,,ii #aafth ,,congress #ast ,session ,s4 #cjjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjai,mr4 ,markey 7for himself1 ,mrs4 ,shaheen1 ,mr4 ,merkley1 ,ms4 ,baldwin1 ,ms4 ,klobuchar1 and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to protect human rights and enhance opportunities for ,,lgbti people around the world1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,greater ,leadership ,overseas for the ,benefit of ,equality ,act of #bjai or the ,,globe ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,documenting and responding to bias-motivated violence against ,,lgbti people abroad4,sec4 #e4 ,sanctions on individuals responsible for violations of human rights against ,,lgbti people4,sec4 #f4 ,combating international criminalization of ,,lgbti status1 expression1 or conduct4,sec4 #g4 ,foreign assistance to protect human rights of ,,lgbti people4,sec4 #h4 ,global health inclusivity4,sec4 #i4 ,immigration reform4,sec4 #aj4 ,engaging international organizations in the fight against ,,lgbti discrimination4,sec4 #aa4 ,representing the rights of ,united ,states ,,lgbti citizens deployed to diplomatic and consular posts4 #b4 ,findings ,congress finds the following3 7#a7 ,the norms of good governance1 human rights protections1 and the rule of law have been violated unconscionably with respect to lesbian1 gay1 bisexual1 transgender1 and intersex 7,,lgbti7 peoples in an overwhelming majority of countries around the world1 where ,,lgbti people face violence1 hatred1 bigotry1 and discrimination because of who they are and who they love4 7#b7 ,in at least #fh countries1 or almost #dj percent of the world1 same-sex relations and relationships are criminalized4 ,many countries also criminalize or otherwise prohibit cross-dressing and gender-affirming treatments for transgender individuals4 7#c7 ,the ,world ,bank has begun to measure the macro-economic costs of criminal laws targeting ,,lgbti individuals through lost productivity1 detrimental health outcomes and violence1 as a step toward mitigating those costs4 7#d7 ,violence and discrimination based on sexual orientation and gender identity are documented in the ,department of ,state's annual ,country ,human ,rights ,reports to ,congress1 which show a clear pattern of human rights violations1 including murder1 rape1 torture1 death threats1 extortion1 and imprisonment1 in every region of the world based on sexual orientation and gender identity4 ,in many instances police1 prison1 military1 and civilian government authorities have been directly complicit in abuses aimed at ,,lgbti citizens4 7#e7 ,as documented by the ,department of ,state1 ,,lgbti individuals are subjected in many countries to capricious imprisonment1 loss of employment1 housing1 access to health care1 and societal stigma and discrimination4 ,,lgbti-specific restrictions on basic freedoms of assembly1 press1 and speech exist in every region of the world4 7#f7 ,targeted sanctions are an important tool to push for accountability for violations of the human rights of ,,lgbti people4 7#g7 ,anti-,,lgbti laws and discrimination pose significant risks for ,,lgbti youth who reveal their sexual identity to their family or community and often face rejection1 homelessness1 and limited educational and economic opportunities4 ,these factors contribute to increased risks of substance abuse1 suicide1 and ,,hiv infection among ,,lgbti youth4 7#h7 ,anti-,,lgbti laws also increase global health risks4 ,studies have shown that when ,,lgbti people1 especially ,,lgbti youth1 face discrimination1 they are less likely to seek ,,hiv testing1 prevention1 and treatment services4 7#i7 ,because they face tremendous discrimination in the formal labor sector1 many sex workers are also ,,lgbti individuals1 and many sex-worker-led programs and clinics serve the ,,lgbti community with safe1 non-stigmatizing1 medical and social care4 ,,usaid has also referred to sex workers as a most-at-risk population4 ,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 stigma1 undermining both the global ,,aids response and human rights4 ,in #bjac1 the ,supreme ,court held that this requirement is unconstitutional as it applies to ,united ,states nongovernmental organizations and their foreign affiliates4 7#aj7 ,according to the ,trans ,murder ,monitoring ,project1 which monitors homicides of transgender individuals1 there were at least #cfi cases of reported killings of transgender and gender-diverse people between ,october #bjag and ,september #bjah1 which represents an increase compared to previous years4 7#aa7 ,in many countries1 intersex individuals experience prejudice and discrimination because their bodies do not conform to general expectations about sex and gender4 ,because of these expectations1 medically unnecessary interventions are often performed in infancy without the consent or approval of intersex individuals and in violation of international human rights standards4 7#ab7 ,asylum and refugee protection are critical last-resort protections for ,,lgbti individuals1 but those who seek such protections face ostracization and abuse in refugee camps and detention facilities4 ,they are frequently targeted for violence1 including sexual assault1 in refugee camps and in immigration detention4 ,,lgbti individuals may be segregated against their will for long periods in solitary confinement1 in an effort to protect them from such violence1 but prolonged solitary confinement itself represents an additional form of abuse that is profoundly damaging to the social and psychological well-being of any individual4 7#ac7 ,in ,december #bjaa1 ,president ,barack ,obama directed all ,federal foreign affairs agencies to ensure that their diplomatic1 humanitarian1 health and foreign assistance programs take into account the needs of marginalized ,,lgbti communities and persons4 7#ad7 ,in #bjae1 the ,department of ,state established the position of ,special ,envoy for the ,human ,rights of ,,lgbti ,persons4 7#ae7 ,the use of ,united ,states diplomatic tools1 including the ,department of ,state's exchange and speaker programs1 to address the human rights needs of marginalized communities has helped inform public debates in many countries regarding the protective responsibilities of any democratic government4 7#af7 ,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 people1 including ,,lgbti4 ,the ,united ,states must remain a leader in the ,united ,nations system and has a vested interest in the success of that multilateral engagement4 7#ag7 ,ongoing ,united ,states participation in the ,equal ,rights ,coalition1 which is a new intergovernmental coalition of more than #dj governments and leading civil society organizations that work together to protect the human rights of ,,lgbti people around the world1 remains vital to international efforts to respond to violence and impunity4 7#ah7 ,those who represent the ,united ,states abroad1 including our diplomats1 development specialists and military1 should reflect the diversity of our country and honor ,america's call to equality1 including through proud and open service abroad by ,,lgbti ,americans and those living with ,,hiv4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,except as provided in section #e1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,f7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,,lgbti ,the term ,,lgbti means lesbian1 gay1 bisexual1 transgender1 or intersex4 7#c7 ,member of a vulnerable group ,the term member of a vulnerable group means an alien who-- 7,a7 is younger than #ba years of age or older than #fj years of age2 7,b7 is pregnant2 7,c7 identifies as lesbian1 gay1 bisexual1 transgender1 or intersex2 7,d7 is victim or witness of a crime2 7,e7 has filed a nonfrivolous civil rights claim in a ,federal or ,state court2 7,f7 has a serious mental or physical illness or disability2 7,g7 has been determined by an asylum officer in an interview conducted under section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77 to have a credible fear of persecution2 or 7,h7 has been determined by an immigration judge or by the ,secretary of ,homeland ,security to be experiencing severe trauma or to be a survivor of torture or gender-based violence1 based on information obtained during intake1 from the alien's attorney or legal service provider1 or through credible self-reporting4 #d4 ,documenting and responding to bias-motivated violence against ,,lgbti people abroad 7a7 ,information ,to include in annual country reports on human rights practices ,the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 is amended-- 7#a7 in section #aaf7;d7 7#bb ,u4,s4,c4 #baean7d77-- 7,a7 in paragraph 7#aa77;,c71 by striking and at the end2 7,b7 in paragraph 7#ab77;,c77ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ac7 wherever applicable1 violence or discrimination that affects fundamental freedoms1 including widespread or systematic violation of the freedoms of expression1 association1 or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation1 gender identity1 or sex characteristics4 2 and 7#b7 in section #ejb;,b7b7 7#bb ,u4,s4,c4 #bcjd7;b771 by inserting after the ninth sentence the following3 ,wherever applicable1 such report shall also include information regarding violence or discrimination that affects the fundamental freedoms1 including widespread or systematic violation of the freedoms of expression1 association1 or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation1 gender identity1 or sex characteristics44 7b7 ,review at diplomatic and consular posts 7#a7 ,in general ,in preparing the annual country reports on human rights practices required under section #aaf or #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean and #bcjd71 as amended by subsection 7a71 the ,secretary of ,state shall obtain information from each diplomatic and consular post with respect to-- 7,a7 incidents of violence against ,,lgbti people in the country in which such post is located2 7,b7 an analysis of the factors enabling or aggravating such incidents1 such as government policy1 societal pressure1 or external actors2 and 7,c7 the response1 whether public or private1 of the personnel of such post with respect to such incidents4 7#b7 ,addressing bias-motivated violence ,the ,secretary shall include1 in the annual strategic plans of the regional bureaus1 concrete diplomatic strategies1 programs1 and policies to address bias-motivated violence using information obtained pursuant to paragraph 7#a71 such as programs to build capacity among civil society or governmental entities to document1 investigate1 and prosecute instances of such violence and provide support to victims of such violence4 7c7 ,interagency group 7#a7 ,establishment ,there is established an interagency group on responses to urgent threats to ,,lgbti people in foreign countries 7referred to in this subsection as the interagency group71 which shall be chaired by the ,secretary of ,state and shall include the ,secretary of ,defense1 the ,secretary of the ,treasury1 the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,attorney ,general1 and the head of each other ,federal department or agency the ,president determines is relevant to the duties of the interagency group4 7#b7 ,duties ,the duties of the interagency group shall be-- 7,a7 to coordinate the responses of each participating agency with respect to threats directed towards ,,lgbti populations in other countries2 7,b7 to develop longer-term approaches to policy developments and incidents negatively impacting the ,,lgbti populations in specific countries2 7,c7 to advise the ,president on the designation of foreign persons for sanctions pursuant to section #e2 7,d7 to identify ,united ,states laws and policies1 at the ,federal1 ,state1 and local levels1 that affirm the equality of ,,lgbti persons2 and 7,e7 to use such identified laws and policies to develop diplomatic strategies to share the expertise obtained from the implementation of such laws and policies with appropriate officials of countries where ,,lgbti persons do not enjoy equal protection under the law4 7d7 ,special envoy for the human rights of ,,lgbti peoples 7#a7 ,establishment ,the ,secretary of ,state shall establish1 in the ,bureau of ,democracy1 ,human ,rights1 and ,labor of the ,department of ,state a permanent ,special ,envoy for the ,human ,rights of ,,lgbti ,peoples 7referred to in this subsection as the ,special ,envoy71 who shall be appointed by the ,president4 ,the ,special ,envoy shall report directly to the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor4 7#b7 ,purpose ,the ,special ,envoy shall direct efforts of the ,united ,states ,government relating to ,united ,states foreign policy1 as directed by the ,secretary1 regarding human rights abuses against ,,lgbti people and communities internationally and the advancement of human rights for ,,lgbti people1 and shall represent the ,united ,states internationally in bilateral and multilateral engagement on such matters4 7#c7 ,duties 7,a7 ,in general ,the ,special ,envoy-- 7i7 shall serve as the principal advisor to the ,secretary of ,state regarding human rights for ,,lgbti people internationally2 7ii7 notwithstanding any other provision of law1 shall direct activities1 policies1 programs1 and funding relating to the human rights of ,,lgbti people and the advancement of ,,lgbti equality initiatives internationally1 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 matters2 7iii7 shall represent the ,united ,states in diplomatic matters relevant to the human rights of ,,lgbti people1 including criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7iv7 shall direct1 as appropriate1 ,united ,states ,government resources to respond to needs for protection1 integration1 resettlement1 and empowerment of ,,lgbti people in ,united ,states ,government policies and international programs1 including to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7v7 shall design1 support1 and implement activities regarding support1 education1 resettlement1 and empowerment of ,,lgbti people internationally1 including for the prevention and response to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7vi7 shall lead interagency coordination between the foreign policy priorities related to the human rights of ,,lgbti people and the development assistance priorities of the ,,lgbti ,coordinator of the ,united ,states ,agency for ,international ,development2 7vii7 shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7viii7 shall ensure that programs1 projects1 and activities of the ,department of ,state and the ,united ,states ,agency for ,international ,development designed to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally are subject to rigorous monitoring and evaluation1 and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across international programs in ,federal agencies2 and 7ix7 is authorized to represent the ,united ,states in bilateral and multilateral fora on matters relevant to the human rights of ,,lgbti people internationally1 including criminalization1 discrimination1 and violence against ,,lgbti people internationally4 7e7 ,training at international law enforcement academies ,the ,president shall ensure that any international law enforcement academy supported by ,united ,states assistance shall provide training with respect to the rights of ,,lgbti people1 including through specialized courses highlighting best practices in the documentation1 investigation and prosecution of bias-motivated hate crimes targeting persons based on actual or perceived sexual orientation1 gender identity1 or sex characteristics4 #e4 ,sanctions on individuals responsible for violations of human rights against ,,lgbti people 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and biannually thereafter1 the ,president shall submit a list to the appropriate congressional committees that identifies each foreign person who the ,president determines1 based on credible information1 including information obtained by other countries or by nongovernmental organizations that monitor violations of human rights-- 7#a7 is responsible for or complicit in1 with respect to persons based on actual or perceived sexual orientation1 gender identity1 or sex characteristics-- 7,a7 cruel1 inhuman1 or degrading treatment or punishment2 7,b7 prolonged detention without charges and trial2 7,c7 causing the disappearance of such persons by the abduction and clandestine detention of such persons2 or 7,d7 other flagrant denial of the right to life1 liberty1 or the security of such persons2 7#b7 acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph 7#a72 or 7#c7 is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph 7#a74 7b7 ,form2 updates2 removal 7#a7 ,form ,the list required under subsection 7a7 shall be submitted in unclassified form and published in the ,federal ,register without regard to the requirements of section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states1 except that the ,president may include a foreign person in a classified1 unpublished annex to such list if the ,president-- 7,a7 determines that-- 7i7 it is vital for the national security interests of the ,united ,states to do so2 and 7ii7 the use of such annex1 and the inclusion of such person in such annex1 would not undermine the overall purpose of this section to publicly identify foreign persons engaging in the conduct described in subsection 7a7 in order to increase accountability for such conduct2 and 7,b7 not later than #ae days before including such person in a classified annex1 provides to the appropriate congressional committees notice of1 and a justification for1 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 7a74 7#b7 ,updates ,the ,president shall transmit to the appropriate congressional committees an update of the list required by subsection 7a7 as new information becomes available4 7#c7 ,removal ,a foreign person may be removed from the list required under subsection 7a7 if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the removal of such person from such list that-- 7,a7 credible information exists that such person did not engage in the activity for which the person was included in such list2 7,b7 such person has been prosecuted appropriately for the activity in which such person engaged2 or 7,c7 such person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activities in which such person engaged1 and has credibly committed to not engage in an activity described in subsection 7a74 7c7 ,public submission of information ,the ,president shall issue public guidance1 including through ,united ,states diplomatic and consular posts1 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 7a7 may be submitted to the ,department of ,state for evaluation4 7d7 ,requests from ,chair and ,ranking ,member of appropriate congressional committees 7#a7 ,consideration of information ,in addition to the guidance issued pursuant to subsection 7c71 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 7a74 7#b7 ,requests ,not later than #abj 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 7a71 the ,president shall submit a response to such ,chair or ,ranking ,member1 as the case may be1 with respect to the ,president's determination relating to such foreign person4 7#c7 ,removal ,if the ,president removes a foreign person who had been included in the list required under subsection 7a7 pursuant to a request under paragraph 7#b71 the ,president shall provide to the relevant ,chair or ,ranking ,member of one of the appropriate congressional committees any information that contributed to such decision4 7#d7 ,form ,the ,president may submit a response required under paragraph 7#b7 or 7#c7 in classified form if the ,president determines that such form is necessary to protect the national security interests of the ,united ,states4 7e7 ,inadmissibility of certain individuals 7#a7 ,ineligibility for visas and admission to the united states ,a foreign person included on the list required under subsection 7a7 is-- 7,a7 inadmissible to the ,united ,states2 7,b7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7,c7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#b7 ,current visas revoked 7,a7 ,in general ,the issuing consular officer or the ,secretary of ,state 7or a designee of the ,secretary of ,state71 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 shall revoke any visa or other entry documentation issued to a foreign person included on the list required under subsection 7a7 regardless of when the visa or other entry documentation is issued4 7,b7 ,effect of revocation ,a revocation under subparagraph 7,a7 shall-- 7i7 take effect immediately2 and 7ii7 automatically cancel any other valid visa or entry documentation that is in the foreign person's possession4 7,c7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall prescribe such regulations as are necessary to carry out this subsection4 7,d7 ,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 ,nations1 signed at ,lake ,success1 ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7#c7 ,sense of congress with respect to additional sanctions ,it is the sense of ,congress that the ,president should impose additional targeted sanctions with respect to foreign persons included on the list required under subsection 7a7 to push for accountability for flagrant denials of the right to life1 liberty1 or the security of the person1 through the use of designations and targeted sanctions provided for such conduct under other existing authorities4 7#d7 ,waivers in the interest of national security 7,a7 ,in general ,the ,president may waive the application of paragraph 7#a7 or 7#b7 with respect to a foreign person included on the list required under subsection 7a7 if the ,president determines and submits to the appropriate congressional committees notice and justification that such a waiver-- 7i7 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 ,nations1 signed ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 or other applicable international obligations of the ,united ,states2 or 7ii7 is in the national security interests of the ,united ,states4 7,b7 ,timing of certain waivers ,a waiver pursuant to a determination under subparagraph 7,a77ii7 shall be submitted not later than #ae days before the granting of such waiver4 7f7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act and annually thereafter1 the ,president1 acting through the ,secretary of ,state1 shall submit a report to the appropriate congressional committees that describes-- 7#a7 the actions taken to carry out this section1 including-- 7,a7 the number of foreign persons added to or removed from the list required under subsection 7a7 during the year preceding each such report1 the dates on which such persons were so added or removed1 and the reasons for so adding or removing such persons2 and 7,b7 an analysis that compares increases or decreases in the number of such persons added or removed year-over-year and the reasons for such actions2 and 7#b7 any efforts by the ,president to coordinate with the governments of other countries1 as appropriate1 to impose sanctions that are similar to the sanctions imposed under this section4 7g7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on the ,judiciary of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,g7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,h7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,foreign person ,the term foreign person has the meaning given such term in section #eie4cjd of title #ca1 ,code of ,federal ,regulations 7as in effect on the day before the date of the enactment of this ,act74 7#c7 ,person ,the term person has the meaning given such term in section #eia4cjh of title #ca1 ,code of ,federal ,regulations 7as in effect on the day before the date of the enactment of this ,act74 7h7 ,exclusion for persecution of ,,lgbti individuals ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended by adding at the end the following3 7,j7 ,human rights violators ,any alien who1 while serving as an official of a foreign government1 was responsible for1 or directly carried out1 serious violations of the human rights of ,,lgbti individuals or targeting ,,lgbti people1 is inadmissible4 4 #f4 ,combating international criminalization of ,,lgbti status1 expression1 or conduct 7a7 ,annual strategic review ,the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development during the course of annual strategic planning1 shall include an examination of-- 7#a7 the progress made in countries around the world toward the decriminalization of the status1 expression1 and conduct of ,,lgbti individuals2 7#b7 the obstacles that remain toward achieving such decriminalization2 and 7#c7 the strategies available to the ,department and the ,agency to address such obstacles4 7b7 ,elements ,the examination described in subsection 7a7 shall include-- 7#a7 the full range of criminal and civil laws of other countries that disproportionately impact communities of ,,lgbti individuals or apply with respect to the conduct of ,,lgbti individuals2 and 7#b7 in consultation with the ,attorney ,general1 a list of countries in each geographic region with respect to which-- 7,a7 the ,attorney ,general1 acting through the ,office of ,overseas ,prosecutorial ,development ,assistance and ,training of the ,department of ,justice1 shall prioritize programs seeking-- 7i7 to decriminalize the status1 expression1 and conduct of ,,lgbti individuals2 7ii7 to monitor the trials of those prosecuted because of such status1 expression1 or conduct2 and 7iii7 to reform related laws having a discriminatory impact on ,,lgbti individuals2 and 7,b7 applicable speaker or exchange programs sponsored by the ,united ,states ,government could bring together civil society and governmental leaders-- 7i7 to promote the recognition of ,,lgbti rights through educational exchanges in the ,united ,states2 and 7ii7 to support better understanding of the role that governments and civil societies mutually play in assurance of equal treatment of ,,lgbti populations in other countries4 #g4 ,foreign assistance to protect human rights of ,,lgbti people 7a7 ,global ,equality ,fund 7#a7 ,in general ,the ,secretary of ,state shall establish a fund1 which shall be known as the ,global ,equality ,fund and shall be managed by the ,assistant ,secretary of the ,bureau of ,democracy1 ,human ,rights1 and ,labor4 7#b7 ,funding sources 7,a7 ,in general ,the ,global ,equality ,fund shall consist of such sums as may be appropriated to provide grants1 emergency assistance1 and technical assistance to eligible civil society organizations and human rights defenders working to advance and protect human rights for all including ,,lgbti persons1 by seeking to achieve the goals set forth in paragraph 7#c74 7,b7 ,contributions ,the ,secretary may accept financial and technical contributions to the ,global ,equality ,fund from corporations1 bilateral donors1 foundations1 nongovernmental organizations1 and other entities supporting the goals set forth in paragraph 7#c74 7#c7 ,goals ,the goals set forth in this paragraph are-- 7,a7 ensuring the freedoms of assembly1 association1 and expression2 7,b7 protecting persons or groups against the threat of violence1 including medically unnecessary interventions performed on intersex infants2 7,c7 advocating against laws that criminalize ,,lgbti status1 expression1 or conduct or discriminate against individuals on the basis of sexual orientation1 gender identity1 or sex characteristics2 7,d7 ending explicit and implicit forms of discrimination in the workplace1 housing1 education1 and other public institutions or services2 and 7,e7 building community awareness and support for the human rights of ,,lgbti persons4 7#d7 ,prioritization ,in providing assistance through the ,global ,equality ,fund1 the ,secretary shall ensure due consideration and appropriate prioritization of assistance to groups that have historically been excluded from programs undertaken to achieve the goals set forth in paragraph 7#c74 7b7 ,,lgbti ,global ,development ,partnership 7#a7 ,in general ,the ,administrator of the ,united ,states ,agency for ,international ,development1 in consultation with the ,secretary of ,state1 shall establish a partnership1 which shall be known as the ,,lgbti ,global ,development ,partnership1 to leverage the financial and technical contributions of corporations1 bilateral donors1 foundations1 nongovernmental organizations1 and universities to support the human rights and development of ,,lgbti persons around the world by supporting programs1 projects1 and activities for the purposes set forth in paragraph 7#b74 7#b7 ,purposes ,the purposes set forth in this paragraph are-- 7,a7 strengthening the capacity of ,,lgbti leaders and civil society organizations2 7,b7 training ,,lgbti leaders to effectively participate in democratic processes and lead civil institutions2 7,c7 conducting research to inform national1 regional1 or global policies and programs2 and 7,d7 promoting economic empowerment through enhanced ,,lgbti entrepreneurship and business development4 7c7 ,consultation ,in coordinating programs1 projects1 and activities through the ,global ,equality ,fund or the ,global ,development ,partnership1 the ,secretary of ,state shall consult1 as appropriate1 with the ,administrator of the ,united ,states ,agency for ,international ,development and the heads of other relevant ,federal departments and agencies4 7d7 ,report ,the ,secretary of ,state shall submit an annual report to the appropriate congressional committees that describes the work of1 successes obtained1 and challenges faced by1 the ,global ,equality ,fund and the ,,lgbti ,global ,development ,partnership established pursuant to this section4 7e7 ,limitation on assistance relating to equal access 7#a7 ,in general ,none of the amounts authorized to be appropriated or otherwise made available to provide ,united ,states assistance for any humanitarian1 development1 or global health programs may be made available to any contractor1 grantee1 or implementing partner1 unless such recipient-- 7,a7 ensures that the program1 project1 or activity funded by such amounts are made available to all elements of the population1 except to the extent that such program1 project1 or activity targets a population because of the higher assessed risk of negative outcomes among such populations2 7,b7 undertakes to make every reasonable effort to ensure that each subcontractor or subgrantee of such recipient complies with the requirement under subparagraph 7,a72 and 7,c7 agrees to return all amounts awarded or otherwise provided by the ,united ,states1 including such additional penalties as the ,secretary of ,state may determine to be appropriate1 if the recipient does not comply with the requirement under subparagraph 7,a74 7#b7 ,quarterly report ,the ,secretary of ,state shall submit a quarterly report to the appropriate congressional committees that describes the methods by which the ,department of ,state monitors compliance with the requirement under paragraph 7#a77;,a74 #h4 ,global health inclusivity 7a7 ,in general ,the ,coordinator of ,united ,states ,government ,activities to ,combat ,,hiv_/,,aids ,globally 7referred to in this section as the ,coordinator7 shall-- 7#a7 develop mechanisms to ensure that the implementation of the ,president's ,emergency ,plan for ,,aids ,relief 7,,pepfar7 equitably serves ,,lgbti people in accordance with the goals described in section #g7;e71 including by requiring all partner entities receiving assistance through ,,pepfar to receive training on the health needs of and human rights standards relating to ,,lgbti people2 and 7#b7 promptly notify ,congress of any obstacles encountered by a foreign government or contractor1 grantee1 or implementing partner in the effort to equitably implement ,,pepfar as described in such section1 including any remedial steps taken by the ,coordinator to overcome such obstacles4 7b7 ,report on international prosecutions for sex work or consensual sexual activity ,not later than #ahj days after the date of the enactment of this ,act1 the ,coordinator shall submit a report to the appropriate congressional committees that describes the manner in which commodities1 such as condoms1 provided by programs1 projects1 or activities funded through ,,pepfar or other sources of ,united ,states assistance have been used as evidence to arrest1 detain1 or prosecute individuals in other countries in order to enforce domestic laws criminalizing sex work or consensual sexual activity4 7c7 ,report on ,,hiv_/,,aids-,related index testing ,not later than #ahj days after the date of the enactment of this ,act1 the ,coordinator shall submit a report to the appropriate congressional committees that describes the impact of partner notification services and index testing on treatment adherence1 intimate partner violence1 and exposure to the criminal justice system for key populations1 including ,,lgbti people and sex workers1 using qualitative and quantitative data4 7d7 ,removing limitations on eligibility for foreign assistance 7#a7 ,conforming amendments to ,,tvpra authorization ,section #aac of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaaj7 is amended-- 7,a7 by striking subsection 7g72 and 7,b7 by redesignating subsections 7h7 and 7i7 as subsections 7g7 and 7h71 respectively4 7#b7 ,conforming amendments to ,,pepfar authorization ,section #cja of the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,act of #bjjc 7#bb ,u4,s4,c4 #gfca7 is amended-- 7,a7 by striking subsections 7d7 through 7f72 and 7,b7 by redesignating subsection 7g7 as subsection 7d74 7#c7 ,conforming amendments to the allocation of funds by the global ,,aids coordinator ,section #djc7;a7 of such ,act 7#bb ,u4,s4,c4 #gfgc7;a77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking shall-- and all that follows through 7,a7 provide and inserting shall provide2 7ii7 by striking 2 and and inserting a period2 and 7iii7 by striking subparagraph 7,b72 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,prevention strategy4-- and all that follows through ,in carrying out paragraph 7#a7 and inserting ,prevention strategy4--,in carrying out paragraph 7#a72 and 7ii7 by striking subparagraph 7,b74 #i4 ,immigration reform 7a7 ,permanent partners ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended-- 7#a7 in paragraph 7#ce71 by inserting includes any permanent partner1 but before does not include2 and 7#b7 by adding at the end the following3 7#ec7 ,the term marriage includes a permanent partnership4 7#ed7 ,the term permanent partner means an individual who is #ah years of age or older and-- 7,a7 is in a committed1 intimate relationship with another individual who is #ah years of age or older1 in which both parties intend a lifelong commitment2 7,b7 is financially interdependent with the other individual2 7,c7 is not married to anyone other than the other individual2 7,d7 is a national of or1 in the case of a person having no nationality1 last habitually resided in a country that prohibits marriage between the individuals2 and 7,e7 is not a first-1 second-1 or third-degree blood relation of the other individual4 7#ee7 ,the term permanent partnership means the relationship that exists between #b permanent partners4 4 7b7 ,refugees and asylum seekers 7#a7 ,,lgbti ,social ,group ,section #aja7;a77#db7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db77 is amended by adding at the end the following3 ,for purposes of determinations under this ,act1 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 group44 7#b7 ,report ,section #ajc7;e77#b7 of such ,act 7#h ,u4,s4,c4 #aajc7;e77#b77 is amended-- 7,a7 by striking on the number and inserting the following3 8regarding-- 7,a7 the number 2 and 7,b7 by striking the period at the end and inserting the following3 82 and 7,b7 the total number of applications for asylum and refugee status received that are1 in whole or in part1 based on persecution or a well founded fear of persecution on account of sexual orientation or gender identity1 and the rate of approval administratively of such applications4 4 7#c7 ,asylum filing deadline repeal 7,a7 ,in general ,section #bjh7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7i7 by striking subparagraph 7,b72 7ii7 by redesignating subparagraphs 7,c71 7,d71 and 7,e7 as subparagraphs 7,b71 7,c71 and 7,d72 7iii7 in subparagraph 7,b71 as redesignated1 by striking subparagraph 7,d7 and inserting subparagraph 7,c72 7iv7 by amending subparagraph 7,c71 as redesignated1 to read as follows3 7,c7 ,changed circumstances ,notwithstanding subparagraph 7,b71 an application for asylum of an alien may be considered if the alien demonstrates to the satisfaction of the ,attorney ,general the existence of changed circumstances which materially affect the applicant's eligibility for asylum4 2 and 7v7 in subparagraph 7,d71 as redesignated1 by striking ,subparagraphs 7,a7 and 7,b7 and inserting ,subparagraph 7,a74 7,b7 ,application ,the amendments made by subparagraph 7,a7 shall apply to applications for asylum filed before1 on1 or after the date of the enactment of this ,act4 7c7 ,counsel 7#a7 ,appointment of counsel ,section #bdj7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#d77 is amended-- 7,a7 in subparagraph 7,a71 by striking the comma at the end and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking ,act 1 and and inserting ,act22 7,c7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,d7 notwithstanding subparagraph 7,a71 if an indigent alien requests representation1 such representation shall be appointed by the court1 at the expense of the ,government1 for such proceedings4 4 7#b7 ,right to counsel ,section #bib of such ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7,a7 by striking ,in any removal and inserting the following3 7a7 ,in general ,in any removal 2 7,b7 in subsection 7a71 as redesignated1 by striking he and inserting the person2 and 7,c7 by adding at the end the following3 7b7 ,court appointment ,notwithstanding subsection 7a71 if an indigent alien requests representation1 such representation shall be appointed by the court1 at the expense of the ,government1 for the proceedings described in subsection 7a74 7c7 ,refugee proceedings ,in an interview relating to admission under section #bjg1 an alien shall have the privilege of being represented1 at no expense to the ,government1 by such counsel1 authorized to practice in such proceedings1 as the alien shall choose4 4 7d7 ,refugee admissions of ,,lgbti aliens from certain countries 7#a7 ,in general ,aliens who are nationals of or1 in the case of aliens having no nationality1 last habitually resided in a country that fails to protect against persecution on the basis of sexual orientation or gender identity and share common characteristics that identify them as targets of persecution on account of sexual orientation or gender identity are eligible for ,priority #b processing under the refugee resettlement priority system4 7#b7 ,resettlement processing 7,a7 ,in general ,if a refugee admitted under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 discloses information to an employee or contractor of the ,bureau of ,population1 ,refugees1 and ,migration of the ,department of ,state regarding the refugee's sexual orientation or gender identity1 the ,secretary of ,state1 with the refugee's consent1 shall provide such information to the appropriate national resettlement agency-- 7i7 to prevent the refugee from being placed in a community in which the refugee is likely to face continued discrimination2 and 7ii7 to place the refugee in a community that offers services that meet the needs of the refugee4 7,b7 ,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 ,states4 7e7 ,training program 7#a7 ,training program ,in order to create an environment in which an alien may safely disclose such alien's sexual orientation or gender identity1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 shall establish a training program for staff and translators who participate in the interview process of aliens seeking asylum or status as a refugee4 7#b7 ,components of training program ,the training program described in paragraph 7#a7 shall include instruction regarding-- 7,a7 appropriate word choice and word usage2 7,b7 creating safe spaces and facilities for ,,lgbti aliens2 7,c7 confidentiality requirements2 and 7,d7 nondiscrimination policies4 7f7 ,limitation on detention 7#a7 ,presumption of release 7,a7 ,in general ,notwithstanding any other provision of law and except as provided in subparagraphs 7,b7 and 7,c71 the ,secretary of ,homeland ,security-- 7i7 may not detain an alien who is a member of a vulnerable group under any provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 pending a decision with respect to whether the alien is to be removed from the ,united ,states2 and 7ii7 shall immediately release any detained alien who is a member of a vulnerable group4 7,b7 ,exceptions ,the ,secretary of ,homeland ,security may detain1 pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 an alien who is a member of a vulnerable group if the ,secretary makes a determination1 using credible and individualized information1 that the use of alternatives to detention will not reasonably assure the appearance of the alien at removal proceedings1 or that the alien is a threat to another person or the community4 ,a pending criminal charge against the alien may not be the sole factor to justify the detention of the alien4 7,c7 ,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 group1 the subject of a final order of deportation or removal1 and not detained under subparagraph 7,b71 the ,secretary of ,homeland ,security may1 solely for the purpose of such removal1 detain the alien for a period that is-- 7i7 the shortest possible period immediately preceding the removal of the alien from the ,united ,states2 and 7ii7 not more than #e days4 7#b7 ,weekly review required 7,a7 ,in general ,not less frequently than weekly1 the ,secretary of ,homeland ,security shall conduct an individualized review of an alien detained under paragraph 7#a77;,b7 to determine whether the alien should continue to be detained under such paragraph4 7,b7 ,release ,not later than #bd hours after the ,secretary determines under subparagraph 7,a7 that an alien should not be detained under paragraph 7#a77;,b71 the ,secretary shall release the alien4 7g7 ,protective custody for ,,lgbti alien detainees 7#a7 ,detainees ,an ,,lgbti alien who is detained under subparagraph 7,b7 or 7,c7 of subsection 7f77#a7 may not be placed in housing that is segregated from the general population unless-- 7,a7 the alien requests placement in such housing for the protection of the alien2 or 7,b7 the ,secretary of ,homeland ,security determines1 after assessing all available alternatives1 that there is no available alternative means of separation from likely abusers4 7#b7 ,placement factors ,in a case in which an ,,lgbti alien is placed in segregated housing pursuant to paragraph 7#a71 the ,secretary of ,homeland ,security shall ensure that such housing-- 7,a7 includes non-,,lgbti aliens1 to the extent practicable2 and 7,b7 complies with any applicable court order for the protection of ,,lgbti aliens4 7#c7 ,protective custody requests ,in a case in which an ,,lgbti alien who is detained requests placement in segregated housing for the protection of such alien1 the ,secretary of ,homeland ,security shall grant such request4 7h7 ,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 #ahj days after a request for ,priority #b consideration is filed4 #aj4 ,engaging international organizations in the fight against ,,lgbti discrimination 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states should be a leader in efforts by the ,united ,nations to ensure that human rights norms1 development principles1 and political rights are fully inclusive of ,,lgbti people2 7#b7 ,united ,states leadership within international financial institutions1 such as the ,world ,bank and the regional development banks1 should be used to ensure that the programs1 projects1 and activities undertaken by such institutions are fully inclusive of all people1 including ,,lgbti people2 and 7#c7 the ,secretary of ,state should seek appropriate opportunities to encourage the equal treatment of ,,lgbti people during discussions with or participation in the full range of regional1 multilateral1 and international fora1 such as the ,organization of ,american ,states1 the ,organization for ,security and ,cooperation in ,europe1 the ,european ,union1 the ,african ,union1 and the ,association of ,south ,east ,asian ,nations4 7b7 ,action through the ,equal ,rights ,coalition ,the ,secretary of ,state shall promote diplomatic coordination through the ,equal ,rights ,coalition1 established in ,july #bjaf at the ,global ,,lgbti ,human ,rights ,conference in ,montevideo1 ,uruguay1 and other multilateral mechanisms1 to achieve the goals and outcomes described in subsection 7a74 #aa4 ,representing the rights of ,united ,states ,,lgbti citizens deployed to diplomatic and consular posts 7a7 ,sense of ,congress ,it is the sense of ,congress that1 recognizing the importance of a diverse workforce in the representation of the ,united ,states abroad1 and in support of sound personnel staffing policies1 the ,secretary of ,state should-- 7#a7 prioritize efforts to ensure that foreign governments do not impede the assignment of ,united ,states ,,lgbti citizens and their families to diplomatic and consular posts2 7#b7 open conversations with entities in the ,united ,states private sector that engage in business in other countries to the extent necessary to address any visa issues faced by such private sector entities with respect to their ,,lgbti employees2 and 7#c7 prioritize efforts to improve post and post school information for ,,lgbti employees and employees with ,,lgbti family members4 7b7 ,remedies for family visa denial 7#a7 ,in general ,the ,secretary of ,state shall use all appropriate diplomatic efforts to ensure that the families of ,,lgbti employees of the ,department are issued visas from countries where such employees are posted4 7#b7 ,list required ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to ,congress-- 7,a7 a classified list of each country that has refused to grant accreditation to ,,lgbti employees of the ,department or their family members during the most recent #b-year period2 and 7,b7 the actions taken or intended to be taken by the ,secretary1 in accordance with paragraph 7#a71 to ensure that ,,lgbti employees are appointed to appropriate positions in accordance with diplomatic needs and personnel qualifications1 including actions specifically relating to securing the accreditation of the families of such employees by relevant countries4 7c7 ,improving post information and overseas environment for ,,lgbti adults and children 7#a7 ,in general ,the ,secretary of ,state shall ensure that ,,lgbti employees and employees with ,,lgbti family members have adequate information to pursue overseas postings1 including country environment information for adults and children4 7#b7 ,non-discrimination policies for u4s4 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 policies1 including policies relating to sexual orientation and gender identity impacting ,,lgbti children of all ages4 7#c7 ,required information for ,,lgbti children ,the ,secretary shall ensure that information focused on ,,lgbti children of all ages 7including transgender and gender nonconforming students7 is included in post reports1 bidding materials1 and ,office of ,overseas ,schools reports1 databases1 and adequacy lists4