General, and the head of each other Federal depart-
ment or agency the President determines is relevant 
to the duties of the interagency group. 
(2) DUTIES.—The duties of the interagency 
group shall be to— 
(A) coordinate the responses of each par-
ticipating agency with respect to threats di-
rected towards LGBTQI populations in other 
countries; 
(B) develop longer-term approaches to pol-
icy developments and incidents negatively im-
pacting the LGBTQI populations in specific 
countries; 
(C) advise the President on the designation 
of foreign persons for sanctions pursuant to 
section 4; 
(D) identify United States laws and poli-
cies, at the Federal, State, and local levels, that 
affirm the equality of LGBTQI persons; and 
(E) use such identified laws and policies to 
develop diplomatic strategies to share the exper-
tise obtained from the implementation of such 
laws and policies with appropriate officials of 
countries where LGBTQI persons do not enjoy 
equal protection under the law. 
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(d) SPECIAL ENVOY FOR THE HUMAN RIGHTS OF 
LGBTQI PEOPLES.— 
(1) ESTABLISHMENT.—The Secretary of State 
shall establish in the Bureau of Democracy, Human 
Rights, and Labor of the Department of State a per-
manent Special Envoy for the Human Rights of 
LGBTQI Peoples (in this section referred to as the 
‘‘Special Envoy’’), who— 
(A) shall be appointed by the President; 
and 
(B) shall report directly to the Assistant 
Secretary for Democracy, Human Rights, and 
Lab. 
(2) RANK.—The President may appoint the 
Special Envoy at the rank of Ambassador, by and 
with the advice and consent of the Senate. 
(3) PURPOSE.—The Special Envoy shall direct 
efforts of the United States Government relating to 
United States foreign policy, as directed by the Sec-
retary, regarding human rights abuses against 
LGBTQI people and communities internationally 
and the advancement of human rights for LGBTQI 
people, and shall represent the United States inter-
nationally in bilateral and multilateral engagement 
on such matters. 
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(3) DUTIES.—The Special Envoy shall— 
(A) serve as the principal advisor to the 
Secretary of State regarding human rights for 
LGBTQI people internationally; 
(B) notwithstanding any other provision of 
law, direct activities, policies, programs, and 
funding relating to the human rights of 
LGBTQI people and the advancement of 
LGBTQI equality initiatives internationally, for 
all bureaus and offices of the Department of 
State and shall lead the coordination of relevant 
international programs for all other Federal 
agencies relating to such matters; 
(C) represent the United States in diplo-
matic matters relevant to the human rights of 
LGBTQI people, including criminalization, dis-
crimination, and violence against LGBTQI peo-
ple internationally; 
(D) direct, as appropriate, United States 
Government resources to respond to needs for 
protection, integration, resettlement, and em-
powerment of LGBTQI people in United States 
Government policies and international pro-
grams, including to prevent and respond to 
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criminalization, discrimination, and violence 
against LGBTQI people internationally; 
(E) design, support, and implement activi-
ties regarding support, education, resettlement, 
and empowerment of LGBTQI people inter-
nationally, including for the prevention and re-
sponse to criminalization, discrimination, and 
violence against LGBTQI people internation-
ally; 
(F) lead interagency coordination between 
the foreign policy priorities related to the 
human rights of LGBTQI people and the devel-
opment assistance priorities of the LGBTQI 
Coordinator of the United States Agency for 
International Development; 
(G) conduct regular consultation with non-
governmental organizations working to prevent 
and respond to criminalization, discrimination, 
and violence against LGBTQI people inter-
nationally; and 
(H) represent the United States in bilat-
eral and multilateral fora on matters relevant to 
the human rights of LGBTQI people inter-
nationally, including criminalization, discrimina-
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tion, and violence against LGBTQI people 
internationally. 
(e) TRAINING AT INTERNATIONAL LAW ENFORCE-
MENT ACADEMIES.—The President shall ensure that any 
international law enforcement academy supported by 
United States assistance shall provide training with re-
spect to the rights of LGBTQI people, including through 
specialized courses highlighting best practices in the docu-
mentation, investigation, and prosecution of bias-moti-
vated hate crimes targeting persons based on actual or 
perceived sexual orientation, gender identity, or sex char-
acteristics. 
(f) SENIOR LGBTQI COORDINATOR.—The Adminis-
trator of the United States Agency for International De-
velopment shall establish a permanent Senior LGBTQI 
Coordinator who shall be appointed by the Administrator 
and will coordinate across the agency with respect to 
LGBTQI inclusive development programming. 
SEC. 4. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 
VIOLATIONS OF HUMAN RIGHTS AGAINST 
LGBTQI PEOPLE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act and biannually thereafter, 
the President shall transmit to the appropriate congres-
sional committees a list of each foreign person the Presi-
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dent determines, based on credible information, including 
information obtained by other countries or by nongovern-
mental organizations that monitor violations of human 
rights— 
(1) is responsible for or complicit in, with re-
spect to persons based on actual or perceived sexual 
orientation, gender identity, or sex characteristics— 
(A) torture or cruel, inhuman, or degrad-
ing treatment or punishment; 
(B) prolonged detention without charges 
and trial; 
(C) causing the disappearance of such per-
sons by the abduction and clandestine detention 
of such persons; or 
(D) other flagrant denial of the right to 
life, liberty, or the security of such persons; or 
(2) acted as an agent of or on behalf of a for-
eign person in a matter relating to an activity de-
scribed in paragraph (1). 
(b) FORM; UPDATES; REMOVAL.— 
(1) FORM.—The list required by subsection (a) 
shall be transmitted in unclassified form and pub-
lished in the Federal Register without regard to the 
requirements of section 222(f) of the Immigration 
and Nationality Act (8 U.S.C. 1202(f)) with respect 
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to confidentiality of records pertaining to the 
issuance or refusal of visas or permits to enter the 
United States, except that the President may include 
a foreign person in a classified, unpublished annex 
to such list if the President— 
(A) determines that— 
(i) it is vital for the national security 
interests of the United States to do so; and 
(ii) the use of such annex, and the in-
clusion of such person in such annex, 
would not undermine the overall purpose of 
this section to publicly identify foreign per-
sons engaging in the conduct described in 
subsection (a) in order to increase account-
ability for such conduct; and 
(B) not later than 15 days before including 
such person in a classified annex, provides to 
the appropriate congressional committees notice 
of, and a justification for, including or con-
tinuing to include each foreign person in such 
annex despite the existence of any publicly 
available credible information indicating that 
each such foreign person engaged in an activity 
described in subsection (a). 
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(2) UPDATES.—The President shall transmit to 
the appropriate congressional committees an update 
of the list required by subsection (a) as new infor-
mation becomes available. 
(3) REMOVAL.—A foreign person may be re-
moved from the list required by subsection (a) if the 
President determines and reports to the appropriate 
congressional committees not later than 15 days be-
fore the removal of such person from such list 
that— 
(A) credible information exists that such 
person did not engage in the activity for which 
the person was included in such list; 
(B) such person has been prosecuted ap-
propriately for the activity in which such person 
engaged; 
(C) such person has credibly demonstrated 
a significant change in behavior, has paid an 
appropriate consequence for the activities in 
which such person engaged, and has credibly 
committed to not engage in an activity de-
scribed in subsection (a); or 
(D) removal of such sanctions is in the 
vital national security interests of the United 
States. 
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(c) PUBLIC SUBMISSION
OF INFORMATION.—The 
President shall issue public guidance, including through 
United States diplomatic and consular posts, setting forth 
the manner by which the names of foreign persons that 
may meet the criteria to be included on the list required 
by subsection (a) may be submitted to the Department 
of State for evaluation. 
(d) REQUESTS FROM CHAIR AND RANKING MEMBER 
OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 
(1) CONSIDERATION OF INFORMATION.—In ad-
dition to the guidance issued pursuant to subsection 
(c), the President shall also consider information 
provided by the Chair or Ranking Member of each 
of the appropriate congressional committees in de-
termining whether to include a foreign person in the 
list required by subsection (a). 
(2) REQUESTS.—Not later than 120 days after 
receiving a written request from the Chair or Rank-
ing Member of 1 of the appropriate congressional 
committees with respect to whether a foreign person 
meets the criteria for being included in the list re-
quired by subsection (a), the President shall trans-
mit a response to such Chair or Ranking Member, 
as the case may be, with respect to the President’s 
determination relating to such foreign person. 
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(3) REMOVAL.—If the President removes from 
the list required by subsection (a) a foreign person 
that had been included in such list pursuant to a re-
quest under paragraph (2), the President shall pro-
vide to the relevant Chair or Ranking Member of 1 
of the appropriate congressional committees any in-
formation that contributed to such decision. 
(4) FORM.—The President may transmit a re-
sponse required by paragraph (2) or paragraph (3) 
in classified form if the President determines that it 
is necessary for the national security interests of the 
United States to do so. 
(e) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 
(1) INELIGIBILITY FOR VISAS AND ADMISSION 
TO THE UNITED STATES.—A foreign person on the 
list required by subsection (a), and each immediate 
family member of such person, is— 
(A) inadmissible to the United States; 
(B) ineligible to receive a visa or other doc-
umentation to enter the United States; and 
(C) otherwise ineligible to be admitted or 
paroled into the United States or to receive any 
other benefit under the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.). 
(2) CURRENT VISAS REVOKED.— 
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(A) IN
GENERAL.—The issuing consular 
officer or the Secretary of State (or a designee 
of the Secretary of State) shall, in accordance 
with section 221(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1201(i)), revoke any 
visa or other entry documentation issued to a 
foreign person on the list required by subsection 
(a), and any visa or other entry documentation 
issued to any immediate family member of such 
person, regardless of when the visa or other 
entry documentation is issued. 
(B) EFFECT OF REVOCATION.—A revoca-
tion under subparagraph (A) shall— 
(i) take effect immediately; and 
(ii) automatically cancel any other 
valid visa or entry documentation that is in 
the foreign person’s possession. 
(C) REGULATIONS REQUIRED.—Not later 
than 180 days after the date of enactment of 
this Act, the Secretary of State shall prescribe 
such regulations as are necessary to carry out 
this subsection. 
(3) SENSE OF CONGRESS WITH RESPECT TO 
ADDITIONAL SANCTIONS.—It is the sense of Con-
gress that the President should impose additional 
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targeted sanctions with respect to foreign persons on 
the list required by subsection (a) to push for ac-
countability for flagrant denials of the right to life, 
liberty, or the security of the person, through the 
use of designations and targeted sanctions provided 
for such conduct under other existing authorities. 
(4) EXCEPTIONS.— 
(A) EXCEPTION
WITH
RESPECT
TO
NA-
TIONAL
SECURITY.—This section shall not 
apply with respect to— 
(i) activities subject to the reporting 
requirements under title V of the National 
Security Act of 1947 (50 U.S.C. 3091 et 
seq.); or 
(ii) any authorized intelligence or law 
enforcement activities of the United States. 
(B) EXCEPTION TO COMPLY WITH INTER-
NATIONAL OBLIGATIONS.—Sanctions under this 
subsection shall not apply with respect to a for-
eign person if admitting or paroling such per-
son into the United States is necessary to per-
mit the United States to comply with the 
Agreement regarding the Headquarters of the 
United Nations, signed at Lake Success, June 
26, 1947, and entered into force November 21, 
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1947, between the United Nations and the 
United States, or other applicable international 
obligations. 
(C) EXCEPTION FOR CERTAIN IMMEDIATE 
FAMILY MEMBERS.— 
(i) IN
GENERAL.—A covered indi-
vidual shall not be subject to sanctions 
under this section if the President certifies 
to the appropriate congressional commit-
tees, in accordance with clause (ii), that 
such individual has a reasonable fear of 
persecution based on— 
(I) actual or perceived sexual ori-
entation, gender identity, or sex char-
acteristics; 
(II) race, religion, or nationality; 
or 
(III) political opinion or member-
ship in a particular social group. 
(ii) DETERMINATION
AND
CERTIFI-
CATION.—A certification under clause (i) 
shall be made not later than 30 days after 
the date of the determination required by 
such clause. Any proceedings relating to 
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such determination shall not be publicly 
available. 
(iii) COVERED INDIVIDUAL.—For pur-
poses of this subparagraph, the term ‘‘cov-
ered individual’’ means an individual who 
is an immediate family member of foreign 
person on the list required by subsection 
(a). 
(4) WAIVERS IN THE INTEREST OF NATIONAL 
SECURITY.— 
(A) IN
GENERAL.—The President may 
waive the application of paragraph (1) or (2) 
with respect to a foreign person included in the 
list required by subsection (a) if the President 
determines and transmits to the appropriate 
congressional committees notice and justifica-
tion, that such a waiver— 
(i) is necessary to permit the United 
States to comply with the Agreement be-
tween the United Nations and the United 
States regarding the Headquarters of the 
United Nations, signed June 26, 1947, 
and entered into force November 21, 1947, 
or other applicable international obliga-
tions of the United States; or 
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(ii) is in the national security interests 
of the United States. 
(B) TIMING
OF
CERTAIN
WAIVERS.—A 
waiver pursuant to a determination under 
clause (ii) of subparagraph (A) shall be trans-
mitted not later than 15 days before the grant-
ing of such waiver. 
(f) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act and annually there-
after, the President, acting through the Secretary of State, 
shall submit to the appropriate congressional committees 
a report on— 
(1) the actions taken to carry out this section, 
including— 
(A) the number of foreign persons added 
to or removed from the list required by sub-
section (a) during the year preceding each such 
report, the dates on which such persons were so 
added or removed, and the reasons for so add-
ing or removing such persons; and 
(B) an analysis that compares increases or 
decreases in the number of such persons added 
or removed year-over-year and the reasons 
therefore; 
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(2) any efforts by the President to coordinate 
with the governments of other countries, as appro-
priate, to impose sanctions that are similar to the 
sanctions imposed under this section; 
(3) the impact of the sanctions imposed under 
this section with respect to altering the behavior of 
each of the foreign persons included, as of the date 
of submission of the report, in the list required by 
subsection (a); and 
(4) steps the Department can take to improve 
coordination with foreign governments, civil society 
groups, and the private sector, to prevent the com-
mission of the human rights violations described in 
section 3(a)(1) against persons based on actual or 
perceived sexual orientation, gender identity, or sex 
characteristics. 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee 
on Homeland Security, and the Committee on 
the Judiciary of the House of Representatives; 
and 
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(B) the Committee on Armed Services, the 
Committee on Foreign Relations, the Com-
mittee on Homeland Security and Govern-
mental Affairs, and the Committee on the Judi-
ciary of the Senate. 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ has the meaning given such term in section 
595.304 of title 31, Code of Federal Regulations (as 
in effect on the day before the date of enactment of 
this Act). 
(3) IMMEDIATE
FAMILY
MEMBER.—The term 
‘‘immediate family member’’ has the meaning given 
such term for purposes of section 7031(c) of division 
K of the Consolidated Appropriations Act, 2021. 
(4) PERSON.—The term ‘‘person’’ has the 
meaning given such term in section 591.308 of title 
31, Code of Federal Regulations (as in effect on the 
day before the date of enactment of this Act). 
SEC. 5. COMBATING INTERNATIONAL CRIMINALIZATION OF 
LGBTQI STATUS, EXPRESSION, OR CONDUCT. 
(a) ANNUAL STRATEGIC REVIEW.—The Secretary of 
State, in consultation with the Administrator of the 
United States Agency for International Development, shall 
include during the course of annual strategic planning an 
examination of the progress made in countries around the 
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world toward the decriminalization of the status, expres-
sion, and conduct of LGBTQI individuals, the obstacles 
that remain toward achieving such decriminalization, and 
the strategies available to the Department and the Agency 
to address such obstacles. 
(b) ELEMENTS.—The examination described in sub-
section (a) shall include the following: 
(1) An examination of the full range of criminal 
and civil laws of other countries that disproportion-
ately impact communities of LGBTQI individuals or 
apply with respect to the conduct of LGBTQI indi-
viduals. 
(2) In consultation with the Attorney General, 
a list of countries in each geographic region with re-
spect to which— 
(A) the Attorney General, acting through 
the Office of Overseas Prosecutorial Develop-
ment Assistance and Training of the Depart-
ment of Justice, shall prioritize programs seek-
ing to— 
(i) decriminalize the status, expres-
sion, and conduct of LGBTQI individuals; 
(ii) monitor the trials of those pros-
ecuted because of such status, expression, 
or conduct; and 
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(iii) reform related laws having a dis-
criminatory impact on LGBTQI individ-
uals; and 
(B) applicable speaker or exchange pro-
grams sponsored by the United States Govern-
ment shall bring together civil society and gov-
ernmental leaders to promote the recognition of 
LGBTQI rights through educational exchanges 
in the United States and support better under-
standing of the role that governments and civil 
societies mutually play in assurance of equal 
treatment of LGBTQI populations abroad. 
SEC. 6. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS 
OF LGBTQI PEOPLE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the full implementation of Executive Order 
13988 and Bostock requires that United States foreign 
assistance and development organizations adopt the policy 
that no contractor, grantee, or implementing partner ad-
ministering United States assistance for any humani-
tarian, development, or global health programs may dis-
criminate against any employee or applicant for employ-
ment because of their gender identity or sexual orienta-
tion. 
(b) GLOBAL EQUALITY FUND.— 
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(1) IN GENERAL.—The Secretary of State shall 
establish a fund, to be known as the ‘‘Global Equal-
ity Fund’’, to be managed by the Assistant Sec-
retary of the Bureau of Democracy, Human Rights 
and Labor, consisting of such sums as may be ap-
propriated to provide grants, emergency assistance, 
and technical assistance to eligible civil society orga-
nizations and human rights defenders working to ad-
vance and protect human rights for all including 
LGBTQI persons, by seeking to achieve the fol-
lowing: 
(A) Ensuring the freedoms of assembly, 
association, and expression. 
(B) Protecting persons or groups against 
the threat of violence, including medically un-
necessary interventions performed on intersex 
infants. 
(C) Advocating against laws that crim-
inalize LGBTQI status, expression, or conduct 
or discriminate against individuals on the basis 
of sexual orientation, gender identity, or sex 
characteristics. 
(D) Ending explicit and implicit forms of 
discrimination in the workplace, housing, edu-
cation, and other public institutions or services. 
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(E) Building community awareness and 
support for the human rights of LGBTQI per-
sons. 
(2) CONTRIBUTIONS.—The Secretary may ac-
cept financial and technical contributions from cor-
porations, bilateral donors, foundations, nongovern-
mental organizations, and other entities supporting 
the outcomes described in paragraph (1), through 
the Global Equality Fund. 
(3) PRIORITIZATION.—In providing assistance 
through the Global Equality Fund, the Secretary 
shall ensure due consideration and appropriate 
prioritization of assistance to groups that have his-
torically been excluded from programs undertaken 
for the outcomes described in paragraph (1). 
(c) LGBTQI GLOBAL DEVELOPMENT PARTNER-
SHIP.—The Administrator of the United States Agency 
for International Development, in consultation with the 
Secretary of State, shall establish a partnership, to be 
known as the ‘‘LGBTQI Global Development Partner-
ship’’, to leverage the financial and technical contributions 
of corporations, bilateral donors, foundations, nongovern-
mental organizations, and universities to support the 
human rights and development of LGBTQI persons 
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around the world by supporting programs, projects, and 
activities for the following purposes: 
(1) To strengthen the capacity of LGBTQI 
leaders and civil society organizations. 
(2) To train LGBTQI leaders to effectively par-
ticipate in democratic processes and lead civil insti-
tutions. 
(3) To conduct research to inform national, re-
gional, or global policies and programs. 
(4) To promote inclusive development, including 
economic empowerment through enhanced LGBTQI 
entrepreneurship and business development. 
(d) 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. 
(e) 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 LGBTQI Glob-
al Development Partnership established in accordance 
with this section. 
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(f) 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, 
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). 
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(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). 
(g) OFFICE OF FOREIGN ASSISTANCE.—The Sec-
retary of State, acting through the Director of the Office 
of Foreign Assistance, shall monitor the amount of foreign 
assistance obligated and expended on programs, projects, 
and activities relating to LGBTQI people, and shall pro-
vide the results of the indicators tracking such expendi-
ture, upon request, to the Organization for Economic Co- 
operation and Development. 
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 LGBTQI people 
in accordance with the goals described in section 6(f), in-
cluding by requiring all partner entities receiving assist-
ance through PEPFAR to receive training on the health 
needs of and human rights standards relating to LGBTQI 
people, and shall promptly notify Congress of any obsta-
cles encountered by a foreign government or contractor, 
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grantee, or implementing partner in the effort to equitably 
implement PEPFAR as described in such subsection, in-
cluding 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 enactment of this 
Act, the Coordinator shall submit to the appropriate con-
gressional 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 enactment 
of this Act, the Coordinator shall submit to the appro-
priate congressional committees a report describing the 
impact of partner notification services and index testing 
on treatment adherence, intimate partner violence, and ex-
posure to the criminal justice system for key populations, 
including LGBTQI people and sex workers, using quali-
tative and quantitative data. 
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(d) REPORT ON IMPACT OF ‘‘GLOBAL GAG’’ RULE.— 
Not later than 180 days after the date of enactment of 
this Act, the Comptroller General shall submit to the ap-
propriate congressional committees a report describing the 
impact, as of the date of the submission of the report, 
on the implementation and enforcement of any iteration 
of the Mexico City Policy on the global LGBTQI commu-
nity. 
(e) 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.), foreign nongovernmental organizations— 
(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 with non- 
United States Government funds if such serv-
ices do not violate the laws of the country in 
which they are being provided; and 
(B) shall not be subject to requirements 
relating to the use of non-United States Gov-
ernment funds for advocacy and lobbying activi-
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ties other than those that apply to United 
States nongovernmental organizations receiving 
assistance under part I of such Act. 
(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) 
LGBTQI 
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 informa-
tion on the total number of applications for asylum 
and refugee status received that are, in whole or in 
part, based on persecution or a well founded fear of 
persecution on account of sexual orientation or gen-
der identity, and the rate of approval administra-
tively 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 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 perma-
nent partnership. 
‘‘(54) The term ‘permanent partner’ means an 
individual 18 years of age or older who— 
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‘‘(A) is in a committed, intimate relation-
ship 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 re-
sided in a country that prohibits marriage be-
tween the individuals; and 
‘‘(E) is not a first-, second-, or third-de-
gree blood relation of the other individual. 
‘‘(55) The term ‘permanent partnership’ means 
the relationship that exists between 2 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 
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(C) by adding at the end the following: 
‘‘(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 LGBTQI 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 
LGBTQI 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 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 
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(B) complies with any applicable court 
order for the protection of LGBTQI aliens. 
(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’’). 
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(b) GUARANTEE
OF CITIZENSHIP
TO CHILDREN 
BORN ABROAD USING ASSISTIVE REPRODUCTION TECH-
NOLOGY.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary of State shall issue regula-
tions, in accordance with the press statement released on 
May 18, 2021, with respect to ‘‘U.S. Citizenship Trans-
mission 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 Nationality 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 recog-
nize 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; 
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