standards for such monitoring and evalua-
tion that is used across international pro-
grams in Federal agencies; and 
(ix) is authorized to represent the 
United States in bilateral and multilateral 
fora on matters relevant to the human 
rights of LGBTI people internationally, in-
cluding criminalization, discrimination, and 
violence against LGBTI people internation-
ally. 
(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 LGBTI people, including through 
specialized courses highlighting best practices in the docu-
mentation, investigation and prosecution of bias-motivated 
hate crimes targeting persons based on actual or perceived 
sexual orientation, gender identity or sex characteristics. 
SEC. 4. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 
VIOLATIONS OF HUMAN RIGHTS AGAINST 
LGBTI PEOPLE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act and biannually there-
after, the President shall transmit to the appropriate con-
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gressional committees a list of each foreign person that 
the President determines, based on credible information 
including information obtained by other countries or by 
nongovernmental 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) cruel, inhuman, or degrading treat-
ment or punishment; 
(B) prolonged detention without charges 
and trial; 
(C) causing the disappearance of persons 
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; 
(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); or 
(3) is responsible for or complicit in inciting a 
foreign person to engage in an activity described in 
paragraph (1). 
(b) FORM; UPDATES; REMOVAL.— 
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(1) FORM.—The list required by subsection (a) 
shall be transmitted in unclassified form and shall 
be published in the Federal Register without regard 
to the requirements of section 222(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1202(f)) with 
respect 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 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)(1) in order to increase ac-
countability 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 the 
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classified annex despite the existence of any 
publicly available credible information indi-
cating that the foreign person engaged in an ac-
tivity described in paragraph (1) or (2) of sub-
section (a). 
(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 person may be removed from 
the list required by subsection (a) if the President 
determines and reports to the appropriate congres-
sional committees not later than 15 days before the 
removal of the person from the list that— 
(A) credible information exists that the 
person did not engage in the activity for which 
the person was added to the list; 
(B) the person has been prosecuted appro-
priately for the activity in which the person en-
gaged; or 
(C) the person has credibly demonstrated a 
significant change in behavior, has paid an ap-
propriate consequence for the activities in which 
the person engaged, and has credibly committed 
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to not engage in an activity described in para-
graph (1) or (2) of subsection (a). 
(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 who 
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.—The 
President shall also consider information provided by 
the Chair or Ranking Member of each of the appro-
priate congressional committees in determining 
whether to include a foreign person on the list re-
quired by subsection (a). 
(2) REQUESTS.—Not later than 120 days after 
receiving a written request from the Chair or Rank-
ing Member of one of the appropriate congressional 
committees with respect to whether a foreign person 
meets the criteria for being added to the list re-
quired by subsection (a), the President shall trans-
mit a response to that Chair or Ranking Member, as 
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the case may be, with respect to the President’s de-
termination relating to such foreign person. 
(3) REMOVAL.—If the President removes from 
the list required by subsection (a) a person that had 
been placed on the list pursuant to a request under 
paragraph (2), the President shall provide to the rel-
evant Chair or Ranking Member any information 
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) INELIGIBILITY FOR VISAS AND ADMISSION TO 
THE UNITED STATES.—An individual who is a foreign 
person on the list required by subsection (a) is ineligible 
to receive a visa to enter the United States and ineligible 
to be admitted to the United States. 
(f) CURRENT VISAS REVOKED AND REMOVAL FROM 
UNITED STATES.— 
(1) IN GENERAL.—The Secretary of State shall 
revoke, in accordance with section 221(i) of the Im-
migration and Nationality Act (8 U.S.C. 1201(i)), 
the visa or other documentation of an individual who 
would be ineligible to receive such a visa or docu-
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mentation under subsection (e), and the Secretary of 
Homeland Security shall remove from the United 
States such an individual. 
(2) REGULATIONS REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary of State and the Secretary of Home-
land Security shall prescribe such regulations as are 
necessary to carry out this subsection. 
(g) SENSE OF CONGRESS WITH RESPECT TO ADDI-
TIONAL SANCTIONS.—It is the sense of Congress that the 
President should impose additional targeted sanctions 
with respect to foreign persons on the list required by sub-
section (a) to push for accountability 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. 
(h) WAIVERS IN THE INTEREST OF NATIONAL SECU-
RITY.— 
(1) IN
GENERAL.—The President may waive 
the application of subsection (e), (f), or (g) with re-
spect to a person if the President determines and 
submits to the appropriate congressional committees 
notice and justification, that such a waiver— 
(A) is necessary to permit the United 
States to comply with the Agreement between 
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the United Nations and the United States of 
America regarding the Headquarters of the 
United Nations, signed June 26, 1947, and en-
tered into force November 21, 1947, or other 
applicable international obligations of the 
United States; or 
(B) is in the national security interests of 
the United States. 
(2) TIMING OF CERTAIN WAIVERS.—A waiver 
pursuant to a determination under subparagraph 
(B) of paragraph (1) shall be submitted not later 
than 15 days before the granting of such waiver. 
(i) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act and annually 
thereafter, the President, acting through the Secretary of 
State, shall submit to the appropriate congressional com-
mittees 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 re-
port, the dates on which those persons were 
added or removed, and the reasons for adding 
or removing those persons; and 
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(B) an analysis that compares increases or 
decreases in the number of such persons year- 
over-year and the reasons therefor; and 
(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. 
(j) FOREIGN PERSONS.—In this section, the term 
‘‘foreign person’’ means— 
(1) any citizen or national of a foreign country 
(including any such individual who is also a citizen 
or national of the United States), including leaders 
or officials of governmental entities of a foreign 
country; or 
(2) any entity not organized solely under the 
laws of the United States or existing solely in the 
United States, including governmental entities of a 
foreign country. 
(k) EXCLUSION FOR PERSECUTION OF LGBTI INDI-
VIDUALS.—Section 212(a)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)) is amended by adding 
at the end the following new subparagraph: 
‘‘(J) HUMAN
RIGHTS
VIOLATORS.—Any 
alien who, while serving as an official of a for-
eign government, was responsible for or directly 
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carried out serious violations of the human 
rights of LGBTI individuals or targeting 
LGBTI people, is inadmissible.’’. 
SEC. 5. COMBATING INTERNATIONAL CRIMINALIZATION OF 
LGBTI 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 
world toward the decriminalization of the status, expres-
sion, and conduct of LGBTI 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 LGBTI individuals or 
apply with respect to the conduct of LGBTI individ-
uals. 
(2) In consultation with the Attorney General, 
a list of countries in each geographic region with re-
spect to which— 
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(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 LGBTI individuals; 
(ii) monitor the trials of those pros-
ecuted because of such status, expression, 
or conduct; and 
(iii) reform related laws having a dis-
criminatory impact on LGBTI individuals; 
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 
LGBTI 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 LGBTI populations abroad. 
SEC. 6. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS 
OF LGBTI PEOPLE. 
(a) 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 
LGBTI persons, by seeking to achieve the following: 
(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 LGBTI status, expression, or conduct or 
discriminate against individuals on the basis of 
sexual orientation, gender identity, or sex char-
acteristics. 
(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 LGBTI 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). 
(b) LGBTI 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 ‘‘LGBTI Global Development Partnership’’, 
to leverage the financial and technical contributions of cor-
porations, bilateral donors, foundations, nongovernmental 
organizations, and universities to support the human 
rights and development of LGBTI persons around the 
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world by supporting programs, projects, and activities for 
the following purposes: 
(1) To strengthen the capacity of LGBTI lead-
ers and civil society organizations. 
(2) To train LGBTI 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 economic empowerment through 
enhanced LGBTI entrepreneurship and business de-
velopment. 
(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. 
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(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, 
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). 
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-
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 
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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 
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 
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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 
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-
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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)— 
(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. 
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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 
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.— 
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(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)’’; 
(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. 
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(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— 
‘‘(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. 
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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.— 
(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-
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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 
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. 
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(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.— 
(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. 
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(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 
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— 
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(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 
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— 
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