[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4245 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4245
To protect human rights and enhance opportunities for LGBTQI people
around the world, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2025
Ms. Titus (for herself, Mr. McGovern, Mr. Pocan, Mrs. Ramirez, Mr.
Huffman, Ms. Norton, Mr. Garcia of California, Ms. Crockett, Ms. Tlaib,
Ms. Simon, Ms. Williams of Georgia, Mr. Johnson of Georgia, Ms. Balint,
Mr. Costa, Mr. Mullin, Mr. Keating, Mr. Khanna, Ms. Chu, Ms. McClellan,
Ms. Moore of Wisconsin, Mr. Cohen, Mr. Casten, Ms. Dean of
Pennsylvania, Ms. Strickland, Mr. Schneider, Ms. Jacobs, Ms. Omar, Mr.
Moulton, Mr. Gottheimer, Mr. Krishnamoorthi, Mr. Peters, Ms. Davids of
Kansas, Ms. Brownley, Mr. Castro of Texas, Mr. Lieu, Mr. Kennedy of New
York, Mr. Lynch, Mr. Goldman of New York, Ms. Jayapal, Mrs. Torres of
California, Ms. Barragan, Mrs. Hayes, and Mr. Nadler) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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 TITLE.
This Act may be cited as the ``Greater Leadership Overseas for the
Benefit of Equality Act of 2025'' or the ``GLOBE Act of 2025''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has been and must always be the
global leader in protecting human rights, including the rights
of lesbian, gay, bisexual, transgender, queer, and intersex
(LGBTQI) peoples around the world.
(2) The norms of good governance, human rights protections,
and the rule of law have been violated unconscionably with
respect to LGBTQI peoples in an overwhelming majority of
countries around the world, where LGBTQI people face violence,
hatred, bigotry, and discrimination because of who they are and
whom they love.
(3) In at least 62 countries, or roughly 32 percent of 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.
(4) 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.
(5) 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.
(6) As documented by the State Department, LGBTQI
individuals are subjected in many countries to capricious
imprisonment, loss of employment, housing, access to health
care, societal stigma, and discrimination. LGBTQI-specific
restrictions on basic freedoms of assembly, press, and speech
exist in every region of the world.
(7) Targeted sanctions are an important tool to push for
accountability for violations of the human rights of LGBTQI
people.
(8) 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.
(9) 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.
(10) 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.
(11) At the beginning of his second term, President Donald
Trump reinstated the global gag rule before abruptly
terminating nearly all foreign aid contracts.
(12) 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. USAID 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. The Supreme Court found this
requirement unconstitutional as it applies to United States
nongovernmental organizations and their foreign affiliates in
2013.
(13) 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 1, 2023, and September 30, 2024.
(14) 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, and are then often denied official
identification papers, blocking them from accessing basic
services and legal protections.
(15) 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.
(16) The global COVID-19 pandemic exacerbated inequalities
that LGBTQI individuals face, including access to health care,
stigma, and discrimination, undermining LGBTQI rights around
the world.
(17) 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.
(18) In 2015, the Department of State established the
position of Special Envoy for the Human Rights of LGBTQI
Persons.
(19) 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 is 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
on LGBTQI rights.
(20) In Bostock v. Clayton County, the Supreme Court held
that title VII of the Civil Rights Act of 1964 prohibits
discrimination on the basis of gender identity and sexual
orientation. On January 20, 2021, President Biden issued
Executive Order 13988 to enforce Bostock, which orders all
agency heads to determine the additional steps they should take
to ensure that administration policies are fully implemented
consistent with Bostock, including the Secretary of State and
the Administrator of USAID.
(21) 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.
(22) Inclusion of human rights protections for LGBTQI
individuals in United States trade agreements, as in the United
States-Mexico-Canada Agreement, and trade preference programs
is intended both to ensure a level playing field for United
States business and to provide greater workplace protections
overseas, compatible with those of the United States.
(23) 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.
(24) 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, is vital to international efforts to respond
to violence and impunity.
(25) Those who represent the United States abroad,
including our diplomats, development specialists and military,
should reflect the diversity of our country and honor the
United States call to equality, including through proud and
open service abroad by LGBTQI United States citizens and those
living with HIV.
SEC. 3. 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'' and
inserting a semicolon;
(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 new
paragraph:
``(13) wherever applicable, the nature and extent of
criminalization, discrimination, and violence by state and non-
state actors based on sexual orientation or gender identity, as
those terms are defined in section 12 of GLOBE Act of 2025, or
sex characteristics, including an identification of those
countries that have adopted laws or constitutional provisions
that criminalize or discriminate based on sexual orientation,
gender identity, or sex characteristics, including 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 new
subsection:
``(k) Sexual Orientation, Gender Identity, and Sex
Characteristics.--The report required under subsection (b) shall
include, wherever applicable, the nature and extent of criminalization,
discrimination, and violence by state and non-state actors based on
sexual orientation or gender identity, as those terms are defined in
section 12 of the GLOBE Act of 2025, or sex characteristics, including
an identification of those countries that have adopted laws or
constitutional provisions that criminalize or discriminate based on
sexual orientation, gender identity, or sex characteristics, including
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 by 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 the following:
(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.
(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
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 (in this subsection referred to as the
``interagency group''), that shall be chaired by the Secretary
of State and 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 the President
determines is relevant to the duties of the interagency group.
(2) Duties.--The duties of the interagency group shall be
to--
(A) coordinate the responses of each participating
agency with respect to threats directed towards LGBTQI
populations in other countries;
(B) develop longer-term approaches to policy
developments and incidents negatively impacting the
LGBTQI populations in specific countries;
(C) advise the President on the designation of
foreign persons for sanctions pursuant to section 4;
(D) identify United States laws and policies, at
the Federal, State, and local levels, that affirm the
equality of LGBTQI persons; and
(E) 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 (in this section referred to 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 Lab.
(2) Rank.--The President may appoint the Special Envoy at
the rank of Ambassador, by and with the advice and consent of
the Senate.
(3) Purpose.--The Special Envoy shall direct efforts of the
United States Government relating to United States foreign
policy, as directed by the Secretary, regarding human rights
abuses against LGBTQI people and communities internationally
and the advancement of human rights for LGBTQI people, and
shall represent the United States internationally in bilateral
and multilateral engagement on such matters.
(3) Duties.--The Special Envoy shall--
(A) serve as the principal advisor to the Secretary
of State regarding human rights for LGBTQI people
internationally;
(B) notwithstanding any other provision of law,
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 shall lead the coordination of
relevant international programs for all other Federal
agencies relating to such matters;
(C) represent the United States in diplomatic
matters relevant to the human rights of LGBTQI people,
including criminalization, discrimination, and violence
against LGBTQI people internationally;
(D) 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;
(E) 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;
(F) 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;
(G) conduct regular consultation with
nongovernmental organizations working to prevent and
respond to criminalization, discrimination, and
violence against LGBTQI people internationally; and
(H) 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.
(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.
(f) Senior LGBTQI Coordinator.--The Administrator of the United
States Agency for International Development shall establish a permanent
Senior LGBTQI Coordinator who shall be appointed by the Administrator
and will coordinate across the agency with respect to LGBTQI inclusive
development programming.
SEC. 4. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN
RIGHTS AGAINST LGBTQI PEOPLE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act and biannually thereafter, the President shall
transmit 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) torture or 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; or
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1).
(b) Form; Updates; Removal.--
(1) Form.--The list required by subsection (a) shall be
transmitted 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) it is vital for the national security
interests of the United States to do so; 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
(a) 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 (a).
(2) Updates.--The President shall transmit to the
appropriate congressional committees an update of the list
required by subsection (a) as new information becomes
available.
(3) Removal.--A foreign 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 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;
(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 (a); or
(D) removal of such sanctions is in the vital
national security interests of the United States.
(c) 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 Department of State for
evaluation.
(d) Requests From Chair and Ranking Member of Appropriate
Congressional Committees.--
(1) Consideration of information.--In addition to the
guidance issued pursuant to subsection (c), 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 by subsection (a).
(2) Requests.--Not later than 120 days after receiving a
written request from the Chair or Ranking Member of 1 of the
appropriate congressional committees with respect to whether a
foreign person meets the criteria for being included in the
list required by subsection (a), the President shall transmit a
response 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 from the list
required by subsection (a) a foreign person 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 1 of the appropriate congressional committees
any information that contributed to such decision.
(4) Form.--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.
(e) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--A foreign person on the list required by subsection
(a), 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) shall, in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry documentation issued to
a foreign person on the list required by subsection
(a), 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) Regulations required.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State shall prescribe such regulations as are
necessary to carry out this subsection.
(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 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.
(4) Exceptions.--
(A) Exception with respect to national security.--
This section shall not apply with respect to--
(i) activities subject to the reporting
requirements under title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.);
or
(ii) any authorized intelligence or law
enforcement activities of the United States.
(B) 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.
(C) Exception for certain immediate family
members.--
(i) In general.--A covered individual shall
not be subject to sanctions under this section
if the President certifies to the appropriate
congressional committees, in accordance with
clause (ii), that such individual has a
reasonable fear of persecution based on--
(I) actual or perceived sexual
orientation, gender identity, or sex
characteristics;
(II) race, religion, or
nationality; or
(III) political opinion or
membership in a particular social
group.
(ii) Determination and certification.--A
certification under clause (i) shall be made
not later than 30 days after the date of the
determination required by such clause. Any
proceedings relating to such determination
shall not be publicly available.
(iii) Covered individual.--For purposes of
this subparagraph, the term ``covered
individual'' means an individual who is an
immediate family member of foreign person on
the list required by subsection (a).
(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 by
subsection (a) if the President determines and
transmits to the appropriate congressional committees
notice and justification, 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 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 clause (ii) of subparagraph
(A) shall be transmitted not later than 15 days before
the granting of such waiver.
(f) Report to Congress.--Not later than 1 year after the date of
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--
(1) the actions taken to carry out this section,
including--
(A) the number of foreign persons added to or
removed from the list required by subsection (a) during
the year preceding each such report, the dates on which
such persons were so added or removed, and the reasons
for so adding or removing such persons; and
(B) an analysis that compares increases or
decreases in the number of such persons added or
removed year-over-year and the reasons therefore;
(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;
(3) the impact of the sanctions imposed under this section
with respect to altering the behavior of each of the foreign
persons included, as of the date of submission of the report,
in the list required by subsection (a); and
(4) steps the Department can take to improve coordination
with foreign governments, civil society groups, and the private
sector, to prevent the commission of the human rights
violations described in section 3(a)(1) against persons based
on actual or perceived sexual orientation, gender identity, or
sex characteristics.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
the Judiciary of the Senate.
(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
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 division K of the Consolidated
Appropriations Act, 2021.
(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
enactment of this Act).
SEC. 5. 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 the progress made in countries
around the world toward the decriminalization of the status,
expression, and conduct of LGBTQI individuals, the obstacles that
remain toward achieving such decriminalization, and the strategies
available to the Department and the Agency to address such obstacles.
(b) Elements.--The examination described in subsection (a) shall
include the following:
(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 to--
(i) decriminalize the status, expression,
and conduct of LGBTQI individuals;
(ii) monitor the trials of those prosecuted
because of such status, expression, or conduct;
and
(iii) reform related laws having a
discriminatory impact on LGBTQI individuals;
and
(B) applicable speaker or exchange programs
sponsored by the United States Government shall bring
together civil society and governmental leaders to
promote the recognition of LGBTQI rights through
educational exchanges in the United States and support
better understanding of the role that governments and
civil societies mutually play in assurance of equal
treatment of LGBTQI populations abroad.
SEC. 6. 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 and Bostock 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 to achieve
the following:
(A) Ensuring the freedoms of assembly, association,
and expression.
(B) Protecting persons or groups against the threat
of violence, including medically unnecessary
interventions performed on intersex infants.
(C) Advocating against laws that criminalize LGBTQI
status, expression, or conduct or discriminate against
individuals on the basis of sexual orientation, gender
identity, or sex characteristics.
(D) Ending explicit and implicit forms of
discrimination in the workplace, housing, education,
and other public institutions or services.
(E) Building community awareness and support for
the human rights of LGBTQI persons.
(2) Contributions.--The Secretary may accept financial and
technical contributions from corporations, bilateral donors,
foundations, nongovernmental organizations, and other entities
supporting the outcomes described in paragraph (1), through the
Global Equality Fund.
(3) Prioritization.--In providing assistance through the
Global Equality Fund, the Secretary 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 for the
following purposes:
(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.
(4) To promote inclusive development, including 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 monitors compliance with
the requirement in paragraph (1)(A).
(g) Office of Foreign Assistance.--The Secretary of State, acting
through the Director of the Office of Foreign Assistance, shall monitor
the amount of foreign assistance obligated and expended on programs,
projects, and activities relating to LGBTQI people, and shall provide
the results of the indicators tracking such expenditure, upon request,
to the Organization for Economic Co-operation and Development.
SEC. 7. GLOBAL HEALTH INCLUSIVITY.
(a) In General.--The Coordinator of United States Government
Activities to Combat HIV/AIDS Globally shall 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 6(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 shall 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 enactment
of this Act, the Coordinator shall submit to the appropriate
congressional committees a report describing 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 enactment of this Act, the Coordinator shall
submit to the appropriate congressional committees a report describing
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 enactment of this Act, the Comptroller General
shall submit to the appropriate congressional committees a report
describing 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) Removing Limitations on Eligibility for Foreign Assistance.--
(1) In general.--Notwithstanding any other provision of
law, regulation, or policy, in determining eligibility for
assistance authorized under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental
organizations--
(A) shall not be ineligible for such assistance
solely on the basis of health or medical services,
including counseling and referral services, provided by
such organizations with non-United States Government
funds if such services do not violate the laws of the
country in which they are being provided; and
(B) shall not be subject to requirements relating
to the use of non-United States Government funds for
advocacy and lobbying activities other than those that
apply to United States nongovernmental organizations
receiving assistance under part I of such Act.
(2) Conforming amendments to 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).
(3) Conforming amendments to the 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)'' and inserting ``Prevention
strategy.--In carrying out paragraph (1)''; and
(ii) by striking subparagraph (B).
(4) Conforming amendments to tvpra 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. 8. 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 inserting after the period 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) Report.--Section 103(e) of the Immigration and
Nationality Act (8 U.S.C. 1103(e)) is amended by adding at the
end the following:
``(3) Each annual report shall include information on 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)(B) of the
Immigration and Nationality Act (8 U.S.C.
1158(a)(2)(B)) is repealed.
(B) Conforming amendments.--Section 208(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1158(a)(2)) is amended--
(i) in subparagraph (D)--
(I) by striking ``notwithstanding
subparagraphs (B) and (C)'' and
inserting ``notwithstanding
subparagraph (C)'';
(II) by striking ``either'' after
``Attorney General''; and
(III) by striking ``or
extraordinary circumstances relating to
the delay in filing an application
within the period specified in
subparagraph (B)''; and
(ii) in subparagraph (E), by striking
``Subparagraphs (A) and (B)'' and inserting
``Subparagraph (A)''.
(C) Application.--The amendments made by this
paragraph shall apply to applications for asylum filed
before, on, or after the date of 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 18
years of age or older who--
``(A) is in a committed, intimate relationship with
another individual 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.--In the case of 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, such aliens are eligible for Priority 2
processing under the refugee resettlement priority system.
(2) Resettlement processing.--
(A) In general.--In a case in which a refugee
admitted under section 207 of the Immigration and
Nationality Act discloses to an employee or contractor
of the Bureau of Population, Refugees, and Migration
information with respect to the refugee's sexual
orientation or gender identity, the Secretary of State
shall, with the refugee's consent, provide such
information to the appropriate national resettlement
agency to prevent the refugee from being placed in a
community in which the refugee is likely to face
continued discrimination and to place the refugee in a
community that offers services to meet the needs of the
refugee.
(B) National resettlement agencies defined.--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 shall establish, in consultation with the Secretary of
State, 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 on--
(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.--Notwithstanding any other
provision of law and except as provided in
subparagraphs (B) and (C), 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 assure the appearance of the alien
at removal proceedings, or that the alien is a threat
to another person or 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.--In a case in which 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.--With respect to an alien detained
under subparagraph (B) of paragraph (1), not less
frequently than once each week, the Secretary of
Homeland Security shall conduct an individualized
review to determine whether the alien should continue
to be detained under such subparagraph.
(B) Release.--In the case of a determination under
subparagraph (A) that an alien should not be detained
under paragraph (1)(B), not later than 24 hours after
the date on which the Secretary makes the
determination, the Secretary shall release the
detainee.
(g) Protective Custody for LGBTQI Alien Detainees.--
(1) Detainees.--An LGBTQI alien who is detained under
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.--In a case in which 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.--In a case in which an
LGBTQI alien who is detained 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. 9. ISSUANCE OF PASSPORTS AND GUARANTEE OF CITIZENSHIP TO CERTAIN
CHILDREN BORN ABROAD.
(a) Sex Identification Markers.--For the purposes of any identity
document issued by the Department that displays sex information,
including passports and consular reports of birth abroad, the Secretary
shall ensure (through appropriate regulation, manual, policy, form, or
other updates) that an applicant for such a document may self-select
the sex designation, including a nonbinary or neutral designation (such
as ``X'').
(b) Guarantee of Citizenship to Children Born Abroad Using
Assistive Reproduction Technology.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall issue
regulations, in accordance with the press statement released on May 18,
2021, with respect to ``U.S. Citizenship Transmission and Assisted
Reproductive Technology'', 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 sections
301(c), (d), (e), and (g) of the Immigration and Nationality Act (8
U.S.C. 1401(c), (d), (e), and (g)), provided that either the local law
at the place of birth or United States law recognize such a person to
be the legal parent of the child from birth.
SEC. 10. 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. 11. REPRESENTING THE RIGHTS OF UNITED STATES LGBTQI CITIZENS
DEPLOYED TO DIPLOMATIC AND CONSULAR POSTS.
(a) Sense of Congress.--It is the sense of Congress that,
recognizing the importance of a diverse workforce in the representation
of the United States abroad, and in support of sound personnel staffing
policies, the Secretary of State should--
(1) prioritize efforts to ensure that foreign governments
do not impede the assignment of United States LGBTQI 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 are issued visas from
countries where such employees are posted.
(2) List required.--Not later than 180 days after the date
of 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 or their family members in the prior 2
years; and
(B) 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) Non-discrimination 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.
SEC. 12. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, and the Committee on Appropriations
of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Appropriations of the Senate.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, 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, with respect to an alien, that such
alien--
(A) is under 21 years of age or over 60 years of
age;
(B) is pregnant;
(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
(D) is a 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
the Secretary of Homeland Security to be experiencing
severe trauma or to be a survivor of torture or gender-
based violence, based on information obtained during
intake, from the alien's attorney or legal service
provider, or through credible self-reporting.
(5) Sexual orientation.--The term ``sexual orientation''
means actual or perceived homosexuality, heterosexuality, or
bisexuality.
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