Greater Leadership Overseas for the Benefit of Equality Act of 2019 or the GLOBE Act of 2019
This bill contains provisions related to (1) the protection of lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals globally; and (2) immigration protections for vulnerable individuals.
The bill establishes (1) an interagency group to respond to urgent threats to LGBTI people in foreign countries, and (2) a permanent Special Envoy for the Human Rights of LGBTI Peoples in the Department of State.
The President shall impose visa-blocking sanctions on foreign persons responsible for violating the human rights of individuals due to actual or perceived sexual orientation, gender identity, or sex characteristics.
The State Department shall establish the Global Equality Fund to provide assistance to nongovernmental organizations working to advance and protect human rights. The U.S. Agency for International Development shall establish the LGBTI Global Development Partnership to work with the private sector and nongovernmental organizations to support LGBTI rights.
The bill contains several immigration-related provisions, such as those (1) establishing that persecution based on sexual orientation or gender identity may form the basis of an asylum request, (2) removing the general requirement that an asylum claim must be filed within one year of the applicant's arrival in the United States, (3) establishing that a permanent partnership between two partners is a marriage for immigration law purposes, and (4) establishing that indigent aliens have a right to free counsel in certain immigration proceedings.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3004 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3004
To protect human rights and enhance opportunities for LGBTI people
around the world, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 10, 2019
Mr. Markey (for himself, Mrs. Shaheen, Mr. Merkley, Ms. Baldwin, Ms.
Klobuchar, and Mr. Casey) introduced the following bill; 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 world, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Greater Leadership
Overseas for the Benefit of Equality Act of 2019'' or the ``GLOBE Act
of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Documenting and responding to bias-motivated violence against
LGBTI people abroad.
Sec. 5. Sanctions on individuals responsible for violations of human
rights against LGBTI people.
Sec. 6. Combating international criminalization of LGBTI status,
expression, or conduct.
Sec. 7. Foreign assistance to protect human rights of LGBTI people.
Sec. 8. Global health inclusivity.
Sec. 9. Immigration reform.
Sec. 10. Engaging international organizations in the fight against
LGBTI discrimination.
Sec. 11. Representing the rights of United States LGBTI citizens
deployed to diplomatic and consular posts.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The norms of good governance, human rights protections,
and the rule of law have been violated unconscionably with
respect to lesbian, gay, bisexual, transgender, and intersex
(LGBTI) peoples in an overwhelming majority of countries around
the world, where LGBTI people face violence, hatred, bigotry,
and discrimination because of who they are and who they love.
(2) In at least 68 countries, or almost 40 percent of the
world, same-sex relations and relationships are criminalized.
Many countries also criminalize or otherwise prohibit cross-
dressing and gender-affirming treatments for transgender
individuals.
(3) The World Bank has begun to measure the macro-economic
costs of criminal laws targeting LGBTI individuals through lost
productivity, detrimental health outcomes and violence, as a
step toward mitigating those costs.
(4) Violence and discrimination based on sexual orientation
and gender identity are documented in the Department of State's
annual Country Human Rights Reports to Congress, which show a
clear pattern of human rights violations, including murder,
rape, torture, death threats, extortion, and imprisonment, in
every region of the world based on sexual orientation and
gender identity. In many instances police, prison, military,
and civilian government authorities have been directly
complicit in abuses aimed at LGBTI citizens.
(5) As documented by the Department of State, LGBTI
individuals are subjected in many countries to capricious
imprisonment, loss of employment, housing, access to health
care, and societal stigma and discrimination. LGBTI-specific
restrictions on basic freedoms of assembly, press, and speech
exist in every region of the world.
(6) Targeted sanctions are an important tool to push for
accountability for violations of the human rights of LGBTI
people.
(7) Anti-LGBTI laws and discrimination pose significant
risks for LGBTI youth who reveal their sexual identity to their
family or community and often face rejection, homelessness, and
limited educational and economic opportunities. These factors
contribute to increased risks of substance abuse, suicide, and
HIV infection among LGBTI youth.
(8) Anti-LGBTI laws also increase global health risks.
Studies have shown that when LGBTI people, especially LGBTI
youth, face discrimination, they are less likely to seek HIV
testing, prevention, and treatment services.
(9) Because they face tremendous discrimination in the
formal labor sector, many sex workers are also LGBTI
individuals, and many sex-worker-led programs and clinics serve
the LGBTI community with safe, non-stigmatizing, medical and
social care. USAID has also referred to sex workers as a
``most-at-risk population''. 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 stigma, undermining both the global
AIDS response and human rights. In 2013, the Supreme Court held
that this requirement is unconstitutional as it applies to
United States nongovernmental organizations and their foreign
affiliates.
(10) According to the Trans Murder Monitoring Project,
which monitors homicides of transgender individuals, there were
at least 369 cases of reported killings of transgender and
gender-diverse people between October 2017 and September 2018,
which represents an increase compared to previous years.
(11) In many countries, intersex individuals experience
prejudice and discrimination because their bodies do not
conform to general expectations about sex and gender. Because
of these expectations, medically unnecessary interventions are
often performed in infancy without the consent or approval of
intersex individuals and in violation of international human
rights standards.
(12) Asylum and refugee protection are critical last-resort
protections for LGBTI individuals, but those who seek such
protections face ostracization and abuse in refugee camps and
detention facilities. They are frequently targeted for
violence, including sexual assault, in refugee camps and in
immigration detention. LGBTI individuals may be segregated
against their will for long periods in solitary confinement, in
an effort to protect them from such violence, but prolonged
solitary confinement itself represents an additional form of
abuse that is profoundly damaging to the social and
psychological well-being of any individual.
(13) In December 2011, President Barack Obama directed all
Federal foreign affairs agencies to ensure that their
diplomatic, humanitarian, health and foreign assistance
programs take into account the needs of marginalized LGBTI
communities and persons.
(14) In 2015, the Department of State established the
position of Special Envoy for the Human Rights of LGBTI
Persons.
(15) The use of United States diplomatic tools, including
the Department of State's exchange and speaker programs, to
address the human rights needs of marginalized communities has
helped inform public debates in many countries regarding the
protective responsibilities of any democratic government.
(16) 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 people, including LGBTI. The United States
must remain a leader in the United Nations system and has a
vested interest in the success of that multilateral engagement.
(17) Ongoing United States participation in the Equal
Rights Coalition, which is a new intergovernmental coalition of
more than 40 governments and leading civil society
organizations that work together to protect the human rights of
LGBTI people around the world, remains vital to international
efforts to respond to violence and impunity.
(18) Those who represent the United States abroad,
including our diplomats, development specialists and military,
should reflect the diversity of our country and honor America's
call to equality, including through proud and open service
abroad by LGBTI Americans and those living with HIV.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
provided in section 5, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) LGBTI.--The term ``LGBTI'' means lesbian, gay,
bisexual, transgender, or intersex.
(3) Member of a vulnerable group.--The term ``member of a
vulnerable group'' means an alien who--
(A) is younger than 21 years of age or older than
60 years of age;
(B) is pregnant;
(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
(D) is victim or witness of a crime;
(E) has filed a nonfrivolous civil rights claim in
a Federal or State court;
(F) has a serious mental or physical illness or
disability;
(G) has been determined by an asylum officer in an
interview conducted under section 235(b)(1)(B) of the
Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(B)) to have a credible fear of persecution;
or
(H) 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 violence, based on information
obtained during intake, from the alien's attorney or
legal service provider, or through credible self-
reporting.
SEC. 4. DOCUMENTING AND RESPONDING TO BIAS-MOTIVATED VIOLENCE AGAINST
LGBTI PEOPLE ABROAD.
(a) Information To Include in Annual Country Reports on Human
Rights Practices.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or discrimination that
affects fundamental freedoms, including widespread or
systematic violation of the freedoms of expression,
association, or assembly of an individual in foreign countries
that is based on actual or perceived sexual orientation, gender
identity, or sex characteristics.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following: ``Wherever applicable,
such report shall also include information regarding violence
or discrimination that affects the fundamental freedoms,
including widespread or systematic violation of the freedoms of
expression, association, or assembly of an individual in
foreign countries that is based on actual or perceived sexual
orientation, gender identity, or sex characteristics.''.
(b) Review at Diplomatic and Consular Posts.--
(1) In general.--In preparing the annual country reports on
human rights practices required under section 116 or 502B of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304),
as amended by subsection (a), the Secretary of State shall
obtain information from each diplomatic and consular post with
respect to--
(A) incidents of violence against LGBTI people in
the country in which such post is located;
(B) an analysis of the factors enabling or
aggravating such incidents, such as government policy,
societal pressure, or external actors; and
(C) the response, whether public or private, of the
personnel of such post with respect to such incidents.
(2) Addressing bias-motivated violence.--The Secretary
shall include, in the annual strategic plans of the regional
bureaus, concrete diplomatic strategies, programs, and policies
to address bias-motivated violence using information obtained
pursuant to paragraph (1), such as programs to build capacity
among civil society or governmental entities to document,
investigate, and prosecute instances of such violence and
provide support to victims of such violence.
(c) Interagency Group.--
(1) Establishment.--There is established an interagency
group on responses to urgent threats to LGBTI people in foreign
countries (referred to in this subsection as the ``interagency
group''), which shall be chaired by the Secretary of State and
shall include the Secretary of Defense, the Secretary of the
Treasury, the Administrator of the United States Agency for
International Development, the Attorney General, and the head
of each other Federal department or agency the President
determines is relevant to the duties of the interagency group.
(2) Duties.--The duties of the interagency group shall be--
(A) to coordinate the responses of each
participating agency with respect to threats directed
towards LGBTI populations in other countries;
(B) to develop longer-term approaches to policy
developments and incidents negatively impacting the
LGBTI populations in specific countries;
(C) to advise the President on the designation of
foreign persons for sanctions pursuant to section 5;
(D) to identify United States laws and policies, at
the Federal, State, and local levels, that affirm the
equality of LGBTI persons; and
(E) 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
law.
(d) Special Envoy for the Human Rights of LGBTI Peoples.--
(1) Establishment.--The Secretary of State shall establish,
in the Bureau of Democracy, Human Rights, and Labor of the
Department of State a permanent Special Envoy for the Human
Rights of LGBTI Peoples (referred to in this subsection as the
``Special Envoy''), who shall be appointed by the President.
The Special Envoy shall report directly to the Assistant
Secretary for Democracy, Human Rights, and Labor.
(2) Purpose.--The Special Envoy shall direct efforts of the
United States Government relating to United States foreign
policy, as directed by the Secretary, regarding human rights
abuses against LGBTI people and communities internationally and
the advancement of human rights for LGBTI people, and shall
represent the United States internationally in bilateral and
multilateral engagement on such matters.
(3) Duties.--
(A) In general.--The Special Envoy--
(i) shall serve as the principal advisor to
the Secretary of State regarding human rights
for LGBTI people internationally;
(ii) notwithstanding any other provision of
law, shall direct activities, policies,
programs, and funding relating to the human
rights of LGBTI people and the advancement of
LGBTI equality initiatives internationally, 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 matters;
(iii) shall represent the United States in
diplomatic matters relevant to the human rights
of LGBTI people, including criminalization,
discrimination, and violence against LGBTI
people internationally;
(iv) shall direct, as appropriate, United
States Government resources to respond to needs
for protection, integration, resettlement, and
empowerment of LGBTI people in United States
Government policies and international programs,
including to prevent and respond to
criminalization, discrimination, and violence
against LGBTI people internationally;
(v) shall design, support, and implement
activities regarding support, education,
resettlement, and empowerment of LGBTI people
internationally, including for the prevention
and response to criminalization,
discrimination, and violence against LGBTI
people internationally;
(vi) 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 Development;
(vii) shall conduct regular consultation
with nongovernmental organizations working to
prevent and respond to criminalization,
discrimination, and violence against LGBTI
people internationally;
(viii) shall ensure that programs,
projects, and activities of the Department of
State and the United States Agency for
International Development designed to prevent
and respond to criminalization, discrimination,
and violence against LGBTI people
internationally are subject to rigorous
monitoring and evaluation, and that there is a
uniform set of indicators and standards for
such monitoring and evaluation that is used
across international programs in Federal
agencies; and
(ix) is authorized to represent the United
States in bilateral and multilateral fora on
matters relevant to the human rights of LGBTI
people internationally, including
criminalization, discrimination, and violence
against LGBTI people internationally.
(e) 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 people, including through specialized
courses highlighting best practices in the documentation, investigation
and prosecution of bias-motivated hate crimes targeting persons based
on actual or perceived sexual orientation, gender identity, or sex
characteristics.
SEC. 5. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN
RIGHTS AGAINST LGBTI PEOPLE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and biannually thereafter, the President shall
submit a list to the appropriate congressional committees that
identifies each foreign person who the President determines, based on
credible information, including information obtained by other countries
or by nongovernmental organizations that monitor violations of human
rights--
(1) is responsible for or complicit in, with respect to
persons based on actual or perceived sexual orientation, gender
identity, or sex characteristics--
(A) cruel, inhuman, or degrading treatment or
punishment;
(B) prolonged detention without charges and trial;
(C) causing the disappearance of such persons by
the abduction and clandestine detention of such
persons; or
(D) other flagrant denial of the right to life,
liberty, or the security of such persons;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
or
(3) is responsible for or complicit in inciting a foreign
person to engage in an activity described in paragraph (1).
(b) Form; Updates; Removal.--
(1) Form.--The list required under subsection (a) shall be
submitted in unclassified form and published in the Federal
Register without regard to the requirements of section 222(f)
of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the United
States, except that the President may include a foreign person
in a classified, unpublished annex to such list if the
President--
(A) determines that--
(i) it is vital for the national security
interests of the United States to do so; and
(ii) the use of such annex, and the
inclusion of such person in such annex, would
not undermine the overall purpose of this
section to publicly identify foreign persons
engaging in the conduct described in subsection
(a) in order to increase accountability for
such conduct; and
(B) not later than 15 days before including such
person in a classified annex, provides to the
appropriate congressional committees notice of, and a
justification for, 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 (a).
(2) Updates.--The President shall transmit to the
appropriate congressional committees an update of the list
required by subsection (a) as new information becomes
available.
(3) Removal.--A foreign person may be removed from the list
required under subsection (a) if the President determines and
reports to the appropriate congressional committees not later
than 15 days before the removal of such person from such list
that--
(A) credible information exists that such person
did not engage in the activity for which the person was
included in such list;
(B) such person has been prosecuted appropriately
for the activity in which such person engaged; or
(C) such person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which such person
engaged, and has credibly committed to not engage in an
activity described in subsection (a).
(c) Public Submission of Information.--The President shall issue
public guidance, including through United States diplomatic and
consular posts, 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 (a) may be submitted to the Department of State for
evaluation.
(d) Requests From Chair and Ranking Member of Appropriate
Congressional Committees.--
(1) Consideration of information.--In addition to the
guidance issued pursuant to subsection (c), 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 (a).
(2) Requests.--Not later than 120 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 (a), the President shall submit
a response to such Chair or Ranking Member, as the case may be,
with respect to the President's determination relating to such
foreign person.
(3) Removal.--If the President removes a foreign person who
had been included in the list required under subsection (a)
pursuant to a request under paragraph (2), the President shall
provide to the relevant Chair or Ranking Member of one of the
appropriate congressional committees any information that
contributed to such decision.
(4) Form.--The President may submit a response required
under paragraph (2) or (3) in classified form if the President
determines that such form is necessary to protect the national
security interests of the United States.
(e) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--A foreign person included on the list required under
subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The issuing consular officer or
the Secretary of State (or a designee of the Secretary
of State), in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)),
shall revoke any visa or other entry documentation
issued to a foreign person included on the list
required under subsection (a) regardless of when the
visa or other entry documentation is issued.
(B) Effect of revocation.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
foreign person's possession.
(C) Rulemaking.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall prescribe such regulations as are necessary
to carry out this subsection.
(D) 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
Nations, signed at Lake Success, June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(3) 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
(a) to push for accountability for flagrant denials of the
right to life, liberty, or the security of the person, through
the use of designations and targeted sanctions provided for
such conduct under other existing authorities.
(4) Waivers in the interest of national security.--
(A) In general.--The President may waive the
application of paragraph (1) or (2) with respect to a
foreign person included on the list required under
subsection (a) if the President determines and submits
to the appropriate congressional committees notice and
justification that such a waiver--
(i) 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
Nations, signed June 26, 1947, and entered into
force November 21, 1947, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States.
(B) Timing of certain waivers.--A waiver pursuant
to a determination under subparagraph (A)(ii) shall be
submitted not later than 15 days before the granting of
such waiver.
(f) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, the President,
acting through the Secretary of State, shall submit a report to the
appropriate congressional committees that describes--
(1) the actions taken to carry out this section,
including--
(A) the number of foreign persons added to or
removed from the list required under subsection (a)
during the year preceding each such report, the dates
on which such persons were so added or removed, and the
reasons for so adding or removing such persons; and
(B) an analysis that compares increases or
decreases in the number of such persons added or
removed year-over-year and the reasons for such
actions; and
(2) any efforts by the President to coordinate with the
governments of other countries, as appropriate, to impose
sanctions that are similar to the sanctions imposed under this
section.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on the Judiciary of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(3) Person.--The term ``person'' has the meaning given such
term in section 591.308 of title 31, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).
(h) Exclusion for Persecution of LGBTI Individuals.--Section
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2))
is amended by adding at the end the following:
``(J) Human rights violators.--Any alien who, while
serving as an official of a foreign government, was
responsible for, or directly carried out, serious
violations of the human rights of LGBTI individuals or
targeting LGBTI people, is inadmissible.''.
SEC. 6. COMBATING INTERNATIONAL CRIMINALIZATION OF LGBTI STATUS,
EXPRESSION, OR CONDUCT.
(a) Annual Strategic Review.--The Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development during the course of annual strategic
planning, shall include an examination of--
(1) the progress made in countries around the world toward
the decriminalization of the status, expression, and conduct of
LGBTI individuals;
(2) the obstacles that remain toward achieving such
decriminalization; and
(3) the strategies available to the Department and the
Agency to address such obstacles.
(b) Elements.--The examination described in subsection (a) shall
include--
(1) 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
individuals; and
(2) in consultation with the Attorney General, a list of
countries in each geographic region with respect to which--
(A) the Attorney General, acting through the Office
of Overseas Prosecutorial Development Assistance and
Training of the Department of Justice, shall prioritize
programs seeking--
(i) to decriminalize the status,
expression, and conduct of LGBTI individuals;
(ii) to monitor the trials of those
prosecuted because of such status, expression,
or conduct; and
(iii) to reform related laws having a
discriminatory impact on LGBTI individuals; and
(B) applicable speaker or exchange programs
sponsored by the United States Government could bring
together civil society and governmental leaders--
(i) to promote the recognition of LGBTI
rights through educational exchanges in the
United States; and
(ii) to support better understanding of the
role that governments and civil societies
mutually play in assurance of equal treatment
of LGBTI populations in other countries.
SEC. 7. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS OF LGBTI PEOPLE.
(a) Global Equality Fund.--
(1) In general.--The Secretary of State shall establish a
fund, which shall be known as the ``Global Equality Fund'' and
shall be managed by the Assistant Secretary of the Bureau of
Democracy, Human Rights, and Labor.
(2) Funding sources.--
(A) In general.--The Global Equality Fund shall
consist of such sums as may be appropriated to provide
grants, emergency assistance, and technical assistance
to eligible civil society organizations and human
rights defenders working to advance and protect human
rights for all including LGBTI persons, by seeking to
achieve the goals set forth in paragraph (3).
(B) Contributions.--The Secretary may accept
financial and technical contributions to the Global
Equality Fund from corporations, bilateral donors,
foundations, nongovernmental organizations, and other
entities supporting the goals set forth in paragraph
(3).
(3) Goals.--The goals set forth in this paragraph are--
(A) ensuring the freedoms of assembly, association,
and expression;
(B) protecting persons or groups against the threat
of violence, including medically unnecessary
interventions performed on intersex infants;
(C) advocating against laws that criminalize LGBTI
status, expression, or conduct or discriminate against
individuals on the basis of sexual orientation, gender
identity, or sex characteristics;
(D) ending explicit and implicit forms of
discrimination in the workplace, housing, education,
and other public institutions or services; and
(E) building community awareness and support for
the human rights of LGBTI persons.
(4) Prioritization.--In providing assistance through the
Global Equality Fund, 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 (3).
(b) LGBTI Global Development Partnership.--
(1) In general.--The Administrator of the United States
Agency for International Development, in consultation with the
Secretary of State, shall establish a partnership, which shall
be known as the ``LGBTI Global Development Partnership'', to
leverage the financial and technical contributions of
corporations, bilateral donors, foundations, nongovernmental
organizations, and universities to support the human rights and
development of LGBTI persons around the world by supporting
programs, projects, and activities for the purposes set forth
in paragraph (2).
(2) Purposes.--The purposes set forth in this paragraph
are--
(A) strengthening the capacity of LGBTI leaders and
civil society organizations;
(B) training LGBTI leaders to effectively
participate in democratic processes and lead civil
institutions;
(C) conducting research to inform national,
regional, or global policies and programs; and
(D) promoting economic empowerment through enhanced
LGBTI entrepreneurship and business development.
(c) Consultation.--In coordinating programs, projects, and
activities through the Global Equality Fund or the Global Development
Partnership, the Secretary of State shall consult, as appropriate, with
the Administrator of the United States Agency for International
Development and the heads of other relevant Federal departments and
agencies.
(d) Report.--The Secretary of State shall submit an annual report
to the appropriate congressional committees that describes the work of,
successes obtained, and challenges faced by, the Global Equality Fund
and the LGBTI Global Development Partnership established pursuant to
this section.
(e) Limitation on Assistance Relating to Equal Access.--
(1) In general.--None of the amounts authorized to be
appropriated or otherwise made available to provide United
States assistance for any humanitarian, development, or global
health programs may be made available to any contractor,
grantee, or implementing partner, unless such recipient--
(A) ensures that the program, project, or activity
funded by such amounts are made available to all
elements of the population, except to the extent that
such program, project, or activity targets a population
because of the higher assessed risk of negative
outcomes among such populations;
(B) undertakes to make every reasonable effort to
ensure that each subcontractor or subgrantee of such
recipient complies with the requirement under
subparagraph (A); and
(C) agrees to return all amounts awarded or
otherwise provided by the United States, including such
additional penalties as the Secretary of State may
determine to be appropriate, if the recipient does not
comply with the requirement under subparagraph (A).
(2) 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
(1)(A).
SEC. 8. GLOBAL HEALTH INCLUSIVITY.
(a) In General.--The Coordinator of United States Government
Activities to Combat HIV/AIDS Globally (referred to in this section as
the ``Coordinator'') shall--
(1) develop mechanisms to ensure that the implementation of
the President's Emergency Plan for AIDS Relief (PEPFAR)
equitably serves LGBTI people in accordance with the goals
described in section 7(e), 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 people; and
(2) promptly notify Congress of any obstacles encountered
by a foreign government or contractor, grantee, or implementing
partner in the effort to equitably implement PEPFAR as
described in such section, including any remedial steps taken
by the Coordinator to overcome such obstacles.
(b) Report on International Prosecutions for Sex Work or Consensual
Sexual Activity.--Not later than 180 days after the date of the
enactment of this Act, the Coordinator shall submit a report to the
appropriate congressional committees that describes the manner in which
commodities, such as condoms, provided by programs, projects, or
activities funded through PEPFAR or other sources of United States
assistance have been used as evidence to arrest, detain, or prosecute
individuals in other countries in order to enforce domestic laws
criminalizing sex work or consensual sexual activity.
(c) Report on HIV/AIDS-Related Index Testing.--Not later than 180
days after the date of the enactment of this Act, the Coordinator shall
submit a report to the appropriate congressional committees that
describes the impact of partner notification services and index testing
on treatment adherence, intimate partner violence, and exposure to the
criminal justice system for key populations, including LGBTI people and
sex workers, using qualitative and quantitative data.
(d) Removing Limitations on Eligibility for Foreign Assistance.--
(1) Conforming amendments to tvpra authorization.--Section
113 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7110) is amended--
(A) by striking subsection (g); and
(B) by redesignating subsections (h) and (i) as
subsections (g) and (h), respectively.
(2) Conforming amendments to pepfar authorization.--Section
301 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7631) is
amended--
(A) by striking subsections (d) through (f); and
(B) by redesignating subsection (g) as subsection
(d).
(3) Conforming amendments to the allocation of funds by the
global aids coordinator.--Section 403(a) of such Act (22 U.S.C.
7673(a)) is amended--
(A) in paragraph (1)--
(i) by striking ``shall--'' and all that
follows through ``(A) provide'' and inserting
``shall provide'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (B); and
(B) in paragraph (2)--
(i) by striking ``Prevention strategy.--''
and all that follows through ``In carrying out
paragraph (1)'' and inserting ``Prevention
strategy.--In carrying out paragraph (1)''; and
(ii) by striking subparagraph (B).
SEC. 9. IMMIGRATION REFORM.
(a) Permanent Partners.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (35), by inserting ``includes any
permanent partner, but'' before ``does not include''; and
(2) by adding at the end the following:
``(53) The term `marriage' includes a permanent partnership.
``(54) The term `permanent partner' means an individual who is 18
years of age or older and--
``(A) is in a committed, intimate relationship with another
individual who is 18 years of age or older, in which both
parties intend a lifelong commitment;
``(B) is financially interdependent with the other
individual;
``(C) is not married to anyone other than the other
individual;
``(D) is a national of or, in the case of a person having
no nationality, last habitually resided in a country that
prohibits marriage between the individuals; and
``(E) is not a first-, second-, or third-degree blood
relation of the other individual.
``(55) The term `permanent partnership' means the relationship that
exists between 2 permanent partners.''.
(b) Refugees and Asylum Seekers.--
(1) LGBTI social group.--Section 101(a)(42) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is
amended by adding at the end the following: ``For purposes of
determinations under this Act, 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
group.''.
(2) Report.--Section 103(e)(2) of such Act (8 U.S.C.
1103(e)(2)) is amended--
(A) by striking ``on the number'' and inserting the
following: ``regarding--
``(A) the number''; and
(B) by striking the period at the end and inserting
the following: ``; and
``(B) the total number of applications for asylum and
refugee status received that are, in whole or in part, based on
persecution or a well founded fear of persecution on account of
sexual orientation or gender identity, and the rate of approval
administratively of such applications.''.
(3) Asylum filing deadline repeal.--
(A) In general.--Section 208(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)(2))
is amended--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraphs (C),
(D), and (E) as subparagraphs (B), (C), and
(D);
(iii) in subparagraph (B), as redesignated,
by striking ``subparagraph (D)'' and inserting
``subparagraph (C)'';
(iv) by amending subparagraph (C), as
redesignated, to read as follows:
``(C) Changed circumstances.--Notwithstanding
subparagraph (B), 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 asylum.''; and
(v) in subparagraph (D), as redesignated,
by striking ``Subparagraphs (A) and (B)'' and
inserting ``Subparagraph (A)''.
(B) Application.--The amendments made by
subparagraph (A) shall apply to applications for asylum
filed before, on, or after the date of the enactment of
this Act.
(c) Counsel.--
(1) Appointment of counsel.--Section 240(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)) is
amended--
(A) in subparagraph (A), by striking the comma at
the end and inserting a semicolon;
(B) in subparagraph (B), by striking ``Act , and''
and inserting ``Act;'';
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) notwithstanding subparagraph (A), if an
indigent alien requests representation, such
representation shall be appointed by the court, at the
expense of the Government, for such proceedings.''.
(2) Right to counsel.--Section 292 of such Act (8 U.S.C.
1362) is amended--
(A) by striking ``In any removal'' and inserting
the following:
``(a) In General.--In any removal'';
(B) in subsection (a), as redesignated, by striking
``he'' and inserting ``the person''; and
(C) by adding at the end the following:
``(b) Court Appointment.--Notwithstanding subsection (a), if an
indigent alien requests representation, such representation shall be
appointed by the court, at the expense of the Government, for the
proceedings described in subsection (a).
``(c) Refugee Proceedings.--In an interview relating to admission
under section 207, an alien shall have the privilege of being
represented, at no expense to the Government, by such counsel,
authorized to practice in such proceedings, as the alien shall
choose.''.
(d) Refugee Admissions of LGBTI Aliens From Certain Countries.--
(1) In general.--Aliens who are nationals of or, in the
case of aliens having no nationality, 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 2 processing under the refugee resettlement
priority system.
(2) Resettlement processing.--
(A) In general.--If a refugee admitted under
section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) discloses information to an employee or
contractor of the Bureau of Population, Refugees, and
Migration of the Department of State regarding the
refugee's sexual orientation or gender identity, the
Secretary of State, with the refugee's consent, shall
provide such information to the appropriate national
resettlement agency--
(i) to prevent the refugee from being
placed in a community in which the refugee is
likely to face continued discrimination; and
(ii) to place the refugee in a community
that offers services that meet the needs of the
refugee.
(B) 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 States.
(e) Training Program.--
(1) Training program.--In order to create an environment in
which an alien may safely disclose such alien's sexual
orientation or gender identity, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
establish a training program for staff and translators who
participate in the interview process of aliens seeking asylum
or status as a refugee.
(2) Components of training program.--The training program
described in paragraph (1) shall include instruction
regarding--
(A) appropriate word choice and word usage;
(B) creating safe spaces and facilities for LGBTI
aliens;
(C) confidentiality requirements; and
(D) nondiscrimination policies.
(f) Limitation on Detention.--
(1) Presumption of release.--
(A) In general.--Notwithstanding any other
provision of law and except as provided in
subparagraphs (B) and (C), the Secretary of Homeland
Security--
(i) may not detain an alien who is a member
of a vulnerable group under any provision of
the Immigration and Nationality Act (8 U.S.C.
1101 et seq.) pending a decision with respect
to whether the alien is to be removed from the
United States; and
(ii) shall immediately release any detained
alien who is a member of a vulnerable group.
(B) Exceptions.--The Secretary of Homeland Security
may detain, pursuant to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), an alien who is a member
of a vulnerable group if the Secretary makes a
determination, using credible and individualized
information, that the use of alternatives to detention
will not reasonably assure the appearance of the alien
at removal proceedings, or that the alien is a threat
to another person or the community. A pending criminal
charge against the alien may not be the sole factor to
justify the detention of the alien.
(C) 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
group, the subject of a final order of deportation or
removal, and not detained under subparagraph (B), the
Secretary of Homeland Security may, solely for the
purpose of such removal, detain the alien for a period
that is--
(i) the shortest possible period
immediately preceding the removal of the alien
from the United States; and
(ii) not more than 5 days.
(2) Weekly review required.--
(A) In general.--Not less frequently than weekly,
the Secretary of Homeland Security shall conduct an
individualized review of an alien detained under
paragraph (1)(B) to determine whether the alien should
continue to be detained under such paragraph.
(B) Release.--Not later than 24 hours after the
Secretary determines under subparagraph (A) that an
alien should not be detained under paragraph (1)(B),
the Secretary shall release the alien.
(g) Protective Custody for LGBTI Alien Detainees.--
(1) Detainees.--An LGBTI alien who is detained under
subparagraph (B) or (C) of subsection (f)(1) may not be placed
in housing that is segregated from the general population
unless--
(A) the alien requests placement in such housing
for the protection of the alien; or
(B) the Secretary of Homeland Security determines,
after assessing all available alternatives, that there
is no available alternative means of separation from
likely abusers.
(2) Placement factors.--In a case in which an LGBTI alien
is placed in segregated housing pursuant to paragraph (1), the
Secretary of Homeland Security shall ensure that such housing--
(A) includes non-LGBTI aliens, to the extent
practicable; and
(B) complies with any applicable court order for
the protection of LGBTI aliens.
(3) Protective custody requests.--In a case in which an
LGBTI alien who is detained requests placement in segregated
housing for the protection of such alien, the Secretary of
Homeland Security shall grant such request.
(h) 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 180 days after
a request for Priority 2 consideration is filed.
SEC. 10. ENGAGING INTERNATIONAL ORGANIZATIONS IN THE FIGHT AGAINST
LGBTI DISCRIMINATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should be a leader in efforts by the
United Nations to ensure that human rights norms, development
principles, and political rights are fully inclusive of LGBTI
people;
(2) United States leadership within international financial
institutions, such as the World Bank and the regional
development banks, should be used to ensure that the programs,
projects, and activities undertaken by such institutions are
fully inclusive of all people, including LGBTI people; and
(3) 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
regional, multilateral, and international fora, such as the
Organization of American States, the Organization for Security
and Cooperation in Europe, the European Union, the African
Union, and the Association of South East Asian Nations.
(b) Action Through the Equal Rights Coalition.--The Secretary of
State shall promote diplomatic coordination through the Equal Rights
Coalition, established in July 2016 at the Global LGBTI Human Rights
Conference in Montevideo, Uruguay, and other multilateral mechanisms,
to achieve the goals and outcomes described in subsection (a).
SEC. 11. REPRESENTING THE RIGHTS OF UNITED STATES LGBTI CITIZENS
DEPLOYED TO DIPLOMATIC AND CONSULAR POSTS.
(a) Sense of Congress.--It is the sense of Congress that,
recognizing the importance of a diverse workforce in the representation
of the United States abroad, and in support of sound personnel staffing
policies, the Secretary of State should--
(1) prioritize efforts to ensure that foreign governments
do not impede the assignment of United States LGBTI citizens
and their families to diplomatic and consular posts;
(2) 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 employees;
and
(3) prioritize efforts to improve post and post school
information for LGBTI employees and employees with LGBTI family
members.
(b) Remedies for Family Visa Denial.--
(1) 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 posted.
(2) List required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit to Congress--
(A) 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 2-year period; and
(B) the actions taken or intended to be taken by
the Secretary, in accordance with paragraph (1), to
ensure that LGBTI employees are appointed to
appropriate positions in accordance with diplomatic
needs and personnel qualifications, including actions
specifically relating to securing the accreditation of
the families of such employees by relevant countries.
(c) Improving Post Information and Overseas Environment for LGBTI
Adults and Children.--
(1) In general.--The Secretary of State shall ensure that
LGBTI employees and employees with LGBTI family members have
adequate information to pursue overseas postings, including
country environment information for adults and children.
(2) Non-discrimination policies for u.s. 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 policies, including policies
relating to sexual orientation and gender identity impacting
LGBTI children of all ages.
(3) Required information for lgbti children.--The Secretary
shall ensure that information focused on LGBTI children of all
ages (including transgender and gender nonconforming students)
is included in post reports, bidding materials, and Office of
Overseas Schools reports, databases, and adequacy lists.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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