I 

116TH CONGRESS 

1ST SESSION H. R. 3874 

To protect human rights and enhance opportunities for LGBTI people around 

the world, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2019 

Ms. TITUS (for herself, Mr. CICILLINE, Mr. LOWENTHAL, Mr. TAKANO, Mr. 

ENGEL, Ms. HAALAND, Ms. OMAR, Mrs. LOWEY, Mr. QUIGLEY, Mr. 

CISNEROS, Mr. HUFFMAN, Mr. PAPPAS, Ms. SCHAKOWSKY, Mr. GRIJALVA, Mr. ESPAILLAT, Mr. LEVIN of Michigan, Mr. SWALWELL of California, Ms. PINGREE, Mr. KENNEDY, Ms. MOORE, Mr. PALLONE, Ms. 

MENG, Mr. GALLEGO, Ms. SCANLON, Mr. NADLER, Ms. WEXTON, Mr. 

SMITH of Washington, Mr. KEATING, Mr. GARCI ́A of Illinois, Ms. SPEIER, 

Ms. JUDY CHU of California, Ms. WASSERMAN SCHULTZ, Mr. RASKIN, 

Mr. POCAN, Ms. LEE of California, Mr. JOHNSON of Georgia, Mr. SEAN

PATRICK MALONEY of New York, Mr. TRONE, Mr. MCGOVERN, Mr. 

HIMES, Mrs. NAPOLITANO, Ms. DAVIDS of Kansas, Mr. SCHNEIDER, Mr. 

GOMEZ, Mr. KILDEE, Ms. HILL of California, Ms. CRAIG, Mr. SOTO, Mr. 

SIRES, Mr. SHERMAN, Ms. JAYAPAL, Mr. MALINOWSKI, and Mr. 

DELGADO) 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 

LGBTI people around the world, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Greater Leadership 

3 Overseas for the Benefit of Equality Act of 2019’’ or the 

4 ‘‘GLOBE Act of 2019’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) The norms of good governance, human 

8 rights protections, and the rule of law have been vio9 lated unconscionably with respect to lesbian, gay, bi10 sexual, transgender, and intersex (LGBTI) peoples 

11 in an overwhelming majority of countries around the 

12 world, where LGBTI people face violence, hatred, 

13 bigotry, and discrimination because of who they are 

14 and whom they love. 

15 (2) In at least 68 countries, or almost 40 per16 cent of the world, same-sex relations and relation17 ships are criminalized. Many countries also crim18 inalize or otherwise prohibit cross-dressing and gen19 der-affirming treatments for transgender individuals. 

20 (3) The World Bank has begun to measure the 

21 macro-economic costs of criminal laws targeting 

22 LGBTI individuals through lost productivity, detri23 mental health outcomes and violence, as a step to24 ward mitigating those costs. 

25 (4) Violence and discrimination based on sexual 

26 orientation and gender identity are documented in 


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1 the Department of State’s annual Country Human 

2 Rights Reports to Congress. These reports continue 

3 to show a clear pattern of human rights violations, 

4 including murder, rape, torture, death threats, extor5 tion, and imprisonment, in every region of the world 

6 based on sexual orientation and gender identity. In 

7 many instances police, prison, military, and civilian 

8 government authorities have been directly complicit 

9 in abuses aimed at LGBTI citizens. 

10 (5) As documented by the State Department, 

11 LGBTI individuals are subjected in many countries 

12 to capricious imprisonment, loss of employment, 

13 housing, access to health care, and societal stigma 

14 and discrimination. LGBTI-specific restrictions on 

15 basic freedoms of assembly, press, and speech exist 

16 in every region of the world. 

17 (6) Targeted sanctions are an important tool to 

18 push for accountability for violations of the human 

19 rights of LGBTI people. 

20 (7) Anti-LGBTI laws and discrimination pose 

21 significant risks for LGBTI youth who come out to 

22 their family or community and often face rejection, 

23 homelessness, and limited educational and economic 

24 opportunities. These factors contribute to increased 


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1 risks of substance abuse, suicide, and HIV infection 

2 among LGBTI youth. 

3 (8) Anti-LGBTI laws also increase global 

4 health risks. Studies have shown that when LGBTI 

5 people, especially LGBTI youth, face discrimination, 

6 they are less likely to seek HIV testing, prevention, 

7 and treatment services. 

8 (9) LGBTI populations are disproportionately 

9 impacted by the Mexico City Policy, also widely re10 ferred to as the ‘‘global gag rule’’, which has been 

11 reinstated and expanded by President Donald J. 

12 Trump. LGBTI people often receive much of their 

13 healthcare through reproductive health clinics, and 

14 organizations that cannot comply with the policy are 

15 forced to discontinue work on United States-sup16 ported global health projects that are frequently 

17 used by LGBTI populations, including HIV preven18 tion and treatment, stigma reduction, and research. 

19 (10) Because they face tremendous discrimina20 tion in the formal labor sector, many sex workers 

21 are also LGBTI individuals, and many sex-worker22 led programs and clinics serve the LGBTI commu23 nity with safe, non-stigmatizing, medical and social 

24 care. USAID has also referred to sex workers as a 

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1 alty oath that health care providers receiving United 

2 States assistance must take isolates sex-worker-led 

3 and serving groups from programs and reinforces 

4 stigma, undermining both the global AIDS response 

5 and human rights. The Supreme Court found this 

6 requirement unconstitutional as it applies to United 

7 States nongovernmental organizations and their for8 eign affiliates in 2013. 

9 (11) According to the Trans Murder Monitoring 

10 Project, which monitors homicides of transgender in11 dividuals there were at least 369 cases of reported 

12 killings of trans and gender-diverse people between 

13 October 2017 and September 2018, an increase over 

14 previous years. 

15 (12) In many countries, intersex individuals ex16 perience prejudice and discrimination because their 

17 bodies do not conform to general expectations about 

18 sex and gender. Because of these expectations, medi19 cally unnecessary interventions are often performed 

20 in infancy without the consent or approval of 

21 intersex individuals, in violation of international 

22 human rights standards. 

23 (13) Asylum and refugee protection are critical 

24 last-resort protections for LGBTI individuals, but 

25 those who seek such protections face ostracization 


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1 and abuse in refugee camps and detention facilities. 

2 They are frequently targeted for violence, including 

3 sexual assault, in refugee camps and in immigration 

4 detention. LGBTI individuals may be segregated 

5 against their will for long periods in solitary confine6 ment, in an effort to protect them from such vio7 lence, but prolonged solitary confinement itself rep8 resents an additional form of abuse that is pro9 foundly damaging to the social and psychological 

10 well-being of any individual. 

11 (14) In December 2011, President Barack 

12 Obama directed all Federal foreign affairs agencies 

13 to ensure that their diplomatic, humanitarian, health 

14 and foreign assistance programs take into account 

15 the needs of marginalized LGBTI communities and 

16 persons. 

17 (15) In 2015, the Department of State estab18 lished the position of Special Envoy for the Human 

19 Rights of LGBTI Persons. 

20 (16) The use of United States diplomatic tools, 

21 including the Department of State’s exchange and 

22 speaker programs, to address the human rights 

23 needs of marginalized communities has helped in24 form public debates in many countries regarding the 


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1 protective responsibilities of any democratic govern2 ment. 

3 (17) Engaging multilateral fora and inter4 national institutions is critical to impacting global 

5 norms and to broadening global commitments to 

6 fairer standards for the treatment of all people, in7 cluding LGBTI. The United States must remain a 

8 leader in the United Nations system and has a vest9 ed interest in the success of that multilateral en10 gagement. 

11 (18) Ongoing United States participation in the 

12 Equal Rights Coalition, which is a new intergovern13 mental coalition of more than 40 governments and 

14 leading civil society organizations that work together 

15 to protect the human rights of LGBTI people 

16 around the world, remains vital to international ef17 forts to respond to violence and impunity. 

18 (19) Those who represent the United States 

19 abroad, including our diplomats, development spe20 cialists and military, should reflect the diversity of 

21 our country and honor America’s call to equality, in22 cluding through proud and open service abroad by 

23 LGBTI Americans and those living with HIV. 


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1 SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTI2 VATED VIOLENCE AGAINST LGBTI PEOPLE 

3 ABROAD. 

4 (a) INFORMATION TO INCLUDE IN ANNUAL COUN5 TRY REPORTS ON HUMAN RIGHTS PRACTICES.—The For6 eign Assistance Act of 1961 is amended— 

7 (1) in section 116(d) (22 U.S.C. 2151n(d))— 

8 (A) in paragraph (11)(C), by striking 

9 ‘‘and’’ at the end; 

10 (B) in paragraph (12)(C)(ii), by striking 

11 the period at the end and inserting ‘‘; and’’; 

12 and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(13) wherever applicable, violence or discrimi16 nation that affects fundamental freedoms, including 

17 widespread or systematic violation of the freedoms of 

18 expression, association, or assembly of an individual 

19 in foreign countries that is based on actual or per20 ceived sexual orientation, gender identity, or sex 

21 characteristics.’’; and 

22 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

23 inserting after the ninth sentence the following new 

24 sentence: ‘‘Wherever applicable, such report shall 

25 also include information regarding violence or dis26 crimination that affects the fundamental freedoms, 


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1 including widespread or systematic violation of the 

2 freedoms of expression, association, or assembly of 

3 an individual in foreign countries that is based on 

4 actual or perceived sexual orientation, gender iden5 tity, or sex characteristics.’’. 

6 (b) REVIEW AT DIPLOMATIC AND CONSULAR

7 POSTS.— 

8 (1) IN GENERAL.—In preparing the annual 

9 country reports on human rights practices required 

10 by section 116 or 502B of the Foreign Assistance 

11 Act of 1961, as amended by subsection (a), the Sec12 retary of State shall obtain information from each 

13 diplomatic and consular post with respect to the fol14 lowing: 

15 (A) Incidents of violence against LGBTI 

16 people in the country in which such post is lo17 cated. 

18 (B) An analysis of the factors enabling or 

19 aggravating such incidents, such as government 

20 policy, societal pressure, or external actors. 

21 (C) The response, whether public or pri22 vate, of the personnel of such post with respect 

23 to such incidents. 

24 (2) ADDRESSING BIAS-MOTIVATED VIOLENCE.— 

25 The Secretary shall include in the annual strategic 


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1 plans of the regional bureaus concrete diplomatic 

2 strategies, programs, and policies to address bias3 motivated violence using information obtained pursu4 ant to paragraph (1), such as programs to build ca5 pacity among civil society or governmental entities to 

6 document, investigate, and prosecute instances of 

7 such violence and provide support to victims of such 

8 violence. 

9 (c) INTERAGENCY GROUP.— 

10 (1) ESTABLISHMENT.—There is established an 

11 interagency group on responses to urgent threats to 

12 LGBTI people in foreign countries (in this sub13 section referred to as the ‘‘interagency group’’), that 

14 shall be chaired by the Secretary of State and in15 clude the Secretary of Defense, the Secretary of the 

16 Treasury, the Administrator of the United States 

17 Agency for International Development, the Attorney 

18 General, and the head of each other Federal depart19 ment or agency the President determines is relevant 

20 to the duties of the interagency group. 

21 (2) DUTIES.—The duties of the interagency 

22 group shall be to— 

23 (A) coordinate the responses of each par24 ticipating agency with respect to threats diVerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874

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1 rected towards LGBTI populations in other 

2 countries; 

3 (B) develop longer-term approaches to pol4 icy developments and incidents negatively im5 pacting the LGBTI populations in specific 

6 countries; 

7 (C) advise the President on the designation 

8 of foreign persons for sanctions pursuant to 

9 section 4; 

10 (D) identify United States laws and poli11 cies, at the Federal, State, and local levels, that 

12 affirm the equality of LGBTI persons; and 

13 (E) use such identified laws and policies to 

14 develop diplomatic strategies to share the exper15 tise obtained from the implementation of such 

16 laws and policies with appropriate officials of 

17 countries where LGBTI persons do not enjoy 

18 equal protection under the law. 

19 (d) SPECIAL ENVOY FOR THE HUMAN RIGHTS OF

20 LGBTI PEOPLES.— 

21 (1) ESTABLISHMENT.—The Secretary of State 

22 shall establish in the Bureau of Democracy, Human 

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

24 State a permanent Special Envoy for the Human 

25 Rights of LGBTI Peoples (in this section referred to 


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1 as the ‘‘Special Envoy’’), who shall be appointed by 

2 the President. The Special Envoy shall report di3 rectly to the Assistant Secretary for DRL. 

4 (2) PURPOSE.—The Special Envoy shall direct 

5 efforts of the United States Government relating to 

6 United States foreign policy, as directed by the Sec7 retary, regarding human rights abuses against 

8 LGBTI people and communities internationally and 

9 the advancement of human rights for LGBTI people, 

10 and shall represent the United States internationally 

11 in bilateral and multilateral engagement on such 

12 matters. 

13 (3) DUTIES.— 

14 (A) IN GENERAL.—The Special Envoy— 

15 (i) shall serve as the principal advisor 

16 to the Secretary of State regarding human 

17 rights for LGBTI people internationally; 

18 (ii) shall, notwithstanding any other 

19 provision of law, direct activities, policies, 

20 programs, and funding relating to the 

21 human rights of LGBTI people and the 

22 advancement of LGBTI equality initiatives 

23 internationally, for all bureaus and offices 

24 of the Department of State and shall lead 

25 the coordination of relevant international 


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1 programs for all other Federal agencies re2 lating to such matters; 

3 (iii) shall represent the United States 

4 in diplomatic matters relevant to the 

5 human rights of LGBTI people, including 

6 criminalization, discrimination, and vio7 lence against LGBTI people internation8 ally; 

9 (iv) shall direct, as appropriate, 

10 United States Government resources to re11 spond to needs for protection, integration, 

12 resettlement, and empowerment of LGBTI 

13 people in United States Government poli14 cies and international programs, including 

15 to prevent and respond to criminalization, 

16 discrimination, and violence against 

17 LGBTI people internationally; 

18 (v) shall design, support, and imple19 ment activities regarding support, edu20 cation, resettlement, and empowerment of 

21 LGBTI people internationally, including 

22 for the prevention and response to crim23 inalization, discrimination, and violence 

24 against LGBTI people internationally; 


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1 (vi) shall lead interagency coordina2 tion between the foreign policy priorities 

3 related to the human rights of LGBTI peo4 ple and the development assistance prior5 ities of the LGBTI Coordinator of the 

6 United States Agency for International 

7 Development; 

8 (vii) shall conduct regular consultation 

9 with nongovernmental organizations work10 ing to prevent and respond to criminaliza11 tion, discrimination, and violence against 

12 LGBTI people internationally; 

13 (viii) shall ensure that programs, 

14 projects, and activities of the Department 

15 of State and the United States Agency for 

16 International Development designed to pre17 vent and respond to criminalization, dis18 crimination, and violence against LGBTI 

19 people internationally are subject to rig20 orous monitoring and evaluation, and that 

21 there is a uniform set of indicators and 

22 standards for such monitoring and evalua23 tion that is used across international pro24 grams in Federal agencies; and 


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1 (ix) is authorized to represent the 

2 United States in bilateral and multilateral 

3 fora on matters relevant to the human 

4 rights of LGBTI people internationally, in5 cluding criminalization, discrimination, and 

6 violence against LGBTI people internation7 ally. 

8 (e) TRAINING AT INTERNATIONAL LAW ENFORCE9 MENT ACADEMIES.—The President shall ensure that any 

10 international law enforcement academy supported by 

11 United States assistance shall provide training with re12 spect to the rights of LGBTI people, including through 

13 specialized courses highlighting best practices in the docu14 mentation, investigation and prosecution of bias-motivated 

15 hate crimes targeting persons based on actual or perceived 

16 sexual orientation, gender identity, or sex characteristics. 

17 SEC. 4. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 

18 VIOLATIONS OF HUMAN RIGHTS AGAINST 

19 LGBTI PEOPLE. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act and biannually there22 after, the President shall transmit to the appropriate con23 gressional committees a list of each foreign person the 

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1 governmental organizations that monitor violations of 

2 human rights— 

3 (1) is responsible for or complicit in, with re4 spect to persons based on actual or perceived sexual 

5 orientation, gender identity, or sex characteristics— 

6 (A) cruel, inhuman, or degrading treat7 ment or punishment; 

8 (B) prolonged detention without charges 

9 and trial; 

10 (C) causing the disappearance of such per11 sons by the abduction and clandestine detention 

12 of such persons; or 

13 (D) other flagrant denial of the right to 

14 life, liberty, or the security of such persons; 

15 (2) acted as an agent of or on behalf of a for16 eign person in a matter relating to an activity de17 scribed in paragraph (1); or 

18 (3) is responsible for or complicit in inciting a 

19 foreign person to engage in an activity described in 

20 paragraph (1). 

21 (b) FORM; UPDATES; REMOVAL.— 

22 (1) FORM.—The list required by subsection (a) 

23 shall be transmitted in unclassified form and pub24 lished in the Federal Register without regard to the 

25 requirements of section 222(f) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1202(f)) with respect 

2 to confidentiality of records pertaining to the 

3 issuance or refusal of visas or permits to enter the 

4 United States, except that the President may include 

5 a foreign person in a classified, unpublished annex 

6 to such list if the President— 

7 (A) determines that— 

8 (i) it is vital for the national security 

9 interests of the United States to do so; and 

10 (ii) the use of such annex, and the in11 clusion of such person in such annex, 

12 would not undermine the overall purpose of 

13 this section to publicly identify foreign per14 sons engaging in the conduct described in 

15 subsection (a) in order to increase account16 ability for such conduct; and 

17 (B) not later than 15 days before including 

18 such person in a classified annex, provides to 

19 the appropriate congressional committees notice 

20 of, and a justification for, including or con21 tinuing to include each foreign person in such 

22 annex despite the existence of any publicly 

23 available credible information indicating that 

24 each such foreign person engaged in an activity 

25 described in subsection (a). 


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1 (2) UPDATES.—The President shall transmit to 

2 the appropriate congressional committees an update 

3 of the list required by subsection (a) as new infor4 mation becomes available. 

5 (3) REMOVAL.—A foreign person may be re6 moved from the list required by subsection (a) if the 

7 President determines and reports to the appropriate 

8 congressional committees not later than 15 days be9 fore the removal of such person from such list 

10 that— 

11 (A) credible information exists that such 

12 person did not engage in the activity for which 

13 the person was included in such list; 

14 (B) such person has been prosecuted ap15 propriately for the activity in which such person 

16 engaged; or 

17 (C) such person has credibly demonstrated 

18 a significant change in behavior, has paid an 

19 appropriate consequence for the activities in 

20 which such person engaged, and has credibly 

21 committed to not engage in an activity de22 scribed in subsection (a). 

23 (c) PUBLIC SUBMISSION OF INFORMATION.—The 

24 President shall issue public guidance, including through 

25 United States diplomatic and consular posts, setting forth 


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1 the manner by which the names of foreign persons that 

2 may meet the criteria to be included on the list required 

3 by subsection (a) may be submitted to the Department 

4 of State for evaluation. 

5 (d) REQUESTS FROM CHAIR AND RANKING MEMBER

6 OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 

7 (1) CONSIDERATION OF INFORMATION.—In ad8 dition to the guidance issued pursuant to subsection 

9 (c), the President shall also consider information 

10 provided by the Chair or Ranking Member of each 

11 of the appropriate congressional committees in de12 termining whether to include a foreign person in the 

13 list required by subsection (a). 

14 (2) REQUESTS.—Not later than 120 days after 

15 receiving a written request from the Chair or Rank16 ing Member of one of the appropriate congressional 

17 committees with respect to whether a foreign person 

18 meets the criteria for being included in the list re19 quired by subsection (a), the President shall trans20 mit a response to such Chair or Ranking Member, 

21 as the case may be, with respect to the President’s 

22 determination relating to such foreign person. 

23 (3) REMOVAL.—If the President removes from 

24 the list required by subsection (a) a foreign person 

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1 quest under paragraph (2), the President shall pro2 vide to the relevant Chair or Ranking Member of 

3 one of the appropriate congressional committees any 

4 information that contributed to such decision. 

5 (4) FORM.—The President may transmit a re6 sponse required by paragraph (2) or paragraph (3) 

7 in classified form if the President determines that it 

8 is necessary for the national security interests of the 

9 United States to do so. 

10 (e) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 

11 (1) INELIGIBILITY FOR VISAS AND ADMISSION

12 TO THE UNITED STATES.—A foreign person on the 

13 list required by subsection (a) is— 

14 (A) inadmissible to the United States; 

15 (B) ineligible to receive a visa or other doc16 umentation to enter the United States; and 

17 (C) otherwise ineligible to be admitted or 

18 paroled into the United States or to receive any 

19 other benefit under the Immigration and Na20 tionality Act (8 U.S.C. et seq.). 

21 (2) CURRENT VISAS REVOKED.— 

22 (A) IN GENERAL.—The issuing consular 

23 officer or the Secretary of State (or a designee 

24 of the Secretary of State), shall, in accordance 

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1 tionality Act (8 U.S.C. 1201(i)), revoke any 

2 visa or other entry documentation issued to a 

3 foreign person on the list required by subsection 

4 (a) regardless of when the visa or other entry 

5 documentation is issued. 

6 (B) EFFECT OF REVOCATION.—A revoca7 tion under subparagraph (A) shall— 

8 (i) take effect immediately; and 

9 (ii) automatically cancel any other 

10 valid visa or entry documentation that is in 

11 the foreign person’s possession. 

12 (C) REGULATIONS REQUIRED.—Not later 

13 than 180 days after the date of the enactment 

14 of this Act, the Secretary of State shall pre15 scribe such regulations as are necessary to 

16 carry out this subsection. 

17 (D) EXCEPTION TO COMPLY WITH INTER18 NATIONAL OBLIGATIONS.—Sanctions under this 

19 subsection shall not apply with respect to a for20 eign person if admitting or paroling such per21 son into the United States is necessary to per22 mit the United States to comply with the 

23 Agreement regarding the Headquarters of the 

24 United Nations, signed at Lake Success, June 

25 26, 1947, and entered into force November 21, 


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1 1947, between the United Nations and the 

2 United States, or other applicable international 

3 obligations. 

4 (3) SENSE OF CONGRESS WITH RESPECT TO

5 ADDITIONAL SANCTIONS.—It is the sense of Con6 gress that the President should impose additional 

7 targeted sanctions with respect to foreign persons on 

8 the list required by subsection (a) to push for ac9 countability for flagrant denials of the right to life, 

10 liberty, or the security of the person, through the 

11 use of designations and targeted sanctions provided 

12 for such conduct under other existing authorities. 

13 (4) WAIVERS IN THE INTEREST OF NATIONAL

14 SECURITY.— 

15 (A) IN GENERAL.—The President may 

16 waive the application of paragraph (1) or (2) 

17 with respect to a foreign person included in the 

18 list required by subsection (a) if the President 

19 determines and transmits to the appropriate 

20 congressional committees notice and justifica21 tion, that such a waiver— 

22 (i) is necessary to permit the United 

23 States to comply with the Agreement be24 tween the United Nations and the United 

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1 quarters of the United Nations, signed 

2 June 26, 1947, and entered into force No3 vember 21, 1947, or other applicable inter4 national obligations of the United States; 

5 or 

6 (ii) is in the national security interests 

7 of the United States. 

8 (B) TIMING OF CERTAIN WAIVERS.—A 

9 waiver pursuant to a determination under 

10 clause (ii) of subparagraph (A) shall be trans11 mitted not later than 15 days before the grant12 ing of such waiver. 

13 (f) REPORT TO CONGRESS.—Not later than one year 

14 after the date of the enactment of this Act and annually 

15 thereafter, the President, acting through the Secretary of 

16 State, shall submit to the appropriate congressional com17 mittees a report on— 

18 (1) the actions taken to carry out this section, 

19 including— 

20 (A) the number of foreign persons added 

21 to or removed from the list required by sub22 section (a) during the year preceding each such 

23 report, the dates on which such persons were so 

24 added or removed, and the reasons for so add25 ing or removing such persons; and 


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1 (B) an analysis that compares increases or 

2 decreases in the number of such persons added 

3 or removed year-over-year and the reasons 

4 therefor; and 

5 (2) any efforts by the President to coordinate 

6 with the governments of other countries, as appro7 priate, to impose sanctions that are similar to the 

8 sanctions imposed under this section. 

9 (g) DEFINITIONS.—In this section: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Foreign Affairs, the Committee 

15 on Homeland Security, and the Committee on 

16 the Judiciary of the House of Representatives; 

17 and 

18 (B) the Committee on Armed Services, the 

19 Committee on Foreign Relations, the Com20 mittee on Homeland Security and Govern21 mental Affairs, and the Committee on the Judi22 ciary of the Senate. 

23 (2) FOREIGN PERSON.—The term ‘‘foreign per24 son’’ has the meaning given such term in section 

25 595.304 of title 31, Code of Federal Regulations (as 


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1 in effect on the day before the date of the enactment 

2 of this Act). 

3 (3) PERSON.—The term ‘‘person’’ has the 

4 meaning given such term in section 591.308 of title 

5 31, Code of Federal Regulations (as in effect on the 

6 day before the date of the enactment of this Act). 

7 (h) EXCLUSION FOR PERSECUTION OF LGBTI INDI8 VIDUALS.—Section 212(a)(2) of the Immigration and Na9 tionality Act (8 U.S.C. 1182(a)(2)) is amended by adding 

10 at the end the following new subparagraph: 

11 ‘‘(J) HUMAN RIGHTS VIOLATORS.—Any 

12 alien who, while serving as an official of a for13 eign government, was responsible for or directly 

14 carried out serious violations of the human 

15 rights of LGBTI individuals or targeting 

16 LGBTI people, is inadmissible.’’. 

17 SEC. 5. COMBATING INTERNATIONAL CRIMINALIZATION OF 

18 LGBTI STATUS, EXPRESSION, OR CONDUCT. 

19 (a) ANNUAL STRATEGIC REVIEW.—The Secretary of 

20 State, in consultation with the Administrator of the 

21 United States Agency for International Development, shall 

22 include during the course of annual strategic planning an 

23 examination of the progress made in countries around the 

24 world toward the decriminalization of the status, expres25 sion, and conduct of LGBTI individuals, the obstacles that 


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1 remain toward achieving such decriminalization, and the 

2 strategies available to the Department and the Agency to 

3 address such obstacles. 

4 (b) ELEMENTS.—The examination described in sub5 section (a) shall include the following: 

6 (1) An examination of the full range of criminal 

7 and civil laws of other countries that disproportion8 ately impact communities of LGBTI individuals or 

9 apply with respect to the conduct of LGBTI individ10 uals. 

11 (2) In consultation with the Attorney General, 

12 a list of countries in each geographic region with re13 spect to which— 

14 (A) the Attorney General, acting through 

15 the Office of Overseas Prosecutorial Develop16 ment Assistance and Training of the Depart17 ment of Justice, shall prioritize programs seek18 ing to— 

19 (i) decriminalize the status, expres20 sion, and conduct of LGBTI individuals; 

21 (ii) monitor the trials of those pros22 ecuted because of such status, expression, 

23 or conduct; and 


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1 (iii) reform related laws having a dis2 criminatory impact on LGBTI individuals; 

3 and 

4 (B) applicable speaker or exchange pro5 grams sponsored by the United States Govern6 ment shall bring together civil society and gov7 ernmental leaders to promote the recognition of 

8 LGBTI rights through educational exchanges in 

9 the United States and support better under10 standing of the role that governments and civil 

11 societies mutually play in assurance of equal 

12 treatment of LGBTI populations abroad. 

13 SEC. 6. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS 

14 OF LGBTI PEOPLE. 

15 (a) GLOBAL EQUALITY FUND.— 

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

17 establish a fund, to be known as the ‘‘Global Equal18 ity Fund’’, to be managed by the Assistant Sec19 retary of the Bureau of Democracy, Human Rights 

20 and Labor, consisting of such sums as may be ap21 propriated to provide grants, emergency assistance, 

22 and technical assistance to eligible civil society orga23 nizations and human rights defenders working to ad24 vance and protect human rights for all including 

25 LGBTI persons, by seeking to achieve the following: 


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1 (A) Ensuring the freedoms of assembly, 

2 association, and expression. 

3 (B) Protecting persons or groups against 

4 the threat of violence, including medically un5 necessary interventions performed on intersex 

6 infants. 

7 (C) Advocating against laws that crim8 inalize LGBTI status, expression, or conduct or 

9 discriminate against individuals on the basis of 

10 sexual orientation, gender identity, or sex char11 acteristics. 

12 (D) Ending explicit and implicit forms of 

13 discrimination in the workplace, housing, edu14 cation, and other public institutions or services. 

15 (E) Building community awareness and 

16 support for the human rights of LGBTI per17 sons. 

18 (2) CONTRIBUTIONS.—The Secretary may ac19 cept financial and technical contributions from cor20 porations, bilateral donors, foundations, nongovern21 mental organizations, and other entities supporting 

22 the outcomes described in paragraph (1), through 

23 the Global Equality Fund. 

24 (3) PRIORITIZATION.—In providing assistance 

25 through the Global Equality Fund, the Secretary 


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1 shall ensure due consideration and appropriate 

2 prioritization of assistance to groups that have his3 torically been excluded from programs undertaken 

4 for the outcomes described in paragraph (1). 

5 (b) LGBTI GLOBAL DEVELOPMENT PARTNER6 SHIP.—The Administrator of the United States Agency 

7 for International Development, in consultation with the 

8 Secretary of State, shall establish a partnership, to be 

9 known as the ‘‘LGBTI Global Development Partnership’’, 

10 to leverage the financial and technical contributions of cor11 porations, bilateral donors, foundations, nongovernmental 

12 organizations, and universities to support the human 

13 rights and development of LGBTI persons around the 

14 world by supporting programs, projects, and activities for 

15 the following purposes: 

16 (1) To strengthen the capacity of LGBTI lead17 ers and civil society organizations. 

18 (2) To train LGBTI leaders to effectively par19 ticipate in democratic processes and lead civil insti20 tutions. 

21 (3) To conduct research to inform national, re22 gional, or global policies and programs. 

23 (4) To promote economic empowerment through 

24 enhanced LGBTI entrepreneurship and business de25 velopment. 


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1 (c) CONSULTATION.—In coordinating programs, 

2 projects, and activities through the Global Equality Fund 

3 or the Global Development Partnership, the Secretary of 

4 State shall consult, as appropriate, with the Administrator 

5 of the United States Agency for International Develop6 ment and the heads of other relevant Federal departments 

7 and agencies. 

8 (d) REPORT.—The Secretary of State shall submit to 

9 the appropriate congressional committees an annual re10 port on the work of, successes obtained, and challenges 

11 faced by the Global Equality Fund and the LGBTI Global 

12 Development Partnership established in accordance with 

13 this section. 

14 (e) LIMITATION ON ASSISTANCE RELATING TO

15 EQUAL ACCESS.— 

16 (1) IN GENERAL.—None of the amounts au17 thorized to be appropriated or otherwise made avail18 able to provide United States assistance for any hu19 manitarian, development, or global health programs 

20 may be made available to any contractor, grantee, or 

21 implementing partner, unless such recipient— 

22 (A) ensures that the program, project, or 

23 activity funded by such amounts are made 

24 available to all elements of the population, ex25 cept to the extent that such program, project, 


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1 or activity targets a population because of the 

2 higher assessed risk of negative outcomes 

3 among such populations; 

4 (B) undertakes to make every reasonable 

5 effort to ensure that each subcontractor or sub6 grantee of such recipient will also adhere to the 

7 requirement described in subparagraph (A); and 

8 (C) agrees to return all amounts awarded 

9 or otherwise provided by the United States, in10 cluding such additional penalties as the Sec11 retary of State may determine to be appro12 priate, if the recipient is not able to adhere to 

13 the requirement described in subparagraph (A). 

14 (2) QUARTERLY REPORT.—The Secretary of 

15 State shall provide to the appropriate congressional 

16 committees a quarterly report on the methods by 

17 which the Department monitors compliance with the 

18 requirement in paragraph (1)(A). 

19 SEC. 7. GLOBAL HEALTH INCLUSIVITY. 

20 (a) IN GENERAL.—The Coordinator of United States 

21 Government Activities to Combat HIV/AIDS Globally 

22 shall develop mechanisms to ensure that the President’s 

23 Emergency Plan for AIDS Relief (PEPFAR) is imple24 mented in a way that equitably serves LGBTI people in 

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1 ing by requiring all partner entities receiving assistance 

2 through PEPFAR to receive training on the health needs 

3 of and human rights standards relating to LGBTI people, 

4 and shall promptly notify Congress of any obstacles en5 countered by a foreign government or contractor, grantee, 

6 or implementing partner in the effort to equitably imple7 ment PEPFAR as described in such subsection, including 

8 any remedial steps taken by the Coordinator to overcome 

9 such obstacles. 

10 (b) REPORT ON INTERNATIONAL PROSECUTIONS FOR

11 SEX WORK OR CONSENSUAL SEXUAL ACTIVITY.—Not 

12 later than 180 days after the date of the enactment of 

13 this Act, the Coordinator shall submit to the appropriate 

14 congressional committees a report describing the manner 

15 in which commodities such as condoms provided by pro16 grams, projects, or activities funded through PEPFAR or 

17 other sources of United States assistance have been used 

18 as evidence to arrest, detain, or prosecute individuals in 

19 other countries in order to enforce domestic laws criminal20 izing sex work or consensual sexual activity. 

21 (c) REPORT ON HIV/AIDS-RELATED INDEX TEST22 ING.—Not later than 180 days after the date of the enact23 ment of this Act, the Coordinator shall submit to the ap24 propriate congressional committees a report describing the 

25 impact of partner notification services and index testing 


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1 on treatment adherence, intimate partner violence, and ex2 posure to the criminal justice system for key populations, 

3 including LGBTI people and sex workers, using quali4 tative and quantitative data. 

5 (d) REMOVING LIMITATIONS ON ELIGIBILITY FOR

6 FOREIGN ASSISTANCE.— 

7 (1) IN GENERAL.—Notwithstanding any other 

8 provision of law, regulation, or policy, in determining 

9 eligibility for assistance authorized under part I of 

10 the Foreign Assistance Act of 1961 (22 U.S.C. 2151 

11 et seq.), a foreign nongovernmental organization— 

12 (A) shall not be ineligible for such assist13 ance solely on the basis of health or medical 

14 services, including counseling and referral serv15 ices, provided by such organizations solely using 

16 funds not provided by the United States Gov17 ernment, if such services do not violate the laws 

18 of the country in which they are being provided 

19 and would not violate Federal law if provided in 

20 the United States; and 

21 (B) shall not be subject to requirements 

22 relating to advocacy and lobbying activities with 

23 respect to funds not provided by the United 

24 States Government, other than requirements re25 lating to such activities that also apply to 


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1 United States nongovernmental organizations 

2 receiving assistance authorized under such part 

3 I. 

4 (2) CONFORMING AMENDMENTS TO PEPFAR AU5 THORIZATION.—Section 301 of the United States 

6 Leadership Against HIV/AIDS, Tuberculosis, and 

7 Malaria Act of 2003 (22 U.S.C. 7631) is amended— 

8 (A) by striking subsections (d) through (f); 

9 and 

10 (B) by redesignating subsection (g) as sub11 section (d). 

12 (3) CONFORMING AMENDMENTS TO THE ALLO13 CATION OF FUNDS BY THE GLOBAL AIDS COORDI14 NATOR.—Section 403(a) of the United States Lead15 ership Against HIV/AIDS, Tuberculosis, and Ma16 laria Act of 2003 (22 U.S.C. 7673(a)) is amended— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘shall—’’ and all that 

19 follows through ‘‘(A) provide’’ and insert20 ing ‘‘shall provide’’; 

21 (ii) by striking ‘‘; and’’ and inserting 

22 a period; and 

23 (iii) by striking subparagraph (B); 

24 and 

25 (B) in paragraph (2)— 


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1 (i) by striking ‘‘PREVENTION STRAT2 EGY.—’’ and all that follows through ‘‘In 

3 carrying out paragraph (1)’’ and inserting 

4 ‘‘PREVENTION STRATEGY.—In carrying 

5 out paragraph (1)’’; and 

6 (ii) by striking subparagraph (B). 

7 (4) CONFORMING AMENDMENTS TO TVPRA AU8 THORIZATION.—Section 113 of the Trafficking Vic9 tims Protection Act of 2000 (22 U.S.C. 7110) is 

10 amended— 

11 (A) by striking subsection (g); and 

12 (B) by redesignating subsections (h) and 

13 (i) as subsections (g) and (h), respectively. 

14 SEC. 8. IMMIGRATION REFORM. 

15 (a) REFUGEES AND ASYLUM SEEKERS.— 

16 (1) LGBTI SOCIAL GROUP.—Section 

17 101(a)(42) of the Immigration and Nationality Act 

18 (8 U.S.C. 1101(a)(42)) is amended by inserting 

19 after the period at the end the following: ‘‘For pur20 poses of determinations under this Act, a person 

21 who has been persecuted on the basis of sexual ori22 entation or gender identity, shall be deemed to have 

23 been persecuted on account of membership in a par24 ticular social group, and a person who has a well 

25 founded fear of persecution on the basis of sexual 


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1 orientation or gender identity shall be deemed to 

2 have a well founded fear of persecution on account 

3 of membership in a particular social group.’’. 

4 (2) REPORT.—Section 103(e) of the Immigra5 tion and Nationality Act (8 U.S.C. 1103(e)) is 

6 amended by adding at the end the following: 

7 ‘‘(3) Each annual report shall include information on 

8 the total number of applications for asylum and refugee 

9 status received that are, in whole or in part, based on per10 secution or a well founded fear of persecution on account 

11 of sexual orientation or gender identity, and the rate of 

12 approval administratively of such applications.’’. 

13 (3) ASYLUM FILING DEADLINE REPEAL.— 

14 (A) IN GENERAL.—Section 208(a)(2)(B) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1158(a)(2)(B)) is repealed. 

17 (B) CONFORMING AMENDMENTS.—Section 

18 208(a)(2) of the Immigration and Nationality 

19 Act (8 U.S.C. 1158(a)(2)) is amended— 

20 (i) in subparagraph (D)— 

21 (I) by striking ‘‘notwithstanding 

22 subparagraphs (B) and (C)’’ and in23 serting ‘‘notwithstanding subpara24 graph (C)’’; 


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1 (II) by striking ‘‘either’’ after 

2 ‘‘Attorney General’’; and 

3 (III) by striking ‘‘or extraor4 dinary circumstances relating to the 

5 delay in filing an application within 

6 the period specified in subparagraph 

7 (B)’’; and 

8 (ii) in subparagraph (E), by striking 

9 ‘‘Subparagraphs (A) and (B)’’ and insert10 ing ‘‘Subparagraph (A)’’. 

11 (C) APPLICATION.—The amendments 

12 made by this paragraph shall apply to applica13 tions for asylum filed before, on, or after the 

14 date of the enactment of this Act. 

15 (b) PERMANENT PARTNERS.—Section 101(a) of the 

16 Immigration and Nationality Act (8 U.S.C. 1101(a)) is 

17 amended— 

18 (1) in paragraph (35), by inserting ‘‘includes 

19 any permanent partner, but’’ before ‘‘does not in20 clude’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(53) The term ‘marriage’ includes a permanent 

23 partnership. 

24 ‘‘(54) The term ‘permanent partner’ means an indi25 vidual 18 years of age or older who— 


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1 ‘‘(A) is in a committed, intimate relationship 

2 with another individual 18 years of age or older, in 

3 which both parties intend a lifelong commitment; 

4 ‘‘(B) is financially interdependent with the 

5 other individual; 

6 ‘‘(C) is not married to anyone other than the 

7 other individual; 

8 ‘‘(D) is a national of or, in the case of a person 

9 having no nationality, last habitually resided in a 

10 country that prohibits marriage between the individ11 uals; and 

12 ‘‘(E) is not a first-, second-, or third-degree 

13 blood relation of the other individual. 

14 ‘‘(55) The term ‘permanent partnership’ means the 

15 relationship that exists between two permanent partners.’’. 

16 (c) COUNSEL.— 

17 (1) APPOINTMENT OF COUNSEL.—Section 

18 240(b)(4) of the Immigration and Nationality Act (8 

19 U.S.C. 1229a(b)(4)) is amended— 

20 (A) in subparagraph (B), by striking 

21 ‘‘and’’ at the end; 

22 (B) in subparagraph (C), by striking the 

23 period at the end and inserting ‘‘, and’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(D) notwithstanding subparagraph (A), in 

2 a case in which an indigent alien requests rep3 resentation, such representation shall be ap4 pointed by the court, at the expense of the Gov5 ernment, for such proceedings.’’. 

6 (2) RIGHT TO COUNSEL.—Section 292 of the 

7 Immigration and Nationality Act (8 U.S.C. 1362) is 

8 amended— 

9 (A) by inserting ‘‘(a)’’ before ‘‘In any’’; 

10 (B) by striking ‘‘he’’ and inserting ‘‘the 

11 person’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(b) Notwithstanding subsection (a), in a case in 

14 which an indigent alien requests representation, such rep15 resentation shall be appointed by the court, at the expense 

16 of the Government, for the proceedings described in sub17 section (a). 

18 ‘‘(c) In an interview relating to admission under sec19 tion 207, an alien shall have the privilege of being rep20 resented, at no expense to the Government, by such coun21 sel, authorized to practice in such proceedings, as the alien 

22 shall choose.’’. 

23 (d) REFUGEE ADMISSIONS OF LGBTI ALIENS FROM

24 CERTAIN COUNTRIES.— 


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1 (1) IN GENERAL.—In the case of aliens who are 

2 nationals of or, in the case of aliens having no na3 tionality, last habitually resided in a country that 

4 fails to protect against persecution on the basis of 

5 sexual orientation or gender identity and who share 

6 common characteristics that identify them as targets 

7 of persecution on account of sexual orientation or 

8 gender identity, such aliens are eligible for Priority 

9 2 processing under the refugee resettlement priority 

10 system. 

11 (2) RESETTLEMENT PROCESSING.— 

12 (A) IN GENERAL.—In a case in which a 

13 refugee admitted under section 207 of the Im14 migration and Nationality Act discloses to an 

15 employee or contractor of the Bureau of Popu16 lation, Refugees, and Migration information 

17 with respect to the refugee’s sexual orientation 

18 or gender identity, the Secretary of State shall, 

19 with the refugee’s consent, provide such infor20 mation to the appropriate national resettlement 

21 agency to prevent the refugee from being placed 

22 in a community in which the refugee is likely to 

23 face continued discrimination and to place the 

24 refugee in a community that offers services to 

25 meet the needs of the refugee. 


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1 (B) NATIONAL RESETTLEMENT AGENCIES

2 DEFINED.—The term ‘‘national resettlement 

3 agency’’ means an agency contracting with the 

4 Department of State to provide sponsorship and 

5 initial resettlement services to refugees entering 

6 the United States. 

7 (e) TRAINING PROGRAM.— 

8 (1) TRAINING PROGRAM.—In order to create an 

9 environment in which an alien may safely disclose 

10 such alien’s sexual orientation or gender identity, 

11 the Secretary of Homeland Security shall establish, 

12 in consultation with the Secretary of State, a train13 ing program for staff and translators who partici14 pate in the interview process of aliens seeking asy15 lum or status as a refugee. 

16 (2) COMPONENTS OF TRAINING PROGRAM.— 

17 The training program described in paragraph (1) 

18 shall include instruction on— 

19 (A) appropriate word choice and word 

20 usage; 

21 (B) creating safe spaces and facilities for 

22 LGBTI aliens; 

23 (C) confidentiality requirements; and 

24 (D) nondiscrimination policies. 

25 (f) LIMITATION ON DETENTION.— 


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1 (1) PRESUMPTION OF RELEASE.— 

2 (A) IN GENERAL.—Notwithstanding any 

3 other provision of law and except as provided in 

4 subparagraphs (B) and (C), the Secretary of 

5 Homeland Security— 

6 (i) may not detain an alien who is a 

7 member of a vulnerable group under any 

8 provision of the Immigration and Nation9 ality Act (8 U.S.C. 1101 et seq.) pending 

10 a decision with respect to whether the alien 

11 is to be removed from the United States; 

12 and 

13 (ii) shall immediately release any de14 tained alien who is a member of a vulner15 able group. 

16 (B) EXCEPTIONS.—The Secretary of 

17 Homeland Security may detain, pursuant to the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1101 et seq.), an alien who is a member of a 

20 vulnerable group if the Secretary makes a de21 termination, using credible and individualized 

22 information, that the use of alternatives to de23 tention will not reasonably assure the appear24 ance of the alien at removal proceedings, or 

25 that the alien is a threat to another person or 


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1 the community. The fact that an alien has a 

2 criminal charge pending against the alien may 

3 not be the sole factor to justify the detention of 

4 the alien. 

5 (C) REMOVAL.—In a case in which deten6 tion is the least restrictive means of effec7 tuating the removal from the United States of 

8 an alien who is a member of a vulnerable group, 

9 the subject of a final order of deportation or re10 moval, and not detained under subparagraph 

11 (B), the Secretary of Homeland Security may, 

12 solely for the purpose of such removal, detain 

13 the alien for a period that is— 

14 (i) the shortest possible period imme15 diately preceding the removal of the alien 

16 from the United States; and 

17 (ii) not more than 5 days. 

18 (2) WEEKLY REVIEW REQUIRED.— 

19 (A) IN GENERAL.—With respect to an 

20 alien detained under subparagraph (B) of para21 graph (1), not less frequently than once each 

22 week, the Secretary of Homeland Security shall 

23 conduct an individualized review to determine 

24 whether the alien should continue to be de25 tained under such subparagraph. 


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1 (B) RELEASE.—In the case of a deter2 mination under subparagraph (A) that an alien 

3 should not be detained under paragraph (1)(B), 

4 not later than 24 hours after the date on which 

5 the Secretary makes the determination, the Sec6 retary shall release the detainee. 

7 (g) PROTECTIVE CUSTODY FOR LGBTI ALIEN DE8 TAINEES.— 

9 (1) DETAINEES.—An LGBTI alien who is de10 tained under subparagraph (B) or (C) of subsection 

11 (f)(1) may not be placed in housing that is seg12 regated from the general population unless— 

13 (A) the alien requests placement in such 

14 housing for the protection of the alien; or 

15 (B) the Secretary of Homeland Security 

16 determines, after assessing all available alter17 natives, that there is no available alternative 

18 means of separation from likely abusers. 

19 (2) PLACEMENT FACTORS.—In a case in which 

20 an LGBTI alien is placed in segregated housing pur21 suant to paragraph (1), the Secretary of Homeland 

22 Security shall ensure that such housing— 

23 (A) includes non-LGBTI aliens, to the ex24 tent practicable; and 


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1 (B) complies with any applicable court 

2 order for the protection of LGBTI aliens. 

3 (3) PROTECTIVE CUSTODY REQUESTS.—In a 

4 case in which an LGBTI alien who is detained re5 quests placement in segregated housing for the pro6 tection of such alien, the Secretary of Homeland Se7 curity shall grant such request. 

8 (h) SENSE OF CONGRESS.—It is the sense of Con9 gress that the Secretary of Homeland Security should hire 

10 a sufficient number of Refugee Corps officers for refugee 

11 interviews to be held within a reasonable period of time 

12 and adjudicated not later than 180 days after a request 

13 for Priority 2 consideration is filed. 

14 SEC. 9. ENGAGING INTERNATIONAL ORGANIZATIONS IN 

15 THE FIGHT AGAINST LGBTI DISCRIMINATION. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the United States should be a leader in ef19 forts by the United Nations to ensure that human 

20 rights norms, development principles, and political 

21 rights are fully inclusive of LGBTI people; 

22 (2) United States leadership within inter23 national financial institutions, such as the World 

24 Bank and the regional development banks, should be 

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1 tivities undertaken by such institutions are fully in2 clusive of all people, including LGBTI people; and 

3 (3) the Secretary of State should seek appro4 priate opportunities to encourage the equal treat5 ment of LGBTI people during discussions with or 

6 participation in the full range of regional, multilat7 eral, and international fora, such as the Organiza8 tion of American States, the Organization for Secu9 rity and Cooperation in Europe, the European 

10 Union, the African Union, and the Association of 

11 South East Asian Nations. 

12 (b) ACTION THROUGH THE EQUAL RIGHTS COALI13 TION.—The Secretary of State shall promote diplomatic 

14 coordination through the Equal Rights Coalition, estab15 lished in July 2016 at the Global LGBTI Human Rights 

16 Conference in Montevideo, Uruguay, and other multilat17 eral mechanisms, to achieve the goals and outcomes de18 scribed in subsection (a). 

19 SEC. 10. REPRESENTING THE RIGHTS OF UNITED STATES 

20 LGBTI CITIZENS DEPLOYED TO DIPLOMATIC 

21 AND CONSULAR POSTS. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that, recognizing the importance of a diverse work24 force in the representation of the United States abroad, 


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1 and in support of sound personnel staffing policies, the 

2 Secretary of State should— 

3 (1) prioritize efforts to ensure that foreign gov4 ernments do not impede the assignment of United 

5 States LGBTI citizens and their families to diplo6 matic and consular posts; and 

7 (2) open conversations with entities in the 

8 United States private sector that engage in business 

9 in other countries to the extent necessary to address 

10 any visa issues faced by such private sector entities 

11 with respect to their LGBTI employees. 

12 (b) REMEDIES FOR FAMILY VISA DENIAL.— 

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

14 use all appropriate diplomatic efforts to ensure that 

15 the families of LGBTI employees of the Department 

16 are issued visas from countries where such employ17 ees are posted. 

18 (2) LIST REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary of State shall submit to Congress— 

21 (A) a classified list of each country that 

22 has refused to grant accreditation to LGBTI 

23 employees of the Department or their family 

24 members in the prior two years; and 


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1 (B) the actions taken or intended to be 

2 taken by the Secretary, in accordance with 

3 paragraph (1), to ensure that LGBTI employ4 ees are appointed to appropriate positions in ac5 cordance with diplomatic needs and personnel 

6 qualifications, including actions specifically re7 lating to securing the accreditation of the fami8 lies of such employees by relevant countries. 

9 SEC. 11. DEFINITIONS. 

10 In this Act: 

11 (1) LGBTI.—The term ‘‘LGBTI’’ means les12 bian, gay, bisexual, transgender, or intersex. 

13 (2) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Foreign Affairs, the 

17 Committee on the Judiciary, and the Com18 mittee on Appropriations of the House of Rep19 resentatives; and 

20 (B) the Committee on Foreign Relations, 

21 the Committee on the Judiciary, and the Com22 mittee on Appropriations of the Senate. 

23 (3) MEMBER OF A VULNERABLE GROUP.—The 

24 term ‘‘member of a vulnerable group’’ means, with 

25 respect to an alien, that such alien— 


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1 (A) is under 21 years of age or over 60 

2 years of age; 

3 (B) is pregnant; 

4 (C) identifies as lesbian, gay, bisexual, 

5 transgender, or intersex; 

6 (D) is victim or witness of a crime; 

7 (E) has filed a nonfrivolous civil rights 

8 claim in Federal or State court; 

9 (F) has a serious mental or physical illness 

10 or disability; 

11 (G) has been determined by an asylum of12 ficer in an interview conducted under section 

13 235(b)(1)(B) to have a credible fear of persecu14 tion; or 

15 (H) has been determined by an immigra16 tion judge or the Secretary of Homeland Secu17 rity to be experiencing severe trauma or to be 

18 a survivor of torture or gender-based violence, 

19 based on information obtained during intake, 

20 from the alien’s attorney or legal service pro21 vider, or through credible self-reporting. 

Æ 


kjohnson on DSK79L0C42 with BILLS