Text of US SB 3020 (2018)

II 115TH CONGRESS 2D SESSION S. 3020 To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTI Peoples, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 7, 2018 Mr. MARKEY (for himself, Mr. BOOKER, Ms. WARREN, Mr. MERKLEY, Mr. BLUMENTHAL, Mr. WHITEHOUSE, Mr. COONS, Mrs. GILLIBRAND, Mr. BROWN, Mr. DURBIN, Mr. VAN HOLLEN, Mr. CARDIN, Mr. SANDERS, Ms. BALDWIN, Mr. MURPHY, Mr. NELSON, Mr. WYDEN, Mr. LEAHY, Mrs. MURRAY, Mr. CASEY, Mrs. SHAHEEN, Mrs. FEINSTEIN, and Ms. HARRIS) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTI Peoples, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘International Human 4 Rights Defense Act of 2018’’. 5 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 2 •S 3020 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Relations 6 and the Committee on Appropriations of the 7 Senate; and 8 (B) the Committee on Foreign Affairs and 9 the Committee on Appropriations of the House 10 of Representatives. 11 (2) GENDER IDENTITY.—The term ‘‘gender 12 identity’’ means the gender-related identity, appear- 13 ance, or mannerisms or other gender-related charac- 14 teristics of an individual, regardless of the individ- 15 ual’s designated sex at birth. 16 (3) INTERSEX.—The term ‘‘intersex’’ means in- 17 dividuals born with sex characteristics (including 18 genitals, gonads, or chromosome patterns) that vary 19 from typical binary notions of male or female bodies 20 and is an umbrella term used to describe a wide 21 range of natural bodily variations. 22 (4) LGBTI.—The term ‘‘LGBTI’’ means les- 23 bian, gay, bisexual, transgender, or intersex. 24 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 3 •S 3020 IS (5) SEX CHARACTERISTICS.—The term ‘‘sex 1 characteristics’’ means the chromosomal, gonadal, or 2 anatomical features of a person, including— 3 (A) primary characteristics, such as repro- 4 ductive organs and genitalia, chromosomal 5 structures, or hormones; and 6 (B) secondary characteristics, such as 7 muscle mass, hair distribution, breasts, or 8 structure. 9 (6) SEXUAL ORIENTATION.—The term ‘‘sexual 10 orientation’’ means actual or perceived homosex- 11 uality, heterosexuality, or bisexuality. 12 SEC. 3. FINDINGS. 13 Congress makes the following findings: 14 (1) Around the world, LGBTI people face vio- 15 lence, discrimination, hatred, and bigotry. 16 (2) Seventy-five countries criminalize same-sex 17 relations or prohibit the public support of the 18 LGBTI community. That is equal to nearly 40 per- 19 cent of United Nations member states. 20 (3) In several countries, homosexuality is a 21 crime that is punishable by death. 22 (4) Intersex people experience prejudice and 23 discrimination because their bodies do not conform 24 to other people’s expectations about sex and gender, 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 4 •S 3020 IS including the common performance of medically un- 1 necessary surgeries without the consent or approval 2 of intersex individuals. 3 (5) Violence and discrimination based on sexual 4 orientation and gender identity are documented in 5 the Department of State’s annual Human Rights 6 Report to Congress. The 2016 report continues to 7 show a clear pattern of human rights violations in 8 every region of the world based on sexual orientation 9 and gender identity. These violations include mur- 10 der, rape, torture, death threats, extortion, and im- 11 prisonment, as well as loss of employment, housing, 12 access to health care, and other forms of societal 13 stigma and discrimination. The report further docu- 14 ments LGBTI-specific restrictions on basic freedoms 15 of assembly, press, and speech in every region of the 16 world. 17 (6) In Jamaica and other countries, discrimina- 18 tion against LGBTI people, including ‘‘corrective 19 rape’’ of lesbian women, occurs all too frequently 20 and with relative impunity. 21 (7) In 2013, the Russian Duma passed a law 22 banning so-called ‘‘homosexual propaganda’’, which 23 effectively makes it a crime to publicly support 24 LGBTI equality or even discuss homosexuality. This 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 5 •S 3020 IS pernicious law is the basis for similar so-called 1 ‘‘antipropaganda’’ legislation in countries across 2 Eastern Europe and Central Asia, including in 3 Moldova, Kyrgyzstan, and Belarus. 4 (8) In December 2013, the Government of Ni- 5 geria adopted a law that further criminalized same- 6 sex relations and support for LGBTI people, endan- 7 gering neighbors, friends, doctors, and landlords of 8 LGBTI people. 9 (9) Several countries in South Asia continue to 10 have draconian laws that criminalize homosexual 11 acts which place LGBTI people in danger and un- 12 dermines their ability to live free from persecution. 13 (10) In April 2014, the Supreme Court of India 14 recognized transgender people as a third gender, im- 15 proving the legal rights of transgender people in that 16 country. Though an important step, the decision 17 does not grant full legal rights to transgender peo- 18 ple. 19 (11) In February 2014, the Government of 20 Uganda adopted a law making ‘‘aggravated homo- 21 sexuality’’ a crime punishable with life imprisonment 22 and concurrently, the Government of Uganda also 23 passed laws severely limiting the basic freedoms of 24 speech and assembly for LGBTI citizens. While the 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 6 •S 3020 IS Constitutional Court overturned the Anti-Homosex- 1 uality Act on a technicality in August 2014, LGBTI 2 Ugandans continue to be subjected to discrimination 3 and violence, and their government has in recent 4 years forcibly shut down even private Pride celebra- 5 tions in Kampala. 6 (12) On April 1, 2017, the Russian newspaper 7 Novaya Gazeta reported that the government of the 8 autonomous republic of Chechnya had been arrest- 9 ing, detaining, and torturing gay and bisexual men 10 in secret prisons since early 2017. International 11 human rights groups and Russian LGBTI rights ac- 12 tivists estimate that as many as 20 people may have 13 been murdered thus far and potentially over 200 14 people were detained during the purge. 15 (13) On May 23, 2017, two gay men were pub- 16 licly caned in the Indonesian province of Aceh, while 17 thousands of spectators snapped pictures outside a 18 mosque as the brutal punishment was meted out. 19 Several times in 2017, Indonesian police have ar- 20 rested men at private parties, sometimes releasing 21 their photographs to the news media, endangering 22 their lives. 23 (14) In September 2017, reports emerged from 24 Azerbaijan that authorities had begun a crackdown 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 7 •S 3020 IS on gay men and transgender women, arresting more 1 than 60 and subjecting them to beatings, harass- 2 ment, torture, and blackmail. 3 (15) In September 2017, Egyptian authorities 4 arrested seven people for the ‘‘crime’’ of raising a 5 rainbow flag at a concert in Cairo in September 6 2017, leading to a wider crackdown on LGBTI 7 Egyptians. 8 (16) From September 2017 until the end of the 9 year, over 70 LGBTI Egyptians were arrested, with 10 dozens receiving prison sentences of up to 6 years. 11 In late 2017, Egyptian authorities instructed local 12 media to delete any positive references to LGBTI 13 people, and lawmakers proposed a bill that would 14 criminalize LGBTI people and their allies. 15 (17) Anti-LGBTI laws not only endanger all 16 LGBTI individuals, but also pose serious risks for 17 those associated with or caring for LGBTI people. 18 Studies have shown that when LGBTI people, espe- 19 cially LGBTI youth, face discrimination, they are 20 less likely to seek HIV testing, prevention, and 21 treatment services. 22 (18) According to the Trans Murder Monitoring 23 Project, which monitors homicides of transgender in- 24 dividuals, 2,343 transgender and gender-diverse peo- 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 8 •S 3020 IS ple were murdered between 2008 and 2016, in 69 1 countries. Violence against transgender individuals is 2 particularly alarming in Brazil, where 938 3 transgender individuals were murdered during this 4 time span. 5 (19) According to the International Guidelines 6 on HIV/AIDS and Human Rights, as published by 7 the United Nations High Commissioner for Human 8 Rights, and according to the July 2017 report of the 9 Independent Expert on protection against violence 10 and discrimination based on sexual orientation and 11 gender identity, countries should review and reform 12 criminal laws and correctional systems to ensure 13 that they are consistent with international human 14 rights obligations and are not misused or targeted 15 against vulnerable groups. 16 (20) Removing institutionalized discrimination 17 and targeted persecution against LGBTI people 18 around the world is a critical step in the promotion 19 of human rights and global health internationally. 20 (21) Anti-LGBTI laws and discrimination pose 21 significant risks for LGBTI youth who come out to 22 their family or community and often face rejection, 23 homelessness, and limited educational and economic 24 opportunities. These factors contribute to increased 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 9 •S 3020 IS risks of substance abuse, suicide, and HIV infection 1 among LGBTI youth. 2 (22) On December 6, 2011, President Barack 3 Obama released the Presidential Memorandum— 4 International Initiatives to Advance the Human 5 Rights of Lesbian, Gay, Bisexual, and Transgender 6 Persons. The memorandum directed all Federal 7 agencies engaged abroad to ensure that United 8 States diplomacy and foreign assistance promote and 9 protect the human rights of LGBTI persons. 10 (23) On February 23, 2015, Secretary of State 11 John Kerry appointed senior diplomat Randy Berry 12 as the State Department’s first-ever Special Envoy 13 for the Human Rights of LGBTI Persons. 14 (24) On June 30, 2016, the United Nations 15 Human Rights Council passed a resolution cospon- 16 sored by the United States that established an inde- 17 pendent expert on violence and discrimination based 18 on sexual orientation and gender identity to help 19 monitor and track discrimination and violence expe- 20 rienced by LGBTI persons around the world. 21 (25) In November 2016, Tanzania placed a ban 22 on all HIV and AIDS outreach projects aimed at 23 gay men, including those funded by the President’s 24 Emergency Plan for AIDS Relief. This forced the 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 10 •S 3020 IS closure of United States-funded programs providing 1 testing, condoms, and care to gay men, exacerbating 2 the health needs of gay men in Tanzania, about 30 3 percent of whom are HIV positive. 4 (26) In February 2017, three transgender 5 women were murdered in El Salvador with impunity, 6 leading the United Nations to call for an investiga- 7 tion into crimes against sexual and gender minorities 8 in that country. A 2016 report noted that 9 transgender women in El Salvador have an average 10 life expectancy of less than 35 years due to violence, 11 discrimination, and femicide. 12 SEC. 4. STATEMENT OF POLICY. 13 It is the policy of the United States— 14 (1) to take effective action to prevent and re- 15 spond to discrimination and violence against all peo- 16 ple on any basis internationally, including sexual ori- 17 entation, gender identity, and sex characteristics, 18 and that human rights policy includes attention to 19 criminalization, hate crimes, and other discrimina- 20 tion against LGBTI people; 21 (2) to systematically integrate and coordinate 22 into United States foreign policy efforts to prevent 23 and respond to criminalization, discrimination, and 24 violence against LGBTI people internationally; 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 11 •S 3020 IS (3) to support and build local capacity in coun- 1 tries around the world, including of governments at 2 all levels and nongovernmental organizations, to pre- 3 vent and respond to criminalization, discrimination, 4 and violence against LGBTI people internationally; 5 (4) to consult, cooperate, coordinate, and col- 6 laborate with a wide variety of nongovernmental 7 partners, including faith-based organizations and 8 LGBTI-led organizations, with demonstrated experi- 9 ence in preventing and responding to criminalization, 10 discrimination, and violence against LGBTI people 11 internationally; 12 (5) to employ a multisectoral approach to pre- 13 venting and responding to criminalization, discrimi- 14 nation, and violence against LGBTI people inter- 15 nationally, including activities in the economic, edu- 16 cation, health, nutrition, legal, and judicial sectors; 17 (6) to work at all levels, from the individual to 18 the family, community, local, national, and inter- 19 national levels, to prevent and respond to criminal- 20 ization, discrimination, and violence against LGBTI 21 people internationally; 22 (7) to enhance training by United States per- 23 sonnel of professional foreign military and police 24 forces and judicial officials to include appropriate 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 12 •S 3020 IS and thorough LGBTI-specific instruction on pre- 1 venting and responding to criminalization, discrimi- 2 nation, and violence based on sexual orientation and 3 gender identity; 4 (8) to engage non-LGBTI people as allies and 5 partners, as an essential element of making sus- 6 tained reductions in criminalization, discrimination, 7 and violence against LGBTI people internationally; 8 (9) to require that all Federal contractors and 9 grant recipients in the United States Government’s 10 international programs establish appropriate policies 11 and take effective measures to ensure the protection 12 and safety of their staff and workplace, including 13 from discrimination and violence directed against 14 LGBTI people and those who provide services to 15 them; 16 (10) to exert sustained international leadership, 17 including in bilateral and multilateral fora, to pre- 18 vent and respond to criminalization, discrimination, 19 and violence against LGBTI people internationally; 20 (11) to fully implement and expand upon the 21 policies outlined in the Presidential Memorandum— 22 International Initiatives to Advance the Human 23 Rights of Lesbian, Gay, Bisexual, and Transgender 24 Persons; 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 13 •S 3020 IS (12) to ensure that international efforts to com- 1 bat HIV/AIDS take all appropriate measures to sup- 2 port at-risk communities, including LGBTI people, 3 and to create enabling legal environments for these 4 communities; 5 (13) to work with governments and nongovern- 6 mental partners around the world to develop and im- 7 plement regional strategies to decriminalize homo- 8 sexuality and to counteract the prohibition of public 9 support of LGBTI people; and 10 (14) to ensure that those who have a well- 11 founded fear of persecution on account of being 12 LGBTI or supporting LGBTI rights have the oppor- 13 tunity to seek protection in the United States. 14 SEC. 5. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBTI 15 PEOPLE. 16 (a) ESTABLISHMENT.—The Secretary of State shall 17 establish in the Bureau of Democracy, Human Rights, 18 and Labor (DRL) of the Department of State a perma- 19 nent Special Envoy for the Human Rights of LGBTI Peo- 20 ples (in this section referred to as the ‘‘Special Envoy’’), 21 who shall be appointed by the President. The Special 22 Envoy shall report directly to the Assistant Secretary for 23 DRL. 24 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 14 •S 3020 IS (b) PURPOSE.—In addition to the duties described in 1 subsection (c) and those duties determined by the Sec- 2 retary of State, the Special Envoy shall direct efforts of 3 the United States Government relating to United States 4 foreign policy, as directed by the Secretary, regarding 5 human rights abuses against LGBTI people and commu- 6 nities internationally and the advancement of human 7 rights for LGBTI people, and shall represent the United 8 States internationally in bilateral and multilateral engage- 9 ment on such matters. 10 (c) DUTIES.— 11 (1) IN GENERAL.—The Special Envoy— 12 (A) shall serve as the principal advisor to 13 the Secretary of State regarding human rights 14 for LGBTI people internationally; 15 (B) shall, notwithstanding any other provi- 16 sion of law, direct activities, policies, programs, 17 and funding relating to the human rights of 18 LGBTI people and the advancement of LGBTI 19 equality initiatives internationally, for all bu- 20 reaus and offices of the Department of State 21 and shall lead the coordination of relevant 22 international programs for all other Federal 23 agencies relating to such matters; 24 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 15 •S 3020 IS (C) shall represent the United States in 1 diplomatic matters relevant to the human rights 2 of LGBTI people, including criminalization, dis- 3 crimination, and violence against LGBTI people 4 internationally; 5 (D) shall direct, as appropriate, United 6 States Government resources to respond to 7 needs for protection, integration, resettlement, 8 and empowerment of LGBTI people in United 9 States Government policies and international 10 programs, including to prevent and respond to 11 criminalization, discrimination, and violence 12 against LGBTI people internationally; 13 (E) shall design, support, and implement 14 activities regarding support, education, resettle- 15 ment, and empowerment of LGBTI people 16 internationally, including for the prevention and 17 response to criminalization, discrimination, and 18 violence against LGBTI people internationally; 19 (F) shall lead interagency coordination be- 20 tween the foreign policy priorities related to the 21 human rights of LGBTI people and the devel- 22 opment assistance priorities of the LGBTI Co- 23 ordinator of the United States Agency for 24 International Development; 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 16 •S 3020 IS (G) shall conduct regular consultation with 1 nongovernmental organizations working to pre- 2 vent and respond to criminalization, discrimina- 3 tion, and violence against LGBTI people inter- 4 nationally; 5 (H) shall ensure that programs, projects, 6 and activities of the Department of State and 7 the United States Agency for International De- 8 velopment designed to prevent and respond to 9 criminalization, discrimination, and violence 10 against LGBTI people internationally are sub- 11 ject to rigorous monitoring and evaluation, and 12 that there is a uniform set of indicators and 13 standards for such monitoring and evaluation 14 that is used across international programs in 15 Federal agencies; and 16 (I) is authorized to represent the United 17 States in bilateral and multilateral fora on mat- 18 ters relevant to the human rights of LGBTI 19 people internationally, including criminalization, 20 discrimination, and violence against LGBTI 21 people internationally. 22 (2) DATA REPOSITORY.—The Bureau of De- 23 mocracy, Human Rights, and Labor shall— 24 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 17 •S 3020 IS (A) be the central repository of data on all 1 United States programs, projects, and activities 2 that relate to prevention and response to crim- 3 inalization, discrimination, and violence against 4 LGBTI people internationally; and 5 (B) produce— 6 (i) a full accounting of United States 7 Government spending on such programs, 8 projects, and activities; and 9 (ii) evaluations of the effectiveness of 10 such programs, projects, and activities. 11 (d) BRIEFINGS AND ASSESSMENTS.—Not later than 12 180 days after the date of the enactment of this Act and 13 annually thereafter, the Special Envoy shall— 14 (1) brief the appropriate congressional commit- 15 tees on the status of the human rights of LGBTI 16 people internationally, as well as on the status of 17 programs and response strategies to address crim- 18 inalization, discrimination, and violence against 19 LGBTI people internationally; and 20 (2) submit to the appropriate congressional 21 committees an assessment of human and financial 22 resources necessary to fulfill the purposes and duties 23 of this Act. 24 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 18 •S 3020 IS (e) UNITED STATES POLICY TO PREVENT AND RE- 1 SPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIO- 2 LENCE AGAINST LGBTI PEOPLE GLOBALLY.— 3 (1) GLOBAL STRATEGY REQUIREMENT.—Not 4 later than 180 days after the date of the enactment 5 of this Act and annually thereafter for each of the 6 following five years, the Special Envoy shall develop 7 or update, as the case may be, a United States glob- 8 al strategy to prevent and respond to criminaliza- 9 tion, discrimination, and violence against LGBTI 10 people internationally. The Special Envoy shall sub- 11 mit to the appropriate congressional committees 12 such global strategy and, if practicable, made such 13 global strategy available to the public. 14 (2) COLLABORATION AND COORDINATION.—In 15 developing the global strategy described in para- 16 graph (1), the Special Envoy shall consult with— 17 (A) mid- and high-level officials of relevant 18 Federal agencies; and 19 (B) representatives of nongovernmental or- 20 ganizations with demonstrated experience in ad- 21 dressing criminalization, discrimination, and vi- 22 olence against LGBTI people internationally or 23 promoting equal rights for LGBTI people inter- 24 nationally. 25 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 19 •S 3020 IS (f) MONITORING THE UNITED STATES STRATEGY TO 1 PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMI- 2 NATION, AND VIOLENCE AGAINST THE LGBTI PEOPLE 3 AND COMMUNITIES INTERNATIONALLY.— 4 (1) IN GENERAL.—In each global strategy sub- 5 mitted under subsection (e), the Special Envoy shall 6 include an analysis of best practices for preventing 7 and addressing criminalization, discrimination, and 8 violence against LGBTI people and communities 9 internationally, including— 10 (A) a description of successful efforts by 11 foreign governments and nongovernmental or- 12 ganizations to prevent and respond to criminal- 13 ization, discrimination, and violence against 14 LGBTI people and communities internationally; 15 (B) recommendations related to best prac- 16 tices, effective strategies, and improvements to 17 enhance the impact of such prevention and re- 18 sponse efforts; and 19 (C) the impact of activities funded by such 20 global strategy in preventing and reducing 21 criminalization, discrimination, and violence 22 against LGBTI people and communities inter- 23 nationally. 24 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 20 •S 3020 IS (2) INFORMATION REQUIRED TO BE INCLUDED 1 IN ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 2 PRACTICES.— 3 (A) SECTION 116.—Subsection (d) of sec- 4 tion 116 of the Foreign Assistance Act of 1961 5 (22 U.S.C. 2151n) is amended— 6 (i) in paragraph (11)(C), by striking 7 ‘‘and’’ after the semicolon at the end; 8 (ii) in paragraph (12)(C)(ii), by strik- 9 ing the period at the end and inserting ‘‘; 10 and’’; and 11 (iii) by adding at the end the fol- 12 lowing new paragraph: 13 ‘‘(13) wherever applicable, the nature and ex- 14 tent of criminalization, discrimination, and violence 15 based on sexual orientation and gender identity, in- 16 cluding an identification of those countries that have 17 adopted laws or constitutional provisions that crim- 18 inalize or discriminate based on sexual orientation or 19 gender identity (as such terms are defined in section 20 2 of the International Human Rights Defense Act of 21 2018), including detailed descriptions of such laws 22 and provisions.’’. 23 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 21 •S 3020 IS (B) SECTION 502B.—Section 502B of the 1 Foreign Assistance Act of 1961 (22 U.S.C. 2 2304) is amended— 3 (i) by redesignating the second sub- 4 section (i) (relating to child marriage sta- 5 tus) as subsection (j); and 6 (ii) by adding at the end the following 7 new subsection: 8 ‘‘(k) SEXUAL ORIENTATION AND GENDER IDEN- 9 TITY.—The report required under subsection (b) shall in- 10 clude, wherever applicable, the nature and extent of crim- 11 inalization, discrimination, and violence based on sexual 12 orientation and gender identity, including an identification 13 of those countries that have adopted laws or constitutional 14 provisions that criminalize or discriminate based on sexual 15 orientation or gender identity (as such terms are defined 16 in section 2 of the International Human Rights Defense 17 Act of 2018), including detailed descriptions of such laws 18 and provisions.’’. 19 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 22 •S 3020 IS SEC. 6. IMPLEMENTATION OF THE UNITED STATES STRAT- 1 EGY TO PREVENT AND RESPOND TO CRIM- 2 INALIZATION, DISCRIMINATION, AND VIO- 3 LENCE AGAINST LGBTI PEOPLE AND COMMU- 4 NITIES INTERNATIONALLY. 5 The Secretary of State and the Administrator of the 6 United States Agency for International Development are 7 authorized to provide assistance to prevent and respond 8 to criminalization, discrimination, and violence against 9 LGBTI people internationally. Such assistance may in- 10 clude the following activities: 11 (1) Development and implementation of pro- 12 grams, such as the Global Equality Fund of the De- 13 partment of State, that respond to human rights 14 abuses and economic exclusion of LGBTI people in 15 the workplace and in public. 16 (2) Development and enforcement of civil and 17 criminal legal and judicial sanctions, protection, 18 training, and capacity. 19 (3) Enhancement of health sector capacity to 20 detect, prevent, and respond to violence against 21 LGBTI people and communities internationally, and 22 to combat HIV/AIDS in the LGBTI community 23 internationally, in close coordination with the Office 24 of the Global AIDS Coordinator and Health Diplo- 25 macy of the Department of State. 26 VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS 23 •S 3020 IS (4) Development of a leadership program for 1 international LGBTI activists that will foster col- 2 laboration and knowledge sharing across the world. 3 Æ VerDate Sep 11 2014 04:37 Jun 08, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6301 E:\BILLS\S3020.IS S3020 dlhill on DSK3GLQ082PROD with BILLS