,,ii #aaith ,,congress #ast ,session ,s4 #cdbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjbe,mr4 ,markey 7for himself1 ,ms4 ,alsobrooks1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,ms4 ,cantwell1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,fetterman1 ,mrs4 ,gillibrand1 ,mr4 ,heinrich1 ,mr4 ,hickenlooper1 ,ms4 ,hirono1 ,mr4 ,kaine1 ,mr4 ,kelly1 ,mr4 ,lujn1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mrs4 ,murray1 ,mr4 ,padilla1 ,mr4 ,peters1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mr4 ,schiff1 ,mrs4 ,shaheen1 ,ms4 ,smith1 ,mr4 ,van ,hollen1 ,mr4 ,welch1 ,mr4 ,wyden1 ,ms4 ,warren1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to establish in the ,department of ,state a ,special ,envoy for the ,human ,rights of ,,lgbtqi ,people1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,international ,human ,rights ,defense ,act of #bjbe4 #b4 ,findings ,congress makes the following findings3 7#a7 ,around the world1 ,,lgbtqi people face criminalization1 violence1 discrimination1 and stigma based on their sexual orientation1 gender identity1 or sex characteristics4 7#b7 ,sixty-four 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 consensual1 same-sex sexual activity4 7#d7 ,despite recent progress made toward decriminalization1 marriage equality1 and legal gender recognition1 several countries have introduced anti-,,lgbtqi legislation that would further criminalize or stigmatize ,,lgbtqi people4 ,this includes a draconian bill under review in ,ghana that would outlaw ,,lgbtqi relationships and identities1 but also advocacy on behalf of the human rights of ,,lgbtqi persons4 7#e7 ,human ,rights ,watch and other human rights organizations have documented the use of the forensically discredited practice of forced anal exams to try to substantiate allegations of same-sex sexual activity4 ,this humiliating practice is typically conducted by law enforcement officials working in tandem with medical personnel4 ,the ,united ,nations ,special ,rapporteur on ,torture has described forced anal examinations as a form of torture or cruel1 inhuman and degrading treatment1 and the ,united ,nations ,office of the ,high ,commissioner for ,human ,rights issued a report in #bjae calling for governments to ban the practice4 7#f7 ,around the world1 freedom of association is increasingly under attack1 with the passage and enforcement of laws that prevent or revoke the registration of nongovernmental organizations1 particularly those working to advance and defend the human rights of ,,lgbtqi persons4 7#g7 ,extreme violence and insecurity in ,latin ,america has driven ,,lgbtqi people to flee their countries of origin to the ,united ,states for protection4 ,yes1 ,,lgbtqi asylum seekers are routinely denied entry and face additional violence1 and many have been returned to face persecution in their home countries or in third countries that are not safe4 7#h7 ,laws1 policies1 and practices that criminalize and stigmatize ,,lgbtqi people deter individuals and communities from seeking health care4 ,gay1 bisexual1 and other men who have sex with men and transgender people are particularly vulnerable to discrimination and exclusion in health care settings1 thereby increasing the risk of ,,hiv transmission4 ,decriminalization and stigma reduction are necessary to achieve global targets for epidemic control of ,,hiv4 7#i7 ,the ,trans ,murder ,monitoring ,project1 which monitors homicides of transgender individuals1 documented at least #cej trans and gender-diverse people killed between ,october #a1 #bjbc1 and ,september #cj1 #bjbd4 ,of these cases1 #gc percent of murders occurred in ,latin ,america and the ,caribbean1 with #cj percent of the total occurring in ,brazil4 7#aj7 ,intersex people are subject to medically unnecessary surgeries1 often without prior and informed consent1 leading to lifelong medical complications and increased mistrust of health care providers4 ,intersex people experience widespread discrimination and lack of understanding about their medical needs4 7#aa7 ,violence and discrimination based on sexual orientation1 gender identity 7including gender expression71 and sex characteristics are documented in the ,department of ,state's annual ,country ,reports on ,human ,rights ,practices4 ,the report covering #bjbc 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 ,,lgbti 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 #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 orientation1 gender identity1 and sex characteristics2 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 recipients of ,federal funding1 including all contractors1 grants1 and cooperative agreements for both acquisition and assistance1 establish appropriate nondiscrimination policies that are inclusive of sexual orientation1 gender identity1 and sex characteristics1 among other characteristics and protected statuses1 and take effective measures to ensure the protection and safety of employed and contracted staff1 as well as the protection of the program beneficiaries2 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 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#ab7 to work with governments and nongovernmental organizations 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 ,,lgbtqi propaganda laws2 and 7#ac7 to ensure that individuals 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 ,the ,secretary of ,state shall establish in the ,department of ,state a permanent ,special ,envoy for the ,human ,rights of ,,lgbtqi ,people 7referred to in this section as the ,special ,envoy71 who shall be appointed by the ,president 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 shall-- 7#a7 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 notwithstanding any other provision of law-- 7i7 direct activities1 policies1 programs1 and funding relating to the human rights of ,,lgbtqi people and the advancement of ,,lgbtqi human rights and social inclusion initiatives internationally1 for all bureaus and offices of the ,department of ,state2 and 7ii7 lead the coordination of relevant ,united ,states ,government policies and international programs for all other ,federal agencies relating to such matters2 7,b7 represent the ,united ,states in diplomatic matters1 including in bilateral and multilateral forums1 relevant to the human rights and social inclusion of ,,lgbtqi people1 including addressing criminalization1 discrimination1 and violence against ,,lgbtqi people internationally2 7,c7 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 lead interagency coordination on the foreign policy1 humanitarian1 and development priorities related to the human rights of ,,lgbtqi people internationally2 and 7,e7 conduct regular consultations 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 a briefing to the appropriate congressional committees on the status of-- 7#a7 the human rights and social inclusion of ,,lgbtqi people internationally2 and 7#b7 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 biannually thereafter1 the ,special ,envoy shall-- 7,a7 develop or update a ,united ,states global strategy to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi people internationally2 and 7,b7 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 and social inclusion 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 pursuant to subsection 7e77#b71 the ,special ,envoy shall include an analysis of promising 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 promising 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 ,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-- 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 following3 7#ac7 wherever applicable1 the nature and extent of criminalization1 discrimination1 and violence by state and non-state actors based on sexual orientation or gender identity 7as such terms are defined in section #g of the ,international ,human ,rights ,defense ,act of #bjbe7 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 7#b7 ,section #ejb;b ,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 following3 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 non-state actors based on sexual orientation or gender identity1 as those terms are defined in section #g of the ,international ,human ,rights ,defense ,act of #bjbe1 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 is authorized to provide assistance to prevent and respond to criminalization1 discrimination1 and violence against ,,lgbtqi people internationally by-- 7#a7 developing and implementing assistance programs that respond to human rights abuses against1 and the social and economic exclusion of1 ,,lgbtqi people2 7#b7 supporting 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 training2 7#c7 enhancing health sector capacity-- 7,a7 to detect1 prevent1 and respond to violence against ,,lgbtqi people and communities internationally2 and 7,b7 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 ,state2 and 7#d7 developing a leadership program for international ,,lgbtqi activists that will foster collaboration and knowledge sharing around 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 of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 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