Presidential Documents

11843 

Federal Register 

Vol. 86, No. 37 

Friday, February 26, 2021 

Title 3— 

The President 

National Security Memorandum/NSM–4 of February 4, 2021 

Advancing the Human Rights of Lesbian, Gay, Bisexual, 

Transgender, Queer, and Intersex Persons Around the World 

Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] 

the Secretary of Defense[,] the Attorney General[,] the Secretary of 

Agriculture[,] the Secretary of Commerce[,] the Secretary of Labor[,] the 

Secretary of Health and Human Services[,] the Secretary of Homeland 

Security[,] the United States Trade Representative[,] the Assistant to the 

President for National Security Affairs[,] the Assistant to the President 

and Counsel to the President[,] the Administrator of the United States 

Agency for International Development[, and] the Chief Executive Officer, 

Millennium Challenge Corporation 

This memorandum reaffirms and supplements the principles established 

in the Presidential Memorandum of December 6, 2011 (International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and 

Transgender Persons). That memorandum, for the first time, directed agencies 

engaged abroad to ensure that U.S. diplomacy and foreign assistance promote 

and protect the human rights of lesbian, gay, bisexual, and transgender 

persons everywhere. This memorandum builds upon that historic legacy 

and updates the 2011 Memorandum. 

All human beings should be treated with respect and dignity and should 

be able to live without fear no matter who they are or whom they love. 

Around the globe, including here at home, brave lesbian, gay, bisexual, 

transgender, queer, and intersex (LGBTQI+) activists are fighting for equal 

protection under the law, freedom from violence, and recognition of their 

fundamental human rights. 

The United States belongs at the forefront of this struggle—speaking out 

and standing strong for our most dearly held values. It shall be the policy 

of the United States to pursue an end to discrimination on the basis of 

sexual orientation, gender identity or expression, or sex characteristics, and 

to lead by the power of our example in the cause of advancing the human 

rights of LGBTQI+ persons around the world. 

By this memorandum I am directing all agencies engaged abroad to ensure 

that U.S. diplomacy and foreign assistance promote and protect the human 

rights of LGBTQI+ persons. Specifically, I direct the following actions, consistent with applicable law: 

Section 1. Combating Criminalization of LGBTQI+ Status or Conduct Abroad. 

Agencies engaged abroad are directed to strengthen existing efforts to combat 

the criminalization by foreign governments of LGBTQI+ status or conduct 

and expand efforts to combat discrimination, homophobia, transphobia, and 

intolerance on the basis of LGBTQI+ status or conduct. The Department 

of State shall, on an annual basis and as part of the annual report submitted 

to the Congress pursuant to sections 116(d) and 502B(b) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), report on human 

rights abuses experienced by LGBTQI+ persons globally. This reporting shall 

include anti-LGBTQI+ laws as well as discrimination and violence committed 

by both state and non-state actors against LGBTQI+ persons. 

Sec. 2. Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers. 

LGBTQI+ persons who seek refuge from violence and persecution face 

daunting challenges. In order to improve protection for LGBTQI+ refugees 


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and asylum seekers at all stages of displacement, the Departments of State 

and Homeland Security shall enhance their ongoing efforts to ensure that 

LGBTQI+ refugees and asylum seekers have equal access to protection and 

assistance, particularly in countries of first asylum. In addition, the Departments of State, Justice, and Homeland Security shall ensure appropriate 

training is in place so that relevant federal government personnel and key 

partners can effectively identify and respond to the particular needs of 

LGBTQI+ refugees and asylum seekers, including by providing to them 

adequate assistance and ensuring that the Federal Government takes all 

appropriate steps, such as potential increased use of Embassy Priority–1 

referrals, to identify and expedite resettlement of highly vulnerable persons 

with urgent protection needs. 

Sec. 3. Foreign Assistance to Protect Human Rights and Advance Nondiscrimination. Agencies involved with foreign aid, assistance, and development programs shall enhance their ongoing efforts to ensure regular federal 

government engagement with governments, citizens, civil society, and the 

private sector in order to build respect for the human rights of LGBTQI+ 

persons and combat discrimination. Agencies involved with foreign aid, 

assistance, and development programs should consider the impact of programs funded by the federal government on human rights, including the 

rights of LGBTQI+ persons, when making funding decisions, as appropriate 

and consistent with applicable law. 

Sec. 4. Swift and Meaningful U.S. Responses to Human Rights Abuses of 

LGBTQI+ Persons Abroad. The Department of State shall lead a standing 

group, with appropriate interagency representation, to help ensure the federal 

government’s swift and meaningful response to serious incidents that threaten 

the human rights of LGBTQI+ persons abroad. When foreign governments 

move to restrict the rights of LGBTQI+ persons or fail to enforce legal 

protections in place, thereby contributing to a climate of intolerance, agencies 

engaged abroad shall consider appropriate responses, including using the 

full range of diplomatic tools and, as appropriate, sanctions, visa bans, 

and other actions. 

Sec. 5. Building Coalitions of Like-Minded Nations and Engaging International Organizations in the Fight Against LGBTQI+ Discrimination. Bilateral relationships with allies and partners, as well as multilateral fora and 

international organizations, are key vehicles to promote respect for and 

protection of the human rights of LGBTQI+ persons and to bring global 

attention to these goals. Agencies engaged abroad should strengthen the 

work they have done and initiate additional efforts with other nations, 

bilaterally and within multilateral fora and international organizations, to: 

counter discrimination on the basis of LGBTQI+ status or conduct; broaden 

the number of countries willing to support and defend the human rights 

of LGBTQI+ persons; strengthen the role, including in multilateral fora, 

of civil society advocates on behalf of the human rights of LGBTQI+ persons; 

and strengthen the policies and programming of multilateral institutions, 

including with respect to protecting vulnerable LGBTQI+ refugees and asylum 

seekers. 

Sec. 6. Rescinding Inconsistent Policies and Reporting on Progress. Within 

100 days of the date of this memorandum or as soon as possible thereafter, 

all agencies engaged abroad shall review and, as appropriate and consistent 

with applicable law, take steps to rescind any directives, orders, regulations, 

policies, or guidance inconsistent with this memorandum, including those 

issued from January 20, 2017, to January 20, 2021, to the extent that they 

are inconsistent with this memorandum. The heads of such agencies shall 

also, within 100 days of the date of this memorandum, report to the President 

on their progress in implementing this memorandum and recommend additional opportunities and actions to advance the human rights of LGBTQI+ 

persons around the world. Agencies engaged abroad shall each prepare 

a report within 180 days of the date of this memorandum, and annually 

thereafter, on their progress toward advancing these initiatives. All such 


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agencies shall submit these reports to the Department of State, which will 

compile a report on the federal government’s progress in advancing these 

initiatives for transmittal to the President. The Department of State shall 

make a version of the compiled annual report available to the Members 

of the Congress and the public. 

Sec. 7. Definitions. (a) For the purposes of this memorandum, agencies 

engaged abroad include the Departments of State, the Treasury, Defense, 

Justice, Agriculture, Commerce, Labor, Health and Human Services, and 

Homeland Security, the United States Agency for International Development 

(USAID), the United States International Development Finance Corporation 

(DFC), the Millennium Challenge Corporation, the Export-Import Bank of 

the United States, the Office of the United States Trade Representative, 

and such other agencies as the President may designate. 

(b) For the purposes of this memorandum, agencies involved with foreign 

aid, assistance, and development programs include the Departments of State, 

the Treasury, Defense, Justice, Agriculture, Commerce, Labor, Health and 

Human Services, and Homeland Security, USAID, DFC, the Millennium 

Challenge Corporation, the Export-Import Bank of the United States, the 

Office of the United States Trade Representative, and such other agencies 

as the President may designate. 

Sec. 8. General Provisions. (a) Nothing in this order shall be construed 

to impair, or otherwise affect: 

(i) the authority granted by law to an executive department, agency, or 

the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This memorandum shall be implemented consistent with applicable 

law and subject to the availability of appropriations. 

(c) This memorandum is not intended to, and does not, create any right 

or benefit, substantive or procedural, enforceable at law or in equity by 

any party against the United States, its departments, agencies, or entities, 

its officers, employees, or agents, or any other person. 

(d) The Secretary of State is authorized and directed to publish this 

memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, February 4, 2021 

[FR Doc. 2021–04237 

Filed 2–25–21; 11:15 am] 

Billing code 4710–10–P 


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