Text of US SB 3426 (2025)
International Human Rights Defense Act of 2025
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As introduced
27,346 characters
II
119TH CONGRESS
1ST SESSION
S. 3426
To establish in the Department of State a Special Envoy for the Human
Rights of LGBTQI+ People, and for other purposes.
IN THE SENATE OF THE UNITED STATES
DECEMBER 10, 2025
Mr. MARKEY (for himself, Ms. ALSOBROOKS, Ms. BALDWIN, Mr. BENNET,
Mr. BLUMENTHAL, Mr. BOOKER, Ms. CANTWELL, Mr. COONS, Ms. COR-
TEZ MASTO, Ms. DUCKWORTH, Mr. FETTERMAN, Mrs. GILLIBRAND, Mr.
HEINRICH, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Mr. KELLY,
Mr. LUJA´N, Mr. MERKLEY, Mr. MURPHY, Mrs. MURRAY, Mr. PADILLA,
Mr. PETERS, Ms. ROSEN, Mr. SANDERS, Mr. SCHATZ, Mr. SCHIFF, Mrs.
SHAHEEN, Ms. SMITH, Mr. VAN HOLLEN, Mr. WELCH, Mr. WYDEN, Ms.
WARREN, and Mr. DURBIN) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
A BILL
To establish in the Department of State a Special Envoy
for the Human Rights of LGBTQI+ People, 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 2025’’.
5
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SEC. 2. FINDINGS.
1
Congress makes the following findings:
2
(1) Around the world, LGBTQI+ people face
3
criminalization, violence, discrimination, and stigma
4
based on their sexual orientation, gender identity, or
5
sex characteristics.
6
(2) Sixty-four countries have national laws that
7
criminalize same-sex relations and at least 42
8
United Nations member states have legal barriers
9
for freedom of expression on issues related to sexual
10
and gender diversity. That is equal to roughly 35
11
percent of United Nations member states.
12
(3) Eleven countries have jurisdictions in which
13
the death penalty can be imposed for private, con-
14
sensual, same-sex sexual activity.
15
(4) Despite recent progress made toward de-
16
criminalization, marriage equality, and legal gender
17
recognition, several countries have introduced anti-
18
LGBTQI+ legislation that would further criminalize
19
or stigmatize LGBTQI+ people. This includes a
20
draconian bill under review in Ghana that would
21
outlaw LGBTQI+ relationships and identities, but
22
also advocacy on behalf of the human rights of
23
LGBTQI+ persons.
24
(5) Human Rights Watch and other human
25
rights organizations have documented the use of the
26
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forensically discredited practice of forced anal exams
1
to try to substantiate allegations of same-sex sexual
2
activity. This humiliating practice is typically con-
3
ducted by law enforcement officials working in tan-
4
dem with medical personnel. The United Nations
5
Special Rapporteur on Torture has described forced
6
anal examinations as a form of torture or cruel, in-
7
human and degrading treatment, and the United
8
Nations Office of the High Commissioner for
9
Human Rights issued a report in 2015 calling for
10
governments to ban the practice.
11
(6) Around the world, freedom of association is
12
increasingly under attack, with the passage and en-
13
forcement of laws that prevent or revoke the reg-
14
istration of nongovernmental organizations, particu-
15
larly those working to advance and defend the
16
human rights of LGBTQI+ persons.
17
(7) Extreme violence and insecurity in Latin
18
America has driven LGBTQI+ people to flee their
19
countries of origin to the United States for protec-
20
tion. Yes, LGBTQI+ asylum seekers are routinely
21
denied entry and face additional violence, and many
22
have been returned to face persecution in their home
23
countries or in third countries that are not safe.
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(8) Laws, policies, and practices that crim-
1
inalize and stigmatize LGBTQI+ people deter indi-
2
viduals and communities from seeking health care.
3
Gay, bisexual, and other men who have sex with men
4
and transgender people are particularly vulnerable to
5
discrimination and exclusion in health care settings,
6
thereby increasing the risk of HIV transmission. De-
7
criminalization and stigma reduction are necessary
8
to achieve global targets for epidemic control of
9
HIV.
10
(9) The Trans Murder Monitoring Project,
11
which monitors homicides of transgender individuals,
12
documented at least 350 trans and gender-diverse
13
people killed between October 1, 2023, and Sep-
14
tember 30, 2024. Of these cases, 73 percent of mur-
15
ders occurred in Latin America and the Caribbean,
16
with 30 percent of the total occurring in Brazil.
17
(10) Intersex people are subject to medically
18
unnecessary surgeries, often without prior and in-
19
formed consent, leading to lifelong medical complica-
20
tions and increased mistrust of health care pro-
21
viders. Intersex people experience widespread dis-
22
crimination and lack of understanding about their
23
medical needs.
24
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(11) Violence and discrimination based on sex-
1
ual orientation, gender identity (including gender ex-
2
pression), and sex characteristics are documented in
3
the Department of State’s annual Country Reports
4
on Human Rights Practices. The report covering
5
2023 continues to show a clear pattern of human
6
rights violations or abuses in every region of the
7
world based on sexual orientation, gender identity,
8
or sex characteristics. These violations or abuses in-
9
clude murder, rape, torture, death threats, extortion,
10
and imprisonment, as well as loss of employment,
11
housing, access to health care, and other forms of
12
societal stigma and discrimination. The reports fur-
13
ther document LGBTQI+-specific restrictions on
14
basic freedoms of assembly, press, and speech in
15
every region of the world.
16
(12) On December 6, 2011, President Barack
17
Obama released the ‘‘Presidential Memorandum—
18
International Initiatives to Advance the Human
19
Rights of Lesbian, Gay, Bisexual, and Transgender
20
Persons’’. The memorandum directed all Federal
21
agencies engaged abroad to ensure that United
22
States diplomacy and foreign assistance promote and
23
protect the human rights of LGBTI+ persons.
24
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(13) On February 4, 2021, President Joe Biden
1
issued a similar memorandum, the ‘‘Memorandum
2
on Advancing the Human Rights of Lesbian, Gay,
3
Bisexual, Transgender, Queer, and Intersex Persons
4
Around the World’’, to promote and protect the
5
human rights of LGBTQI+ persons and establish
6
that it is the ‘‘policy of the United States to pursue
7
an end to violence and discrimination on the basis
8
of sexual orientation, gender identity or expression,
9
or sex characteristics, and to lead by the power of
10
our example in the cause of advancing the human
11
rights of LGBTQI+ persons around the world’’.
12
(14) On February 23, 2015, Secretary of State
13
John Kerry appointed senior diplomat Randy Berry
14
as the Department of State’s first-ever Special
15
Envoy for the Human Rights of LGBTI Persons.
16
No person was named to that position during the
17
Trump Administration.
18
(15) On June 25, 2021, President Joe Biden
19
announced the appointment of Jessica Stern to serve
20
as the United States Special Envoy to Advance the
21
Human Rights of LGBTQI+ Persons. She joined
22
the Department of State on September 27, 2021.
23
(16) On June 30, 2016, the United Nations
24
Human Rights Council passed a resolution cospon-
25
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sored by the United States that established an Inde-
1
pendent Expert on violence and discrimination based
2
on sexual orientation and gender identity to help
3
monitor and track discrimination and violence expe-
4
rienced by LGBTQI+ persons around the world.
5
(17) In May 2020, the United Nations Inde-
6
pendent Expert on protection against violence and
7
discrimination based on sexual orientation and gen-
8
der identity released a report on so-called ‘‘conver-
9
sion therapy’’, which is an umbrella term used to de-
10
scribe interventions based on a belief that a person’s
11
sexual orientation or gender identity can and should
12
be changed. The report concluded that such prac-
13
tices represent significant violations of rights to per-
14
sonal autonomy, health, and free expression and are
15
‘‘by their very nature degrading, inhuman and cruel
16
and create a significant risk of torture’’. The Inde-
17
pendent Expert noted ‘‘the psychological pain and
18
suffering inflicted by practices of ‘conversion ther-
19
apy’ are deep and long-lasting and often exacerbate
20
the risk of suicide,’’ and called for a global ban on
21
conversion therapy.
22
SEC. 3. STATEMENT OF POLICY.
23
It is the policy of the United States—
24
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(1) to take effective action to prevent and re-
1
spond to discrimination and violence against all peo-
2
ple on any basis internationally, including sexual ori-
3
entation, gender identity, and sex characteristics,
4
and that human rights policy includes attention to
5
criminalization, violence, and other discrimination
6
against LGBTQI+ people;
7
(2) to systematically integrate and coordinate
8
into United States foreign policy efforts to prevent
9
and respond to criminalization, discrimination, and
10
violence against LGBTQI+ people internationally;
11
(3) to support and build local capacity in coun-
12
tries around the world, including of governments at
13
all levels and nongovernmental organizations, to pre-
14
vent and respond to criminalization, discrimination,
15
and violence against LGBTQI+ people internation-
16
ally;
17
(4) to consult, cooperate, coordinate, and col-
18
laborate with a wide variety of nongovernmental
19
partners, including faith-based organizations and
20
LGBTQI+-led organizations, with demonstrated ex-
21
perience in preventing and responding to criminal-
22
ization,
discrimination,
and
violence
against
23
LGBTQI+ people internationally;
24
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(5) to employ a multisectoral approach to pre-
1
venting and responding to criminalization, discrimi-
2
nation, and violence against LGBTQI+ people inter-
3
nationally, including activities in the economic, edu-
4
cation, health, nutrition, legal, and judicial sectors;
5
(6) to work at all levels, from the individual to
6
the family, community, local, national, and inter-
7
national levels, to prevent and respond to criminal-
8
ization,
discrimination,
and
violence
against
9
LGBTQI+ people internationally;
10
(7) to enhance training by United States per-
11
sonnel of professional foreign military and police
12
forces and judicial officials to include appropriate
13
and thorough LGBTQI+-specific instruction on pre-
14
venting and responding to criminalization, discrimi-
15
nation, and violence based on sexual orientation,
16
gender identity, and sex characteristics;
17
(8) to engage non-LGBTQI+ people as allies
18
and partners, as an essential element of making sus-
19
tained reductions in criminalization, discrimination,
20
and violence against LGBTQI+ people internation-
21
ally;
22
(9) to require that all recipients of Federal
23
funding, including all contractors, grants, and coop-
24
erative agreements for both acquisition and assist-
25
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ance, establish appropriate nondiscrimination poli-
1
cies that are inclusive of sexual orientation, gender
2
identity, and sex characteristics, among other char-
3
acteristics and protected statuses, and take effective
4
measures to ensure the protection and safety of em-
5
ployed and contracted staff, as well as the protection
6
of the program beneficiaries;
7
(10) to exert sustained international leadership,
8
including in bilateral and multilateral fora, to pre-
9
vent and respond to criminalization, discrimination,
10
and violence against LGBTQI+ people internation-
11
ally;
12
(11) to ensure that international efforts to com-
13
bat HIV/AIDS take all appropriate measures to sup-
14
port at-risk communities, including LGBTQI+ peo-
15
ple, and to create enabling legal environments for
16
these communities;
17
(12) to work with governments and nongovern-
18
mental organizations around the world to develop
19
and implement regional strategies to decriminalize
20
homosexuality and to counteract other restrictions
21
on the human rights of LGBTQI+ people, including
22
restrictions on LGBTQI+ organizations and so-
23
called LGBTQI+ propaganda laws; and
24
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(13) to ensure that individuals who have a well-
1
founded fear of persecution on account of being
2
LGBTQI+ or supporting LGBTQI+ rights have
3
the opportunity to seek protection in the United
4
States.
5
SEC. 4. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF
6
LGBTQI+ PEOPLE.
7
(a) ESTABLISHMENT.—The Secretary of State shall
8
establish in the Department of State a permanent Special
9
Envoy for the Human Rights of LGBTQI+ People (re-
10
ferred to in this section as the ‘‘Special Envoy’’), who shall
11
be appointed by the President at the rank of Ambassador,
12
by and with the advice and consent of the Senate.
13
(b) PURPOSE.—In addition to the duties described in
14
subsection (c) and those duties determined by the Presi-
15
dent and the Secretary of State, the Special Envoy shall
16
direct efforts of the United States Government relating
17
to United States foreign policy, as directed by the Presi-
18
dent and the Secretary, regarding human rights abuses
19
against LGBTQI+ people and communities internation-
20
ally and the advancement of human rights for LGBTQI+
21
people, and shall represent the United States internation-
22
ally in bilateral and multilateral engagement on such mat-
23
ters.
24
(c) DUTIES.—The Special Envoy shall—
25
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(1) serve as the principal advisor to the Sec-
1
retary of State regarding the human rights of
2
LGBTQI+ people internationally; and
3
(2) at the direction of the Secretary of State—
4
(A) notwithstanding any other provision of
5
law—
6
(i) direct activities, policies, programs,
7
and funding relating to the human rights
8
of LGBTQI+ people and the advancement
9
of LGBTQI+ human rights and social in-
10
clusion initiatives internationally, for all
11
bureaus and offices of the Department of
12
State; and
13
(ii) lead the coordination of relevant
14
United States Government policies and
15
international programs for all other Fed-
16
eral agencies relating to such matters;
17
(B) represent the United States in diplo-
18
matic matters, including in bilateral and multi-
19
lateral forums, relevant to the human rights
20
and social inclusion of LGBTQI+ people, in-
21
cluding addressing criminalization, discrimina-
22
tion, and violence against LGBTQI+ people
23
internationally;
24
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(C) 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
4
States Government policies and international
5
programs, including to prevent and respond to
6
criminalization, discrimination, and violence
7
against LGBTQI+ people internationally;
8
(D) lead interagency coordination on the
9
foreign policy, humanitarian, and development
10
priorities related to the human rights of
11
LGBTQI+ people internationally; and
12
(E) conduct regular consultations with
13
nongovernmental organizations working to pre-
14
vent and respond to criminalization, discrimina-
15
tion, and violence against LGBTQI+ people
16
internationally.
17
(d) BRIEFINGS AND ASSESSMENTS.—Not later than
18
180 days after the date of the enactment of this Act, and
19
annually thereafter, the Special Envoy shall provide a
20
briefing to the appropriate congressional committees on
21
the status of—
22
(1) the human rights and social inclusion of
23
LGBTQI+ people internationally; and
24
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(2) programs and response strategies of the
1
United States Government to address criminaliza-
2
tion, discrimination, and violence against LGBTQI+
3
people internationally.
4
(e) UNITED STATES POLICY TO PREVENT AND RE-
5
SPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIO-
6
LENCE AGAINST LGBTQI+ PEOPLE GLOBALLY.—
7
(1) GLOBAL
STRATEGY
REQUIREMENT.—Not
8
later than 180 days after the date of the enactment
9
of this Act, and biannually thereafter, the Special
10
Envoy shall—
11
(A) develop or update a United States
12
global strategy to prevent and respond to crim-
13
inalization, discrimination, and violence against
14
LGBTQI+ people internationally; and
15
(B) submit the global strategy to the ap-
16
propriate congressional committees and, if prac-
17
ticable, make the global strategy available to
18
the public.
19
(2) COLLABORATION AND COORDINATION.—In
20
developing the global strategy required under para-
21
graph (1), the Special Envoy shall consult with—
22
(A) mid- and high-level officials of relevant
23
Federal agencies; and
24
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(B) representatives of nongovernmental or-
1
ganizations with demonstrated experience in ad-
2
dressing criminalization, discrimination, and vi-
3
olence against LGBTQI+ people internationally
4
or promoting equal rights and social inclusion
5
for LGBTQI+ people internationally.
6
(f) MONITORING THE UNITED STATES STRATEGY TO
7
PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMI-
8
NATION, AND VIOLENCE AGAINST LGBTQI+ PEOPLE
9
AND COMMUNITIES INTERNATIONALLY.—In each global
10
strategy submitted pursuant to subsection (e)(2), the Spe-
11
cial Envoy shall include an analysis of promising practices
12
for preventing and addressing criminalization, discrimina-
13
tion, and violence against LGBTQI+ people and commu-
14
nities internationally, including—
15
(1) a description of successful efforts by foreign
16
governments and nongovernmental organizations to
17
prevent and respond to criminalization, discrimina-
18
tion, and violence against LGBTQI+ people and
19
communities internationally;
20
(2) recommendations related to promising prac-
21
tices, effective strategies, and improvements to en-
22
hance the impact of such prevention and response
23
efforts; and
24
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(3) the impact of activities funded by the global
1
strategy in preventing and reducing criminalization,
2
discrimination, and violence against LGBTQI+ peo-
3
ple and communities internationally.
4
SEC. 5. DOCUMENTING AND RESPONDING TO BIAS-MOTI-
5
VATED VIOLENCE AGAINST LGBTQI+ PEOPLE
6
ABROAD.
7
(a) INFORMATION REQUIRED TO BE INCLUDED IN
8
ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRAC-
9
TICES.—
10
(1) SECTION 116.—Section 116(d) of the For-
11
eign Assistance Act of 1961 (22 U.S.C. 2151n(d))
12
is amended—
13
(A) in paragraph (11)(C), by striking ‘‘;
14
and’’ and inserting a semicolon;
15
(B) in paragraph (12)(C)(ii), by striking
16
the period at the end and inserting ‘‘; and’’;
17
and
18
(C) by adding at the end the following:
19
‘‘(13) wherever applicable, the nature and ex-
20
tent of criminalization, discrimination, and violence
21
by state and non-state actors based on sexual ori-
22
entation or gender identity (as such terms are de-
23
fined in section 7 of the International Human
24
Rights Defense Act of 2025) or sex characteristics,
25
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•S 3426 IS
including an identification of those countries that
1
have adopted laws or constitutional provisions that
2
criminalize or discriminate based on such sexual ori-
3
entation, gender identity, or sex characteristics, in-
4
cluding descriptions of such laws and provisions.’’.
5
(2) SECTION 502B.—Section 502B of the For-
6
eign Assistance Act of 1961 (22 U.S.C. 2304) is
7
amended—
8
(A) by redesignating the second subsection
9
(i) (relating to child marriage status) as sub-
10
section (j); and
11
(B) by adding at the end the following:
12
‘‘(k) SEXUAL ORIENTATION, GENDER IDENTITY,
13
AND SEX CHARACTERISTICS.—The report required under
14
subsection (b) shall include, wherever applicable, the na-
15
ture and extent of criminalization, discrimination, and vio-
16
lence by state and non-state actors based on sexual ori-
17
entation or gender identity, as those terms are defined in
18
section 7 of the International Human Rights Defense Act
19
of 2025, or sex characteristics, including an identification
20
of those countries that have adopted laws or constitutional
21
provisions that criminalize or discriminate based on such
22
sexual orientation, gender identity, or sex characteristics,
23
including descriptions of such laws and provisions.’’.
24
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SEC. 6. IMPLEMENTATION OF THE UNITED STATES STRAT-
1
EGY TO PREVENT AND RESPOND TO CRIM-
2
INALIZATION,
DISCRIMINATION,
AND
VIO-
3
LENCE AGAINST LGBTQI+ PEOPLE AND COM-
4
MUNITIES INTERNATIONALLY.
5
The Secretary of State is authorized to provide assist-
6
ance to prevent and respond to criminalization, discrimi-
7
nation, and violence against LGBTQI+ people inter-
8
nationally by—
9
(1) developing and implementing assistance pro-
10
grams that respond to human rights abuses against,
11
and the social and economic exclusion of, LGBTQI+
12
people;
13
(2) supporting and capacity building for the de-
14
velopment and enforcement of the laws of foreign
15
governments pertaining to relevant civil and criminal
16
legal and judicial sanctions, protection, and training;
17
(3) enhancing health sector capacity—
18
(A) to detect, prevent, and respond to vio-
19
lence against LGBTQI+ people and commu-
20
nities internationally; and
21
(B)
to
combat
HIV/AIDS
in
the
22
LGBTQI+ community internationally, in close
23
coordination with the Office of the Global AIDS
24
Coordinator and Health Diplomacy of the De-
25
partment of State; and
26
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•S 3426 IS
(4) developing a leadership program for inter-
1
national LGBTQI+ activists that will foster collabo-
2
ration and knowledge sharing around the world.
3
SEC. 7. DEFINITIONS.
4
In this Act:
5
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
6
TEES.—The term ‘‘appropriate congressional com-
7
mittees’’ means—
8
(A) the Committee on Foreign Relations of
9
the Senate;
10
(B) the Committee on Appropriations of
11
the Senate;
12
(C) the Committee on Foreign Affairs of
13
the House of Representatives; and
14
(D) the Committee on Appropriations of
15
the House of Representatives.
16
(2) GENDER
IDENTITY.—The term ‘‘gender
17
identity’’ means the gender-related identity, appear-
18
ance, or mannerisms or other gender-related charac-
19
teristics of an individual, regardless of the individ-
20
ual’s designated sex at birth.
21
(3) INTERSEX.—The term ‘‘intersex’’ means in-
22
dividuals born with sex characteristics (including
23
genitals, gonads, or chromosome patterns) that vary
24
from typical binary notions of male or female bodies
25
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and is an umbrella term used to describe a wide
1
range of natural bodily variations.
2
(4)
LGBTQI+.—The
term
‘‘LGBTQI+’’
3
means lesbian, gay, bisexual, transgender, queer, or
4
intersex.
5
(5) SEXUAL ORIENTATION.—The term ‘‘sexual
6
orientation’’ means actual or perceived homosex-
7
uality, heterosexuality, or bisexuality.
8
Æ
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