[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1924 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1924

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2023

  Mr. Markey (for himself, Mrs. Shaheen, Mr. Merkley, Mr. Kaine, Mr. 
    Padilla, Ms. Stabenow, Mr. Murphy, Mr. Schatz, and Mrs. Murray) 
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 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 TITLES; TABLE OF CONTENTS.

    (a) Short Titles.--This Act may be cited as the ``Greater 
Leadership Overseas for the Benefit of Equality Act of 2023'' or the 
``GLOBE Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short titles; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Documenting and responding to bias-motivated violence against 
                            LGBTQI people abroad.
Sec. 5. Sanctions on individuals responsible for violations of human 
                            rights against LGBTQI people.
Sec. 6. Combating international criminalization of LGBTQI status, 
                            expression, or conduct.
Sec. 7. Foreign assistance to protect human rights of LGBTQI people.
Sec. 8. Global health inclusivity.
Sec. 9. Immigration reform.
Sec. 10. Issuance of passports and guarantee of United States 
                            citizenship to certain children born 
                            abroad.
Sec. 11. Engaging international organizations in the fight against 
                            LGBTQI discrimination.
Sec. 12. Representing the rights of LGBTQI United States 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 LGBTQI people in an overwhelming majority of 
        countries around the world, where LGBTQI people face violence, 
        hatred, bigotry, and discrimination because of who they are and 
        who they love.
            (2) In at least 67 countries (almost 35 percent of the 
        countries in 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 Reports on Human Rights Practices, 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 LGBTQI citizens.
            (5) As documented by the Department of State, LGBTQI 
        individuals are subjected in many countries to capricious 
        imprisonment, loss of employment, housing, access to health 
        care, and 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, which is widely referred to as the 
        ``global gag rule''. The global gag rule prohibits foreign 
        organizations receiving health assistance from the United 
        States from providing information, referrals, or services for 
        legal abortion or advocating for access to abortion services in 
        their country, even if an organization is using its own money 
        for such activities. 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 LGBTQI individuals face tremendous 
        discrimination in the formal labor sector, many become sex 
        workers. Many sex-worker-led programs and clinics serve the 
        LGBTQI community with safe, non-stigmatizing, medical and 
        social care. The anti-prostitution loyalty oath that health 
        care providers receiving United States assistance must take 
        isolates sex-worker-led and serving groups from health care 
        programs and reinforces stigma, undermining both the global 
        AIDS response and human rights. A 2013 Supreme Court opinion 
        held this requirement to be unconstitutional as it applies to 
        United States nongovernmental organizations.
            (11) According to the Trans Murder Monitoring Project, 
        which monitors homicides of transgender individuals worldwide, 
        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 can 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 faced by LGBTQI individuals, including access to 
        health care, stigma, and discrimination, undermining LGBTQI 
        rights around the world.
            (15) In December 2011, President Barack Obama released the 
        ``Presidential Memorandum--International Initiatives to Advance 
        the Human Rights of Lesbian, Gay, Bisexual, and Transgender 
        Persons'', which 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 Lesbian, Gay, 
        Bisexual, Transgender, and Intersex (LGBTI) Persons. The 
        position was left vacant during the Trump Administration, but 
        President Biden appointed a new United States Special Envoy to 
        Advance the Human Rights of Lesbian, Gay, Bisexual, 
        Transgender, Queer and Intersex (LGBTQI+) Persons in 2021.
            (17) In February 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 ``shall be 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 ``in the cause of advancing the human rights of 
        LGBTQI+ persons around the world.''
            (18) In 2020, in Bostock v. Clayton County, the Supreme 
        Court held that Title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e et seq.) prohibits discrimination on the basis of 
        gender identity and sexual orientation. On January 20, 2021, 
        President Biden issued Executive Order 13988 (86 Fed. Reg. 
        7023; relating to preventing and combating discrimination on 
        the basis of sexual orientation or gender identity) to enforce 
        this holding, which orders all Federal agency heads, including 
        the Secretary of State and the Administrator of the United 
        States Agency for International Development, to review agency 
        actions to determine what additional steps should be taken to 
        ensure that agency policies are consistent with the 
        nondiscrimination policy set forth in Executive Order 13988.
            (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, such as the 
        Agreement between the United States of America, the United 
        Mexican States, and Canada (commonly known as the ``USMCA'') 
        and trade preference programs, is intended--
                    (A) to ensure a level playing field for United 
                States businesses; and
                    (B) 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 an 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 committed against those in the 
        LGBTQI community with impunity.
            (23) Those who represent the United States abroad, 
        including our diplomats, development specialists and military 
        members, should reflect the diversity of our country and honor 
        America's call to equality, including through proud and open 
        service abroad by LGBTQI 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) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, or 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 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 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 
                by the Secretary of Homeland Security, based on 
                information obtained during intake, from the alien's 
                attorney or legal service provider, or through credible 
                self-reporting, to be--
                            (i) experiencing severe trauma; or
                            (ii) a survivor of torture or gender-based 
                        violence.
            (5) Sexual orientation.--The term ``sexual orientation'' 
        means actual or perceived homosexuality, heterosexuality, or 
        bisexuality.

SEC. 4. 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'' 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, the nature and extent of 
        criminalization, discrimination, and violence by state and non-
        state actors based on sexual orientation, gender identity (as 
        such terms are defined in section 3 of the GLOBE Act of 2023), 
        or sex characteristics, including the identification of 
        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:
    ``(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 such terms are defined in 
section 3 of the GLOBE Act of 2023), or sex characteristics, including 
the identification of 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 under 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--
                    (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; 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 of 
        State shall include in the regular strategic plans of the 
        Department of State's 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 (referred to in this subsection as the 
        ``interagency group''), which--
                    (A) shall be chaired by the Secretary of State; and
                    (B) 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 that 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 LGBTQI populations in other countries;
                    (B) to develop longer-term approaches to policy 
                developments and incidents negatively impacting the 
                LGBTQI 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 LGBTQI 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 
                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 (referred to in this section 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 Special Envoy may be appointed at the rank 
        of Ambassador, by and with the advice and consent of the 
        Senate.
            (3) Purposes.--The Special Envoy shall--
                    (A) direct the efforts of the United States 
                Government relating to United States foreign policy, as 
                directed by the Secretary, regarding--
                            (i) human rights abuses against LGBTQI 
                        people and communities internationally; and
                            (ii) the advancement of human rights for 
                        LGBTQI people; and
                    (B) represent the United States internationally in 
                bilateral and multilateral engagement on the matters 
                described in subparagraph (A).
            (4) Duties.--
                    (A) In general.--The Special Envoy--
                            (i) shall serve as the principal advisor to 
                        the Secretary of State regarding human rights 
                        for LGBTQI people internationally;
                            (ii) notwithstanding any other provision of 
                        law--
                                    (I) shall 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
                                    (II) 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 LGBTQI people, including criminalization, 
                        discrimination, and violence against LGBTQI 
                        people internationally;
                            (iv) shall 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;
                            (v) shall 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;
                            (vi) shall 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;
                            (vii) shall conduct regular consultation 
                        with nongovernmental organizations working to 
                        prevent and respond to criminalization, 
                        discrimination, and violence against LGBTQI 
                        people internationally; and
                            (viii) is authorized to 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. 5. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN 
              RIGHTS AGAINST LGBTQI PEOPLE.

    (a) 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) Immediate family member.--The term ``immediate family 
        member'' has the meaning given such term for purposes of 
        section 7031(c) of the Department of State, Foreign Operations, 
        and Related Programs Appropriations Act, 2023 (division K of 
        Public Law 117-328).
            (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 the 
        enactment of this Act).
    (b) In General.--Not later than 180 days after the date of the 
enactment of this Act and biannually thereafter, the President shall 
submit 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; and
            (2) acted as an agent of or on behalf of a foreign person 
        in a matter relating to an activity described in paragraph (1).
    (c) Form; Updates; Removal.--
            (1) Form.--The list required under subsection (b) 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) such annex is vital for the national 
                        security interests of the United States; 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 
                        (b) 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 (b).
            (2) Updates.--The President shall submit to the appropriate 
        congressional committees an update of the list required under 
        subsection (b) as new information becomes available.
            (3) Removal.--A foreign person may be removed from the list 
        required under subsection (b) 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 (b); or
                    (D) removal from such list is in the vital national 
                security interests of the United States.
    (d) 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 (b) may be submitted to the Department of State for 
evaluation.
    (e) Requests From Chair and Ranking Member of Appropriate 
Congressional Committees.--
            (1) Consideration of information.--In addition to the 
        guidance issued pursuant to subsection (d), 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 (b).
            (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 (b), the President shall respond 
        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 
        from the list required under subsection (b) that had been 
        included in such list pursuant to a request under paragraph 
        (2), the President shall provide to the relevant Chair or 
        Ranking Member of one of the appropriate congressional 
        committees any information that contributed to such decision.
            (4) Form.--The President may submit the response required 
        under paragraph (2) or paragraph (3) in classified form if the 
        President determines that such form is necessary for the 
        national security interests of the United States.
    (f) Inadmissibility of Certain Individuals.--
            (1) Ineligibility for visas and admission to the united 
        states.--A foreign person on the list required under subsection 
        (b), 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), 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 on the list required under 
                subsection (b), 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) Rulemaking.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                State shall prescribe such regulations as may be 
                necessary to carry out this subsection.
            (3) 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.--Restrictions 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, 194.7, 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.--In this 
                        subparagraph, the term ``covered individual'' 
                        means an individual who is an immediate family 
                        member of a foreign person on the list required 
                        under subsection (b).
            (4) 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 under subsection (b) 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.
            (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 under 
                subsection (b) if the President determines, and submits 
                to the appropriate congressional committees notice of, 
                and justification for, such determination, 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.
    (g) 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 (b) 
                during the year immediately preceding each such report;
                    (B) the dates on which such persons were added or 
                removed;
                    (C) the reasons for adding or removing such 
                persons; and
                    (D) an analysis that compares increases or 
                decreases in the number of such persons added or 
                removed year-over-year and the reasons for such 
                increases or decreases;
            (2) any efforts by the President to coordinate with the 
        governments of other countries, as appropriate, to impose 
        restrictions that are similar to the restrictions imposed 
        pursuant to this section;
            (3) the impact of restrictions imposed pursuant to 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 under subsection (b); and
            (4) steps the Department could 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 subsection (b)(1) against persons based 
        on actual or perceived sexual orientation, gender identity, or 
        sex characteristics.

SEC. 6. 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--
            (1) the progress made in countries around the world toward 
        the decriminalization of the status, expression, and conduct of 
        LGBTQI individuals;
            (2) the obstacles that remain toward achieving such 
        decriminalization; and
            (3) the strategies available to the Department of State and 
        the United States Agency for International Development to 
        address such obstacles.
    (b) Elements.--The examination described in subsection (a) shall 
include--
            (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--
                            (i) to decriminalize the status, 
                        expression, and conduct of LGBTQI 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 LGBTQI individuals;
                    (B) applicable speaker or exchange programs 
                sponsored by the United States Government shall bring 
                together civil society and governmental leaders--
                            (i) to promote the recognition of LGBTQI 
                        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 LGBTQI populations abroad.

SEC. 7. 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 (86 Fed. Reg. 7023; January 20, 
2021) and the holding in Bostock v. Clayton County 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 sexual 
orientation or gender identity.
    (b) Global Equality Fund.--
            (1) In general.--The Secretary of State shall establish a 
        trust 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--
                    (A) to ensure the freedoms of assembly, 
                association, and expression;
                    (B) to protect persons or groups against the threat 
                of violence, including medically unnecessary 
                interventions performed on intersex infants;
                    (C) to advocate against laws that--
                            (i) criminalize LGBTQI status, expression, 
                        or conduct; or
                            (ii) discriminate against individuals on 
                        the basis of sexual orientation, gender 
                        identity, or sex characteristics;
                    (D) to end explicit and implicit forms of 
                discrimination in the workplace, housing, education, 
                and other public institutions or services; and
                    (E) to build community awareness and support for 
                the human rights of LGBTQI persons.
            (2) Contributions.--The Secretary of State may accept 
        financial and technical contributions, through the Global 
        Equality Fund, from corporations, bilateral donors, 
        foundations, nongovernmental organizations, and other entities 
        supporting the outcomes described in paragraph (1).
            (3) Prioritization.--In providing assistance through the 
        Global Equality Fund, the Secretary of State 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--
            (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; and
            (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 and the Administrator of the United 
States Agency for International Development shall regularly consult 
together and with 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 
                appropriate 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 of State monitors 
        compliance with the requirement under paragraph (1)(A).
    (g) Office of Foreign Assistance.--The Secretary of State, acting 
through the Director of the Office of Foreign Assistance, shall--
            (1) monitor the amount of foreign assistance obligated and 
        expended on programs, projects, and activities relating to 
        LGBTQI people; and
            (2) provide the results of the indicators tracking such 
        expenditure, upon request, to the Organization for Economic Co-
        Operation and Development.

SEC. 8. GLOBAL HEALTH INCLUSIVITY.

    (a) In General.--The Coordinator of United States Government 
Activities to Combat HIV/AIDS Globally shall--
            (1) 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 7(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
            (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 subsection, including any remedial steps 
        taken by the Coordinator to overcome such obstacles.
    (b) Report on International Prosecutions for Sex Work or Consensual 
Sexual Activity.--Not later than 180 days after the date of the 
enactment of this Act, the Coordinator shall submit 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 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 the enactment of this Act, the Government 
Accountability Office shall submit a report to the appropriate 
congressional committees that describes 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) Conforming Amendments.--
            (1) PEPFAR reauthorization.--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).
            (2) 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'' at the end 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), the'' and inserting ``Prevention 
                        strategy.--The''; and
                            (ii) by striking subparagraph (B).
            (3) TVPA 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. 9. 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 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) Annual report.--Section 103(e)(2) of the Immigration 
        and Nationality Act (8 U.S.C. 1103(e)) is amended--
                    (A) by striking ``information on the number'' and 
                inserting the following: ``information on--
                    ``(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), respectively;
                            (iii) in subparagraph (C), as 
                        redesignated--
                                    (I) by striking ``notwithstanding 
                                subparagraphs (B) and (C)'' and 
                                inserting ``notwithstanding 
                                subparagraph (B)'';
                                    (II) by striking ``either''; and
                                    (III) by striking ``or 
                                extraordinary circumstances relating to 
                                the delay in filing an application 
                                within the period specified in 
                                subparagraph (B)''; and
                            (iv) 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.
    (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 
        who--
                    ``(A) is 18 years of age or older;
                    ``(B) 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;
                    ``(C) is financially interdependent with the other 
                individual;
                    ``(D) is not married to anyone other than the other 
                individual;
                    ``(E) 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
                    ``(F) 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 as the alien may choose.''.
    (d) Refugee Admissions of LGBTQI 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 who 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 to meet the needs of the 
                        refugee.
                    (B) Defined term.--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 LGBTQI 
                aliens;
                    (C) confidentiality requirements; and
                    (D) nondiscrimination policies.
    (f) Limitation on Detention.--
            (1) Presumption of release.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C) and notwithstanding any other 
                provision of law, 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 ensure the appearance of the alien 
                at removal proceedings, or that the alien is a threat 
                to another person or to 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.--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 any alien detained pursuant to 
                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 
                date on which the Secretary makes a determination under 
                subparagraph (A) that an alien should not be detained 
                under paragraph (1)(B), the Secretary shall release the 
                detainee.
    (g) Protective Custody for LGBTQI Alien Detainees.--
            (1) Detainees.--An LGBTQI alien who is detained pursuant to 
        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.--If 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.--If a detained LGBTQI 
        alien 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. ISSUANCE OF PASSPORTS AND GUARANTEE OF UNITED STATES 
              CITIZENSHIP TO CERTAIN CHILDREN BORN ABROAD.

    (a) Sex Identification Markers.--The Secretary of State, through 
any appropriate regulation, manual, policy, form, or other updates, 
shall ensure that an applicant may self-select the sex designation 
(including a non-binary or neutral designation, such as ``X'') on any 
identity document issued by the Department of State that displays sex 
information, including passports and consular reports of birth abroad.
    (b) Guarantee of Citizenship to Children Born Abroad Using 
Assistive Reproduction Technology.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State shall issue 
regulations 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 subsections (c), (d), (e), 
and (g) of section 301 of the Immigration and Nationality Act (8 U.S.C. 
1401) if such parent is recognized as the legal parent of the child 
from birth under the local law at the place of birth or under United 
States law.

SEC. 11. 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. 12. REPRESENTING THE RIGHTS OF LGBTQI UNITED STATES CITIZENS 
              DEPLOYED TO DIPLOMATIC AND CONSULAR POSTS.

    (a) Sense of Congress.--Recognizing the importance of a diverse 
workforce in the representation of the United States abroad and in 
support of sound personnel staffing policies, it is the sense of 
Congress that the Secretary of State should--
            (1) prioritize efforts to ensure that foreign governments 
        do not impede the assignment of LGBTQI United States 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 of State 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 LGBTQI employees of 
                the Department of State or to their family members 
                during the most recent 2-year period; and
                    (B) a description of 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) Nondiscrimination 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.
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