(c) CONSULTATION.—In coordinating programs, 
projects, and activities through the Global Equality Fund 
or the Global Development Partnership, the Secretary of 
State shall consult, as appropriate, with the Administrator 
of the United States Agency for International Develop-
ment and the heads of other relevant Federal departments 
and agencies. 
(d) REPORT.—The Secretary of State shall submit to 
the appropriate congressional committees an annual re-
port on the work of, successes obtained, and challenges 
faced by the Global Equality Fund and the LGBTI Global 
Development Partnership established in accordance with 
this section. 
(e) LIMITATION
ON
ASSISTANCE
RELATING
TO 
EQUAL ACCESS.— 
(1) IN GENERAL.—None of the amounts au-
thorized to be appropriated or otherwise made avail-
able to provide United States assistance for any hu-
manitarian, development, or global health programs 
may be made available to any contractor, grantee, or 
implementing partner, unless such recipient— 
(A) ensures that the program, project, or 
activity funded by such amounts are made 
available to all elements of the population, ex-
cept to the extent that such program, project, 
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or activity targets a population because of the 
higher assessed risk of negative outcomes 
among such populations; 
(B) undertakes to make every reasonable 
effort to ensure that each subcontractor or sub-
grantee of such recipient will also adhere to the 
requirement described in subparagraph (A); and 
(C) agrees to return all amounts awarded 
or otherwise provided by the United States, in-
cluding such additional penalties as the Sec-
retary of State may determine to be appro-
priate, if the recipient is not able to adhere to 
the requirement described in subparagraph (A). 
(2) QUARTERLY
REPORT.—The Secretary of 
State shall provide to the appropriate congressional 
committees a quarterly report on the methods by 
which the Department monitors compliance with the 
requirement in paragraph (1)(A). 
SEC. 7. GLOBAL HEALTH INCLUSIVITY. 
(a) IN GENERAL.—The Coordinator of United States 
Government Activities to Combat HIV/AIDS Globally 
shall develop mechanisms to ensure that the President’s 
Emergency Plan for AIDS Relief (PEPFAR) is imple-
mented in a way that equitably serves LGBTI people in 
accordance with the goals described in section 6(e), includ-
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ing by requiring all partner entities receiving assistance 
through PEPFAR to receive training on the health needs 
of and human rights standards relating to LGBTI people, 
and shall promptly notify Congress of any obstacles en-
countered by a foreign government or contractor, grantee, 
or implementing partner in the effort to equitably imple-
ment PEPFAR as described in such subsection, including 
any remedial steps taken by the Coordinator to overcome 
such obstacles. 
(b) REPORT ON INTERNATIONAL PROSECUTIONS FOR 
SEX WORK OR CONSENSUAL SEXUAL ACTIVITY.—Not 
later than 180 days after the date of the enactment of 
this Act, the Coordinator shall submit to the appropriate 
congressional committees a report describing the manner 
in which commodities such as condoms provided by pro-
grams, projects, or activities funded through PEPFAR or 
other sources of United States assistance have been used 
as evidence to arrest, detain, or prosecute individuals in 
other countries in order to enforce domestic laws criminal-
izing sex work or consensual sexual activity. 
(c) REPORT ON HIV/AIDS-RELATED INDEX TEST-
ING.—Not later than 180 days after the date of the enact-
ment of this Act, the Coordinator shall submit to the ap-
propriate congressional committees a report describing the 
impact of partner notification services and index testing 
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on treatment adherence, intimate partner violence, and ex-
posure to the criminal justice system for key populations, 
including LGBTI people and sex workers, using quali-
tative and quantitative data. 
(d) REMOVING LIMITATIONS ON ELIGIBILITY FOR 
FOREIGN ASSISTANCE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, regulation, or policy, in determining 
eligibility for assistance authorized under part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
et seq.), a foreign nongovernmental organization— 
(A) shall not be ineligible for such assist-
ance solely on the basis of health or medical 
services, including counseling and referral serv-
ices, provided by such organizations solely using 
funds not provided by the United States Gov-
ernment, if such services do not violate the laws 
of the country in which they are being provided 
and would not violate Federal law if provided in 
the United States; and 
(B) shall not be subject to requirements 
relating to advocacy and lobbying activities with 
respect to funds not provided by the United 
States Government, other than requirements re-
lating to such activities that also apply to 
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United States nongovernmental organizations 
receiving assistance authorized under such part 
I. 
(2) CONFORMING AMENDMENTS TO PEPFAR AU-
THORIZATION.—Section 301 of the United States 
Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (22 U.S.C. 7631) is amended— 
(A) by striking subsections (d) through (f); 
and 
(B) by redesignating subsection (g) as sub-
section (d). 
(3) CONFORMING AMENDMENTS TO THE ALLO-
CATION OF FUNDS BY THE GLOBAL AIDS COORDI-
NATOR.—Section 403(a) of the United States Lead-
ership Against HIV/AIDS, Tuberculosis, and Ma-
laria Act of 2003 (22 U.S.C. 7673(a)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘shall—’’ and all that 
follows through ‘‘(A) provide’’ and insert-
ing ‘‘shall provide’’; 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(iii) by striking subparagraph (B); 
and 
(B) in paragraph (2)— 
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(i) by striking ‘‘PREVENTION STRAT-
EGY.—’’ and all that follows through ‘‘In 
carrying out paragraph (1)’’ and inserting 
‘‘PREVENTION
STRATEGY.—In 
carrying 
out paragraph (1)’’; and 
(ii) by striking subparagraph (B). 
(4) CONFORMING AMENDMENTS TO TVPRA AU-
THORIZATION.—Section 113 of the Trafficking Vic-
tims Protection Act of 2000 (22 U.S.C. 7110) is 
amended— 
(A) by striking subsection (g); and 
(B) by redesignating subsections (h) and 
(i) as subsections (g) and (h), respectively. 
SEC. 8. IMMIGRATION REFORM. 
(a) REFUGEES AND ASYLUM SEEKERS.— 
(1) 
LGBTI 
SOCIAL
GROUP.—Section 
101(a)(42) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(42)) is amended by inserting 
after the period at the end the following: ‘‘For pur-
poses of determinations under this Act, a person 
who has been persecuted on the basis of sexual ori-
entation or gender identity, shall be deemed to have 
been persecuted on account of membership in a par-
ticular social group, and a person who has a well 
founded fear of persecution on the basis of sexual 
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orientation or gender identity shall be deemed to 
have a well founded fear of persecution on account 
of membership in a particular social group.’’. 
(2) REPORT.—Section 103(e) of the Immigra-
tion and Nationality Act (8 U.S.C. 1103(e)) is 
amended by adding at the end the following: 
‘‘(3) Each annual report shall include information on 
the total number of applications for asylum and refugee 
status received that are, in whole or in part, based on per-
secution or a well founded fear of persecution on account 
of sexual orientation or gender identity, and the rate of 
approval administratively of such applications.’’. 
(3) ASYLUM FILING DEADLINE REPEAL.— 
(A) IN GENERAL.—Section 208(a)(2)(B) of 
the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)(B)) is repealed. 
(B) CONFORMING AMENDMENTS.—Section 
208(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)(2)) is amended— 
(i) in subparagraph (D)— 
(I) by striking ‘‘notwithstanding 
subparagraphs (B) and (C)’’ and in-
serting 
‘‘notwithstanding 
subpara-
graph (C)’’; 
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(II) by striking ‘‘either’’ after 
‘‘Attorney General’’; and 
(III) by striking ‘‘or extraor-
dinary circumstances relating to the 
delay in filing an application within 
the period specified in subparagraph 
(B)’’; and 
(ii) in subparagraph (E), by striking 
‘‘Subparagraphs (A) and (B)’’ and insert-
ing ‘‘Subparagraph (A)’’. 
(C) 
APPLICATION.—The 
amendments 
made by this paragraph shall apply to applica-
tions for asylum filed before, on, or after the 
date of the enactment of this Act. 
(b) PERMANENT PARTNERS.—Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is 
amended— 
(1) in paragraph (35), by inserting ‘‘includes 
any permanent partner, but’’ before ‘‘does not in-
clude’’; and 
(2) by adding at the end the following: 
‘‘(53) The term ‘marriage’ includes a permanent 
partnership. 
‘‘(54) The term ‘permanent partner’ means an indi-
vidual 18 years of age or older who— 
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‘‘(A) is in a committed, intimate relationship 
with another individual 18 years of age or older, in 
which both parties intend a lifelong commitment; 
‘‘(B) is financially interdependent with the 
other individual; 
‘‘(C) is not married to anyone other than the 
other individual; 
‘‘(D) is a national of or, in the case of a person 
having no nationality, last habitually resided in a 
country that prohibits marriage between the individ-
uals; and 
‘‘(E) is not a first-, second-, or third-degree 
blood relation of the other individual. 
‘‘(55) The term ‘permanent partnership’ means the 
relationship that exists between two permanent partners.’’. 
(c) COUNSEL.— 
(1) 
APPOINTMENT
OF
COUNSEL.—Section 
240(b)(4) of the Immigration and Nationality Act (8 
U.S.C. 1229a(b)(4)) is amended— 
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘, and’’; and 
(C) by adding at the end the following: 
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‘‘(D) notwithstanding subparagraph (A), in 
a case in which an indigent alien requests rep-
resentation, such representation shall be ap-
pointed by the court, at the expense of the Gov-
ernment, for such proceedings.’’. 
(2) RIGHT TO COUNSEL.—Section 292 of the 
Immigration and Nationality Act (8 U.S.C. 1362) is 
amended— 
(A) by inserting ‘‘(a)’’ before ‘‘In any’’; 
(B) by striking ‘‘he’’ and inserting ‘‘the 
person’’; and 
(C) by adding at the end the following: 
‘‘(b) Notwithstanding subsection (a), in a case in 
which an indigent alien requests representation, such rep-
resentation shall be appointed by the court, at the expense 
of the Government, for the proceedings described in sub-
section (a). 
‘‘(c) In an interview relating to admission under sec-
tion 207, an alien shall have the privilege of being rep-
resented, at no expense to the Government, by such coun-
sel, authorized to practice in such proceedings, as the alien 
shall choose.’’. 
(d) REFUGEE ADMISSIONS OF LGBTI ALIENS FROM 
CERTAIN COUNTRIES.— 
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(1) IN GENERAL.—In the case of aliens who are 
nationals of or, in the case of aliens having no na-
tionality, last habitually resided in a country that 
fails to protect against persecution on the basis of 
sexual orientation or gender identity and who share 
common characteristics that identify them as targets 
of persecution on account of sexual orientation or 
gender identity, such aliens are eligible for Priority 
2 processing under the refugee resettlement priority 
system. 
(2) RESETTLEMENT PROCESSING.— 
(A) IN GENERAL.—In a case in which a 
refugee admitted under section 207 of the Im-
migration and Nationality Act discloses to an 
employee or contractor of the Bureau of Popu-
lation, Refugees, and Migration information 
with respect to the refugee’s sexual orientation 
or gender identity, the Secretary of State shall, 
with the refugee’s consent, provide such infor-
mation to the appropriate national resettlement 
agency to prevent the refugee from being placed 
in a community in which the refugee is likely to 
face continued discrimination and to place the 
refugee in a community that offers services to 
meet the needs of the refugee. 
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(B) NATIONAL RESETTLEMENT AGENCIES 
DEFINED.—The term ‘‘national resettlement 
agency’’ means an agency contracting with the 
Department of State to provide sponsorship and 
initial resettlement services to refugees entering 
the United States. 
(e) TRAINING PROGRAM.— 
(1) TRAINING PROGRAM.—In order to create an 
environment in which an alien may safely disclose 
such alien’s sexual orientation or gender identity, 
the Secretary of Homeland Security shall establish, 
in consultation with the Secretary of State, a train-
ing program for staff and translators who partici-
pate in the interview process of aliens seeking asy-
lum or status as a refugee. 
(2) COMPONENTS
OF
TRAINING
PROGRAM.— 
The training program described in paragraph (1) 
shall include instruction on— 
(A) appropriate word choice and word 
usage; 
(B) creating safe spaces and facilities for 
LGBTI aliens; 
(C) confidentiality requirements; and 
(D) nondiscrimination policies. 
(f) LIMITATION ON DETENTION.— 
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(1) PRESUMPTION OF RELEASE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law and except as provided in 
subparagraphs (B) and (C), the Secretary of 
Homeland Security— 
(i) may not detain an alien who is a 
member of a vulnerable group under any 
provision of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.) pending 
a decision with respect to whether the alien 
is to be removed from the United States; 
and 
(ii) shall immediately release any de-
tained alien who is a member of a vulner-
able group. 
(B) 
EXCEPTIONS.—The 
Secretary 
of 
Homeland Security may detain, pursuant to the 
Immigration and Nationality Act (8 U.S.C. 
1101 et seq.), an alien who is a member of a 
vulnerable group if the Secretary makes a de-
termination, using credible and individualized 
information, that the use of alternatives to de-
tention will not reasonably assure the appear-
ance of the alien at removal proceedings, or 
that the alien is a threat to another person or 
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the community. The fact that an alien has a 
criminal charge pending against the alien may 
not be the sole factor to justify the detention of 
the alien. 
(C) REMOVAL.—In a case in which deten-
tion is the least restrictive means of effec-
tuating the removal from the United States of 
an alien who is a member of a vulnerable group, 
the subject of a final order of deportation or re-
moval, and not detained under subparagraph 
(B), the Secretary of Homeland Security may, 
solely for the purpose of such removal, detain 
the alien for a period that is— 
(i) the shortest possible period imme-
diately preceding the removal of the alien 
from the United States; and 
(ii) not more than 5 days. 
(2) WEEKLY REVIEW REQUIRED.— 
(A) IN
GENERAL.—With respect to an 
alien detained under subparagraph (B) of para-
graph (1), not less frequently than once each 
week, the Secretary of Homeland Security shall 
conduct an individualized review to determine 
whether the alien should continue to be de-
tained under such subparagraph. 
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(B) RELEASE.—In the case of a deter-
mination under subparagraph (A) that an alien 
should not be detained under paragraph (1)(B), 
not later than 24 hours after the date on which 
the Secretary makes the determination, the Sec-
retary shall release the detainee. 
(g) PROTECTIVE CUSTODY FOR LGBTI ALIEN DE-
TAINEES.— 
(1) DETAINEES.—An LGBTI alien who is de-
tained under subparagraph (B) or (C) of subsection 
(f)(1) may not be placed in housing that is seg-
regated from the general population unless— 
(A) the alien requests placement in such 
housing for the protection of the alien; or 
(B) the Secretary of Homeland Security 
determines, after assessing all available alter-
natives, that there is no available alternative 
means of separation from likely abusers. 
(2) PLACEMENT FACTORS.—In a case in which 
an LGBTI alien is placed in segregated housing pur-
suant to paragraph (1), the Secretary of Homeland 
Security shall ensure that such housing— 
(A) includes non-LGBTI aliens, to the ex-
tent practicable; and 
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(B) complies with any applicable court 
order for the protection of LGBTI aliens. 
(3) PROTECTIVE
CUSTODY
REQUESTS.—In a 
case in which an LGBTI alien who is detained re-
quests placement in segregated housing for the pro-
tection of such alien, the Secretary of Homeland Se-
curity shall grant such request. 
(h) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Homeland Security should hire 
a sufficient number of Refugee Corps officers for refugee 
interviews to be held within a reasonable period of time 
and adjudicated not later than 180 days after a request 
for Priority 2 consideration is filed. 
SEC. 9. ENGAGING INTERNATIONAL ORGANIZATIONS IN 
THE FIGHT AGAINST LGBTI DISCRIMINATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States should be a leader in ef-
forts by the United Nations to ensure that human 
rights norms, development principles, and political 
rights are fully inclusive of LGBTI people; 
(2) United States leadership within inter-
national financial institutions, such as the World 
Bank and the regional development banks, should be 
used to ensure that the programs, projects, and ac-
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