Text of US HB 1857 (2019)

I 116TH CONGRESS 1ST SESSION H. R. 1857 To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTI Peoples, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 25, 2019 Mr. LOWENTHAL (for himself, Mr. CONNOLLY, Ms. NORTON, Ms. SCHA- KOWSKY, Mr. FOSTER, Ms. CLARKE of New York, Ms. DELAURO, Mr. POCAN, Ms. MOORE, Ms. ESHOO, Mr. CA´RDENAS, Mr. GARAMENDI, Mr. ESPAILLAT, Mr. MCGOVERN, Ms. JACKSON LEE, Ms. ROYBAL-ALLARD, Mr. LYNCH, Ms. BARRAGA´N, Mr. O’HALLERAN, Ms. WASSERMAN SCHULTZ, Mr. SOTO, Mrs. TORRES of California, Mr. GRIJALVA, Mr. PAPPAS, Mr. SCHIFF, Mrs. WATSON COLEMAN, Mr. DEFAZIO, Mr. BROWN of Maryland, Mr. COOPER, Mr. BLUMENAUER, Mr. MORELLE, Mr. PALLONE, Mrs. DINGELL, Mr. AGUILAR, Ms. MCCOLLUM, Mr. MEEKS, Mr. RASKIN, Ms. MATSUI, Mr. BRENDAN F. BOYLE of Pennsyl- vania, Mr. SEAN PATRICK MALONEY of New York, Mr. PETERS, Ms. SPEIER, Ms. MENG, Mr. RYAN, Mr. PANETTA, Mr. KILMER, Mr. HAS- TINGS, Mr. RUSH, Mr. WELCH, Mr. MOULTON, Ms. OMAR, Ms. JAYAPAL, Mrs. DAVIS of California, Ms. LEE of California, Mr. TONKO, Ms. SHALALA, Ms. WILD, Ms. BONAMICI, Mr. HIGGINS of New York, Mr. SUOZZI, Mr. SERRANO, Mr. CARTWRIGHT, Mr. SWALWELL of California, Ms. HOULAHAN, Mr. SCHNEIDER, Mrs. MURPHY, Ms. HAALAND, Ms. TITUS, Mr. LAWSON of Florida, Mr. HUFFMAN, Mrs. BEATTY, Mr. QUIGLEY, Ms. LOFGREN, Mr. HIMES, Ms. DELBENE, Ms. ESCOBAR, Mr. SHERMAN, Ms. SCANLON, and Mr. MCEACHIN) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1857 IH for the Human Rights of LGBTI Peoples, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘International Human 4 Rights Defense Act of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES.—The term ‘‘appropriate congressional com- 9 mittees’’ means— 10 (A) the Committee on Foreign Relations 11 and the Committee on Appropriations of the 12 Senate; and 13 (B) the Committee on Foreign Affairs and 14 the Committee on Appropriations of the House 15 of Representatives. 16 (2) GENDER IDENTITY.—The term ‘‘gender 17 identity’’ means the gender-related identity, appear- 18 ance, or mannerisms or other gender-related charac- 19 teristics of an individual, regardless of the individ- 20 ual’s designated sex at birth. 21 (3) LGBTI.—The term ‘‘LGBTI’’ means les- 22 bian, gay, bisexual, transgender, or intersex. 23 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1857 IH (4) INTERSEX.—The term ‘‘intersex’’ means in- 1 dividuals born with sex characteristics (including 2 genitals, gonads, or chromosome patterns) that vary 3 from typical binary notions of male or female bodies 4 and is an umbrella term used to describe a wide 5 range of natural bodily variations. 6 (5) SEXUAL ORIENTATION.—The term ‘‘sexual 7 orientation’’ means actual or perceived homosex- 8 uality, heterosexuality, or bisexuality. 9 SEC. 3. FINDINGS. 10 Congress makes the following findings: 11 (1) Around the world, LGBTI people face vio- 12 lence, discrimination, hatred, and bigotry. 13 (2) Sixty-nine countries criminalize same-sex re- 14 lations and at least three countries prohibit the pub- 15 lic support of the LGBTI community. That is equal 16 to 35 percent of United Nations member states. 17 (3) In several countries, homosexuality is a 18 crime that is punishable by death. 19 (4) Intersex people experience prejudice and 20 discrimination because their bodies do not conform 21 to other people’s expectations about sex and gender, 22 including the common performance of medically un- 23 necessary surgeries without the consent or approval 24 of intersex individuals. 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1857 IH (5) Violence and discrimination based on sexual 1 orientation and gender identity are documented in 2 the Department of State’s annual Human Rights 3 Report to Congress. The 2017 report continues to 4 show a clear pattern of human rights violations in 5 every region of the world based on sexual orientation 6 and gender identity. These violations include mur- 7 der, rape, torture, death threats, extortion, and im- 8 prisonment, as well as loss of employment, housing, 9 access to health care, and other forms of societal 10 stigma and discrimination. The report further docu- 11 ments LGBTI-specific restrictions on basic freedoms 12 of assembly, press, and speech in every region of the 13 world. 14 (6) In Jamaica and other countries, discrimina- 15 tion against LGBTI people, including ‘‘corrective 16 rape’’ of lesbian women, occurs all too frequently 17 and with relative impunity. 18 (7) In 2013, the Russian Duma passed a law 19 banning so-called ‘‘homosexual propaganda’’, which 20 effectively makes it a crime to publicly support 21 LGBTI equality or even discuss homosexuality. This 22 pernicious law is the basis for similar so-called 23 ‘‘antipropaganda’’ legislation in countries across 24 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1857 IH Eastern Europe and Central Asia, including in 1 Moldova, Kyrgyzstan, and Belarus. 2 (8) In December 2013, the Government of Ni- 3 geria adopted a law that further criminalized same- 4 sex relations and support for LGBTI people, endan- 5 gering neighbors, friends, doctors, and landlords of 6 LGBTI people. 7 (9) Several countries in South Asia continue to 8 have draconian laws that criminalize homosexual 9 acts, which place LGBTI people in danger and un- 10 dermine their ability to live free from persecution. 11 (10) In February 2014, the Government of 12 Uganda adopted a law making ‘‘aggravated homo- 13 sexuality’’ a crime punishable with life imprisonment 14 and concurrently, the Government of Uganda also 15 passed laws severely limiting the basic freedoms of 16 speech and assembly for LGBTI citizens. While the 17 Constitutional Court overturned the Anti-Homosex- 18 uality Act on a technicality in August 2014, LGBTI 19 Ugandans continue to be subjected to discrimination 20 and violence, and their government has in recent 21 years forcibly shut down even private Pride celebra- 22 tions in Kampala. 23 (11) On April 1, 2017, the Russian newspaper 24 Novaya Gazeta reported that the government of the 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1857 IH autonomous republic of Chechnya had been arrest- 1 ing, detaining, and torturing gay and bisexual men 2 in secret prisons since early 2017. International 3 human rights groups and Russian LGBTI rights ac- 4 tivists estimate that as many as 20 people may have 5 been murdered thus far and potentially over 200 6 people were detained during the purge. An OSCE 7 factfinding report released in December 2018 con- 8 firmed the atrocities, documenting ‘‘several waves of 9 violations of human rights abuses of persons based 10 on their sexual orientation and gender identity’’. Re- 11 ports from early 2019 suggest the purge has contin- 12 ued. 13 (12) On May 23, 2017, and again on July 13, 14 2018, gay men were publicly caned in the Indo- 15 nesian province of Aceh, while thousands of spec- 16 tators snapped pictures outside a mosque as the bru- 17 tal punishment was meted out. Several times in 18 2017, police in Indonesia have arrested men at pri- 19 vate parties, sometimes releasing their photographs 20 to the news media, endangering their lives. 21 (13) In September 2017, reports emerged from 22 Azerbaijan that authorities had begun a crackdown 23 on gay men and transgender women, arresting more 24 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1857 IH than 60 and subjecting them to beatings, harass- 1 ment, torture, and blackmail. 2 (14) From September through December 2017, 3 over 70 LGBTI individuals were arrested in Egypt, 4 with dozens receiving prison sentences of up to six 5 years. In late 2017, authorities in Egypt instructed 6 local media to delete any positive references to 7 LGBTI people, and lawmakers proposed a bill that 8 would criminalize LGBTI people and their allies. 9 The arrests continued in 2018, with a Cairo-based 10 LGBTI rights organization documenting 76 arrests 11 for alleged same-sex conduct in 2018. 12 (15) Anti-LGBTI laws not only endanger all 13 LGBTI individuals, but also pose serious risks for 14 those associated with or caring for LGBTI people. 15 Studies have shown that when LGBTI people, espe- 16 cially LGBTI youth, face discrimination, they are 17 less likely to seek HIV testing, prevention, and 18 treatment services. 19 (16) According to the Trans Murder Monitoring 20 Project, which monitors homicides of transgender in- 21 dividuals, there were at least 369 cases of reported 22 killings of trans and gender-diverse people between 23 October 2017 and September 2018, an increase over 24 previous years. The organization reports that a ‘‘ma- 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1857 IH jority of the murders occurred in Brazil (167), Mex- 1 ico (71), the United States (28), and Colombia (21), 2 adding up to a total of 2982 reported cases in 72 3 countries worldwide between 1st of January 2008 4 and 30th of September 2018’’. 5 (17) According to the International Guidelines 6 on HIV/AIDS and Human Rights, as published by 7 the United Nations High Commissioner for Human 8 Rights, and according to the July 2017 report of the 9 Independent Expert on protection against violence 10 and discrimination based on sexual orientation and 11 gender identity, countries should review and reform 12 criminal laws and correctional systems to ensure 13 that they are consistent with international human 14 rights obligations and are not misused or targeted 15 against vulnerable groups. 16 (18) Removing institutionalized discrimination 17 and targeted persecution against LGBTI people 18 around the world is a critical step in the promotion 19 of human rights and global health internationally. 20 (19) Anti-LGBTI laws and discrimination pose 21 significant risks for LGBTI youth who come out to 22 their family or community and often face rejection, 23 homelessness, and limited educational and economic 24 opportunities. These factors contribute to increased 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1857 IH risks of substance abuse, suicide, and HIV infection 1 among LGBTI youth. 2 (20) On December 6, 2011, President Barack 3 Obama released the ‘‘Presidential Memorandum— 4 International Initiatives to Advance the Human 5 Rights of Lesbian, Gay, Bisexual, and Transgender 6 Persons’’. The memorandum directed all Federal 7 agencies engaged abroad to ensure that United 8 States diplomacy and foreign assistance promote and 9 protect the human rights of LGBTI persons. 10 (21) On February 23, 2015, Secretary of State 11 John Kerry appointed senior diplomat Randy Berry 12 as the Department of State’s first-ever Special 13 Envoy for the Human Rights of LGBTI Persons. 14 Secretary Pompeo pledged to re-fill that position 15 during his April 2018 confirmation hearing, but has 16 yet to do so. 17 (22) On June 30, 2016, the United Nations 18 Human Rights Council passed a resolution cospon- 19 sored by the United States that established an inde- 20 pendent expert on violence and discrimination based 21 on sexual orientation and gender identity to help 22 monitor and track discrimination and violence expe- 23 rienced by LGBTI persons around the world. 24 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1857 IH (23) In November 2016, the Government of 1 Tanzania placed a ban on all HIV and AIDS out- 2 reach projects aimed at gay men, including those 3 funded by the President’s Emergency Plan for AIDS 4 Relief. This forced the closure of United States- 5 funded programs providing testing, condoms, and 6 care to gay men, exacerbating the health needs of 7 gay men in Tanzania, about 30 percent of whom are 8 HIV positive. In 2018, various government officials 9 have announced crackdowns on the LGBTI commu- 10 nity, including a threat by the governor of the larg- 11 est city, who announced a purge on LGBTI individ- 12 uals and asked the public to report them. Reports 13 suggest that many people have been arrested and 14 more are in hiding. 15 (24) In February 2017, three transgender 16 women were murdered in El Salvador with impunity, 17 leading the United Nations to call for an investiga- 18 tion into crimes against sexual and gender minorities 19 in that country. A 2016 report noted that 20 transgender women in El Salvador have an average 21 life expectancy of less than 35 years due to violence, 22 discrimination, and femicide. 23 (25) Extreme violence in El Salvador, Nica- 24 ragua, Guatemala, and Honduras has driven LGBTI 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 1857 IH people to flee their countries or origin to the United 1 States for protection. LGBTI people were among the 2 first asylum seekers in the migrant ‘‘caravans’’ ar- 3 riving at the United States-Mexico border. 4 (26) At the annual Summit of Commonwealth 5 Nations in April 2018, United Kingdom Prime Min- 6 ister Theresa May issued an apology for discrimina- 7 tory laws criminalizing same-sex relationships that 8 were imposed on British colonies around the world. 9 She also announced the creation of a fund to sup- 10 port legal reform efforts. 11 (27) In April 2018, Trinidad and Tobago’s 12 High Court of Justice issued a landmark ruling de- 13 claring that laws which criminalize same-sex rela- 14 tionships between consenting adults are unconstitu- 15 tional. 16 (28) In April 2014, the Supreme Court of India 17 recognized transgender people as a third gender, im- 18 proving the legal rights of transgender people in that 19 country. Though an important step, the decision 20 does not grant full legal rights to transgender peo- 21 ple. 22 (29) In September 2018, the Supreme Court of 23 India issued a unanimous decision decriminalizing 24 same-sex relationships across the country. The land- 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 1857 IH mark case is likely to support similar legal chal- 1 lenges to colonial-era sodomy laws in other former 2 British colonies, since the Indian sodomy law was 3 the model used for other British colonies. 4 (30) Angola decriminalized same-sex relation- 5 ships in January 2019, and prohibited discrimina- 6 tion against people on the basis of sexual orienta- 7 tion. 8 (31) In January 2018, the Inter-American 9 Court of Human Rights issued an advisory opinion 10 declaring that the American Convention on Human 11 Rights, adopted at San Jose November 22, 1969, 12 grants the right of transgender people to change 13 their name and gender on public documents, and 14 that same-sex couples must be granted full legal 15 rights, including the right to marriage. This ruling 16 is animating legal reforms and human rights cases 17 across the Americas. 18 (32) In September 2018, the legislature in 19 Chile passed a groundbreaking legal gender recogni- 20 tion law, which allows transgender individuals to 21 self-determine their legal gender in official docu- 22 ments without a judicial determination or medical 23 interventions. The Government of Uruguay passed a 24 similarly expansive gender recognition law in 2018. 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 1857 IH SEC. 4. STATEMENT OF POLICY. 1 It is the policy of the United States— 2 (1) to take effective action to prevent and re- 3 spond to discrimination and violence against all peo- 4 ple on any basis internationally, including sexual ori- 5 entation, gender identity, and sex characteristics, 6 and that human rights policy includes attention to 7 criminalization, hate crimes, and other discrimina- 8 tion against LGBTI people; 9 (2) to systematically integrate and coordinate 10 into United States foreign policy efforts to prevent 11 and respond to criminalization, discrimination, and 12 violence against LGBTI people internationally; 13 (3) to support and build local capacity in coun- 14 tries around the world, including of governments at 15 all levels and nongovernmental organizations, to pre- 16 vent and respond to criminalization, discrimination, 17 and violence against LGBTI people internationally; 18 (4) to consult, cooperate, coordinate, and col- 19 laborate with a wide variety of nongovernmental 20 partners, including faith-based organizations and 21 LGBTI-led organizations, with demonstrated experi- 22 ence in preventing and responding to criminalization, 23 discrimination, and violence against LGBTI people 24 internationally; 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 14 •HR 1857 IH (5) to employ a multisectoral approach to pre- 1 venting and responding to criminalization, discrimi- 2 nation, and violence against LGBTI people inter- 3 nationally, including activities in the economic, edu- 4 cation, health, nutrition, legal, and judicial sectors; 5 (6) to work at all levels, from the individual to 6 the family, community, local, national, and inter- 7 national levels, to prevent and respond to criminal- 8 ization, discrimination, and violence against LGBTI 9 people internationally; 10 (7) to enhance training by United States per- 11 sonnel of professional foreign military and police 12 forces and judicial officials to include appropriate 13 and thorough LGBTI-specific instruction on pre- 14 venting and responding to criminalization, discrimi- 15 nation, and violence based on sexual orientation and 16 gender identity; 17 (8) to engage non-LGBTI people as allies and 18 partners, as an essential element of making sus- 19 tained reductions in criminalization, discrimination, 20 and violence against LGBTI people internationally; 21 (9) to require that all Federal contractors and 22 grant recipients in the United States Government’s 23 international programs establish appropriate policies 24 and take effective measures to ensure the protection 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 15 •HR 1857 IH and safety of their staff and workplace, including 1 from discrimination and violence directed against 2 LGBTI people and those who provide services to 3 them; 4 (10) to exert sustained international leadership, 5 including in bilateral and multilateral fora, to pre- 6 vent and respond to criminalization, discrimination, 7 and violence against LGBTI people internationally; 8 (11) to fully implement and expand upon the 9 policies outlined in the ‘‘Presidential Memo- 10 randum—International Initiatives to Advance the 11 Human Rights of Lesbian, Gay, Bisexual, and 12 Transgender Persons’’; 13 (12) to ensure that international efforts to com- 14 bat HIV/AIDS take all appropriate measures to sup- 15 port at-risk communities, including LGBTI people, 16 and to create enabling legal environments for these 17 communities; 18 (13) to work with governments and nongovern- 19 mental partners around the world to develop and im- 20 plement regional strategies to decriminalize homo- 21 sexuality and to counteract the prohibition of public 22 support of LGBTI people; and 23 (14) to ensure that those who have a well- 24 founded fear of persecution on account of being 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 16 •HR 1857 IH LGBTI or supporting LGBTI rights have the oppor- 1 tunity to seek protection in the United States. 2 SEC. 5. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBTI 3 PEOPLE. 4 (a) ESTABLISHMENT.—The Secretary of State shall 5 establish in the Bureau of Democracy, Human Rights, 6 and Labor (DRL) of the Department of State a perma- 7 nent Special Envoy for the Human Rights of LGBTI Peo- 8 ples (in this section referred to as the ‘‘Special Envoy’’), 9 who shall be appointed by the President. The Special 10 Envoy shall report directly to the Assistant Secretary for 11 Democracy, Human Rights, and Labor. 12 (b) PURPOSE.—In addition to the duties described in 13 subsection (c) and those duties determined by the Sec- 14 retary of State, the Special Envoy shall direct efforts of 15 the United States Government relating to United States 16 foreign policy, as directed by the Secretary, regarding 17 human rights abuses against LGBTI people and commu- 18 nities internationally and the advancement of human 19 rights for LGBTI people, and shall represent the United 20 States internationally in bilateral and multilateral engage- 21 ment on such matters. 22 (c) DUTIES.— 23 (1) IN GENERAL.—The Special Envoy— 24 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 17 •HR 1857 IH (A) shall serve as the principal advisor to 1 the Secretary of State regarding human rights 2 for LGBTI people internationally; 3 (B) shall, notwithstanding any other provi- 4 sion of law, direct activities, policies, programs, 5 and funding relating to the human rights of 6 LGBTI people and the advancement of LGBTI 7 equality initiatives internationally, for all bu- 8 reaus and offices of the Department of State, 9 and shall lead the coordination of relevant 10 international programs for all other Federal 11 agencies relating to such matters; 12 (C) shall represent the United States in 13 diplomatic matters relevant to the human rights 14 of LGBTI people, including criminalization, dis- 15 crimination, and violence against LGBTI people 16 internationally; 17 (D) shall direct, as appropriate, United 18 States Government resources to respond to 19 needs for protection, integration, resettlement, 20 and empowerment of LGBTI people in United 21 States Government policies and international 22 programs, including to prevent and respond to 23 criminalization, discrimination, and violence 24 against LGBTI people internationally; 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 18 •HR 1857 IH (E) shall design, support, and implement 1 activities regarding support, education, resettle- 2 ment, and empowerment of LGBTI people 3 internationally, including for the prevention and 4 response to criminalization, discrimination, and 5 violence against LGBTI people internationally; 6 (F) shall lead interagency coordination be- 7 tween the foreign policy priorities related to the 8 human rights of LGBTI people and the devel- 9 opment assistance priorities of the LGBTI Co- 10 ordinator of the United States Agency for 11 International Development; 12 (G) shall conduct regular consultation with 13 nongovernmental organizations working to pre- 14 vent and respond to criminalization, discrimina- 15 tion, and violence against LGBTI people inter- 16 nationally; 17 (H) shall ensure that programs, projects, 18 and activities of the Department of State and 19 the United States Agency for International De- 20 velopment designed to prevent and respond to 21 criminalization, discrimination, and violence 22 against LGBTI people internationally are sub- 23 ject to rigorous monitoring and evaluation, and 24 that there is a uniform set of indicators and 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 19 •HR 1857 IH standards for such monitoring and evaluation 1 that is used across international programs in 2 Federal agencies; and 3 (I) is authorized to represent the United 4 States in bilateral and multilateral fora on mat- 5 ters relevant to the human rights of LGBTI 6 people internationally, including criminalization, 7 discrimination, and violence against LGBTI 8 people internationally. 9 (2) DATA REPOSITORY.—The Bureau of De- 10 mocracy, Human Rights, and Labor shall— 11 (A) be the central repository of data on all 12 United States programs, projects, and activities 13 that relate to prevention and response to crim- 14 inalization, discrimination, and violence against 15 LGBTI people internationally; and 16 (B) produce— 17 (i) a full accounting of United States 18 Government spending on such programs, 19 projects, and activities; and 20 (ii) evaluations of the effectiveness of 21 such programs, projects, and activities. 22 (d) BRIEFINGS AND ASSESSMENTS.—Not later than 23 180 days after the date of the enactment of this Act and 24 annually thereafter, the Special Envoy shall— 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 20 •HR 1857 IH (1) brief the appropriate congressional commit- 1 tees on the status of the human rights of LGBTI 2 people internationally, as well as on the status of 3 programs and response strategies to address crim- 4 inalization, discrimination, and violence against 5 LGBTI people internationally; and 6 (2) submit to the appropriate congressional 7 committees an assessment of human and financial 8 resources necessary to fulfill the purposes and duties 9 of this Act. 10 (e) UNITED STATES POLICY TO PREVENT AND RE- 11 SPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIO- 12 LENCE AGAINST LGBTI PEOPLE GLOBALLY.— 13 (1) GLOBAL STRATEGY REQUIREMENT.—Not 14 later than 180 days after the date of the enactment 15 of this Act, and annually thereafter for each of the 16 following five years, the Special Envoy shall develop 17 or update, as the case may be, a United States glob- 18 al strategy to prevent and respond to criminaliza- 19 tion, discrimination, and violence against LGBTI 20 people internationally. The Special Envoy shall sub- 21 mit the global strategy to the appropriate congres- 22 sional committees and, if practicable, make the glob- 23 al strategy available to the public. 24 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 21 •HR 1857 IH (2) COLLABORATION AND COORDINATION.—In 1 developing the global strategy required under para- 2 graph (1), the Special Envoy shall consult with— 3 (A) mid- and high-level officials of relevant 4 Federal agencies; and 5 (B) representatives of nongovernmental or- 6 ganizations with demonstrated experience in ad- 7 dressing criminalization, discrimination, and vi- 8 olence against LGBTI people internationally or 9 promoting equal rights for LGBTI people inter- 10 nationally. 11 (f) MONITORING THE UNITED STATES STRATEGY TO 12 PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMI- 13 NATION, AND VIOLENCE AGAINST LGBTI PEOPLE AND 14 COMMUNITIES INTERNATIONALLY.— 15 (1) IN GENERAL.—In each global strategy sub- 16 mitted under subsection (e), the Special Envoy shall 17 include an analysis of best practices for preventing 18 and addressing criminalization, discrimination, and 19 violence against LGBTI people and communities 20 internationally, including— 21 (A) a description of successful efforts by 22 foreign governments and nongovernmental or- 23 ganizations to prevent and respond to criminal- 24 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 22 •HR 1857 IH ization, discrimination, and violence against 1 LGBTI people and communities internationally; 2 (B) recommendations related to best prac- 3 tices, effective strategies, and improvements to 4 enhance the impact of such prevention and re- 5 sponse efforts; and 6 (C) the impact of activities funded by the 7 global strategy in preventing and reducing 8 criminalization, discrimination, and violence 9 against LGBTI people and communities inter- 10 nationally. 11 (2) INFORMATION REQUIRED TO BE INCLUDED 12 IN ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 13 PRACTICES.— 14 (A) SECTION 116.—Section 116(d) of the 15 Foreign Assistance Act of 1961 (22 U.S.C. 16 2151n(d)) is amended— 17 (i) in paragraph (11)(C), by striking 18 ‘‘; and’’ and inserting a semicolon; 19 (ii) in paragraph (12)(C)(ii), by strik- 20 ing the period at the end and inserting ‘‘; 21 and’’; and 22 (iii) by adding at the end the fol- 23 lowing new paragraph: 24 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 23 •HR 1857 IH ‘‘(13) wherever applicable, the nature and ex- 1 tent of criminalization, discrimination, and violence 2 based on sexual orientation and gender identity, in- 3 cluding an identification of those countries that have 4 adopted laws or constitutional provisions that crim- 5 inalize or discriminate based on sexual orientation or 6 gender identity (as those terms are defined in sec- 7 tion 2 of the International Human Rights Defense 8 Act of 2019), including detailed descriptions of such 9 laws and provisions.’’. 10 (B) SECTION 502B.—Section 502B of the 11 Foreign Assistance Act of 1961 (22 U.S.C. 12 2304) is amended— 13 (i) by redesignating the second sub- 14 section (i) (relating to child marriage sta- 15 tus) as subsection (j); and 16 (ii) by adding at the end the following 17 new subsection: 18 ‘‘(k) SEXUAL ORIENTATION AND GENDER IDEN- 19 TITY.—The report required under subsection (b) shall in- 20 clude, wherever applicable, the nature and extent of crim- 21 inalization, discrimination, and violence based on sexual 22 orientation and gender identity, including an identification 23 of those countries that have adopted laws or constitutional 24 provisions that criminalize or discriminate based on sexual 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 24 •HR 1857 IH orientation or gender identity (as those terms are defined 1 in section 2 of the International Human Rights Defense 2 Act of 2018), including detailed descriptions of such laws 3 and provisions.’’. 4 SEC. 6. IMPLEMENTATION OF THE UNITED STATES STRAT- 5 EGY TO PREVENT AND RESPOND TO CRIM- 6 INALIZATION, DISCRIMINATION, AND VIO- 7 LENCE AGAINST LGBTI PEOPLE AND COMMU- 8 NITIES INTERNATIONALLY. 9 The Secretary of State and the Administrator of the 10 United States Agency for International Development are 11 authorized to provide assistance to prevent and respond 12 to criminalization, discrimination, and violence against 13 LGBTI people internationally. Such assistance may in- 14 clude the following activities: 15 (1) Development and implementation of pro- 16 grams, such as the Global Equality Fund of the De- 17 partment of State, that respond to human rights 18 abuses and economic exclusion of LGBTI people in 19 the workplace and in public. 20 (2) Development and enforcement of civil and 21 criminal legal and judicial sanctions, protection, 22 training, and capacity. 23 (3) Enhancement of health sector capacity to 24 detect, prevent, and respond to violence against 25 VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS 25 •HR 1857 IH LGBTI people and communities internationally, and 1 to combat HIV/AIDS in the LGBTI community 2 internationally, in close coordination with the Office 3 of the Global AIDS Coordinator and Health Diplo- 4 macy of the Department of State. 5 (4) Development of a leadership program for 6 international LGBTI activists that will foster col- 7 laboration and knowledge sharing across the world. 8 Æ VerDate Sep 11 2014 00:42 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6301 E:\BILLS\H1857.IH H1857 pamtmann on DSKBFK8HB2PROD with BILLS