[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4050 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4050

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2023

  Ms. Titus (for herself, Ms. Dean of Pennsylvania, Mr. Connolly, Ms. 
 Williams of Georgia, Ms. Clarke of New York, Mr. Cohen, Mr. Torres of 
 New York, Mr. Pocan, Mr. Allred, Mr. Sherman, Mr. Kim of New Jersey, 
   Ms. Sanchez, Ms. Wasserman Schultz, Ms. Barragan, Ms. Jacobs, Mr. 
 Panetta, Ms. Lee of California, Mr. Huffman, Mr. Costa, Mr. Green of 
Texas, Mr. McGovern, Mr. Quigley, Mrs. Watson Coleman, Mr. Kildee, Ms. 
   Norton, Mr. Castro of Texas, Mr. Robert Garcia of California, Mr. 
 Gomez, Ms. Leger Fernandez, Mrs. Napolitano, Ms. Tokuda, Ms. Pingree, 
    Mr. Bera, Mrs. McClellan, Ms. Lee of Nevada, Mr. Schneider, Mr. 
 Keating, Ms. Omar, Ms. Strickland, Ms. Jayapal, Mr. Lynch, Ms. Meng, 
 Ms. Scanlon, Ms. Davids of Kansas, Ms. Kamlager-Dove, Mr. Levin, Mr. 
   Gottheimer, Mr. Schiff, Ms. Chu, Mr. Moulton, Mr. DeSaulnier, Ms. 
    Crockett, Ms. Brownley, Mr. Johnson of Georgia, and Ms. Balint) 
 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 LGBTQI 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 2023'' or the ``GLOBE Act of 2023''.

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, queer, and 
        intersex (LGBTQI) peoples in an overwhelming majority of 
        countries around the world, where LGBTQI people face violence, 
        hatred, bigotry, and discrimination because of who they are and 
        whom they love.
            (2) In at least 67 countries, or roughly 35 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 LGBTQI 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 LGBTQI citizens.
            (5) As documented by the State Department, LGBTQI 
        individuals are subjected in many countries to capricious 
        imprisonment, loss of employment, housing, access to health 
        care, societal stigma, and discrimination. LGBTQI-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 LGBTQI 
        people.
            (7) Anti-LGBTQI laws and discrimination pose significant 
        risks for LGBTQI 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 LGBTQI youth.
            (8) Anti-LGBTQI laws also increase global health risks. 
        Studies have shown that when LGBTQI people, especially LGBTQI 
        youth, face discrimination, they are less likely to seek HIV 
        testing, prevention, and treatment services.
            (9) LGBTQI populations are disproportionately impacted by 
        the Mexico City Policy, also widely referred to as the ``global 
        gag rule''. LGBTQI people often receive much of their health 
        care 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 LGBTQI 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 LGBTQI 
        individuals, and many sex-worker-led programs and clinics serve 
        the LGBTQI 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 327 cases of reported killings of trans and gender-
        diverse people between October 1, 2021, and September 30, 2022.
            (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 LGBTQI 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. LGBTQI 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) The global COVID-19 pandemic has exacerbated 
        inequalities that LGBTQI individuals face, including access to 
        health care, stigma, and discrimination, undermining LGBTQI 
        rights around the world.
            (15) 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 LGBTQI 
        communities and persons.
            (16) In 2015, the Department of State established the 
        position of Special Envoy for the Human Rights of LGBTQI 
        Persons.
            (17) In 2021, President Joseph Biden issued the Memorandum 
        on Advancing the Human Rights of Lesbian, Gay, Bisexual, 
        Transgender, Queer, and Intersex Persons Around the World, 
        which stated that it is the policy of the United States to 
        pursue an end to violence and discrimination on the basis of 
        sexual orientation, gender identity or expression, or sex 
        characteristics and called for United States global leadership 
        on LGBTQI rights.
            (18) In Bostock v. Clayton County, the Supreme Court held 
        that title VII of the Civil Rights Act of 1964 prohibits 
        discrimination on the basis of gender identity and sexual 
        orientation. On January 20, 2021, President Biden issued 
        Executive Order 13988 to enforce Bostock, which orders all 
        agency heads to determine the additional steps they should take 
        to ensure that administration policies are fully implemented 
        consistent with Bostock, including the Secretary of State and 
        the Administrator of USAID.
            (19) 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.
            (20) Inclusion of human rights protections for LGBTQI 
        individuals in United States trade agreements, as in the United 
        States-Mexico-Canada Agreement, and trade preference programs 
        is intended both to ensure a level playing field for United 
        States business and to provide greater workplace protections 
        overseas, compatible with those of the United States.
            (21) 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 LGBTQI people. The United 
        States must remain a leader in the United Nations system and 
        has a vested interest in the success of that multilateral 
        engagement.
            (22) 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 
        LGBTQI people around the world, remains vital to international 
        efforts to respond to violence and impunity.
            (23) Those who represent the United States abroad, 
        including our diplomats, development specialists and military, 
        should reflect the diversity of our country and honor the 
        United States call to equality, including through proud and 
        open service abroad by LGBTQI United States citizens and those 
        living with HIV.

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

    (a) Information Required To Be Included in Annual Country Reports 
on Human Rights Practices.--
            (1) Section 116.--Section 116(d) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151n(d)) is amended--
                    (A) in paragraph (11)(C), by striking ``; and'' and 
                inserting a semicolon;
                    (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, the nature and extent of 
        criminalization, discrimination, and violence by state and non-
        state actors based on sexual orientation or gender identity, as 
        those terms are defined in section 12 of the GLOBE Act of 2023, 
        or sex characteristics, including an identification of those 
        countries that have adopted laws or constitutional provisions 
        that criminalize or discriminate based on sexual orientation, 
        gender identity, or sex characteristics, including descriptions 
        of such laws and provisions.''.
            (2) Section 502b.--Section 502B of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2304) is amended--
                    (A) by redesignating the second subsection (i) 
                (relating to child marriage status) as subsection (j); 
                and
                    (B) by adding at the end the following new 
                subsection:
    ``(k) Sexual Orientation, Gender Identity, and Sex 
Characteristics.--The report required under subsection (b) shall 
include, wherever applicable, the nature and extent of criminalization, 
discrimination, and violence by state and non-state actors based on 
sexual orientation or gender identity, as those terms are defined in 
section 12 of the GLOBE Act of 2023, or sex characteristics, including 
an identification of those countries that have adopted laws or 
constitutional provisions that criminalize or discriminate based on 
sexual orientation, gender identity, or sex characteristics, including 
descriptions of such laws and provisions.''.
    (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 LGBTQI 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 LGBTQI 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 LGBTQI 
                populations in other countries;
                    (B) develop longer-term approaches to policy 
                developments and incidents negatively impacting the 
                LGBTQI 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 LGBTQI 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 
                LGBTQI persons do not enjoy equal protection under the 
                law.
    (d) Special Envoy for the Human Rights of LGBTQI 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 LGBTQI Peoples (in this section referred to as the 
        ``Special Envoy''), who--
                    (A) shall be appointed by the President; and
                    (B) shall report directly to the Assistant 
                Secretary for Democracy, Human Rights, and Labor.
            (2) Rank.--The President may appoint the Special Envoy at 
        the rank of Ambassador, by and with the advice and consent of 
        the Senate.
            (3) 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 LGBTQI people and communities internationally 
        and the advancement of human rights for LGBTQI people, and 
        shall represent the United States internationally in bilateral 
        and multilateral engagement on such matters.
            (4) Duties.--The Special Envoy shall--
                    (A) serve as the principal advisor to the Secretary 
                of State regarding human rights for LGBTQI people 
                internationally;
                    (B) notwithstanding any other provision of law, 
                direct activities, policies, programs, and funding 
                relating to the human rights of LGBTQI people and the 
                advancement of LGBTQI 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;
                    (C) represent the United States in diplomatic 
                matters relevant to the human rights of LGBTQI people, 
                including criminalization, discrimination, and violence 
                against LGBTQI people internationally;
                    (D) direct, as appropriate, United States 
                Government resources to respond to needs for 
                protection, integration, resettlement, and empowerment 
                of LGBTQI people in United States Government policies 
                and international programs, including to prevent and 
                respond to criminalization, discrimination, and 
                violence against LGBTQI people internationally;
                    (E) design, support, and implement activities 
                regarding support, education, resettlement, and 
                empowerment of LGBTQI people internationally, including 
                for the prevention and response to criminalization, 
                discrimination, and violence against LGBTQI people 
                internationally;
                    (F) lead interagency coordination between the 
                foreign policy priorities related to the human rights 
                of LGBTQI people and the development assistance 
                priorities of the LGBTQI Coordinator of the United 
                States Agency for International Development;
                    (G) conduct regular consultation with 
                nongovernmental organizations working to prevent and 
                respond to criminalization, discrimination, and 
                violence against LGBTQI people internationally; and
                    (H) represent the United States in bilateral and 
                multilateral fora on matters relevant to the human 
                rights of LGBTQI people internationally, including 
                criminalization, discrimination, and violence against 
                LGBTQI 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 LGBTQI 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.
    (f) Senior LGBTQI Coordinator.--The Administrator of the United 
States Agency for International Development shall establish a permanent 
Senior LGBTQI Coordinator who shall be appointed by the Administrator 
and will coordinate across the agency with respect to LGBTQI inclusive 
development programming.

SEC. 4. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN 
              RIGHTS AGAINST LGBTQI PEOPLE.

    (a) In General.--Not later than 180 days after the date of 
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) torture or 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; or
            (2) acted as an agent of or on behalf of a foreign person 
        in a matter relating to 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;
                    (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); or
                    (D) removal of such sanctions is in the vital 
                national security interests of the United States.
    (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 1 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 1 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), and each immediate family member of such person, 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) 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), and any visa or other entry documentation issued 
                to any immediate family member of such person, 
                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 enactment of this Act, the Secretary 
                of State shall prescribe such regulations as are 
                necessary to carry out this subsection.
            (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) Exceptions.--
                    (A) Exception with respect to national security.--
                This section shall not apply with respect to--
                            (i) activities subject to the reporting 
                        requirements under title V of the National 
                        Security Act of 1947 (50 U.S.C. 3091 et seq.); 
                        or
                            (ii) any authorized intelligence or law 
                        enforcement activities of the United States.
                    (B) 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.
                    (C) Exception for certain immediate family 
                members.--
                            (i) In general.--A covered individual shall 
                        not be subject to sanctions under this section 
                        if the President certifies to the appropriate 
                        congressional committees, in accordance with 
                        clause (ii), that such individual has a 
                        reasonable fear of persecution based on--
                                    (I) actual or perceived sexual 
                                orientation, gender identity, or sex 
                                characteristics;
                                    (II) race, religion, or 
                                nationality; or
                                    (III) political opinion or 
                                membership in a particular social 
                                group.
                            (ii) Determination and certification.--A 
                        certification under clause (i) shall be made 
                        not later than 30 days after the date of the 
                        determination required by such clause. Any 
                        proceedings relating to such determination 
                        shall not be publicly available.
                            (iii) Covered individual.--For purposes of 
                        this subparagraph, the term ``covered 
                        individual'' means an individual who is an 
                        immediate family member of foreign person on 
                        the list required by subsection (a).
            (5) 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 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 1 year after the date of 
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 therefore;
            (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;
            (3) the impact of the sanctions imposed under this section 
        with respect to altering the behavior of each of the foreign 
        persons included, as of the date of submission of the report, 
        in the list required by subsection (a); and
            (4) steps the Department can take to improve coordination 
        with foreign governments, civil society groups, and the private 
        sector, to prevent the commission of the human rights 
        violations described in section 3(a)(1) against persons based 
        on actual or perceived sexual orientation, gender identity, or 
        sex characteristics.
    (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 
        enactment of this Act).
            (3) Immediate family member.--The term ``immediate family 
        member'' has the meaning given such term for purposes of 
        section 7031(c) of division K of the Consolidated 
        Appropriations Act, 2021.
            (4) 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 
        enactment of this Act).

SEC. 5. COMBATING INTERNATIONAL CRIMINALIZATION OF LGBTQI 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 LGBTQI 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 LGBTQI individuals or apply with respect to the 
        conduct of LGBTQI 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 LGBTQI 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 LGBTQI 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 LGBTQI 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 LGBTQI populations abroad.

SEC. 6. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS OF LGBTQI PEOPLE.

    (a) Sense of Congress.--It is the sense of Congress that the full 
implementation of Executive Order 13988 and Bostock requires that 
United States foreign assistance and development organizations adopt 
the policy that no contractor, grantee, or implementing partner 
administering United States assistance for any humanitarian, 
development, or global health programs may discriminate against any 
employee or applicant for employment because of their gender identity 
or sexual orientation.
    (b) 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 LGBTQI 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 LGBTQI 
                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 LGBTQI 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).
    (c) LGBTQI 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 ``LGBTQI 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 LGBTQI persons around the 
world by supporting programs, projects, and activities for the 
following purposes:
            (1) To strengthen the capacity of LGBTQI leaders and civil 
        society organizations.
            (2) To train LGBTQI 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 inclusive development, including economic 
        empowerment through enhanced LGBTQI entrepreneurship and 
        business development.
    (d) 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.
    (e) 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 
LGBTQI Global Development Partnership established in accordance with 
this section.
    (f) 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).
    (g) Office of Foreign Assistance.--The Secretary of State, acting 
through the Director of the Office of Foreign Assistance, shall monitor 
the amount of foreign assistance obligated and expended on programs, 
projects, and activities relating to LGBTQI people, and shall provide 
the results of the indicators tracking such expenditure, upon request, 
to the Organization for Economic Co-operation and Development.

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 LGBTQI people in accordance 
with the goals described in section 6(f), including by requiring all 
partner entities receiving assistance through PEPFAR to receive 
training on the health needs of and human rights standards relating to 
LGBTQI 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 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 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 LGBTQI people 
and sex workers, using qualitative and quantitative data.
    (d) Report on Impact of ``Global Gag'' Rule.--Not later than 180 
days after the date of enactment of this Act, the Comptroller General 
shall submit to the appropriate congressional committees a report 
describing the impact, as of the date of the submission of the report, 
on the implementation and enforcement of any iteration of the Mexico 
City Policy on the global LGBTQI community.
    (e) 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.), foreign nongovernmental 
        organizations--
                    (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 with non-United States Government 
                funds if such services do not violate the laws of the 
                country in which they are being provided; and
                    (B) shall not be subject to requirements relating 
                to the use of non-United States Government funds for 
                advocacy and lobbying activities other than those that 
                apply to United States nongovernmental organizations 
                receiving assistance under part I of such Act.
            (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) LGBTQI 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 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 2 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 LGBTQI 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 LGBTQI 
                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 LGBTQI Alien Detainees.--
            (1) Detainees.--An LGBTQI 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 LGBTQI alien 
        is placed in segregated housing pursuant to paragraph (1), the 
        Secretary of Homeland Security shall ensure that such housing--
                    (A) includes non-LGBTQI aliens, to the extent 
                practicable; and
                    (B) complies with any applicable court order for 
                the protection of LGBTQI aliens.
            (3) Protective custody requests.--In a case in which an 
        LGBTQI 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. ISSUANCE OF PASSPORTS AND GUARANTEE OF CITIZENSHIP TO CERTAIN 
              CHILDREN BORN ABROAD.

    (a) Sex Identification Markers.--For the purposes of any identity 
document issued by the Department that displays sex information, 
including passports and consular reports of birth abroad, the Secretary 
shall ensure (through appropriate regulation, manual, policy, form, or 
other updates) that an applicant for such a document may self-select 
the sex designation, including a nonbinary or neutral designation (such 
as ``X'').
    (b) Guarantee of Citizenship to Children Born Abroad Using 
Assistive Reproduction Technology.--Not later than 90 days after the 
date of enactment of this Act, the Secretary of State shall issue 
regulations, in accordance with the press statement released on May 18, 
2021, with respect to ``U.S. Citizenship Transmission and Assisted 
Reproductive Technology'', clarifying that no biological connection 
between a parent and a child is required for a child to acquire 
citizenship at birth from a United States citizen parent under sections 
301(c), (d), (e), and (g) of the Immigration and Nationality Act (8 
U.S.C. 1401(c), (d), (e), and (g)), provided that either the local law 
at the place of birth or United States law recognize such a person to 
be the legal parent of the child from birth.

SEC. 10. ENGAGING INTERNATIONAL ORGANIZATIONS IN THE FIGHT AGAINST 
              LGBTQI 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 LGBTQI 
        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 LGBTQI people; and
            (3) the Secretary of State should seek appropriate 
        opportunities to encourage the equal treatment of LGBTQI 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 LGBTQI 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 LGBTQI 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 LGBTQI 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 LGBTQI employees; 
        and
            (3) prioritize efforts to improve post and post school 
        information for LGBTQI employees and employees with LGBTQI 
        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 
        LGBTQI 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 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 LGBTQI employees of 
                the Department or their family members in the prior 2 
                years; and
                    (B) the actions taken or intended to be taken by 
                the Secretary, in accordance with paragraph (1), to 
                ensure that LGBTQI 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 LGBTQI 
Adults and Children.--
            (1) In general.--The Secretary of State shall ensure that 
        LGBTQI employees and employees with LGBTQI family members have 
        adequate information to pursue overseas postings, including 
        country environment information for adults and children.
            (2) Non-discrimination policies for united states 
        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 LGBTQI children of all ages.
            (3) Required information for lgbtqi children.--The 
        Secretary shall ensure that information focused on LGBTQI 
        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.

SEC. 12. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual, regardless of 
        the individual's designated sex at birth.
            (3) LGBTQI.--The term ``LGBTQI'' means lesbian, gay, 
        bisexual, transgender, queer, or intersex.
            (4) 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 a 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) 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 
                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.
            (5) Sexual orientation.--The term ``sexual orientation'' 
        means actual or perceived homosexuality, heterosexuality, or 
        bisexuality.
                                 <all>