[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3874 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3874
To protect human rights and enhance opportunities for LGBTI people
around the world, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2019
Ms. Titus (for herself, Mr. Cicilline, Mr. Lowenthal, Mr. Takano, Mr.
Engel, Ms. Haaland, Ms. Omar, Mrs. Lowey, Mr. Quigley, Mr. Cisneros,
Mr. Huffman, Mr. Pappas, Ms. Schakowsky, Mr. Grijalva, Mr. Espaillat,
Mr. Levin of Michigan, Mr. Swalwell of California, Ms. Pingree, Mr.
Kennedy, Ms. Moore, Mr. Pallone, Ms. Meng, Mr. Gallego, Ms. Scanlon,
Mr. Nadler, Ms. Wexton, Mr. Smith of Washington, Mr. Keating, Mr.
Garcia of Illinois, Ms. Speier, Ms. Judy Chu of California, Ms.
Wasserman Schultz, Mr. Raskin, Mr. Pocan, Ms. Lee of California, Mr.
Johnson of Georgia, Mr. Sean Patrick Maloney of New York, Mr. Trone,
Mr. McGovern, Mr. Himes, Mrs. Napolitano, Ms. Davids of Kansas, Mr.
Schneider, Mr. Gomez, Mr. Kildee, Ms. Hill of California, Ms. Craig,
Mr. Soto, Mr. Sires, Mr. Sherman, Ms. Jayapal, Mr. Malinowski, and Mr.
Delgado) 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 2019'' or the ``GLOBE Act of 2019''.
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 at least 68 countries, or almost 40 percent of the
world, same-sex relations and relationships are criminalized.
Many countries also criminalize or otherwise prohibit cross-
dressing and gender-affirming treatments for transgender
individuals.
(3) 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.
(4) 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,
including murder, rape, torture, death threats, extortion, and
imprisonment, in every region of the world based on sexual
orientation and gender identity. In many instances police,
prison, military, and civilian government authorities have been
directly complicit in abuses aimed at LGBTI citizens.
(5) 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.
(6) Targeted sanctions are an important tool to push for
accountability for violations of the human rights of LGBTI
people.
(7) 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.
(8) 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.
(9) LGBTI populations are disproportionately impacted by
the Mexico City Policy, also widely referred to as the ``global
gag rule'', which has been reinstated and expanded by President
Donald J. Trump. 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.
(10) 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.
(11) According to the Trans Murder Monitoring Project,
which monitors homicides of transgender individuals there were
at least 369 cases of reported killings of trans and gender-
diverse people between October 2017 and September 2018, an
increase over previous years.
(12) 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.
(13) 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.
(14) 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.
(15) In 2015, the Department of State established the
position of Special Envoy for the Human Rights of LGBTI
Persons.
(16) 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.
(17) 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.
(18) Ongoing United States participation 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.
(19) 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 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 such 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 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 foreign person
in a classified, unpublished annex to such list if the
President--
(A) determines that--
(i) it is vital for the national security
interests of the United States to do so; and
(ii) the use of such annex, and the
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) 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 such annex despite the existence
of any publicly available credible information
indicating that each such foreign person engaged in an
activity described in subsection (a).
(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 foreign 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 such person from such list
that--
(A) credible information exists that such person
did not engage in the activity for which the person was
included in such list;
(B) such person has been prosecuted appropriately
for the activity in which such person engaged; or
(C) such person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which such person
engaged, and has credibly committed to not engage in an
activity described in 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 that may meet the criteria to be included on the list required
by subsection (a) may be submitted to the Department of State for
evaluation.
(d) Requests From Chair and Ranking Member of Appropriate
Congressional Committees.--
(1) Consideration of information.--In addition to the
guidance issued pursuant to subsection (c), the President shall
also consider information provided by the Chair or Ranking
Member of each of the appropriate congressional committees in
determining whether to include a foreign person in the list
required by subsection (a).
(2) Requests.--Not later than 120 days after receiving a
written request from the Chair or Ranking Member of one of the
appropriate congressional committees with respect to whether a
foreign person meets the criteria for being included in the
list required by subsection (a), the President shall transmit a
response to such Chair or Ranking Member, as the case may be,
with respect to the President's determination relating to such
foreign person.
(3) Removal.--If the President removes from the list
required by subsection (a) a foreign person that had been
included in such list pursuant to a request under paragraph
(2), the President shall provide to the relevant Chair or
Ranking Member of one of the appropriate congressional
committees 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) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--A foreign person on the list required by subsection
(a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. et
seq.).
(2) Current visas revoked.--
(A) In general.--The issuing consular officer or
the Secretary of State (or a designee of the Secretary
of State), shall, in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry documentation issued to
a foreign person on the list required by subsection (a)
regardless of when the visa or other entry
documentation is issued.
(B) Effect of revocation.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
foreign person's possession.
(C) Regulations required.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of State shall prescribe such regulations as
are necessary to carry out this subsection.
(D) Exception to comply with international
obligations.--Sanctions under this subsection shall not
apply with respect to a foreign person if admitting or
paroling such person into the United States is
necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success, June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(3) 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.
(4) Waivers in the interest of national security.--
(A) In general.--The President may waive the
application of paragraph (1) or (2) with respect to a
foreign person included in the list required by
subsection (a) if the President determines and
transmits to the appropriate congressional committees
notice and justification, that such a waiver--
(i) 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
(ii) is in the national security interests
of the United States.
(B) Timing of certain waivers.--A waiver pursuant
to a determination under clause (ii) of subparagraph
(A) shall be transmitted not later than 15 days before
the granting of such waiver.
(f) Report to Congress.--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 such report, the dates on which
such persons were so added or removed, and the reasons
for so adding or removing such persons; and
(B) an analysis that compares increases or
decreases in the number of such persons added or
removed year-over-year and the reasons 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.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
the Judiciary of the Senate.
(2) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(3) Person.--The term ``person'' has the meaning given such
term in section 591.308 of title 31, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).
(h) 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>