,,ii #aahth ,,congress #ast ,session ,s4 #ajjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bh1 #bjbc,mr4 ,markey 7for himself1 ,mr4 ,cardin1 ,mrs4 ,feinstein1 ,mr4 ,hickenlooper1 ,ms4 ,baldwin1 ,mr4 ,whitehouse1 ,ms4 ,stabenow1 ,mr4 ,carper1 ,ms4 ,smith1 ,ms4 ,hassan1 ,ms4 ,cantwell1 ,mr4 ,kaine1 ,mr4 ,murphy1 ,mr4 ,menendez1 ,mr4 ,welch1 ,mr4 ,van ,hollen1 ,mr4 ,kelly1 ,mr4 ,sanders1 ,mr4 ,padilla1 ,mrs4 ,murray1 ,ms4 ,klobuchar1 and ,mrs4 ,shaheen7 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 ,,lgbtqi ,peoples1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,international ,human ,rights ,defense ,act of #bjbc4 #b4 ,findings ,congress makes the following findings3 7#a7 ,around the world1 ,,lgbtqi people face violence1 stigma1 and discrimination based on their sexual orientation1 gender identity1 or sex characteristics4 7#b7 ,sixty-seven countries have national laws that criminalize same-sex relations and at least #db ,united ,nations member states have legal barriers for freedom of expression on issues related to sexual and gender diversity4 ,that is equal to roughly #ce percent of ,united ,nations member states4 7#c7 ,eleven countries have jurisdictions in which the death penalty can be imposed for private1 consensual same-sex sexual activity4 7#d7 ,despite recent progress made toward decriminalization1 marriage equality1 and legal gender recognition1 several countries have introduced anti-,,lgbtqi pieces of legislation that would further criminalize or stigmatize ,,lgbtqi peoples4 ,this includes a draconian law under review in ,ghana that would outlaw ,,lgbtqi relationships or identities1 as well as actions by community allies1 and bills that ban so-called ,,lgbtqi propaganda1 such as those in ,russia and ,hungary4 7#e7 ,in anti-,,lgbtqi prosecutions1 law enforcement officials1 working in tandem with medical personnel1 use the forensically discredited practice of forced anal exams to try to prove same-sex sexual activity or otherwise to torture or intimidate detainees4 ,the ,united ,nations ,special ,rapporteur on ,torture has described forced anal examinations as a form of torture or cruel1 inhuman1 and degrading treatment and the ,united ,nations ,office of the ,high ,commissioner for ,human ,rights issued a report in #bjae calling for governments to ban the practice4 ,human ,rights ,watch has documented several cases in which forced anal examinations have been used to sentence individuals for same-sex sexual conduct1 including in ,uzbekistan and ,egypt4 7#f7 ,the closing of civil society space1 particularly with the increased passage or enforcement of laws that prevent the registration or operations of nongovernmental organizations1 discriminates against ,,lgbtqi human rights defenders and is a violation of freedom of association4 ,this includes the wrongful closure of ,sexual ,minorities ,uganda 7,,smug71 a leading nongovernmental organization committed to protecting and advancing the human rights of ,,lgbtqi individuals in ,uganda4 7#g7 ,extreme violence and insecurity in ,el ,salvador1 ,nicaragua1 ,guatemala1 and ,honduras has driven ,,lgbtqi people to flee their countries of origin to the ,united ,states for protection4 ,at the ,united ,states border with ,mexico1 ,,lgbtqi asylum seekers face additional violence and many have been returned to face persecution in their home countries or in third countries that are not safe4 7#h7 ,studies have shown that structural risks1 including country-level policies1 prosecutions1 and legal barriers1 might contribute to higher ,,hiv prevalence among ,,lgbtqi people1 especially gay1 bisexual1 and other men who have sex with men4 ,decriminalization1 decreasing enforcement1 and stigma reduction are necessary to effective control of ,,hiv4 7#i7 ,the ,trans ,murder ,monitoring ,project1 which monitors homicides of transgender individuals1 documented at least #cbg trans and gender-diverse people killed between ,october #a1 #bjba1 and ,september #cj1 #bjbb4 ,of these cases1 #fh percent of all of the murders occurred in ,latin ,america and the ,caribbean1 with #bi percent of the total occurring in ,brazil4 7#aj7 ,intersex people experience prejudice and discrimination1 including the common performance of medically unnecessary surgeries without their consent or approval1 because their bodies do not conform to other people's expectations about sex and gender4 7#aa7 ,violence and discrimination based on sexual orientation and gender identity are documented in the ,department of ,state's annual ,country ,reports on ,human ,rights ,practices4 ,the report covering #bjba continues to show a clear pattern of human rights violations or abuses in every region of the world based on sexual orientation1 gender identity1 or sex characteristics4 ,these violations or abuses 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 reports further document ,,lgbtqi-specific restrictions on basic freedoms of assembly1 press1 and speech in every region of the world4 7#ab7 ,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 ,,lgbt persons4 7#ac7 ,on ,february #d1 #bjba1 ,president ,joe ,biden issued a similar memorandum1 the ,memorandum on ,advancing the ,human ,rights of ,lesbian1 ,gay1 ,bisexual1 ,transgender1 ,queer1 and ,intersex ,persons ,around the ,world1 to promote and protect the human rights of ,,lgbtqi persons and establish that it is the policy of the ,united ,states to pursue an end to violence and discrimination on the basis of sexual orientation1 gender identity or expression1 or sex characteristics1 and to lead by the power of our example in the cause of advancing the human rights of ,,lgbtqi persons around the world4 7#ad7 ,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 ,no person was named to that position during the ,trump ,administration4 7#ae7 ,on ,june #be1 #bjba1 ,president ,joe ,biden announced the appointment of ,jessica ,stern to serve as the ,united ,states ,special ,envoy to ,advance the ,human ,rights of ,,lgbtqi ,persons4 ,she joined the ,department of ,state on ,september #bg1 #bjba4 7#af7 ,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 ,,lgbtqi persons around the world4 7#ag7 ,in ,may #bjbj1 the ,united ,nations ,independent ,expert on protection against violence and discrimination based on sexual orientation and gender identity released a report on so-called conversion therapy1 which is an umbrella term used to describe interventions based on a belief that a person's sexual orientation or gender identity can and should be changed4 ,the report concluded that such practices represent significant violations of rights to personal autonomy1 health1 and free expression and are by their very nature degrading1 inhuman and cruel and create a significant risk of torture4 ,the ,independent ,expert noted the psychological pain and suffering inflicted by practices of conversion therapy are deep and long-lasting and often exacerbate the risk of suicide1 and called for a global ban on conversion therapy4 7#ah7 ,on ,june #ae1 #bjbb1 ,president ,joe ,biden signed an ,executive ,order in part directing the ,secretary of ,state1 in collaboration with the ,secretary of the ,treasury1 the ,secretary of ,health and ,human ,services1 and the ,administrator of the ,united ,states ,agency for ,international ,development1 to develop an action plan to promote an end to so-called conversion therapy around the world and ensure that ,united ,states foreign assistance dollars do not fund the practice4 #c4 ,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 violence1 and other discrimination against ,,lgbtqi people2 7#b7 to systematically integrate and coordinate into ,united ,states foreign policy efforts to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi 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 ,,lgbtqi people internationally2 7#d7 to consult1 cooperate1 coordinate1 and collaborate with a wide variety of nongovernmental partners1 including faith-based organizations and ,,lgbtqi-led organizations1 with demonstrated experience in preventing and responding to criminalization1 discrimination1 and violence against ,,lgbtqi people internationally2 7#e7 to employ a multisectoral approach to preventing and responding to criminalization1 discrimination1 and violence against ,,lgbtqi 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 ,,lgbtqi 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 ,,lgbtqi-specific instruction on preventing and responding to criminalization1 discrimination1 and violence based on sexual orientation and gender identity2 7#h7 to engage non-,,lgbtqi people as allies and partners1 as an essential element of making sustained reductions in criminalization1 discrimination1 and violence against ,,lgbtqi people internationally2 7#i7 to require that all ,federal contractors and grant recipients awarded a contract or receiving a grant1 as the case may be1 under an international program of the ,united ,states ,government 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 ,,lgbtqi 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 ,,lgbtqi people internationally2 7#aa7 to fully implement and expand upon the policies outlined in the ,presidential ,memorandum--,advancing the ,human ,rights of ,lesbian1 ,gay1 ,bisexual1 ,transgender1 ,queer1 and ,intersex ,persons ,around the ,world2 7#ab7 to ensure that international efforts to combat ,,hiv_/,,aids take all appropriate measures to support at-risk communities1 including ,,lgbtqi 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 other restrictions on the human rights of ,,lgbtqi people1 including restrictions on ,,lgbtqi organizations and so-called ,,lgbtq propaganda laws2 and 7#ad7 to ensure that those who have a well-founded fear of persecution on account of being ,,lgbtqi or supporting ,,lgbtqi rights have the opportunity to seek protection in the ,united ,states4 #d4 ,special ,envoy for the ,human ,rights of ,,lgbtqi ,people 7a7 ,establishment 7#a7 ,in general ,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 ,,lgbtqi ,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 7#b7 ,rank ,the ,president may appoint the ,special ,envoy at the rank of ,ambassador1 by and with the advice and consent of the ,senate4 7b7 ,purpose ,in addition to the duties described in subsection 7c7 and those duties determined by the ,president and 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 ,president and the ,secretary1 regarding human rights abuses against ,,lgbtqi people and communities internationally and the advancement of human rights for ,,lgbtqi people1 and shall represent the ,united ,states internationally in bilateral and multilateral engagement on such matters4 7c7 ,duties ,the ,special ,envoy-- 7#a7 shall serve as the principal advisor to the ,secretary of ,state regarding the human rights of ,,lgbtqi people internationally2 and 7#b7 at the direction of the ,secretary of ,state-- 7,a7 shall1 notwithstanding any other provision of law1 direct activities1 policies1 programs1 and funding relating to the human rights of ,,lgbtqi people and the advancement of ,,lgbtqi 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,b7 shall represent the ,united ,states in diplomatic matters1 including in bilateral and multilateral fora1 relevant to the human rights of ,,lgbtqi people1 including criminalization1 discrimination1 and violence against ,,lgbtqi people internationally2 7,c7 shall direct1 as appropriate1 ,united ,states ,government resources to respond to needs for protection1 integration1 resettlement1 and empowerment of ,,lgbtqi people in ,united ,states ,government policies and international programs1 including to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi people internationally2 7,d7 shall design1 support1 and implement activities regarding support1 education1 resettlement1 and empowerment of ,,lgbtqi people internationally1 including for the prevention and response to criminalization1 discrimination1 and violence against ,,lgbtqi people internationally2 7,e7 shall lead interagency coordination between the foreign policy priorities related to the human rights of ,,lgbtqi people and the development assistance priorities of the ,,lgbtqi ,coordinator of the ,united ,states ,agency for ,international ,development2 and 7,f7 shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi people internationally4 7d7 ,briefings and assessments ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,special ,envoy shall provide to the appropriate congressional committees a briefing on the status of the human rights of ,,lgbtqi people internationally1 as well as on the status of programs and response strategies of the ,united ,states ,government to address criminalization1 discrimination1 and violence against ,,lgbtqi people internationally4 7e7 ,united ,states policy ,to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi 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 ,,lgbtqi 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 ,,lgbtqi people internationally or promoting equal rights for ,,lgbtqi people internationally4 7f7 ,monitoring the ,united ,states strategy ,to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi people and communities internationally ,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 ,,lgbtqi 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 ,,lgbtqi 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 ,,lgbtqi people and communities internationally4 #e4 ,documenting and responding to bias-motivated violence against ,,lgbtqi people abroad 7a7 ,report on human rights and development assistance ,section #aaf7;d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7d77 is amended-- 7#a7 in paragraph 7#aa77;,c71 by striking 2 and and inserting a semicolon2 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 following new paragraph3 7#ac7 wherever applicable1 the nature and extent of criminalization1 discrimination1 and violence by state and nonstate actors based on sexual orientation or gender identity1 as those terms are defined in section #g of the ,international ,human ,rights ,defense ,act of #bjbc1 or sex characteristics1 including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation1 gender identity1 or sex characteristics1 including descriptions of such laws and provisions4 4 7b7 ,report on human rights and security assistance ,section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7 is amended-- 7#a7 by redesignating the second subsection 7i7 7relating to child marriage status7 as subsection 7j72 and 7#b7 by adding at the end the following new subsection3 7k7 ,sexual orientation1 gender identity1 and sex characteristics ,the report required under subsection 7b7 shall include1 wherever applicable1 the nature and extent of criminalization1 discrimination1 and violence by state and nonstate actors based on sexual orientation or gender identity1 as those terms are defined in section #g of the ,international ,human ,rights ,defense ,act of #bjbc1 or sex characteristics1 including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation1 gender identity1 or sex characteristics1 including descriptions of such laws and provisions4 4 #f4 ,implementation of the ,united ,states strategy to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi 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 ,,lgbtqi people internationally4 ,the 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 against1 and the social and economic exclusion of1 ,,lgbtqi people4 7#b7 ,support and capacity building for the development and enforcement of the laws of foreign governments pertaining to relevant civil and criminal legal and judicial sanctions1 protection1 and training4 7#c7 ,enhancement of health sector capacity to detect1 prevent1 and respond to violence against ,,lgbtqi people and communities internationally1 and to combat ,,hiv_/,,aids in the ,,lgbtqi 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 ,,lgbtqi activists that will foster collaboration and knowledge sharing across the world4 #g4 ,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 ,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#d7 ,,lgbtqi ,the term ,,lgbtqi means lesbian1 gay1 bisexual1 transgender1 queer1 or intersex4 7#e7 ,sexual orientation ,the term sexual orientation means actual or perceived homosexuality1 heterosexuality1 or bisexuality4