,,ii #aafth ,,congress #ast ,session ,s4 #hfa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjai,mr4 ,markey 7for himself1 ,ms4 ,warren1 ,mr4 ,blumenthal1 ,mrs4 ,shaheen1 ,mr4 ,durbin1 ,mr4 ,cardin1 ,mr4 ,casey1 ,ms4 ,klobuchar1 ,ms4 ,smith1 ,ms4 ,baldwin1 ,mr4 ,merkley1 ,ms4 ,stabenow1 ,mr4 ,wyden1 ,ms4 ,hirono1 ,mr4 ,reed1 ,mrs4 ,gillibrand1 ,mr4 ,sanders1 ,ms4 ,harris1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to establish in the ,bureau of ,democracy1 ,human ,rights1 and ,labor of the ,department of ,state a ,special ,envoy for the ,human ,rights of ,,lgbti ,peoples1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,international ,human ,rights ,defense ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 or mannerisms or other gender-related characteristics of an individual1 regardless of the individual's designated sex at birth4 7#c7 ,,lgbti ,the term ,,lgbti means lesbian1 gay1 bisexual1 transgender1 or intersex4 7#d7 ,intersex ,the term intersex means individuals born with sex characteristics 7including genitals1 gonads1 or chromosome patterns7 that vary from typical binary notions of male or female bodies and is an umbrella term used to describe a wide range of natural bodily variations4 7#e7 ,sexual orientation ,the term sexual orientation means actual or perceived homosexuality1 heterosexuality1 or bisexuality4 #c4 ,findings ,congress makes the following findings3 7#a7 ,around the world1 ,,lgbti people face violence1 discrimination1 hatred1 and bigotry4 7#b7 ,sixty-nine countries criminalize same-sex relations and at least three countries prohibit the public support of the ,,lgbti community4 ,that is equal to #ce percent of ,united ,nations member states4 7#c7 ,in several countries1 homosexuality is a crime that is punishable by death4 7#d7 ,intersex people experience prejudice and discrimination because their bodies do not conform to other people's expectations about sex and gender1 including the common performance of medically unnecessary surgeries without the consent or approval of intersex individuals4 7#e7 ,violence and discrimination based on sexual orientation and gender identity are documented in the ,department of ,state's annual ,human ,rights ,report to ,congress4 ,the #bjag report continues to show a clear pattern of human rights violations in every region of the world based on sexual orientation and gender identity4 ,these violations include murder1 rape1 torture1 death threats1 extortion1 and imprisonment1 as well as loss of employment1 housing1 access to health care1 and other forms of societal stigma and discrimination4 ,the report further documents ,,lgbti-specific restrictions on basic freedoms of assembly1 press1 and speech in every region of the world4 7#f7 ,in ,jamaica and other countries1 discrimination against ,,lgbti people1 including corrective rape of lesbian women1 occurs all too frequently and with relative impunity4 7#g7 ,in #bjac1 the ,russian ,duma passed a law banning so-called homosexual propaganda1 which effectively makes it a crime to publicly support ,,lgbti equality or even discuss homosexuality4 ,this pernicious law is the basis for similar so-called antipropaganda legislation in countries across ,eastern ,europe and ,central ,asia1 including in ,moldova1 ,kyrgyzstan1 and ,belarus4 7#h7 ,in ,december #bjac1 the ,government of ,nigeria adopted a law that further criminalized same-sex relations and support for ,,lgbti people1 endangering neighbors1 friends1 doctors1 and landlords of ,,lgbti people4 7#i7 ,several countries in ,south ,asia continue to have draconian laws that criminalize homosexual acts1 which place ,,lgbti people in danger and undermine their ability to live free from persecution4 7#aj7 ,in ,february #bjad1 the ,government of ,uganda adopted a law making aggravated homosexuality a crime punishable with life imprisonment and concurrently1 the ,government of ,uganda also passed laws severely limiting the basic freedoms of speech and assembly for ,,lgbti citizens4 ,while the ,constitutional ,court overturned the ,anti-,homosexuality ,act on a technicality in ,august #bjad1 ,,lgbti ,ugandans continue to be subjected to discrimination and violence1 and their government has in recent years forcibly shut down even private ,pride celebrations in ,kampala4 7#aa7 ,on ,april #a1 #bjag1 the ,russian newspaper ,novaya ,gazeta reported that the government of the autonomous republic of ,chechnya had been arresting1 detaining1 and torturing gay and bisexual men in secret prisons since early #bjag4 ,international human rights groups and ,russian ,,lgbti rights activists estimate that as many as #bj people may have been murdered thus far and potentially over #bjj people were detained during the purge4 ,an ,,osce factfinding report released in ,december #bjah confirmed the atrocities1 documenting several waves of violations of human rights abuses of persons based on their sexual orientation and gender identity4 ,reports from early #bjai suggest the purge has continued4 7#ab7 ,on ,may #bc1 #bjag1 and again on ,july #ac1 #bjah1 gay men were publicly caned in the ,indonesian province of ,aceh1 while thousands of spectators snapped pictures outside a mosque as the brutal punishment was meted out4 ,several times in #bjag1 police in ,indonesia have arrested men at private parties1 sometimes releasing their photographs to the news media1 endangering their lives4 7#ac7 ,in ,september #bjag1 reports emerged from ,azerbaijan that authorities had begun a crackdown on gay men and transgender women1 arresting more than #fj and subjecting them to beatings1 harassment1 torture1 and blackmail4 7#ad7 ,from ,september through ,december #bjag1 over #gj ,,lgbti individuals were arrested in ,egypt1 with dozens receiving prison sentences of up to six years4 ,in late #bjag1 authorities in ,egypt instructed local media to delete any positive references to ,,lgbti people1 and lawmakers proposed a bill that would criminalize ,,lgbti people and their allies4 ,the arrests continued in #bjah1 with a ,cairo-based ,,lgbti rights organization documenting #gf arrests for alleged same-sex conduct in #bjah4 7#ae7 ,anti-,,lgbti laws not only endanger all ,,lgbti individuals1 but also pose serious risks for those associated with or caring for ,,lgbti people4 ,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#af7 ,according to the ,trans ,murder ,monitoring ,project1 which monitors homicides of transgender individuals1 there were at least #cfi cases of reported killings of trans and gender-diverse people between ,october #bjag and ,september #bjah1 an increase over previous years4 ,the organization reports that a majority of the murders occurred in ,brazil 7#afg71 ,mexico 7#ga71 the ,united ,states 7#bh71 and ,colombia 7#ba71 adding up to a total of #bihb reported cases in #gb countries worldwide between #ast of ,january #bjjh and #cjth of ,september #bjah4 7#ag7 ,according to the ,international ,guidelines on ,,hiv_/,,aids and ,human ,rights1 as published by the ,united ,nations ,high ,commissioner for ,human ,rights1 and according to the ,july #bjag report of the ,independent ,expert on protection against violence and discrimination based on sexual orientation and gender identity1 countries should review and reform criminal laws and correctional systems to ensure that they are consistent with international human rights obligations and are not misused or targeted against vulnerable groups4 7#ah7 ,removing institutionalized discrimination and targeted persecution against ,,lgbti people around the world is a critical step in the promotion of human rights and global health internationally4 7#ai7 ,anti-,,lgbti laws and discrimination pose significant risks for ,,lgbti youth who come out 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#bj7 ,on ,december #f1 #bjaa1 ,president ,barack ,obama released the ,presidential ,memorandum--,international ,initiatives to ,advance the ,human ,rights of ,lesbian1 ,gay1 ,bisexual1 and ,transgender ,persons4 ,the memorandum directed all ,federal agencies engaged abroad to ensure that ,united ,states diplomacy and foreign assistance promote and protect the human rights of ,,lgbti persons4 7#ba7 ,on ,february #bc1 #bjae1 ,secretary of ,state ,john ,kerry appointed senior diplomat ,randy ,berry as the ,department of ,state's first-ever ,special ,envoy for the ,human ,rights of ,,lgbti ,persons4 ,secretary ,pompeo pledged to re-fill that position during his ,april #bjah confirmation hearing1 but has yet to do so4 7#bb7 ,on ,june #cj1 #bjaf1 the ,united ,nations ,human ,rights ,council passed a resolution cosponsored by the ,united ,states that established an independent expert on violence and discrimination based on sexual orientation and gender identity to help monitor and track discrimination and violence experienced by ,,lgbti persons around the world4 7#bc7 ,in ,november #bjaf1 the ,government of ,tanzania placed a ban on all ,,hiv and ,,aids outreach projects aimed at gay men1 including those funded by the ,president's ,emergency ,plan for ,,aids ,relief4 ,this forced the closure of ,united ,states-funded programs providing testing1 condoms1 and care to gay men1 exacerbating the health needs of gay men in ,tanzania1 about #cj percent of whom are ,,hiv positive4 ,in #bjah1 various government officials have announced crackdowns on the ,,lgbti community1 including a threat by the governor of the largest city1 who announced a purge on ,,lgbti individuals and asked the public to report them4 ,reports suggest that many people have been arrested and more are in hiding4 7#bd7 ,in ,february #bjag1 three transgender women were murdered in ,el ,salvador with impunity1 leading the ,united ,nations to call for an investigation into crimes against sexual and gender minorities in that country4 ,a #bjaf report noted that transgender women in ,el ,salvador have an average life expectancy of less than #ce years due to violence1 discrimination1 and femicide4 7#be7 ,extreme violence in ,el ,salvador1 ,nicaragua1 ,guatemala1 and ,honduras has driven ,,lgbti people to flee their countries or origin to the ,united ,states for protection4 ,,lgbti people were among the first asylum seekers in the migrant caravans arriving at the ,united ,states-,mexico border4 7#bf7 ,at the annual ,summit of ,commonwealth ,nations in ,april #bjah1 ,united ,kingdom ,prime ,minister ,theresa ,may issued an apology for discriminatory laws criminalizing same-sex relationships that were imposed on ,british colonies around the world4 ,she also announced the creation of a fund to support legal reform efforts4 7#bg7 ,in ,april #bjah1 ,trinidad and ,tobago's ,high ,court of ,justice issued a landmark ruling declaring that laws which criminalize same-sex relationships between consenting adults are unconstitutional4 7#bh7 ,in ,april #bjad1 the ,supreme ,court of ,india recognized transgender people as a third gender1 improving the legal rights of transgender people in that country4 ,though an important step1 the decision does not grant full legal rights to transgender people4 7#bi7 ,in ,september #bjah1 the ,supreme ,court of ,india issued a unanimous decision decriminalizing same-sex relationships across the country4 ,the landmark case is likely to support similar legal challenges to colonial-era sodomy laws in other former ,british colonies1 since the ,indian sodomy law was the model used for other ,british colonies4 7#cj7 ,angola decriminalized same-sex relationships in ,january #bjai1 and prohibited discrimination against people on the basis of sexual orientation4 7#ca7 ,in ,january #bjah1 the ,inter-,american ,court of ,human ,rights issued an advisory opinion declaring that the ,american ,convention on ,human ,rights1 adopted at ,san ,jose ,november #bb1 #aifi1 grants the right of transgender people to change their name and gender on public documents1 and that same-sex couples must be granted full legal rights1 including the right to marriage4 ,this ruling is animating legal reforms and human rights cases across the ,americas4 7#cb7 ,in ,september #bjah1 the legislature in ,chile passed a groundbreaking legal gender recognition law1 which allows transgender individuals to self-determine their legal gender in official documents without a judicial determination or medical interventions4 ,the ,government of ,uruguay passed a similarly expansive gender recognition law in #bjah4 #d4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to take effective action to prevent and respond to discrimination and violence against all people on any basis internationally1 including sexual orientation1 gender identity1 and sex characteristics1 and that human rights policy includes attention to criminalization1 hate crimes1 and other discrimination against ,,lgbti people2 7#b7 to systematically integrate and coordinate into ,united ,states foreign policy efforts to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7#c7 to support and build local capacity in countries around the world1 including of governments at all levels and nongovernmental organizations1 to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7#d7 to consult1 cooperate1 coordinate1 and collaborate with a wide variety of nongovernmental partners1 including faith-based organizations and ,,lgbti-led organizations1 with demonstrated experience in preventing and responding to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7#e7 to employ a multisectoral approach to preventing and responding to criminalization1 discrimination1 and violence against ,,lgbti people internationally1 including activities in the economic1 education1 health1 nutrition1 legal1 and judicial sectors2 7#f7 to work at all levels1 from the individual to the family1 community1 local1 national1 and international levels1 to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7#g7 to enhance training by ,united ,states personnel of professional foreign military and police forces and judicial officials to include appropriate and thorough ,,lgbti-specific instruction on preventing and responding to criminalization1 discrimination1 and violence based on sexual orientation and gender identity2 7#h7 to engage non-,,lgbti people as allies and partners1 as an essential element of making sustained reductions in criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7#i7 to require that all ,federal contractors and grant recipients in the ,united ,states ,government's international programs establish appropriate policies and take effective measures to ensure the protection and safety of their staff and workplace1 including from discrimination and violence directed against ,,lgbti people and those who provide services to them2 7#aj7 to exert sustained international leadership1 including in bilateral and multilateral fora1 to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7#aa7 to fully implement and expand upon the policies outlined in the ,presidential ,memorandum--,international ,initiatives to ,advance the ,human ,rights of ,lesbian1 ,gay1 ,bisexual1 and ,transgender ,persons2 7#ab7 to ensure that international efforts to combat ,,hiv_/,,aids take all appropriate measures to support at-risk communities1 including ,,lgbti people1 and to create enabling legal environments for these communities2 7#ac7 to work with governments and nongovernmental partners around the world to develop and implement regional strategies to decriminalize homosexuality and to counteract the prohibition of public support of ,,lgbti people2 and 7#ad7 to ensure that those who have a well-founded fear of persecution on account of being ,,lgbti or supporting ,,lgbti rights have the opportunity to seek protection in the ,united ,states4 #e4 ,special envoy for the human rights of ,,lgbti people 7a7 ,establishment ,the ,secretary of ,state shall establish in the ,bureau of ,democracy1 ,human ,rights1 and ,labor 7,,drl7 of the ,department of ,state a permanent ,special ,envoy for the ,human ,rights of ,,lgbti ,peoples 7in this section referred to 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 7b7 ,purpose ,in addition to the duties described in subsection 7c7 and those duties determined by the ,secretary of ,state1 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 7c7 ,duties 7#a7 ,in general ,the ,special ,envoy-- 7,a7 shall serve as the principal advisor to the ,secretary of ,state regarding human rights for ,,lgbti people internationally2 7,b7 shall1 notwithstanding any other provision of law1 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 ,state1 and shall lead the coordination of relevant international programs for all other ,federal agencies relating to such matters2 7,c7 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 7,d7 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 7,e7 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 7,f7 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 7,g7 shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 7,h7 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 7,i7 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 7#b7 ,data repository ,the ,bureau of ,democracy1 ,human ,rights1 and ,labor shall-- 7,a7 be the central repository of data on all ,united ,states programs1 projects1 and activities that relate to prevention and response to criminalization1 discrimination1 and violence against ,,lgbti people internationally2 and 7,b7 produce-- 7i7 a full accounting of ,united ,states ,government spending on such programs1 projects1 and activities2 and 7ii7 evaluations of the effectiveness of such programs1 projects1 and activities4 7d7 ,briefings and assessments ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,special ,envoy shall-- 7#a7 brief the appropriate congressional committees on the status of the human rights of ,,lgbti people internationally1 as well as on the status of programs and response strategies to address criminalization1 discrimination1 and violence against ,,lgbti people internationally2 and 7#b7 submit to the appropriate congressional committees an assessment of human and financial resources necessary to fulfill the purposes and duties of this ,act4 7e7 ,united states policy ,to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people globally 7#a7 ,global strategy requirement ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for each of the following five years1 the ,special ,envoy shall develop or update1 as the case may be1 a ,united ,states global strategy to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally4 ,the ,special ,envoy shall submit the global strategy to the appropriate congressional committees and1 if practicable1 make the global strategy available to the public4 7#b7 ,collaboration and coordination ,in developing the global strategy required under paragraph 7#a71 the ,special ,envoy shall consult with-- 7,a7 mid- and high-level officials of relevant ,federal agencies2 and 7,b7 representatives of nongovernmental organizations with demonstrated experience in addressing criminalization1 discrimination1 and violence against ,,lgbti people internationally or promoting equal rights for ,,lgbti people internationally4 7f7 ,monitoring the ,united ,states strategy ,to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people and communities internationally 7#a7 ,in general ,in each global strategy submitted under subsection 7e71 the ,special ,envoy shall include an analysis of best practices for preventing and addressing criminalization1 discrimination1 and violence against ,,lgbti people and communities internationally1 including-- 7,a7 a description of successful efforts by foreign governments and nongovernmental organizations to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people and communities internationally2 7,b7 recommendations related to best practices1 effective strategies1 and improvements to enhance the impact of such prevention and response efforts2 and 7,c7 the impact of activities funded by the global strategy in preventing and reducing criminalization1 discrimination1 and violence against ,,lgbti people and communities internationally4 7#b7 ,information required to be included in annual country reports on human rights practices 7,a7 ,section #aaf ,section #aaf7;d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7d77 is amended-- 7i7 in paragraph 7#aa77;,c71 by striking 2 and and inserting a semicolon2 7ii7 in paragraph 7#ab77;,c77ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new paragraph3 7#ac7 wherever applicable1 the nature and extent of criminalization1 discrimination1 and violence based on sexual orientation and gender identity1 including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity 7as those terms are defined in section #b of the ,international ,human ,rights ,defense ,act of #bjah71 including detailed descriptions of such laws and provisions4 4 7,b7 ,section #ejb;b ,section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7 is amended-- 7i7 by redesignating the second subsection 7i7 7relating to child marriage status7 as subsection 7j72 and 7ii7 by adding at the end the following new subsection3 7k7 ,sexual orientation and gender identity ,the report required under subsection 7b7 shall include1 wherever applicable1 the nature and extent of criminalization1 discrimination1 and violence based on sexual orientation and gender identity1 including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity 7as those terms are defined in section #b of the ,international ,human ,rights ,defense ,act of #bjah71 including detailed descriptions of such laws and provisions4 4 #f4 ,implementation of the ,united ,states strategy to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people and communities internationally ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development are authorized to provide assistance to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbti people internationally4 ,such assistance may include the following activities3 7#a7 ,development and implementation of programs1 such as the ,global ,equality ,fund of the ,department of ,state1 that respond to human rights abuses and economic exclusion of ,,lgbti people in the workplace and in public4 7#b7 ,development and enforcement of civil and criminal legal and judicial sanctions1 protection1 training1 and capacity4 7#c7 ,enhancement of health sector capacity to detect1 prevent1 and respond to violence against ,,lgbti people and communities internationally1 and to combat ,,hiv_/,,aids in the ,,lgbti community internationally1 in close coordination with the ,office of the ,global ,,aids ,coordinator and ,health ,diplomacy of the ,department of ,state4 7#d7 ,development of a leadership program for international ,,lgbti activists that will foster collaboration and knowledge sharing across the world4