I 

115TH CONGRESS 

2D SESSION H. R. 7291 

To protect human rights and enhance opportunities for LGBTI people around 

the world, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2018 

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

LOFGREN, Mrs. LOWEY, Mr. TAKANO, and Mr. NADLER) introduced the 

following bill; which was referred to the Committee on Foreign Affairs, 

and in addition to the Committee on the Judiciary, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To protect human rights and enhance opportunities for 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Overseas for the Benefit of Equality Act of 2018’’ or the 

6 ‘‘GLOBE Act of 2018’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) The norms of good governance, human 

2 rights protections, and the rule of law have been vio3 lated unconscionably with respect to lesbian, gay, bi4 sexual, transgender and intersex (LGBTI) peoples in 

5 an overwhelming majority of countries around the 

6 world, where LGBTI people face violence, hatred, 

7 bigotry and discrimination because of who they are 

8 and whom they love. 

9 (2) In 75 countries, or almost 40 percent of the 

10 world, same-sex relations and relationships are 

11 criminalized. These include Nigeria, Egypt, and 

12 Uganda, among others. Homosexuality is punishable 

13 by death in at least 8 countries. Many countries also 

14 criminalize or otherwise prohibit cross-dressing and 

15 gender-affirming treatments for transgender individ16 uals. 

17 (3) Criminalizing LGBTI status or conduct is 

18 at the base of political, social and economic injustice 

19 toward LGBTI individuals in many countries. 

20 (4) 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. 


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1 (5) Violence and discrimination based on sexual 

2 orientation and gender identity are documented in 

3 the Department of State’s annual Country Human 

4 Rights Reports to Congress. These reports continue 

5 to show a clear pattern of human rights violations 

6 in every region of the world based on sexual orienta7 tion and gender identity. 

8 (6) These violations include murder, rape, tor9 ture, death threats, extortion, and imprisonment, in 

10 many cases with the complicity of governing offi11 cials. In the Russian autonomous region of 

12 Chechnya, Chechen authorities have been found di13 rectly complicit in the round-up, torture, and mur14 ders of LGBTI men. In Indonesia, public humilia15 tion and punishment of gay men has been carried 

16 out. In Jamaica, lesbian women have been subjected 

17 to so-called ‘‘corrective rape’’. 

18 (7) As documented by the State Department, 

19 LGBTI individuals are subjected in many countries 

20 to capricious imprisonment, loss of employment, 

21 housing, access to health care, and societal stigma 

22 and discrimination. LGBTI-specific restrictions on 

23 basic freedoms of assembly, press, and speech exist 

24 in every region of the world. Public support for 

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1 tries, including Russia, Belarus, Moldova, 

2 Kyrgyzstan, and Egypt. 

3 (8) Targeted sanctions are an important tool to 

4 push for accountability for violations of the human 

5 rights of LGBTI people. In December 2017, the 

6 United States imposed sanctions on Chechen Presi7 dent Ramzan Kadyrov and head of the Chechen 

8 Ministry of Internal Affairs Ayub Kataev, for com9 mitting extrajudicial imprisonment, torture, and 

10 murder, including of gay men, in Chechnya. 

11 (9) Anti-LGBTI laws and discrimination pose 

12 significant risks for LGBTI youth who come out to 

13 their family or community and often face rejection, 

14 homelessness, and limited educational and economic 

15 opportunities. These factors contribute to increased 

16 risks of substance abuse, suicide, and HIV infection 

17 among LGBTI youth. 

18 (10) Anti-LGBTI laws also increase global 

19 health risks. Studies have shown that when LGBTI 

20 people, especially LGBTI youth, face discrimination, 

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

22 and treatment services. In countries such as Tan23 zania, government authorities have closed down ac24 cess to HIV services for gay men. 


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1 (11) LGBTI populations are disproportionately 

2 impacted by the Mexico City Policy, also widely re3 ferred to as the ‘‘global gag rule’’, which was rein4 stated and expanded by President Donald J. Trump 

5 on January 23, 2017. LGBTI people often receive 

6 much of their healthcare through reproductive health 

7 clinics, and organizations that cannot comply with 

8 the policy are forced to discontinue work on United 

9 States-supported global health projects that are fre10 quently used by LGBTI populations, including HIV 

11 prevention and treatment, stigma reduction, and re12 search. 

13 (12) Because they face tremendous discrimina14 tion in the formal labor sector, many sex workers 

15 are also LGBTI individuals, and many sex-worker16 led programs and clinics serve the LGBTI commu17 nity with safe, non-stigmatizing, medical and social 

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

19 ‘‘most-at-risk population’’. The anti-prostitution loy20 alty oath that health care providers receiving United 

21 States assistance must take isolates sex-worker-led 

22 and serving groups from programs and reinforces 

23 stigma, undermining both the global AIDS response 

24 and human rights. The Supreme Court found this 

25 requirement unconstitutional as it applies to United 


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1 States nongovernmental organizations and their for2 eign affiliates in 2013. 

3 (13) According to the Trans Murder Monitoring 

4 Project, which monitors homicides of transgender in5 dividuals, 2,343 transgender and gender-diverse peo6 ple were murdered between 2008 and 2016, in 69 

7 countries. 

8 (14) In many countries, intersex individuals ex9 perience prejudice and discrimination because their 

10 bodies do not conform to general expectations about 

11 sex and gender. Because of these expectations, medi12 cally unnecessary interventions are often performed 

13 in infancy without the consent or approval of 

14 intersex individuals, in violation of international 

15 human rights standards. 

16 (15) Asylum and refugee protection are critical 

17 last-resort protections for LGBTI individuals, but 

18 those who seek such protections face ostracization 

19 and abuse in refugee camps and detention facilities. 

20 They are frequently targeted for violence, including 

21 sexual assault, in refugee camps and in immigration 

22 detention. LGBTI individuals may be segregated 

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1 resents an additional form of abuse that is pro2 foundly damaging to the social and psychological 

3 well-being of any individual. 

4 (16) The one-year filing deadline to apply for 

5 United States asylum also disproportionately im6 pacts LGBTI individuals, as does the severe backlog 

7 in immigration cases that LGBTI individuals must 

8 endure. The lack of legal representation in asylum 

9 and refugee adjudication proceedings imposes an 

10 often insurmountable barrier to protection and dura11 ble resettlement. 

12 (17) In December 2011, President Barack 

13 Obama directed all Federal foreign affairs agencies 

14 to ensure that their diplomatic, humanitarian, health 

15 and foreign assistance programs take into account 

16 the needs of marginalized LGBTI communities and 

17 persons. 

18 (18) In 2015, the Department of State estab19 lished the position of Special Envoy for the Human 

20 Rights of LGBTI Persons. In 2017, the Trump Ad21 ministration indicated to Congress that it will retain 

22 this position, which as of the date of the enactment 

23 of this Act has still not been filled. 

24 (19) The President’s Emergency Plan for AIDS 

25 Relief’s 2018 Annual Report to Congress states that 


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1 ‘‘In order to reach epidemic control, we must ad2 dress the underlying social and cultural issues, espe3 cially unequal human rights and stigma and dis4 crimination, that prevent people from accessing HIV 

5 prevention and treatment services’’. 

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

7 including the Department of State’s exchange and 

8 speaker programs, to address the human rights 

9 needs of marginalized communities has helped in10 form public debates in many countries regarding the 

11 protective responsibilities of any democratic govern12 ment. 

13 (21) In 2016, the United Nations Human 

14 Rights Council passed a resolution cosponsored by 

15 the United States that established an independent 

16 expert on violence and discrimination based on sex17 ual orientation and gender identity to help monitor 

18 and track discrimination and violence experienced by 

19 LGBTI persons around the world. 

20 (22) According to the International Guidelines 

21 on HIV/AIDS and Human Rights, as published by 

22 the United Nations High Commissioner for Human 

23 Rights, and according to the July 2017 report of the 

24 Independent Expert on protection against violence 

25 and discrimination based on sexual orientation and 


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1 gender identity, countries should review and reform 

2 criminal laws and correctional systems to ensure 

3 that they are consistent with international human 

4 rights obligations and are not misused or targeted 

5 against vulnerable groups. 

6 (23) Engaging multilateral fora and inter7 national institutions is critical to impacting global 

8 norms and to broadening global commitments to 

9 fairer standards for the treatment of all people, in10 cluding LGBTI. The United States must remain a 

11 leader in the United Nations system and has a vest12 ed interest in the success of that multilateral en13 gagement. 

14 (24) Ongoing United States leadership in the 

15 Equal Rights Coalition, which is a new intergovern16 mental coalition of more than 40 governments and 

17 leading civil society organizations that work together 

18 to protect the human rights of LGBTI people 

19 around the world, remains vital to international ef20 forts to respond to violence and impunity. 

21 (25) Those who represent the United States 

22 abroad, including our diplomats, development spe23 cialists and military, should reflect the diversity of 

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1 cluding through proud and open service abroad by 

2 LGBTI Americans and those living with HIV. 

3 SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTI4 VATED VIOLENCE AGAINST LGBTI PEOPLE 

5 ABROAD. 

6 (a) INFORMATION TO INCLUDE IN ANNUAL COUN7 TRY REPORTS ON HUMAN RIGHTS PRACTICES.—The For8 eign Assistance Act of 1961 is amended— 

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

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

11 ‘‘and’’ at the end; 

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

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

14 and 

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

16 paragraph: 

17 ‘‘(13) wherever applicable, violence or discrimi18 nation that affects fundamental freedoms, including 

19 widespread or systematic violation of the freedoms of 

20 expression, association, or assembly of an individual 

21 in foreign countries that is based on actual or per22 ceived sexual orientation, gender identity, or sex 

23 characteristics.’’; and 

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

25 inserting after the ninth sentence the following new 


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1 sentence: ‘‘Wherever applicable, such report shall 

2 also include information regarding violence or dis3 crimination that affects the fundamental freedoms, 

4 including widespread or systematic violation of the 

5 freedoms of expression, association, or assembly of 

6 an individual in foreign countries that is based on 

7 actual or perceived sexual orientation, gender iden8 tity, or sex characteristics.’’. 

9 (b) REVIEW AT DIPLOMATIC AND CONSULAR

10 POSTS.— 

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

12 country reports on human rights practices required 

13 by section 116 or 502B of the Foreign Assistance 

14 Act of 1961, as amended by subsection (a), the Sec15 retary of State shall obtain information from each 

16 diplomatic and consular post with respect to the fol17 lowing: 

18 (A) Incidents of violence against LGBTI 

19 people in the country in which such post is lo20 cated. 

21 (B) An analysis of the factors enabling or 

22 aggravating such incidents, such as government 

23 policy, societal pressure, or external actors. 


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1 (C) The response, whether public or pri2 vate, of the personnel of such post with respect 

3 to such incidents. 

4 (2) ADDRESSING BIAS-MOTIVATED VIOLENCE.— 

5 The Secretary shall include in the annual strategic 

6 plans of the regional bureaus concrete diplomatic 

7 strategies, programs, and policies to address bias8 motivated violence using information obtained pursu9 ant to paragraph (1), such as programs to build ca10 pacity among civil society or governmental entities to 

11 document, investigate, and prosecute instances of 

12 such violence and provide support to victims of such 

13 violence. 

14 (c) INTERAGENCY GROUP.— 

15 (1) ESTABLISHMENT.—There is established an 

16 interagency group on responses to urgent threats to 

17 LGBTI people in foreign countries (in this sub18 section referred to as the ‘‘interagency group’’), that 

19 shall be chaired by the Secretary of State and in20 clude the Secretary of Defense, the Secretary of the 

21 Treasury, the Administrator of the United States 

22 Agency for International Development, the Attorney 

23 General, and the head of each other Federal depart24 ment or agency the President determines is relevant 

25 to the duties of the interagency group. 


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

2 group shall be to— 

3 (A) coordinate the responses of each par4 ticipating agency with respect to threats di5 rected towards LGBTI populations in other 

6 countries; 

7 (B) develop longer-term approaches to pol8 icy developments and incidents negatively im9 pacting the LGBTI populations in specific 

10 countries; 

11 (C) advise the President on the designation 

12 of foreign persons for sanctions pursuant to 

13 section 4; 

14 (D) identify United States laws and poli15 cies, at the Federal, State, and local levels, that 

16 affirm the equality of LGBTI persons; and 

17 (E) use such identified laws and policies to 

18 develop diplomatic strategies to share the exper19 tise obtained from the implementation of such 

20 laws and policies with appropriate officials of 

21 countries where LGBTI persons do not enjoy 

22 equal protection under the law. 

23 (d) SPECIAL ENVOY FOR THE HUMAN RIGHTS OF

24 LGBTI PEOPLES.— 


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1 (1) ESTABLISHMENT.—The Secretary of State 

2 shall establish in the Bureau of Democracy, Human 

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

4 State a permanent Special Envoy for the Human 

5 Rights of LGBTI Peoples (in this section referred to 

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

7 the President. The Special Envoy shall report di8 rectly to the Assistant Secretary for DRL. 

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

10 efforts of the United States Government relating to 

11 United States foreign policy, as directed by the Sec12 retary, regarding human rights abuses against 

13 LGBTI people and communities internationally and 

14 the advancement of human rights for LGBTI people, 

15 and shall represent the United States internationally 

16 in bilateral and multilateral engagement on such 

17 matters. 

18 (3) DUTIES.— 

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

20 (i) shall serve as the principal advisor 

21 to the Secretary of State regarding human 

22 rights for LGBTI people internationally; 

23 (ii) shall, notwithstanding any other 

24 provision of law, direct activities, policies, 

25 programs, and funding relating to the 


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1 human rights of LGBTI people and the 

2 advancement of LGBTI equality initiatives 

3 internationally, for all bureaus and offices 

4 of the Department of State and shall lead 

5 the coordination of relevant international 

6 programs for all other Federal agencies re7 lating to such matters; 

8 (iii) shall represent the United States 

9 in diplomatic matters relevant to the 

10 human rights of LGBTI people, including 

11 criminalization, discrimination, and vio12 lence against LGBTI people internation13 ally; 

14 (iv) shall direct, as appropriate, 

15 United States Government resources to re16 spond to needs for protection, integration, 

17 resettlement, and empowerment of LGBTI 

18 people in United States Government poli19 cies and international programs, including 

20 to prevent and respond to criminalization, 

21 discrimination, and violence against 

22 LGBTI people internationally; 

23 (v) shall design, support, and imple24 ment activities regarding support, edu25 cation, resettlement, and empowerment of 


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1 LGBTI people internationally, including 

2 for the prevention and response to crim3 inalization, discrimination, and violence 

4 against LGBTI people internationally; 

5 (vi) shall lead interagency coordina6 tion between the foreign policy priorities 

7 related to the human rights of LGBTI peo8 ple and the development assistance prior9 ities of the LGBTI Coordinator of the 

10 United States Agency for International 

11 Development; 

12 (vii) shall conduct regular consultation 

13 with nongovernmental organizations work14 ing to prevent and respond to criminaliza15 tion, discrimination, and violence against 

16 LGBTI people internationally; 

17 (viii) shall ensure that programs, 

18 projects, and activities of the Department 

19 of State and the United States Agency for 

20 International Development designed to pre21 vent and respond to criminalization, dis22 crimination, and violence against LGBTI 

23 people internationally are subject to rig24 orous monitoring and evaluation, and that 

25 there is a uniform set of indicators and 


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1 standards for such monitoring and evalua2 tion that is used across international pro3 grams in Federal agencies; and 

4 (ix) is authorized to represent the 

5 United States in bilateral and multilateral 

6 fora on matters relevant to the human 

7 rights of LGBTI people internationally, in8 cluding criminalization, discrimination, and 

9 violence against LGBTI people internation10 ally. 

11 (e) TRAINING AT INTERNATIONAL LAW ENFORCE12 MENT ACADEMIES.—The President shall ensure that any 

13 international law enforcement academy supported by 

14 United States assistance shall provide training with re15 spect to the rights of LGBTI people, including through 

16 specialized courses highlighting best practices in the docu17 mentation, investigation and prosecution of bias-motivated 

18 hate crimes targeting persons based on actual or perceived 

19 sexual orientation, gender identity or sex characteristics. 

20 SEC. 4. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 

21 VIOLATIONS OF HUMAN RIGHTS AGAINST 

22 LGBTI PEOPLE. 

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

24 date of the enactment of this Act and biannually there25 after, the President shall transmit to the appropriate conVerDate Sep 11 2014 01:29 Dec 18, 2018 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7291.IH H7291

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1 gressional committees a list of each foreign person that 

2 the President determines, based on credible information 

3 including information obtained by other countries or by 

4 nongovernmental organizations that monitor violations of 

5 human rights— 

6 (1) is responsible for or complicit in, with re7 spect to persons based on actual or perceived sexual 

8 orientation, gender identity, or sex characteristics— 

9 (A) cruel, inhuman, or degrading treat10 ment or punishment; 

11 (B) prolonged detention without charges 

12 and trial; 

13 (C) causing the disappearance of persons 

14 by the abduction and clandestine detention of 

15 such persons; or 

16 (D) other flagrant denial of the right to 

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

18 (2) acted as an agent of or on behalf of a for19 eign person in a matter relating to an activity de20 scribed in paragraph (1); or 

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

22 foreign person to engage in an activity described in 

23 paragraph (1). 

24 (b) FORM; UPDATES; REMOVAL.— 


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

2 shall be transmitted in unclassified form and shall 

3 be published in the Federal Register without regard 

4 to the requirements of section 222(f) of the Immi5 gration and Nationality Act (8 U.S.C. 1202(f)) with 

6 respect to confidentiality of records pertaining to the 

7 issuance or refusal of visas or permits to enter the 

8 United States, except that the President may include 

9 a person in a classified, unpublished annex to such 

10 list if the President— 

11 (A) determines that— 

12 (i) it is vital for the national security 

13 interests of the United States to do so; and 

14 (ii) the use of such annex, and the in15 clusion of such person in such annex, 

16 would not undermine the overall purpose of 

17 this section to publicly identify foreign per18 sons engaging in the conduct described in 

19 subsection (a)(1) in order to increase ac20 countability for such conduct; and 

21 (B) not later than 15 days before including 

22 such person in a classified annex, provides to 

23 the appropriate congressional committees notice 

24 of, and a justification for, including or con25 tinuing to include each foreign person in the 


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1 classified annex despite the existence of any 

2 publicly available credible information indi3 cating that the foreign person engaged in an ac4 tivity described in paragraph (1) or (2) of sub5 section (a). 

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

7 the appropriate congressional committees an update 

8 of the list required by subsection (a) as new infor9 mation becomes available. 

10 (3) REMOVAL.—A person may be removed from 

11 the list required by subsection (a) if the President 

12 determines and reports to the appropriate congres13 sional committees not later than 15 days before the 

14 removal of the person from the list that— 

15 (A) credible information exists that the 

16 person did not engage in the activity for which 

17 the person was added to the list; 

18 (B) the person has been prosecuted appro19 priately for the activity in which the person en20 gaged; or 

21 (C) the person has credibly demonstrated a 

22 significant change in behavior, has paid an ap23 propriate consequence for the activities in which 

24 the person engaged, and has credibly committed 


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1 to not engage in an activity described in para2 graph (1) or (2) of subsection (a). 

3 (c) PUBLIC SUBMISSION OF INFORMATION.—The 

4 President shall issue public guidance, including through 

5 United States diplomatic and consular posts, setting forth 

6 the manner by which the names of foreign persons who 

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

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

9 of State for evaluation. 

10 (d) REQUESTS FROM CHAIR AND RANKING MEMBER

11 OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 

12 (1) CONSIDERATION OF INFORMATION.—The 

13 President shall also consider information provided by 

14 the Chair or Ranking Member of each of the appro15 priate congressional committees in determining 

16 whether to include a foreign person on the list re17 quired by subsection (a). 

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

19 receiving a written request from the Chair or Rank20 ing Member of one of the appropriate congressional 

21 committees with respect to whether a foreign person 

22 meets the criteria for being added to the list re23 quired by subsection (a), the President shall trans24 mit a response to that Chair or Ranking Member, as 


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1 the case may be, with respect to the President’s de2 termination relating to such foreign person. 

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

4 the list required by subsection (a) a person that had 

5 been placed on the list pursuant to a request under 

6 paragraph (2), the President shall provide to the rel7 evant Chair or Ranking Member any information 

8 that contributed to such decision. 

9 (4) FORM.—The President may transmit a re10 sponse required by paragraph (2) or paragraph (3) 

11 in classified form if the President determines that it 

12 is necessary for the national security interests of the 

13 United States to do so. 

14 (e) INELIGIBILITY FOR VISAS AND ADMISSION TO

15 THE UNITED STATES.—An individual who is a foreign 

16 person on the list required by subsection (a) is ineligible 

17 to receive a visa to enter the United States and ineligible 

18 to be admitted to the United States. 

19 (f) CURRENT VISAS REVOKED AND REMOVAL FROM

20 UNITED STATES.— 

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

22 revoke, in accordance with section 221(i) of the Im23 migration and Nationality Act (8 U.S.C. 1201(i)), 

24 the visa or other documentation of an individual who 

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1 mentation under subsection (e), and the Secretary of 

2 Homeland Security shall remove from the United 

3 States such an individual. 

4 (2) REGULATIONS REQUIRED.—Not later than 

5 180 days after the date of the enactment of this Act, 

6 the Secretary of State and the Secretary of Home7 land Security shall prescribe such regulations as are 

8 necessary to carry out this subsection. 

9 (g) SENSE OF CONGRESS WITH RESPECT TO ADDI10 TIONAL SANCTIONS.—It is the sense of Congress that the 

11 President should impose additional targeted sanctions 

12 with respect to foreign persons on the list required by sub13 section (a) to push for accountability for flagrant denials 

14 of the right to life, liberty, or the security of the person, 

15 through the use of designations and targeted sanctions 

16 provided for such conduct under other existing authorities. 

17 (h) WAIVERS IN THE INTEREST OF NATIONAL SECU18 RITY.— 

19 (1) IN GENERAL.—The President may waive 

20 the application of subsection (e), (f), or (g) with re21 spect to a person if the President determines and 

22 submits to the appropriate congressional committees 

23 notice and justification, that such a waiver— 

24 (A) is necessary to permit the United 

25 States to comply with the Agreement between 


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1 the United Nations and the United States of 

2 America regarding the Headquarters of the 

3 United Nations, signed June 26, 1947, and en4 tered into force November 21, 1947, or other 

5 applicable international obligations of the 

6 United States; or 

7 (B) is in the national security interests of 

8 the United States. 

9 (2) TIMING OF CERTAIN WAIVERS.—A waiver 

10 pursuant to a determination under subparagraph 

11 (B) of paragraph (1) shall be submitted not later 

12 than 15 days before the granting of such waiver. 

13 (i) REPORT REQUIRED.—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 re23 port, the dates on which those persons were 

24 added or removed, and the reasons for adding 

25 or removing those persons; and 


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1 (B) an analysis that compares increases or 

2 decreases in the number of such persons year3 over-year and the reasons therefor; and 

4 (2) any efforts by the President to coordinate 

5 with the governments of other countries, as appro6 priate, to impose sanctions that are similar to the 

7 sanctions imposed under this section. 

8 (j) FOREIGN PERSONS.—In this section, the term 

9 ‘‘foreign person’’ means— 

10 (1) any citizen or national of a foreign country 

11 (including any such individual who is also a citizen 

12 or national of the United States), including leaders 

13 or officials of governmental entities of a foreign 

14 country; or 

15 (2) any entity not organized solely under the 

16 laws of the United States or existing solely in the 

17 United States, including governmental entities of a 

18 foreign country. 

19 (k) EXCLUSION FOR PERSECUTION OF LGBTI INDI20 VIDUALS.—Section 212(a)(2) of the Immigration and Na21 tionality Act (8 U.S.C. 1182(a)(2)) is amended by adding 

22 at the end the following new subparagraph: 

23 ‘‘(J) HUMAN RIGHTS VIOLATORS.—Any 

24 alien who, while serving as an official of a for25 eign government, was responsible for or directly 


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1 carried out serious violations of the human 

2 rights of LGBTI individuals or targeting 

3 LGBTI people, is inadmissible.’’. 

4 SEC. 5. COMBATING INTERNATIONAL CRIMINALIZATION OF 

5 LGBTI STATUS, EXPRESSION, OR CONDUCT. 

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

7 State, in consultation with the Administrator of the 

8 United States Agency for International Development, shall 

9 include during the course of annual strategic planning an 

10 examination of the progress made in countries around the 

11 world toward the decriminalization of the status, expres12 sion, and conduct of LGBTI individuals, the obstacles that 

13 remain toward achieving such decriminalization, and the 

14 strategies available to the Department and the Agency to 

15 address such obstacles 

16 (b) ELEMENTS.—The examination described in sub17 section (a) shall include the following: 

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

19 and civil laws of other countries that disproportion20 ately impact communities of LGBTI individuals or 

21 apply with respect to the conduct of LGBTI individ22 uals. 

23 (2) In consultation with the Attorney General, 

24 a list of countries in each geographic region with re25 spect to which— 


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1 (A) the Attorney General, acting through 

2 the Office of Overseas Prosecutorial Develop3 ment Assistance and Training of the Depart4 ment of Justice, shall prioritize programs seek5 ing to— 

6 (i) decriminalize the status, expres7 sion, and conduct of LGBTI individuals; 

8 (ii) monitor the trials of those pros9 ecuted because of such status, expression, 

10 or conduct; and 

11 (iii) reform related laws having a dis12 criminatory impact on LGBTI individuals; 

13 and 

14 (B) applicable speaker or exchange pro15 grams sponsored by the United States Govern16 ment shall bring together civil society and gov17 ernmental leaders to promote the recognition of 

18 LGBTI rights through educational exchanges in 

19 the United States and support better under20 standing of the role that governments and civil 

21 societies mutually play in assurance of equal 

22 treatment of LGBTI populations abroad. 

23 SEC. 6. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS 

24 OF LGBTI PEOPLE. 

25 (a) GLOBAL EQUALITY FUND.— 


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

2 establish a fund, to be known as the ‘‘Global Equal3 ity Fund’’, to be managed by the Assistant Sec4 retary of the Bureau of Democracy, Human Rights 

5 and Labor, consisting of such sums as may be ap6 propriated to provide grants, emergency assistance, 

7 and technical assistance to eligible civil society orga8 nizations and human rights defenders working to ad9 vance and protect human rights for all including 

10 LGBTI persons, by seeking to achieve the following: 

11 (A) Ensuring the freedoms of assembly, 

12 association, and expression. 

13 (B) Protecting persons or groups against 

14 the threat of violence, including medically un15 necessary interventions performed on intersex 

16 infants. 

17 (C) Advocating against laws that crim18 inalize LGBTI status, expression, or conduct or 

19 discriminate against individuals on the basis of 

20 sexual orientation, gender identity, or sex char21 acteristics. 

22 (D) Ending explicit and implicit forms of 

23 discrimination in the workplace, housing, edu24 cation, and other public institutions or services. 


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1 (E) Building community awareness and 

2 support for the human rights of LGBTI per3 sons. 

4 (2) CONTRIBUTIONS.—The Secretary may ac5 cept financial and technical contributions from cor6 porations, bilateral donors, foundations, nongovern7 mental organizations, and other entities supporting 

8 the outcomes described in paragraph (1), through 

9 the Global Equality Fund. 

10 (3) PRIORITIZATION.—In providing assistance 

11 through the Global Equality Fund, the Secretary 

12 shall ensure due consideration and appropriate 

13 prioritization of assistance to groups that have his14 torically been excluded from programs undertaken 

15 for the outcomes described in paragraph (1). 

16 (b) LGBTI GLOBAL DEVELOPMENT PARTNER17 SHIP.—The Administrator of the United States Agency 

18 for International Development, in consultation with the 

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

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

21 to leverage the financial and technical contributions of cor22 porations, bilateral donors, foundations, nongovernmental 

23 organizations, and universities to support the human 

24 rights and development of LGBTI persons around the 


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1 world by supporting programs, projects, and activities for 

2 the following purposes: 

3 (1) To strengthen the capacity of LGBTI lead4 ers and civil society organizations. 

5 (2) To train LGBTI leaders to effectively par6 ticipate in democratic processes and lead civil insti7 tutions. 

8 (3) To conduct research to inform national, re9 gional, or global policies and programs. 

10 (4) To promote economic empowerment through 

11 enhanced LGBTI entrepreneurship and business de12 velopment. 

13 (c) CONSULTATION.—In coordinating programs, 

14 projects, and activities through the Global Equality Fund 

15 or the Global Development Partnership, the Secretary of 

16 State shall consult, as appropriate, with the Administrator 

17 of the United States Agency for International Develop18 ment and the heads of other relevant Federal departments 

19 and agencies. 

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

21 the appropriate congressional committees an annual re22 port on the work of, successes obtained, and challenges 

23 faced by the Global Equality Fund and the LGBTI Global 

24 Development Partnership established in accordance with 

25 this section. 


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1 (e) LIMITATION ON ASSISTANCE RELATING TO

2 EQUAL ACCESS.— 

3 (1) IN GENERAL.—None of the amounts au4 thorized to be appropriated or otherwise made avail5 able to provide United States assistance for any hu6 manitarian, development, or global health programs 

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

8 implementing partner, unless such recipient— 

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

10 activity funded by such amounts are made 

11 available to all elements of the population, ex12 cept to the extent that such program, project, 

13 or activity targets a population because of the 

14 higher assessed risk of negative outcomes 

15 among such populations; 

16 (B) undertakes to make every reasonable 

17 effort to ensure that each subcontractor or sub18 grantee of such recipient will also adhere to the 

19 requirement described in subparagraph (A); and 

20 (C) agrees to return all amounts awarded 

21 or otherwise provided by the United States, in22 cluding such additional penalties as the Sec23 retary of State may determine to be appro24 priate, if the recipient is not able to adhere to 

25 the requirement described in subparagraph (A). 


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1 (2) QUARTERLY REPORT.—The Secretary of 

2 State shall provide to the appropriate congressional 

3 committees a quarterly report on the methods by 

4 which the Department monitors compliance with the 

5 requirement in paragraph (1)(A). 

6 SEC. 7. GLOBAL HEALTH INCLUSIVITY. 

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

8 Government Activities to Combat HIV/AIDS Globally 

9 shall develop mechanisms to ensure that the President’s 

10 Emergency Plan for AIDS Relief (PEPFAR) is imple11 mented in a way that equitably serves LGBTI people in 

12 accordance with the goals described in section 6(e), includ13 ing by requiring all partner entities receiving assistance 

14 through PEPFAR to receive training on the health needs 

15 of and human rights standards relating to LGBTI people, 

16 and shall promptly notify Congress of any obstacles en17 countered by a foreign government or contractor, grantee, 

18 or implementing partner in the effort to equitably imple19 ment PEPFAR as described in such subsection, including 

20 any remedial steps taken by the Coordinator to overcome 

21 such obstacles. 

22 (b) REPORT ON INTERNATIONAL PROSECUTIONS FOR

23 SEX WORK OR CONSENSUAL SEXUAL ACTIVITY.—Not 

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

25 this Act, the Coordinator shall submit to the appropriate 


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1 congressional committees a report describing the manner 

2 in which commodities such as condoms provided by pro3 grams, projects, or activities funded through PEPFAR or 

4 other sources of United States assistance have been used 

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

6 other countries in order to enforce domestic laws criminal7 izing sex work or consensual sexual activity. 

8 (c) REPORT ON HIV/AIDS-RELATED INDEX TEST9 ING.—Not later than 180 days after the date of the enact10 ment of this Act, the Coordinator shall submit to the ap11 propriate congressional committees a report describing the 

12 impact of partner notification services and index testing 

13 on treatment adherence, intimate partner violence, and ex14 posure to the criminal justice system for key populations, 

15 including LGBTI people and sex workers, using quali16 tative and quantitative data. 

17 (d) REMOVING LIMITATIONS ON ELIGIBILITY FOR

18 FOREIGN ASSISTANCE.— 

19 (1) IN GENERAL.—Notwithstanding any other 

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

21 eligibility for assistance authorized under part I of 

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

23 et seq.), a foreign nongovernmental organization— 

24 (A) shall not be ineligible for such assist25 ance solely on the basis of health or medical 


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1 services, including counseling and referral serv2 ices, provided by such organizations solely using 

3 funds not provided by the United States Gov4 ernment, if such services do not violate the laws 

5 of the country in which they are being provided 

6 and would not violate Federal law if provided in 

7 the United States; and 

8 (B) shall not be subject to requirements 

9 relating to advocacy and lobbying activities with 

10 respect to funds not provided by the United 

11 States Government, other than requirements re12 lating to such activities that also apply to 

13 United States nongovernmental organizations 

14 receiving assistance authorized under such part 

15 I. 

16 (2) CONFORMING AMENDMENTS TO PEPFAR AU17 THORIZATION.—Section 301 of the United States 

18 Leadership Against HIV/AIDS, Tuberculosis, and 

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

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

21 and 

22 (B) by redesignating subsection (g) as sub23 section (d). 

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1 NATOR.—Section 403(a) of the United States Lead2 ership Against HIV/AIDS, Tuberculosis, and Ma3 laria Act of 2003 (22 U.S.C. 7673(a)) is amended— 

4 (A) in paragraph (1)— 

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

6 follows through ‘‘(A) provide’’ and insert7 ing ‘‘shall provide’’; 

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

9 a period; and 

10 (iii) by striking subparagraph (B); 

11 and 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘PREVENTION STRAT14 EGY.—’’ and all that follows through ‘‘In 

15 carrying out paragraph (1)’’ and inserting 

16 ‘‘PREVENTION STRATEGY.—In carrying 

17 out paragraph (1)’’; and 

18 (ii) by striking subparagraph (B). 

19 (4) CONFORMING AMENDMENTS TO TVPRA AU20 THORIZATION.—Section 113 of the Trafficking Vic21 tims Protection Act of 2000 (22 U.S.C. 7110) is 

22 amended— 

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

24 (B) by redesignating subsections (h) and 

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


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1 SEC. 8. IMMIGRATION REFORM. 

2 (a) REFUGEES AND ASYLUM SEEKERS.— 

3 (1) LGBTI SOCIAL GROUP.—Section 

4 101(a)(42) of the Immigration and Nationality Act 

5 (8 U.S.C. 1101(a)(42)) is amended by inserting 

6 after the period at the end the following: ‘‘For pur7 poses of determinations under this Act, a person 

8 who has been persecuted on the basis of sexual ori9 entation or gender identity, shall be deemed to have 

10 been persecuted on account of membership in a par11 ticular social group, and a person who has a well 

12 founded fear of persecution on the basis of sexual 

13 orientation or gender identity shall be deemed to 

14 have a well founded fear of persecution on account 

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

16 (2) REPORT.—Section 103(e) of the Immigra17 tion and Nationality Act (8 U.S.C. 1103(e)) is 

18 amended by adding at the end the following: 

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

20 the total number of applications for asylum and refugee 

21 status received that are, in whole or in part, based on per22 secution or a well founded fear of persecution on account 

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

24 approval administratively of such applications.’’. 

25 (3) ASYLUM FILING DEADLINE REPEAL.— 


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

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

3 1158(a)(2)(B)) is repealed. 

4 (B) CONFORMING AMENDMENTS.—Section 

5 208(a)(2) of the Immigration and Nationality 

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

7 (i) in subparagraph (D)— 

8 (I) by striking ‘‘notwithstanding 

9 subparagraphs (B) and (C)’’ and in10 serting ‘‘notwithstanding subpara11 graph (C)’’; 

12 (II) by striking ‘‘either’’ after 

13 ‘‘Attorney General’’; and 

14 (III) by striking ‘‘or extraor15 dinary circumstances relating to the 

16 delay in filing an application within 

17 the period specified in subparagraph 

18 (B)’’; and 

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

20 ‘‘Subparagraphs (A) and (B)’’ and insert21 ing ‘‘Subparagraph (A)’’. 

22 (C) APPLICATION.—The amendments 

23 made by this paragraph shall apply to applica24 tions for asylum filed before, on, or after the 

25 date of the enactment of this Act. 


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

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

3 amended— 

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

5 any permanent partner, but’’ before ‘‘does not in6 clude’’; and 

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

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

9 partnership. 

10 ‘‘(54) The term ‘permanent partner’ means an indi11 vidual 18 years of age or older who— 

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

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

14 which both parties intend a lifelong commitment; 

15 ‘‘(B) is financially interdependent with the 

16 other individual; 

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

18 other individual; 

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

20 having no nationality, last habitually resided in a 

21 country that prohibits marriage between the individ22 uals; and 

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

24 blood relation of the other individual. 


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

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

3 (c) COUNSEL.— 

4 (1) APPOINTMENT OF COUNSEL.—Section 

5 240(b)(4) of the Immigration and Nationality Act (8 

6 U.S.C. 1229a(b)(4)) is amended— 

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

8 ‘‘and’’ at the end; 

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

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

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

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

13 a case in which an indigent alien requests rep14 resentation, such representation shall be ap15 pointed by the court, at the expense of the Gov16 ernment, for such proceedings.’’. 

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

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

19 amended— 

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

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

22 person’’; and 

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

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

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1 resentation shall be appointed by the court, at the expense 

2 of the Government, for the proceedings described in sub3 section (a). 

4 ‘‘(c) In an interview relating to admission under sec5 tion 207, an alien shall have the privilege of being rep6 resented, at no expense to the Government, by such coun7 sel, authorized to practice in such proceedings, as the alien 

8 shall choose.’’. 

9 (d) REFUGEE ADMISSIONS OF LGBTI ALIENS FROM

10 CERTAIN COUNTRIES.— 

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

12 nationals of or, in the case of aliens having no na13 tionality, last habitually resided in a country that 

14 fails to protect against persecution on the basis of 

15 sexual orientation or gender identity and who share 

16 common characteristics that identify them as targets 

17 of persecution on account of sexual orientation or 

18 gender identity, such aliens are eligible for Priority 

19 2 processing under the refugee resettlement priority 

20 system. 

21 (2) RESETTLEMENT PROCESSING.— 

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

23 refugee admitted under section 207 of the Im24 migration and Nationality Act discloses to an 

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1 lation, Refugees, and Migration information 

2 with respect to the refugee’s sexual orientation 

3 or gender identity, the Secretary of State shall, 

4 with the refugee’s consent, provide such infor5 mation to the appropriate national resettlement 

6 agency to prevent the refugee from being placed 

7 in a community in which the refugee is likely to 

8 face continued discrimination and to place the 

9 refugee in a community that offers services to 

10 meet the needs of the refugee. 

11 (B) NATIONAL RESETTLEMENT AGENCIES

12 DEFINED.—The term ‘‘national resettlement 

13 agency’’ means an agency contracting with the 

14 Department of State to provide sponsorship and 

15 initial resettlement services to refugees entering 

16 the United States. 

17 (e) TRAINING PROGRAM.— 

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

19 environment in which an alien may safely disclose 

20 such alien’s sexual orientation or gender identity, 

21 the Secretary of Homeland Security shall establish, 

22 in consultation with the Secretary of State, a train23 ing program for staff and translators who partici24 pate in the interview process of aliens seeking asy25 lum or status as a refugee. 


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1 (2) COMPONENTS OF TRAINING PROGRAM.— 

2 The training program described in paragraph (1) 

3 shall include instruction on— 

4 (A) appropriate word choice and word 

5 usage; 

6 (B) creating safe spaces and facilities for 

7 LGBTI aliens; 

8 (C) confidentiality requirements; and 

9 (D) nondiscrimination policies. 

10 (f) LIMITATION ON DETENTION.— 

11 (1) PRESUMPTION OF RELEASE.— 

12 (A) IN GENERAL.—Notwithstanding any 

13 other provision of law and except as provided in 

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

15 Homeland Security— 

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

17 member of a vulnerable group under any 

18 provision of the Immigration and Nation19 ality Act (8 U.S.C. 1101 et seq.) pending 

20 a decision with respect to whether the alien 

21 is to be removed from the United States; 

22 and 

23 (ii) shall immediately release any de24 tained alien who is a member of a vulner25 able group. 


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1 (B) EXCEPTIONS.—The Secretary of 

2 Homeland Security may detain, pursuant to the 

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

4 1101 et seq.), an alien who is a member of a 

5 vulnerable group if the Secretary makes a de6 termination, using credible and individualized 

7 information, that the use of alternatives to de8 tention will not reasonably assure the appear9 ance of the alien at removal proceedings, or 

10 that the alien is a threat to another person or 

11 the community. The fact that an alien has a 

12 criminal charge pending against the alien may 

13 not be the sole factor to justify the detention of 

14 the alien. 

15 (C) REMOVAL.—In a case in which deten16 tion is the least restrictive means of effec17 tuating the removal from the United States of 

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

19 the subject of a final order of deportation or re20 moval, and not detained under subparagraph 

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

22 solely for the purpose of such removal, detain 

23 the alien for a period that is— 


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1 (i) the shortest possible period imme2 diately preceding the removal of the alien 

3 from the United States; and 

4 (ii) not more than 5 days. 

5 (2) WEEKLY REVIEW REQUIRED.— 

6 (A) IN GENERAL.—With respect to an 

7 alien detained under subparagraph (B) of para8 graph (1), not less frequently than once each 

9 week, the Secretary of Homeland Security shall 

10 conduct an individualized review to determine 

11 whether the alien should continue to be de12 tained under such subparagraph. 

13 (B) RELEASE.—In the case of a deter14 mination under subparagraph (A) that an alien 

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

16 not later than 24 hours after the date on which 

17 the Secretary makes the determination, the Sec18 retary shall release the detainee. 

19 (g) PROTECTIVE CUSTODY FOR LGBTI ALIEN DE20 TAINEES.— 

21 (1) DETAINEES.—An LGBTI alien who is de22 tained under subparagraph (B) or (C) of subsection 

23 (f)(1) may not be placed in housing that is seg24 regated from the general population unless— 


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1 (A) the alien requests placement in such 

2 housing for the protection of the alien; or 

3 (B) the Secretary of Homeland Security 

4 determines, after assessing all available alter5 natives, that there is no available alternative 

6 means of separation from likely abusers. 

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

8 an LGBTI alien is placed in segregated housing pur9 suant to paragraph (1), the Secretary of Homeland 

10 Security shall ensure that such housing— 

11 (A) includes non-LGBTI aliens, to the ex12 tent practicable; and 

13 (B) complies with any applicable court 

14 order for the protection of LGBTI aliens. 

15 (3) PROTECTIVE CUSTODY REQUESTS.—In a 

16 case in which an LGBTI alien who is detained re17 quests placement in segregated housing for the pro18 tection of such alien, the Secretary of Homeland Se19 curity shall grant such request. 

20 (h) SENSE OF CONGRESS.—It is the sense of Con21 gress that the Secretary of Homeland Security should hire 

22 a sufficient number of Refugee Corps officers for refugee 

23 interviews to be held within a reasonable period of time 

24 and adjudicated not later than 180 days after a request 

25 for Priority 2 consideration is filed. 


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1 SEC. 9. ENGAGING INTERNATIONAL ORGANIZATIONS IN 

2 THE FIGHT AGAINST LGBTI DISCRIMINATION. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the United States should be a leader in ef6 forts by the United Nations to ensure that human 

7 rights norms, development principles, and political 

8 rights are fully inclusive of LGBTI people; 

9 (2) United States leadership within inter10 national financial institutions, such as the World 

11 Bank and the regional development banks, should be 

12 used to ensure that the programs, projects, and ac13 tivities undertaken by such institutions are fully in14 clusive of all people, including LGBTI people; and 

15 (3) the Secretary of State should seek appro16 priate opportunities to encourage the equal treat17 ment of LGBTI people during discussions with or 

18 participation in the full range of regional, multilat19 eral, and international fora, such as the Organiza20 tion of American States, the Organization for Secu21 rity and Cooperation in Europe, the European 

22 Union, the African Union, and the Association of 

23 South East Asian Nations. 

24 (b) ACTION THROUGH THE EQUAL RIGHTS COALI25 TION.—The Secretary of State shall promote diplomatic 

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1 lished in July 2016 at the Global LGBTI Human Rights 

2 Conference in Montevideo, Uruguay, and other multilat3 eral mechanisms, to achieve the goals and outcomes de4 scribed in subsection (a). 

5 SEC. 10. REPRESENTING THE RIGHTS OF UNITED STATES 

6 LGBTI CITIZENS DEPLOYED TO DIPLOMATIC 

7 AND CONSULAR POSTS. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that, recognizing the importance of a diverse work10 force in the representation of the United States abroad, 

11 and in support of sound personnel staffing policies, the 

12 Secretary of State should— 

13 (1) prioritize efforts to ensure that foreign gov14 ernments do not impede the assignment of United 

15 States LGBTI citizens and their families to diplo16 matic and consular posts; and 

17 (2) open conversations with entities in the 

18 United States private sector that engage in business 

19 in other countries to the extent necessary to address 

20 any visa issues faced by such private sector entities 

21 with respect to their LGBTI employees. 

22 (b) REMEDIES FOR FAMILY VISA DENIAL.— 

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

24 use all appropriate diplomatic efforts to ensure that 

25 the families of LGBTI employees of the Department 


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1 are issued visas from countries where such employ2 ees are posted. 

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

4 after the date of the enactment of this Act, the Sec5 retary of State shall submit to Congress— 

6 (A) a classified list of each country that 

7 has refused to grant accreditation to LGBTI 

8 employees of the Department or their family 

9 members in the prior two years; and 

10 (B) the actions taken or intended to be 

11 taken by the Secretary, in accordance with 

12 paragraph (1), to ensure that LGBTI employ13 ees are appointed to appropriate positions in ac14 cordance with diplomatic needs and personnel 

15 qualifications, including actions specifically re16 lating to securing the accreditation of the fami17 lies of such employees by relevant countries. 

18 SEC. 11. DEFINITIONS. 

19 In this Act: 

20 (1) LGBTI.—The term ‘‘LGBTI’’ means les21 bian, gay, bisexual, transgender, or intersex. 

22 (2) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (A) the Committee on Foreign Affairs, the 

2 Committee on the Judiciary, and the Com3 mittee on Appropriations of the House of Rep4 resentatives; and 

5 (B) the Committee on Foreign Relations, 

6 the Committee on the Judiciary, and the Com7 mittee on Appropriations of the Senate. 

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

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

10 respect to an alien, that such alien— 

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

12 years of age; 

13 (B) is pregnant; 

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

15 transgender, or intersex; 

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

17 (E) has filed a nonfrivolous civil rights 

18 claim in Federal or State court; 

19 (F) has a serious mental or physical illness 

20 or disability; 

21 (G) has been determined by an asylum of22 ficer in an interview conducted under section 

23 235(b)(1)(B) to have a credible fear of persecu24 tion; or 


pamtmann on DSKBFK8HB2PROD with BILLS
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•HR 7291 IH

1 (H) has been determined by an immigra2 tion judge or the Secretary of Homeland Secu3 rity to be experiencing severe trauma or to be 

4 a survivor of torture or gender-based violence, 

5 based on information obtained during intake, 

6 from the alien’s attorney or legal service pro7 vider, or through credible self-reporting. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS