II 

115TH CONGRESS 

2D SESSION S. 3020 

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

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

LGBTI Peoples, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2018 

Mr. MARKEY (for himself, Mr. BOOKER, Ms. WARREN, Mr. MERKLEY, Mr. 

BLUMENTHAL, Mr. WHITEHOUSE, Mr. COONS, Mrs. GILLIBRAND, Mr. 

BROWN, Mr. DURBIN, Mr. VAN HOLLEN, Mr. CARDIN, Mr. SANDERS, 

Ms. BALDWIN, Mr. MURPHY, Mr. NELSON, Mr. WYDEN, Mr. LEAHY, 

Mrs. MURRAY, Mr. CASEY, Mrs. SHAHEEN, Mrs. FEINSTEIN, and Ms. 

HARRIS) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To establish in the Bureau of Democracy, Human Rights, 

and Labor of the Department of State a Special Envoy 

for the Human Rights of LGBTI Peoples, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Rights Defense Act of 2018’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Relations 

7 and the Committee on Appropriations of the 

8 Senate; and 

9 (B) the Committee on Foreign Affairs and 

10 the Committee on Appropriations of the House 

11 of Representatives. 

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

13 identity’’ means the gender-related identity, appear14 ance, or mannerisms or other gender-related charac15 teristics of an individual, regardless of the individ16 ual’s designated sex at birth. 

17 (3) INTERSEX.—The term ‘‘intersex’’ means in18 dividuals born with sex characteristics (including 

19 genitals, gonads, or chromosome patterns) that vary 

20 from typical binary notions of male or female bodies 

21 and is an umbrella term used to describe a wide 

22 range of natural bodily variations. 

23 (4) LGBTI.—The term ‘‘LGBTI’’ means les24 bian, gay, bisexual, transgender, or intersex. 


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1 (5) SEX CHARACTERISTICS.—The term ‘‘sex 

2 characteristics’’ means the chromosomal, gonadal, or 

3 anatomical features of a person, including— 

4 (A) primary characteristics, such as repro5 ductive organs and genitalia, chromosomal 

6 structures, or hormones; and 

7 (B) secondary characteristics, such as 

8 muscle mass, hair distribution, breasts, or 

9 structure. 

10 (6) SEXUAL ORIENTATION.—The term ‘‘sexual 

11 orientation’’ means actual or perceived homosex12 uality, heterosexuality, or bisexuality. 

13 SEC. 3. FINDINGS. 

14 Congress makes the following findings: 

15 (1) Around the world, LGBTI people face vio16 lence, discrimination, hatred, and bigotry. 

17 (2) Seventy-five countries criminalize same-sex 

18 relations or prohibit the public support of the 

19 LGBTI community. That is equal to nearly 40 per20 cent of United Nations member states. 

21 (3) In several countries, homosexuality is a 

22 crime that is punishable by death. 

23 (4) Intersex people experience prejudice and 

24 discrimination because their bodies do not conform 

25 to other people’s expectations about sex and gender, 


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1 including the common performance of medically un2 necessary surgeries without the consent or approval 

3 of intersex individuals. 

4 (5) Violence and discrimination based on sexual 

5 orientation and gender identity are documented in 

6 the Department of State’s annual Human Rights 

7 Report to Congress. The 2016 report continues to 

8 show a clear pattern of human rights violations in 

9 every region of the world based on sexual orientation 

10 and gender identity. These violations include mur11 der, rape, torture, death threats, extortion, and im12 prisonment, as well as loss of employment, housing, 

13 access to health care, and other forms of societal 

14 stigma and discrimination. The report further docu15 ments LGBTI-specific restrictions on basic freedoms 

16 of assembly, press, and speech in every region of the 

17 world. 

18 (6) In Jamaica and other countries, discrimina19 tion against LGBTI people, including ‘‘corrective 

20 rape’’ of lesbian women, occurs all too frequently 

21 and with relative impunity. 

22 (7) In 2013, the Russian Duma passed a law 

23 banning so-called ‘‘homosexual propaganda’’, which 

24 effectively makes it a crime to publicly support 

25 LGBTI equality or even discuss homosexuality. This 


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1 pernicious law is the basis for similar so-called 

2 ‘‘antipropaganda’’ legislation in countries across 

3 Eastern Europe and Central Asia, including in 

4 Moldova, Kyrgyzstan, and Belarus. 

5 (8) In December 2013, the Government of Ni6 geria adopted a law that further criminalized same7 sex relations and support for LGBTI people, endan8 gering neighbors, friends, doctors, and landlords of 

9 LGBTI people. 

10 (9) Several countries in South Asia continue to 

11 have draconian laws that criminalize homosexual 

12 acts which place LGBTI people in danger and un13 dermines their ability to live free from persecution. 

14 (10) In April 2014, the Supreme Court of India 

15 recognized transgender people as a third gender, im16 proving the legal rights of transgender people in that 

17 country. Though an important step, the decision 

18 does not grant full legal rights to transgender peo19 ple. 

20 (11) In February 2014, the Government of 

21 Uganda adopted a law making ‘‘aggravated homo22 sexuality’’ a crime punishable with life imprisonment 

23 and concurrently, the Government of Uganda also 

24 passed laws severely limiting the basic freedoms of 

25 speech and assembly for LGBTI citizens. While the 


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1 Constitutional Court overturned the Anti-Homosex2 uality Act on a technicality in August 2014, LGBTI 

3 Ugandans continue to be subjected to discrimination 

4 and violence, and their government has in recent 

5 years forcibly shut down even private Pride celebra6 tions in Kampala. 

7 (12) On April 1, 2017, the Russian newspaper 

8 Novaya Gazeta reported that the government of the 

9 autonomous republic of Chechnya had been arrest10 ing, detaining, and torturing gay and bisexual men 

11 in secret prisons since early 2017. International 

12 human rights groups and Russian LGBTI rights ac13 tivists estimate that as many as 20 people may have 

14 been murdered thus far and potentially over 200 

15 people were detained during the purge. 

16 (13) On May 23, 2017, two gay men were pub17 licly caned in the Indonesian province of Aceh, while 

18 thousands of spectators snapped pictures outside a 

19 mosque as the brutal punishment was meted out. 

20 Several times in 2017, Indonesian police have ar21 rested men at private parties, sometimes releasing 

22 their photographs to the news media, endangering 

23 their lives. 

24 (14) In September 2017, reports emerged from 

25 Azerbaijan that authorities had begun a crackdown 


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1 on gay men and transgender women, arresting more 

2 than 60 and subjecting them to beatings, harass3 ment, torture, and blackmail. 

4 (15) In September 2017, Egyptian authorities 

5 arrested seven people for the ‘‘crime’’ of raising a 

6 rainbow flag at a concert in Cairo in September 

7 2017, leading to a wider crackdown on LGBTI 

8 Egyptians. 

9 (16) From September 2017 until the end of the 

10 year, over 70 LGBTI Egyptians were arrested, with 

11 dozens receiving prison sentences of up to 6 years. 

12 In late 2017, Egyptian authorities instructed local 

13 media to delete any positive references to LGBTI 

14 people, and lawmakers proposed a bill that would 

15 criminalize LGBTI people and their allies. 

16 (17) Anti-LGBTI laws not only endanger all 

17 LGBTI individuals, but also pose serious risks for 

18 those associated with or caring for LGBTI people. 

19 Studies have shown that when LGBTI people, espe20 cially LGBTI youth, face discrimination, they are 

21 less likely to seek HIV testing, prevention, and 

22 treatment services. 

23 (18) According to the Trans Murder Monitoring 

24 Project, which monitors homicides of transgender in25 dividuals, 2,343 transgender and gender-diverse peoVerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020

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1 ple were murdered between 2008 and 2016, in 69 

2 countries. Violence against transgender individuals is 

3 particularly alarming in Brazil, where 938 

4 transgender individuals were murdered during this 

5 time span. 

6 (19) According to the International Guidelines 

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

8 the United Nations High Commissioner for Human 

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

10 Independent Expert on protection against violence 

11 and discrimination based on sexual orientation and 

12 gender identity, countries should review and reform 

13 criminal laws and correctional systems to ensure 

14 that they are consistent with international human 

15 rights obligations and are not misused or targeted 

16 against vulnerable groups. 

17 (20) Removing institutionalized discrimination 

18 and targeted persecution against LGBTI people 

19 around the world is a critical step in the promotion 

20 of human rights and global health internationally. 

21 (21) Anti-LGBTI laws and discrimination pose 

22 significant risks for LGBTI youth who come out to 

23 their family or community and often face rejection, 

24 homelessness, and limited educational and economic 

25 opportunities. These factors contribute to increased 


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1 risks of substance abuse, suicide, and HIV infection 

2 among LGBTI youth. 

3 (22) On December 6, 2011, President Barack 

4 Obama released the Presidential Memorandum— 

5 International Initiatives to Advance the Human 

6 Rights of Lesbian, Gay, Bisexual, and Transgender 

7 Persons. The memorandum directed all Federal 

8 agencies engaged abroad to ensure that United 

9 States diplomacy and foreign assistance promote and 

10 protect the human rights of LGBTI persons. 

11 (23) On February 23, 2015, Secretary of State 

12 John Kerry appointed senior diplomat Randy Berry 

13 as the State Department’s first-ever Special Envoy 

14 for the Human Rights of LGBTI Persons. 

15 (24) On June 30, 2016, the United Nations 

16 Human Rights Council passed a resolution cospon17 sored by the United States that established an inde18 pendent expert on violence and discrimination based 

19 on sexual orientation and gender identity to help 

20 monitor and track discrimination and violence expe21 rienced by LGBTI persons around the world. 

22 (25) In November 2016, Tanzania placed a ban 

23 on all HIV and AIDS outreach projects aimed at 

24 gay men, including those funded by the President’s 

25 Emergency Plan for AIDS Relief. This forced the 


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1 closure of United States-funded programs providing 

2 testing, condoms, and care to gay men, exacerbating 

3 the health needs of gay men in Tanzania, about 30 

4 percent of whom are HIV positive. 

5 (26) In February 2017, three transgender 

6 women were murdered in El Salvador with impunity, 

7 leading the United Nations to call for an investiga8 tion into crimes against sexual and gender minorities 

9 in that country. A 2016 report noted that 

10 transgender women in El Salvador have an average 

11 life expectancy of less than 35 years due to violence, 

12 discrimination, and femicide. 

13 SEC. 4. STATEMENT OF POLICY. 

14 It is the policy of the United States— 

15 (1) to take effective action to prevent and re16 spond to discrimination and violence against all peo17 ple on any basis internationally, including sexual ori18 entation, gender identity, and sex characteristics, 

19 and that human rights policy includes attention to 

20 criminalization, hate crimes, and other discrimina21 tion against LGBTI people; 

22 (2) to systematically integrate and coordinate 

23 into United States foreign policy efforts to prevent 

24 and respond to criminalization, discrimination, and 

25 violence against LGBTI people internationally; 


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1 (3) to support and build local capacity in coun2 tries around the world, including of governments at 

3 all levels and nongovernmental organizations, to pre4 vent and respond to criminalization, discrimination, 

5 and violence against LGBTI people internationally; 

6 (4) to consult, cooperate, coordinate, and col7 laborate with a wide variety of nongovernmental 

8 partners, including faith-based organizations and 

9 LGBTI-led organizations, with demonstrated experi10 ence in preventing and responding to criminalization, 

11 discrimination, and violence against LGBTI people 

12 internationally; 

13 (5) to employ a multisectoral approach to pre14 venting and responding to criminalization, discrimi15 nation, and violence against LGBTI people inter16 nationally, including activities in the economic, edu17 cation, health, nutrition, legal, and judicial sectors; 

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

19 the family, community, local, national, and inter20 national levels, to prevent and respond to criminal21 ization, discrimination, and violence against LGBTI 

22 people internationally; 

23 (7) to enhance training by United States per24 sonnel of professional foreign military and police 

25 forces and judicial officials to include appropriate 


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1 and thorough LGBTI-specific instruction on pre2 venting and responding to criminalization, discrimi3 nation, and violence based on sexual orientation and 

4 gender identity; 

5 (8) to engage non-LGBTI people as allies and 

6 partners, as an essential element of making sus7 tained reductions in criminalization, discrimination, 

8 and violence against LGBTI people internationally; 

9 (9) to require that all Federal contractors and 

10 grant recipients in the United States Government’s 

11 international programs establish appropriate policies 

12 and take effective measures to ensure the protection 

13 and safety of their staff and workplace, including 

14 from discrimination and violence directed against 

15 LGBTI people and those who provide services to 

16 them; 

17 (10) to exert sustained international leadership, 

18 including in bilateral and multilateral fora, to pre19 vent and respond to criminalization, discrimination, 

20 and violence against LGBTI people internationally; 

21 (11) to fully implement and expand upon the 

22 policies outlined in the Presidential Memorandum— 

23 International Initiatives to Advance the Human 

24 Rights of Lesbian, Gay, Bisexual, and Transgender 

25 Persons; 


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1 (12) to ensure that international efforts to com2 bat HIV/AIDS take all appropriate measures to sup3 port at-risk communities, including LGBTI people, 

4 and to create enabling legal environments for these 

5 communities; 

6 (13) to work with governments and nongovern7 mental partners around the world to develop and im8 plement regional strategies to decriminalize homo9 sexuality and to counteract the prohibition of public 

10 support of LGBTI people; and 

11 (14) to ensure that those who have a well12 founded fear of persecution on account of being 

13 LGBTI or supporting LGBTI rights have the oppor14 tunity to seek protection in the United States. 

15 SEC. 5. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBTI 

16 PEOPLE. 

17 (a) ESTABLISHMENT.—The Secretary of State shall 

18 establish in the Bureau of Democracy, Human Rights, 

19 and Labor (DRL) of the Department of State a perma20 nent Special Envoy for the Human Rights of LGBTI Peo21 ples (in this section referred to as the ‘‘Special Envoy’’), 

22 who shall be appointed by the President. The Special 

23 Envoy shall report directly to the Assistant Secretary for 

24 DRL. 


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

2 subsection (c) and those duties determined by the Sec3 retary of State, the Special Envoy shall direct efforts of 

4 the United States Government relating to United States 

5 foreign policy, as directed by the Secretary, regarding 

6 human rights abuses against LGBTI people and commu7 nities internationally and the advancement of human 

8 rights for LGBTI people, and shall represent the United 

9 States internationally in bilateral and multilateral engage10 ment on such matters. 

11 (c) DUTIES.— 

12 (1) IN GENERAL.—The Special Envoy— 

13 (A) shall serve as the principal advisor to 

14 the Secretary of State regarding human rights 

15 for LGBTI people internationally; 

16 (B) shall, notwithstanding any other provi17 sion of law, direct activities, policies, programs, 

18 and funding relating to the human rights of 

19 LGBTI people and the advancement of LGBTI 

20 equality initiatives internationally, for all bu21 reaus and offices of the Department of State 

22 and shall lead the coordination of relevant 

23 international programs for all other Federal 

24 agencies relating to such matters; 


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1 (C) shall represent the United States in 

2 diplomatic matters relevant to the human rights 

3 of LGBTI people, including criminalization, dis4 crimination, and violence against LGBTI people 

5 internationally; 

6 (D) shall direct, as appropriate, United 

7 States Government resources to respond to 

8 needs for protection, integration, resettlement, 

9 and empowerment of LGBTI people in United 

10 States Government policies and international 

11 programs, including to prevent and respond to 

12 criminalization, discrimination, and violence 

13 against LGBTI people internationally; 

14 (E) shall design, support, and implement 

15 activities regarding support, education, resettle16 ment, and empowerment of LGBTI people 

17 internationally, including for the prevention and 

18 response to criminalization, discrimination, and 

19 violence against LGBTI people internationally; 

20 (F) shall lead interagency coordination be21 tween the foreign policy priorities related to the 

22 human rights of LGBTI people and the devel23 opment assistance priorities of the LGBTI Co24 ordinator of the United States Agency for 

25 International Development; 


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1 (G) shall conduct regular consultation with 

2 nongovernmental organizations working to pre3 vent and respond to criminalization, discrimina4 tion, and violence against LGBTI people inter5 nationally; 

6 (H) shall ensure that programs, projects, 

7 and activities of the Department of State and 

8 the United States Agency for International De9 velopment designed to prevent and respond to 

10 criminalization, discrimination, and violence 

11 against LGBTI people internationally are sub12 ject to rigorous monitoring and evaluation, and 

13 that there is a uniform set of indicators and 

14 standards for such monitoring and evaluation 

15 that is used across international programs in 

16 Federal agencies; and 

17 (I) is authorized to represent the United 

18 States in bilateral and multilateral fora on mat19 ters relevant to the human rights of LGBTI 

20 people internationally, including criminalization, 

21 discrimination, and violence against LGBTI 

22 people internationally. 

23 (2) DATA REPOSITORY.—The Bureau of De24 mocracy, Human Rights, and Labor shall— 


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1 (A) be the central repository of data on all 

2 United States programs, projects, and activities 

3 that relate to prevention and response to crim4 inalization, discrimination, and violence against 

5 LGBTI people internationally; and 

6 (B) produce— 

7 (i) a full accounting of United States 

8 Government spending on such programs, 

9 projects, and activities; and 

10 (ii) evaluations of the effectiveness of 

11 such programs, projects, and activities. 

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

13 180 days after the date of the enactment of this Act and 

14 annually thereafter, the Special Envoy shall— 

15 (1) brief the appropriate congressional commit16 tees on the status of the human rights of LGBTI 

17 people internationally, as well as on the status of 

18 programs and response strategies to address crim19 inalization, discrimination, and violence against 

20 LGBTI people internationally; and 

21 (2) submit to the appropriate congressional 

22 committees an assessment of human and financial 

23 resources necessary to fulfill the purposes and duties 

24 of this Act. 


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1 (e) UNITED STATES POLICY TO PREVENT AND RE2 SPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIO3 LENCE AGAINST LGBTI PEOPLE GLOBALLY.— 

4 (1) GLOBAL STRATEGY REQUIREMENT.—Not 

5 later than 180 days after the date of the enactment 

6 of this Act and annually thereafter for each of the 

7 following five years, the Special Envoy shall develop 

8 or update, as the case may be, a United States glob9 al strategy to prevent and respond to criminaliza10 tion, discrimination, and violence against LGBTI 

11 people internationally. The Special Envoy shall sub12 mit to the appropriate congressional committees 

13 such global strategy and, if practicable, made such 

14 global strategy available to the public. 

15 (2) COLLABORATION AND COORDINATION.—In 

16 developing the global strategy described in para17 graph (1), the Special Envoy shall consult with— 

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

19 Federal agencies; and 

20 (B) representatives of nongovernmental or21 ganizations with demonstrated experience in ad22 dressing criminalization, discrimination, and vi23 olence against LGBTI people internationally or 

24 promoting equal rights for LGBTI people inter25 nationally. 


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1 (f) MONITORING THE UNITED STATES STRATEGY TO

2 PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMI3 NATION, AND VIOLENCE AGAINST THE LGBTI PEOPLE

4 AND COMMUNITIES INTERNATIONALLY.— 

5 (1) IN GENERAL.—In each global strategy sub6 mitted under subsection (e), the Special Envoy shall 

7 include an analysis of best practices for preventing 

8 and addressing criminalization, discrimination, and 

9 violence against LGBTI people and communities 

10 internationally, including— 

11 (A) a description of successful efforts by 

12 foreign governments and nongovernmental or13 ganizations to prevent and respond to criminal14 ization, discrimination, and violence against 

15 LGBTI people and communities internationally; 

16 (B) recommendations related to best prac17 tices, effective strategies, and improvements to 

18 enhance the impact of such prevention and re19 sponse efforts; and 

20 (C) the impact of activities funded by such 

21 global strategy in preventing and reducing 

22 criminalization, discrimination, and violence 

23 against LGBTI people and communities inter24 nationally. 


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1 (2) INFORMATION REQUIRED TO BE INCLUDED

2 IN ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

3 PRACTICES.— 

4 (A) SECTION 116.—Subsection (d) of sec5 tion 116 of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2151n) is amended— 

7 (i) in paragraph (11)(C), by striking 

8 ‘‘and’’ after the semicolon at the end; 

9 (ii) in paragraph (12)(C)(ii), by strik10 ing the period at the end and inserting ‘‘; 

11 and’’; and 

12 (iii) by adding at the end the fol13 lowing new paragraph: 

14 ‘‘(13) wherever applicable, the nature and ex15 tent of criminalization, discrimination, and violence 

16 based on sexual orientation and gender identity, in17 cluding an identification of those countries that have 

18 adopted laws or constitutional provisions that crim19 inalize or discriminate based on sexual orientation or 

20 gender identity (as such terms are defined in section 

21 2 of the International Human Rights Defense Act of 

22 2018), including detailed descriptions of such laws 

23 and provisions.’’. 


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1 (B) SECTION 502B.—Section 502B of the 

2 Foreign Assistance Act of 1961 (22 U.S.C. 

3 2304) is amended— 

4 (i) by redesignating the second sub5 section (i) (relating to child marriage sta6 tus) as subsection (j); and 

7 (ii) by adding at the end the following 

8 new subsection: 

9 ‘‘(k) SEXUAL ORIENTATION AND GENDER IDEN10 TITY.—The report required under subsection (b) shall in11 clude, wherever applicable, the nature and extent of crim12 inalization, discrimination, and violence based on sexual 

13 orientation and gender identity, including an identification 

14 of those countries that have adopted laws or constitutional 

15 provisions that criminalize or discriminate based on sexual 

16 orientation or gender identity (as such terms are defined 

17 in section 2 of the International Human Rights Defense 

18 Act of 2018), including detailed descriptions of such laws 

19 and provisions.’’. 


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1 SEC. 6. IMPLEMENTATION OF THE UNITED STATES STRAT2 EGY TO PREVENT AND RESPOND TO CRIM3 INALIZATION, DISCRIMINATION, AND VIO4 LENCE AGAINST LGBTI PEOPLE AND COMMU5 NITIES INTERNATIONALLY. 

6 The Secretary of State and the Administrator of the 

7 United States Agency for International Development are 

8 authorized to provide assistance to prevent and respond 

9 to criminalization, discrimination, and violence against 

10 LGBTI people internationally. Such assistance may in11 clude the following activities: 

12 (1) Development and implementation of pro13 grams, such as the Global Equality Fund of the De14 partment of State, that respond to human rights 

15 abuses and economic exclusion of LGBTI people in 

16 the workplace and in public. 

17 (2) Development and enforcement of civil and 

18 criminal legal and judicial sanctions, protection, 

19 training, and capacity. 

20 (3) Enhancement of health sector capacity to 

21 detect, prevent, and respond to violence against 

22 LGBTI people and communities internationally, and 

23 to combat HIV/AIDS in the LGBTI community 

24 internationally, in close coordination with the Office 

25 of the Global AIDS Coordinator and Health Diplo26 macy of the Department of State. 


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1 (4) Development of a leadership program for 

2 international LGBTI activists that will foster col3 laboration and knowledge sharing across the world. 

Æ 


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