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. 
(B) NATIONAL RESETTLEMENT AGENCIES 
DEFINED.—The term ‘‘national resettlement 
agency’’ means an agency contracting with the 
Department of State to provide sponsorship and 
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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 
LGBTQI aliens; 
(C) confidentiality requirements; and 
(D) nondiscrimination policies. 
(f) LIMITATION ON DETENTION.— 
(1) PRESUMPTION OF RELEASE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law and except as provided in 
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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 
the community. The fact that an alien has a 
criminal charge pending against the alien may 
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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. 
(B) RELEASE.—In the case of a deter-
mination under subparagraph (A) that an alien 
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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 LGBTQI ALIEN DE-
TAINEES.— 
(1) DETAINEES.—An LGBTQI 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 LGBTQI alien is placed in segregated housing 
pursuant to paragraph (1), the Secretary of Home-
land Security shall ensure that such housing— 
(A) includes non-LGBTQI aliens, to the 
extent practicable; and 
(B) complies with any applicable court 
order for the protection of LGBTQI aliens. 
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(3) PROTECTIVE
CUSTODY
REQUESTS.—In a 
case in which an LGBTQI 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. ISSUANCE OF PASSPORTS AND GUARANTEE OF 
CITIZENSHIP TO CERTAIN CHILDREN BORN 
ABROAD. 
(a) SEX IDENTIFICATION MARKERS.—For the pur-
poses of any identity document issued by the Department 
that displays sex information, including passports and 
consular reports of birth abroad, the Secretary shall en-
sure (through appropriate regulation, manual, policy, 
form, or other updates) that an applicant for such a docu-
ment may self-select the sex designation, including a non-
binary or neutral designation (such as ‘‘X’’). 
(b) GUARANTEE
OF CITIZENSHIP
TO CHILDREN 
BORN ABROAD USING ASSISTIVE REPRODUCTION TECH-
NOLOGY.—Not later than 90 days after the date of the 
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enactment of this Act, the Secretary of State shall issue 
regulations, in accordance with the press statement re-
leased on May 18, 2021, with respect to ‘‘U.S. Citizenship 
Transmission and Assisted Reproductive Technology’’, 
clarifying that no biological connection between a parent 
and a child is required for a child to acquire citizenship 
at birth from a United States citizen parent under sections 
301(c), (d), (e), and (g) of the Immigration and Nation-
ality Act (8 U.S.C. 1401(c), (d), (e), and (g)), provided 
that either the local law at the place of birth or United 
States law recognize such a person to be the legal parent 
of the child from birth. 
SEC. 10. ENGAGING INTERNATIONAL ORGANIZATIONS IN 
THE FIGHT AGAINST LGBTQI DISCRIMINA-
TION. 
(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 LGBTQI 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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tivities undertaken by such institutions are fully in-
clusive of all people, including LGBTQI people; and 
(3) the Secretary of State should seek appro-
priate opportunities to encourage the equal treat-
ment of LGBTQI people during discussions with or 
participation in the full range of regional, multilat-
eral, and international fora, such as the Organiza-
tion of American States, the Organization for Secu-
rity and Cooperation in Europe, the European 
Union, the African Union, and the Association of 
South East Asian Nations. 
(b) ACTION THROUGH THE EQUAL RIGHTS COALI-
TION.—The Secretary of State shall promote diplomatic 
coordination through the Equal Rights Coalition, estab-
lished in July 2016 at the Global LGBTQI Human Rights 
Conference in Montevideo, Uruguay, and other multilat-
eral mechanisms, to achieve the goals and outcomes de-
scribed in subsection (a). 
SEC. 11. REPRESENTING THE RIGHTS OF UNITED STATES 
LGBTQI 
CITIZENS 
DEPLOYED 
TO 
DIPLO-
MATIC AND CONSULAR POSTS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that, recognizing the importance of a diverse work-
force in the representation of the United States abroad, 
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and in support of sound personnel staffing policies, the 
Secretary of State should— 
(1) prioritize efforts to ensure that foreign gov-
ernments do not impede the assignment of United 
States LGBTQI citizens and their families to diplo-
matic and consular posts; 
(2) open conversations with entities in the 
United States private sector that engage in business 
in other countries to the extent necessary to address 
any visa issues faced by such private sector entities 
with respect to their LGBTQI employees; and 
(3) prioritize efforts to improve post and post 
school information for LGBTQI employees and em-
ployees with LGBTQI family members. 
(b) REMEDIES FOR FAMILY VISA DENIAL.— 
(1) IN GENERAL.—The Secretary of State shall 
use all appropriate diplomatic efforts to ensure that 
the families of LGBTQI employees of the Depart-
ment are issued visas from countries where such em-
ployees are posted. 
(2) LIST REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of State shall submit to Congress— 
(A) a classified list of each country that 
has refused to grant accreditation to LGBTQI 
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employees of the Department or their family 
members in the prior two years; and 
(B) the actions taken or intended to be 
taken by the Secretary, in accordance with 
paragraph (1), to ensure that LGBTQI employ-
ees are appointed to appropriate positions in ac-
cordance with diplomatic needs and personnel 
qualifications, including actions specifically re-
lating to securing the accreditation of the fami-
lies of such employees by relevant countries. 
(c) IMPROVING POST INFORMATION AND OVERSEAS 
ENVIRONMENT FOR LGBTQI ADULTS AND CHILDREN.— 
(1) IN GENERAL.—The Secretary of State shall 
ensure that LGBTQI employees and employees with 
LGBTQI family members have adequate information 
to pursue overseas postings, including country envi-
ronment information for adults and children. 
(2) 
NON-DISCRIMINATION
POLICIES
FOR 
UNITED
STATES
GOVERNMENT-SUPPORTED 
SCHOOLS.—The Secretary shall make every effort to 
ensure schools abroad that receive assistance and 
support from the United States Government under 
programs administered by the Office of Overseas 
Schools of the Department of State have active and 
clear nondiscrimination policies, including policies 
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relating to sexual orientation and gender identity im-
pacting LGBTQI children of all ages. 
(3) REQUIRED
INFORMATION
FOR
LGBTQI 
CHILDREN.—The Secretary shall ensure that infor-
mation focused on LGBTQI children of all ages (in-
cluding transgender and gender nonconforming stu-
dents) is included in post reports, bidding materials, 
and Office of Overseas Schools reports, databases, 
and adequacy lists. 
SEC. 12. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on the Judiciary, and the Com-
mittee on Appropriations of the House of Rep-
resentatives; and 
(B) the Committee on Foreign Relations, 
the Committee on the Judiciary, and the Com-
mittee on Appropriations of the Senate. 
(2) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means the gender-related identity, appear-
ance, mannerisms, or other gender-related character-
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istics of an individual, regardless of the individual’s 
designated sex at birth. 
(3) LGBTQI.—The term ‘‘LGBTQI’’ means 
lesbian, gay, bisexual, transgender, queer, or 
intersex. 
(4) MEMBER OF A VULNERABLE GROUP.—The 
term ‘‘member of a vulnerable group’’ means, with 
respect to an alien, that such alien— 
(A) is under 21 years of age or over 60 
years of age; 
(B) is pregnant; 
(C) identifies as lesbian, gay, bisexual, 
transgender, or intersex; 
(D) is victim or witness of a crime; 
(E) has filed a nonfrivolous civil rights 
claim in Federal or State court; 
(F) has a serious mental or physical illness 
or disability; 
(G) has been determined by an asylum of-
ficer in an interview conducted under section 
235(b)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(B)) to have a 
credible fear of persecution; or 
(H) has been determined by an immigra-
tion judge or the Secretary of Homeland Secu-
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rity to be experiencing severe trauma or to be 
a survivor of torture or gender-based violence, 
based on information obtained during intake, 
from the alien’s attorney or legal service pro-
vider, or through credible self-reporting. 
(5) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means actual or perceived homosex-
uality, heterosexuality, or bisexuality. 
Æ 
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