Text of US HB 590 (2015)
International Human Rights Defense Act of 2015
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As introduced
26,949 characters
I
114TH CONGRESS
1ST SESSION
H. R. 590
To establish in the Bureau of Democracy, Human Rights, and Labor of
the Department of State a Special Envoy for the Human Rights of
LGBT Peoples.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 28, 2015
Mr. LOWENTHAL (for himself, Mr. CA´RDENAS, Mr. CICILLINE, Mr. COHEN,
Mr. CONNOLLY, Mrs. DAVIS of California, Mr. DEUTCH, Mr. ELLISON,
Mr. ENGEL, Ms. ESTY, Mr. GIBSON, Mr. GRAYSON, Mr. GUTIE´RREZ, Mr.
HANNA, Mr. HASTINGS, Mr. HIMES, Mr. HONDA, Ms. JACKSON LEE, Ms.
EDDIE BERNICE JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. KIL-
MER, Ms. LEE, Mr. LIEU of California, Mr. SEAN PATRICK MALONEY of
New York, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Ms.
NORTON, Mr. PETERS, Mr. POCAN, Mr. POLIS, Mr. QUIGLEY, Ms. SCHA-
KOWSKY, Mr. SMITH of Washington, Ms. SPEIER, Mr. TAKANO, Ms.
TITUS, Ms. VELA´ZQUEZ, Ms. WILSON of Florida, Ms. ESHOO, Mr. SHER-
MAN, Mr. KEATING, Ms. SINEMA, Ms. DELBENE, and Mr. CARTWRIGHT)
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
for the Human Rights of LGBT Peoples.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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•HR 590 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘International Human
2
Rights Defense Act of 2015’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
6
TEES.—The term ‘‘appropriate congressional com-
7
mittees’’ means—
8
(A) the Committee on Foreign Relations
9
and the Committee on Appropriations of the
10
Senate; and
11
(B) the Committee on Foreign Affairs and
12
the Committee on Appropriations of the House
13
of Representatives.
14
(2) GENDER
IDENTITY.—The term ‘‘gender
15
identity’’ means the gender-related identity, appear-
16
ance, or mannerisms or other gender-related charac-
17
teristics of an individual, with or without regard to
18
the individual’s designated sex at birth.
19
(3) LGBT.—The term ‘‘LGBT’’ means lesbian,
20
gay, bisexual, or transgender.
21
(4) SEXUAL ORIENTATION.—The term ‘‘sexual
22
orientation’’ means homosexuality, heterosexuality,
23
or bisexuality.
24
SEC. 3. FINDINGS.
25
Congress makes the following findings:
26
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(1) Eighty-two countries prohibit the public
1
support
of
the
LGBT
community,
promote
2
homophobia across society, or criminalize homosex-
3
uality. That is equal to more than 40 percent of
4
United Nations Member States.
5
(2) In seven countries, homosexuality is a crime
6
that is punishable by death.
7
(3) Around the world, LGBT people face dis-
8
crimination, hatred, violence, and bigotry.
9
(4) Violence and discrimination based on sexual
10
orientation and gender identity are documented in
11
the Department of State’s annual Human Rights
12
Report to Congress. The 2013 report continues to
13
show a clear pattern of increased human rights vio-
14
lations in every region of the world based on sexual
15
orientation and gender identity. These violations in-
16
clude murder, rape, torture, death threats, extortion,
17
imprisonment, as well as loss of employment, hous-
18
ing, access to health care, and other forms of soci-
19
etal stigma and discrimination. The report further
20
documents growing LGBT-specific restrictions on
21
basic freedoms of assembly, press, and speech in
22
every region of the world.
23
(5) In Jamaica and other countries, discrimina-
24
tion against LGBT people, including ‘‘corrective
25
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•HR 590 IH
rape’’ of lesbian women, occurs all too frequently
1
and with relative impunity.
2
(6) In 2013, the Government of the Russian
3
Federation passed a law banning ‘‘Homosexual
4
Propaganda’’, which effectively makes it a crime to
5
publically support LGBT equality. The Russian law
6
is the basis for similar anti-propaganda legislation
7
threatened or introduced in countries across Eastern
8
Europe and Central Asia, including Lithuania,
9
Kyrgyzstan, and Belarus.
10
(7) In February 2014, the Government of
11
Uganda adopted a law that makes ‘‘aggravated ho-
12
mosexuality’’ a crime punishable with life imprison-
13
ment and endangers any individual arbitrarily found
14
to support LGBT people. Concurrently, the Govern-
15
ment of Uganda also passed laws severely limiting
16
the basic freedoms of speech and assembly for
17
LGBT citizens. While the Constitutional Court over-
18
turned this law on a technicality in August 2014,
19
leaders in Uganda have pledged to pursue similar
20
legislation, and LGBT persons continue to be sub-
21
jected to discrimination and violence.
22
(8) The Government of Gambia passed an ‘‘ag-
23
gravated homosexuality’’ law in October 2014. The
24
conditions in Gambia for LGBT persons have been
25
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•HR 590 IH
deteriorating, and there have been troubling reports
1
of LGBT individuals having been arrested and
2
threatened with torture for their sexual orientation
3
and gender identity.
4
(9) In December 2013, the Government of Ni-
5
geria adopted a law further criminalizing homosex-
6
uality. The law also criminalizes supporting LGBT
7
people in any way, endangering the neighbors,
8
friends, doctors, and landlords of LGBT people.
9
(10) The anti-homosexuality laws in Gambia,
10
Nigeria, and elsewhere not only endanger all LGBT
11
individuals in those countries, but also pose serious
12
risks for those associated with or caring for LGBT
13
people. In addition, international HIV workers could
14
be at risk since the treatment of at-risk populations
15
may constitute support for LGBT people. Studies
16
have shown that when LGBT people, especially
17
LGBT youth, face discrimination, they are less likely
18
to seek HIV testing, prevention, and treatment serv-
19
ices.
20
(11) On December 6, 2011, President Barack
21
Obama released the Presidential Memorandum—
22
International Initiatives to Advance the Human
23
Rights of Lesbian, Gay, Bisexual, and Transgender
24
Persons. The memorandum directed all Federal
25
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•HR 590 IH
agencies engaged abroad to ensure that United
1
States diplomacy and foreign assistance promote and
2
protect the human rights of LGBT persons.
3
(12) Secretary of State John Kerry announced
4
that the United States Government would review
5
United States diplomatic relationships with Nigeria
6
and Uganda in light of their recent anti-LGBT ac-
7
tions. Announcements by the Obama Administration
8
on March 23, 2014, and June 19, 2014, indicated
9
the United States Government would emphasize the
10
importance of human rights in Uganda by cutting
11
$6,400,000 in funding for the Interreligious Council
12
of Uganda because of its support for the Anti-Ho-
13
mosexuality Act, halting a survey designed to mini-
14
mize the spread of HIV/AIDS because of potential
15
harm to respondents, imposing short-term travel
16
bans on Ugandan military officials, halting some
17
joint military exercises with the Ugandan military,
18
relocating funds for a public health institute, and re-
19
stricting entry into the United States of those spe-
20
cific individuals who have committed human rights
21
violations against LGBT persons. Despite the recent
22
anti-LGBT actions by the Government of Nigeria,
23
President Obama has not conducted a similar review
24
of the United States diplomatic relationship with
25
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•HR 590 IH
that country or taken steps to emphasize the impor-
1
tance of human rights for LGBT persons there.
2
(13) In December 2013, the Supreme Court of
3
India reversed a lower court ruling and reinstated
4
the criminalization of homosexuality in the second
5
most populous nation on Earth. In April 2014, In-
6
dia’s Supreme Court recognized transgender people
7
as a third gender, improving the legal rights of
8
transgender people in that country. Given these two
9
court decisions, the degree of human rights protec-
10
tions for LGBT persons in India is uncertain.
11
(14) Removing institutionalized discrimination
12
and targeted persecution against LGBT people
13
around the world is a critical step in the promotion
14
of human rights and global health internationally.
15
(15) According to the Trans Murder Monitoring
16
Project, which monitors homicides of transgender in-
17
dividuals, 226 transgender persons were killed be-
18
tween November 2013 and November 2014 world-
19
wide. Violence against transgender individuals is
20
particularly
alarming
in
Brazil,
where
113
21
transgender individuals were murdered in the one-
22
year period from October 1, 2013, to September 30,
23
2014.
24
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•HR 590 IH
(16) According to the International Guidelines
1
on HIV/AIDS and Human Rights, as published by
2
the United Nations High Commissioner for Human
3
Rights, countries should review and reform criminal
4
laws and correctional systems to ensure that they
5
are consistent with international human rights obli-
6
gations and are not misused in the context of HIV
7
or targeted against vulnerable groups.
8
(17) For the world’s 1,800,000,000 youth, anti-
9
homosexuality laws and discrimination against
10
LGBT persons poses significant risks. LGBT youth
11
who come out to their family or community often
12
face rejection, homelessness, and limited educational
13
and economic opportunities. These factors contribute
14
to increased risks of substance abuse, suicide, and
15
HIV infection among LGBT youth.
16
(18) On September 26, 2014, the United Na-
17
tions Human Rights Council passed a resolution co-
18
sponsored by the United States that expressed con-
19
cern about discrimination and violence experienced
20
by LGBT persons around the world. Fourteen coun-
21
tries opposed the resolution, including Algeria, Bot-
22
swana, Cote d’Ivoire, Ethiopia, Gabon, Indonesia,
23
Kenya, Kuwait, Maldives, Morocco, Pakistan, Saudi
24
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•HR 590 IH
Arabia, the United Arab Emirates, and the Russian
1
Federation.
2
SEC. 4. STATEMENT OF POLICY.
3
It is the policy of the United States—
4
(1) to take effective action to prevent and re-
5
spond to discrimination and violence against all peo-
6
ple on any basis internationally, including sexual ori-
7
entation and gender identity, and that human rights
8
policy include attention to hate crimes and other dis-
9
crimination against LGBT people;
10
(2) to systematically integrate and coordinate
11
efforts to prevent and respond to discrimination and
12
violence against LGBT people internationally into
13
United States foreign policy;
14
(3) to support and build local capacity in coun-
15
tries around the world, including of governments at
16
all levels and nongovernmental organizations, to pre-
17
vent and respond to discrimination and violence
18
against LGBT people internationally;
19
(4) to consult, cooperate, coordinate, and col-
20
laborate with a wide variety of nongovernmental
21
partners with demonstrated experience in preventing
22
and responding to discrimination and violence
23
against LGBT people internationally, including
24
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•HR 590 IH
faith-based organizations and LGBT-led organiza-
1
tions;
2
(5) to employ a multisectoral approach to pre-
3
venting and responding to discrimination and vio-
4
lence against LGBT people internationally, including
5
activities in the economic, education, health, nutri-
6
tion, legal, and judicial sectors;
7
(6) to work at all levels, from the individual to
8
the family, community, local, national, and inter-
9
national levels, to prevent and respond to discrimina-
10
tion and violence against LGBT people internation-
11
ally;
12
(7) to enhance training by United States per-
13
sonnel of professional foreign military and police
14
forces and judicial officials to include appropriate
15
and thorough LGBT-specific instruction on pre-
16
venting and responding to discrimination and vio-
17
lence based on sexual orientation and gender iden-
18
tity;
19
(8) to engage non-LGBT people as allies and
20
partners, as an essential element of making sus-
21
tained reductions in discrimination and violence
22
against LGBT people;
23
(9) to require that all Federal contractors and
24
grant recipients in the United States Government’s
25
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•HR 590 IH
international programs establish appropriate policies
1
and take effective measures to ensure the protection
2
and safety of their staff and workplace, including
3
from discrimination and violence directed against
4
LGBT people and those who provide services to
5
them;
6
(10) to exert sustained international leadership
7
to prevent and respond to discrimination and vio-
8
lence against LGBT persons, including in bilateral
9
and multilateral fora;
10
(11) to fully implement and expand upon the
11
policies outlined in the Presidential Memorandum—
12
International Initiatives to Advance the Human
13
Rights of Lesbian, Gay, Bisexual, and Transgender
14
Persons;
15
(12) to ensure that international efforts to com-
16
bat HIV/AIDS take all appropriate measures to sup-
17
port at-risk communities, including LGBT persons,
18
and to create enabling legal environments for these
19
communities;
20
(13) to work with governments and nongovern-
21
mental partners around the world to develop and im-
22
plement regional strategies to decriminalize homo-
23
sexuality and to counteract the prohibition of public
24
support of the LGBT community; and
25
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•HR 590 IH
(14) to ensure that those who have a well-
1
founded fear of persecution on account of being
2
LGBT or supporting LGBT rights have the oppor-
3
tunity to seek protection in the United States.
4
SEC. 5. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBT
5
PEOPLE.
6
(a) ESTABLISHMENT.—The Secretary of State shall
7
establish in the Bureau of Democracy, Human Rights,
8
and Labor (DRL) of the Department of State a Special
9
Envoy for the Human Rights of LGBT Peoples (in this
10
section referred to as the ‘‘Special Envoy’’), who shall be
11
appointed by the President. The Special Envoy shall re-
12
port directly to the Assistant Secretary for DRL.
13
(b) PURPOSE.—In addition to the duties described in
14
subsection (c) and those duties determined by the Sec-
15
retary of State, the Special Envoy shall direct efforts of
16
the United States Government as directed by the Sec-
17
retary regarding human rights abuses against the LGBT
18
community internationally and the advancement of human
19
rights for LGBT people in United States foreign policy,
20
and shall represent the United States internationally in
21
bilateral and multilateral engagement on these matters.
22
(c) DUTIES.—
23
(1) IN GENERAL.—The Special Envoy—
24
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(A) shall direct activities, policies, pro-
1
grams, and funding relating to the human
2
rights of LGBT people and the advancement of
3
LGBT equality initiatives internationally, for all
4
bureaus and offices of the Department of State
5
and shall lead the coordination of relevant
6
international programs for all other Federal
7
agencies;
8
(B) shall represent the United States in
9
diplomatic matters relevant to the human rights
10
of LGBT people, including discrimination and
11
violence against LGBT people internationally;
12
(C) shall direct, as appropriate, United
13
States Government resources to respond to
14
needs for protection, integration, resettlement,
15
and empowerment of LGBT people in United
16
States Government policies and international
17
programs, including to prevent and respond to
18
discrimination and violence against LGBT peo-
19
ple internationally;
20
(D) shall design, support, and implement
21
activities regarding support, education, resettle-
22
ment, and empowerment of LGBT people inter-
23
nationally, including for the prevention and re-
24
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•HR 590 IH
sponse to discrimination and violence against
1
LGBT people internationally;
2
(E) shall lead interagency coordination be-
3
tween the foreign policy priorities related to the
4
human rights of LGBT people and the develop-
5
ment assistance priorities of the LGBT Coordi-
6
nator of the United States Agency for Inter-
7
national Development;
8
(F) shall conduct regular consultation with
9
civil society organizations working to prevent
10
and respond to discrimination and violence
11
against LGBT people internationally;
12
(G) shall ensure that programs, projects,
13
and activities designed to prevent and respond
14
to discrimination and violence against LGBT
15
people are subject to rigorous monitoring and
16
evaluation, and that there is a uniform set of
17
indicators and standards for such monitoring
18
and evaluation that is used across international
19
programs in Federal agencies;
20
(H) shall serve as the principal advisor to
21
the Secretary of State regarding human rights
22
for LGBT people internationally; and
23
(I) is authorized to represent the United
24
States in diplomatic and multilateral situations
25
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on matters relevant to the human rights of
1
LGBT people, including discrimination and vio-
2
lence against LGBT people internationally.
3
(2) DATA
REPOSITORY.—The Bureau of De-
4
mocracy, Human Rights, and Labor shall—
5
(A) be the central repository of data on all
6
United States programs, projects, and activities
7
that relate to prevention and response to dis-
8
crimination and violence against LGBT people;
9
and
10
(B) produce—
11
(i) a full accounting of United States
12
Government spending on such programs,
13
projects, and activities; and
14
(ii) evaluations of the effectiveness of
15
implemented programs.
16
SEC. 6. BRIEFINGS AND ASSESSMENTS.
17
Not later than 180 days after the date of the enact-
18
ment of this Act, and annually thereafter, the Special
19
Envoy shall brief the appropriate congressional commit-
20
tees on the status of the human rights of LGBT people
21
internationally, as well as the status of programs and re-
22
sponse strategies to address LGBT discrimination and vi-
23
olence against LGBT people internationally, and shall
24
submit to the appropriate congressional committees an as-
25
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sessment of human and financial resources necessary to
1
fulfill the purposes and duties of this Act.
2
SEC. 7. UNITED STATES POLICY TO PREVENT AND RE-
3
SPOND TO DISCRIMINATION AND VIOLENCE
4
AGAINST LGBT PEOPLE GLOBALLY.
5
(a) GLOBAL STRATEGY REQUIREMENT.—Not later
6
than 180 days after the date of the enactment of this Act,
7
and annually thereafter for five years, the Special Envoy
8
shall develop or update a United States global strategy
9
to prevent and respond to discrimination and violence
10
against LGBT people globally. The strategy shall be
11
transmitted to the appropriate congressional committees
12
and, if practicable, made available to the public.
13
(b) INITIAL STRATEGY.—For the purposes of this
14
section, the Presidential Memorandum—International Ini-
15
tiatives to Advance the Human Rights of Lesbian, Gay,
16
Bisexual, and Transgender Persons, issued December 6,
17
2011, shall be deemed to fulfill the initial requirement of
18
subsection (a).
19
(c) REPORTING.—In accordance with paragraph (13)
20
of section 116(d) of the Foreign Assistance Act of 1961
21
(22 U.S.C. 2151n(d)), as added by section 9(b), the An-
22
nual Report on Human Rights Practices shall include de-
23
tailed descriptions of nations that have adopted laws or
24
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•HR 590 IH
constitutional provisions that discriminate against LGBT
1
people.
2
(d) COLLABORATION AND COORDINATION.—In devel-
3
oping the strategy under subsection (a), the Special Envoy
4
shall consult with—
5
(1) mid- and high-level officials of relevant Fed-
6
eral agencies; and
7
(2) representatives of civil society, multilateral,
8
and private sector organizations with demonstrated
9
experience in addressing discrimination and violence
10
against LGBT people or promoting equal rights for
11
LGBT people internationally.
12
SEC. 8. IMPLEMENTATION OF THE UNITED STATES STRAT-
13
EGY TO PREVENT AND RESPOND TO LGBT
14
DISCRIMINATION AND VIOLENCE AGAINST
15
THE LGBT COMMUNITY GLOBALLY.
16
The Secretary of State and the Administrator of the
17
United States Agency for International Development are
18
authorized to provide assistance to prevent and respond
19
to discrimination and violence against LGBT people inter-
20
nationally, including the following activities:
21
(1) Development and implementation of pro-
22
grams, such as the Global Equality Fund, that re-
23
spond to human rights abuses and economic exclu-
24
sion of LGBT people in the workplace and in public.
25
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(2) Development and enforcement of civil and
1
criminal legal and judicial sanctions, protection,
2
training, and capacity.
3
(3) Enhancement of the health sector capacity
4
to detect, prevent, and respond to violence against
5
the LGBT community and to combat HIV/AIDS in
6
the LGBT community internationally, in close co-
7
ordination with the Office of the Global AIDS Coor-
8
dinator.
9
(4) Development of a leadership program for
10
international LGBT activists that will foster collabo-
11
ration and knowledge sharing across the world.
12
SEC. 9. MONITORING THE UNITED STATES STRATEGY TO
13
PREVENT AND RESPOND TO DISCRIMINA-
14
TION AND VIOLENCE AGAINST THE LGBT
15
COMMUNITY GLOBALLY.
16
(a) IN GENERAL.—In each strategy submitted under
17
section 7(a), the Special Envoy shall include an analysis
18
of best practices for preventing and addressing discrimina-
19
tion and violence against LGBT people internationally,
20
which shall include—
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(1) a description of successful efforts by foreign
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governments, multilateral institutions, nongovern-
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mental organizations, educational organizations, and
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faith-based organizations in preventing and respond-
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•HR 590 IH
ing to discrimination and violence against LGBT
1
people;
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(2) recommendations related to best practices,
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effective strategies, and improvements to enhance
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the impact of prevention and response efforts; and
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(3) the impact of activities funded by the strat-
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egy in preventing and reducing discrimination and
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violence against LGBT people internationally.
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(b) INFORMATION REQUIRED TO BE INCLUDED IN
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HUMAN RIGHTS PRACTICES REPORT.—Section 116(d)
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(22 U.S.C. 2151n(d)) of the Foreign Assistance Act of
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1961 is amended—
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(1) in paragraph (11)(C), by striking ‘‘; and’’
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and inserting a semicolon;
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(2) in paragraph (12)(C)(ii), by striking the pe-
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riod at the end and inserting ‘‘; and’’; and
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(3) by adding at the end the following new
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paragraph:
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‘‘(13) wherever applicable, the nature and ex-
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tent of discrimination and violence based on sexual
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orientation and gender identity.’’.
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Æ
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