provide grants, emergency assistance, and
technical assistance to eligible civil society organizations
and human rights defenders working to advance and protect human
rights for all including LGBTQI persons, by seeking--
(A) to ensure the freedoms of assembly,
association, and expression;
(B) to protect persons or groups against the threat
of violence, including medically unnecessary
interventions performed on intersex infants;
(C) to advocate against laws that--
(i) criminalize LGBTQI status, expression,
or conduct; or
(ii) discriminate against individuals on
the basis of sexual orientation, gender
identity, or sex characteristics;
(D) to end explicit and implicit forms of
discrimination in the workplace, housing, education,
and other public institutions or services; and
(E) to build community awareness and support for
the human rights of LGBTQI persons.
(2) Contributions.--The Secretary of State may accept
financial and technical contributions, through the Global
Equality Fund, from corporations, bilateral donors,
foundations, nongovernmental organizations, and other entities
supporting the outcomes described in paragraph (1).
(3) Prioritization.--In providing assistance through the
Global Equality Fund, the Secretary of State shall ensure due
consideration and appropriate prioritization of assistance to
groups that have historically been excluded from programs
undertaken for the outcomes described in paragraph (1).
(c) LGBTQI Global Development Partnership.--The Administrator of
the United States Agency for International Development, in consultation
with the Secretary of State, shall establish a partnership, to be known
as the ``LGBTQI Global Development Partnership'', to leverage the
financial and technical contributions of corporations, bilateral
donors, foundations, nongovernmental organizations, and universities to
support the human rights and development of LGBTQI persons around the
world by supporting programs, projects, and activities--
(1) to strengthen the capacity of LGBTQI leaders and civil
society organizations;
(2) to train LGBTQI leaders to effectively participate in
democratic processes and lead civil institutions;
(3) to conduct research to inform national, regional, or
global policies and programs; and
(4) to promote economic empowerment through enhanced LGBTQI
entrepreneurship and business development.
(d) Consultation.--In coordinating programs, projects, and
activities through the Global Equality Fund or the Global Development
Partnership, the Secretary of State shall consult, as appropriate, with
the Administrator of the United States Agency for International
Development and the heads of other relevant Federal departments and
agencies.
(e) Report.--The Secretary of State shall submit to the appropriate
congressional committees an annual report on the work of, successes
obtained, and challenges faced by the Global Equality Fund and the
LGBTQI Global Development Partnership established in accordance with
this section.
(f) Limitation on Assistance Relating to Equal Access.--
(1) In general.--None of the amounts authorized to be
appropriated or otherwise made available to provide United
States assistance for any humanitarian, development, or global
health programs may be made available to any contractor,
grantee, or implementing partner, unless such recipient--
(A) ensures that the program, project, or activity
funded by such amounts are made available to all
elements of the population, except to the extent that
such program, project, or activity targets a population
because of the higher assessed risk of negative
outcomes among such populations;
(B) undertakes to make every reasonable effort to
ensure that each subcontractor or subgrantee of such
recipient will also adhere to the requirement described
in subparagraph (A); and
(C) agrees to return all amounts awarded or
otherwise provided by the United States, including such
additional penalties as the Secretary of State may
determine to be appropriate, if the recipient is not
able to adhere to the requirement described in
subparagraph (A).
(2) Quarterly report.--The Secretary of State shall provide
to the appropriate congressional committees a quarterly report
on the methods by which the Department of State monitors
compliance with the requirement under paragraph (1)(A).
(g) Office of Foreign Assistance.--The Secretary of State, acting
through the Director of the Office of Foreign Assistance, shall--
(1) monitor the amount of foreign assistance obligated and
expended on programs, projects, and activities relating to
LGBTQI people; and
(2) provide the results of the indicators tracking such
expenditure, upon request, to the Organization for Economic Co-
Operation and Development.
SEC. 8. GLOBAL HEALTH INCLUSIVITY.
(a) In General.--The Coordinator of United States Government
Activities to Combat HIV/AIDS Globally shall--
(1) develop mechanisms to ensure that the President's
Emergency Plan for AIDS Relief (PEPFAR) is implemented in a way
that equitably serves LGBTQI people in accordance with the
goals described in section 7(f), including by requiring all
partner entities receiving assistance through PEPFAR to receive
training on the health needs of and human rights standards
relating to LGBTQI people; and
(2) promptly notify Congress of any obstacles encountered
by a foreign government or contractor, grantee, or implementing
partner in the effort to equitably implement PEPFAR as
described in such subsection, including any remedial steps
taken by the Coordinator to overcome such obstacles.
(b) Report on International Prosecutions for Sex Work or Consensual
Sexual Activity.--Not later than 180 days after the date of the
enactment of this Act, the Coordinator shall submit a report to the
appropriate congressional committees that describes the manner in which
commodities, such as condoms provided by programs, projects, or
activities funded through PEPFAR or other sources of United States
assistance, have been used as evidence to arrest, detain, or prosecute
individuals in other countries in order to enforce domestic laws
criminalizing sex work or consensual sexual activity.
(c) Report on HIV/AIDS-Related Index Testing.--Not later than 180
days after the date of the enactment of this Act, the Coordinator shall
submit a report to the appropriate congressional committees that
describes the impact of partner notification services and index testing
on treatment adherence, intimate partner violence, and exposure to the
criminal justice system for key populations, including LGBTQI people
and sex workers, using qualitative and quantitative data.
(d) Report on Impact of ``Global Gag'' Rule.--Not later than 180
days after the date of the enactment of this Act, the Government
Accountability Office shall submit a report to the appropriate
congressional committees that describes the impact, as of the date of
the submission of the report, on the implementation and enforcement of
any iteration of the Mexico City Policy on the global LGBTQI community.
(e) Conforming Amendments.--
(1) PEPFAR authorization.--Section 301 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7631) is amended--
(A) by striking subsections (d) through (f); and
(B) by redesignating subsection (g) as subsection
(d).
(2) Allocation of funds by the global aids coordinator.--
Section 403(a) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673(a))
is amended--
(A) in paragraph (1)--
(i) by striking ``shall--'' and all that
follows through ``(A) provide'' and inserting
``shall provide'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (B); and
(B) in paragraph (2)--
(i) by striking ``Prevention strategy.--''
and all that follows through ``In carrying out
paragraph (1), the'' and inserting ``Prevention
strategy.--The''; and
(ii) by striking subparagraph (B).
(3) TVPA authorization.--Section 113 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7110) is amended--
(A) by striking subsection (g); and
(B) by redesignating subsections (h) and (i) as
subsections (g) and (h), respectively.
SEC. 9. IMMIGRATION REFORM.
(a) Refugees and Asylum Seekers.--
(1) LGBTQI social group.--Section 101(a)(42) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is
amended by adding at the end the following: ``For purposes of
determinations under this Act, a person who has been persecuted
on the basis of sexual orientation or gender identity shall be
deemed to have been persecuted on account of membership in a
particular social group and a person who has a well founded
fear of persecution on the basis of sexual orientation or
gender identity shall be deemed to have a well founded fear of
persecution on account of membership in a particular social
group.''.
(2) Annual report.--Section 103(e)(2) of the Immigration
and Nationality Act (8 U.S.C. 1103(e)) is amended--
(A) by striking ``information on the number'' and
inserting the following: ``information on--
``(A) the number''; and
(B) by striking the period at the end and inserting
the following: ``; and
``(B) the total number of applications for asylum and
refugee status received that are, in whole or in part, based on
persecution or a well founded fear of persecution on account of
sexual orientation or gender identity, and the rate of approval
administratively of such applications.''.
(3) Asylum filing deadline repeal.--
(A) In general.--Section 208(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)(2))
is amended--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraphs (C),
(D), and (E) as subparagraphs (B), (C), and
(D), respectively;
(iii) in subparagraph (C), as
redesignated--
(I) by striking ``notwithstanding
subparagraphs (B) and (C)'' and
inserting ``notwithstanding
subparagraph (B)'';
(II) by striking ``either''; and
(III) by striking ``or
extraordinary circumstances relating to
the delay in filing an application
within the period specified in
subparagraph (B)''; and
(iv) in subparagraph (D), as redesignated,
by striking ``Subparagraphs (A) and (B)'' and
inserting ``Subparagraph (A)''.
(B) Application.--The amendments made by
subparagraph (A) shall apply to applications for asylum
filed before, on, or after the date of the enactment of
this Act.
(b) Permanent Partners.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (35), by inserting ``includes any
permanent partner, but'' before ``does not include''; and
(2) by adding at the end the following:
``(53) The term `marriage' includes a permanent partnership.
``(54) The term `permanent partner' means an individual who is 18
years of age or older and who--
``(A) is in a committed, intimate relationship with another
individual who is 18 years of age or older, in which both
parties intend a lifelong commitment;
``(B) is financially interdependent with the other
individual;
``(C) is not married to anyone other than the other
individual;
``(D) is a national of or, in the case of a person having
no nationality, last habitually resided in a country that
prohibits marriage between the individuals; and
``(E) is not a first-, second-, or third-degree blood
relation of the other individual.
``(55) The term `permanent partnership' means the relationship that
exists between 2 permanent partners.''.
(c) Counsel.--
(1) Appointment of counsel.--Section 240(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)) is
amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``, and''; and
(C) by adding at the end the following:
``(D) notwithstanding subparagraph (A), in a case
in which an indigent alien requests representation,
such representation shall be appointed by the court, at
the expense of the Government, for such proceedings.''.
(2) Right to counsel.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362) is amended--
(A) by inserting ``(a)'' before ``In any'';
(B) by striking ``he'' and inserting ``the
person''; and
(C) by adding at the end the following:
``(b) Notwithstanding subsection (a), in a case in which an
indigent alien requests representation, such representation shall be
appointed by the court, at the expense of the Government, for the
proceedings described in subsection (a).
``(c) In an interview relating to admission under section 207, an
alien shall have the privilege of being represented (at no expense to
the Government) by such counsel, authorized to practice in such
proceedings, as the alien shall choose.''.
(d) Refugee Admissions of LGBTQI Aliens From Certain Countries.--
(1) In general.--Aliens who are nationals of or, in the
case of aliens having no nationality, last habitually resided
in a country that fails to protect against persecution on the
basis of sexual orientation or gender identity, and who share
common characteristics that identify them as targets of
persecution on account of sexual orientation or gender
identity, are eligible for Priority 2 processing under the
refugee resettlement priority system.
(2) Resettlement processing.--
(A) In general.--If a refugee admitted under
section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) discloses information to an employee or
contractor of the Bureau of Population, Refugees, and
Migration of the Department of State regarding the
refugee's sexual orientation or gender identity, the
Secretary of State, with the refugee's consent, shall
provide such information to the appropriate national
resettlement agency--
(i) to prevent the refugee from being
placed in a community in which the refugee is
likely to face continued discrimination; and
(ii) to place the refugee in a community
that offers services to meet the needs of the
refugee.
(B) Defined term.--The term ``national resettlement
agency'' means an agency contracting with the
Department of State to provide sponsorship and initial
resettlement services to refugees entering the United
States.
(e) Training Program.--
(1) Training program.--In order to create an environment in
which an alien may safely disclose such alien's sexual
orientation or gender identity, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
establish a training program for staff and translators who
participate in the interview process of aliens seeking asylum
or status as a refugee.
(2) Components of training program.--The training program
described in paragraph (1) shall include instruction
regarding--
(A) appropriate word choice and word usage;
(B) creating safe spaces and facilities for LGBTQI
aliens;
(C) confidentiality requirements; and
(D) nondiscrimination policies.
(f) Limitation on Detention.--
(1) Presumption of release.--
(A) In general.--Except as provided in
subparagraphs (B) and (C) and notwithstanding any other
provision of law, the Secretary of Homeland Security--
(i) may not detain an alien who is a member
of a vulnerable group under any provision of
the Immigration and Nationality Act (8 U.S.C.
1101 et seq.) pending a decision with respect
to whether the alien is to be removed from the
United States; and
(ii) shall immediately release any detained
alien who is a member of a vulnerable group.
(B) Exceptions.--The Secretary of Homeland Security
may detain, pursuant to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), an alien who is a member
of a vulnerable group if the Secretary makes a
determination, using credible and individualized
information, that the use of alternatives to detention
will not reasonably ensure the appearance of the alien
at removal proceedings, or that the alien is a threat
to another person or to the community. The fact that an
alien has a criminal charge pending against the alien
may not be the sole factor to justify the detention of
the alien.
(C) Removal.--If detention is the least restrictive
means of effectuating the removal from the United
States of an alien who is a member of a vulnerable
group, the subject of a final order of deportation or
removal, and not detained under subparagraph (B), the
Secretary of Homeland Security may, solely for the
purpose of such removal, detain the alien for a period
that is--
(i) the shortest possible period
immediately preceding the removal of the alien
from the United States; and
(ii) not more than 5 days.
(2) Weekly review required.--
(A) In general.--Not less frequently than weekly,
the Secretary of Homeland Security shall conduct an
individualized review of any alien detained pursuant to
paragraph (1)(B) to determine whether the alien should
continue to be detained under such paragraph.
(B) Release.--Not later than 24 hours after the
date on which the Secretary makes a determination under
subparagraph (A) that an alien should not be detained
under paragraph (1)(B), the Secretary shall release the
detainee.
(g) Protective Custody for LGBTQI Alien Detainees.--
(1) Detainees.--An LGBTQI alien who is detained pursuant to
subparagraph (B) or (C) of subsection (f)(1) may not be placed
in housing that is segregated from the general population
unless--
(A) the alien requests placement in such housing
for the protection of the alien; or
(B) the Secretary of Homeland Security determines,
after assessing all available alternatives, that there
is no available alternative means of separation from
likely abusers.
(2) Placement factors.--If an LGBTQI alien is placed in
segregated housing pursuant to paragraph (1), the Secretary of
Homeland Security shall ensure that such housing--
(A) includes non-LGBTQI aliens, to the extent
practicable; and
(B) complies with any applicable court order for
the protection of LGBTQI aliens.
(3) Protective custody requests.--If a detained LGBTQI
alien requests placement in segregated housing for the
protection of such alien, the Secretary of Homeland Security
shall grant such request.
(h) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security should hire a sufficient number of
Refugee Corps officers for refugee interviews to be held within a
reasonable period of time and adjudicated not later than 180 days after
a request for Priority 2 consideration is filed.
SEC. 10. ISSUANCE OF PASSPORTS AND GUARANTEE OF CITIZENSHIP TO CERTAIN
CHILDREN BORN ABROAD.
(a) Sex Identification Markers.--The Secretary of State, through
any appropriate regulation, manual, policy, form, or other updates,
shall ensure that an applicant may self-select the sex designation
(including a non-binary or neutral designation, such as ``X'') on any
identity document issued by the Department of State that displays sex
information, including passports and consular reports of birth abroad.
(b) Guarantee of Citizenship to Children Born Abroad Using
Assistive Reproduction Technology.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of State shall issue
regulations clarifying that no biological connection between a parent
and a child is required for a child to acquire citizenship at birth
from a United States citizen parent under subsections (c), (d), (e),
and (g) of section 301 of the Immigration and Nationality Act (8 U.S.C.
1401) if such parent is recognized as the legal parent of the child
from birth under the local law at the place of birth or under United
States law.
SEC. 11. ENGAGING INTERNATIONAL ORGANIZATIONS IN THE FIGHT AGAINST
LGBTQI DISCRIMINATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should be a leader in efforts by the
United Nations to ensure that human rights norms, development
principles, and political rights are fully inclusive of LGBTQI
people;
(2) United States leadership within international financial
institutions, such as the World Bank and the regional
development banks, should be used to ensure that the programs,
projects, and activities undertaken by such institutions are
fully inclusive of all people, including LGBTQI people; and
(3) the Secretary of State should seek appropriate
opportunities to encourage the equal treatment of LGBTQI people
during discussions with or participation in the full range of
regional, multilateral, and international fora, such as the
Organization of American States, the Organization for Security
and Cooperation in Europe, the European Union, the African
Union, and the Association of South East Asian Nations.
(b) Action Through the Equal Rights Coalition.--The Secretary of
State shall promote diplomatic coordination through the Equal Rights
Coalition, established in July 2016 at the Global LGBTQI Human Rights
Conference in Montevideo, Uruguay, and other multilateral mechanisms,
to achieve the goals and outcomes described in subsection (a).
SEC. 12. REPRESENTING THE RIGHTS OF LGBTQI UNITED STATES CITIZENS
DEPLOYED TO DIPLOMATIC AND CONSULAR POSTS.
(a) Sense of Congress.--Recognizing the importance of a diverse
workforce in the representation of the United States abroad and in
support of sound personnel staffing policies, it is the sense of
Congress that the Secretary of State should--
(1) prioritize efforts to ensure that foreign governments
do not impede the assignment of LGBTQI United States citizens
and their families to diplomatic and consular posts;
(2) open conversations with entities in the United States
private sector that engage in business in other countries to
the extent necessary to address any visa issues faced by such
private sector entities with respect to their LGBTQI employees;
and
(3) prioritize efforts to improve post and post school
information for LGBTQI employees and employees with LGBTQI
family members.
(b) Remedies for Family Visa Denial.--
(1) In general.--The Secretary of State shall use all
appropriate diplomatic efforts to ensure that the families of
LGBTQI employees of the Department of State are issued visas
from countries where such employees are posted.
(2) List required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit to Congress--
(A) a classified list of each country that has
refused to grant accreditation to LGBTQI employees of
the Department of State or to their family members
during the most recent 2-year period; and
(B) a description of the actions taken or intended
to be taken by the Secretary, in accordance with
paragraph (1), to ensure that LGBTQI employees are
appointed to appropriate positions in accordance with
diplomatic needs and personnel qualifications,
including actions specifically relating to securing the
accreditation of the families of such employees by
relevant countries.
(c) Improving Post Information and Overseas Environment for LGBTQI
Adults and Children.--
(1) In general.--The Secretary of State shall ensure that
LGBTQI employees and employees with LGBTQI family members have
adequate information to pursue overseas postings, including
country environment information for adults and children.
(2) Nondiscrimination policies for united states
government-supported schools.--The Secretary shall make every
effort to ensure schools abroad that receive assistance and
support from the United States Government under programs
administered by the Office of Overseas Schools of the
Department of State have active and clear nondiscrimination
policies, including policies relating to sexual orientation and
gender identity impacting LGBTQI children of all ages.
(3) Required information for lgbtqi children.--The
Secretary shall ensure that information focused on LGBTQI
children of all ages (including transgender and gender
nonconforming students) is included in post reports, bidding
materials, and Office of Overseas Schools reports, databases,
and adequacy lists.
<all>