[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3004 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 3004

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2019

 Mr. Markey (for himself, Mrs. Shaheen, Mr. Merkley, Ms. Baldwin, Ms. 
Klobuchar, and Mr. Casey) introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) 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''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Documenting and responding to bias-motivated violence against 
                            LGBTI people abroad.
Sec. 5. Sanctions on individuals responsible for violations of human 
                            rights against LGBTI people.
Sec. 6. Combating international criminalization of LGBTI status, 
                            expression, or conduct.
Sec. 7. Foreign assistance to protect human rights of LGBTI people.
Sec. 8. Global health inclusivity.
Sec. 9. Immigration reform.
Sec. 10. Engaging international organizations in the fight against 
                            LGBTI discrimination.
Sec. 11. Representing the rights of United States LGBTI citizens 
                            deployed to diplomatic and consular posts.

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 who 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, which 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 Department of State, 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 reveal their sexual identity 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) 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. In 2013, the Supreme Court held 
        that this requirement is unconstitutional as it applies to 
        United States nongovernmental organizations and their foreign 
        affiliates.
            (10) According to the Trans Murder Monitoring Project, 
        which monitors homicides of transgender individuals, there were 
        at least 369 cases of reported killings of transgender and 
        gender-diverse people between October 2017 and September 2018, 
        which represents an increase compared to previous years.
            (11) 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 and in violation of international human 
        rights standards.
            (12) 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.
            (13) 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.
            (14) In 2015, the Department of State established the 
        position of Special Envoy for the Human Rights of LGBTI 
        Persons.
            (15) 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.
            (16) 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.
            (17) 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.
            (18) 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. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--Except as 
        provided in section 5, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (E) the Committee on the Judiciary of the House of 
                Representatives; and
                    (F) the Committee on Appropriations of the House of 
                Representatives.
            (2) LGBTI.--The term ``LGBTI'' means lesbian, gay, 
        bisexual, transgender, or intersex.
            (3) Member of a vulnerable group.--The term ``member of a 
        vulnerable group'' means an alien who--
                    (A) is younger than 21 years of age or older than 
                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 
                a 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) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1225(b)(1)(B)) to have a credible fear of persecution; 
                or
                    (H) has been determined by an immigration judge or 
                by 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.

SEC. 4. 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 (22 U.S.C. 2151 
et seq.) 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:
            ``(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: ``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 under section 116 or 502B of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304), 
        as amended by subsection (a), the Secretary of State shall 
        obtain information from each diplomatic and consular post with 
        respect to--
                    (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; and
                    (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 (referred to in this subsection as the ``interagency 
        group''), which shall be chaired by the Secretary of State and 
        shall 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--
                    (A) to coordinate the responses of each 
                participating agency with respect to threats directed 
                towards LGBTI populations in other countries;
                    (B) to develop longer-term approaches to policy 
                developments and incidents negatively impacting the 
                LGBTI populations in specific countries;
                    (C) to advise the President on the designation of 
                foreign persons for sanctions pursuant to section 5;
                    (D) to identify United States laws and policies, at 
                the Federal, State, and local levels, that affirm the 
                equality of LGBTI persons; and
                    (E) to 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 of the 
        Department of State a permanent Special Envoy for the Human 
        Rights of LGBTI Peoples (referred to in this subsection as the 
        ``Special Envoy''), who shall be appointed by the President. 
        The Special Envoy shall report directly to the Assistant 
        Secretary for Democracy, Human Rights, and Labor.
            (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) notwithstanding any other provision of 
                        law, shall 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. 5. 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 
submit a list to the appropriate congressional committees that 
identifies each foreign person who 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 under subsection (a) shall be 
        submitted 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 under 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 
under 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 under 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 under subsection (a), the President shall submit 
        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 a foreign person who 
        had been included in the list required under subsection (a) 
        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 submit a response required 
        under paragraph (2) or (3) in classified form if the President 
        determines that such form is necessary to protect the national 
        security interests of the United States.
    (e) Inadmissibility of Certain Individuals.--
            (1) Ineligibility for visas and admission to the united 
        states.--A foreign person included on the list required under 
        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. 
                1101 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), in accordance with section 221(i) of the 
                Immigration and Nationality Act (8 U.S.C. 1201(i)), 
                shall revoke any visa or other entry documentation 
                issued to a foreign person included on the list 
                required under 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) Rulemaking.--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 included on the list required under 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 on the list required under 
                subsection (a) if the President determines and submits 
                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 subparagraph (A)(ii) shall be 
                submitted not later than 15 days before the granting of 
                such waiver.
    (f) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act and annually thereafter, the President, 
acting through the Secretary of State, shall submit a report to the 
appropriate congressional committees that describes--
            (1) the actions taken to carry out this section, 
        including--
                    (A) the number of foreign persons added to or 
                removed from the list required under 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 for such 
                actions; 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 of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on the Judiciary of the Senate;
                    (E) the Committee on Armed Services of the House of 
                Representatives;
                    (F) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (G) the Committee on Homeland Security of the House 
                of Representatives; and
                    (H) the Committee on the Judiciary of the House of 
                Representatives.
            (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:
                    ``(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. 6. 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 during the course of annual strategic 
planning, shall include an examination of--
            (1) the progress made in countries around the world toward 
        the decriminalization of the status, expression, and conduct of 
        LGBTI individuals;
            (2) the obstacles that remain toward achieving such 
        decriminalization; and
            (3) the strategies available to the Department and the 
        Agency to address such obstacles.
    (b) Elements.--The examination described in subsection (a) shall 
include--
            (1) 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; and
            (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--
                            (i) to decriminalize the status, 
                        expression, and conduct of LGBTI individuals;
                            (ii) to monitor the trials of those 
                        prosecuted because of such status, expression, 
                        or conduct; and
                            (iii) to reform related laws having a 
                        discriminatory impact on LGBTI individuals; and
                    (B) applicable speaker or exchange programs 
                sponsored by the United States Government could bring 
                together civil society and governmental leaders--
                            (i) to promote the recognition of LGBTI 
                        rights through educational exchanges in the 
                        United States; and
                            (ii) to support better understanding of the 
                        role that governments and civil societies 
                        mutually play in assurance of equal treatment 
                        of LGBTI populations in other countries.

SEC. 7. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS OF LGBTI PEOPLE.

    (a) Global Equality Fund.--
            (1) In general.--The Secretary of State shall establish a 
        fund, which shall be known as the ``Global Equality Fund'' and 
        shall be managed by the Assistant Secretary of the Bureau of 
        Democracy, Human Rights, and Labor.
            (2) Funding sources.--
                    (A) In general.--The Global Equality Fund shall 
                consist 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 goals set forth in paragraph (3).
                    (B) Contributions.--The Secretary may accept 
                financial and technical contributions to the Global 
                Equality Fund from corporations, bilateral donors, 
                foundations, nongovernmental organizations, and other 
                entities supporting the goals set forth in paragraph 
                (3).
            (3) Goals.--The goals set forth in this paragraph are--
                    (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; and
                    (E) building community awareness and support for 
                the human rights of LGBTI persons.
            (4) 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 to achieve the goals set forth in paragraph (3).
    (b) LGBTI Global Development Partnership.--
            (1) In general.--The Administrator of the United States 
        Agency for International Development, in consultation with the 
        Secretary of State, shall establish a partnership, which shall 
        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 purposes set forth 
        in paragraph (2).
            (2) Purposes.--The purposes set forth in this paragraph 
        are--
                    (A) strengthening the capacity of LGBTI leaders and 
                civil society organizations;
                    (B) training LGBTI leaders to effectively 
                participate in democratic processes and lead civil 
                institutions;
                    (C) conducting research to inform national, 
                regional, or global policies and programs; and
                    (D) promoting 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 an annual report 
to the appropriate congressional committees that describes the work of, 
successes obtained, and challenges faced by, the Global Equality Fund 
and the LGBTI Global Development Partnership established pursuant to 
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 complies with the requirement under 
                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 does not 
                comply with the requirement under subparagraph (A).
            (2) Quarterly report.--The Secretary of State shall submit 
        a quarterly report to the appropriate congressional committees 
        that describes the methods by which the Department of State 
        monitors compliance with the requirement under paragraph 
        (1)(A).

SEC. 8. GLOBAL HEALTH INCLUSIVITY.

    (a) In General.--The Coordinator of United States Government 
Activities to Combat HIV/AIDS Globally (referred to in this section as 
the ``Coordinator'') shall--
            (1) develop mechanisms to ensure that the implementation of 
        the President's Emergency Plan for AIDS Relief (PEPFAR) 
        equitably serves LGBTI people in accordance with the goals 
        described in section 7(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
            (2) 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 section, 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 a report to the 
appropriate congressional committees that describes 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 a report to the appropriate congressional committees that 
describes 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) 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.
            (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 such Act (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).

SEC. 9. IMMIGRATION REFORM.

    (a) 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 who is 18 
years of age or older and--
            ``(A) is in a committed, intimate relationship with another 
        individual who is 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 2 permanent partners.''.
    (b) 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 adding 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)(2) of such Act (8 U.S.C. 
        1103(e)(2)) is amended--
                    (A) by striking ``on the number'' and inserting the 
                following: ``regarding--
            ``(A) the number''; and
                    (B) by striking the period at the end and inserting 
                the following: ``; and
            ``(B) 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) of the 
                Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) 
                is amended--
                            (i) by striking subparagraph (B);
                            (ii) by redesignating subparagraphs (C), 
                        (D), and (E) as subparagraphs (B), (C), and 
                        (D);
                            (iii) in subparagraph (B), as redesignated, 
                        by striking ``subparagraph (D)'' and inserting 
                        ``subparagraph (C)'';
                            (iv) by amending subparagraph (C), as 
                        redesignated, to read as follows:
                    ``(C) Changed circumstances.--Notwithstanding 
                subparagraph (B), an application for asylum of an alien 
                may be considered if the alien demonstrates to the 
                satisfaction of the Attorney General the existence of 
                changed circumstances which materially affect the 
                applicant's eligibility for asylum.''; and
                            (v) in subparagraph (D), as redesignated, 
                        by striking ``Subparagraphs (A) and (B)'' and 
                        inserting ``Subparagraph (A)''.
                    (B) Application.--The amendments made by 
                subparagraph (A) shall apply to applications for asylum 
                filed before, on, or after the date of the enactment of 
                this Act.
    (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 (A), by striking the comma at 
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking ``Act , and'' 
                and inserting ``Act;'';
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(D) notwithstanding subparagraph (A), if 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 such Act (8 U.S.C. 
        1362) is amended--
                    (A) by striking ``In any removal'' and inserting 
                the following:
    ``(a) In General.--In any removal'';
                    (B) in subsection (a), as redesignated, by striking 
                ``he'' and inserting ``the person''; and
                    (C) by adding at the end the following:
    ``(b) Court Appointment.--Notwithstanding subsection (a), if 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) Refugee Proceedings.--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.--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 share common 
        characteristics that identify them as targets of persecution on 
        account of sexual orientation or gender identity are eligible 
        for Priority 2 processing under the refugee resettlement 
        priority system.
            (2) Resettlement processing.--
                    (A) In general.--If a refugee admitted under 
                section 207 of the Immigration and Nationality Act (8 
                U.S.C. 1157) discloses information to an employee or 
                contractor of the Bureau of Population, Refugees, and 
                Migration of the Department of State regarding the 
                refugee's sexual orientation or gender identity, the 
                Secretary of State, with the refugee's consent, shall 
                provide such information to the appropriate national 
                resettlement agency--
                            (i) to prevent the refugee from being 
                        placed in a community in which the refugee is 
                        likely to face continued discrimination; and
                            (ii) to place the refugee in a community 
                        that offers services that 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, in consultation with the Secretary of State, shall 
        establish 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 
        regarding--
                    (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. A pending criminal 
                charge against the alien may not be the sole factor to 
                justify the detention of the alien.
                    (C) Removal.--If 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.--Not less frequently than weekly, 
                the Secretary of Homeland Security shall conduct an 
                individualized review of an alien detained under 
                paragraph (1)(B) to determine whether the alien should 
                continue to be detained under such paragraph.
                    (B) Release.--Not later than 24 hours after the 
                Secretary determines under subparagraph (A) that an 
                alien should not be detained under paragraph (1)(B), 
                the Secretary shall release the alien.
    (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. 10. 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. 11. 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;
            (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; 
        and
            (3) prioritize efforts to improve post and post school 
        information for LGBTI employees and employees with LGBTI family 
        members.
    (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 during the most 
                recent 2-year period; 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.
    (c) Improving Post Information and Overseas Environment for LGBTI 
Adults and Children.--
            (1) In general.--The Secretary of State shall ensure that 
        LGBTI employees and employees with LGBTI family members have 
        adequate information to pursue overseas postings, including 
        country environment information for adults and children.
            (2) Non-discrimination policies for u.s. government 
        supported schools.--The Secretary shall make every effort to 
        ensure schools abroad that receive assistance and support from 
        the United States Government under programs administered by the 
        Office of Overseas Schools of the Department of State have 
        active and clear nondiscrimination policies, including policies 
        relating to sexual orientation and gender identity impacting 
        LGBTI children of all ages.
            (3) Required information for lgbti children.--The Secretary 
        shall ensure that information focused on LGBTI children of all 
        ages (including transgender and gender nonconforming students) 
        is included in post reports, bidding materials, and Office of 
        Overseas Schools reports, databases, and adequacy lists.
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