[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 302 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 302

To establish in the Bureau of Democracy, Human Rights, and Labor of the 
   Department of State a Special Envoy for the Human Rights of LGBT 
                                Peoples.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2015

  Mr. Markey (for himself, Mrs. Shaheen, Mrs. Murray, Ms. Warren, Mr. 
Durbin, Mr. Merkley, Mr. Cardin, Mr. Coons, Mr. Franken, Ms. Mikulski, 
 Ms. Baldwin, Mr. Whitehouse, Mrs. Gillibrand, Mr. Sanders, Mr. Leahy, 
  Mr. Wyden, Mr. Schumer, Mr. Brown, Mrs. Boxer, Mrs. Feinstein, Mr. 
 Booker, Ms. Cantwell, Mr. Murphy, Ms. Hirono, Mr. Casey, Mr. Schatz, 
and Mr. Blumenthal) introduced the following bill; which was read twice 
           and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To establish in the Bureau of Democracy, Human Rights, and Labor of the 
   Department of State a Special Envoy for the Human Rights of LGBT 
                                Peoples.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Human Rights Defense 
Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' 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, appearance, or mannerisms or other 
        gender-related characteristics of an individual, with or 
        without regard to the individual's designated sex at birth.
            (3) LGBT.--The term ``LGBT'' means lesbian, gay, bisexual, 
        or transgender.
            (4) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) Eighty-two countries prohibit the public support of the 
        LGBT community, promote homophobia across society, or 
        criminalize homosexuality. That is equal to more than 40 
        percent of United Nations Member States.
            (2) In seven countries, homosexuality is a crime that is 
        punishable by death.
            (3) Around the world, LGBT people face discrimination, 
        hatred, violence, and bigotry.
            (4) 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 2013 report 
        continues to show a clear pattern of increased human rights 
        violations in every region of the world based on sexual 
        orientation and gender identity. These violations include 
        murder, rape, torture, death threats, extortion, imprisonment, 
        as well as loss of employment, housing, access to health care, 
        and other forms of societal stigma and discrimination. The 
        report further documents growing LGBT-specific restrictions on 
        basic freedoms of assembly, press, and speech in every region 
        of the world.
            (5) In Jamaica and other countries, discrimination against 
        LGBT people, including ``corrective rape'' of lesbian women, 
        occurs all too frequently and with relative impunity.
            (6) In 2013, the Government of the Russian Federation 
        passed a law banning ``Homosexual Propaganda'', which 
        effectively makes it a crime to publically support LGBT 
        equality. The Russian law is the basis for similar anti-
        propaganda legislation threatened or introduced in countries 
        across Eastern Europe and Central Asia, including Lithuania, 
        Kyrgyzstan, and Belarus.
            (7) In February 2014, the Government of Uganda adopted a 
        law that makes ``aggravated homosexuality'' a crime punishable 
        with life imprisonment and endangers any individual arbitrarily 
        found to support LGBT people. Concurrently, the Government of 
        Uganda also passed laws severely limiting the basic freedoms of 
        speech and assembly for LGBT citizens. While the Constitutional 
        Court overturned this law on a technicality in August 2014, 
        leaders in Uganda have pledged to pursue similar legislation, 
        and LGBT persons continue to be subjected to discrimination and 
        violence.
            (8) The Government of Gambia passed an ``aggravated 
        homosexuality'' law in October 2014. The conditions in Gambia 
        for LGBT persons have been deteriorating, and there have been 
        troubling reports of LGBT individuals having been arrested and 
        threatened with torture for their sexual orientation and gender 
        identity.
            (9) In December 2013, the Government of Nigeria adopted a 
        law further criminalizing homosexuality. The law also 
        criminalizes supporting LGBT people in any way, endangering the 
        neighbors, friends, doctors, and landlords of LGBT people.
            (10) The anti-homosexuality laws in Gambia, Nigeria, and 
        elsewhere not only endanger all LGBT individuals in those 
        countries, but also pose serious risks for those associated 
        with or caring for LGBT people. In addition, international HIV 
        workers could be at risk since the treatment of at-risk 
        populations may constitute support for LGBT people. Studies 
        have shown that when LGBT people, especially LGBT youth, face 
        discrimination, they are less likely to seek HIV testing, 
        prevention, and treatment services.
            (11) 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 
        LGBT persons.
            (12) Secretary of State John Kerry announced that the 
        United States Government would review United States diplomatic 
        relationships with Nigeria and Uganda in light of their recent 
        anti-LGBT actions. Announcements by the Obama Administration on 
        March 23, 2014, and June 19, 2014, indicated the United States 
        Government would emphasize the importance of human rights in 
        Uganda by cutting $6,400,000 in funding for the Interreligious 
        Council of Uganda because of its support for the Anti-
        Homosexuality Act, halting a survey designed to minimize the 
        spread of HIV/AIDS because of potential harm to respondents, 
        imposing short-term travel bans on Ugandan military officials, 
        halting some joint military exercises with the Ugandan 
        military, relocating funds for a public health institute, and 
        restricting entry into the United States of those specific 
        individuals who have committed human rights violations against 
        LGBT persons. Despite the recent anti-LGBT actions by the 
        Government of Nigeria, President Obama has not conducted a 
        similar review of the United States diplomatic relationship 
        with that country or taken steps to emphasize the importance of 
        human rights for LGBT persons there.
            (13) In December 2013, the Supreme Court of India reversed 
        a lower court ruling and reinstated the criminalization of 
        homosexuality in the second most populous nation on Earth. In 
        April 2014, India's Supreme Court recognized transgender people 
        as a third gender, improving the legal rights of transgender 
        people in that country. Given these two court decisions, the 
        degree of human rights protections for LGBT persons in India is 
        uncertain.
            (14) Removing institutionalized discrimination and targeted 
        persecution against LGBT people around the world is a critical 
        step in the promotion of human rights and global health 
        internationally.
            (15) According to the Trans Murder Monitoring Project, 
        which monitors homicides of transgender individuals, 226 
        transgender persons were killed between November 2013 and 
        November 2014 worldwide. Violence against transgender 
        individuals is particularly alarming in Brazil, where 113 
        transgender individuals were murdered in the one-year period 
        from October 1, 2013, to September 30, 2014.
            (16) According to the International Guidelines on HIV/AIDS 
        and Human Rights, as published by the United Nations High 
        Commissioner for Human Rights, 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 in the context of HIV or targeted against 
        vulnerable groups.
            (17) For the world's 1,800,000,000 youth, anti-
        homosexuality laws and discrimination against LGBT persons 
        poses significant risks. LGBT youth who come out to their 
        family or community often face rejection, homelessness, and 
        limited educational and economic opportunities. These factors 
        contribute to increased risks of substance abuse, suicide, and 
        HIV infection among LGBT youth.
            (18) On September 26, 2014, the United Nations Human Rights 
        Council passed a resolution cosponsored by the United States 
        that expressed concern about discrimination and violence 
        experienced by LGBT persons around the world. Fourteen 
        countries opposed the resolution, including Algeria, Botswana, 
        Cote d'Ivoire, Ethiopia, Gabon, Indonesia, Kenya, Kuwait, 
        Maldives, Morocco, Pakistan, Saudi Arabia, the United Arab 
        Emirates, and the Russian Federation.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to take effective action to prevent and respond to 
        discrimination and violence against all people on any basis 
        internationally, including sexual orientation and gender 
        identity, and that human rights policy include attention to 
        hate crimes and other discrimination against LGBT people;
            (2) to systematically integrate and coordinate efforts to 
        prevent and respond to discrimination and violence against LGBT 
        people internationally into United States foreign policy;
            (3) to support and build local capacity in countries around 
        the world, including of governments at all levels and 
        nongovernmental organizations, to prevent and respond to 
        discrimination and violence against LGBT people 
        internationally;
            (4) to consult, cooperate, coordinate, and collaborate with 
        a wide variety of nongovernmental partners with demonstrated 
        experience in preventing and responding to discrimination and 
        violence against LGBT people internationally, including faith-
        based organizations and LGBT-led organizations;
            (5) to employ a multisectoral approach to preventing and 
        responding to discrimination and violence against LGBT people 
        internationally, including activities in the economic, 
        education, health, nutrition, legal, and judicial sectors;
            (6) to work at all levels, from the individual to the 
        family, community, local, national, and international levels, 
        to prevent and respond to discrimination and violence against 
        LGBT people internationally;
            (7) to enhance training by United States personnel of 
        professional foreign military and police forces and judicial 
        officials to include appropriate and thorough LGBT-specific 
        instruction on preventing and responding to discrimination and 
        violence based on sexual orientation and gender identity;
            (8) to engage non-LGBT people as allies and partners, as an 
        essential element of making sustained reductions in 
        discrimination and violence against LGBT people;
            (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 LGBT people and those who provide services to them;
            (10) to exert sustained international leadership to prevent 
        and respond to discrimination and violence against LGBT 
        persons, including in bilateral and multilateral fora;
            (11) to fully implement and expand upon the policies 
        outlined in the Presidential Memorandum--International 
        Initiatives to Advance the Human Rights of Lesbian, Gay, 
        Bisexual, and Transgender Persons;
            (12) to ensure that international efforts to combat HIV/
        AIDS take all appropriate measures to support at-risk 
        communities, including LGBT persons, and to create enabling 
        legal environments for these communities;
            (13) to work with governments and nongovernmental partners 
        around the world to develop and implement regional strategies 
        to decriminalize homosexuality and to counteract the 
        prohibition of public support of the LGBT community; and
            (14) to ensure that those who have a well-founded fear of 
        persecution on account of being LGBT or supporting LGBT rights 
        have the opportunity to seek protection in the United States.

SEC. 5. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBT PEOPLE.

    (a) Establishment.--The Secretary of State shall establish in the 
Bureau of Democracy, Human Rights, and Labor (DRL) of the Department of 
State a Special Envoy for the Human Rights of LGBT Peoples (in this 
section referred to as the ``Special Envoy''), who shall be appointed 
by the President. The Special Envoy shall report directly to the 
Assistant Secretary for DRL.
    (b) Purpose.--In addition to the duties described in subsection (c) 
and those duties determined by the Secretary of State, the Special 
Envoy shall direct efforts of the United States Government as directed 
by the Secretary regarding human rights abuses against the LGBT 
community internationally and the advancement of human rights for LGBT 
people in United States foreign policy, and shall represent the United 
States internationally in bilateral and multilateral engagement on 
these matters.
    (c) Duties.--
            (1) In general.--The Special Envoy--
                    (A) shall direct activities, policies, programs, 
                and funding relating to the human rights of LGBT people 
                and the advancement of LGBT 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;
                    (B) shall represent the United States in diplomatic 
                matters relevant to the human rights of LGBT people, 
                including discrimination and violence against LGBT 
                people internationally;
                    (C) shall direct, as appropriate, United States 
                Government resources to respond to needs for 
                protection, integration, resettlement, and empowerment 
                of LGBT people in United States Government policies and 
                international programs, including to prevent and 
                respond to discrimination and violence against LGBT 
                people internationally;
                    (D) shall design, support, and implement activities 
                regarding support, education, resettlement, and 
                empowerment of LGBT people internationally, including 
                for the prevention and response to discrimination and 
                violence against LGBT people internationally;
                    (E) shall lead interagency coordination between the 
                foreign policy priorities related to the human rights 
                of LGBT people and the development assistance 
                priorities of the LGBT Coordinator of the United States 
                Agency for International Development;
                    (F) shall conduct regular consultation with civil 
                society organizations working to prevent and respond to 
                discrimination and violence against LGBT people 
                internationally;
                    (G) shall ensure that programs, projects, and 
                activities designed to prevent and respond to 
                discrimination and violence against LGBT people are 
                subject to rigorous monitoring and evaluation, and that 
                there is a uniform set of indicators and standards for 
                such monitoring and evaluation that is used across 
                international programs in Federal agencies;
                    (H) shall serve as the principal advisor to the 
                Secretary of State regarding human rights for LGBT 
                people internationally; and
                    (I) is authorized to represent the United States in 
                diplomatic and multilateral situations on matters 
                relevant to the human rights of LGBT people, including 
                discrimination and violence against LGBT people 
                internationally.
            (2) Data repository.--The Bureau of Democracy, Human 
        Rights, and Labor shall--
                    (A) be the central repository of data on all United 
                States programs, projects, and activities that relate 
                to prevention and response to discrimination and 
                violence against LGBT people; and
                    (B) produce--
                            (i) a full accounting of United States 
                        Government spending on such programs, projects, 
                        and activities; and
                            (ii) evaluations of the effectiveness of 
                        implemented programs.

SEC. 6. BRIEFINGS AND ASSESSMENTS.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Special Envoy shall brief the 
appropriate congressional committees on the status of the human rights 
of LGBT people internationally, as well as the status of programs and 
response strategies to address LGBT discrimination and violence against 
LGBT people internationally, and shall submit to the appropriate 
congressional committees an assessment of human and financial resources 
necessary to fulfill the purposes and duties of this Act.

SEC. 7. UNITED STATES POLICY TO PREVENT AND RESPOND TO DISCRIMINATION 
              AND VIOLENCE AGAINST LGBT PEOPLE GLOBALLY.

    (a) Global Strategy Requirement.--Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter for five 
years, the Special Envoy shall develop or update a United States global 
strategy to prevent and respond to discrimination and violence against 
LGBT people globally. The strategy shall be transmitted to the 
appropriate congressional committees and, if practicable, made 
available to the public.
    (b) Initial Strategy.--For the purposes of this section, the 
Presidential Memorandum--International Initiatives to Advance the Human 
Rights of Lesbian, Gay, Bisexual, and Transgender Persons, issued 
December 6, 2011, shall be deemed to fulfill the initial requirement of 
subsection (a).
    (c) Reporting.--In accordance with paragraph (13) of section 116(d) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), as added by 
section 9(b), the Annual Report on Human Rights Practices shall include 
detailed descriptions of nations that have adopted laws or 
constitutional provisions that discriminate against LGBT people.
    (d) Collaboration and Coordination.--In developing the strategy 
under subsection (a), the Special Envoy shall consult with--
            (1) mid- and high-level officials of relevant Federal 
        agencies; and
            (2) representatives of civil society, multilateral, and 
        private sector organizations with demonstrated experience in 
        addressing discrimination and violence against LGBT people or 
        promoting equal rights for LGBT people internationally.

SEC. 8. IMPLEMENTATION OF THE UNITED STATES STRATEGY TO PREVENT AND 
              RESPOND TO LGBT DISCRIMINATION AND VIOLENCE AGAINST THE 
              LGBT COMMUNITY GLOBALLY.

    The Secretary of State and the Administrator of the United States 
Agency for International Development are authorized to provide 
assistance to prevent and respond to discrimination and violence 
against LGBT people internationally, including the following 
activities:
            (1) Development and implementation of programs, such as the 
        Global Equality Fund, that respond to human rights abuses and 
        economic exclusion of LGBT people in the workplace and in 
        public.
            (2) Development and enforcement of civil and criminal legal 
        and judicial sanctions, protection, training, and capacity.
            (3) Enhancement of the health sector capacity to detect, 
        prevent, and respond to violence against the LGBT community and 
        to combat HIV/AIDS in the LGBT community internationally, in 
        close coordination with the Office of the Global AIDS 
        Coordinator.
            (4) Development of a leadership program for international 
        LGBT activists that will foster collaboration and knowledge 
        sharing across the world.

SEC. 9. MONITORING THE UNITED STATES STRATEGY TO PREVENT AND RESPOND TO 
              DISCRIMINATION AND VIOLENCE AGAINST THE LGBT COMMUNITY 
              GLOBALLY.

    (a) In General.--In each strategy submitted under section 7(a), the 
Special Envoy shall include an analysis of best practices for 
preventing and addressing discrimination and violence against LGBT 
people internationally, which shall include--
            (1) a description of successful efforts by foreign 
        governments, multilateral institutions, nongovernmental 
        organizations, educational organizations, and faith-based 
        organizations in preventing and responding to discrimination 
        and violence against LGBT people;
            (2) recommendations related to best practices, effective 
        strategies, and improvements to enhance the impact of 
        prevention and response efforts; and
            (3) the impact of activities funded by the strategy in 
        preventing and reducing discrimination and violence against 
        LGBT people internationally.
    (b) Information Required To Be Included in Human Rights Practices 
Report.--Section 116(d) (22 U.S.C. 2151n(d)) of the Foreign Assistance 
Act of 1961 is amended--
            (1) in paragraph (11)(C), by striking ``; and'' and 
        inserting a semicolon;
            (2) in paragraph (12)(C)(ii), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(13) wherever applicable, the nature and extent of 
        discrimination and violence based on sexual orientation and 
        gender identity.''.
                                 <all>