Text of US HB 3800 (2022)

I 117TH CONGRESS 1ST SESSION H. R. 3800 To protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2021 Ms. TITUS (for herself, Mr. CICILLINE, Mr. CASTRO of Texas, Mr. PAPPAS, Mr. GRIJALVA, Mr. TAKANO, Ms. BONAMICI, Ms. BASS, Mr. ESPAILLAT, Mr. GARCI´A of Illinois, Ms. JACOBS of California, Ms. SCHAKOWSKY, Ms. NORTON, Mr. SHERMAN, Mr. LEVIN of Michigan, Mr. HUFFMAN, Mr. MCGOVERN, Mr. BLUMENAUER, Mr. LYNCH, Ms. SA´NCHEZ, Ms. DELBENE, Mr. SOTO, Mr. DESAULNIER, Mr. POCAN, Mr. DEUTCH, Mrs. NAPOLITANO, Mr. VARGAS, Mr. LOWENTHAL, Ms. PRESSLEY, Mr. PAL- LONE, Ms. CHU, Ms. BROWNLEY, Mr. CASE, Mr. KILMER, Mr. AUCHINCLOSS, Mr. CONNOLLY, Mr. MCEACHIN, Mr. COHEN, Ms. CLARKE of New York, Mr. KEATING, Ms. LOIS FRANKEL of Florida, Mr. HORSFORD, Mr. SIRES, Mr. SWALWELL, Mr. DELGADO, Ms. ESHOO, Mr. SMITH of Washington, Ms. WASSERMAN SCHULTZ, Mr. TONKO, Ms. SCANLON, Mrs. HAYES, Mr. JOHNSON of Georgia, Ms. PINGREE, Mr. RASKIN, Ms. ROYBAL-ALLARD, Mrs. LAWRENCE, Mr. QUIGLEY, Mr. PAYNE, Mr. TORRES of New York, Ms. OMAR, Ms. DEAN, Mr. KHANNA, Mr. SCHNEIDER, Ms. BOURDEAUX, Mr. RUPPERSBERGER, Ms. VELA´ZQUEZ, Ms. WEXTON, Mr. GALLEGO, Mr. PANETTA, Mr. KILDEE, Ms. BLUNT ROCHESTER, Ms. OCASIO-CORTEZ, Ms. MOORE of Wisconsin, Mr. SUOZZI, Mrs. WATSON COLEMAN, Mr. KIM of New Jersey, Ms. NEW- MAN, Ms. MENG, Mr. WELCH, Mr. GREEN of Texas, Mr. LARSON of Con- necticut, Mr. CARSON, Mrs. CAROLYN B. MALONEY of New York, Ms. TLAIB, Mr. SEAN PATRICK MALONEY of New York, Mr. JONES, Mr. MCNERNEY, Mr. NADLER, Ms. CRAIG, Mr. MALINOWSKI, Ms. MCCOL- LUM, Miss RICE of New York, Mr. COSTA, Mr. MEEKS, Mr. DANNY K. DAVIS of Illinois, Mr. LIEU, and Mr. HIMES) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in ad- dition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 2 •HR 3800 IH A BILL To protect human rights and enhance opportunities for LGBTQI people around the world, 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 ‘‘Greater Leadership 4 Overseas for the Benefit of Equality Act of 2021’’ or the 5 ‘‘GLOBE Act of 2021’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 (1) The norms of good governance, human 9 rights protections, and the rule of law have been vio- 10 lated unconscionably with respect to lesbian, gay, bi- 11 sexual, transgender, queer, and intersex (LGBTQI) 12 peoples in an overwhelming majority of countries 13 around the world, where LGBTQI people face vio- 14 lence, hatred, bigotry, and discrimination because of 15 who they are and whom they love. 16 (2) In at least 68 countries, or almost 40 per- 17 cent of the world, same-sex relations and relation- 18 ships are criminalized. Many countries also crim- 19 inalize or otherwise prohibit cross-dressing and gen- 20 der-affirming treatments for transgender individuals. 21 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 3 •HR 3800 IH (3) The World Bank has begun to measure the 1 macro-economic costs of criminal laws targeting 2 LGBTQI individuals through lost productivity, detri- 3 mental health outcomes and violence, as a step to- 4 ward mitigating those costs. 5 (4) Violence and discrimination based on sexual 6 orientation and gender identity are documented in 7 the Department of State’s annual Country Human 8 Rights Reports to Congress. These reports continue 9 to show a clear pattern of human rights violations, 10 including murder, rape, torture, death threats, extor- 11 tion, and imprisonment, in every region of the world 12 based on sexual orientation and gender identity. In 13 many instances police, prison, military, and civilian 14 government authorities have been directly complicit 15 in abuses aimed at LGBTQI citizens. 16 (5) As documented by the State Department, 17 LGBTQI individuals are subjected in many coun- 18 tries to capricious imprisonment, loss of employ- 19 ment, housing, access to health care, and societal 20 stigma and discrimination. LGBTQI-specific restric- 21 tions on basic freedoms of assembly, press, and 22 speech exist in every region of the world. 23 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 4 •HR 3800 IH (6) Targeted sanctions are an important tool to 1 push for accountability for violations of the human 2 rights of LGBTQI people. 3 (7) Anti-LGBTQI laws and discrimination pose 4 significant risks for LGBTQI youth who come out to 5 their family or community and often face rejection, 6 homelessness, and limited educational and economic 7 opportunities. These factors contribute to increased 8 risks of substance abuse, suicide, and HIV infection 9 among LGBTQI youth. 10 (8) Anti-LGBTQI laws also increase global 11 health risks. Studies have shown that when 12 LGBTQI people, especially LGBTQI youth, face dis- 13 crimination, they are less likely to seek HIV testing, 14 prevention, and treatment services. 15 (9) LGBTQI populations are disproportionately 16 impacted by the Mexico City Policy, also widely re- 17 ferred to as the ‘‘global gag rule’’. LGBTQI people 18 often receive much of their health care through re- 19 productive health clinics, and organizations that can- 20 not comply with the policy are forced to discontinue 21 work on United States-supported global health 22 projects that are frequently used by LGBTQI popu- 23 lations, including HIV prevention and treatment, 24 stigma reduction, and research. 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 5 •HR 3800 IH (10) Because they face tremendous discrimina- 1 tion in the formal labor sector, many sex workers 2 are also LGBTQI individuals, and many sex-worker- 3 led programs and clinics serve the LGBTQI commu- 4 nity with safe, non-stigmatizing, medical and social 5 care. USAID has also referred to sex workers as a 6 ‘‘most-at-risk population’’. The anti-prostitution loy- 7 alty oath that health care providers receiving United 8 States assistance must take isolates sex-worker-led 9 and serving groups from programs and reinforces 10 stigma, undermining both the global AIDS response 11 and human rights. The Supreme Court found this 12 requirement unconstitutional as it applies to United 13 States nongovernmental organizations and their for- 14 eign affiliates in 2013. 15 (11) According to the Trans Murder Monitoring 16 Project, which monitors homicides of transgender in- 17 dividuals, there were at least 350 cases of reported 18 killings of trans and gender-diverse people between 19 October 2019 and September 2020, an increase over 20 previous years. 21 (12) In many countries, intersex individuals ex- 22 perience prejudice and discrimination because their 23 bodies do not conform to general expectations about 24 sex and gender. Because of these expectations, medi- 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 6 •HR 3800 IH cally unnecessary interventions are often performed 1 in infancy without the consent or approval of 2 intersex individuals, in violation of international 3 human rights standards. 4 (13) Asylum and refugee protection are critical 5 last-resort protections for LGBTQI individuals, but 6 those who seek such protections face ostracization 7 and abuse in refugee camps and detention facilities. 8 They are frequently targeted for violence, including 9 sexual assault, in refugee camps and in immigration 10 detention. LGBTQI individuals may be segregated 11 against their will for long periods in solitary confine- 12 ment, in an effort to protect them from such vio- 13 lence, but prolonged solitary confinement itself rep- 14 resents an additional form of abuse that is pro- 15 foundly damaging to the social and psychological 16 well-being of any individual. 17 (14) The global COVID–19 pandemic has exac- 18 erbated inequalities that LGBTQI individuals face, 19 including access to health care, stigma, and discrimi- 20 nation, undermining LGBTQI rights around the 21 world. 22 (15) In December 2011, President Barack 23 Obama directed all Federal foreign affairs agencies 24 to ensure that their diplomatic, humanitarian, health 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 7 •HR 3800 IH and foreign assistance programs take into account 1 the needs of marginalized LGBTQI communities 2 and persons. 3 (16) In 2015, the Department of State estab- 4 lished the position of Special Envoy for the Human 5 Rights of LGBTQI Persons. 6 (17) In 2021, President Joseph Biden issued 7 the Memorandum on Advancing the Human Rights 8 of Lesbian, Gay, Bisexual, Transgender, Queer, and 9 Intersex Persons Around the World, which stated 10 that it is the policy of the United States to pursue 11 an end to violence and discrimination on the basis 12 of sexual orientation, gender identity or expression, 13 or sex characteristics and called for United States 14 global leadership on LGBTQI rights. 15 (18) In Bostock v. Clayton County, the Su- 16 preme Court held that title VII of the Civil Rights 17 Act of 1964 prohibits discrimination on the basis of 18 gender identity and sexual orientation. On January 19 20, 2021, President Biden issued Executive Order 20 13988 to enforce Bostock, which orders all agency 21 heads to determine the additional steps they should 22 take to ensure that administration policies are fully 23 implemented consistent with Bostock, including the 24 Secretary of State and the Administrator of USAID. 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 8 •HR 3800 IH (19) The use of United States diplomatic tools, 1 including the Department of State’s exchange and 2 speaker programs, to address the human rights 3 needs of marginalized communities has helped in- 4 form public debates in many countries regarding the 5 protective responsibilities of any democratic govern- 6 ment. 7 (20) Inclusion of human rights protections for 8 LGBTQI individuals in United States trade agree- 9 ments, as in the United States-Mexico-Canada 10 Agreement, and trade preference programs is in- 11 tended both to ensure a level playing field for United 12 States business and to provide greater workplace 13 protections overseas, compatible with those of the 14 United States. 15 (21) Engaging multilateral fora and inter- 16 national institutions is critical to impacting global 17 norms and to broadening global commitments to 18 fairer standards for the treatment of all people, in- 19 cluding LGBTQI. The United States must remain a 20 leader in the United Nations system and has a vest- 21 ed interest in the success of that multilateral en- 22 gagement. 23 (22) Ongoing United States participation in the 24 Equal Rights Coalition, which is a new intergovern- 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 9 •HR 3800 IH mental coalition of more than 40 governments and 1 leading civil society organizations that work together 2 to protect the human rights of LGBTQI people 3 around the world, remains vital to international ef- 4 forts to respond to violence and impunity. 5 (23) Those who represent the United States 6 abroad, including our diplomats, development spe- 7 cialists and military, should reflect the diversity of 8 our country and honor America’s call to equality, in- 9 cluding through proud and open service abroad by 10 LGBTQI Americans and those living with HIV. 11 SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTI- 12 VATED VIOLENCE AGAINST LGBTQI PEOPLE 13 ABROAD. 14 (a) INFORMATION REQUIRED TO BE INCLUDED IN 15 ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRAC- 16 TICES.— 17 (1) SECTION 116.—Section 116(d) of the For- 18 eign Assistance Act of 1961 (22 U.S.C. 2151n(d)) 19 is amended— 20 (A) in paragraph (11)(C), by striking ‘‘; 21 and’’ and inserting a semicolon; 22 (B) in paragraph (12)(C)(ii), by striking 23 the period at the end and inserting ‘‘; and’’; 24 and 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 10 •HR 3800 IH (C) by adding at the end the following new 1 paragraph: 2 ‘‘(13) wherever applicable, the nature and ex- 3 tent of criminalization, discrimination, and violence 4 based on sexual orientation and gender identity, in- 5 cluding an identification of those countries that have 6 adopted laws or constitutional provisions that crim- 7 inalize or discriminate based on sexual orientation or 8 gender identity, including detailed descriptions of 9 such laws and provisions.’’. 10 (2) SECTION 502B.—Section 502B of the For- 11 eign Assistance Act of 1961 (22 U.S.C. 2304) is 12 amended— 13 (A) by redesignating the second subsection 14 (i) (relating to child marriage status) as sub- 15 section (j); and 16 (B) by adding at the end the following new 17 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 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 11 •HR 3800 IH orientation or gender identity, including detailed descrip- 1 tions of such laws and provisions.’’. 2 (b) REVIEW AT DIPLOMATIC AND CONSULAR 3 POSTS.— 4 (1) IN GENERAL.—In preparing the annual 5 country reports on human rights practices required 6 by section 116 or 502B of the Foreign Assistance 7 Act of 1961, as amended by subsection (a), the Sec- 8 retary of State shall obtain information from each 9 diplomatic and consular post with respect to the fol- 10 lowing: 11 (A) Incidents of violence against LGBTQI 12 people in the country in which such post is lo- 13 cated. 14 (B) An analysis of the factors enabling or 15 aggravating such incidents, such as government 16 policy, societal pressure, or external actors. 17 (C) The response, whether public or pri- 18 vate, of the personnel of such post with respect 19 to such incidents. 20 (2) ADDRESSING BIAS-MOTIVATED VIOLENCE.— 21 The Secretary shall include in the annual strategic 22 plans of the regional bureaus concrete diplomatic 23 strategies, programs, and policies to address bias- 24 motivated violence using information obtained pursu- 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 12 •HR 3800 IH ant to paragraph (1), such as programs to build ca- 1 pacity among civil society or governmental entities to 2 document, investigate, and prosecute instances of 3 such violence and provide support to victims of such 4 violence. 5 (c) INTERAGENCY GROUP.— 6 (1) ESTABLISHMENT.—There is established an 7 interagency group on responses to urgent threats to 8 LGBTQI people in foreign countries (in this sub- 9 section referred to as the ‘‘interagency group’’), that 10 shall be chaired by the Secretary of State and in- 11 clude the Secretary of Defense, the Secretary of the 12 Treasury, the Administrator of the United States 13 Agency for International Development, the Attorney 14 General, and the head of each other Federal depart- 15 ment or agency the President determines is relevant 16 to the duties of the interagency group. 17 (2) DUTIES.—The duties of the interagency 18 group shall be to— 19 (A) coordinate the responses of each par- 20 ticipating agency with respect to threats di- 21 rected towards LGBTQI populations in other 22 countries; 23 (B) develop longer-term approaches to pol- 24 icy developments and incidents negatively im- 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 13 •HR 3800 IH pacting the LGBTQI populations in specific 1 countries; 2 (C) advise the President on the designation 3 of foreign persons for sanctions pursuant to 4 section 4; 5 (D) identify United States laws and poli- 6 cies, at the Federal, State, and local levels, that 7 affirm the equality of LGBTQI persons; and 8 (E) use such identified laws and policies to 9 develop diplomatic strategies to share the exper- 10 tise obtained from the implementation of such 11 laws and policies with appropriate officials of 12 countries where LGBTQI persons do not enjoy 13 equal protection under the law. 14 (d) SPECIAL ENVOY FOR THE HUMAN RIGHTS OF 15 LGBTQI PEOPLES.— 16 (1) ESTABLISHMENT.—The Secretary of State 17 shall establish in the Bureau of Democracy, Human 18 Rights, and Labor of the Department of State a per- 19 manent Special Envoy for the Human Rights of 20 LGBTQI Peoples (in this section referred to as the 21 ‘‘Special Envoy’’), who shall have the rank of Am- 22 bassador and shall be appointed by the President. 23 The Special Envoy shall report directly to the As- 24 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 14 •HR 3800 IH sistant Secretary for Democracy, Human Rights, 1 and Labor. 2 (2) PURPOSE.—The Special Envoy shall direct 3 efforts of the United States Government relating to 4 United States foreign policy, as directed by the Sec- 5 retary, regarding human rights abuses against 6 LGBTQI people and communities internationally 7 and the advancement of human rights for LGBTQI 8 people, and shall represent the United States inter- 9 nationally in bilateral and multilateral engagement 10 on such matters. 11 (3) DUTIES.— 12 (A) IN GENERAL.—The Special Envoy— 13 (i) shall serve as the principal advisor 14 to the Secretary of State regarding human 15 rights for LGBTQI people internationally; 16 (ii) shall, notwithstanding any other 17 provision of law, direct activities, policies, 18 programs, and funding relating to the 19 human rights of LGBTQI people and the 20 advancement of LGBTQI equality initia- 21 tives internationally, for all bureaus and 22 offices of the Department of State and 23 shall lead the coordination of relevant 24 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 15 •HR 3800 IH international programs for all other Fed- 1 eral agencies relating to such matters; 2 (iii) shall represent the United States 3 in diplomatic matters relevant to the 4 human rights of LGBTQI people, includ- 5 ing criminalization, discrimination, and vi- 6 olence against LGBTQI people internation- 7 ally; 8 (iv) shall direct, as appropriate, 9 United States Government resources to re- 10 spond to needs for protection, integration, 11 resettlement, and empowerment of 12 LGBTQI people in United States Govern- 13 ment policies and international programs, 14 including to prevent and respond to crim- 15 inalization, discrimination, and violence 16 against LGBTQI people internationally; 17 (v) shall design, support, and imple- 18 ment activities regarding support, edu- 19 cation, resettlement, and empowerment of 20 LGBTQI people internationally, including 21 for the prevention and response to crim- 22 inalization, discrimination, and violence 23 against LGBTQI people internationally; 24 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 16 •HR 3800 IH (vi) shall lead interagency coordina- 1 tion between the foreign policy priorities 2 related to the human rights of LGBTQI 3 people and the development assistance pri- 4 orities of the LGBTQI Coordinator of the 5 United States Agency for International 6 Development; 7 (vii) shall conduct regular consultation 8 with nongovernmental organizations work- 9 ing to prevent and respond to criminaliza- 10 tion, discrimination, and violence against 11 LGBTQI people internationally; 12 (viii) shall ensure that programs, 13 projects, and activities of the Department 14 of State and the United States Agency for 15 International Development designed to pre- 16 vent and respond to criminalization, dis- 17 crimination, and violence against LGBTQI 18 people internationally are subject to rig- 19 orous monitoring and evaluation, and that 20 there is a uniform set of indicators and 21 standards for such monitoring and evalua- 22 tion that is used across international pro- 23 grams in Federal agencies; and 24 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 17 •HR 3800 IH (ix) is authorized to represent the 1 United States in bilateral and multilateral 2 fora on matters relevant to the human 3 rights of LGBTQI people internationally, 4 including criminalization, discrimination, 5 and violence against LGBTQI people inter- 6 nationally. 7 (4) DATA REPOSITORY.—The Bureau of De- 8 mocracy, Human Rights, and Labor shall— 9 (A) be the central repository of data on all 10 United States programs, projects, and activities 11 that relate to prevention and response to crim- 12 inalization, discrimination, and violence against 13 LGBTQI people internationally; and 14 (B) produce— 15 (i) a full accounting of United States 16 Government spending on such programs, 17 projects, and activities; and 18 (ii) evaluations of the effectiveness of 19 such programs, projects, and activities. 20 (e) TRAINING AT INTERNATIONAL LAW ENFORCE- 21 MENT ACADEMIES.—The President shall ensure that any 22 international law enforcement academy supported by 23 United States assistance shall provide training with re- 24 spect to the rights of LGBTQI people, including through 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 18 •HR 3800 IH specialized courses highlighting best practices in the docu- 1 mentation, investigation, and prosecution of bias-moti- 2 vated hate crimes targeting persons based on actual or 3 perceived sexual orientation, gender identity, or sex char- 4 acteristics. 5 SEC. 4. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 6 VIOLATIONS OF HUMAN RIGHTS AGAINST 7 LGBTQI PEOPLE. 8 (a) IN GENERAL.—Not later than 180 days after the 9 date of the enactment of this Act and biannually there- 10 after, the President shall transmit to the appropriate con- 11 gressional committees a list of each foreign person the 12 President determines, based on credible information, in- 13 cluding information obtained by other countries or by non- 14 governmental organizations that monitor violations of 15 human rights— 16 (1) is responsible for or complicit in, with re- 17 spect to persons based on actual or perceived sexual 18 orientation, gender identity, or sex characteristics— 19 (A) cruel, inhuman, or degrading treat- 20 ment or punishment; 21 (B) prolonged detention without charges 22 and trial; 23 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 19 •HR 3800 IH (C) causing the disappearance of such per- 1 sons by the abduction and clandestine detention 2 of such persons; or 3 (D) other flagrant denial of the right to 4 life, liberty, or the security of such persons; 5 (2) acted as an agent of or on behalf of a for- 6 eign person in a matter relating to an activity de- 7 scribed in paragraph (1); or 8 (3) is responsible for or complicit in inciting a 9 foreign person to engage in an activity described in 10 paragraph (1). 11 (b) FORM; UPDATES; REMOVAL.— 12 (1) FORM.—The list required by subsection (a) 13 shall be transmitted in unclassified form and pub- 14 lished in the Federal Register without regard to the 15 requirements of section 222(f) of the Immigration 16 and Nationality Act (8 U.S.C. 1202(f)) with respect 17 to confidentiality of records pertaining to the 18 issuance or refusal of visas or permits to enter the 19 United States, except that the President may include 20 a foreign person in a classified, unpublished annex 21 to such list if the President— 22 (A) determines that— 23 (i) it is vital for the national security 24 interests of the United States to do so; and 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 20 •HR 3800 IH (ii) the use of such annex, and the in- 1 clusion of such person in such annex, 2 would not undermine the overall purpose of 3 this section to publicly identify foreign per- 4 sons engaging in the conduct described in 5 subsection (a) in order to increase account- 6 ability for such conduct; and 7 (B) not later than 15 days before including 8 such person in a classified annex, provides to 9 the appropriate congressional committees notice 10 of, and a justification for, including or con- 11 tinuing to include each foreign person in such 12 annex despite the existence of any publicly 13 available credible information indicating that 14 each such foreign person engaged in an activity 15 described in subsection (a). 16 (2) UPDATES.—The President shall transmit to 17 the appropriate congressional committees an update 18 of the list required by subsection (a) as new infor- 19 mation becomes available. 20 (3) REMOVAL.—A foreign person may be re- 21 moved from the list required by subsection (a) if the 22 President determines and reports to the appropriate 23 congressional committees not later than 15 days be- 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 21 •HR 3800 IH fore the removal of such person from such list 1 that— 2 (A) credible information exists that such 3 person did not engage in the activity for which 4 the person was included in such list; 5 (B) such person has been prosecuted ap- 6 propriately for the activity in which such person 7 engaged; or 8 (C) such person has credibly demonstrated 9 a significant change in behavior, has paid an 10 appropriate consequence for the activities in 11 which such person engaged, and has credibly 12 committed to not engage in an activity de- 13 scribed in subsection (a). 14 (c) PUBLIC SUBMISSION OF INFORMATION.—The 15 President shall issue public guidance, including through 16 United States diplomatic and consular posts, setting forth 17 the manner by which the names of foreign persons that 18 may meet the criteria to be included on the list required 19 by subsection (a) may be submitted to the Department 20 of State for evaluation. 21 (d) REQUESTS FROM CHAIR AND RANKING MEMBER 22 OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 23 (1) CONSIDERATION OF INFORMATION.—In ad- 24 dition to the guidance issued pursuant to subsection 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 22 •HR 3800 IH (c), the President shall also consider information 1 provided by the Chair or Ranking Member of each 2 of the appropriate congressional committees in de- 3 termining whether to include a foreign person in the 4 list required by subsection (a). 5 (2) REQUESTS.—Not later than 120 days after 6 receiving a written request from the Chair or Rank- 7 ing Member of one of the appropriate congressional 8 committees with respect to whether a foreign person 9 meets the criteria for being included in the list re- 10 quired by subsection (a), the President shall trans- 11 mit a response to such Chair or Ranking Member, 12 as the case may be, with respect to the President’s 13 determination relating to such foreign person. 14 (3) REMOVAL.—If the President removes from 15 the list required by subsection (a) a foreign person 16 that had been included in such list pursuant to a re- 17 quest under paragraph (2), the President shall pro- 18 vide to the relevant Chair or Ranking Member of 19 one of the appropriate congressional committees any 20 information that contributed to such decision. 21 (4) FORM.—The President may transmit a re- 22 sponse required by paragraph (2) or paragraph (3) 23 in classified form if the President determines that it 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 23 •HR 3800 IH is necessary for the national security interests of the 1 United States to do so. 2 (e) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 3 (1) INELIGIBILITY FOR VISAS AND ADMISSION 4 TO THE UNITED STATES.—A foreign person on the 5 list required by subsection (a), and each immediate 6 family member of such person, is— 7 (A) inadmissible to the United States; 8 (B) ineligible to receive a visa or other doc- 9 umentation to enter the United States; and 10 (C) otherwise ineligible to be admitted or 11 paroled into the United States or to receive any 12 other benefit under the Immigration and Na- 13 tionality Act (8 U.S.C. 1101 et seq.). 14 (2) CURRENT VISAS REVOKED.— 15 (A) IN GENERAL.—The issuing consular 16 officer or the Secretary of State (or a designee 17 of the Secretary of State) shall, in accordance 18 with section 221(i) of the Immigration and Na- 19 tionality Act (8 U.S.C. 1201(i)), revoke any 20 visa or other entry documentation issued to a 21 foreign person on the list required by subsection 22 (a), and any visa or other entry documentation 23 issued to any immediate family member of such 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 24 •HR 3800 IH person, regardless of when the visa or other 1 entry documentation is issued. 2 (B) EFFECT OF REVOCATION.—A revoca- 3 tion under subparagraph (A) shall— 4 (i) take effect immediately; and 5 (ii) automatically cancel any other 6 valid visa or entry documentation that is in 7 the foreign person’s possession. 8 (C) REGULATIONS REQUIRED.—Not later 9 than 180 days after the date of the enactment 10 of this Act, the Secretary of State shall pre- 11 scribe such regulations as are necessary to 12 carry out this subsection. 13 (D) EXCEPTION TO COMPLY WITH INTER- 14 NATIONAL OBLIGATIONS.—Sanctions under this 15 subsection shall not apply with respect to a for- 16 eign person if admitting or paroling such per- 17 son into the United States is necessary to per- 18 mit the United States to comply with the 19 Agreement regarding the Headquarters of the 20 United Nations, signed at Lake Success, June 21 26, 1947, and entered into force November 21, 22 1947, between the United Nations and the 23 United States, or other applicable international 24 obligations. 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 25 •HR 3800 IH (3) SENSE OF CONGRESS WITH RESPECT TO 1 ADDITIONAL SANCTIONS.—It is the sense of Con- 2 gress that the President should impose additional 3 targeted sanctions with respect to foreign persons on 4 the list required by subsection (a) to push for ac- 5 countability for flagrant denials of the right to life, 6 liberty, or the security of the person, through the 7 use of designations and targeted sanctions provided 8 for such conduct under other existing authorities. 9 (4) WAIVERS IN THE INTEREST OF NATIONAL 10 SECURITY.— 11 (A) IN GENERAL.—The President may 12 waive the application of paragraph (1) or (2) 13 with respect to a foreign person included in the 14 list required by subsection (a) if the President 15 determines and transmits to the appropriate 16 congressional committees notice and justifica- 17 tion, that such a waiver— 18 (i) is necessary to permit the United 19 States to comply with the Agreement be- 20 tween the United Nations and the United 21 States of America regarding the Head- 22 quarters of the United Nations, signed 23 June 26, 1947, and entered into force No- 24 vember 21, 1947, or other applicable inter- 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 26 •HR 3800 IH national obligations of the United States; 1 or 2 (ii) is in the national security interests 3 of the United States. 4 (B) TIMING OF CERTAIN WAIVERS.—A 5 waiver pursuant to a determination under 6 clause (ii) of subparagraph (A) shall be trans- 7 mitted not later than 15 days before the grant- 8 ing of such waiver. 9 (f) REPORT TO CONGRESS.—Not later than one year 10 after the date of the enactment of this Act and annually 11 thereafter, the President, acting through the Secretary of 12 State, shall submit to the appropriate congressional com- 13 mittees a report on— 14 (1) the actions taken to carry out this section, 15 including— 16 (A) the number of foreign persons added 17 to or removed from the list required by sub- 18 section (a) during the year preceding each such 19 report, the dates on which such persons were so 20 added or removed, and the reasons for so add- 21 ing or removing such persons; and 22 (B) an analysis that compares increases or 23 decreases in the number of such persons added 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 27 •HR 3800 IH or removed year-over-year and the reasons 1 therefor; and 2 (2) any efforts by the President to coordinate 3 with the governments of other countries, as appro- 4 priate, to impose sanctions that are similar to the 5 sanctions imposed under this section. 6 (g) DEFINITIONS.—In this section: 7 (1) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES.—The term ‘‘appropriate congressional com- 9 mittees’’ means— 10 (A) the Committee on Armed Services, the 11 Committee on Foreign Affairs, the Committee 12 on Homeland Security, and the Committee on 13 the Judiciary of the House of Representatives; 14 and 15 (B) the Committee on Armed Services, the 16 Committee on Foreign Relations, the Com- 17 mittee on Homeland Security and Govern- 18 mental Affairs, and the Committee on the Judi- 19 ciary of the Senate. 20 (2) FOREIGN PERSON.—The term ‘‘foreign per- 21 son’’ has the meaning given such term in section 22 595.304 of title 31, Code of Federal Regulations (as 23 in effect on the day before the date of the enactment 24 of this Act). 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 28 •HR 3800 IH (3) IMMEDIATE FAMILY MEMBER.—The term 1 ‘‘immediate family member’’ has the meaning given 2 such term for purposes of section 7031(c) of division 3 K of the Consolidated Appropriations Act, 2021. 4 (4) PERSON.—The term ‘‘person’’ has the 5 meaning given such term in section 591.308 of title 6 31, Code of Federal Regulations (as in effect on the 7 day before the date of the enactment of this Act). 8 SEC. 5. COMBATING INTERNATIONAL CRIMINALIZATION OF 9 LGBTQI STATUS, EXPRESSION, OR CONDUCT. 10 (a) ANNUAL STRATEGIC REVIEW.—The Secretary of 11 State, in consultation with the Administrator of the 12 United States Agency for International Development, shall 13 include during the course of annual strategic planning an 14 examination of the progress made in countries around the 15 world toward the decriminalization of the status, expres- 16 sion, and conduct of LGBTQI individuals, the obstacles 17 that remain toward achieving such decriminalization, and 18 the strategies available to the Department and the Agency 19 to address such obstacles. 20 (b) ELEMENTS.—The examination described in sub- 21 section (a) shall include the following: 22 (1) An examination of the full range of criminal 23 and civil laws of other countries that disproportion- 24 ately impact communities of LGBTQI individuals or 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 29 •HR 3800 IH apply with respect to the conduct of LGBTQI indi- 1 viduals. 2 (2) In consultation with the Attorney General, 3 a list of countries in each geographic region with re- 4 spect to which— 5 (A) the Attorney General, acting through 6 the Office of Overseas Prosecutorial Develop- 7 ment Assistance and Training of the Depart- 8 ment of Justice, shall prioritize programs seek- 9 ing to— 10 (i) decriminalize the status, expres- 11 sion, and conduct of LGBTQI individuals; 12 (ii) monitor the trials of those pros- 13 ecuted because of such status, expression, 14 or conduct; and 15 (iii) reform related laws having a dis- 16 criminatory impact on LGBTQI individ- 17 uals; and 18 (B) applicable speaker or exchange pro- 19 grams sponsored by the United States Govern- 20 ment shall bring together civil society and gov- 21 ernmental leaders to promote the recognition of 22 LGBTQI rights through educational exchanges 23 in the United States and support better under- 24 standing of the role that governments and civil 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 30 •HR 3800 IH societies mutually play in assurance of equal 1 treatment of LGBTQI populations abroad. 2 SEC. 6. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS 3 OF LGBTQI PEOPLE. 4 (a) SENSE OF CONGRESS.—It is the sense of Con- 5 gress that the full implementation of Executive Order 6 13988 and Bostock requires that United States foreign 7 assistance and development organizations adopt the policy 8 that no contractor, grantee, or implementing partner ad- 9 ministering United States assistance for any humani- 10 tarian, development, or global health programs may dis- 11 criminate against any employee or applicant for employ- 12 ment because of their gender identity or sexual orienta- 13 tion. 14 (b) GLOBAL EQUALITY FUND.— 15 (1) IN GENERAL.—The Secretary of State shall 16 establish a fund, to be known as the ‘‘Global Equal- 17 ity Fund’’, to be managed by the Assistant Sec- 18 retary of the Bureau of Democracy, Human Rights 19 and Labor, consisting of such sums as may be ap- 20 propriated to provide grants, emergency assistance, 21 and technical assistance to eligible civil society orga- 22 nizations and human rights defenders working to ad- 23 vance and protect human rights for all including 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 31 •HR 3800 IH LGBTQI persons, by seeking to achieve the fol- 1 lowing: 2 (A) Ensuring the freedoms of assembly, 3 association, and expression. 4 (B) Protecting persons or groups against 5 the threat of violence, including medically un- 6 necessary interventions performed on intersex 7 infants. 8 (C) Advocating against laws that crim- 9 inalize LGBTQI status, expression, or conduct 10 or discriminate against individuals on the basis 11 of sexual orientation, gender identity, or sex 12 characteristics. 13 (D) Ending explicit and implicit forms of 14 discrimination in the workplace, housing, edu- 15 cation, and other public institutions or services. 16 (E) Building community awareness and 17 support for the human rights of LGBTQI per- 18 sons. 19 (2) CONTRIBUTIONS.—The Secretary may ac- 20 cept financial and technical contributions from cor- 21 porations, bilateral donors, foundations, nongovern- 22 mental organizations, and other entities supporting 23 the outcomes described in paragraph (1), through 24 the Global Equality Fund. 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 32 •HR 3800 IH (3) PRIORITIZATION.—In providing assistance 1 through the Global Equality Fund, the Secretary 2 shall ensure due consideration and appropriate 3 prioritization of assistance to groups that have his- 4 torically been excluded from programs undertaken 5 for the outcomes described in paragraph (1). 6 (c) LGBTQI GLOBAL DEVELOPMENT PARTNER- 7 SHIP.—The Administrator of the United States Agency 8 for International Development, in consultation with the 9 Secretary of State, shall establish a partnership, to be 10 known as the ‘‘LGBTQI Global Development Partner- 11 ship’’, to leverage the financial and technical contributions 12 of corporations, bilateral donors, foundations, nongovern- 13 mental organizations, and universities to support the 14 human rights and development of LGBTQI persons 15 around the world by supporting programs, projects, and 16 activities for the following purposes: 17 (1) To strengthen the capacity of LGBTQI 18 leaders and civil society organizations. 19 (2) To train LGBTQI leaders to effectively par- 20 ticipate in democratic processes and lead civil insti- 21 tutions. 22 (3) To conduct research to inform national, re- 23 gional, or global policies and programs. 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 33 •HR 3800 IH (4) To promote economic empowerment through 1 enhanced LGBTQI entrepreneurship and business 2 development. 3 (d) CONSULTATION.—In coordinating programs, 4 projects, and activities through the Global Equality Fund 5 or the Global Development Partnership, the Secretary of 6 State shall consult, as appropriate, with the Administrator 7 of the United States Agency for International Develop- 8 ment and the heads of other relevant Federal departments 9 and agencies. 10 (e) REPORT.—The Secretary of State shall submit to 11 the appropriate congressional committees an annual re- 12 port on the work of, successes obtained, and challenges 13 faced by the Global Equality Fund and the LGBTQI Glob- 14 al Development Partnership established in accordance 15 with this section. 16 (f) LIMITATION ON ASSISTANCE RELATING TO 17 EQUAL ACCESS.— 18 (1) IN GENERAL.—None of the amounts au- 19 thorized to be appropriated or otherwise made avail- 20 able to provide United States assistance for any hu- 21 manitarian, development, or global health programs 22 may be made available to any contractor, grantee, or 23 implementing partner, unless such recipient— 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 34 •HR 3800 IH (A) ensures that the program, project, or 1 activity funded by such amounts are made 2 available to all elements of the population, ex- 3 cept to the extent that such program, project, 4 or activity targets a population because of the 5 higher assessed risk of negative outcomes 6 among such populations; 7 (B) undertakes to make every reasonable 8 effort to ensure that each subcontractor or sub- 9 grantee of such recipient will also adhere to the 10 requirement described in subparagraph (A); and 11 (C) agrees to return all amounts awarded 12 or otherwise provided by the United States, in- 13 cluding such additional penalties as the Sec- 14 retary of State may determine to be appro- 15 priate, if the recipient is not able to adhere to 16 the requirement described in subparagraph (A). 17 (2) QUARTERLY REPORT.—The Secretary of 18 State shall provide to the appropriate congressional 19 committees a quarterly report on the methods by 20 which the Department monitors compliance with the 21 requirement in paragraph (1)(A). 22 (g) OFFICE OF FOREIGN ASSISTANCE.—The Sec- 23 retary of State, acting through the Director of the Office 24 of Foreign Assistance, shall monitor the amount of foreign 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 35 •HR 3800 IH assistance obligated and expended on programs, projects, 1 and activities relating to LGBTQI people, and shall pro- 2 vide the results of the indicators tracking such expendi- 3 ture, upon request, to the Organization for Economic Co- 4 operation and Development. 5 SEC. 7. GLOBAL HEALTH INCLUSIVITY. 6 (a) IN GENERAL.—The Coordinator of United States 7 Government Activities to Combat HIV/AIDS Globally 8 shall develop mechanisms to ensure that the President’s 9 Emergency Plan for AIDS Relief (PEPFAR) is imple- 10 mented in a way that equitably serves LGBTQI people 11 in accordance with the goals described in section 6(f), in- 12 cluding by requiring all partner entities receiving assist- 13 ance through PEPFAR to receive training on the health 14 needs of and human rights standards relating to LGBTQI 15 people, and shall promptly notify Congress of any obsta- 16 cles encountered by a foreign government or contractor, 17 grantee, or implementing partner in the effort to equitably 18 implement PEPFAR as described in such subsection, in- 19 cluding any remedial steps taken by the Coordinator to 20 overcome such obstacles. 21 (b) REPORT ON INTERNATIONAL PROSECUTIONS FOR 22 SEX WORK OR CONSENSUAL SEXUAL ACTIVITY.—Not 23 later than 180 days after the date of the enactment of 24 this Act, the Coordinator shall submit to the appropriate 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 36 •HR 3800 IH congressional committees a report describing the manner 1 in which commodities such as condoms provided by pro- 2 grams, projects, or activities funded through PEPFAR or 3 other sources of United States assistance have been used 4 as evidence to arrest, detain, or prosecute individuals in 5 other countries in order to enforce domestic laws criminal- 6 izing sex work or consensual sexual activity. 7 (c) REPORT ON HIV/AIDS-RELATED INDEX TEST- 8 ING.—Not later than 180 days after the date of the enact- 9 ment of this Act, the Coordinator shall submit to the ap- 10 propriate congressional committees a report describing the 11 impact of partner notification services and index testing 12 on treatment adherence, intimate partner violence, and ex- 13 posure to the criminal justice system for key populations, 14 including LGBTQI people and sex workers, using quali- 15 tative and quantitative data. 16 (d) REPORT ON IMPACT OF ‘‘GLOBAL GAG’’ RULE.— 17 Not later than 180 days after the date of the enactment 18 of this Act, the Comptroller General shall submit to the 19 appropriate congressional committees a report describing 20 the impact, as of the date of the submission of the report, 21 on the implementation and enforcement of any iteration 22 of the Mexico City Policy on the global LGBTQI commu- 23 nity. 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 37 •HR 3800 IH (e) REMOVING LIMITATIONS ON ELIGIBILITY FOR 1 FOREIGN ASSISTANCE.— 2 (1) IN GENERAL.—Notwithstanding any other 3 provision of law, regulation, or policy, in determining 4 eligibility for assistance authorized under part I of 5 the Foreign Assistance Act of 1961 (22 U.S.C. 2151 6 et seq.), a foreign nongovernmental organization— 7 (A) shall not be ineligible for such assist- 8 ance solely on the basis of health or medical 9 services, including counseling and referral serv- 10 ices, provided by such organizations solely using 11 funds not provided by the United States Gov- 12 ernment, if such services do not violate the laws 13 of the country in which they are being provided 14 and would not violate Federal law if provided in 15 the United States; and 16 (B) shall not be subject to requirements 17 relating to advocacy and lobbying activities with 18 respect to funds not provided by the United 19 States Government, other than requirements re- 20 lating to such activities that also apply to 21 United States nongovernmental organizations 22 receiving assistance authorized under such part 23 I. 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 38 •HR 3800 IH (2) CONFORMING AMENDMENTS TO PEPFAR AU- 1 THORIZATION.—Section 301 of the United States 2 Leadership Against HIV/AIDS, Tuberculosis, and 3 Malaria Act of 2003 (22 U.S.C. 7631) is amended— 4 (A) by striking subsections (d) through (f); 5 and 6 (B) by redesignating subsection (g) as sub- 7 section (d). 8 (3) CONFORMING AMENDMENTS TO THE ALLO- 9 CATION OF FUNDS BY THE GLOBAL AIDS COORDI- 10 NATOR.—Section 403(a) of the United States Lead- 11 ership Against HIV/AIDS, Tuberculosis, and Ma- 12 laria Act of 2003 (22 U.S.C. 7673(a)) is amended— 13 (A) in paragraph (1)— 14 (i) by striking ‘‘shall—’’ and all that 15 follows through ‘‘(A) provide’’ and insert- 16 ing ‘‘shall provide’’; 17 (ii) by striking ‘‘; and’’ and inserting 18 a period; and 19 (iii) by striking subparagraph (B); 20 and 21 (B) in paragraph (2)— 22 (i) by striking ‘‘PREVENTION STRAT- 23 EGY.—’’ and all that follows through ‘‘In 24 carrying out paragraph (1)’’ and inserting 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 39 •HR 3800 IH ‘‘PREVENTION STRATEGY.—In carrying 1 out paragraph (1)’’; and 2 (ii) by striking subparagraph (B). 3 (4) CONFORMING AMENDMENTS TO TVPRA AU- 4 THORIZATION.—Section 113 of the Trafficking Vic- 5 tims Protection Act of 2000 (22 U.S.C. 7110) is 6 amended— 7 (A) by striking subsection (g); and 8 (B) by redesignating subsections (h) and 9 (i) as subsections (g) and (h), respectively. 10 SEC. 8. IMMIGRATION REFORM. 11 (a) REFUGEES AND ASYLUM SEEKERS.— 12 (1) LGBTQI SOCIAL GROUP.—Section 13 101(a)(42) of the Immigration and Nationality Act 14 (8 U.S.C. 1101(a)(42)) is amended by inserting 15 after the period at the end the following: ‘‘For pur- 16 poses of determinations under this Act, a person 17 who has been persecuted on the basis of sexual ori- 18 entation or gender identity, shall be deemed to have 19 been persecuted on account of membership in a par- 20 ticular social group, and a person who has a well 21 founded fear of persecution on the basis of sexual 22 orientation or gender identity shall be deemed to 23 have a well founded fear of persecution on account 24 of membership in a particular social group.’’. 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 40 •HR 3800 IH (2) REPORT.—Section 103(e) of the Immigra- 1 tion and Nationality Act (8 U.S.C. 1103(e)) is 2 amended by adding at the end the following: 3 ‘‘(3) Each annual report shall include information on 4 the total number of applications for asylum and refugee 5 status received that are, in whole or in part, based on per- 6 secution or a well founded fear of persecution on account 7 of sexual orientation or gender identity, and the rate of 8 approval administratively of such applications.’’. 9 (3) ASYLUM FILING DEADLINE REPEAL.— 10 (A) IN GENERAL.—Section 208(a)(2)(B) of 11 the Immigration and Nationality Act (8 U.S.C. 12 1158(a)(2)(B)) is repealed. 13 (B) CONFORMING AMENDMENTS.—Section 14 208(a)(2) of the Immigration and Nationality 15 Act (8 U.S.C. 1158(a)(2)) is amended— 16 (i) in subparagraph (D)— 17 (I) by striking ‘‘notwithstanding 18 subparagraphs (B) and (C)’’ and in- 19 serting ‘‘notwithstanding subpara- 20 graph (C)’’; 21 (II) by striking ‘‘either’’ after 22 ‘‘Attorney General’’; and 23 (III) by striking ‘‘or extraor- 24 dinary circumstances relating to the 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 41 •HR 3800 IH delay in filing an application within 1 the period specified in subparagraph 2 (B)’’; and 3 (ii) in subparagraph (E), by striking 4 ‘‘Subparagraphs (A) and (B)’’ and insert- 5 ing ‘‘Subparagraph (A)’’. 6 (C) APPLICATION.—The amendments 7 made by this paragraph shall apply to applica- 8 tions for asylum filed before, on, or after the 9 date of the enactment of this Act. 10 (b) PERMANENT PARTNERS.—Section 101(a) of the 11 Immigration and Nationality Act (8 U.S.C. 1101(a)) is 12 amended— 13 (1) in paragraph (35), by inserting ‘‘includes 14 any permanent partner, but’’ before ‘‘does not in- 15 clude’’; and 16 (2) by adding at the end the following: 17 ‘‘(53) The term ‘marriage’ includes a permanent 18 partnership. 19 ‘‘(54) The term ‘permanent partner’ means an indi- 20 vidual 18 years of age or older who— 21 ‘‘(A) is in a committed, intimate relationship 22 with another individual 18 years of age or older, in 23 which both parties intend a lifelong commitment; 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 42 •HR 3800 IH ‘‘(B) is financially interdependent with the 1 other individual; 2 ‘‘(C) is not married to anyone other than the 3 other individual; 4 ‘‘(D) is a national of or, in the case of a person 5 having no nationality, last habitually resided in a 6 country that prohibits marriage between the individ- 7 uals; and 8 ‘‘(E) is not a first-, second-, or third-degree 9 blood relation of the other individual. 10 ‘‘(55) The term ‘permanent partnership’ means the 11 relationship that exists between two permanent partners.’’. 12 (c) COUNSEL.— 13 (1) APPOINTMENT OF COUNSEL.—Section 14 240(b)(4) of the Immigration and Nationality Act (8 15 U.S.C. 1229a(b)(4)) is amended— 16 (A) in subparagraph (B), by striking 17 ‘‘and’’ at the end; 18 (B) in subparagraph (C), by striking the 19 period at the end and inserting ‘‘, and’’; and 20 (C) by adding at the end the following: 21 ‘‘(D) notwithstanding subparagraph (A), in 22 a case in which an indigent alien requests rep- 23 resentation, such representation shall be ap- 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 43 •HR 3800 IH pointed by the court, at the expense of the Gov- 1 ernment, for such proceedings.’’. 2 (2) RIGHT TO COUNSEL.—Section 292 of the 3 Immigration and Nationality Act (8 U.S.C. 1362) is 4 amended— 5 (A) by inserting ‘‘(a)’’ before ‘‘In any’’; 6 (B) by striking ‘‘he’’ and inserting ‘‘the 7 person’’; and 8 (C) by adding at the end the following: 9 ‘‘(b) Notwithstanding subsection (a), in a case in 10 which an indigent alien requests representation, such rep- 11 resentation shall be appointed by the court, at the expense 12 of the Government, for the proceedings described in sub- 13 section (a). 14 ‘‘(c) In an interview relating to admission under sec- 15 tion 207, an alien shall have the privilege of being rep- 16 resented, at no expense to the Government, by such coun- 17 sel, authorized to practice in such proceedings, as the alien 18 shall choose.’’. 19 (d) REFUGEE ADMISSIONS OF LGBTQI ALIENS 20 FROM CERTAIN COUNTRIES.— 21 (1) IN GENERAL.—In the case of aliens who are 22 nationals of or, in the case of aliens having no na- 23 tionality, last habitually resided in a country that 24 fails to protect against persecution on the basis of 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 44 •HR 3800 IH sexual orientation or gender identity and who share 1 common characteristics that identify them as targets 2 of persecution on account of sexual orientation or 3 gender identity, such aliens are eligible for Priority 4 2 processing under the refugee resettlement priority 5 system. 6 (2) RESETTLEMENT PROCESSING.— 7 (A) IN GENERAL.—In a case in which a 8 refugee admitted under section 207 of the Im- 9 migration and Nationality Act discloses to an 10 employee or contractor of the Bureau of Popu- 11 lation, Refugees, and Migration information 12 with respect to the refugee’s sexual orientation 13 or gender identity, the Secretary of State shall, 14 with the refugee’s consent, provide such infor- 15 mation to the appropriate national resettlement 16 agency to prevent the refugee from being placed 17 in a community in which the refugee is likely to 18 face continued discrimination and to place the 19 refugee in a community that offers services to 20 meet the needs of the refugee. 21 (B) NATIONAL RESETTLEMENT AGENCIES 22 DEFINED.—The term ‘‘national resettlement 23 agency’’ means an agency contracting with the 24 Department of State to provide sponsorship and 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 45 •HR 3800 IH initial resettlement services to refugees entering 1 the United States. 2 (e) TRAINING PROGRAM.— 3 (1) TRAINING PROGRAM.—In order to create an 4 environment in which an alien may safely disclose 5 such alien’s sexual orientation or gender identity, 6 the Secretary of Homeland Security shall establish, 7 in consultation with the Secretary of State, a train- 8 ing program for staff and translators who partici- 9 pate in the interview process of aliens seeking asy- 10 lum or status as a refugee. 11 (2) COMPONENTS OF TRAINING PROGRAM.— 12 The training program described in paragraph (1) 13 shall include instruction on— 14 (A) appropriate word choice and word 15 usage; 16 (B) creating safe spaces and facilities for 17 LGBTQI aliens; 18 (C) confidentiality requirements; and 19 (D) nondiscrimination policies. 20 (f) LIMITATION ON DETENTION.— 21 (1) PRESUMPTION OF RELEASE.— 22 (A) IN GENERAL.—Notwithstanding any 23 other provision of law and except as provided in 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 46 •HR 3800 IH subparagraphs (B) and (C), the Secretary of 1 Homeland Security— 2 (i) may not detain an alien who is a 3 member of a vulnerable group under any 4 provision of the Immigration and Nation- 5 ality Act (8 U.S.C. 1101 et seq.) pending 6 a decision with respect to whether the alien 7 is to be removed from the United States; 8 and 9 (ii) shall immediately release any de- 10 tained alien who is a member of a vulner- 11 able group. 12 (B) EXCEPTIONS.—The Secretary of 13 Homeland Security may detain, pursuant to the 14 Immigration and Nationality Act (8 U.S.C. 15 1101 et seq.), an alien who is a member of a 16 vulnerable group if the Secretary makes a de- 17 termination, using credible and individualized 18 information, that the use of alternatives to de- 19 tention will not reasonably assure the appear- 20 ance of the alien at removal proceedings, or 21 that the alien is a threat to another person or 22 the community. The fact that an alien has a 23 criminal charge pending against the alien may 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 47 •HR 3800 IH not be the sole factor to justify the detention of 1 the alien. 2 (C) REMOVAL.—In a case in which deten- 3 tion is the least restrictive means of effec- 4 tuating the removal from the United States of 5 an alien who is a member of a vulnerable group, 6 the subject of a final order of deportation or re- 7 moval, and not detained under subparagraph 8 (B), the Secretary of Homeland Security may, 9 solely for the purpose of such removal, detain 10 the alien for a period that is— 11 (i) the shortest possible period imme- 12 diately preceding the removal of the alien 13 from the United States; and 14 (ii) not more than 5 days. 15 (2) WEEKLY REVIEW REQUIRED.— 16 (A) IN GENERAL.—With respect to an 17 alien detained under subparagraph (B) of para- 18 graph (1), not less frequently than once each 19 week, the Secretary of Homeland Security shall 20 conduct an individualized review to determine 21 whether the alien should continue to be de- 22 tained under such subparagraph. 23 (B) RELEASE.—In the case of a deter- 24 mination under subparagraph (A) that an alien 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 48 •HR 3800 IH should not be detained under paragraph (1)(B), 1 not later than 24 hours after the date on which 2 the Secretary makes the determination, the Sec- 3 retary shall release the detainee. 4 (g) PROTECTIVE CUSTODY FOR LGBTQI ALIEN DE- 5 TAINEES.— 6 (1) DETAINEES.—An LGBTQI alien who is de- 7 tained under subparagraph (B) or (C) of subsection 8 (f)(1) may not be placed in housing that is seg- 9 regated from the general population unless— 10 (A) the alien requests placement in such 11 housing for the protection of the alien; or 12 (B) the Secretary of Homeland Security 13 determines, after assessing all available alter- 14 natives, that there is no available alternative 15 means of separation from likely abusers. 16 (2) PLACEMENT FACTORS.—In a case in which 17 an LGBTQI alien is placed in segregated housing 18 pursuant to paragraph (1), the Secretary of Home- 19 land Security shall ensure that such housing— 20 (A) includes non-LGBTQI aliens, to the 21 extent practicable; and 22 (B) complies with any applicable court 23 order for the protection of LGBTQI aliens. 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 49 •HR 3800 IH (3) PROTECTIVE CUSTODY REQUESTS.—In a 1 case in which an LGBTQI alien who is detained re- 2 quests placement in segregated housing for the pro- 3 tection of such alien, the Secretary of Homeland Se- 4 curity shall grant such request. 5 (h) SENSE OF CONGRESS.—It is the sense of Con- 6 gress that the Secretary of Homeland Security should hire 7 a sufficient number of Refugee Corps officers for refugee 8 interviews to be held within a reasonable period of time 9 and adjudicated not later than 180 days after a request 10 for Priority 2 consideration is filed. 11 SEC. 9. ISSUANCE OF PASSPORTS AND GUARANTEE OF 12 CITIZENSHIP TO CERTAIN CHILDREN BORN 13 ABROAD. 14 (a) SEX IDENTIFICATION MARKERS.—For the pur- 15 poses of any identity document issued by the Department 16 that displays sex information, including passports and 17 consular reports of birth abroad, the Secretary shall en- 18 sure (through appropriate regulation, manual, policy, 19 form, or other updates) that an applicant for such a docu- 20 ment may self-select the sex designation, including a non- 21 binary or neutral designation (such as ‘‘X’’). 22 (b) GUARANTEE OF CITIZENSHIP TO CHILDREN 23 BORN ABROAD USING ASSISTIVE REPRODUCTION TECH- 24 NOLOGY.—Not later than 90 days after the date of the 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 50 •HR 3800 IH enactment of this Act, the Secretary of State shall issue 1 regulations, in accordance with the press statement re- 2 leased on May 18, 2021, with respect to ‘‘U.S. Citizenship 3 Transmission and Assisted Reproductive Technology’’, 4 clarifying that no biological connection between a parent 5 and a child is required for a child to acquire citizenship 6 at birth from a United States citizen parent under sections 7 301(c), (d), (e), and (g) of the Immigration and Nation- 8 ality Act (8 U.S.C. 1401(c), (d), (e), and (g)), provided 9 that either the local law at the place of birth or United 10 States law recognize such a person to be the legal parent 11 of the child from birth. 12 SEC. 10. ENGAGING INTERNATIONAL ORGANIZATIONS IN 13 THE FIGHT AGAINST LGBTQI DISCRIMINA- 14 TION. 15 (a) SENSE OF CONGRESS.—It is the sense of Con- 16 gress that— 17 (1) the United States should be a leader in ef- 18 forts by the United Nations to ensure that human 19 rights norms, development principles, and political 20 rights are fully inclusive of LGBTQI people; 21 (2) United States leadership within inter- 22 national financial institutions, such as the World 23 Bank and the regional development banks, should be 24 used to ensure that the programs, projects, and ac- 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 51 •HR 3800 IH tivities undertaken by such institutions are fully in- 1 clusive of all people, including LGBTQI people; and 2 (3) the Secretary of State should seek appro- 3 priate opportunities to encourage the equal treat- 4 ment of LGBTQI people during discussions with or 5 participation in the full range of regional, multilat- 6 eral, and international fora, such as the Organiza- 7 tion of American States, the Organization for Secu- 8 rity and Cooperation in Europe, the European 9 Union, the African Union, and the Association of 10 South East Asian Nations. 11 (b) ACTION THROUGH THE EQUAL RIGHTS COALI- 12 TION.—The Secretary of State shall promote diplomatic 13 coordination through the Equal Rights Coalition, estab- 14 lished in July 2016 at the Global LGBTQI Human Rights 15 Conference in Montevideo, Uruguay, and other multilat- 16 eral mechanisms, to achieve the goals and outcomes de- 17 scribed in subsection (a). 18 SEC. 11. REPRESENTING THE RIGHTS OF UNITED STATES 19 LGBTQI CITIZENS DEPLOYED TO DIPLO- 20 MATIC AND CONSULAR POSTS. 21 (a) SENSE OF CONGRESS.—It is the sense of Con- 22 gress that, recognizing the importance of a diverse work- 23 force in the representation of the United States abroad, 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 52 •HR 3800 IH and in support of sound personnel staffing policies, the 1 Secretary of State should— 2 (1) prioritize efforts to ensure that foreign gov- 3 ernments do not impede the assignment of United 4 States LGBTQI citizens and their families to diplo- 5 matic and consular posts; 6 (2) open conversations with entities in the 7 United States private sector that engage in business 8 in other countries to the extent necessary to address 9 any visa issues faced by such private sector entities 10 with respect to their LGBTQI employees; and 11 (3) prioritize efforts to improve post and post 12 school information for LGBTQI employees and em- 13 ployees with LGBTQI family members. 14 (b) REMEDIES FOR FAMILY VISA DENIAL.— 15 (1) IN GENERAL.—The Secretary of State shall 16 use all appropriate diplomatic efforts to ensure that 17 the families of LGBTQI employees of the Depart- 18 ment are issued visas from countries where such em- 19 ployees are posted. 20 (2) LIST REQUIRED.—Not later than 180 days 21 after the date of the enactment of this Act, the Sec- 22 retary of State shall submit to Congress— 23 (A) a classified list of each country that 24 has refused to grant accreditation to LGBTQI 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 53 •HR 3800 IH employees of the Department or their family 1 members in the prior two years; and 2 (B) the actions taken or intended to be 3 taken by the Secretary, in accordance with 4 paragraph (1), to ensure that LGBTQI employ- 5 ees are appointed to appropriate positions in ac- 6 cordance with diplomatic needs and personnel 7 qualifications, including actions specifically re- 8 lating to securing the accreditation of the fami- 9 lies of such employees by relevant countries. 10 (c) IMPROVING POST INFORMATION AND OVERSEAS 11 ENVIRONMENT FOR LGBTQI ADULTS AND CHILDREN.— 12 (1) IN GENERAL.—The Secretary of State shall 13 ensure that LGBTQI employees and employees with 14 LGBTQI family members have adequate information 15 to pursue overseas postings, including country envi- 16 ronment information for adults and children. 17 (2) NON-DISCRIMINATION POLICIES FOR 18 UNITED STATES GOVERNMENT-SUPPORTED 19 SCHOOLS.—The Secretary shall make every effort to 20 ensure schools abroad that receive assistance and 21 support from the United States Government under 22 programs administered by the Office of Overseas 23 Schools of the Department of State have active and 24 clear nondiscrimination policies, including policies 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 54 •HR 3800 IH relating to sexual orientation and gender identity im- 1 pacting LGBTQI children of all ages. 2 (3) REQUIRED INFORMATION FOR LGBTQI 3 CHILDREN.—The Secretary shall ensure that infor- 4 mation focused on LGBTQI children of all ages (in- 5 cluding transgender and gender nonconforming stu- 6 dents) is included in post reports, bidding materials, 7 and Office of Overseas Schools reports, databases, 8 and adequacy lists. 9 SEC. 12. DEFINITIONS. 10 In this Act: 11 (1) APPROPRIATE CONGRESSIONAL COMMIT- 12 TEES.—The term ‘‘appropriate congressional com- 13 mittees’’ means— 14 (A) the Committee on Foreign Affairs, the 15 Committee on the Judiciary, and the Com- 16 mittee on Appropriations of the House of Rep- 17 resentatives; and 18 (B) the Committee on Foreign Relations, 19 the Committee on the Judiciary, and the Com- 20 mittee on Appropriations of the Senate. 21 (2) GENDER IDENTITY.—The term ‘‘gender 22 identity’’ means the gender-related identity, appear- 23 ance, mannerisms, or other gender-related character- 24 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 55 •HR 3800 IH istics of an individual, regardless of the individual’s 1 designated sex at birth. 2 (3) LGBTQI.—The term ‘‘LGBTQI’’ means 3 lesbian, gay, bisexual, transgender, queer, or 4 intersex. 5 (4) MEMBER OF A VULNERABLE GROUP.—The 6 term ‘‘member of a vulnerable group’’ means, with 7 respect to an alien, that such alien— 8 (A) is under 21 years of age or over 60 9 years of age; 10 (B) is pregnant; 11 (C) identifies as lesbian, gay, bisexual, 12 transgender, or intersex; 13 (D) is victim or witness of a crime; 14 (E) has filed a nonfrivolous civil rights 15 claim in Federal or State court; 16 (F) has a serious mental or physical illness 17 or disability; 18 (G) has been determined by an asylum of- 19 ficer in an interview conducted under section 20 235(b)(1)(B) of the Immigration and Nation- 21 ality Act (8 U.S.C. 1225(b)(1)(B)) to have a 22 credible fear of persecution; or 23 (H) has been determined by an immigra- 24 tion judge or the Secretary of Homeland Secu- 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 56 •HR 3800 IH rity to be experiencing severe trauma or to be 1 a survivor of torture or gender-based violence, 2 based on information obtained during intake, 3 from the alien’s attorney or legal service pro- 4 vider, or through credible self-reporting. 5 (5) SEXUAL ORIENTATION.—The term ‘‘sexual 6 orientation’’ means actual or perceived homosex- 7 uality, heterosexuality, or bisexuality. 8 Æ VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6301 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS