Text of US SB 1996 (2021)

II 117TH CONGRESS 1ST SESSION S. 1996 To protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 9, 2021 Mr. MARKEY (for himself, Mrs. SHAHEEN, Mr. MERKLEY, Mr. LEAHY, Mr. VAN HOLLEN, Mr. BLUMENTHAL, Mr. WYDEN, Mr. CARDIN, Mr. DUR- BIN, Mr. BOOKER, Mr. MURPHY, Ms. KLOBUCHAR, Mr. PADILLA, Mr. WHITEHOUSE, Mr. SCHATZ, Mr. CASEY, Mr. COONS, Ms. BALDWIN, Mrs. MURRAY, Ms. STABENOW, Ms. SMITH, Ms. ROSEN, and Mr. KAINE) in- troduced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations 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 TITLES; TABLE OF CONTENTS. 3 (a) SHORT TITLES.—This Act may be cited as the 4 ‘‘Greater Leadership Overseas for the Benefit of Equality 5 Act of 2021’’ or the ‘‘GLOBE Act of 2021’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 2 •S 1996 IS Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad. Sec. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people. Sec. 6. Combating international criminalization of LGBTQI status, expression, or conduct. Sec. 7. Foreign assistance to protect human rights of LGBTQI people. Sec. 8. Global health inclusivity. Sec. 9. Immigration reform. Sec. 10. Issuance of passports and guarantee of citizenship to certain children born abroad. Sec. 11. Engaging international organizations in the fight against LGBTQI discrimination. Sec. 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts. SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The norms of good governance, human 3 rights protections, and the rule of law have been vio- 4 lated unconscionably with respect to LGBTQI people 5 in an overwhelming majority of countries around the 6 world, where LGBTQI people face violence, hatred, 7 bigotry, and discrimination because of who they are 8 and who they love. 9 (2) In at least 68 countries (almost 40 percent 10 of countries in the world), same-sex relations and re- 11 lationships are criminalized. Many countries also 12 criminalize or otherwise prohibit cross-dressing and 13 gender-affirming treatments for transgender individ- 14 uals. 15 (3) The World Bank has begun to measure the 16 macro-economic costs of criminal laws targeting 17 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 3 •S 1996 IS LGBTQI individuals through lost productivity, detri- 1 mental health outcomes and violence, as a step to- 2 ward mitigating those costs. 3 (4) Violence and discrimination based on sexual 4 orientation and gender identity are documented in 5 the Department of State’s annual Country Human 6 Rights Reports to Congress. These reports continue 7 to show a clear pattern of human rights violations, 8 including murder, rape, torture, death threats, extor- 9 tion, and imprisonment, in every region of the world 10 based on sexual orientation and gender identity. In 11 many instances police, prison, military, and civilian 12 government authorities have been directly complicit 13 in abuses aimed at LGBTQI citizens. 14 (5) As documented by the Department of State, 15 LGBTQI individuals are subjected in many coun- 16 tries to capricious imprisonment, loss of employ- 17 ment, housing, access to health care, and societal 18 stigma and discrimination. LGBTQI-specific restric- 19 tions on basic freedoms of assembly, press, and 20 speech exist in every region of the world. 21 (6) Targeted sanctions are an important tool to 22 push for accountability for violations of the human 23 rights of LGBTQI people. 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 4 •S 1996 IS (7) Anti-LGBTQI laws and discrimination pose 1 significant risks for LGBTQI youth who come out to 2 their family or community and often face rejection, 3 homelessness, and limited educational and economic 4 opportunities. These factors contribute to increased 5 risks of substance abuse, suicide, and HIV infection 6 among LGBTQI youth. 7 (8) Anti-LGBTQI laws also increase global 8 health risks. Studies have shown that when 9 LGBTQI people (especially LGBTQI youth) face 10 discrimination, they are less likely to seek HIV test- 11 ing, prevention, and treatment services. 12 (9) LGBTQI populations are disproportionately 13 impacted by the Mexico City Policy, also widely re- 14 ferred to as the ‘‘global gag rule’’. LGBTQI people 15 often receive much of their health care through re- 16 productive health clinics, and organizations that can- 17 not comply with the policy are forced to discontinue 18 work on United States-supported global health 19 projects that are frequently used by LGBTQI popu- 20 lations, including HIV prevention and treatment, 21 stigma reduction, and research. 22 (10) Because they face tremendous discrimina- 23 tion in the formal labor sector, many sex workers 24 are also LGBTQI individuals, and many sex-worker- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 5 •S 1996 IS led programs and clinics serve the LGBTQI commu- 1 nity with safe, non-stigmatizing, medical and social 2 care. The United States Agency for International 3 Development has also referred to sex workers as a 4 ‘‘most-at-risk population’’. The anti-prostitution loy- 5 alty oath that health care providers receiving United 6 States assistance must take isolates sex-worker-led 7 and serving groups from programs and reinforces 8 stigma, undermining both the global AIDS response 9 and human rights. A 2013 Supreme Court opinion 10 held this requirement to be unconstitutional as it ap- 11 plies to United States nongovernmental organiza- 12 tions and their foreign affiliates. 13 (11) According to the Trans Murder Monitoring 14 Project, which monitors homicides of transgender in- 15 dividuals, there were at least 350 cases of reported 16 killings of trans and gender-diverse people between 17 October 2019 and September 2020. 18 (12) In many countries, intersex individuals ex- 19 perience prejudice and discrimination because their 20 bodies do not conform to general expectations about 21 sex and gender. Because of these expectations, medi- 22 cally unnecessary interventions are often performed 23 in infancy without the consent or approval of 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 6 •S 1996 IS intersex individuals, in violation of international 1 human rights standards. 2 (13) Asylum and refugee protection are critical 3 last-resort protections for LGBTQI individuals, but 4 those who seek such protections face ostracization 5 and abuse in refugee camps and detention facilities. 6 They are frequently targeted for violence, including 7 sexual assault, in refugee camps and in immigration 8 detention. LGBTQI individuals may be segregated 9 against their will for long periods in solitary confine- 10 ment, in an effort to protect them from such vio- 11 lence, but prolonged solitary confinement itself rep- 12 resents an additional form of abuse that is pro- 13 foundly damaging to the social and psychological 14 well-being of any individual. 15 (14) The global COVID–19 pandemic has exac- 16 erbated inequalities faced by LGBTQI individuals, 17 including access to health care, stigma, and discrimi- 18 nation, undermining LGBTQI rights around the 19 world. 20 (15) In December 2011, President Barack 21 Obama directed all Federal foreign affairs agencies 22 to ensure that their diplomatic, humanitarian, health 23 and foreign assistance programs take into account 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 7 •S 1996 IS the needs of marginalized LGBTQI communities 1 and persons. 2 (16) In 2015, the Department of State estab- 3 lished the position of Special Envoy for the Human 4 Rights of LGBTQI Persons. 5 (17) In 2021, President Joseph Biden issued 6 the Memorandum on Advancing the Human Rights 7 of Lesbian, Gay, Bisexual, Transgender, Queer, and 8 Intersex Persons Around the World, which stated 9 that it ‘‘shall be the policy of the United States to 10 pursue an end to violence and discrimination on the 11 basis of sexual orientation, gender identity or ex- 12 pression, or sex characteristics’’ and called for 13 United States global leadership‘‘ in the cause of ad- 14 vancing the human rights of LGBTQI+ persons 15 around the world’’. 16 (18) In 2020, in Bostock v. Clayton County, 17 the Supreme Court held that Title VII of the Civil 18 Rights Act of 1964 (42 U.S.C. 2000e et seq.) pro- 19 hibits discrimination on the basis of gender identity 20 and sexual orientation. On January 20, 2021, Presi- 21 dent Biden issued Executive Order 13988 (86 Fed. 22 Reg. 7023) to enforce this holding, which orders all 23 Federal agency heads, including the Secretary of 24 State and the Administrator of the United States 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 8 •S 1996 IS Agency for International Development, to review 1 agency actions to determine what additional steps 2 should be taken to ensure that agency policies are 3 consistent with the nondiscrimination policy set 4 forth in the Executive order. 5 (19) The use of United States diplomatic tools, 6 including the Department of State’s exchange and 7 speaker programs, to address the human rights 8 needs of marginalized communities has helped in- 9 form public debates in many countries regarding the 10 protective responsibilities of any democratic govern- 11 ment. 12 (20) Inclusion of human rights protections for 13 LGBTQI individuals in United States trade agree- 14 ments, such as the Agreement between the United 15 States of America, the United Mexican States, and 16 Canada (commonly known as the ‘‘USMCA’’) and 17 trade preference programs, is intended— 18 (A) to ensure a level playing field for 19 United States businesses; and 20 (B) to provide greater workplace protec- 21 tions overseas, compatible with those of the 22 United States. 23 (21) Engaging multilateral fora and inter- 24 national institutions is critical to impacting global 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 9 •S 1996 IS norms and to broadening global commitments to 1 fairer standards for the treatment of all people, in- 2 cluding LGBTQI people. The United States must 3 remain a leader in the United Nations system and 4 has a vested interest in the success of that multilat- 5 eral engagement. 6 (22) Ongoing United States participation in the 7 Equal Rights Coalition, which is a new intergovern- 8 mental coalition of more than 40 governments and 9 leading civil society organizations that work together 10 to protect the human rights of LGBTQI people 11 around the world, remains vital to international ef- 12 forts to respond to violence and impunity. 13 (23) Those who represent the United States 14 abroad, including our diplomats, development spe- 15 cialists and military, should reflect the diversity of 16 our country and honor America’s call to equality, in- 17 cluding through proud and open service abroad by 18 LGBTQI Americans and those living with HIV. 19 SEC. 3. DEFINITIONS. 20 In this Act: 21 (1) APPROPRIATE CONGRESSIONAL COMMIT- 22 TEES.—Except as provided in section 5, the term 23 ‘‘appropriate congressional committees’’ means— 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 10 •S 1996 IS (A) the Committee on Foreign Relations of 1 the Senate; 2 (B) the Committee on the Judiciary of the 3 Senate; 4 (C) the Committee on Appropriations of 5 the Senate; 6 (D) the Committee on Foreign Affairs of 7 the House of Representatives; 8 (E) the Committee on the Judiciary of the 9 House of Representatives; and 10 (F) the Committee on Appropriations of 11 the House of Representatives. 12 (2) GENDER IDENTITY.—The term ‘‘gender 13 identity’’ means the gender-related identity, appear- 14 ance, or mannerisms or other gender-related charac- 15 teristics of an individual, regardless of the individ- 16 ual’s designated sex at birth. 17 (3) LGBTQI.—The term ‘‘LGBTQI’’ means 18 lesbian, gay, bisexual, transgender, queer, or 19 intersex. 20 (4) MEMBER OF A VULNERABLE GROUP.—The 21 term ‘‘member of a vulnerable group’’ means an 22 alien who— 23 (A) is younger than 21 years of age or 24 older than 60 years of age; 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 11 •S 1996 IS (B) is pregnant; 1 (C) identifies as lesbian, gay, bisexual, 2 transgender, or intersex; 3 (D) is victim or witness of a crime; 4 (E) has filed a nonfrivolous civil rights 5 claim in Federal or State court; 6 (F) has a serious mental or physical illness 7 or disability; 8 (G) has been determined by an asylum of- 9 ficer in an interview conducted under section 10 235(b)(1)(B) of the Immigration and Nation- 11 ality Act (8 U.S.C. 1225(b)(1)(B)) to have a 12 credible fear of persecution; or 13 (H) has been determined by an immigra- 14 tion judge or by the Secretary of Homeland Se- 15 curity, based on information obtained during in- 16 take, from the alien’s attorney or legal service 17 provider, or through credible self-reporting, to 18 be— 19 (i) experiencing severe trauma; or 20 (ii) a survivor of torture or gender- 21 based violence. 22 (5) SEXUAL ORIENTATION.—The term ‘‘sexual 23 orientation’’ means actual or perceived homosex- 24 uality, heterosexuality, or bisexuality. 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 12 •S 1996 IS SEC. 4. DOCUMENTING AND RESPONDING TO BIAS-MOTI- 1 VATED VIOLENCE AGAINST LGBTQI PEOPLE 2 ABROAD. 3 (a) INFORMATION REQUIRED TO BE INCLUDED IN 4 ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRAC- 5 TICES.— 6 (1) SECTION 116.—Section 116(d) of the For- 7 eign Assistance Act of 1961 (22 U.S.C. 2151n(d)) 8 is amended— 9 (A) in paragraph (11)(C), by striking 10 ‘‘and’’ at the end; 11 (B) in paragraph (12)(C)(ii), by striking 12 the period at the end and inserting ‘‘; and’’; 13 and 14 (C) by adding at the end the following: 15 ‘‘(13) wherever applicable, the nature and ex- 16 tent of criminalization, discrimination, and violence 17 based on sexual orientation or gender identity, in- 18 cluding the identification of countries that have 19 adopted laws or constitutional provisions that crim- 20 inalize or discriminate based on sexual orientation or 21 gender identity, including detailed descriptions of 22 such laws and provisions.’’. 23 (2) SECTION 502B.—Section 502B of the For- 24 eign Assistance Act of 1961 (22 U.S.C. 2304) is 25 amended— 26 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 13 •S 1996 IS (A) by redesignating the second subsection 1 (i) (relating to child marriage status) as sub- 2 section (j); and 3 (B) by adding at the end the following: 4 ‘‘(k) SEXUAL ORIENTATION AND GENDER IDEN- 5 TITY.—The report required under subsection (b) shall in- 6 clude, wherever applicable, the nature and extent of crim- 7 inalization, discrimination, and violence based on sexual 8 orientation or gender identity, including the identification 9 of countries that have adopted laws or constitutional pro- 10 visions that criminalize or discriminate based on sexual 11 orientation or gender identity, including detailed descrip- 12 tions of such laws and provisions.’’. 13 (b) REVIEW AT DIPLOMATIC AND CONSULAR 14 POSTS.— 15 (1) IN GENERAL.—In preparing the annual 16 country reports on human rights practices required 17 under section 116 or 502B of the Foreign Assist- 18 ance Act of 1961, as amended by subsection (a), the 19 Secretary of State shall obtain information from 20 each diplomatic and consular post with respect to— 21 (A) incidents of violence against LGBTQI 22 people in the country in which such post is lo- 23 cated; 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 14 •S 1996 IS (B) an analysis of the factors enabling or 1 aggravating such incidents, such as government 2 policy, societal pressure, or external actors; and 3 (C) the response (whether public or pri- 4 vate) of the personnel of such post with respect 5 to such incidents. 6 (2) ADDRESSING BIAS-MOTIVATED VIOLENCE.— 7 The Secretary of State shall include in the annual 8 strategic plans of the regional bureaus concrete dip- 9 lomatic strategies, programs, and policies to address 10 bias-motivated violence using information obtained 11 pursuant to paragraph (1), such as programs to 12 build capacity among civil society or governmental 13 entities to document, investigate, and prosecute in- 14 stances of such violence and provide support to vic- 15 tims of such violence. 16 (c) INTERAGENCY GROUP.— 17 (1) ESTABLISHMENT.—There is established an 18 interagency group on responses to urgent threats to 19 LGBTQI people in foreign countries (referred to in 20 this subsection as the ‘‘interagency group’’), which— 21 (A) shall be chaired by the Secretary of 22 State; and 23 (B) shall include the Secretary of Defense, 24 the Secretary of the Treasury, the Adminis- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 15 •S 1996 IS trator of the United States Agency for Inter- 1 national Development, the Attorney General, 2 and the head of each other Federal department 3 or agency that the President determines is rel- 4 evant to the duties of the interagency group. 5 (2) DUTIES.—The duties of the interagency 6 group shall be— 7 (A) to coordinate the responses of each 8 participating agency with respect to threats di- 9 rected towards LGBTQI populations in other 10 countries; 11 (B) to develop longer-term approaches to 12 policy developments and incidents negatively 13 impacting the LGBTQI populations in specific 14 countries; 15 (C) to advise the President on the designa- 16 tion of foreign persons for sanctions pursuant 17 to section 5; 18 (D) to identify United States laws and 19 policies, at the Federal, State, and local levels, 20 that affirm the equality of LGBTQI persons; 21 and 22 (E) to use such identified laws and policies 23 to develop diplomatic strategies to share the ex- 24 pertise obtained from the implementation of 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 16 •S 1996 IS such laws and policies with appropriate officials 1 of countries where LGBTQI persons do not 2 enjoy equal protection under the law. 3 (d) SPECIAL ENVOY FOR THE HUMAN RIGHTS OF 4 LGBTQI PEOPLES.— 5 (1) ESTABLISHMENT.—The Secretary of State 6 shall establish, in the Bureau of Democracy, Human 7 Rights, and Labor of the Department of State, a 8 permanent Special Envoy for the Human Rights of 9 LGBTQI Peoples (referred to in this section as the 10 ‘‘Special Envoy’’), who— 11 (A) shall be appointed by the President; 12 and 13 (B) shall report directly to the Assistant 14 Secretary for Democracy, Human Rights, and 15 Labor. 16 (2) RANK.—The Special Envoy may be ap- 17 pointed at the rank of Ambassador. 18 (3) PURPOSES.—The Special Envoy shall— 19 (A) direct the efforts of the United States 20 Government relating to United States foreign 21 policy, as directed by the Secretary, regard- 22 ing— 23 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 17 •S 1996 IS (i) human rights abuses against 1 LGBTQI people and communities inter- 2 nationally; and 3 (ii) the advancement of human rights 4 for LGBTQI people; and 5 (B) represent the United States inter- 6 nationally in bilateral and multilateral engage- 7 ment on the matters described in subparagraph 8 (A). 9 (4) DUTIES.— 10 (A) IN GENERAL.—The Special Envoy— 11 (i) shall serve as the principal advisor 12 to the Secretary of State regarding human 13 rights for LGBTQI people internationally; 14 (ii) notwithstanding any other provi- 15 sion of law— 16 (I) shall direct activities, policies, 17 programs, and funding relating to the 18 human rights of LGBTQI people and 19 the advancement of LGBTQI equality 20 initiatives internationally, for all bu- 21 reaus and offices of the Department 22 of State; and 23 (II) shall lead the coordination of 24 relevant international programs for all 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 18 •S 1996 IS other Federal agencies relating to 1 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 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 19 •S 1996 IS (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— 13 (I) programs, projects, and ac- 14 tivities of the Department of State 15 and the United States Agency for 16 International Development designed 17 to prevent and respond to criminaliza- 18 tion, discrimination, and violence 19 against LGBTQI people internation- 20 ally are subject to rigorous monitoring 21 and evaluation; and 22 (II) there is a uniform set of in- 23 dicators and standards for such moni- 24 toring and evaluation that is used 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 20 •S 1996 IS across international programs in Fed- 1 eral agencies; and 2 (ix) is authorized to represent the 3 United States in bilateral and multilateral 4 fora on matters relevant to the human 5 rights of LGBTQI people internationally, 6 including criminalization, discrimination, 7 and violence against LGBTQI people inter- 8 nationally. 9 (5) DATA REPOSITORY.—The Bureau of De- 10 mocracy, Human Rights, and Labor— 11 (A) shall be the central repository of data 12 on all United States programs, projects, and ac- 13 tivities that relate to prevention and response to 14 criminalization, discrimination, and violence 15 against LGBTQI people internationally; and 16 (B) shall produce— 17 (i) a full accounting of United States 18 Government spending on such programs, 19 projects, and activities; and 20 (ii) evaluations of the effectiveness of 21 such programs, projects, and activities. 22 (e) TRAINING AT INTERNATIONAL LAW ENFORCE- 23 MENT ACADEMIES.—The President shall ensure that any 24 international law enforcement academy supported by 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 21 •S 1996 IS United States assistance shall provide training with re- 1 spect to the rights of LGBTQI people, including through 2 specialized courses highlighting best practices in the docu- 3 mentation, investigation and prosecution of bias-motivated 4 hate crimes targeting persons based on actual or perceived 5 sexual orientation, gender identity, or sex characteristics. 6 SEC. 5. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 7 VIOLATIONS OF HUMAN RIGHTS AGAINST 8 LGBTQI PEOPLE. 9 (a) DEFINITIONS.—In this section: 10 (1) APPROPRIATE CONGRESSIONAL COMMIT- 11 TEES.—The term ‘‘appropriate congressional com- 12 mittees’’ means— 13 (A) the Committee on Armed Services of 14 the Senate; 15 (B) the Committee on Foreign Relations of 16 the Senate; 17 (C) the Committee on Homeland Security 18 and Governmental Affairs of the Senate; 19 (D) the Committee on the Judiciary of the 20 Senate; 21 (E) the Committee on Armed Services of 22 the House of Representatives; 23 (F) the Committee on Foreign Affairs of 24 the House of Representatives; 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 22 •S 1996 IS (G) the Committee on Homeland Security 1 of the House of Representatives; and 2 (H) the Committee on the Judiciary of the 3 House of Representatives. 4 (2) FOREIGN PERSON.—The term ‘‘foreign per- 5 son’’ has the meaning given such term in section 6 595.304 of title 31, Code of Federal Regulations (as 7 in effect on the day before the date of the enactment 8 of this Act). 9 (3) IMMEDIATE FAMILY MEMBER.—The term 10 ‘‘immediate family member’’ has the meaning given 11 such term for purposes of section 7031(c) of the De- 12 partment of State, Foreign Operations, and Related 13 Programs Appropriations Act, 2021 (division K of 14 Public Law 116–260). 15 (4) PERSON.—The term ‘‘person’’ has the 16 meaning given such term in section 591.308 of title 17 31, Code of Federal Regulations (as in effect on the 18 day before the date of the enactment of this Act). 19 (b) IN GENERAL.—Not later than 180 days after the 20 date of the enactment of this Act and biannually there- 21 after, the President shall submit to the appropriate con- 22 gressional committees a list of each foreign person the 23 President determines, based on credible information, in- 24 cluding information obtained by other countries or by non- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 23 •S 1996 IS governmental organizations that monitor violations of 1 human rights— 2 (1) is responsible for or complicit in, with re- 3 spect to persons based on actual or perceived sexual 4 orientation, gender identity, or sex characteristics— 5 (A) cruel, inhuman, or degrading treat- 6 ment or punishment; 7 (B) prolonged detention without charges 8 and trial; 9 (C) causing the disappearance of such per- 10 sons by the abduction and clandestine detention 11 of such persons; or 12 (D) other flagrant denial of the right to 13 life, liberty, or the security of such persons; 14 (2) acted as an agent of or on behalf of a for- 15 eign person in a matter relating to an activity de- 16 scribed in paragraph (1); or 17 (3) is responsible for or complicit in inciting a 18 foreign person to engage in an activity described in 19 paragraph (1). 20 (c) FORM; UPDATES; REMOVAL.— 21 (1) FORM.—The list required under subsection 22 (b) shall be submitted in unclassified form and pub- 23 lished in the Federal Register without regard to the 24 requirements of section 222(f) of the Immigration 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 24 •S 1996 IS and Nationality Act (8 U.S.C. 1202(f)) with respect 1 to confidentiality of records pertaining to the 2 issuance or refusal of visas or permits to enter the 3 United States, except that the President may include 4 a foreign person in a classified, unpublished annex 5 to such list if the President— 6 (A) determines that— 7 (i) such annex is vital for the national 8 security interests of the United States; and 9 (ii) the use of such annex, and the in- 10 clusion of such person in such annex, 11 would not undermine the overall purpose of 12 this section to publicly identify foreign per- 13 sons engaging in the conduct described in 14 subsection (b) in order to increase account- 15 ability for such conduct; and 16 (B) not later than 15 days before including 17 such person in a classified annex, provides to 18 the appropriate congressional committees notice 19 of, and a justification for, including or con- 20 tinuing to include each foreign person in such 21 annex despite the existence of any publicly 22 available credible information indicating that 23 each such foreign person engaged in an activity 24 described in subsection (b). 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 25 •S 1996 IS (2) UPDATES.—The President shall submit to 1 the appropriate congressional committees an update 2 of the list required under subsection (b) as new in- 3 formation becomes available. 4 (3) REMOVAL.—A foreign person may be re- 5 moved from the list required under subsection (b) if 6 the President determines and reports to the appro- 7 priate congressional committees not later than 15 8 days before the removal of such person from such 9 list that— 10 (A) credible information exists that such 11 person did not engage in the activity for which 12 the person was included in such list; 13 (B) such person has been prosecuted ap- 14 propriately for the activity in which such person 15 engaged; or 16 (C) such person has credibly demonstrated 17 a significant change in behavior, has paid an 18 appropriate consequence for the activities in 19 which such person engaged, and has credibly 20 committed to not engage in an activity de- 21 scribed in subsection (b). 22 (d) PUBLIC SUBMISSION OF INFORMATION.—The 23 President shall issue public guidance, including through 24 United States diplomatic and consular posts, setting forth 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 26 •S 1996 IS the manner by which the names of foreign persons that 1 may meet the criteria to be included on the list required 2 under subsection (b) may be submitted to the Department 3 of State for evaluation. 4 (e) REQUESTS FROM CHAIR AND RANKING MEMBER 5 OF APPROPRIATE CONGRESSIONAL COMMITTEES.— 6 (1) CONSIDERATION OF INFORMATION.—In ad- 7 dition to the guidance issued pursuant to subsection 8 (d), the President shall also consider information 9 provided by the Chair or Ranking Member of each 10 of the appropriate congressional committees in de- 11 termining whether to include a foreign person in the 12 list required under subsection (b). 13 (2) REQUESTS.—Not later than 120 days after 14 receiving a written request from the Chair or Rank- 15 ing Member of one of the appropriate congressional 16 committees with respect to whether a foreign person 17 meets the criteria for being included in the list re- 18 quired under subsection (b), the President shall re- 19 spond to such Chair or Ranking Member, as the 20 case may be, with respect to the President’s deter- 21 mination relating to such foreign person. 22 (3) REMOVAL.—If the President removes a for- 23 eign person from the list required under subsection 24 (b) that had been included in such list pursuant to 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 27 •S 1996 IS a request under paragraph (2), the President shall 1 provide to the relevant Chair or Ranking Member of 2 one of the appropriate congressional committees any 3 information that contributed to such decision. 4 (4) FORM.—The President may submit the re- 5 sponse required under paragraph (2) or paragraph 6 (3) in classified form if the President determines 7 that such form is necessary for the national security 8 interests of the United States. 9 (f) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 10 (1) INELIGIBILITY FOR VISAS AND ADMISSION 11 TO THE UNITED STATES.—A foreign person on the 12 list required under subsection (b), and each imme- 13 diate family member of such person, is— 14 (A) inadmissible to the United States; 15 (B) ineligible to receive a visa or other doc- 16 umentation to enter the United States; and 17 (C) otherwise ineligible to be admitted or 18 paroled into the United States or to receive any 19 other benefit under the Immigration and Na- 20 tionality Act (8 U.S.C. 1101 et seq.). 21 (2) CURRENT VISAS REVOKED.— 22 (A) IN GENERAL.—The issuing consular 23 officer or the Secretary of State, (or a designee 24 of the Secretary of State), in accordance with 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 28 •S 1996 IS section 221(i) of the Immigration and Nation- 1 ality Act (8 U.S.C. 1201(i)), shall revoke any 2 visa or other entry documentation issued to a 3 foreign person on the list required under sub- 4 section (b), and any visa or other entry docu- 5 mentation issued to any immediate family mem- 6 ber of such person, regardless of when the visa 7 or other entry documentation is issued. 8 (B) EFFECT OF REVOCATION.—A revoca- 9 tion under subparagraph (A) shall— 10 (i) take effect immediately; and 11 (ii) automatically cancel any other 12 valid visa or entry documentation that is in 13 the foreign person’s possession. 14 (C) RULEMAKING.—Not later than 180 15 days after the date of the enactment of this 16 Act, the Secretary of State shall prescribe such 17 regulations as may be necessary to carry out 18 this subsection. 19 (D) EXCEPTION TO COMPLY WITH INTER- 20 NATIONAL OBLIGATIONS.—Sanctions under this 21 subsection shall not apply with respect to a for- 22 eign person if admitting or paroling such per- 23 son into the United States is necessary to per- 24 mit the United States to comply with the 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 29 •S 1996 IS Agreement regarding the Headquarters of the 1 United Nations, signed at Lake Success, June 2 26, 1947, and entered into force November 21, 3 1947, between the United Nations and the 4 United States, or other applicable international 5 obligations. 6 (3) SENSE OF CONGRESS WITH RESPECT TO 7 ADDITIONAL SANCTIONS.—It is the sense of Con- 8 gress that the President should impose additional 9 targeted sanctions with respect to foreign persons on 10 the list required under subsection (b) to push for ac- 11 countability for flagrant denials of the right to life, 12 liberty, or the security of the person, through the 13 use of designations and targeted sanctions provided 14 for such conduct under other existing authorities. 15 (4) WAIVERS IN THE INTEREST OF NATIONAL 16 SECURITY.— 17 (A) IN GENERAL.—The President may 18 waive the application of paragraph (1) or (2) 19 with respect to a foreign person included in the 20 list required under subsection (b) if the Presi- 21 dent determines, and submits to the appro- 22 priate congressional committees notice of, and 23 justification for, such determination, that such 24 a waiver— 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 30 •S 1996 IS (i) is necessary to permit the United 1 States to comply with the Agreement be- 2 tween the United Nations and the United 3 States of America regarding the Head- 4 quarters of the United Nations, signed 5 June 26, 1947, and entered into force No- 6 vember 21, 1947, or other applicable inter- 7 national obligations of the United States; 8 or 9 (ii) is in the national security interests 10 of the United States. 11 (B) TIMING OF CERTAIN WAIVERS.—A 12 waiver pursuant to a determination under sub- 13 paragraph (A)(ii) shall be submitted not later 14 than 15 days before the granting of such waiv- 15 er. 16 (g) REPORT TO CONGRESS.—Not later than 1 year 17 after the date of the enactment of this Act, and annually 18 thereafter, the President, acting through the Secretary of 19 State, shall submit a report to the appropriate congres- 20 sional committees that describes— 21 (1) the actions taken to carry out this section, 22 including— 23 (A) the number of foreign persons added 24 to or removed from the list required under sub- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 31 •S 1996 IS section (b) during the year immediately pre- 1 ceding each such report; 2 (B) the dates on which such persons were 3 added or removed; 4 (C) the reasons for adding or removing 5 such persons; and 6 (D) an analysis that compares increases or 7 decreases in the number of such persons added 8 or removed year-over-year and the reasons for 9 such increases or decreases; and 10 (2) any efforts by the President to coordinate 11 with the governments of other countries, as appro- 12 priate, to impose sanctions that are similar to the 13 sanctions imposed under this section. 14 SEC. 6. COMBATING INTERNATIONAL CRIMINALIZATION OF 15 LGBTQI STATUS, EXPRESSION, OR CONDUCT. 16 (a) ANNUAL STRATEGIC REVIEW.—The Secretary of 17 State, in consultation with the Administrator of the 18 United States Agency for International Development, shall 19 include, during the course of annual strategic planning, 20 an examination of— 21 (1) the progress made in countries around the 22 world toward the decriminalization of the status, ex- 23 pression, and conduct of LGBTQI individuals; 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 32 •S 1996 IS (2) the obstacles that remain toward achieving 1 such decriminalization; and 2 (3) the strategies available to the Department 3 of State and the United States Agency for Inter- 4 national Development to address such obstacles. 5 (b) ELEMENTS.—The examination described in sub- 6 section (a) shall include— 7 (1) an examination of the full range of criminal 8 and civil laws of other countries that disproportion- 9 ately impact communities of LGBTQI individuals or 10 apply with respect to the conduct of LGBTQI indi- 11 viduals; 12 (2) in consultation with the Attorney General, 13 a list of countries in each geographic region with re- 14 spect to which— 15 (A) the Attorney General, acting through 16 the Office of Overseas Prosecutorial Develop- 17 ment Assistance and Training of the Depart- 18 ment of Justice, shall prioritize programs seek- 19 ing— 20 (i) to decriminalize the status, expres- 21 sion, and conduct of LGBTQI individuals; 22 (ii) to monitor the trials of those pros- 23 ecuted because of such status, expression, 24 or conduct; and 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 33 •S 1996 IS (iii) to reform related laws having a 1 discriminatory impact on LGBTQI individ- 2 uals; 3 (B) applicable speaker or exchange pro- 4 grams sponsored by the United States Govern- 5 ment shall bring together civil society and gov- 6 ernmental leaders— 7 (i) to promote the recognition of 8 LGBTQI rights through educational ex- 9 changes in the United States; and 10 (ii) to support better understanding of 11 the role that governments and civil soci- 12 eties mutually play in assurance of equal 13 treatment of LGBTQI populations abroad. 14 SEC. 7. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS 15 OF LGBTQI PEOPLE. 16 (a) SENSE OF CONGRESS.— It is the sense of Con- 17 gress that the full implementation of Executive Order 18 13988 (86 Fed. Reg. 7023; January 20, 2021) and the 19 holding in Bostock v. Clayton County requires that United 20 States foreign assistance and development organizations 21 adopt the policy that no contractor, grantee, or imple- 22 menting partner administering United States assistance 23 for any humanitarian, development, or global health pro- 24 grams may discriminate against any employee or applicant 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 34 •S 1996 IS for employment because of their gender identity or sexual 1 orientation. 2 (b) GLOBAL EQUALITY FUND.— 3 (1) IN GENERAL.—The Secretary of State shall 4 establish a fund, to be known as the ‘‘Global Equal- 5 ity Fund’’, to be managed by the Assistant Sec- 6 retary of the Bureau of Democracy, Human Rights 7 and Labor, consisting of such sums as may be ap- 8 propriated to provide grants, emergency assistance, 9 and technical assistance to eligible civil society orga- 10 nizations and human rights defenders working to ad- 11 vance and protect human rights for all including 12 LGBTQI persons, by seeking— 13 (A) to ensure the freedoms of assembly, 14 association, and expression; 15 (B) to protect persons or groups against 16 the threat of violence, including medically un- 17 necessary interventions performed on intersex 18 infants; 19 (C) to advocate against laws that— 20 (i) criminalize LGBTQI status, ex- 21 pression, or conduct; or 22 (ii) discriminate against individuals on 23 the basis of sexual orientation, gender 24 identity, or sex characteristics; 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 35 •S 1996 IS (D) to end explicit and implicit forms of 1 discrimination in the workplace, housing, edu- 2 cation, and other public institutions or services; 3 and 4 (E) to build community awareness and 5 support for the human rights of LGBTQI per- 6 sons. 7 (2) CONTRIBUTIONS.—The Secretary of State 8 may accept financial and technical contributions, 9 through the Global Equality Fund, from corpora- 10 tions, bilateral donors, foundations, nongovernmental 11 organizations, and other entities supporting the out- 12 comes described in paragraph (1). 13 (3) PRIORITIZATION.—In providing assistance 14 through the Global Equality Fund, the Secretary of 15 State shall ensure due consideration and appropriate 16 prioritization of assistance to groups that have his- 17 torically been excluded from programs undertaken 18 for the outcomes described in paragraph (1). 19 (c) LGBTQI GLOBAL DEVELOPMENT PARTNER- 20 SHIP.—The Administrator of the United States Agency 21 for International Development, in consultation with the 22 Secretary of State, shall establish a partnership, to be 23 known as the ‘‘LGBTQI Global Development Partner- 24 ship’’, to leverage the financial and technical contributions 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 36 •S 1996 IS of corporations, bilateral donors, foundations, nongovern- 1 mental organizations, and universities to support the 2 human rights and development of LGBTQI persons 3 around the world by supporting programs, projects, and 4 activities— 5 (1) to strengthen the capacity of LGBTQI lead- 6 ers and civil society organizations; 7 (2) to train LGBTQI leaders to effectively par- 8 ticipate in democratic processes and lead civil insti- 9 tutions; 10 (3) to conduct research to inform national, re- 11 gional, or global policies and programs; and 12 (4) to promote economic empowerment through 13 enhanced LGBTQI entrepreneurship and business 14 development. 15 (d) CONSULTATION.—In coordinating programs, 16 projects, and activities through the Global Equality Fund 17 or the Global Development Partnership, the Secretary of 18 State shall consult, as appropriate, with the Administrator 19 of the United States Agency for International Develop- 20 ment and the heads of other relevant Federal departments 21 and agencies. 22 (e) REPORT.—The Secretary of State shall submit to 23 the appropriate congressional committees an annual re- 24 port on the work of, successes obtained, and challenges 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 37 •S 1996 IS faced by the Global Equality Fund and the LGBTQI Glob- 1 al Development Partnership established in accordance 2 with this section. 3 (f) LIMITATION ON ASSISTANCE RELATING TO 4 EQUAL ACCESS.— 5 (1) IN GENERAL.—None of the amounts au- 6 thorized to be appropriated or otherwise made avail- 7 able to provide United States assistance for any hu- 8 manitarian, development, or global health programs 9 may be made available to any contractor, grantee, or 10 implementing partner, unless such recipient— 11 (A) ensures that the program, project, or 12 activity funded by such amounts are made 13 available to all elements of the population, ex- 14 cept to the extent that such program, project, 15 or activity targets a population because of the 16 higher assessed risk of negative outcomes 17 among such populations; 18 (B) undertakes to make every reasonable 19 effort to ensure that each subcontractor or sub- 20 grantee of such recipient will also adhere to the 21 requirement described in subparagraph (A); and 22 (C) agrees to return all amounts awarded 23 or otherwise provided by the United States, in- 24 cluding such additional penalties as the Sec- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 38 •S 1996 IS retary of State may determine to be appro- 1 priate, if the recipient is not able to adhere to 2 the requirement described in subparagraph (A). 3 (2) QUARTERLY REPORT.—The Secretary of 4 State shall provide to the appropriate congressional 5 committees a quarterly report on the methods by 6 which the Department of State monitors compliance 7 with the requirement under paragraph (1)(A). 8 (g) OFFICE OF FOREIGN ASSISTANCE.—The Sec- 9 retary of State, acting through the Director of the Office 10 of Foreign Assistance, shall— 11 (1) monitor the amount of foreign assistance 12 obligated and expended on programs, projects, and 13 activities relating to LGBTQI people; and 14 (2) provide the results of the indicators track- 15 ing such expenditure, upon request, to the Organiza- 16 tion for Economic Co-Operation and Development. 17 SEC. 8. GLOBAL HEALTH INCLUSIVITY. 18 (a) IN GENERAL.—The Coordinator of United States 19 Government Activities to Combat HIV/AIDS Globally 20 shall— 21 (1) develop mechanisms to ensure that the 22 President’s Emergency Plan for AIDS Relief 23 (PEPFAR) is implemented in a way that equitably 24 serves LGBTQI people in accordance with the goals 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 39 •S 1996 IS described in section 7(f), including by requiring all 1 partner entities receiving assistance through 2 PEPFAR to receive training on the health needs of 3 and human rights standards relating to LGBTQI 4 people; and 5 (2) promptly notify Congress of any obstacles 6 encountered by a foreign government or contractor, 7 grantee, or implementing partner in the effort to eq- 8 uitably implement PEPFAR as described in such 9 subsection, including any remedial steps taken by 10 the Coordinator to overcome such obstacles. 11 (b) REPORT ON INTERNATIONAL PROSECUTIONS FOR 12 SEX WORK OR CONSENSUAL SEXUAL ACTIVITY.—Not 13 later than 180 days after the date of the enactment of 14 this Act, the Coordinator shall submit a report to the ap- 15 propriate congressional committees that describes the 16 manner in which commodities, such as condoms provided 17 by programs, projects, or activities funded through 18 PEPFAR or other sources of United States assistance, 19 have been used as evidence to arrest, detain, or prosecute 20 individuals in other countries in order to enforce domestic 21 laws criminalizing sex work or consensual sexual activity. 22 (c) REPORT ON HIV/AIDS-RELATED INDEX TEST- 23 ING.—Not later than 180 days after the date of the enact- 24 ment of this Act, the Coordinator shall submit a report 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 40 •S 1996 IS to the appropriate congressional committees that describes 1 the impact of partner notification services and index test- 2 ing on treatment adherence, intimate partner violence, and 3 exposure to the criminal justice system for key popu- 4 lations, including LGBTQI people and sex workers, using 5 qualitative and quantitative data. 6 (d) REPORT ON IMPACT OF ‘‘GLOBAL GAG’’ RULE.— 7 Not later than 180 days after the date of the enactment 8 of this Act, the Government Accountability Office shall 9 submit a report to the appropriate congressional commit- 10 tees that describes the impact, as of the date of the sub- 11 mission of the report, on the implementation and enforce- 12 ment of any iteration of the Mexico City Policy on the 13 global LGBTQI community. 14 (e) CONFORMING AMENDMENTS.— 15 (1) PEPFAR AUTHORIZATION.—Section 301 of 16 the United States Leadership Against HIV/AIDS, 17 Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 18 7631) is amended— 19 (A) by striking subsections (d) through (f); 20 and 21 (B) by redesignating subsection (g) as sub- 22 section (d). 23 (2) ALLOCATION OF FUNDS BY THE GLOBAL 24 AIDS COORDINATOR.—Section 403(a) of the United 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 41 •S 1996 IS States Leadership Against HIV/AIDS, Tuberculosis, 1 and Malaria Act of 2003 (22 U.S.C. 7673(a)) is 2 amended— 3 (A) in paragraph (1)— 4 (i) by striking ‘‘shall—’’ and all that 5 follows through ‘‘(A) provide’’ and insert- 6 ing ‘‘shall provide’’; 7 (ii) by striking ‘‘; and’’ and inserting 8 a period; and 9 (iii) by striking subparagraph (B); 10 and 11 (B) in paragraph (2)— 12 (i) by striking ‘‘PREVENTION STRAT- 13 EGY.—’’ and all that follows through ‘‘In 14 carrying out paragraph (1), the’’ and in- 15 serting ‘‘PREVENTION STRATEGY.—The’’; 16 and 17 (ii) by striking subparagraph (B). 18 (3) TVPA AUTHORIZATION.—Section 113 of 19 the Trafficking Victims Protection Act of 2000 (22 20 U.S.C. 7110) is amended— 21 (A) by striking subsection (g); and 22 (B) by redesignating subsections (h) and 23 (i) as subsections (g) and (h), respectively. 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 42 •S 1996 IS SEC. 9. IMMIGRATION REFORM. 1 (a) REFUGEES AND ASYLUM SEEKERS.— 2 (1) LGBTQI SOCIAL GROUP.—Section 3 101(a)(42) of the Immigration and Nationality Act 4 (8 U.S.C. 1101(a)(42)) is amended by adding at the 5 end the following: ‘‘For purposes of determinations 6 under this Act, a person who has been persecuted on 7 the basis of sexual orientation or gender identity 8 shall be deemed to have been persecuted on account 9 of membership in a particular social group and a 10 person who has a well founded fear of persecution 11 on the basis of sexual orientation or gender identity 12 shall be deemed to have a well founded fear of perse- 13 cution on account of membership in a particular so- 14 cial group.’’. 15 (2) ANNUAL REPORT.—Section 103(e)(2) of the 16 Immigration and Nationality Act (8 U.S.C. 1103(e)) 17 is amended— 18 (A) by striking ‘‘information on the num- 19 ber’’ and inserting the following: ‘‘information 20 on— 21 ‘‘(A) the number’’; and 22 (B) by striking the period at the end and 23 inserting the following: ‘‘; and 24 ‘‘(B) the total number of applications for asy- 25 lum and refugee status received that are, in whole 26 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 43 •S 1996 IS or in part, based on persecution or a well founded 1 fear of persecution on account of sexual orientation 2 or gender identity, and the rate of approval adminis- 3 tratively of such applications.’’. 4 (3) ASYLUM FILING DEADLINE REPEAL.— 5 (A) IN GENERAL.—Section 208(a)(2) of 6 the Immigration and Nationality Act (8 U.S.C. 7 1158(a)(2)) is amended— 8 (i) by striking subparagraph (B); 9 (ii) by redesignating subparagraphs 10 (C), (D), and (E) as subparagraphs (B), 11 (C), and (D), respectively; 12 (iii) in subparagraph (C), as redesig- 13 nated— 14 (I) by striking ‘‘notwithstanding 15 subparagraphs (B) and (C)’’ and in- 16 serting ‘‘notwithstanding subpara- 17 graph (B)’’; 18 (II) by striking ‘‘either’’; and 19 (III) by striking ‘‘or extraor- 20 dinary circumstances relating to the 21 delay in filing an application within 22 the period specified in subparagraph 23 (B)’’; and 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 44 •S 1996 IS (iv) in subparagraph (D), as redesig- 1 nated, by striking ‘‘Subparagraphs (A) and 2 (B)’’ and inserting ‘‘Subparagraph (A)’’. 3 (B) APPLICATION.—The amendments 4 made by subparagraph (A) shall apply to appli- 5 cations for asylum filed before, on, or after the 6 date of the enactment of this Act. 7 (b) PERMANENT PARTNERS.—Section 101(a) of the 8 Immigration and Nationality Act (8 U.S.C. 1101(a)) is 9 amended— 10 (1) in paragraph (35), by inserting ‘‘includes 11 any permanent partner, but’’ before ‘‘does not in- 12 clude’’; and 13 (2) by adding at the end the following: 14 ‘‘(53) The term ‘marriage’ includes a permanent 15 partnership. 16 ‘‘(54) The term ‘permanent partner’ means an indi- 17 vidual who is 18 years of age or older and who— 18 ‘‘(A) is in a committed, intimate relationship 19 with another individual who is 18 years of age or 20 older, in which both parties intend a lifelong com- 21 mitment; 22 ‘‘(B) is financially interdependent with the 23 other individual; 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 45 •S 1996 IS ‘‘(C) is not married to anyone other than the 1 other individual; 2 ‘‘(D) is a national of or, in the case of a person 3 having no nationality, last habitually resided in a 4 country that prohibits marriage between the individ- 5 uals; and 6 ‘‘(E) is not a first-, second-, or third-degree 7 blood relation of the other individual. 8 ‘‘(55) The term ‘permanent partnership’ means the 9 relationship that exists between 2 permanent partners.’’. 10 (c) COUNSEL.— 11 (1) APPOINTMENT OF COUNSEL.—Section 12 240(b)(4) of the Immigration and Nationality Act (8 13 U.S.C. 1229a(b)(4)) is amended— 14 (A) in subparagraph (B), by striking 15 ‘‘and’’ at the end; 16 (B) in subparagraph (C), by striking the 17 period at the end and inserting ‘‘, and’’; and 18 (C) by adding at the end the following: 19 ‘‘(D) notwithstanding subparagraph (A), in 20 a case in which an indigent alien requests rep- 21 resentation, such representation shall be ap- 22 pointed by the court, at the expense of the Gov- 23 ernment, for such proceedings.’’. 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 46 •S 1996 IS (2) RIGHT TO COUNSEL.—Section 292 of the 1 Immigration and Nationality Act (8 U.S.C. 1362) is 2 amended— 3 (A) by inserting ‘‘(a)’’ before ‘‘In any’’; 4 (B) by striking ‘‘he’’ and inserting ‘‘the 5 person’’; and 6 (C) by adding at the end the following: 7 ‘‘(b) Notwithstanding subsection (a), in a case in 8 which an indigent alien requests representation, such rep- 9 resentation shall be appointed by the court, at the expense 10 of the Government, for the proceedings described in sub- 11 section (a). 12 ‘‘(c) In an interview relating to admission under sec- 13 tion 207, an alien shall have the privilege of being rep- 14 resented (at no expense to the Government) by such coun- 15 sel, authorized to practice in such proceedings, as the alien 16 shall choose.’’. 17 (d) REFUGEE ADMISSIONS OF LGBTQI ALIENS 18 FROM CERTAIN COUNTRIES.— 19 (1) IN GENERAL.—Aliens who are nationals of 20 or, in the case of aliens having no nationality, last 21 habitually resided in a country that fails to protect 22 against persecution on the basis of sexual orienta- 23 tion or gender identity, and who share common 24 characteristics that identify them as targets of per- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 47 •S 1996 IS secution on account of sexual orientation or gender 1 identity, are eligible for Priority 2 processing under 2 the refugee resettlement priority system. 3 (2) RESETTLEMENT PROCESSING.— 4 (A) IN GENERAL.—If a refugee admitted 5 under section 207 of the Immigration and Na- 6 tionality Act (8 U.S.C. 1157) discloses informa- 7 tion to an employee or contractor of the Bureau 8 of Population, Refugees, and Migration of the 9 Department of State regarding the refugee’s 10 sexual orientation or gender identity, the Sec- 11 retary of State, with the refugee’s consent, shall 12 provide such information to the appropriate na- 13 tional resettlement agency— 14 (i) to prevent the refugee from being 15 placed in a community in which the ref- 16 ugee is likely to face continued discrimina- 17 tion; and 18 (ii) to place the refugee in a commu- 19 nity that offers services to meet the needs 20 of the refugee. 21 (B) DEFINED TERM.—The term ‘‘national 22 resettlement agency’’ means an agency con- 23 tracting with the Department of State to pro- 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 48 •S 1996 IS vide sponsorship and initial resettlement serv- 1 ices to refugees entering 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, in consultation 7 with the Secretary of State, shall establish a training 8 program for staff and translators who participate in 9 the interview process of aliens seeking asylum or sta- 10 tus as a refugee. 11 (2) COMPONENTS OF TRAINING PROGRAM.— 12 The training program described in paragraph (1) 13 shall include instruction regarding— 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.—Except as provided in 23 subparagraphs (B) and (C) and notwith- 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 49 •S 1996 IS standing any other provision of law, the Sec- 1 retary of 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 ensure the appear- 20 ance of the alien at removal proceedings, or 21 that the alien is a threat to another person or 22 to the community. The fact that an alien has a 23 criminal charge pending against the alien may 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 50 •S 1996 IS not be the sole factor to justify the detention of 1 the alien. 2 (C) REMOVAL.—If detention is the least 3 restrictive means of effectuating the removal 4 from the United States of an alien who is a 5 member of a vulnerable group, the subject of a 6 final order of deportation or removal, and not 7 detained under subparagraph (B), the Secretary 8 of Homeland Security may, solely for the pur- 9 pose of such removal, detain the alien for a pe- 10 riod 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.—Not less frequently 17 than weekly, the Secretary of Homeland Secu- 18 rity shall conduct an individualized review of 19 any alien detained pursuant to paragraph 20 (1)(B) to determine whether the alien should 21 continue to be detained under such paragraph. 22 (B) RELEASE.—Not later than 24 hours 23 after the date on which the Secretary makes a 24 determination under subparagraph (A) that an 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 51 •S 1996 IS alien should not be detained under paragraph 1 (1)(B), the Secretary shall release the detainee. 2 (g) PROTECTIVE CUSTODY FOR LGBTQI ALIEN DE- 3 TAINEES.— 4 (1) DETAINEES.—An LGBTQI alien who is de- 5 tained pursuant to subparagraph (B) or (C) of sub- 6 section (f)(1) may not be placed in housing that is 7 segregated from the general population unless— 8 (A) the alien requests placement in such 9 housing for the protection of the alien; or 10 (B) the Secretary of Homeland Security 11 determines, after assessing all available alter- 12 natives, that there is no available alternative 13 means of separation from likely abusers. 14 (2) PLACEMENT FACTORS.—If an LGBTQI 15 alien is placed in segregated housing pursuant to 16 paragraph (1), the Secretary of Homeland Security 17 shall ensure that such housing— 18 (A) includes non-LGBTQI aliens, to the 19 extent practicable; and 20 (B) complies with any applicable court 21 order for the protection of LGBTQI aliens. 22 (3) PROTECTIVE CUSTODY REQUESTS.—If a de- 23 tained LGBTQI alien requests placement in seg- 24 regated housing for the protection of such alien, the 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 52 •S 1996 IS Secretary of Homeland Security shall grant such re- 1 quest. 2 (h) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that the Secretary of Homeland Security should hire 4 a sufficient number of Refugee Corps officers for refugee 5 interviews to be held within a reasonable period of time 6 and adjudicated not later than 180 days after a request 7 for Priority 2 consideration is filed. 8 SEC. 10. ISSUANCE OF PASSPORTS AND GUARANTEE OF 9 CITIZENSHIP TO CERTAIN CHILDREN BORN 10 ABROAD. 11 (a) SEX IDENTIFICATION MARKERS.—The Secretary 12 of State, through any appropriate regulation, manual, pol- 13 icy, form, or other updates, shall ensure that an applicant 14 may self-select the sex designation (including a non-binary 15 or neutral designation, such as ‘‘X’’) on any identity docu- 16 ment issued by the Department of State that displays sex 17 information, including passports and consular reports of 18 birth abroad. 19 (b) GUARANTEE OF CITIZENSHIP TO CHILDREN 20 BORN ABROAD USING ASSISTIVE REPRODUCTION TECH- 21 NOLOGY.—Not later than 90 days after the date of the 22 enactment of this Act, the Secretary of State shall issue 23 regulations clarifying that no biological connection be- 24 tween a parent and a child is required for a child to ac- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 53 •S 1996 IS quire citizenship at birth from a United States citizen par- 1 ent under subsections (c), (d), (e), and (g) of section 301 2 of the Immigration and Nationality Act (8 U.S.C. 1401) 3 if such parent is recognized as the legal parent of the child 4 from birth under the local law at the place of birth or 5 under United States law. 6 SEC. 11. ENGAGING INTERNATIONAL ORGANIZATIONS IN 7 THE FIGHT AGAINST LGBTQI DISCRIMINA- 8 TION. 9 (a) SENSE OF CONGRESS.—It is the sense of Con- 10 gress that— 11 (1) the United States should be a leader in ef- 12 forts by the United Nations to ensure that human 13 rights norms, development principles, and political 14 rights are fully inclusive of LGBTQI people; 15 (2) United States leadership within inter- 16 national financial institutions, such as the World 17 Bank and the regional development banks, should be 18 used to ensure that the programs, projects, and ac- 19 tivities undertaken by such institutions are fully in- 20 clusive of all people, including LGBTQI people; and 21 (3) the Secretary of State should seek appro- 22 priate opportunities to encourage the equal treat- 23 ment of LGBTQI people during discussions with or 24 participation in the full range of regional, multilat- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 54 •S 1996 IS eral, and international fora, such as the Organiza- 1 tion of American States, the Organization for Secu- 2 rity and Cooperation in Europe, the European 3 Union, the African Union, and the Association of 4 South East Asian Nations. 5 (b) ACTION THROUGH THE EQUAL RIGHTS COALI- 6 TION.—The Secretary of State shall promote diplomatic 7 coordination through the Equal Rights Coalition, estab- 8 lished in July 2016 at the Global LGBTQI Human Rights 9 Conference in Montevideo, Uruguay, and other multilat- 10 eral mechanisms, to achieve the goals and outcomes de- 11 scribed in subsection (a). 12 SEC. 12. REPRESENTING THE RIGHTS OF LGBTQI UNITED 13 STATES CITIZENS DEPLOYED TO DIPLOMATIC 14 AND CONSULAR POSTS. 15 (a) SENSE OF CONGRESS.—Recognizing the impor- 16 tance of a diverse workforce in the representation of the 17 United States abroad and in support of sound personnel 18 staffing policies, it is the sense of Congress that the Sec- 19 retary of State should— 20 (1) prioritize efforts to ensure that foreign gov- 21 ernments do not impede the assignment of LGBTQI 22 United States citizens and their families to diplo- 23 matic and consular posts; 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 55 •S 1996 IS (2) open conversations with entities in the 1 United States private sector that engage in business 2 in other countries to the extent necessary to address 3 any visa issues faced by such private sector entities 4 with respect to their LGBTQI employees; and 5 (3) prioritize efforts to improve post and post 6 school information for LGBTQI employees and em- 7 ployees with LGBTQI family members. 8 (b) REMEDIES FOR FAMILY VISA DENIAL.— 9 (1) IN GENERAL.—The Secretary of State shall 10 use all appropriate diplomatic efforts to ensure that 11 the families of LGBTQI employees of the Depart- 12 ment of State are issued visas from countries where 13 such employees are posted. 14 (2) LIST REQUIRED.—Not later than 180 days 15 after the date of the enactment of this Act, the Sec- 16 retary of State shall submit to Congress— 17 (A) a classified list of each country that 18 has refused to grant accreditation to LGBTQI 19 employees of the Department of State or to 20 their family members during the most recent 2- 21 year period; and 22 (B) a description of the actions taken or 23 intended to be taken by the Secretary, in ac- 24 cordance with paragraph (1), to ensure that 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 56 •S 1996 IS LGBTQI employees are appointed to appro- 1 priate positions in accordance with diplomatic 2 needs and personnel qualifications, including 3 actions specifically relating to securing the ac- 4 creditation of the families of such employees by 5 relevant countries. 6 (c) IMPROVING POST INFORMATION AND OVERSEAS 7 ENVIRONMENT FOR LGBTQI ADULTS AND CHILDREN.— 8 (1) IN GENERAL.—The Secretary of State shall 9 ensure that LGBTQI employees and employees with 10 LGBTQI family members have adequate information 11 to pursue overseas postings, including country envi- 12 ronment information for adults and children. 13 (2) NONDISCRIMINATION POLICIES FOR UNITED 14 STATES GOVERNMENT-SUPPORTED SCHOOLS.—The 15 Secretary shall make every effort to ensure schools 16 abroad that receive assistance and support from the 17 United States Government under programs adminis- 18 tered by the Office of Overseas Schools of the De- 19 partment of State have active and clear non- 20 discrimination policies, including policies relating to 21 sexual orientation and gender identity impacting 22 LGBTQI children of all ages. 23 (3) REQUIRED INFORMATION FOR LGBTQI 24 CHILDREN.—The Secretary shall ensure that infor- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 57 •S 1996 IS mation focused on LGBTQI children of all ages (in- 1 cluding transgender and gender nonconforming stu- 2 dents) is included in post reports, bidding materials, 3 and Office of Overseas Schools reports, databases, 4 and adequacy lists. 5 Æ VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6301 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS