(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate; and 
(B) the Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives. 
(2) GENDER
IDENTITY.—The term ‘‘gender 
identity’’ means the gender-related identity, appear-
ance, or mannerisms or other gender-related charac-
teristics of an individual, regardless of the individ-
ual’s designated sex at birth. 
(3) INTERSEX.—The term ‘‘intersex’’ means in-
dividuals born with sex characteristics (including 
genitals, gonads, or chromosome patterns) that vary 
from typical binary notions of male or female bodies 
and is an umbrella term used to describe a wide 
range of natural bodily variations. 
(4) LGBTQI.—The term ‘‘LGBTQI’’ means 
lesbian, gay, bisexual, transgender, queer, or 
intersex. 
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(5) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means actual or perceived homosex-
uality, heterosexuality, or bisexuality. 
SEC. 3. FINDINGS. 
Congress makes the following findings: 
(1) Around the world, LGBTQI people face vio-
lence, discrimination, hatred, and bigotry. 
(2) Sixty-nine countries criminalize same-sex re-
lations and at least three countries prohibit the pub-
lic support of the LGBTQI community. That is 
equal to 35 percent of United Nations member 
states. 
(3) In several countries, homosexuality is a 
crime that is punishable by death. 
(4) Intersex people experience prejudice and 
discrimination, including the common performance 
of medically unnecessary surgeries without their con-
sent or approval, because their bodies do not con-
form to other people’s expectations about sex and 
gender. 
(5) Violence and discrimination based on sexual 
orientation and gender identity are documented in 
the Department of State’s annual Human Rights 
Report to Congress. The 2019 report continues to 
show a clear pattern of human rights violations in 
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every region of the world based on sexual orientation 
and gender identity. These violations include mur-
der, rape, torture, death threats, extortion, and im-
prisonment, as well as loss of employment, housing, 
access to health care, and other forms of societal 
stigma and discrimination. The report further docu-
ments LGBTQI-specific restrictions on basic free-
doms of assembly, press, and speech in every region 
of the world. 
(6) In 2013, the Russian Duma passed a law 
banning so-called ‘‘homosexual propaganda’’, which 
effectively makes it a crime to publicly support 
LGBTQI equality or even discuss homosexuality. 
This pernicious law is the basis for similar so-called 
‘‘antipropaganda’’ legislation in countries across 
Eastern Europe and Central Asia, including in 
Moldova, Kyrgyzstan, and Belarus. 
(7) On April 1, 2017, the Russian newspaper 
Novaya Gazeta reported that the government of the 
autonomous republic of Chechnya had been arrest-
ing, detaining, and torturing gay and bisexual men 
in secret prisons since early 2017. An Organization 
for Security and Co-operation in Europe (OSCE) 
fact-finding report released in December 2018 con-
firmed the atrocities, documenting ‘‘several waves of 
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violations of human rights abuses of persons based 
on their sexual orientation and gender identity’’. Re-
ports throughout 2020 suggest the purge has contin-
ued. 
(8) In May 2020, the Hungarian Parliament 
voted to eliminate the ability for transgender and 
intersex Hungarians to legally change their gender 
on official documents. In June 2020, Poland’s presi-
dent pledged to ban the ‘‘propagation of LGBT ide-
ology,’’ and nearly a third of Polish towns and mu-
nicipalities have now declared themselves to be 
‘‘LGBT-free zones’’. 
(9) In December 2013, under the guise of pro-
hibiting marriage equality through the Same Sex 
Marriage (Prohibition) Act, the Government of Nige-
ria adopted a law that further criminalized same-sex 
relations and support for LGBTQI people, endan-
gering neighbors, friends, doctors, and landlords of 
LGBTQI people. In August 2018, 57 men at a party 
in Lagos were arrested under this law and 47 were 
later charged in December 2019 for ‘‘public show of 
same sex amorous relationship’’. While the case was 
thrown out in October 2020 due to deficiencies in 
the prosecution, the men suffered significant harm 
over the course of the two-year trial. 
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(10) Several countries in South Asia continue 
to have draconian laws that criminalize homosexual 
acts, which place LGBTQI people in danger and un-
dermine their ability to live free from persecution. 
(11) In February 2014, the Government of 
Uganda adopted a law making ‘‘aggravated homo-
sexuality’’ a crime punishable with life imprisonment 
and concurrently, the Government of Uganda also 
passed laws severely limiting the basic freedoms of 
speech and assembly for LGBTQI citizens. Although 
the Constitutional Court overturned the Anti-Homo-
sexuality Act on a technicality in August 2014, 
LGBTQI Ugandans continue to be subjected to dis-
crimination and violence, and their government has 
in recent years forcibly shut down even private Pride 
celebrations in Kampala. 
(12) In November 2016, the Government of 
Tanzania banned all HIV and AIDS outreach 
projects aimed at gay men, including those funded 
by the President’s Emergency Plan for AIDS Relief 
(PEPFAR), forcing the closure of United States- 
funded programs providing testing, condoms, and 
care to gay men, exacerbating the health needs of 
gay men in Tanzania, about 30 percent of whom are 
HIV positive. In 2018, various government officials 
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announced crackdowns on the LGBTQI community, 
including a threat by the governor of the largest 
city, who announced a purge on LGBTQI individ-
uals and asked the public to report them. 
(13) A 2020 report by Human Rights Watch 
found that in the Northern Triangle countries of El 
Salvador, Guatemala, and Honduras, ‘‘gangs specifi-
cally target LGBT people, killing, assaulting, threat-
ening or extorting them’’. A 2016 report noted that 
transgender women in El Salvador have an average 
life expectancy of less than 35 years due to violence, 
discrimination, and femicide. 
(14) Extreme violence in El Salvador, Nica-
ragua, Guatemala, and Honduras has driven 
LGBTQI people to flee their countries or origin to 
the United States for protection. At the United 
States border with Mexico, LGBTQI asylum seekers 
face additional violence and many have been re-
turned to face persecution in their home countries or 
in third countries that are not safe. 
(15) On May 23, 2017, and again on July 13, 
2018, gay men were publicly caned in the Indo-
nesian province of Aceh, while thousands of spec-
tators snapped pictures outside a mosque. More re-
cently, including in August 2020, police in Indonesia 
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have arrested men at private parties, sometimes re-
leasing their photographs to the news media, endan-
gering their lives. The August 2020 raid fits a dis-
turbing pattern of Indonesian authorities using the 
pornography law as a weapon to target LGBTQI 
people. 
(16) The Department of State Human Rights 
Report for 2019 notes that Egyptian police arrest 
LGBTQI persons on charges such as ‘‘debauchery’’, 
‘‘prostitution’’, and ‘‘violating the teachings of reli-
gion’’, leading to prison sentences of up to 10 years. 
According to a local group, there have been more 
than 250 arrests since 2013. Arrests have continued 
apace in 2020. Rights groups also have reported on 
the discredited use of ‘‘virginity’’ and ‘‘anal tests’’ 
by Egyptian authorities to attempt to prove sexual 
activity, assaults that may constitute cruel, degrad-
ing, and inhuman treatment that can rise to the 
level of torture under international human rights 
law. 
(17) Anti-LGBTQI laws not only endanger all 
LGBTQI individuals, but also pose serious risks for 
those associated with or caring for LGBTQI people. 
Studies have shown that when LGBTQI people, es-
pecially LGBTQI youth, face discrimination, they 
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are less likely to seek HIV testing, prevention, and 
treatment services. 
(18) According to the Trans Murder Monitoring 
Project, which monitors homicides of transgender in-
dividuals, 350 trans and gender-diverse were killed 
between October 1, 2019, and September 30, 2020, 
representing a 6 percent increase in reported mur-
ders from the 2019 update. 
(19) According to the International Guidelines 
on HIV/AIDS and Human Rights, as published by 
the United Nations High Commissioner for Human 
Rights, and according to the reports of the United 
Nations Independent Expert on protection against 
violence and discrimination based on sexual orienta-
tion and gender identity, countries should review 
and reform criminal laws and correctional systems to 
ensure that they are consistent with international 
human rights obligations and are not misused or 
targeted against vulnerable groups. 
(20) Removing institutionalized discrimination 
and targeted persecution against LGBTQI people 
around the world is a critical step in the promotion 
of human rights and global health internationally. 
(21) Anti-LGBTQI laws and discrimination 
pose significant risks for LGBTQI youth who come 
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out to their family or community and often face re-
jection, homelessness, and limited educational and 
economic opportunities. These factors contribute to 
increased risks of substance abuse, suicide, and HIV 
infection among LGBTQI youth. 
(22) On December 6, 2011, President Barack 
Obama released the ‘‘Presidential Memorandum— 
International Initiatives to Advance the Human 
Rights of Lesbian, Gay, Bisexual, and Transgender 
Persons’’. The memorandum directed all Federal 
agencies engaged abroad to ensure that United 
States diplomacy and foreign assistance promote and 
protect the human rights of LGBTQI persons. 
(23) On February 23, 2015, Secretary of State 
John Kerry appointed senior diplomat Randy Berry 
as the Department of State’s first-ever Special 
Envoy for the Human Rights of LGBTI Persons. 
No person was named to that position during the 
Trump Administration. 
(24) On June 30, 2016, the United Nations 
Human Rights Council passed a resolution cospon-
sored by the United States that established an Inde-
pendent Expert on violence and discrimination based 
on sexual orientation and gender identity to help 
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monitor and track discrimination and violence expe-
rienced by LGBTQI persons around the world. 
(25) At the annual Summit of Commonwealth 
Nations in April 2018, United Kingdom Prime Min-
ister Theresa May issued an apology for discrimina-
tory laws criminalizing same-sex relationships that 
were imposed on British colonies around the world. 
She also announced the creation of a fund to sup-
port legal reform efforts. 
(26) In April 2018, Trinidad and Tobago’s 
High Court of Justice issued a landmark ruling de-
claring that laws which criminalize same-sex rela-
tionships between consenting adults are unconstitu-
tional. 
(27) In September 2018, the Supreme Court of 
India decriminalized same-sex relationships. The 
same court also has affirmed the rights of 
transgender people as a protected ‘‘third gender’’ 
under the Constitution of India. 
(28) Angola decriminalized same-sex relation-
ships in January 2019, and prohibited discrimina-
tion against people on the basis of sexual orienta-
tion. In December 2020, the parliament of Bhutan 
voted to decriminalize same-sex relationships. 
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(29) In January 2018, the Inter-American 
Court of Human Rights issued an advisory opinion 
declaring that the American Convention on Human 
Rights, adopted at San Jose November 22, 1969, 
grants the right of transgender people to change 
their name and gender on public documents, and 
that same-sex couples must be granted full legal 
rights, including the right to marriage. This ruling 
is animating legal reforms and human rights cases 
across the Americas. 
(30) In September 2018, the legislature in 
Chile passed a groundbreaking legal gender recogni-
tion law, which allows transgender individuals to 
self-determine their legal gender in official docu-
ments without a judicial determination or medical 
interventions. The Government of Uruguay passed a 
similarly expansive gender recognition law in 2018. 
(31) In May 2020, the United Nations Inde-
pendent Expert on protection against violence and 
discrimination based on sexual orientation and gen-
der identity released a report on so-called ‘‘conver-
sion therapy,’’ which is an umbrella term used to de-
scribe interventions based on a belief that a person’s 
sexual orientation or gender identity can and should 
be changed. The report concludes that such practices 
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represent significant violations of rights to bodily au-
tonomy, health, and free expression, and can breach 
the prohibition against torture and ill-treatment. 
The Independent Expert concludes by calling for a 
global ban on conversion therapy, noting that ‘‘the 
psychological pain and suffering inflicted by prac-
tices of ‘conversion therapy’ are deep and long-last-
ing and often exacerbate the risk of suicide’’. 
(32) The global COVID–19 pandemic has exac-
erbated inequalities that LGBTQI individuals face, 
including access to healthcare, stigma, and discrimi-
nation. 
(33) Some governments have enacted measures 
that target or discriminate against LGBTQI individ-
uals and communities under the guise of COVID–19 
public health precautions. 
(34) In March 2020, Ugandan police arbitrarily 
arrested 20 LGBTQI people living in a homeless 
shelter, charging them with ‘‘a negligent act likely to 
spread infection of disease’’. They were released and 
all charges were dropped after nearly two months in 
prison. 
(35) Gender-based quarantine rules have re-
sulted in increased violence against transgender indi-
viduals 
and 
reports 
indicate 
an 
increase 
in 
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transphobic and homophobic rhetoric, as religious 
leaders and others scapegoat LGBTQI people for 
the spread of the disease. 
(36) COVID–19 has also increased barriers to 
access health care for LGBTQI individuals. In addi-
tion to discrimination in care, the health needs of 
LGBTQI people may be deprioritized. For example, 
HIV prevention activities have largely ceased due to 
the pandemic, elevating risks for transmission 
among key population groups. 
(37) Due to stay-at-home restrictions, LGBTQI 
people may be confined to hostile households, put-
ting them at increased risk for gender-based violence 
and compounding mental health challenges. 
(38) LGBTQI individuals may be unable to ac-
cess a government’s COVID support services due to 
discrimination. In response, LGBTQI-led civil soci-
ety organizations have been forced to shift their pro-
grams to provide humanitarian support to their com-
munities, sidelining other programs previously per-
formed in their communities. 
SEC. 4. STATEMENT OF POLICY. 
It is the policy of the United States— 
(1) to take effective action to prevent and re-
spond to discrimination and violence against all peo-
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ple on any basis internationally, including sexual ori-
entation, gender identity, and sex characteristics, 
and that human rights policy includes attention to 
criminalization, hate crimes, and other discrimina-
tion against LGBTQI people; 
(2) to systematically integrate and coordinate 
into United States foreign policy efforts to prevent 
and respond to criminalization, discrimination, and 
violence against LGBTQI people internationally; 
(3) to support and build local capacity in coun-
tries around the world, including of governments at 
all levels and nongovernmental organizations, to pre-
vent and respond to criminalization, discrimination, 
and violence against LGBTQI people internationally; 
(4) to consult, cooperate, coordinate, and col-
laborate with a wide variety of nongovernmental 
partners, including faith-based organizations and 
LGBTQI-led organizations, with demonstrated expe-
rience in preventing and responding to criminaliza-
tion, discrimination, and violence against LGBTQI 
people internationally; 
(5) to employ a multisectoral approach to pre-
venting and responding to criminalization, discrimi-
nation, and violence against LGBTQI people inter-
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nationally, including activities in the economic, edu-
cation, health, nutrition, legal, and judicial sectors; 
(6) to work at all levels, from the individual to 
the family, community, local, national, and inter-
national levels, to prevent and respond to criminal-
ization, 
discrimination, 
and 
violence 
against 
LGBTQI people internationally; 
(7) to enhance training by United States per-
sonnel of professional foreign military and police 
forces and judicial officials to include appropriate 
and thorough LGBTQI-specific instruction on pre-
venting and responding to criminalization, discrimi-
nation, and violence based on sexual orientation and 
gender identity; 
(8) to engage non-LGBTQI people as allies and 
partners, as an essential element of making sus-
tained reductions in criminalization, discrimination, 
and violence against LGBTQI people internationally; 
(9) to require that all Federal contractors and 
grant recipients in the United States Government’s 
international programs establish appropriate policies 
and take effective measures to ensure the protection 
and safety of their staff and workplace, including 
from discrimination and violence directed against 
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