[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7291 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7291

  To protect human rights and enhance opportunities for LGBTI people 
               around the world, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2018

 Ms. Titus (for herself, Mr. Engel, Mr. Cicilline, Mr. Lowenthal, Ms. 
    Lofgren, Mrs. Lowey, Mr. Takano, and Mr. Nadler) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
 and in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To protect human rights and enhance opportunities for LGBTI people 
               around the world, and for other purposes.

    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 ``Greater Leadership Overseas for the 
Benefit of Equality Act of 2018'' or the ``GLOBE Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The norms of good governance, human rights protections, 
        and the rule of law have been violated unconscionably with 
        respect to lesbian, gay, bisexual, transgender and intersex 
        (LGBTI) peoples in an overwhelming majority of countries around 
        the world, where LGBTI people face violence, hatred, bigotry 
        and discrimination because of who they are and whom they love.
            (2) In 75 countries, or almost 40 percent of the world, 
        same-sex relations and relationships are criminalized. These 
        include Nigeria, Egypt, and Uganda, among others. Homosexuality 
        is punishable by death in at least 8 countries. Many countries 
        also criminalize or otherwise prohibit cross-dressing and 
        gender-affirming treatments for transgender individuals.
            (3) Criminalizing LGBTI status or conduct is at the base of 
        political, social and economic injustice toward LGBTI 
        individuals in many countries.
            (4) The World Bank has begun to measure the macro-economic 
        costs of criminal laws targeting LGBTI individuals through lost 
        productivity, detrimental health outcomes and violence, as a 
        step toward mitigating those costs.
            (5) Violence and discrimination based on sexual orientation 
        and gender identity are documented in the Department of State's 
        annual Country Human Rights Reports to Congress. These reports 
        continue to show a clear pattern of human rights violations in 
        every region of the world based on sexual orientation and 
        gender identity.
            (6) These violations include murder, rape, torture, death 
        threats, extortion, and imprisonment, in many cases with the 
        complicity of governing officials. In the Russian autonomous 
        region of Chechnya, Chechen authorities have been found 
        directly complicit in the round-up, torture, and murders of 
        LGBTI men. In Indonesia, public humiliation and punishment of 
        gay men has been carried out. In Jamaica, lesbian women have 
        been subjected to so-called ``corrective rape''.
            (7) As documented by the State Department, LGBTI 
        individuals are subjected in many countries to capricious 
        imprisonment, loss of employment, housing, access to health 
        care, and societal stigma and discrimination. LGBTI-specific 
        restrictions on basic freedoms of assembly, press, and speech 
        exist in every region of the world. Public support for LGBTI 
        communities is prohibited in many countries, including Russia, 
        Belarus, Moldova, Kyrgyzstan, and Egypt.
            (8) Targeted sanctions are an important tool to push for 
        accountability for violations of the human rights of LGBTI 
        people. In December 2017, the United States imposed sanctions 
        on Chechen President Ramzan Kadyrov and head of the Chechen 
        Ministry of Internal Affairs Ayub Kataev, for committing 
        extrajudicial imprisonment, torture, and murder, including of 
        gay men, in Chechnya.
            (9) Anti-LGBTI laws and discrimination pose significant 
        risks for LGBTI youth who come out to their family or community 
        and often face rejection, homelessness, and limited educational 
        and economic opportunities. These factors contribute to 
        increased risks of substance abuse, suicide, and HIV infection 
        among LGBTI youth.
            (10) Anti-LGBTI laws also increase global health risks. 
        Studies have shown that when LGBTI people, especially LGBTI 
        youth, face discrimination, they are less likely to seek HIV 
        testing, prevention, and treatment services. In countries such 
        as Tanzania, government authorities have closed down access to 
        HIV services for gay men.
            (11) LGBTI populations are disproportionately impacted by 
        the Mexico City Policy, also widely referred to as the ``global 
        gag rule'', which was reinstated and expanded by President 
        Donald J. Trump on January 23, 2017. LGBTI people often receive 
        much of their healthcare through reproductive health clinics, 
        and organizations that cannot comply with the policy are forced 
        to discontinue work on United States-supported global health 
        projects that are frequently used by LGBTI populations, 
        including HIV prevention and treatment, stigma reduction, and 
        research.
            (12) Because they face tremendous discrimination in the 
        formal labor sector, many sex workers are also LGBTI 
        individuals, and many sex-worker-led programs and clinics serve 
        the LGBTI community with safe, non-stigmatizing, medical and 
        social care. USAID has also referred to sex workers as a 
        ``most-at-risk population''. The anti-prostitution loyalty oath 
        that health care providers receiving United States assistance 
        must take isolates sex-worker-led and serving groups from 
        programs and reinforces stigma, undermining both the global 
        AIDS response and human rights. The Supreme Court found this 
        requirement unconstitutional as it applies to United States 
        nongovernmental organizations and their foreign affiliates in 
        2013.
            (13) According to the Trans Murder Monitoring Project, 
        which monitors homicides of transgender individuals, 2,343 
        transgender and gender-diverse people were murdered between 
        2008 and 2016, in 69 countries.
            (14) In many countries, intersex individuals experience 
        prejudice and discrimination because their bodies do not 
        conform to general expectations about sex and gender. Because 
        of these expectations, medically unnecessary interventions are 
        often performed in infancy without the consent or approval of 
        intersex individuals, in violation of international human 
        rights standards.
            (15) Asylum and refugee protection are critical last-resort 
        protections for LGBTI individuals, but those who seek such 
        protections face ostracization and abuse in refugee camps and 
        detention facilities. They are frequently targeted for 
        violence, including sexual assault, in refugee camps and in 
        immigration detention. LGBTI individuals may be segregated 
        against their will for long periods in solitary confinement, in 
        an effort to protect them from such violence, but prolonged 
        solitary confinement itself represents an additional form of 
        abuse that is profoundly damaging to the social and 
        psychological well-being of any individual.
            (16) The one-year filing deadline to apply for United 
        States asylum also disproportionately impacts LGBTI 
        individuals, as does the severe backlog in immigration cases 
        that LGBTI individuals must endure. The lack of legal 
        representation in asylum and refugee adjudication proceedings 
        imposes an often insurmountable barrier to protection and 
        durable resettlement.
            (17) In December 2011, President Barack Obama directed all 
        Federal foreign affairs agencies to ensure that their 
        diplomatic, humanitarian, health and foreign assistance 
        programs take into account the needs of marginalized LGBTI 
        communities and persons.
            (18) In 2015, the Department of State established the 
        position of Special Envoy for the Human Rights of LGBTI 
        Persons. In 2017, the Trump Administration indicated to 
        Congress that it will retain this position, which as of the 
        date of the enactment of this Act has still not been filled.
            (19) The President's Emergency Plan for AIDS Relief's 2018 
        Annual Report to Congress states that ``In order to reach 
        epidemic control, we must address the underlying social and 
        cultural issues, especially unequal human rights and stigma and 
        discrimination, that prevent people from accessing HIV 
        prevention and treatment services''.
            (20) The use of United States diplomatic tools, including 
        the Department of State's exchange and speaker programs, to 
        address the human rights needs of marginalized communities has 
        helped inform public debates in many countries regarding the 
        protective responsibilities of any democratic government.
            (21) In 2016, the United Nations Human Rights Council 
        passed a resolution cosponsored by the United States that 
        established an independent expert on violence and 
        discrimination based on sexual orientation and gender identity 
        to help monitor and track discrimination and violence 
        experienced by LGBTI persons around the world.
            (22) 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 July 2017 
        report of the Independent Expert on protection against violence 
        and discrimination based on sexual orientation 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.
            (23) Engaging multilateral fora and international 
        institutions is critical to impacting global norms and to 
        broadening global commitments to fairer standards for the 
        treatment of all people, including LGBTI. The United States 
        must remain a leader in the United Nations system and has a 
        vested interest in the success of that multilateral engagement.
            (24) Ongoing United States leadership in the Equal Rights 
        Coalition, which is a new intergovernmental coalition of more 
        than 40 governments and leading civil society organizations 
        that work together to protect the human rights of LGBTI people 
        around the world, remains vital to international efforts to 
        respond to violence and impunity.
            (25) Those who represent the United States abroad, 
        including our diplomats, development specialists and military, 
        should reflect the diversity of our country and honor America's 
        call to equality, including through proud and open service 
        abroad by LGBTI Americans and those living with HIV.

SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTIVATED VIOLENCE AGAINST 
              LGBTI PEOPLE ABROAD.

    (a) Information To Include in Annual Country Reports on Human 
Rights Practices.--The Foreign Assistance Act of 1961 is amended--
            (1) in section 116(d) (22 U.S.C. 2151n(d))--
                    (A) in paragraph (11)(C), by striking ``and'' at 
                the end;
                    (B) in paragraph (12)(C)(ii), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(13) wherever applicable, violence or discrimination that 
        affects fundamental freedoms, including widespread or 
        systematic violation of the freedoms of expression, 
        association, or assembly of an individual in foreign countries 
        that is based on actual or perceived sexual orientation, gender 
        identity, or sex characteristics.''; and
            (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting 
        after the ninth sentence the following new sentence: ``Wherever 
        applicable, such report shall also include information 
        regarding violence or discrimination that affects the 
        fundamental freedoms, including widespread or systematic 
        violation of the freedoms of expression, association, or 
        assembly of an individual in foreign countries that is based on 
        actual or perceived sexual orientation, gender identity, or sex 
        characteristics.''.
    (b) Review at Diplomatic and Consular Posts.--
            (1) In general.--In preparing the annual country reports on 
        human rights practices required by section 116 or 502B of the 
        Foreign Assistance Act of 1961, as amended by subsection (a), 
        the Secretary of State shall obtain information from each 
        diplomatic and consular post with respect to the following:
                    (A) Incidents of violence against LGBTI people in 
                the country in which such post is located.
                    (B) An analysis of the factors enabling or 
                aggravating such incidents, such as government policy, 
                societal pressure, or external actors.
                    (C) The response, whether public or private, of the 
                personnel of such post with respect to such incidents.
            (2) Addressing bias-motivated violence.--The Secretary 
        shall include in the annual strategic plans of the regional 
        bureaus concrete diplomatic strategies, programs, and policies 
        to address bias-motivated violence using information obtained 
        pursuant to paragraph (1), such as programs to build capacity 
        among civil society or governmental entities to document, 
        investigate, and prosecute instances of such violence and 
        provide support to victims of such violence.
    (c) Interagency Group.--
            (1) Establishment.--There is established an interagency 
        group on responses to urgent threats to LGBTI people in foreign 
        countries (in this subsection referred to as the ``interagency 
        group''), that shall be chaired by the Secretary of State and 
        include the Secretary of Defense, the Secretary of the 
        Treasury, the Administrator of the United States Agency for 
        International Development, the Attorney General, and the head 
        of each other Federal department 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 participating 
                agency with respect to threats directed towards LGBTI 
                populations in other countries;
                    (B) develop longer-term approaches to policy 
                developments and incidents negatively impacting the 
                LGBTI 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 policies, at 
                the Federal, State, and local levels, that affirm the 
                equality of LGBTI persons; and
                    (E) use such identified laws and policies to 
                develop diplomatic strategies to share the expertise 
                obtained from the implementation of such laws and 
                policies with appropriate officials of countries where 
                LGBTI persons do not enjoy equal protection under the 
                law.
    (d) Special Envoy for the Human Rights of LGBTI Peoples.--
            (1) Establishment.--The Secretary of State shall establish 
        in the Bureau of Democracy, Human Rights, and Labor (DRL) of 
        the Department of State a permanent Special Envoy for the Human 
        Rights of LGBTI 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.
            (2) Purpose.--The Special Envoy shall direct efforts of the 
        United States Government relating to United States foreign 
        policy, as directed by the Secretary, regarding human rights 
        abuses against LGBTI people and communities internationally and 
        the advancement of human rights for LGBTI people, and shall 
        represent the United States internationally in bilateral and 
        multilateral engagement on such matters.
            (3) Duties.--
                    (A) In general.--The Special Envoy--
                            (i) shall serve as the principal advisor to 
                        the Secretary of State regarding human rights 
                        for LGBTI people internationally;
                            (ii) shall, notwithstanding any other 
                        provision of law, direct activities, policies, 
                        programs, and funding relating to the human 
                        rights of LGBTI people and the advancement of 
                        LGBTI 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;
                            (iii) shall represent the United States in 
                        diplomatic matters relevant to the human rights 
                        of LGBTI people, including criminalization, 
                        discrimination, and violence against LGBTI 
                        people internationally;
                            (iv) shall direct, as appropriate, United 
                        States Government resources to respond to needs 
                        for protection, integration, resettlement, and 
                        empowerment of LGBTI people in United States 
                        Government policies and international programs, 
                        including to prevent and respond to 
                        criminalization, discrimination, and violence 
                        against LGBTI people internationally;
                            (v) shall design, support, and implement 
                        activities regarding support, education, 
                        resettlement, and empowerment of LGBTI people 
                        internationally, including for the prevention 
                        and response to criminalization, 
                        discrimination, and violence against LGBTI 
                        people internationally;
                            (vi) shall lead interagency coordination 
                        between the foreign policy priorities related 
                        to the human rights of LGBTI people and the 
                        development assistance priorities of the LGBTI 
                        Coordinator of the United States Agency for 
                        International Development;
                            (vii) shall conduct regular consultation 
                        with nongovernmental organizations working to 
                        prevent and respond to criminalization, 
                        discrimination, and violence against LGBTI 
                        people internationally;
                            (viii) shall ensure that programs, 
                        projects, and activities of the Department of 
                        State and the United States Agency for 
                        International Development designed to prevent 
                        and respond to criminalization, discrimination, 
                        and violence against LGBTI people 
                        internationally 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; 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, including 
                        criminalization, discrimination, and violence 
                        against LGBTI people internationally.
    (e) Training at International Law Enforcement Academies.--The 
President shall ensure that any international law enforcement academy 
supported by United States assistance shall provide training with 
respect to the rights of LGBTI people, including through specialized 
courses highlighting best practices in the documentation, 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 thereafter, the President shall 
transmit to the appropriate congressional 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 respect to 
        persons based on actual or perceived sexual orientation, gender 
        identity, or sex characteristics--
                    (A) cruel, inhuman, or degrading treatment 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 foreign person 
        in a matter relating to an activity described 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.--
            (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 Immigration 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 
                        inclusion of such person in such annex, would 
                        not undermine the overall purpose of this 
                        section to publicly identify foreign persons 
                        engaging in the conduct described in subsection 
                        (a)(1) in order to increase accountability 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 continuing to include 
                each foreign person in the classified annex despite the 
                existence of any publicly available credible 
                information indicating that the foreign person engaged 
                in an activity described in paragraph (1) or (2) of 
                subsection (a).
            (2) Updates.--The President shall transmit to the 
        appropriate congressional committees an update of the list 
        required by subsection (a) as new information 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 congressional 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 appropriately 
                for the activity in which the person engaged; or
                    (C) the person has credibly demonstrated a 
                significant change in behavior, has paid an appropriate 
                consequence for the activities in which the person 
                engaged, and has credibly committed to not engage in an 
                activity described in paragraph (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 appropriate congressional committees in determining 
        whether to include a foreign person on the list required by 
        subsection (a).
            (2) Requests.--Not later than 120 days after receiving a 
        written request from the Chair or Ranking Member of one of the 
        appropriate congressional committees with respect to whether a 
        foreign person meets the criteria for being added to the list 
        required by subsection (a), the President shall transmit a 
        response to that Chair or Ranking Member, as the case may be, 
        with respect to the President's determination 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 relevant Chair or Ranking Member any 
        information that contributed to such decision.
            (4) Form.--The President may transmit a response 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 Immigration 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 documentation 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 Homeland Security shall prescribe such 
        regulations as are necessary to carry out this subsection.
    (g) Sense of Congress With Respect to Additional 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 subsection (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 Security.--
            (1) In general.--The President may waive the application of 
        subsection (e), (f), or (g) with respect 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 the United Nations 
                and the United States of America regarding the 
                Headquarters of the United Nations, signed June 26, 
                1947, and entered 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 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 subsection (a) during 
                the year preceding each report, the dates on which 
                those persons were added or removed, and the reasons 
                for adding or removing those persons; and
                    (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 appropriate, 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 Individuals.--Section 
212(a)(2) of the Immigration and Nationality 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 foreign government, was 
                responsible for or directly 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, 
expression, 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 subsection (a) shall 
include the following:
            (1) An examination of the full range of criminal and civil 
        laws of other countries that disproportionately impact 
        communities of LGBTI individuals or apply with respect to the 
        conduct of LGBTI individuals.
            (2) In consultation with the Attorney General, a list of 
        countries in each geographic region with respect to which--
                    (A) the Attorney General, acting through the Office 
                of Overseas Prosecutorial Development Assistance and 
                Training of the Department of Justice, shall prioritize 
                programs seeking to--
                            (i) decriminalize the status, expression, 
                        and conduct of LGBTI individuals;
                            (ii) monitor the trials of those prosecuted 
                        because of such status, expression, or conduct; 
                        and
                            (iii) reform related laws having a 
                        discriminatory impact on LGBTI individuals; and
                    (B) applicable speaker or exchange programs 
                sponsored by the United States Government shall bring 
                together civil society and governmental leaders to 
                promote the recognition of LGBTI rights through 
                educational exchanges in the United States and support 
                better understanding 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.--
            (1) In general.--The Secretary of State shall establish a 
        fund, to be known as the ``Global Equality Fund'', to be 
        managed by the Assistant Secretary of the Bureau of Democracy, 
        Human Rights and Labor, consisting of such sums as may be 
        appropriated to provide grants, emergency assistance, and 
        technical assistance to eligible civil society organizations 
        and human rights defenders working to advance 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 unnecessary 
                interventions performed on intersex infants.
                    (C) Advocating against laws that criminalize LGBTI 
                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, education, 
                and other public institutions or services.
                    (E) Building community awareness and support for 
                the human rights of LGBTI persons.
            (2) Contributions.--The Secretary may accept financial and 
        technical contributions from corporations, bilateral donors, 
        foundations, nongovernmental 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 historically been excluded from programs 
        undertaken for the outcomes described in paragraph (1).
    (b) LGBTI Global Development Partnership.--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 corporations, bilateral 
donors, foundations, nongovernmental organizations, and universities to 
support the human rights and development of LGBTI persons around the 
world by supporting programs, projects, and activities for the 
following purposes:
            (1) To strengthen the capacity of LGBTI leaders and civil 
        society organizations.
            (2) To train LGBTI leaders to effectively participate in 
        democratic processes and lead civil institutions.
            (3) To conduct research to inform national, regional, or 
        global policies and programs.
            (4) To promote economic empowerment through enhanced LGBTI 
        entrepreneurship and business development.
    (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 
Development 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 report 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.
    (e) Limitation on Assistance Relating to Equal Access.--
            (1) In general.--None of the amounts authorized to be 
        appropriated or otherwise made available to provide United 
        States assistance for any humanitarian, 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, except 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 subgrantee 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, including such 
                additional penalties as the Secretary of State may 
                determine to be appropriate, if the recipient is not 
                able to adhere to the requirement described in 
                subparagraph (A).
            (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 
implemented in a way that equitably serves LGBTI people in accordance 
with the goals described in section 6(e), including 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 
encountered by a foreign government or contractor, grantee, or 
implementing partner in the effort to equitably implement 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 
congressional committees a report describing the manner in which 
commodities such as condoms provided by programs, 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 
criminalizing sex work or consensual sexual activity.
    (c) Report on HIV/AIDS-Related Index Testing.--Not later than 180 
days after the date of the enactment of this Act, the Coordinator shall 
submit to the appropriate congressional committees a report describing 
the impact of partner notification services and index testing on 
treatment adherence, intimate partner violence, and exposure to the 
criminal justice system for key populations, including LGBTI people and 
sex workers, using qualitative 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 assistance 
                solely on the basis of health or medical services, 
                including counseling and referral services, provided by 
                such organizations solely using funds not provided by 
                the United States Government, 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 relating to such activities 
                that also apply to United States nongovernmental 
                organizations receiving assistance authorized under 
                such part I.
            (2) Conforming amendments to pepfar authorization.--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 subsection 
                (d).
            (3) Conforming amendments to the allocation of funds by the 
        global aids coordinator.--Section 403(a) of the United States 
        Leadership Against HIV/AIDS, Tuberculosis, and Malaria 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 inserting 
                        ``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 strategy.--'' 
                        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 authorization.--Section 
        113 of the Trafficking Victims 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) 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 purposes of determinations under this Act, a person who 
        has been persecuted on the basis of sexual orientation or 
        gender identity, shall be deemed to have been persecuted on 
        account of membership in a particular 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 Immigration 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 persecution 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.--
                    (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 
                                inserting ``notwithstanding 
                                subparagraph (C)'';
                                    (II) by striking ``either'' after 
                                ``Attorney General''; and
                                    (III) by striking ``or 
                                extraordinary 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 inserting 
                        ``Subparagraph (A)''.
                    (C) Application.--The amendments made by this 
                paragraph shall apply to applications for asylum filed 
                before, on, or after the date of the 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 include''; and
            (2) by adding at the end the following:
    ``(53) The term `marriage' includes a permanent partnership.
    ``(54) The term `permanent partner' means an individual 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 individuals; and
            ``(E) is not a first-, second-, or third-degree blood 
        relation of the other individual.
    ``(55) The term `permanent partnership' means the relationship that 
exists between two 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
                    (C) by adding at the end the following:
                    ``(D) notwithstanding subparagraph (A), in a case 
                in which an indigent alien requests representation, 
                such representation shall be appointed by the court, at 
                the expense of the Government, 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 representation shall be 
appointed by the court, at the expense of the Government, for the 
proceedings described in subsection (a).
    ``(c) In an interview relating to admission under section 207, an 
alien shall have the privilege of being represented, at no expense to 
the Government, by such counsel, 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 nationality, 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 Immigration and 
                Nationality Act discloses to an employee or contractor 
                of the Bureau of Population, 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 
                information 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 training program for staff and translators who 
        participate in the interview process of aliens seeking asylum 
        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 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 Nationality 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 detained 
                        alien who is a member of a vulnerable 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 
                determination, using credible and individualized 
                information, that the use of alternatives to detention 
                will not reasonably assure the appearance 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 detention is the 
                least restrictive means of effectuating 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 removal, 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 
                        immediately 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 paragraph (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 detained under such subparagraph.
                    (B) Release.--In the case of a determination 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 Secretary shall release the 
                detainee.
    (g) Protective Custody for LGBTI Alien Detainees.--
            (1) Detainees.--An LGBTI alien who is detained under 
        subparagraph (B) or (C) of subsection (f)(1) may not be placed 
        in housing that is segregated 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 alternatives, that there 
                is no available alternative means of separation from 
                likely abusers.
            (2) Placement factors.--In a case in which an LGBTI alien 
        is placed in segregated housing pursuant to paragraph (1), the 
        Secretary of Homeland Security shall ensure that such housing--
                    (A) includes non-LGBTI aliens, to the extent 
                practicable; and
                    (B) complies with any applicable court order for 
                the protection of LGBTI aliens.
            (3) Protective custody requests.--In a case in which an 
        LGBTI alien who is detained requests placement in segregated 
        housing for the protection of such alien, the Secretary of 
        Homeland Security shall grant such request.
    (h) Sense of Congress.--It is the sense of Congress 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. ENGAGING INTERNATIONAL ORGANIZATIONS IN THE FIGHT AGAINST LGBTI 
              DISCRIMINATION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should be a leader in efforts by the 
        United Nations to ensure that human rights norms, development 
        principles, and political rights are fully inclusive of LGBTI 
        people;
            (2) United States leadership within international financial 
        institutions, such as the World Bank and the regional 
        development banks, should be used to ensure that the programs, 
        projects, and activities undertaken by such institutions are 
        fully inclusive of all people, including LGBTI people; and
            (3) the Secretary of State should seek appropriate 
        opportunities to encourage the equal treatment of LGBTI people 
        during discussions with or participation in the full range of 
        regional, multilateral, and international fora, such as the 
        Organization of American States, the Organization for Security 
        and Cooperation in Europe, the European Union, the African 
        Union, and the Association of South East Asian Nations.
    (b) Action Through the Equal Rights Coalition.--The Secretary of 
State shall promote diplomatic coordination through the Equal Rights 
Coalition, established in July 2016 at the Global LGBTI Human Rights 
Conference in Montevideo, Uruguay, and other multilateral mechanisms, 
to achieve the goals and outcomes described in subsection (a).

SEC. 10. REPRESENTING THE RIGHTS OF UNITED STATES LGBTI CITIZENS 
              DEPLOYED TO DIPLOMATIC AND CONSULAR POSTS.

    (a) Sense of Congress.--It is the sense of Congress that, 
recognizing the importance of a diverse workforce in the representation 
of the United States abroad, and in support of sound personnel staffing 
policies, the Secretary of State should--
            (1) prioritize efforts to ensure that foreign governments 
        do not impede the assignment of United States LGBTI citizens 
        and their families to diplomatic and consular posts; and
            (2) open conversations with entities in the United States 
        private sector that engage in business in other countries to 
        the extent necessary to address any visa issues faced by such 
        private sector entities with respect to their LGBTI employees.
    (b) Remedies for Family Visa Denial.--
            (1) In general.--The Secretary of State shall use all 
        appropriate diplomatic efforts to ensure that the families of 
        LGBTI employees of the Department are issued visas from 
        countries where such employees are posted.
            (2) List required.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of State shall 
        submit to Congress--
                    (A) a classified list of each country that has 
                refused to grant accreditation to LGBTI employees of 
                the Department or their family members in the prior two 
                years; and
                    (B) the actions taken or intended to be taken by 
                the Secretary, in accordance with paragraph (1), to 
                ensure that LGBTI employees are appointed to 
                appropriate positions in accordance with diplomatic 
                needs and personnel qualifications, including actions 
                specifically relating to securing the accreditation of 
                the families of such employees by relevant countries.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) LGBTI.--The term ``LGBTI'' means lesbian, gay, 
        bisexual, transgender, or intersex.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on the Judiciary, and the Committee on Appropriations 
                of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on the Judiciary, and the Committee on 
                Appropriations of the Senate.
            (3) Member of a vulnerable group.--The term ``member of a 
        vulnerable group'' means, with respect to an alien, that such 
        alien--
                    (A) is under 21 years of age or over 60 years of 
                age;
                    (B) is pregnant;
                    (C) identifies as lesbian, gay, bisexual, 
                transgender, or intersex;
                    (D) is victim or witness of a crime;
                    (E) has filed a nonfrivolous civil rights claim in 
                Federal or State court;
                    (F) has a serious mental or physical illness or 
                disability;
                    (G) has been determined by an asylum officer in an 
                interview conducted under section 235(b)(1)(B) to have 
                a credible fear of persecution; or
                    (H) has been determined by an immigration judge or 
                the Secretary of Homeland Security to be experiencing 
                severe trauma or to be a survivor of torture or gender-
                based violence, based on information obtained during 
                intake, from the alien's attorney or legal service 
                provider, or through credible self-reporting.
                                 <all>