[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Presidential Documents]
[Pages 11843-11845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04237]



[[Page 11841]]

Vol. 86

Friday,

No. 37

February 26, 2021

Part II





The President





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National Security Memorandum/NSM-4 of February 4, 2021--Advancing the 
Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and 
Intersex Persons Around the World
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                         Presidential Documents 
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  Federal Register / Vol. 86 , No. 37 / Friday, February 26, 2021 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 11843]]

                 National Security Memorandum/NSM-4 of February 4, 2021

                
Advancing the Human Rights of Lesbian, Gay, 
                Bisexual, Transgender, Queer, and Intersex Persons 
                Around the World

                Memorandum for the Secretary of State[,] the Secretary 
                of the Treasury[,] the Secretary of Defense[,] the 
                Attorney General[,] the Secretary of Agriculture[,] the 
                Secretary of Commerce[,] the Secretary of Labor[,] the 
                Secretary of Health and Human Services[,] the Secretary 
                of Homeland Security[,] the United States Trade 
                Representative[,] the Assistant to the President for 
                National Security Affairs[,] the Assistant to the 
                President and Counsel to the President[,] the 
                Administrator of the United States Agency for 
                International Development[, and] the Chief Executive 
                Officer, Millennium Challenge Corporation

                This memorandum reaffirms and supplements the 
                principles established in the Presidential Memorandum 
                of December 6, 2011 (International Initiatives to 
                Advance the Human Rights of Lesbian, Gay, Bisexual, and 
                Transgender Persons). That memorandum, for the first 
                time, directed agencies engaged abroad to ensure that 
                U.S. diplomacy and foreign assistance promote and 
                protect the human rights of lesbian, gay, bisexual, and 
                transgender persons everywhere. This memorandum builds 
                upon that historic legacy and updates the 2011 
                Memorandum.

                All human beings should be treated with respect and 
                dignity and should be able to live without fear no 
                matter who they are or whom they love. Around the 
                globe, including here at home, brave lesbian, gay, 
                bisexual, transgender, queer, and intersex (LGBTQI+) 
                activists are fighting for equal protection under the 
                law, freedom from violence, and recognition of their 
                fundamental human rights.

                The United States belongs at the forefront of this 
                struggle--speaking out and standing strong for our most 
                dearly held values. It shall be the policy of the 
                United States to pursue an end to discrimination on the 
                basis of sexual orientation, gender identity or 
                expression, or sex characteristics, and to lead by the 
                power of our example in the cause of advancing the 
                human rights of LGBTQI+ persons around the world.

                By this memorandum I am directing all agencies engaged 
                abroad to ensure that U.S. diplomacy and foreign 
                assistance promote and protect the human rights of 
                LGBTQI+ persons. Specifically, I direct the following 
                actions, consistent with applicable law:

                Section 1. Combating Criminalization of LGBTQI+ Status 
                or Conduct Abroad. Agencies engaged abroad are directed 
                to strengthen existing efforts to combat the 
                criminalization by foreign governments of LGBTQI+ 
                status or conduct and expand efforts to combat 
                discrimination, homophobia, transphobia, and 
                intolerance on the basis of LGBTQI+ status or conduct. 
                The Department of State shall, on an annual basis and 
                as part of the annual report submitted to the Congress 
                pursuant to sections 116(d) and 502B(b) of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151n(d) and 
                2304(b)), report on human rights abuses experienced by 
                LGBTQI+ persons globally. This reporting shall include 
                anti-LGBTQI+ laws as well as discrimination and 
                violence committed by both state and non-state actors 
                against LGBTQI+ persons.

                Sec. 2. Protecting Vulnerable LGBTQI+ Refugees and 
                Asylum Seekers. LGBTQI+ persons who seek refuge from 
                violence and persecution face daunting challenges. In 
                order to improve protection for LGBTQI+ refugees

[[Page 11844]]

                and asylum seekers at all stages of displacement, the 
                Departments of State and Homeland Security shall 
                enhance their ongoing efforts to ensure that LGBTQI+ 
                refugees and asylum seekers have equal access to 
                protection and assistance, particularly in countries of 
                first asylum. In addition, the Departments of State, 
                Justice, and Homeland Security shall ensure appropriate 
                training is in place so that relevant federal 
                government personnel and key partners can effectively 
                identify and respond to the particular needs of LGBTQI+ 
                refugees and asylum seekers, including by providing to 
                them adequate assistance and ensuring that the Federal 
                Government takes all appropriate steps, such as 
                potential increased use of Embassy Priority-1 
                referrals, to identify and expedite resettlement of 
                highly vulnerable persons with urgent protection needs.

                Sec. 3. Foreign Assistance to Protect Human Rights and 
                Advance Nondiscrimination. Agencies involved with 
                foreign aid, assistance, and development programs shall 
                enhance their ongoing efforts to ensure regular federal 
                government engagement with governments, citizens, civil 
                society, and the private sector in order to build 
                respect for the human rights of LGBTQI+ persons and 
                combat discrimination. Agencies involved with foreign 
                aid, assistance, and development programs should 
                consider the impact of programs funded by the federal 
                government on human rights, including the rights of 
                LGBTQI+ persons, when making funding decisions, as 
                appropriate and consistent with applicable law.

                Sec. 4. Swift and Meaningful U.S. Responses to Human 
                Rights Abuses of LGBTQI+ Persons Abroad. The Department 
                of State shall lead a standing group, with appropriate 
                interagency representation, to help ensure the federal 
                government's swift and meaningful response to serious 
                incidents that threaten the human rights of LGBTQI+ 
                persons abroad. When foreign governments move to 
                restrict the rights of LGBTQI+ persons or fail to 
                enforce legal protections in place, thereby 
                contributing to a climate of intolerance, agencies 
                engaged abroad shall consider appropriate responses, 
                including using the full range of diplomatic tools and, 
                as appropriate, sanctions, visa bans, and other 
                actions.

                Sec. 5. Building Coalitions of Like-Minded Nations and 
                Engaging International Organizations in the Fight 
                Against LGBTQI+ Discrimination. Bilateral relationships 
                with allies and partners, as well as multilateral fora 
                and international organizations, are key vehicles to 
                promote respect for and protection of the human rights 
                of LGBTQI+ persons and to bring global attention to 
                these goals. Agencies engaged abroad should strengthen 
                the work they have done and initiate additional efforts 
                with other nations, bilaterally and within multilateral 
                fora and international organizations, to: counter 
                discrimination on the basis of LGBTQI+ status or 
                conduct; broaden the number of countries willing to 
                support and defend the human rights of LGBTQI+ persons; 
                strengthen the role, including in multilateral fora, of 
                civil society advocates on behalf of the human rights 
                of LGBTQI+ persons; and strengthen the policies and 
                programming of multilateral institutions, including 
                with respect to protecting vulnerable LGBTQI+ refugees 
                and asylum seekers.

                Sec. 6. Rescinding Inconsistent Policies and Reporting 
                on Progress. Within 100 days of the date of this 
                memorandum or as soon as possible thereafter, all 
                agencies engaged abroad shall review and, as 
                appropriate and consistent with applicable law, take 
                steps to rescind any directives, orders, regulations, 
                policies, or guidance inconsistent with this 
                memorandum, including those issued from January 20, 
                2017, to January 20, 2021, to the extent that they are 
                inconsistent with this memorandum. The heads of such 
                agencies shall also, within 100 days of the date of 
                this memorandum, report to the President on their 
                progress in implementing this memorandum and recommend 
                additional opportunities and actions to advance the 
                human rights of LGBTQI+ persons around the world. 
                Agencies engaged abroad shall each prepare a report 
                within 180 days of the date of this memorandum, and 
                annually thereafter, on their progress toward advancing 
                these initiatives. All such

[[Page 11845]]

                agencies shall submit these reports to the Department 
                of State, which will compile a report on the federal 
                government's progress in advancing these initiatives 
                for transmittal to the President. The Department of 
                State shall make a version of the compiled annual 
                report available to the Members of the Congress and the 
                public.

                Sec. 7. Definitions. (a) For the purposes of this 
                memorandum, agencies engaged abroad include the 
                Departments of State, the Treasury, Defense, Justice, 
                Agriculture, Commerce, Labor, Health and Human 
                Services, and Homeland Security, the United States 
                Agency for International Development (USAID), the 
                United States International Development Finance 
                Corporation (DFC), the Millennium Challenge 
                Corporation, the Export-Import Bank of the United 
                States, the Office of the United States Trade 
                Representative, and such other agencies as the 
                President may designate.

                    (b) For the purposes of this memorandum, agencies 
                involved with foreign aid, assistance, and development 
                programs include the Departments of State, the 
                Treasury, Defense, Justice, Agriculture, Commerce, 
                Labor, Health and Human Services, and Homeland 
                Security, USAID, DFC, the Millennium Challenge 
                Corporation, the Export-Import Bank of the United 
                States, the Office of the United States Trade 
                Representative, and such other agencies as the 
                President may designate.

                Sec. 8. General Provisions. (a) Nothing in this order 
                shall be construed to impair, or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (d) The Secretary of State is authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, February 4, 2021

[FR Doc. 2021-04237
Filed 2-25-21; 11:15 am]
Billing code 4710-10-P