Text of US HB 6033 (2018)

I 115TH CONGRESS 2D SESSION H. R. 6033 To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTI Peoples, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 7, 2018 Mr. LOWENTHAL (for himself, Mr. BEYER, Mr. BLUMENAUER, Mr. BRADY of Pennsylvania, Mr. CARTWRIGHT, Mr. CICILLINE, Ms. CLARK of Massa- chusetts, Ms. CLARKE of New York, Mr. COHEN, Mrs. WATSON COLE- MAN, Mr. CONNOLLY, Mr. CRIST, Ms. JUDY CHU of California, Ms. DEGETTE, Ms. DELBENE, Mr. DESAULNIER, Mr. DEUTCH, Mrs. DIN- GELL, Mr. ENGEL, Mr. ESPAILLAT, Ms. ESTY of Connecticut, Mr. GALLEGO, Mr. GRIJALVA, Mr. GUTIE´RREZ, Mr. HASTINGS, Mr. HECK, Mr. HIGGINS of New York, Mr. HIMES, Ms. NORTON, Ms. JACKSON LEE, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Mr. KHANNA, Mr. KILMER, Ms. LEE, Ms. LOFGREN, Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MOULTON, Mr. NADLER, Mr. PALLONE, Mr. PANETTA, Mr. PAYNE, Mr. PETERS, Mr. POCAN, Mr. RASKIN, Miss RICE of New York, Mr. RUSH, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. WASSERMAN SCHULTZ, Ms. SHEA-PORTER, Mr. SHERMAN, Ms. SINEMA, Mr. SMITH of Washington, Mr. SCOTT of Virginia, Mr. SOTO, Ms. SPEIER, Mr. TAKANO, Ms. TITUS, Mr. TONKO, Ms. TSONGAS, and Mr. YARMUTH) 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 LGBTI Peoples, and for other purposes. VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 2 •HR 6033 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘International Human 4 Rights Defense Act of 2018’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES.—The term ‘‘appropriate congressional com- 9 mittees’’ means— 10 (A) the Committee on Foreign Relations 11 and the Committee on Appropriations of the 12 Senate; and 13 (B) the Committee on Foreign Affairs and 14 the Committee on Appropriations of the House 15 of Representatives. 16 (2) GENDER IDENTITY.—The term ‘‘gender 17 identity’’ means the gender-related identity, appear- 18 ance, or mannerisms or other gender-related charac- 19 teristics of an individual, regardless of the individ- 20 ual’s designated sex at birth. 21 (3) LGBTI.—The term ‘‘LGBTI’’ means les- 22 bian, gay, bisexual, transgender, or intersex. 23 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 3 •HR 6033 IH (4) SEXUAL ORIENTATION.—The term ‘‘sexual 1 orientation’’ means actual or perceived homosex- 2 uality, heterosexuality, or bisexuality. 3 (5) INTERSEX.—The term ‘‘intersex’’ means in- 4 dividuals born with sex characteristics (including 5 genitals, gonads, or chromosome patterns) that vary 6 from typical binary notions of male or female bodies 7 and is an umbrella term used to describe a wide 8 range of natural bodily variations. 9 (6) SEX CHARACTERISTICS.—The term ‘‘sex 10 characteristics’’ means the chromosomal, gonadal, or 11 anatomical features of a person, including— 12 (A) primary characteristics, such as repro- 13 ductive organs and genitalia, chromosomal 14 structures, or hormones; and 15 (B) secondary characteristics, such as 16 muscle mass, hair distribution, breasts, or 17 structure. 18 SEC. 3. FINDINGS. 19 Congress makes the following findings: 20 (1) Around the world, LGBTI people face vio- 21 lence, discrimination, hatred, and bigotry. 22 (2) Seventy-five countries criminalize same-sex 23 relations or prohibit the public support of the 24 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 4 •HR 6033 IH LGBTI community. That is equal to nearly 40 per- 1 cent of United Nations member states. 2 (3) In several countries, homosexuality is a 3 crime that is punishable by death. 4 (4) Intersex people experience prejudice and 5 discrimination because their bodies do not conform 6 to other people’s expectations about sex and gender, 7 including the common performance of medically un- 8 necessary surgeries without the consent or approval 9 of intersex individuals. 10 (5) Violence and discrimination based on sexual 11 orientation and gender identity are documented in 12 the Department of State’s annual Human Rights 13 Report to Congress. The 2016 report continues to 14 show a clear pattern of human rights violations in 15 every region of the world based on sexual orientation 16 and gender identity. These violations include mur- 17 der, rape, torture, death threats, extortion, and im- 18 prisonment, as well as loss of employment, housing, 19 access to health care, and other forms of societal 20 stigma and discrimination. The report further docu- 21 ments LGBTI-specific restrictions on basic freedoms 22 of assembly, press, and speech in every region of the 23 world. 24 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 5 •HR 6033 IH (6) In Jamaica and other countries, discrimina- 1 tion against LGBTI people, including ‘‘corrective 2 rape’’ of lesbian women, occurs all too frequently 3 and with relative impunity. 4 (7) In 2013, the Russian Duma passed a law 5 banning so-called ‘‘homosexual propaganda’’, which 6 effectively makes it a crime to publicly support 7 LGBTI equality or even discuss homosexuality. This 8 pernicious law is the basis for similar so-called 9 ‘‘antipropaganda’’ legislation in countries across 10 Eastern Europe and Central Asia, including in 11 Moldova, Kyrgyzstan, and Belarus. 12 (8) In December 2013, the Government of Ni- 13 geria adopted a law that further criminalized same- 14 sex relations and support for LGBTI people, endan- 15 gering neighbors, friends, doctors, and landlords of 16 LGBTI people. 17 (9) Several countries in South Asia continue to 18 have draconian laws that criminalize homosexual 19 acts which place LGBTI people in danger and un- 20 dermines their ability to live free from persecution. 21 (10) In April 2014, the Supreme Court of India 22 recognized transgender people as a third gender, im- 23 proving the legal rights of transgender people in that 24 country. Though an important step, the decision 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 6 •HR 6033 IH does not grant full legal rights to transgender peo- 1 ple. 2 (11) In February 2014, the Government of 3 Uganda adopted a law making ‘‘aggravated homo- 4 sexuality’’ a crime punishable with life imprisonment 5 and concurrently, the Government of Uganda also 6 passed laws severely limiting the basic freedoms of 7 speech and assembly for LGBTI citizens. While the 8 Constitutional Court overturned the Anti-Homosex- 9 uality Act on a technicality in August 2014, LGBTI 10 Ugandans continue to be subjected to discrimination 11 and violence, and their government has in recent 12 years forcibly shut down even private Pride celebra- 13 tions in Kampala. 14 (12) On April 1, 2017, the Russian newspaper 15 Novaya Gazeta reported that the government of the 16 autonomous republic of Chechnya had been arrest- 17 ing, detaining, and torturing gay and bisexual men 18 in secret prisons since early 2017. International 19 human rights groups and Russian LGBTI rights ac- 20 tivists estimate that as many as 20 people may have 21 been murdered thus far and potentially over 200 22 people were detained during the purge. 23 (13) On May 23, 2017, two gay men were pub- 24 licly caned in the Indonesian province of Aceh, while 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 7 •HR 6033 IH thousands of spectators snapped pictures outside a 1 mosque as the brutal punishment was meted out. 2 Several times in 2017, Indonesian police have ar- 3 rested men at private parties, sometimes releasing 4 their photographs to the news media, endangering 5 their lives. 6 (14) In September 2017, reports emerged from 7 Azerbaijan that authorities had begun a crackdown 8 on gay men and transgender women, arresting more 9 than 60 and subjecting them to beatings, harass- 10 ment, torture, and blackmail. 11 (15) In September 2017, Egyptian authorities 12 arrested seven people for the ‘‘crime’’ of raising a 13 rainbow flag at a concert in Cairo in September 14 2017, leading to a wider crackdown on LGBTI 15 Egyptians. 16 (16) From September 2017 until the end of the 17 year, over 70 LGBTI Egyptians were arrested, with 18 dozens receiving prison sentences of up to 6 years. 19 In late 2017, Egyptian authorities instructed local 20 media to delete any positive references to LGBTI 21 people, and lawmakers proposed a bill that would 22 criminalize LGBTI people and their allies. 23 (17) Anti-LGBTI laws not only endanger all 24 LGBTI individuals, but also pose serious risks for 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 8 •HR 6033 IH those associated with or caring for LGBTI people. 1 Studies have shown that when LGBTI people, espe- 2 cially LGBTI youth, face discrimination, they are 3 less likely to seek HIV testing, prevention, and 4 treatment services. 5 (18) According to the Trans Murder Monitoring 6 Project, which monitors homicides of transgender in- 7 dividuals, 2,343 transgender and gender-diverse peo- 8 ple were murdered between 2008 and 2016, in 69 9 countries. Violence against transgender individuals is 10 particularly alarming in Brazil, where 938 11 transgender individuals were murdered during this 12 time span. 13 (19) According to the International Guidelines 14 on HIV/AIDS and Human Rights, as published by 15 the United Nations High Commissioner for Human 16 Rights, and according to the July 2017 report of the 17 Independent Expert on protection against violence 18 and discrimination based on sexual orientation and 19 gender identity, countries should review and reform 20 criminal laws and correctional systems to ensure 21 that they are consistent with international human 22 rights obligations and are not misused or targeted 23 against vulnerable groups. 24 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 9 •HR 6033 IH (20) Removing institutionalized discrimination 1 and targeted persecution against LGBTI people 2 around the world is a critical step in the promotion 3 of human rights and global health internationally. 4 (21) Anti-LGBTI laws and discrimination pose 5 significant risks for LGBTI youth who come out to 6 their family or community and often face rejection, 7 homelessness, and limited educational and economic 8 opportunities. These factors contribute to increased 9 risks of substance abuse, suicide, and HIV infection 10 among LGBTI youth. 11 (22) On December 6, 2011, President Barack 12 Obama released the Presidential Memorandum— 13 International Initiatives to Advance the Human 14 Rights of Lesbian, Gay, Bisexual, and Transgender 15 Persons. The memorandum directed all Federal 16 agencies engaged abroad to ensure that United 17 States diplomacy and foreign assistance promote and 18 protect the human rights of LGBTI persons. 19 (23) On February 23, 2015, Secretary of State 20 John Kerry appointed senior diplomat Randy Berry 21 as the State Department’s first-ever Special Envoy 22 for the Human Rights of LGBTI Persons. 23 (24) On June 30, 2016, the United Nations 24 Human Rights Council passed a resolution cospon- 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 10 •HR 6033 IH sored by the United States that established an inde- 1 pendent expert on violence and discrimination based 2 on sexual orientation and gender identity to help 3 monitor and track discrimination and violence expe- 4 rienced by LGBTI persons around the world. 5 (25) In November 2016, Tanzania placed a ban 6 on all HIV and AIDS outreach projects aimed at 7 gay men, including those funded by the President’s 8 Emergency Plan for AIDS Relief. This forced the 9 closure of United States-funded programs providing 10 testing, condoms, and care to gay men, exacerbating 11 the health needs of gay men in Tanzania, about 30 12 percent of whom are HIV positive. 13 (26) In February 2017, three transgender 14 women were murdered in El Salvador with impunity, 15 leading the United Nations to call for an investiga- 16 tion into crimes against sexual and gender minorities 17 in that country. A 2016 report noted that 18 transgender women in El Salvador have an average 19 life expectancy of less than 35 years due to violence, 20 discrimination, and femicide. 21 SEC. 4. STATEMENT OF POLICY. 22 It is the policy of the United States— 23 (1) to take effective action to prevent and re- 24 spond to discrimination and violence against all peo- 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 11 •HR 6033 IH ple on any basis internationally, including sexual ori- 1 entation, gender identity, and sex characteristics, 2 and that human rights policy includes attention to 3 criminalization, hate crimes, and other discrimina- 4 tion against LGBTI people; 5 (2) to systematically integrate and coordinate 6 into United States foreign policy efforts to prevent 7 and respond to criminalization, discrimination, and 8 violence against LGBTI people internationally; 9 (3) to support and build local capacity in coun- 10 tries around the world, including of governments at 11 all levels and nongovernmental organizations, to pre- 12 vent and respond to criminalization, discrimination, 13 and violence against LGBTI people internationally; 14 (4) to consult, cooperate, coordinate, and col- 15 laborate with a wide variety of nongovernmental 16 partners, including faith-based organizations and 17 LGBTI-led organizations, with demonstrated experi- 18 ence in preventing and responding to criminalization, 19 discrimination, and violence against LGBTI people 20 internationally; 21 (5) to employ a multisectoral approach to pre- 22 venting and responding to criminalization, discrimi- 23 nation, and violence against LGBTI people inter- 24 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 12 •HR 6033 IH nationally, including activities in the economic, edu- 1 cation, health, nutrition, legal, and judicial sectors; 2 (6) to work at all levels, from the individual to 3 the family, community, local, national, and inter- 4 national levels, to prevent and respond to criminal- 5 ization, discrimination, and violence against LGBTI 6 people internationally; 7 (7) to enhance training by United States per- 8 sonnel of professional foreign military and police 9 forces and judicial officials to include appropriate 10 and thorough LGBTI-specific instruction on pre- 11 venting and responding to criminalization, discrimi- 12 nation, and violence based on sexual orientation and 13 gender identity; 14 (8) to engage non-LGBTI people as allies and 15 partners, as an essential element of making sus- 16 tained reductions in criminalization, discrimination, 17 and violence against LGBTI people internationally; 18 (9) to require that all Federal contractors and 19 grant recipients in the United States Government’s 20 international programs establish appropriate policies 21 and take effective measures to ensure the protection 22 and safety of their staff and workplace, including 23 from discrimination and violence directed against 24 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 13 •HR 6033 IH LGBTI people and those who provide services to 1 them; 2 (10) to exert sustained international leadership, 3 including in bilateral and multilateral fora, to pre- 4 vent and respond to criminalization, discrimination, 5 and violence against LGBTI people internationally; 6 (11) to fully implement and expand upon the 7 policies outlined in the Presidential Memorandum— 8 International Initiatives to Advance the Human 9 Rights of Lesbian, Gay, Bisexual, and Transgender 10 Persons; 11 (12) to ensure that international efforts to com- 12 bat HIV/AIDS take all appropriate measures to sup- 13 port at-risk communities, including LGBTI people, 14 and to create enabling legal environments for these 15 communities; 16 (13) to work with governments and nongovern- 17 mental partners around the world to develop and im- 18 plement regional strategies to decriminalize homo- 19 sexuality and to counteract the prohibition of public 20 support of LGBTI people; and 21 (14) to ensure that those who have a well- 22 founded fear of persecution on account of being 23 LGBTI or supporting LGBTI rights have the oppor- 24 tunity to seek protection in the United States. 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 14 •HR 6033 IH SEC. 5. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBTI 1 PEOPLE. 2 (a) ESTABLISHMENT.—The Secretary of State shall 3 establish in the Bureau of Democracy, Human Rights, 4 and Labor (DRL) of the Department of State a perma- 5 nent Special Envoy for the Human Rights of LGBTI Peo- 6 ples (in this section referred to as the ‘‘Special Envoy’’), 7 who shall be appointed by the President. The Special 8 Envoy shall report directly to the Assistant Secretary for 9 DRL. 10 (b) PURPOSE.—In addition to the duties described in 11 subsection (c) and those duties determined by the Sec- 12 retary of State, the Special Envoy shall direct efforts of 13 the United States Government relating to United States 14 foreign policy, as directed by the Secretary, regarding 15 human rights abuses against LGBTI people and commu- 16 nities internationally and the advancement of human 17 rights for LGBTI people, and shall represent the United 18 States internationally in bilateral and multilateral engage- 19 ment on such matters. 20 (c) DUTIES.— 21 (1) IN GENERAL.—The Special Envoy— 22 (A) shall serve as the principal advisor to 23 the Secretary of State regarding human rights 24 for LGBTI people internationally; 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 15 •HR 6033 IH (B) shall, notwithstanding any other provi- 1 sion of law, direct activities, policies, programs, 2 and funding relating to the human rights of 3 LGBTI people and the advancement of LGBTI 4 equality initiatives internationally, for all bu- 5 reaus and offices of the Department of State 6 and shall lead the coordination of relevant 7 international programs for all other Federal 8 agencies relating to such matters; 9 (C) shall represent the United States in 10 diplomatic matters relevant to the human rights 11 of LGBTI people, including criminalization, dis- 12 crimination, and violence against LGBTI people 13 internationally; 14 (D) shall direct, as appropriate, United 15 States Government resources to respond to 16 needs for protection, integration, resettlement, 17 and empowerment of LGBTI people in United 18 States Government policies and international 19 programs, including to prevent and respond to 20 criminalization, discrimination, and violence 21 against LGBTI people internationally; 22 (E) shall design, support, and implement 23 activities regarding support, education, resettle- 24 ment, and empowerment of LGBTI people 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 16 •HR 6033 IH internationally, including for the prevention and 1 response to criminalization, discrimination, and 2 violence against LGBTI people internationally; 3 (F) shall lead interagency coordination be- 4 tween the foreign policy priorities related to the 5 human rights of LGBTI people and the devel- 6 opment assistance priorities of the LGBTI Co- 7 ordinator of the United States Agency for 8 International Development; 9 (G) shall conduct regular consultation with 10 nongovernmental organizations working to pre- 11 vent and respond to criminalization, discrimina- 12 tion, and violence against LGBTI people inter- 13 nationally; 14 (H) shall ensure that programs, projects, 15 and activities of the Department of State and 16 the United States Agency for International De- 17 velopment designed to prevent and respond to 18 criminalization, discrimination, and violence 19 against LGBTI people internationally are sub- 20 ject to rigorous monitoring and evaluation, and 21 that there is a uniform set of indicators and 22 standards for such monitoring and evaluation 23 that is used across international programs in 24 Federal agencies; and 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 17 •HR 6033 IH (I) is authorized to represent the United 1 States in bilateral and multilateral fora on mat- 2 ters relevant to the human rights of LGBTI 3 people internationally, including criminalization, 4 discrimination, and violence against LGBTI 5 people internationally. 6 (2) DATA REPOSITORY.—The Bureau of De- 7 mocracy, Human Rights, and Labor shall— 8 (A) be the central repository of data on all 9 United States programs, projects, and activities 10 that relate to prevention and response to crim- 11 inalization, discrimination, and violence against 12 LGBTI people internationally; and 13 (B) produce— 14 (i) a full accounting of United States 15 Government spending on such programs, 16 projects, and activities; and 17 (ii) evaluations of the effectiveness of 18 such programs, projects, and activities. 19 (d) BRIEFINGS AND ASSESSMENTS.—Not later than 20 180 days after the date of the enactment of this Act and 21 annually thereafter, the Special Envoy shall— 22 (1) brief the appropriate congressional commit- 23 tees on the status of the human rights of LGBTI 24 people internationally, as well as on the status of 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 18 •HR 6033 IH programs and response strategies to address crim- 1 inalization, discrimination, and violence against 2 LGBTI people internationally; and 3 (2) submit to the appropriate congressional 4 committees an assessment of human and financial 5 resources necessary to fulfill the purposes and duties 6 of this Act. 7 (e) UNITED STATES POLICY TO PREVENT AND RE- 8 SPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIO- 9 LENCE AGAINST LGBTI PEOPLE GLOBALLY.— 10 (1) GLOBAL STRATEGY REQUIREMENT.—Not 11 later than 180 days after the date of the enactment 12 of this Act and annually thereafter for each of the 13 following five years, the Special Envoy shall develop 14 or update, as the case may be, a United States glob- 15 al strategy to prevent and respond to criminaliza- 16 tion, discrimination, and violence against LGBTI 17 people internationally. The Special Envoy shall sub- 18 mit to the appropriate congressional committees 19 such global strategy and, if practicable, made such 20 global strategy available to the public. 21 (2) COLLABORATION AND COORDINATION.—In 22 developing the global strategy described in para- 23 graph (1), the Special Envoy shall consult with— 24 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 19 •HR 6033 IH (A) mid- and high-level officials of relevant 1 Federal agencies; and 2 (B) representatives of nongovernmental or- 3 ganizations with demonstrated experience in ad- 4 dressing criminalization, discrimination, and vi- 5 olence against LGBTI people internationally or 6 promoting equal rights for LGBTI people inter- 7 nationally. 8 (f) MONITORING THE UNITED STATES STRATEGY TO 9 PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMI- 10 NATION, AND VIOLENCE AGAINST THE LGBTI PEOPLE 11 AND COMMUNITIES INTERNATIONALLY.— 12 (1) IN GENERAL.—In each global strategy sub- 13 mitted under subsection (e), the Special Envoy shall 14 include an analysis of best practices for preventing 15 and addressing criminalization, discrimination, and 16 violence against LGBTI people and communities 17 internationally, including— 18 (A) a description of successful efforts by 19 foreign governments and nongovernmental or- 20 ganizations to prevent and respond to criminal- 21 ization, discrimination, and violence against 22 LGBTI people and communities internationally; 23 (B) recommendations related to best prac- 24 tices, effective strategies, and improvements to 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 20 •HR 6033 IH enhance the impact of such prevention and re- 1 sponse efforts; and 2 (C) the impact of activities funded by such 3 global strategy in preventing and reducing 4 criminalization, discrimination, and violence 5 against LGBTI people and communities inter- 6 nationally. 7 (2) INFORMATION REQUIRED TO BE INCLUDED 8 IN ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 9 PRACTICES.— 10 (A) SECTION 116.—Subsection (d) of sec- 11 tion 116 of the Foreign Assistance Act of 1961 12 (22 U.S.C. 2151n) is amended— 13 (i) in paragraph (11)(C), by striking 14 ‘‘and’’ after the semicolon at the end; 15 (ii) in paragraph (12)(C)(ii), by strik- 16 ing the period at the end and inserting ‘‘; 17 and’’; and 18 (iii) by adding at the end the fol- 19 lowing new paragraph: 20 ‘‘(13) wherever applicable, the nature and ex- 21 tent of criminalization, discrimination, and violence 22 based on sexual orientation and gender identity, in- 23 cluding an identification of those countries that have 24 adopted laws or constitutional provisions that crim- 25 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 21 •HR 6033 IH inalize or discriminate based on sexual orientation or 1 gender identity (as such terms are defined in section 2 2 of the International Human Rights Defense Act of 3 2018), including detailed descriptions of such laws 4 and provisions.’’. 5 (B) SECTION 502B.—Section 502B of the 6 Foreign Assistance Act of 1961 (22 U.S.C. 7 2304) is amended— 8 (i) by redesignating the second sub- 9 section (i) (relating to child marriage sta- 10 tus) as subsection (j); and 11 (ii) by adding at the end the following 12 new subsection: 13 ‘‘(k) SEXUAL ORIENTATION AND GENDER IDEN- 14 TITY.—The report required under subsection (b) shall in- 15 clude, wherever applicable, the nature and extent of crim- 16 inalization, discrimination, and violence based on sexual 17 orientation and gender identity, including an identification 18 of those countries that have adopted laws or constitutional 19 provisions that criminalize or discriminate based on sexual 20 orientation or gender identity (as such terms are defined 21 in section 2 of the International Human Rights Defense 22 Act of 2018), including detailed descriptions of such laws 23 and provisions.’’. 24 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 22 •HR 6033 IH SEC. 6. IMPLEMENTATION OF THE UNITED STATES STRAT- 1 EGY TO PREVENT AND RESPOND TO CRIM- 2 INALIZATION, DISCRIMINATION, AND VIO- 3 LENCE AGAINST LGBTI PEOPLE AND COMMU- 4 NITIES INTERNATIONALLY. 5 The Secretary of State and the Administrator of the 6 United States Agency for International Development are 7 authorized to provide assistance to prevent and respond 8 to criminalization, discrimination, and violence against 9 LGBTI people internationally. Such assistance may in- 10 clude the following activities: 11 (1) Development and implementation of pro- 12 grams, such as the Global Equality Fund of the De- 13 partment of State, that respond to human rights 14 abuses and economic exclusion of LGBTI people in 15 the workplace and in public. 16 (2) Development and enforcement of civil and 17 criminal legal and judicial sanctions, protection, 18 training, and capacity. 19 (3) Enhancement of health sector capacity to 20 detect, prevent, and respond to violence against 21 LGBTI people and communities internationally, and 22 to combat HIV/AIDS in the LGBTI community 23 internationally, in close coordination with the Office 24 of the Global AIDS Coordinator and Health Diplo- 25 macy of the Department of State. 26 VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS 23 •HR 6033 IH (4) Development of a leadership program for 1 international LGBTI activists that will foster col- 2 laboration and knowledge sharing across the world. 3 Æ VerDate Sep 11 2014 22:07 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6301 E:\BILLS\H6033.IH H6033 amozie on DSK3GDR082PROD with BILLS