Text of US SB 2231 (2025)
GLOBE Act of 2025 Greater Leadership Overseas for the Benefit of Equality Act of 2025
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As introduced
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II
119TH CONGRESS
1ST SESSION
S. 2231
To protect human rights and enhance opportunities for LGBTQI people
around the world, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JULY 9, 2025
Mr. MARKEY (for himself, Mr. KAINE, Mr. SCHATZ, Mr. COONS, Mr.
PADILLA, Mr. SCHIFF, Mrs. MURRAY, Mr. WHITEHOUSE, Mr. MURPHY,
Ms. BALDWIN, Ms. CORTEZ MASTO, Ms. HIRONO, Mr. MERKLEY, Mr.
SANDERS, Mr. WELCH, Mr. BOOKER, Mr. WYDEN, Ms. ROSEN, Mrs.
SHAHEEN, and Mr. VAN HOLLEN) introduced the following bill; which
was read twice and referred to the Committee 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 2025’’ or the ‘‘GLOBE Act of 2025’’.
6
(b) TABLE OF CONTENTS.—The table of contents for
7
this Act is as follows:
8
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•S 2231 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 United States LGBTQI citizens deployed to
diplomatic and consular posts.
SEC. 2. FINDINGS.
1
Congress finds the following:
2
(1) The United States has been and must al-
3
ways be the global leader in protecting human
4
rights, including the rights of lesbian, gay, bisexual,
5
transgender, queer, and intersex (LGBTQI) peoples
6
around the world.
7
(2) The norms of good governance, human
8
rights protections, and the rule of law have been vio-
9
lated unconscionably with respect to LGBTQI peo-
10
ples in an overwhelming majority of countries
11
around the world, where LGBTQI people face vio-
12
lence, hatred, bigotry, and discrimination because of
13
who they are and whom they love.
14
(3) In at least 62 countries, or roughly 32 per-
15
cent of the world, same-sex relations and relation-
16
ships are criminalized. Many countries also crim-
17
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•S 2231 IS
inalize or otherwise prohibit cross-dressing and gen-
1
der-affirming treatments for transgender individuals.
2
(4) The World Bank has begun to measure the
3
macro-economic costs of criminal laws targeting
4
LGBTQI individuals through lost productivity, detri-
5
mental health outcomes and violence, as a step to-
6
ward mitigating those costs.
7
(5) Violence and discrimination based on sexual
8
orientation and gender identity are documented in
9
the Department of State’s annual Country Human
10
Rights Reports to Congress. These reports continue
11
to show a clear pattern of human rights violations,
12
including murder, rape, torture, death threats, extor-
13
tion, and imprisonment, in every region of the world
14
based on sexual orientation and gender identity. In
15
many instances police, prison, military, and civilian
16
government authorities have been directly complicit
17
in abuses aimed at LGBTQI citizens.
18
(6) As documented by the Department of State,
19
LGBTQI individuals in many countries are sub-
20
jected to capricious imprisonment, loss of employ-
21
ment, housing, and access to health care, societal
22
stigma, and discrimination. LGBTQI-specific restric-
23
tions on basic freedoms of assembly, press, and
24
speech exist in every region of the world.
25
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(7) Targeted sanctions are an important tool to
1
push for accountability for violations of the human
2
rights of LGBTQI people.
3
(8) Anti-LGBTQI laws and discrimination pose
4
significant risks for LGBTQI youth who come out to
5
their family or community and often face rejection,
6
homelessness, and limited educational and economic
7
opportunities. These factors contribute to increased
8
risks of substance abuse, suicide, and HIV infection
9
among LGBTQI youth.
10
(9) Anti-LGBTQI laws also increase global
11
health risks. Studies have shown that when
12
LGBTQI people, especially LGBTQI youth, face dis-
13
crimination, they are less likely to seek HIV testing,
14
prevention, and treatment services.
15
(10) LGBTQI populations are disproportion-
16
ately impacted by the Mexico City Policy, also widely
17
referred to as the ‘‘global gag rule’’. LGBTQI people
18
often receive much of their health care through re-
19
productive health clinics, and organizations that can-
20
not comply with the policy are forced to discontinue
21
work on United States-supported global health
22
projects that are frequently used by LGBTQI popu-
23
lations, including HIV prevention and treatment,
24
stigma reduction, and research.
25
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•S 2231 IS
(11) At the beginning of his second term, Presi-
1
dent Donald Trump reinstated the global gag rule
2
before abruptly terminating nearly all foreign aid
3
contracts.
4
(12) Because they face tremendous discrimina-
5
tion in the formal labor sector, many sex workers
6
are also LGBTQI individuals, and many sex-worker-
7
led programs and clinics serve the LGBTQI commu-
8
nity with safe, non-stigmatizing, medical and social
9
care. The United States Agency for International
10
Development (USAID) has also referred to sex
11
workers as a ‘‘most-at-risk population’’. The anti-
12
prostitution loyalty oath that health care providers
13
receiving United States assistance must take isolates
14
sex-worker-led and serving groups from programs
15
and reinforces stigma, undermining both the global
16
AIDS response and human rights. The Supreme
17
Court found this requirement unconstitutional as it
18
applies to United States nongovernmental organiza-
19
tions and their foreign affiliates in 2013.
20
(13) According to the Trans Murder Monitoring
21
Project, which monitors homicides of transgender in-
22
dividuals, there were at least 350 cases of reported
23
killings of trans and gender-diverse people between
24
October 1, 2023, and September 30, 2024.
25
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(14) In many countries, intersex individuals ex-
1
perience prejudice and discrimination because their
2
bodies do not conform to general expectations about
3
sex and gender. Because of these expectations, medi-
4
cally unnecessary interventions are often performed
5
in infancy without the consent or approval of
6
intersex individuals, in violation of international
7
human rights standards, and are then often denied
8
official identification papers, blocking them from ac-
9
cessing basic services and legal protections.
10
(15) Asylum and refugee protection are critical
11
last-resort protections for LGBTQI individuals, but
12
those who seek such protections face ostracization
13
and abuse in refugee camps and detention facilities.
14
They are frequently targeted for violence, including
15
sexual assault, in refugee camps and in immigration
16
detention. LGBTQI individuals may be segregated
17
against their will for long periods in solitary confine-
18
ment, in an effort to protect them from such vio-
19
lence, but prolonged solitary confinement itself rep-
20
resents an additional form of abuse that is pro-
21
foundly damaging to the social and psychological
22
well-being of any individual.
23
(16) The global COVID–19 pandemic exacer-
24
bated inequalities that LGBTQI individuals face, in-
25
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cluding access to health care, stigma, and discrimi-
1
nation, undermining LGBTQI rights around the
2
world.
3
(17) In December 2011, President Barack
4
Obama directed all Federal foreign affairs agencies
5
to ensure that their diplomatic, humanitarian, health
6
and foreign assistance programs take into account
7
the needs of marginalized LGBTQI communities
8
and persons.
9
(18) In 2015, the Department of State estab-
10
lished the position of Special Envoy for the Human
11
Rights of LGBTQI Persons.
12
(19) In 2021, President Joseph Biden issued
13
the Memorandum on Advancing the Human Rights
14
of Lesbian, Gay, Bisexual, Transgender, Queer, and
15
Intersex Persons Around the World, which stated
16
that it is the policy of the United States to pursue
17
an end to violence and discrimination on the basis
18
of sexual orientation, gender identity or expression,
19
or sex characteristics and called for United States
20
global leadership on LGBTQI rights.
21
(20) In Bostock v. Clayton County, the Su-
22
preme Court held that title VII of the Civil Rights
23
Act of 1964 prohibits discrimination on the basis of
24
gender identity and sexual orientation. On January
25
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•S 2231 IS
20, 2021, President Biden issued Executive Order
1
13988 to enforce Bostock, which orders all agency
2
heads to determine the additional steps they should
3
take to ensure that administration policies are fully
4
implemented consistent with Bostock, including the
5
Secretary of State and the Administrator of USAID.
6
(21) The use of United States diplomatic tools,
7
including the Department of State’s exchange and
8
speaker programs, to address the human rights
9
needs of marginalized communities has helped in-
10
form public debates in many countries regarding the
11
protective responsibilities of any democratic govern-
12
ment.
13
(22) Inclusion of human rights protections for
14
LGBTQI individuals in United States trade agree-
15
ments, as in the United States-Mexico-Canada
16
Agreement, and trade preference programs is in-
17
tended both to ensure a level playing field for United
18
States business and to provide greater workplace
19
protections overseas, compatible with those of the
20
United States.
21
(23) Engaging multilateral fora and inter-
22
national institutions is critical to impacting global
23
norms and to broadening global commitments to
24
fairer standards for the treatment of all people, in-
25
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•S 2231 IS
cluding LGBTQI people. The United States must
1
remain a leader in the United Nations system and
2
has a vested interest in the success of that multilat-
3
eral engagement.
4
(24) United States participation in the Equal
5
Rights Coalition, which is a new intergovernmental
6
coalition of more than 40 governments and leading
7
civil society organizations that work together to pro-
8
tect the human rights of LGBTQI people around the
9
world, is vital to international efforts to respond to
10
violence and impunity.
11
(25) Those who represent the United States
12
abroad, including our diplomats, development spe-
13
cialists and military, should reflect the diversity of
14
our country and honor the United States call to
15
equality, including through proud and open service
16
abroad by LGBTQI United States citizens and those
17
living with HIV.
18
SEC. 3. DEFINITIONS.
19
In this Act:
20
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
21
TEES.—The term ‘‘appropriate congressional com-
22
mittees’’ means—
23
(A) the Committee on Appropriations of
24
the Senate;
25
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•S 2231 IS
(B) the Committee on Foreign Relations of
1
the Senate;
2
(C) the Committee on the Judiciary of the
3
Senate;
4
(D) the Committee on Appropriations of
5
the House of Representatives;
6
(E) the Committee on Foreign Affairs of
7
the House of Representatives; and
8
(F) the Committee on the Judiciary of the
9
House of Representatives.
10
(2) GENDER
IDENTITY.—The term ‘‘gender
11
identity’’ means the gender-related identity, appear-
12
ance, mannerisms, or other gender-related character-
13
istics of an individual, regardless of the individual’s
14
designated sex at birth.
15
(3) LGBTQI.—The term ‘‘LGBTQI’’ means les-
16
bian, gay, bisexual, transgender, queer, or intersex.
17
(4) MEMBER OF A VULNERABLE GROUP.—The
18
term ‘‘member of a vulnerable group’’ means an
19
alien who—
20
(A) is younger than 21 years of age or
21
older than 60 years of age;
22
(B) is pregnant;
23
(C) identifies as lesbian, gay, bisexual,
24
transgender, or intersex;
25
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•S 2231 IS
(D) is victim or witness of a crime;
1
(E) has filed a nonfrivolous civil rights
2
claim in Federal or State court;
3
(F) has a serious mental or physical illness
4
or disability;
5
(G) has been determined by an asylum of-
6
ficer in an interview conducted under section
7
235(b)(1)(B) of the Immigration and Nation-
8
ality Act (8 U.S.C. 1225(b)(1)(B)) to have a
9
credible fear of persecution; or
10
(H) has been determined by an immigra-
11
tion judge or the Secretary of Homeland Secu-
12
rity to be experiencing severe trauma or to be
13
a survivor of torture or gender-based violence,
14
based on information obtained during intake,
15
from the alien’s attorney or legal service pro-
16
vider, or through credible self-reporting.
17
(5) SEXUAL ORIENTATION.—The term ‘‘sexual
18
orientation’’ means actual or perceived homosex-
19
uality, heterosexuality, or bisexuality.
20
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•S 2231 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’’ and inserting a semicolon;
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
by state and non-state actors based on sexual ori-
18
entation or gender identity, as those terms are de-
19
fined in section 3 of the GLOBE Act of 2025, or sex
20
characteristics, including an identification of those
21
countries that have adopted laws or constitutional
22
provisions that criminalize or discriminate based on
23
sexual orientation, gender identity, or sex character-
24
istics, including descriptions of such laws and provi-
25
sions.’’.
26
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(2) SECTION 502B.—Section 502B of the For-
1
eign Assistance Act of 1961 (22 U.S.C. 2304) is
2
amended—
3
(A) by redesignating the second subsection
4
(i) (relating to child marriage status) as sub-
5
section (j); and
6
(B) by adding at the end the following:
7
‘‘(k) SEXUAL ORIENTATION, GENDER IDENTITY,
8
AND SEX CHARACTERISTICS.—The report required under
9
subsection (b) shall include, wherever applicable, the na-
10
ture and extent of criminalization, discrimination, and vio-
11
lence by state and non-state actors based on sexual ori-
12
entation or gender identity, as those terms are defined in
13
section 3 of the GLOBE Act of 2025, or sex characteris-
14
tics, including an identification of those countries that
15
have adopted laws or constitutional provisions that crim-
16
inalize or discriminate based on sexual orientation, gender
17
identity, or sex characteristics, including descriptions of
18
such laws and provisions.’’.
19
(b) REVIEW
AT
DIPLOMATIC
AND
CONSULAR
20
POSTS.—
21
(1) IN
GENERAL.—In preparing the annual
22
country reports on human rights practices required
23
under sections 116 and 502B of the Foreign Assist-
24
ance Act of 1961, as amended by subsection (a), the
25
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•S 2231 IS
Secretary of State shall obtain information from
1
each diplomatic and consular post with respect to—
2
(A) incidents of violence against LGBTQI
3
people in the country in which such post is lo-
4
cated;
5
(B) an analysis of the factors enabling or
6
aggravating such incidents, such as government
7
policy, societal pressure, or external actors; and
8
(C) the response, whether public or pri-
9
vate, of the personnel of such post with respect
10
to such incidents.
11
(2) ADDRESSING BIAS-MOTIVATED VIOLENCE.—
12
The Secretary of State shall include in the annual
13
strategic plans of the regional bureaus concrete dip-
14
lomatic strategies, programs, and policies to address
15
bias-motivated violence using information obtained
16
pursuant to paragraph (1), such as programs to
17
build capacity among civil society or governmental
18
entities to document, investigate, and prosecute in-
19
stances of such violence and provide support to vic-
20
tims of such violence.
21
(c) INTERAGENCY GROUP.—
22
(1) ESTABLISHMENT.—There is established an
23
interagency group on responses to urgent threats to
24
LGBTQI people in foreign countries (referred to in
25
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•S 2231 IS
this subsection as the ‘‘Interagency Group’’), which
1
shall be chaired by the Secretary of State and shall
2
include the Secretary of Defense, the Secretary of
3
the Treasury, the Administrator of the United
4
States Agency for International Development, the
5
Attorney General, and the head of each other Fed-
6
eral department or agency the President determines
7
is relevant to the duties of the Interagency Group.
8
(2) DUTIES.—The duties of the Interagency
9
Group shall be—
10
(A) coordinating the responses of each par-
11
ticipating agency with respect to threats di-
12
rected towards LGBTQI populations in other
13
countries;
14
(B) developing longer-term approaches to
15
policy developments and incidents negatively
16
impacting the LGBTQI populations in specific
17
countries;
18
(C) advising the President on the designa-
19
tion of foreign persons for sanctions pursuant
20
to section 5;
21
(D) identifying United States laws and
22
policies, at the Federal, State, and local levels,
23
that affirm the equality of LGBTQI persons;
24
and
25
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•S 2231 IS
(E) using such laws and policies to develop
1
diplomatic strategies to share the expertise ob-
2
tained from the implementation of such laws
3
and policies with appropriate officials of coun-
4
tries in which LGBTQI persons do not enjoy
5
equal protection under the law.
6
(d) SPECIAL ENVOY FOR THE HUMAN RIGHTS OF
7
LGBTQI PEOPLES.—
8
(1) ESTABLISHMENT.—The Secretary of State
9
shall establish in the Bureau of Democracy, Human
10
Rights, and Labor, the permanent position of Spe-
11
cial Envoy for the Human Rights of LGBTQI Peo-
12
ples (referred to in this section as the ‘‘Special
13
Envoy’’), who—
14
(A) shall be appointed by the President;
15
and
16
(B) shall report directly to the Assistant
17
Secretary for Democracy, Human Rights, and
18
Lab.
19
(2) RANK.—The President may appoint the
20
Special Envoy at the rank of Ambassador, by and
21
with the advice and consent of the Senate.
22
(3) PURPOSE.—The Special Envoy shall direct
23
efforts of the United States Government relating to
24
United States foreign policy, as directed by the Sec-
25
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•S 2231 IS
retary, regarding human rights abuses against
1
LGBTQI people and communities internationally
2
and the advancement of human rights for LGBTQI
3
people, and shall represent the United States inter-
4
nationally in bilateral and multilateral engagement
5
on such matters.
6
(4) DUTIES.—The Special Envoy shall—
7
(A) serve as the principal advisor to the
8
Secretary of State regarding human rights for
9
LGBTQI people internationally;
10
(B) notwithstanding any other provision of
11
law, direct activities, policies, programs, and
12
funding relating to the human rights of
13
LGBTQI people and the advancement of
14
LGBTQI equality initiatives internationally, for
15
all bureaus and offices of the Department of
16
State and shall lead the coordination of relevant
17
international programs for all other Federal
18
agencies relating to such matters;
19
(C) represent the United States in diplo-
20
matic matters relevant to the human rights of
21
LGBTQI people, including criminalization, dis-
22
crimination, and violence against LGBTQI peo-
23
ple internationally;
24
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•S 2231 IS
(D) direct, as appropriate, United States
1
Government resources to respond to needs for
2
protection, integration, resettlement, and em-
3
powerment of LGBTQI people in United States
4
Government policies and international pro-
5
grams, including to prevent and respond to
6
criminalization, discrimination, and violence
7
against LGBTQI people internationally;
8
(E) design, support, and implement activi-
9
ties regarding support, education, resettlement,
10
and empowerment of LGBTQI people inter-
11
nationally, including for the prevention and re-
12
sponse to criminalization, discrimination, and
13
violence against LGBTQI people internation-
14
ally;
15
(F) lead interagency coordination between
16
the foreign policy priorities related to the
17
human rights of LGBTQI people and the devel-
18
opment assistance priorities of the LGBTQI
19
Coordinator of the United States Agency for
20
International Development;
21
(G) conduct regular consultation with non-
22
governmental organizations working to prevent
23
and respond to criminalization, discrimination,
24
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•S 2231 IS
and violence against LGBTQI people inter-
1
nationally; and
2
(H) represent the United States in bilat-
3
eral and multilateral fora on matters relevant to
4
the human rights of LGBTQI people inter-
5
nationally, including criminalization, discrimina-
6
tion, and violence against LGBTQI people
7
internationally.
8
(e) TRAINING AT INTERNATIONAL LAW ENFORCE-
9
MENT ACADEMIES.—The President shall ensure that any
10
international law enforcement academy supported by
11
United States assistance shall provide training with re-
12
spect to the rights of LGBTQI people, including through
13
specialized courses highlighting best practices in the docu-
14
mentation, investigation, and prosecution of bias-moti-
15
vated hate crimes targeting persons based on actual or
16
perceived sexual orientation, gender identity, or sex char-
17
acteristics.
18
(f) SENIOR LGBTQI COORDINATOR.—The Adminis-
19
trator of the United States Agency for International De-
20
velopment shall establish the permanent position of Senior
21
LGBTQI Coordinator who shall be appointed by the Ad-
22
ministrator and shall coordinate across the United States
23
Agency for International Development with respect to
24
LGBTQI inclusive development programming.
25
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•S 2231 IS
SEC. 5. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR
1
VIOLATIONS OF HUMAN RIGHTS AGAINST
2
LGBTQI PEOPLE.
3
(a) IN GENERAL.—Not later than 180 days after the
4
date of enactment of this Act and biannually thereafter,
5
the President shall submit to the appropriate congres-
6
sional committees a list of each foreign person the Presi-
7
dent determines, based on credible information, including
8
information obtained by other countries or by nongovern-
9
mental organizations that monitor violations of human
10
rights—
11
(1) is responsible for or complicit in, with re-
12
spect to persons based on actual or perceived sexual
13
orientation, gender identity, or sex characteristics—
14
(A) torture or cruel, inhuman, or degrad-
15
ing treatment or punishment;
16
(B) prolonged detention without charges
17
and trial;
18
(C) causing the disappearance of such per-
19
sons by the abduction and clandestine detention
20
of such persons; or
21
(D) other flagrant denial of the right to
22
life, liberty, or the security of such persons; or
23
(2) acted as an agent of or on behalf of a for-
24
eign person in a matter relating to an activity de-
25
scribed in paragraph (1).
26
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•S 2231 IS
(b) FORM; UPDATES; REMOVAL.—
1
(1) FORM.—The list required under subsection
2
(a) shall be submitted in unclassified form and pub-
3
lished in the Federal Register without regard to the
4
requirements under section 222(f) of the Immigra-
5
tion and Nationality Act (8 U.S.C. 1202(f)) with re-
6
spect to confidentiality of records pertaining to the
7
issuance or refusal of visas or permits to enter the
8
United States, except that the President may include
9
a foreign person in a classified, unpublished annex
10
to such list if the President—
11
(A) determines—
12
(i) it is vital for the national security
13
interests of the United States to include
14
such foreign person; and
15
(ii) the use of such annex, and the in-
16
clusion of such person in such annex,
17
would not undermine the overall purpose of
18
this section to publicly identify foreign per-
19
sons engaging in the conduct described in
20
subsection (a) in order to increase account-
21
ability for such conduct; and
22
(B) not later than 15 days before including
23
such person in a classified annex, provides to
24
the relevant congressional committees notice of,
25
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•S 2231 IS
and a justification for, including or continuing
1
to include each foreign person in such annex
2
despite the existence of any publicly available
3
credible information indicating that each such
4
foreign person engaged in an activity described
5
in subsection (a).
6
(2) UPDATES.—The President shall submit to
7
the relevant congressional committees an update of
8
the list required under subsection (a) as new infor-
9
mation becomes available.
10
(3) REMOVAL.—A foreign person may be re-
11
moved from the list required under subsection (a) if
12
the President determines and reports to the relevant
13
congressional committees not later than 15 days be-
14
fore the removal of such person from such list
15
that—
16
(A) credible information exists that such
17
person did not engage in the activity for which
18
the person was included in such list;
19
(B) such person has been prosecuted ap-
20
propriately for the activity in which such person
21
engaged;
22
(C) such person has credibly demonstrated
23
a significant change in behavior, has paid an
24
appropriate consequence for the activities in
25
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•S 2231 IS
which such person engaged, and has credibly
1
committed to not engage in an activity de-
2
scribed in subsection (a); or
3
(D) removal of such sanctions is in the
4
vital national security interests of the United
5
States.
6
(c) PUBLIC SUBMISSION
OF INFORMATION.—The
7
President shall issue public guidance, including through
8
United States diplomatic and consular posts, setting forth
9
the manner by which the names of foreign persons that
10
may meet the criteria to be included on the list required
11
under subsection (a) may be submitted to the Department
12
of State for evaluation.
13
(d) REQUESTS FROM CHAIR AND RANKING MEMBER
14
OF RELEVANT CONGRESSIONAL COMMITTEES.—
15
(1) CONSIDERATION OF INFORMATION.—In ad-
16
dition to the guidance issued pursuant to subsection
17
(c), the President shall also consider information
18
provided by the Chair or Ranking Member of each
19
of the relevant congressional committees in deter-
20
mining whether to include a foreign person in the
21
list required under subsection (a).
22
(2) REQUESTS.—Not later than 120 days after
23
receiving a written request from the Chair or Rank-
24
ing Member of 1 of the relevant congressional com-
25
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24
•S 2231 IS
mittees with respect to whether a foreign person
1
meets the criteria for being included in the list re-
2
quired under subsection (a), the President shall
3
transmit a response to such Chair or Ranking Mem-
4
ber, as the case may be, with respect to the Presi-
5
dent’s determination relating to such foreign person.
6
(3) REMOVAL.—If the President removes from
7
the list required under subsection (a) a foreign per-
8
son that had been included in such list pursuant to
9
a request under paragraph (2), the President shall
10
provide to the relevant Chair or Ranking Member of
11
1 of the relevant congressional committees any infor-
12
mation that contributed to such decision.
13
(4) FORM.—The President may transmit a re-
14
sponse required under paragraph (2) or paragraph
15
(3) in classified form if the President determines
16
such form is necessary for the national security in-
17
terests of the United States.
18
(e) INADMISSIBILITY OF CERTAIN INDIVIDUALS.—
19
(1) INELIGIBILITY FOR VISAS AND ADMISSION
20
TO THE UNITED STATES.—A foreign person on the
21
list required under subsection (a), and each imme-
22
diate family member of such person, is—
23
(A) inadmissible to the United States;
24
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•S 2231 IS
(B) ineligible to receive a visa or other doc-
1
umentation to enter the United States; and
2
(C) otherwise ineligible to be admitted or
3
paroled into the United States or to receive any
4
other benefit under the Immigration and Na-
5
tionality Act (8 U.S.C. 1101 et seq.).
6
(2) CURRENT VISAS REVOKED.—
7
(A) IN
GENERAL.—The issuing consular
8
officer, the Secretary of State, or a designee of
9
the Secretary of State, in accordance with sec-
10
tion 221(i) of the Immigration and Nationality
11
Act (8 U.S.C. 1201(i)), shall revoke any visa or
12
other entry documentation issued to a foreign
13
person on the list required under subsection (a),
14
and any visa or other entry documentation
15
issued to any immediate family member of such
16
person, regardless of when the visa or other
17
entry documentation was issued.
18
(B) EFFECT OF REVOCATION.—A revoca-
19
tion under subparagraph (A) shall—
20
(i) have immediate effect; and
21
(ii) automatically cancel any other
22
valid visa or entry documentation that is in
23
the foreign person’s possession.
24
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•S 2231 IS
(C) REGULATIONS REQUIRED.—Not later
1
than 180 days after the date of enactment of
2
this Act, the Secretary of State shall prescribe
3
such regulations as are necessary to carry out
4
this subsection.
5
(3) SENSE OF CONGRESS WITH RESPECT TO
6
ADDITIONAL SANCTIONS.—It is the sense of Con-
7
gress that the President should impose additional
8
targeted sanctions with respect to foreign persons on
9
the list required under subsection (a) to push for ac-
10
countability for flagrant denials of the right to life,
11
liberty, or the security of the person, through the
12
use of designations and targeted sanctions provided
13
for such conduct under other existing authorities.
14
(4) EXCEPTIONS.—
15
(A) EXCEPTION
WITH
RESPECT
TO
NA-
16
TIONAL
SECURITY.—This section shall not
17
apply with respect to—
18
(i) activities subject to the reporting
19
requirements under title V of the National
20
Security Act of 1947 (50 U.S.C. 3091 et
21
seq.); or
22
(ii) any authorized intelligence or law
23
enforcement activities of the United States.
24
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•S 2231 IS
(B) EXCEPTION TO COMPLY WITH INTER-
1
NATIONAL OBLIGATIONS.—Sanctions under this
2
subsection shall not apply with respect to a for-
3
eign person if admitting or paroling such per-
4
son into the United States is necessary to per-
5
mit the United States to comply with the
6
Agreement regarding the Headquarters of the
7
United Nations, signed at Lake Success, June
8
26, 1947, and entered into force November 21,
9
1947, between the United Nations and the
10
United States, or other applicable international
11
obligations.
12
(C) EXCEPTION FOR CERTAIN IMMEDIATE
13
FAMILY MEMBERS.—
14
(i) IN
GENERAL.—A covered indi-
15
vidual shall not be subject to sanctions
16
under this section if the President certifies
17
to the relevant congressional committees,
18
in accordance with clause (ii), that such in-
19
dividual has a reasonable fear of persecu-
20
tion based on—
21
(I) actual or perceived sexual ori-
22
entation, gender identity, or sex char-
23
acteristics;
24
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•S 2231 IS
(II) race, religion, or nationality;
1
or
2
(III) political opinion or member-
3
ship in a particular social group.
4
(ii) DETERMINATION
AND
CERTIFI-
5
CATION.—A certification under clause (i)
6
shall be made not later than 30 days after
7
the date of the determination required by
8
such clause. Any proceedings relating to
9
such determination shall not be publicly
10
available.
11
(iii) COVERED INDIVIDUAL.—For pur-
12
poses of this subparagraph, the term ‘‘cov-
13
ered individual’’ means an individual who
14
is an immediate family member of foreign
15
person on the list required under sub-
16
section (a).
17
(5) WAIVERS IN THE INTEREST OF NATIONAL
18
SECURITY.—
19
(A) IN
GENERAL.—The President may
20
waive the application of paragraph (1) or (2)
21
with respect to a foreign person included in the
22
list required under subsection (a) if the Presi-
23
dent determines and transmits to the relevant
24
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29
•S 2231 IS
congressional committees notice and justifica-
1
tion, that such a waiver—
2
(i) is necessary to permit the United
3
States to comply with the Agreement be-
4
tween the United Nations and the United
5
States regarding the Headquarters of the
6
United Nations, signed June 26, 1947,
7
and entered into force November 21, 1947,
8
or other applicable international obliga-
9
tions of the United States; or
10
(ii) is in the national security interests
11
of the United States.
12
(B) TIMING
OF
CERTAIN
WAIVERS.—A
13
waiver pursuant to a determination under
14
clause (ii) of subparagraph (A) shall be trans-
15
mitted not later than 15 days before the grant-
16
ing of such waiver.
17
(f) REPORT TO CONGRESS.—Not later than 1 year
18
after the date of enactment of this Act and annually there-
19
after, the President, acting through the Secretary of State,
20
shall submit to the relevant congressional committees a
21
report that describes—
22
(1) the actions taken to carry out this section,
23
including—
24
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•S 2231 IS
(A) the number of foreign persons added
1
to or removed from the list required under sub-
2
section (a) during the year preceding each such
3
report, the dates on which such persons were so
4
added or removed, and the reasons for so add-
5
ing or removing such persons; and
6
(B) 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 changes;
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
(3) the impact of the sanctions imposed under
15
this section with respect to altering the behavior of
16
each of the foreign persons included, as of the date
17
of submission of the report, in the list required
18
under subsection (a); and
19
(4) steps the Department of State can take to
20
improve coordination with foreign governments, civil
21
society groups, and the private sector, to prevent the
22
commission of the human rights violations described
23
in section 4(a)(1) against persons based on actual or
24
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•S 2231 IS
perceived sexual orientation, gender identity, or sex
1
characteristics.
2
(g) DEFINITIONS.—In this section:
3
(1) FOREIGN PERSON.—The term ‘‘foreign per-
4
son’’ has the meaning given such term in section
5
595.304 of title 31, Code of Federal Regulations (as
6
in effect on the day before the date of the enactment
7
of this Act).
8
(2) IMMEDIATE
FAMILY
MEMBER.—The term
9
‘‘immediate family member’’ has the meaning given
10
such term for purposes of section 7031(c) of the De-
11
partment of State, Foreign Operations, and Related
12
Programs Appropriations Act, 2021 (division K of
13
Public Law 116–260).
14
(3) PERSON.—The term ‘‘person’’ has the
15
meaning given such term in section 591.308 of title
16
31, Code of Federal Regulations (as in effect on the
17
day before the date of the enactment of this Act).
18
(4)
RELEVANT
CONGRESSIONAL
COMMIT-
19
TEES.—The term ‘‘relevant congressional commit-
20
tees’’ means—
21
(A) the Committee on Armed Services of
22
the Senate;
23
(B) the Committee on Foreign Relations of
24
the Senate;
25
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•S 2231 IS
(C) the Committee on Homeland Security
1
of the Senate;
2
(D) the Committee on the Judiciary of the
3
Senate;
4
(E) the Committee on Armed Services of
5
the House of Representatives;
6
(F) the Committee on Foreign Affairs of
7
the House of Representatives;
8
(G) the Committee on Homeland Security
9
of the House of Representatives; and
10
(H) the Committee on the Judiciary of the
11
House of Representatives.
12
SEC. 6. COMBATING INTERNATIONAL CRIMINALIZATION OF
13
LGBTQI STATUS, EXPRESSION, OR CONDUCT.
14
(a) ANNUAL STRATEGIC REVIEW.—The Secretary of
15
State, in consultation with the Administrator of the
16
United States Agency for International Development, dur-
17
ing the course of annual strategic planning, shall in-
18
clude—
19
(1) an examination of the progress made in
20
countries around the world toward the decriminaliza-
21
tion of the status, expression, and conduct of
22
LGBTQI individuals;
23
(2) the obstacles that remain toward achieving
24
such decriminalization; and
25
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33
•S 2231 IS
(3) the strategies available to the Department
1
of State and the United States Agency for Inter-
2
national Development to address such obstacles.
3
(b) ELEMENTS.—The examination described in sub-
4
section (a) shall include the following:
5
(1) An examination of the full range of criminal
6
and civil laws of other countries that disproportion-
7
ately impact communities of LGBTQI individuals or
8
apply with respect to the conduct of LGBTQI indi-
9
viduals.
10
(2) In consultation with the Attorney General,
11
a list of countries in each geographic region with re-
12
spect to which—
13
(A) the Attorney General, acting through
14
the Office of Overseas Prosecutorial Develop-
15
ment Assistance and Training of the Depart-
16
ment of Justice, shall prioritize programs seek-
17
ing—
18
(i) to decriminalize the status, expres-
19
sion, and conduct of LGBTQI individuals;
20
(ii) to monitor the trials of those pros-
21
ecuted because of such status, expression,
22
or conduct; and
23
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34
•S 2231 IS
(iii) to reform related laws having a
1
discriminatory impact on LGBTQI individ-
2
uals; and
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 to promote the recognition of
7
LGBTQI rights through educational exchanges
8
in the United States and support better under-
9
standing of the role that governments and civil
10
societies mutually play in assurance of equal
11
treatment of LGBTQI populations abroad.
12
SEC. 7. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS
13
OF LGBTQI PEOPLE.
14
(a) SENSE OF CONGRESS.—It is the sense of Con-
15
gress that the full implementation of Executive Order
16
13988 (86 Fed. Reg. 7023) and the Supreme Court hold-
17
ing in Bostock v. Clayton County (140 S. Ct. 1731
18
(2020)) requires that United States foreign assistance and
19
development organizations adopt the policy that no con-
20
tractor, grantee, or implementing partner administering
21
United States assistance for any humanitarian, develop-
22
ment, or global health programs may discriminate against
23
any employee or applicant for employment because of gen-
24
der identity or sexual orientation.
25
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35
•S 2231 IS
(b) GLOBAL EQUALITY FUND.—
1
(1) IN GENERAL.—The Secretary of State shall
2
establish a fund, to be known as the ‘‘Global Equal-
3
ity Fund’’ (referred to in the section as the
4
‘‘Fund’’), which shall be managed by the Assistant
5
Secretary of State for the Bureau of Democracy,
6
Human Rights and Labor, consisting of such sums
7
as may be appropriated to provide grants, emer-
8
gency assistance, and technical assistance to eligible
9
civil society organizations and human rights defend-
10
ers working to advance and protect human rights for
11
all including LGBTQI persons, by seeking—
12
(A) to ensure the freedoms of assembly,
13
association, and expression;
14
(B) to protect persons or groups against
15
the threat of violence, including medically un-
16
necessary interventions performed on intersex
17
infants;
18
(C) to advocate against laws that crim-
19
inalize LGBTQI status, expression, or conduct
20
or discriminate against individuals on the basis
21
of sexual orientation, gender identity, or sex
22
characteristics;
23
(D) to end explicit and implicit forms of
24
discrimination in the workplace, housing, edu-
25
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36
•S 2231 IS
cation, and other public institutions or services;
1
and
2
(E) to build community awareness and
3
support for the human rights of LGBTQI per-
4
sons.
5
(2) CONTRIBUTIONS.—The Secretary may ac-
6
cept financial and technical contributions from cor-
7
porations, bilateral donors, foundations, nongovern-
8
mental organizations, and other entities supporting
9
the outcomes described in paragraph (1), through
10
the Fund.
11
(3) PRIORITIZATION.—In providing assistance
12
through the Fund, the Secretary shall ensure due
13
consideration and appropriate prioritization of as-
14
sistance to groups that have historically been ex-
15
cluded from programs undertaken for the outcomes
16
described in paragraph (1).
17
(c) LGBTQI GLOBAL DEVELOPMENT PARTNER-
18
SHIP.—The Administrator of the United States Agency
19
for International Development, in consultation with the
20
Secretary of State, shall establish a partnership, which
21
shall be known as the ‘‘LGBTQI Global Development
22
Partnership’’ (referred to in this section as the ‘‘Partner-
23
ship’’), to leverage the financial and technical contribu-
24
tions of corporations, bilateral donors, foundations, non-
25
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37
•S 2231 IS
governmental organizations, and universities to support
1
the human rights and development of LGBTQI persons
2
around the world by supporting programs, projects, and
3
activities that—
4
(1) strengthen the capacity of LGBTQI leaders
5
and civil society organizations;
6
(2) train LGBTQI leaders to effectively partici-
7
pate in democratic processes and lead civil institu-
8
tions;
9
(3) conduct research to inform national, re-
10
gional, or global policies and programs; and
11
(4) promote inclusive development, including
12
economic empowerment through enhanced LGBTQI
13
entrepreneurship and business development.
14
(d) CONSULTATION.—In coordinating programs,
15
projects, and activities through the Fund or the Partner-
16
ship, the Secretary of State shall consult, as appropriate,
17
with the Administrator of the United States Agency for
18
International Development and the heads of other relevant
19
Federal departments and agencies.
20
(e) REPORT.—The Secretary of State shall submit to
21
the appropriate congressional committees an annual re-
22
port that describes the work of, successes obtained, and
23
challenges faced by the Fund and the Partnership estab-
24
lished in accordance with this section.
25
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•S 2231 IS
(f) LIMITATION
ON
ASSISTANCE
RELATING
TO
1
EQUAL ACCESS.—
2
(1) IN GENERAL.—None of the amounts au-
3
thorized to be appropriated or otherwise made avail-
4
able to provide United States assistance for any hu-
5
manitarian, development, or global health programs
6
may be made available to any contractor, grantee, or
7
implementing partner, unless such recipient—
8
(A) ensures that the program, project, or
9
activity funded by such amounts are made
10
available to all elements of the population, ex-
11
cept to the extent that such program, project,
12
or activity targets a population because of the
13
higher assessed risk of negative outcomes
14
among such populations;
15
(B) undertakes to make every reasonable
16
effort to ensure that each subcontractor or sub-
17
grantee of such recipient will also adhere to the
18
requirement described in subparagraph (A); and
19
(C) agrees to return all amounts awarded
20
or otherwise provided by the United States, in-
21
cluding such additional penalties as the Sec-
22
retary of State may determine to be appro-
23
priate, if the recipient is not able to adhere to
24
the requirement described in subparagraph (A).
25
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•S 2231 IS
(2) QUARTERLY
REPORT.—The Secretary of
1
State shall submit to the appropriate congressional
2
committees a quarterly report describing the meth-
3
ods by which the Department monitors compliance
4
with the requirement under paragraph (1)(A).
5
(g) OFFICE OF FOREIGN ASSISTANCE.—The Sec-
6
retary of State, acting through the Director of the Office
7
of Foreign Assistance, shall—
8
(1) monitor the amount of foreign assistance
9
obligated and expended on programs, projects, and
10
activities relating to LGBTQI people; and
11
(2) provide the results of the indicators track-
12
ing such expenditure, upon request, to the Organiza-
13
tion for Economic Co-operation and Development.
14
SEC. 8. GLOBAL HEALTH INCLUSIVITY.
15
(a) IN GENERAL.—The Coordinator of United States
16
Government Activities to Combat HIV/AIDS Globally (re-
17
ferred to in this section as the ‘‘Coordinator’’) shall—
18
(1) develop mechanisms to ensure that the
19
President’s Emergency Plan for AIDS Relief
20
(PEPFAR) is implemented in a way that equitably
21
serves LGBTQI people in accordance with the goals
22
described in section 7(f), including by requiring all
23
partner
entities
receiving
assistance
through
24
PEPFAR to receive training on the health needs of
25
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•S 2231 IS
and human rights standards relating to LGBTQI
1
people; and
2
(2) promptly notify Congress of any obstacles
3
encountered by a foreign government or contractor,
4
grantee, or implementing partner in the effort to eq-
5
uitably implement PEPFAR as described in section
6
7(f), including any remedial steps taken by the Co-
7
ordinator to overcome such obstacles.
8
(b) REPORT ON INTERNATIONAL PROSECUTIONS FOR
9
SEX WORK OR CONSENSUAL SEXUAL ACTIVITY.—Not
10
later than 180 days after the date of the enactment of
11
this Act, the Coordinator shall submit to the appropriate
12
congressional committees a report describing the manner
13
in which commodities such as condoms provided by pro-
14
grams, projects, or activities funded through PEPFAR or
15
other sources of United States assistance have been used
16
as evidence to arrest, detain, or prosecute individuals in
17
other countries in order to enforce domestic laws criminal-
18
izing sex work or consensual sexual activity.
19
(c) REPORT ON INDEX TESTING RELATED TO HIV/
20
AIDS.—Not later than 180 days after the date of the en-
21
actment of this Act, the Coordinator shall submit a report
22
to the appropriate congressional committees describing the
23
impact of partner notification services and index testing
24
on treatment adherence, intimate partner violence, and ex-
25
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•S 2231 IS
posure to the criminal justice system for key populations,
1
including LGBTQI people and sex workers, using quali-
2
tative and quantitative data.
3
(d) REPORT ON IMPACT OF ‘‘GLOBAL GAG’’ RULE.—
4
Not later than 180 days after the date of the enactment
5
of this Act, the Comptroller General of the United States
6
shall submit a report to the appropriate congressional
7
committees describing the impact, as of the date of the
8
submission of the report, on the implementation and en-
9
forcement of any iteration of the Mexico City Policy on
10
the global LGBTQI community.
11
(e) REMOVING LIMITATIONS ON ELIGIBILITY FOR
12
FOREIGN ASSISTANCE.—
13
(1) IN GENERAL.—Notwithstanding any other
14
provision of law, regulation, or policy, in determining
15
eligibility for assistance authorized under part I of
16
the Foreign Assistance Act of 1961 (22 U.S.C. 2151
17
et seq.), foreign nongovernmental organizations—
18
(A) shall not be ineligible for such assist-
19
ance solely on the basis of health or medical
20
services, including counseling and referral serv-
21
ices, provided by such organizations with non-
22
United States Government funds if such serv-
23
ices do not violate the laws of the country in
24
which they are being provided; and
25
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•S 2231 IS
(B) shall not be subject to requirements
1
relating to the use of non-United States Gov-
2
ernment funds for advocacy and lobbying activi-
3
ties other than those that apply to United
4
States nongovernmental organizations receiving
5
assistance under part I of such Act.
6
(2) CONFORMING AMENDMENTS TO PEPFAR AU-
7
THORIZATION.—Section 301 of the United States
8
Leadership Against HIV/AIDS, Tuberculosis, and
9
Malaria Act of 2003 (22 U.S.C. 7631) is amended—
10
(A) by striking subsections (d) through (f);
11
and
12
(B) by redesignating subsection (g) as sub-
13
section (d).
14
(3) CONFORMING AMENDMENTS TO THE ALLO-
15
CATION OF FUNDS BY THE GLOBAL AIDS COORDI-
16
NATOR.—Section 403(a) of the United States Lead-
17
ership Against HIV/AIDS, Tuberculosis, and Ma-
18
laria Act of 2003 (22 U.S.C. 7673(a)) is amended—
19
(A) in paragraph (1)—
20
(i) by striking ‘‘shall—’’ and all that
21
follows through ‘‘(A) provide’’ and insert-
22
ing ‘‘shall provide’’;
23
(ii) by striking ‘‘; and’’ and inserting
24
a period; and
25
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•S 2231 IS
(iii) by striking subparagraph (B);
1
and
2
(B) in paragraph (2)—
3
(i) by striking ‘‘PREVENTION STRAT-
4
EGY’’ and all that follows through ‘‘In car-
5
rying out paragraph (1)’’ and inserting
6
‘‘PREVENTION STRATEGY’’; and
7
(ii) by striking subparagraph (B).
8
(4) CONFORMING AMENDMENTS TO TVPRA AU-
9
THORIZATION.—Section 113 of the Trafficking Vic-
10
tims Protection Act of 2000 (22 U.S.C. 7110) is
11
amended—
12
(A) by striking subsection (g); and
13
(B) by redesignating subsections (h) and
14
(i) as subsections (g) and (h), respectively.
15
SEC. 9. IMMIGRATION REFORM.
16
(a) REFUGEES AND ASYLUM SEEKERS.—
17
(1)
LGBTQI
SOCIAL
GROUP.—Section
18
101(a)(42) of the Immigration and Nationality Act
19
(8 U.S.C. 1101(a)(42)) is amended by adding at the
20
end the following: ‘‘For purposes of determinations
21
under this Act, a person who has been persecuted on
22
the basis of sexual orientation or gender identity,
23
shall be deemed to have been persecuted on account
24
of membership in a particular social group, and a
25
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•S 2231 IS
person who has a well-founded fear of persecution on
1
the basis of sexual orientation or gender identity
2
shall be deemed to have a well-founded fear of perse-
3
cution on account of membership in a particular so-
4
cial group.’’.
5
(2) REPORT.—Section 103(e) of the Immigra-
6
tion and Nationality Act (8 U.S.C. 1103(e)) is
7
amended—
8
(A) in paragraph (2), by striking ‘‘district
9
office of the Service’’ and inserting ‘‘U.S. Citi-
10
zenship and Immigration Services field office’’;
11
and
12
(B) by adding at the end the following:
13
‘‘(3) Each annual report shall include informa-
14
tion on the total number of applications for asylum
15
and refugee status received that are, in whole or in
16
part, based on persecution or a well-founded fear of
17
persecution on account of sexual orientation or gen-
18
der identity, and the rate of approval administra-
19
tively of such applications.’’.
20
(3) ASYLUM FILING DEADLINE REPEAL.—
21
(A) IN
GENERAL.—Section 208(a)(2) of
22
the Immigration and Nationality Act (8 U.S.C.
23
1158(a)(2)) is amended—
24
(i) by striking subparagraph (B);
25
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•S 2231 IS
(ii) by redesignating subparagraphs
1
(C), (D), and (E) as subparagraphs (B),
2
(C), and (D), respectively;
3
(iii) in subparagraph (B), as redesig-
4
nated, by striking ‘‘(D)’’ and inserting
5
‘‘(C)’’.
6
(iv) in subparagraph (C), as redesig-
7
nated—
8
(I) by striking ‘‘notwithstanding
9
subparagraphs (B) and (C)’’ and in-
10
serting
‘‘notwithstanding
subpara-
11
graph (B)’’;
12
(II) by striking ‘‘either’’ after
13
‘‘Attorney General’’; and
14
(III) by striking ‘‘or extraor-
15
dinary circumstances relating to the
16
delay in filing an application within
17
the period specified in subparagraph
18
(B)’’; and
19
(v) in subparagraph (D), as redesig-
20
nated, by striking ‘‘Subparagraphs (A) and
21
(B)’’ and inserting ‘‘Subparagraph (A)’’.
22
(B)
APPLICATION.—The
amendments
23
made by subparagraph (A) shall apply to appli-
24
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46
•S 2231 IS
cations for asylum filed before, on, or after the
1
date of the enactment of this Act.
2
(b) PERMANENT PARTNERS.—Section 101(a) of the
3
Immigration and Nationality Act (8 U.S.C. 1101(a)) is
4
amended—
5
(1) in paragraph (35)—
6
(A) by striking ‘‘term’’ and inserting
7
‘‘terms’’; and
8
(B) by striking ‘‘or ‘husband’ do not’’ and
9
inserting ‘‘and ‘husband’ include any permanent
10
partner, but do not’’; and
11
(2) by adding at the end the following:
12
‘‘(53) The term ‘marriage’ includes a perma-
13
nent partnership.
14
‘‘(54) The term ‘permanent partner’ means an
15
individual who is 18 years of age or older and—
16
‘‘(A) is in a committed, intimate relation-
17
ship with another individual who is 18 years of
18
age or older, in which both parties intend a life-
19
long commitment;
20
‘‘(B) is financially interdependent with the
21
other individual;
22
‘‘(C) is not married to anyone other than
23
the other individual;
24
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•S 2231 IS
‘‘(D) is a national of or, in the case of a
1
person having no nationality, last habitually re-
2
sided in a country that prohibits marriage be-
3
tween the individuals; and
4
‘‘(E) is not a first-, second-, or third-de-
5
gree blood relation of the other individual.
6
‘‘(55) The term ‘permanent partnership’ means
7
the relationship that exists between 2 permanent
8
partners.’’.
9
(c) COUNSEL.—
10
(1)
APPOINTMENT
OF
COUNSEL.—Section
11
240(b)(4) of the Immigration and Nationality Act (8
12
U.S.C. 1229a(b)(4)) is amended—
13
(A) in subparagraph (B), by striking
14
‘‘and’’ at the end;
15
(B) in subparagraph (C), by striking the
16
period at the end and inserting ‘‘, and’’; and
17
(C) by adding at the end the following:
18
‘‘(D) notwithstanding subparagraph (A), in
19
a case in which an indigent alien requests rep-
20
resentation, such representation shall be ap-
21
pointed by the court, at the expense of the Gov-
22
ernment, for such proceedings.’’.
23
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•S 2231 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), if an indigent
8
alien requests representation, such representation shall be
9
appointed by the court, at the expense of the Government,
10
for the proceedings described in subsection (a).
11
‘‘(c) In an interview relating to admission under sec-
12
tion 207, an alien shall have the privilege of being rep-
13
resented, at no expense to the Government, by such coun-
14
sel, authorized to practice in such proceedings, as the alien
15
shall choose.’’.
16
(d) REFUGEE ADMISSIONS
OF LGBTQI ALIENS
17
FROM CERTAIN COUNTRIES.—
18
(1) IN GENERAL.—In the case of aliens who are
19
nationals of, or in the case of aliens having no na-
20
tionality, last habitually resided in, a country that
21
fails to protect against persecution on the basis of
22
sexual orientation or gender identity and who share
23
common characteristics that identify them as targets
24
of persecution on account of sexual orientation or
25
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•S 2231 IS
gender identity, such aliens are eligible for Priority
1
2 processing under the refugee resettlement priority
2
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 discloses to an employee or con-
7
tractor of the Bureau of Population, Refugees,
8
and Migration information with respect to the
9
refugee’s sexual orientation or gender identity,
10
the Secretary of State, with the refugee’s con-
11
sent, shall provide such information to the ap-
12
propriate national resettlement agency—
13
(i) to prevent the refugee from being
14
placed in a community in which the ref-
15
ugee is likely to face continued discrimina-
16
tion; and
17
(ii) to place the refugee in a commu-
18
nity that offers services to meet the needs
19
of the refugee.
20
(B) DEFINED TERM.—The term ‘‘national
21
resettlement agency’’ means an agency con-
22
tracting with the Department of State to pro-
23
vide sponsorship and initial resettlement serv-
24
ices to refugees entering the United States.
25
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•S 2231 IS
(e) TRAINING PROGRAM.—
1
(1) TRAINING PROGRAM.—In order to create an
2
environment in which an alien may safely disclose
3
such alien’s sexual orientation or gender identity,
4
the Secretary of Homeland Security, in consultation
5
with the Secretary of State, shall establish a training
6
program for staff and translators who participate in
7
the interview process of aliens seeking asylum or sta-
8
tus as a refugee.
9
(2) COMPONENTS
OF
TRAINING
PROGRAM.—
10
The training program described in paragraph (1)
11
shall include instruction regarding—
12
(A) appropriate word choice and word
13
usage;
14
(B) creating safe spaces and facilities for
15
LGBTQI aliens;
16
(C) confidentiality requirements; and
17
(D) nondiscrimination policies.
18
(f) LIMITATION ON DETENTION.—
19
(1) PRESUMPTION OF RELEASE.—
20
(A) IN
GENERAL.—Notwithstanding any
21
other provision of law, except as provided in
22
subparagraphs (B) and (C), the Secretary of
23
Homeland Security—
24
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•S 2231 IS
(i) may not detain an alien who is a
1
member of a vulnerable group under any
2
provision of the Immigration and Nation-
3
ality Act (8 U.S.C. 1101 et seq.) pending
4
a decision with respect to whether the alien
5
is to be removed from the United States;
6
and
7
(ii) shall immediately release any de-
8
tained alien who is a member of a vulner-
9
able group.
10
(B)
EXCEPTIONS.—The
Secretary
of
11
Homeland Security may detain, pursuant to the
12
Immigration and Nationality Act (8 U.S.C.
13
1101 et seq.), an alien who is a member of a
14
vulnerable group if the Secretary determines,
15
using credible and individualized information,
16
that the use of alternatives to detention will not
17
reasonably assure the appearance of the alien at
18
removal proceedings, or that the alien is a
19
threat to another person or the community. The
20
fact that an alien has a criminal charge pending
21
against the alien may not be the sole factor to
22
justify the detention of the alien.
23
(C) REMOVAL.—In a case in which deten-
24
tion is the least restrictive means of effec-
25
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•S 2231 IS
tuating the removal from the United States of
1
an alien who is a member of a vulnerable group,
2
the subject of a final order of deportation or re-
3
moval, and not detained under subparagraph
4
(B), the Secretary of Homeland Security may,
5
solely for the purpose of such removal, detain
6
the alien for a period that is—
7
(i) the shortest possible period imme-
8
diately preceding the removal of the alien
9
from the United States; and
10
(ii) not more than 5 days.
11
(2) WEEKLY REVIEW REQUIRED.—
12
(A) IN
GENERAL.—Not less frequently
13
than weekly, the Secretary of Homeland Secu-
14
rity shall conduct an individualized review of
15
each alien detained pursuant to paragraph
16
(1)(B) to determine if the alien should continue
17
to be detained under such paragraph.
18
(B) RELEASE.—If the Secretary deter-
19
mines pursuant to subparagraph (A) that an
20
alien should not be detained under paragraph
21
(1)(B), the Secretary shall release the detainee
22
not later than 24 hours after the date on which
23
the Secretary makes such determination.
24
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53
•S 2231 IS
(g) PROTECTIVE CUSTODY FOR LGBTQI ALIEN DE-
1
TAINEES.—
2
(1) DETAINEES.—An LGBTQI alien who is de-
3
tained pursuant to subparagraph (B) or (C) of sub-
4
section (f)(1) may not be placed in housing that is
5
segregated from the general population unless—
6
(A) the alien requests placement in such
7
housing for the protection of the alien; or
8
(B) the Secretary of Homeland Security
9
determines, after assessing all available alter-
10
natives, that there is no available alternative
11
means of separation from likely abusers.
12
(2) PLACEMENT
FACTORS.—If an LGBTQI
13
alien is placed in segregated housing pursuant to
14
paragraph (1), the Secretary of Homeland Security
15
shall ensure that such housing—
16
(A) includes non-LGBTQI aliens, to the
17
extent practicable; and
18
(B) complies with any applicable court
19
order for the protection of LGBTQI aliens.
20
(3) PROTECTIVE CUSTODY REQUESTS.—If an
21
LGBTQI alien who is detained requests placement
22
in segregated housing for the protection of such
23
alien, the Secretary of Homeland Security shall
24
grant such request.
25
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54
•S 2231 IS
(h) SENSE OF CONGRESS.—It is the sense of Con-
1
gress that the Secretary of Homeland Security should hire
2
a sufficient number of Refugee Corps officers to conduct
3
refugee interviews within a reasonable period and to com-
4
plete the adjudication of refugee petitions not later than
5
180 days after an alien files a request for Priority 2 con-
6
sideration.
7
SEC. 10. ISSUANCE OF PASSPORTS AND GUARANTEE OF
8
CITIZENSHIP TO CERTAIN CHILDREN BORN
9
ABROAD.
10
(a) SEX IDENTIFICATION MARKERS.—For the pur-
11
poses of any identity document issued by the Department
12
that displays sex information, including passports and
13
consular reports of birth abroad, the Secretary shall en-
14
sure (through appropriate regulation, manual, policy,
15
form, or other updates) that an applicant for such a docu-
16
ment may self-select the sex designation, including a non-
17
binary or neutral designation, such as ‘‘X’’.
18
(b) GUARANTEE
OF CITIZENSHIP
TO CHILDREN
19
BORN ABROAD USING ASSISTIVE REPRODUCTION TECH-
20
NOLOGY.—Not later than 90 days after the date of the
21
enactment of this Act, the Secretary of State shall issue
22
regulations, in accordance with the press statement re-
23
leased on May 18, 2021, with respect to ‘‘U.S. Citizenship
24
Transmission and Assisted Reproductive Technology’’,
25
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•S 2231 IS
clarifying that no biological connection between a parent
1
and a child is required for a child to acquire citizenship
2
at birth from a United States citizen parent under sub-
3
sections (c), (d), (e), and (g) of section 301 of the Immi-
4
gration and Nationality Act (8 U.S.C. 1401), if the local
5
law at the place of birth or United States law recognize
6
such a person to be the legal parent of such child from
7
birth.
8
SEC. 11. ENGAGING INTERNATIONAL ORGANIZATIONS IN
9
THE FIGHT AGAINST LGBTQI DISCRIMINA-
10
TION.
11
(a) SENSE OF CONGRESS.—It is the sense of Con-
12
gress that—
13
(1) the United States should be a leader in ef-
14
forts by the United Nations to ensure that human
15
rights norms, development principles, and political
16
rights are fully inclusive of LGBTQI people;
17
(2) United States leadership within inter-
18
national financial institutions, such as the World
19
Bank and the regional development banks, should be
20
used to ensure that the programs, projects, and ac-
21
tivities undertaken by such institutions are fully in-
22
clusive of all people, including LGBTQI people; and
23
(3) the Secretary of State should seek appro-
24
priate opportunities to encourage the equal treat-
25
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•S 2231 IS
ment of LGBTQI people during discussions with or
1
participation in the full range of regional, multilat-
2
eral, and international fora, such as the Organiza-
3
tion of American States, the Organization for Secu-
4
rity and Cooperation in Europe, the European
5
Union, the African Union, and the Association of
6
Southeast Asian Nations.
7
(b) ACTION THROUGH THE EQUAL RIGHTS COALI-
8
TION.—The Secretary of State shall promote diplomatic
9
coordination through the Equal Rights Coalition, estab-
10
lished in July 2016 at the Global LGBTQI Human Rights
11
Conference in Montevideo, Uruguay, and other multilat-
12
eral mechanisms, to achieve the goals and outcomes de-
13
scribed in subsection (a).
14
SEC. 12. REPRESENTING THE RIGHTS OF UNITED STATES
15
LGBTQI
CITIZENS
DEPLOYED
TO
DIPLO-
16
MATIC AND CONSULAR POSTS.
17
(a) SENSE OF CONGRESS.—It is the sense of Con-
18
gress that, recognizing the importance of a diverse work-
19
force in the representation of the United States abroad,
20
and in support of sound personnel staffing policies, the
21
Secretary of State should—
22
(1) prioritize efforts to ensure that foreign gov-
23
ernments do not impede the assignment of United
24
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•S 2231 IS
States LGBTQI citizens and their families to diplo-
1
matic and consular posts;
2
(2) open conversations with entities in the
3
United States private sector that engage in business
4
in other countries to the extent necessary to address
5
any visa issues faced by such private sector entities
6
with respect to their LGBTQI employees; and
7
(3) prioritize efforts to improve post and post
8
school information for LGBTQI employees and em-
9
ployees with LGBTQI family members.
10
(b) REMEDIES FOR FAMILY VISA DENIAL.—
11
(1) IN GENERAL.—The Secretary of State shall
12
use all appropriate diplomatic efforts to ensure that
13
the families of LGBTQI employees of the Depart-
14
ment of State are issued visas from countries where
15
such employees are posted.
16
(2) LIST REQUIRED.—Not later than 180 days
17
after the date of the enactment of this Act, the Sec-
18
retary of State shall submit to Congress—
19
(A) a classified list of each country that
20
has refused to grant accreditation to LGBTQI
21
employees of the Department of State or their
22
family members in the prior 2 years; and
23
(B) the actions taken or intended to be
24
taken by the Secretary, in accordance with
25
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•S 2231 IS
paragraph (1), to ensure that LGBTQI employ-
1
ees are appointed to appropriate positions in ac-
2
cordance with diplomatic needs and personnel
3
qualifications, including actions specifically re-
4
lating to securing the accreditation of the fami-
5
lies of such employees by 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 of the Department
10
of State and employees with LGBTQI family mem-
11
bers have adequate information to pursue overseas
12
postings, including country environment information
13
for adults and children.
14
(2)
NON-DISCRIMINATION
POLICIES
FOR
15
UNITED
STATES
GOVERNMENT-SUPPORTED
16
SCHOOLS.—The Secretary of State shall make every
17
effort to ensure schools abroad that receive assist-
18
ance and support from the United States Govern-
19
ment under programs administered by the Office of
20
Overseas Schools of the Department of State have
21
active and clear nondiscrimination policies, including
22
policies relating to sexual orientation and gender
23
identity impacting LGBTQI children of all ages.
24
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•S 2231 IS
(3) REQUIRED
INFORMATION
FOR
LGBTQI
1
CHILDREN.—The Secretary of State shall ensure
2
that information focused on LGBTQI children of all
3
ages (including transgender and gender noncon-
4
forming students) is included in post reports, bid-
5
ding materials, and Office of Overseas Schools re-
6
ports, databases, and adequacy lists.
7
Æ
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