II 

118TH CONGRESS 

1ST SESSION S. 1007 

To establish in the Bureau of Democracy, Human Rights, and Labor of 

the Department of State a Special Envoy for the Human Rights of 

LGBTQI+ Peoples, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2023 

Mr. MARKEY (for himself, Mr. CARDIN, Mrs. FEINSTEIN, Mr. 

HICKENLOOPER, Ms. BALDWIN, Mr. WHITEHOUSE, Ms. STABENOW, Mr. 

CARPER, Ms. SMITH, Ms. HASSAN, Ms. CANTWELL, Mr. KAINE, Mr. 

MURPHY, Mr. MENENDEZ, Mr. WELCH, Mr. VAN HOLLEN, Mr. KELLY, 

Mr. SANDERS, Mr. PADILLA, Mrs. MURRAY, Ms. KLOBUCHAR, and Mrs. 

SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To establish in the Bureau of Democracy, Human Rights, 

and Labor of the Department of State a Special Envoy 

for the Human Rights of LGBTQI+ Peoples, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Human 

5 Rights Defense Act of 2023’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Around the world, LGBTQI+ people face 

4 violence, stigma, and discrimination based on their 

5 sexual orientation, gender identity, or sex character6 istics. 

7 (2) Sixty-seven countries have national laws 

8 that criminalize same-sex relations and at least 42 

9 United Nations member states have legal barriers 

10 for freedom of expression on issues related to sexual 

11 and gender diversity. That is equal to roughly 35 

12 percent of United Nations member states. 

13 (3) Eleven countries have jurisdictions in which 

14 the death penalty can be imposed for private, con15 sensual same-sex sexual activity. 

16 (4) Despite recent progress made toward de17 criminalization, marriage equality, and legal gender 

18 recognition, several countries have introduced anti19 LGBTQI+ pieces of legislation that would further 

20 criminalize or stigmatize LGBTQI+ peoples. This 

21 includes a draconian law under review in Ghana that 

22 would outlaw LGBTQI+ relationships or identities, 

23 as well as actions by community allies, and bills that 

24 ban so-called LGBTQI+ ‘‘propaganda’’, such as 

25 those in Russia and Hungary. 


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1 (5) In anti-LGBTQI+ prosecutions, law en2 forcement officials, working in tandem with medical 

3 personnel, use the forensically discredited practice of 

4 forced anal exams to try to prove same-sex sexual 

5 activity or otherwise to torture or intimidate detain6 ees. The United Nations Special Rapporteur on Tor7 ture has described forced anal examinations as a 

8 form of torture or cruel, inhuman, and degrading 

9 treatment and the United Nations Office of the 

10 High Commissioner for Human Rights issued a re11 port in 2015 calling for governments to ban the 

12 practice. Human Rights Watch has documented sev13 eral cases in which forced anal examinations have 

14 been used to sentence individuals for same-sex sex15 ual conduct, including in Uzbekistan and Egypt. 

16 (6) The closing of civil society space, particu17 larly with the increased passage or enforcement of 

18 laws that prevent the registration or operations of 

19 nongovernmental organizations, discriminates 

20 against LGBTQI+ human rights defenders and is a 

21 violation of freedom of association. This includes the 

22 wrongful closure of Sexual Minorities Uganda 

23 (SMUG), a leading nongovernmental organization 

24 committed to protecting and advancing the human 

25 rights of LGBTQI+ individuals in Uganda. 


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1 (7) Extreme violence and insecurity in El Sal2 vador, Nicaragua, Guatemala, and Honduras has 

3 driven LGBTQI+ people to flee their countries of 

4 origin to the United States for protection. At the 

5 United States border with Mexico, LGBTQI+ asy6 lum seekers face additional violence and many have 

7 been returned to face persecution in their home 

8 countries or in third countries that are not safe. 

9 (8) Studies have shown that structural risks, 

10 including country-level policies, prosecutions, and 

11 legal barriers, might contribute to higher HIV preva12 lence among LGBTQI+ people, especially gay, bi13 sexual, and other men who have sex with men. De14 criminalization, decreasing enforcement, and stigma 

15 reduction are necessary to effective control of HIV. 

16 (9) The Trans Murder Monitoring Project, 

17 which monitors homicides of transgender individuals, 

18 documented at least 327 trans and gender-diverse 

19 people killed between October 1, 2021, and Sep20 tember 30, 2022. Of these cases, 68 percent of all 

21 of the murders occurred in Latin America and the 

22 Caribbean, with 29 percent of the total occurring in 

23 Brazil. 

24 (10) Intersex people experience prejudice and 

25 discrimination, including the common performance 


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1 of medically unnecessary surgeries without their con2 sent or approval, because their bodies do not con3 form to other people’s expectations about sex and 

4 gender. 

5 (11) Violence and discrimination based on sex6 ual orientation and gender identity are documented 

7 in the Department of State’s annual Country Re8 ports on Human Rights Practices. The report cov9 ering 2021 continues to show a clear pattern of 

10 human rights violations or abuses in every region of 

11 the world based on sexual orientation, gender iden12 tity, or sex characteristics. These violations or 

13 abuses include murder, rape, torture, death threats, 

14 extortion, and imprisonment, as well as loss of em15 ployment, housing, access to health care, and other 

16 forms of societal stigma and discrimination. The re17 ports further document LGBTQI+-specific restric18 tions on basic freedoms of assembly, press, and 

19 speech in every region of the world. 

20 (12) On December 6, 2011, President Barack 

21 Obama released the ‘‘Presidential Memorandum— 

22 International Initiatives to Advance the Human 

23 Rights of Lesbian, Gay, Bisexual, and Transgender 

24 Persons’’. The memorandum directed all Federal 

25 agencies engaged abroad to ensure that United 


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1 States diplomacy and foreign assistance promote and 

2 protect the human rights of LGBT persons. 

3 (13) On February 4, 2021, President Joe Biden 

4 issued a similar memorandum, the ‘‘Memorandum 

5 on Advancing the Human Rights of Lesbian, Gay, 

6 Bisexual, Transgender, Queer, and Intersex Persons 

7 Around the World’’, to promote and protect the 

8 human rights of LGBTQI+ persons and establish 

9 that it is the ‘‘policy of the United States to pursue 

10 an end to violence and discrimination on the basis 

11 of sexual orientation, gender identity or expression, 

12 or sex characteristics, and to lead by the power of 

13 our example in the cause of advancing the human 

14 rights of LGBTQI+ persons around the world’’. 

15 (14) On February 23, 2015, Secretary of State 

16 John Kerry appointed senior diplomat Randy Berry 

17 as the Department of State’s first-ever Special 

18 Envoy for the Human Rights of LGBTI Persons. 

19 No person was named to that position during the 

20 Trump Administration. 

21 (15) On June 25, 2021, President Joe Biden 

22 announced the appointment of Jessica Stern to serve 

23 as the United States Special Envoy to Advance the 

24 Human Rights of LGBTQI+ Persons. She joined 

25 the Department of State on September 27, 2021. 


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1 (16) On June 30, 2016, the United Nations 

2 Human Rights Council passed a resolution cospon3 sored by the United States that established an Inde4 pendent Expert on violence and discrimination based 

5 on sexual orientation and gender identity to help 

6 monitor and track discrimination and violence expe7 rienced by LGBTQI+ persons around the world. 

8 (17) In May 2020, the United Nations Inde9 pendent Expert on protection against violence and 

10 discrimination based on sexual orientation and gen11 der identity released a report on so-called ‘‘conver12 sion therapy’’, which is an umbrella term used to de13 scribe interventions based on a belief that a person’s 

14 sexual orientation or gender identity can and should 

15 be changed. The report concluded that such prac16 tices represent significant violations of rights to per17 sonal autonomy, health, and free expression and are 

18 ‘‘by their very nature degrading, inhuman and cruel 

19 and create a significant risk of torture’’. The Inde20 pendent Expert noted ‘‘the psychological pain and 

21 suffering inflicted by practices of ‘conversion ther22 apy’ are deep and long-lasting and often exacerbate 

23 the risk of suicide,’’ and called for a global ban on 

24 conversion therapy. 


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1 (18) On June 15, 2022, President Joe Biden 

2 signed an Executive Order in part directing the Sec3 retary of State, in collaboration with the Secretary 

4 of the Treasury, the Secretary of Health and 

5 Human Services, and the Administrator of the 

6 United States Agency for International Develop7 ment, to develop an action plan to promote an end 

8 to so-called ‘‘conversion therapy’’ around the world 

9 and ensure that United States foreign assistance 

10 dollars do not fund the practice. 

11 SEC. 3. STATEMENT OF POLICY. 

12 It is the policy of the United States— 

13 (1) to take effective action to prevent and re14 spond to discrimination and violence against all peo15 ple on any basis internationally, including sexual ori16 entation, gender identity, and sex characteristics, 

17 and that human rights policy includes attention to 

18 criminalization, violence, and other discrimination 

19 against LGBTQI+ people; 

20 (2) to systematically integrate and coordinate 

21 into United States foreign policy efforts to prevent 

22 and respond to criminalization, discrimination, and 

23 violence against LGBTQI+ people internationally; 

24 (3) to support and build local capacity in coun25 tries around the world, including of governments at 


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1 all levels and nongovernmental organizations, to pre2 vent and respond to criminalization, discrimination, 

3 and violence against LGBTQI+ people internation4 ally; 

5 (4) to consult, cooperate, coordinate, and col6 laborate with a wide variety of nongovernmental 

7 partners, including faith-based organizations and 

8 LGBTQI+-led organizations, with demonstrated ex9 perience in preventing and responding to criminal10 ization, discrimination, and violence against 

11 LGBTQI+ people internationally; 

12 (5) to employ a multisectoral approach to pre13 venting and responding to criminalization, discrimi14 nation, and violence against LGBTQI+ people inter15 nationally, including activities in the economic, edu16 cation, health, nutrition, legal, and judicial sectors; 

17 (6) to work at all levels, from the individual to 

18 the family, community, local, national, and inter19 national levels, to prevent and respond to criminal20 ization, discrimination, and violence against 

21 LGBTQI+ people internationally; 

22 (7) to enhance training by United States per23 sonnel of professional foreign military and police 

24 forces and judicial officials to include appropriate 

25 and thorough LGBTQI+-specific instruction on preVerDate Sep 11 2014 03:48 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1007.IS S1007

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1 venting and responding to criminalization, discrimi2 nation, and violence based on sexual orientation and 

3 gender identity; 

4 (8) to engage non-LGBTQI+ people as allies 

5 and partners, as an essential element of making sus6 tained reductions in criminalization, discrimination, 

7 and violence against LGBTQI+ people internation8 ally; 

9 (9) to require that all Federal contractors and 

10 grant recipients awarded a contract or receiving a 

11 grant, as the case may be, under an international 

12 program of the United States Government establish 

13 appropriate policies and take effective measures to 

14 ensure the protection and safety of their staff and 

15 workplace, including from discrimination and vio16 lence directed against LGBTQI+ people and those 

17 who provide services to them; 

18 (10) to exert sustained international leadership, 

19 including in bilateral and multilateral fora, to pre20 vent and respond to criminalization, discrimination, 

21 and violence against LGBTQI+ people internation22 ally; 

23 (11) to fully implement and expand upon the 

24 policies outlined in the ‘‘Presidential Memo25 randum—Advancing the Human Rights of Lesbian, 


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1 Gay, Bisexual, Transgender, Queer, and Intersex 

2 Persons Around the World’’; 

3 (12) to ensure that international efforts to com4 bat HIV/AIDS take all appropriate measures to sup5 port at-risk communities, including LGBTQI+ peo6 ple, and to create enabling legal environments for 

7 these communities; 

8 (13) to work with governments and nongovern9 mental partners around the world to develop and im10 plement regional strategies to decriminalize homo11 sexuality and to counteract other restrictions on the 

12 human rights of LGBTQI+ people, including re13 strictions on LGBTQI+ organizations and so-called 

14 LGBTQ+ propaganda laws; and 

15 (14) to ensure that those who have a well16 founded fear of persecution on account of being 

17 LGBTQI+ or supporting LGBTQI+ rights have 

18 the opportunity to seek protection in the United 

19 States. 

20 SEC. 4. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF 

21 LGBTQI+ PEOPLE. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—The Secretary of State shall 

24 establish in the Bureau of Democracy, Human 

25 Rights, and Labor (DRL) of the Department of 


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1 State a permanent Special Envoy for the Human 

2 Rights of LGBTQI+ Peoples (in this section re3 ferred to as the ‘‘Special Envoy’’), who shall be ap4 pointed by the President. The Special Envoy shall 

5 report directly to the Assistant Secretary for Democ6 racy, Human Rights, and Labor. 

7 (2) RANK.—The President may appoint the 

8 Special Envoy at the rank of Ambassador, by and 

9 with the advice and consent of the Senate. 

10 (b) PURPOSE.—In addition to the duties described in 

11 subsection (c) and those duties determined by the Presi12 dent and the Secretary of State, the Special Envoy shall 

13 direct efforts of the United States Government relating 

14 to United States foreign policy, as directed by the Presi15 dent and the Secretary, regarding human rights abuses 

16 against LGBTQI+ people and communities internation17 ally and the advancement of human rights for LGBTQI+ 

18 people, and shall represent the United States internation19 ally in bilateral and multilateral engagement on such mat20 ters. 

21 (c) DUTIES.—The Special Envoy— 

22 (1) shall serve as the principal advisor to the 

23 Secretary of State regarding the human rights of 

24 LGBTQI+ people internationally; and 

25 (2) at the direction of the Secretary of State— 


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1 (A) shall, notwithstanding any other provi2 sion of law, direct activities, policies, programs, 

3 and funding relating to the human rights of 

4 LGBTQI+ people and the advancement of 

5 LGBTQI+ equality initiatives internationally, 

6 for all bureaus and offices of the Department of 

7 State, and shall lead the coordination of rel8 evant international programs for all other Fed9 eral agencies relating to such matters; 

10 (B) shall represent the United States in 

11 diplomatic matters, including in bilateral and 

12 multilateral fora, relevant to the human rights 

13 of LGBTQI+ people, including criminalization, 

14 discrimination, and violence against LGBTQI+ 

15 people internationally; 

16 (C) shall direct, as appropriate, United 

17 States Government resources to respond to 

18 needs for protection, integration, resettlement, 

19 and empowerment of LGBTQI+ people in 

20 United States Government policies and inter21 national programs, including to prevent and re22 spond to criminalization, discrimination, and vi23 olence against LGBTQI+ people internation24 ally; 


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1 (D) shall design, support, and implement 

2 activities regarding support, education, resettle3 ment, and empowerment of LGBTQI+ people 

4 internationally, including for the prevention and 

5 response to criminalization, discrimination, and 

6 violence against LGBTQI+ people internation7 ally; 

8 (E) shall lead interagency coordination be9 tween the foreign policy priorities related to the 

10 human rights of LGBTQI+ people and the de11 velopment assistance priorities of the 

12 LGBTQI+ Coordinator of the United States 

13 Agency for International Development; and 

14 (F) shall conduct regular consultation with 

15 nongovernmental organizations working to pre16 vent and respond to criminalization, discrimina17 tion, and violence against LGBTQI+ people 

18 internationally. 

19 (d) BRIEFINGS AND ASSESSMENTS.—Not later than 

20 180 days after the date of the enactment of this Act, and 

21 annually thereafter, the Special Envoy shall provide to the 

22 appropriate congressional committees a briefing on the 

23 status of the human rights of LGBTQI+ people inter24 nationally, as well as on the status of programs and re25 sponse strategies of the United States Government to adVerDate Sep 11 2014 03:48 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1007.IS S1007

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1 dress criminalization, discrimination, and violence against 

2 LGBTQI+ people internationally. 

3 (e) UNITED STATES POLICY TO PREVENT AND RE4 SPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIO5 LENCE AGAINST LGBTQI+ PEOPLE GLOBALLY.— 

6 (1) GLOBAL STRATEGY REQUIREMENT.—Not 

7 later than 180 days after the date of the enactment 

8 of this Act, and annually thereafter for each of the 

9 following five years, the Special Envoy shall develop 

10 or update, as the case may be, a United States glob11 al strategy to prevent and respond to criminaliza12 tion, discrimination, and violence against LGBTQI+ 

13 people internationally. The Special Envoy shall sub14 mit the global strategy to the appropriate congres15 sional committees and, if practicable, make the glob16 al strategy available to the public. 

17 (2) COLLABORATION AND COORDINATION.—In 

18 developing the global strategy required under para19 graph (1), the Special Envoy shall consult with— 

20 (A) mid- and high-level officials of relevant 

21 Federal agencies; and 

22 (B) representatives of nongovernmental or23 ganizations with demonstrated experience in ad24 dressing criminalization, discrimination, and vi25 olence against LGBTQI+ people internationally 


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1 or promoting equal rights for LGBTQI+ people 

2 internationally. 

3 (f) MONITORING THE UNITED STATES STRATEGY TO

4 PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMI5 NATION, AND VIOLENCE AGAINST LGBTQI+ PEOPLE

6 AND COMMUNITIES INTERNATIONALLY.—In each global 

7 strategy submitted under subsection (e), the Special 

8 Envoy shall include an analysis of best practices for pre9 venting and addressing criminalization, discrimination, 

10 and violence against LGBTQI+ people and communities 

11 internationally, including— 

12 (1) a description of successful efforts by foreign 

13 governments and nongovernmental organizations to 

14 prevent and respond to criminalization, discrimina15 tion, and violence against LGBTQI+ people and 

16 communities internationally; 

17 (2) recommendations related to best practices, 

18 effective strategies, and improvements to enhance 

19 the impact of such prevention and response efforts; 

20 and 

21 (3) the impact of activities funded by the global 

22 strategy in preventing and reducing criminalization, 

23 discrimination, and violence against LGBTQI+ peo24 ple and communities internationally. 


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1 SEC. 5. DOCUMENTING AND RESPONDING TO BIAS-MOTI2 VATED VIOLENCE AGAINST LGBTQI+ PEOPLE 

3 ABROAD. 

4 (a) REPORT ON HUMAN RIGHTS AND DEVELOPMENT

5 ASSISTANCE.—Section 116(d) of the Foreign Assistance 

6 Act of 1961 (22 U.S.C. 2151n(d)) is amended— 

7 (1) in paragraph (11)(C), by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (2) in paragraph (12)(C)(ii), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(13) wherever applicable, the nature and ex14 tent of criminalization, discrimination, and violence 

15 by state and nonstate actors based on sexual ori16 entation or gender identity, as those terms are de17 fined in section 7 of the International Human 

18 Rights Defense Act of 2023, or sex characteristics, 

19 including an identification of those countries that 

20 have adopted laws or constitutional provisions that 

21 criminalize or discriminate based on such sexual ori22 entation, gender identity, or sex characteristics, in23 cluding descriptions of such laws and provisions.’’. 

24 (b) REPORT ON HUMAN RIGHTS AND SECURITY AS25 SISTANCE.—Section 502B of the Foreign Assistance Act 

26 of 1961 (22 U.S.C. 2304) is amended— 


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1 (1) by redesignating the second subsection (i) 

2 (relating to child marriage status) as subsection (j); 

3 and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(k) SEXUAL ORIENTATION, GENDER IDENTITY, 

7 AND SEX CHARACTERISTICS.—The report required under 

8 subsection (b) shall include, wherever applicable, the na9 ture and extent of criminalization, discrimination, and vio10 lence by state and nonstate actors based on sexual orienta11 tion or gender identity, as those terms are defined in sec12 tion 7 of the International Human Rights Defense Act of 

13 2023, or sex characteristics, including an identification of 

14 those countries that have adopted laws or constitutional 

15 provisions that criminalize or discriminate based on such 

16 sexual orientation, gender identity, or sex characteristics, 

17 including descriptions of such laws and provisions.’’. 

18 SEC. 6. IMPLEMENTATION OF THE UNITED STATES STRAT19 EGY TO PREVENT AND RESPOND TO CRIM20 INALIZATION, DISCRIMINATION, AND VIO21 LENCE AGAINST LGBTQI+ PEOPLE AND COM22 MUNITIES INTERNATIONALLY. 

23 The Secretary of State and the Administrator of the 

24 United States Agency for International Development are 

25 authorized to provide assistance to prevent and respond 


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1 to criminalization, discrimination, and violence against 

2 LGBTQI+ people internationally. The assistance may in3 clude the following activities: 

4 (1) Development and implementation of pro5 grams, such as the Global Equality Fund of the De6 partment of State, that respond to human rights 

7 abuses against, and the social and economic exclu8 sion of, LGBTQI+ people. 

9 (2) Support and capacity building for the devel10 opment and enforcement of the laws of foreign gov11 ernments pertaining to relevant civil and criminal 

12 legal and judicial sanctions, protection, and training. 

13 (3) Enhancement of health sector capacity to 

14 detect, prevent, and respond to violence against 

15 LGBTQI+ people and communities internationally, 

16 and to combat HIV/AIDS in the LGBTQI+ commu17 nity internationally, in close coordination with the 

18 Office of the Global AIDS Coordinator and Health 

19 Diplomacy of the Department of State. 

20 (4) Development of a leadership program for 

21 international LGBTQI+ activists that will foster 

22 collaboration and knowledge sharing across the 

23 world. 

24 SEC. 7. DEFINITIONS. 

25 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Relations 

5 and the Committee on Appropriations of the 

6 Senate; and 

7 (B) the Committee on Foreign Affairs and 

8 the Committee on Appropriations of the House 

9 of Representatives. 

10 (2) GENDER IDENTITY.—The term ‘‘gender 

11 identity’’ means the gender-related identity, appear12 ance, or mannerisms or other gender-related charac13 teristics of an individual, regardless of the individ14 ual’s designated sex at birth. 

15 (3) INTERSEX.—The term ‘‘intersex’’ means in16 dividuals born with sex characteristics (including 

17 genitals, gonads, or chromosome patterns) that vary 

18 from typical binary notions of male or female bodies 

19 and is an umbrella term used to describe a wide 

20 range of natural bodily variations. 

21 (4) LGBTQI+.—The term ‘‘LGBTQI+’’ 

22 means lesbian, gay, bisexual, transgender, queer, or 

23 intersex. 


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1 (5) SEXUAL ORIENTATION.—The term ‘‘sexual 

2 orientation’’ means actual or perceived homosex3 uality, heterosexuality, or bisexuality. 

Æ 


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