Text of US SB 861 (2019)

II 116TH CONGRESS 1ST SESSION S. 861 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 MARCH 25, 2019 Mr. MARKEY (for himself, Ms. WARREN, Mr. BLUMENTHAL, Mrs. SHAHEEN, Mr. DURBIN, Mr. CARDIN, Mr. CASEY, Ms. KLOBUCHAR, Ms. SMITH, Ms. BALDWIN, Mr. MERKLEY, Ms. STABENOW, Mr. WYDEN, Ms. HIRONO, Mr. REED, Mrs. GILLIBRAND, Mr. SANDERS, Ms. HARRIS, and Mr. MUR- PHY) 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 2019’’. 5 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 2 •S 861 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) LGBTI.—The term ‘‘LGBTI’’ means les- 17 bian, gay, bisexual, transgender, or intersex. 18 (4) INTERSEX.—The term ‘‘intersex’’ means in- 19 dividuals born with sex characteristics (including 20 genitals, gonads, or chromosome patterns) that vary 21 from typical binary notions of male or female bodies 22 and is an umbrella term used to describe a wide 23 range of natural bodily variations. 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 3 •S 861 IS (5) SEXUAL ORIENTATION.—The term ‘‘sexual 1 orientation’’ means actual or perceived homosex- 2 uality, heterosexuality, or bisexuality. 3 SEC. 3. FINDINGS. 4 Congress makes the following findings: 5 (1) Around the world, LGBTI people face vio- 6 lence, discrimination, hatred, and bigotry. 7 (2) Sixty-nine countries criminalize same-sex re- 8 lations and at least three countries prohibit the pub- 9 lic support of the LGBTI community. That is equal 10 to 35 percent of United Nations member states. 11 (3) In several countries, homosexuality is a 12 crime that is punishable by death. 13 (4) Intersex people experience prejudice and 14 discrimination because their bodies do not conform 15 to other people’s expectations about sex and gender, 16 including the common performance of medically un- 17 necessary surgeries without the consent or approval 18 of intersex individuals. 19 (5) Violence and discrimination based on sexual 20 orientation and gender identity are documented in 21 the Department of State’s annual Human Rights 22 Report to Congress. The 2017 report continues to 23 show a clear pattern of human rights violations in 24 every region of the world based on sexual orientation 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 4 •S 861 IS and gender identity. These violations include mur- 1 der, rape, torture, death threats, extortion, and im- 2 prisonment, as well as loss of employment, housing, 3 access to health care, and other forms of societal 4 stigma and discrimination. The report further docu- 5 ments LGBTI-specific restrictions on basic freedoms 6 of assembly, press, and speech in every region of the 7 world. 8 (6) In Jamaica and other countries, discrimina- 9 tion against LGBTI people, including ‘‘corrective 10 rape’’ of lesbian women, occurs all too frequently 11 and with relative impunity. 12 (7) In 2013, the Russian Duma passed a law 13 banning so-called ‘‘homosexual propaganda’’, which 14 effectively makes it a crime to publicly support 15 LGBTI equality or even discuss homosexuality. This 16 pernicious law is the basis for similar so-called 17 ‘‘antipropaganda’’ legislation in countries across 18 Eastern Europe and Central Asia, including in 19 Moldova, Kyrgyzstan, and Belarus. 20 (8) In December 2013, the Government of Ni- 21 geria adopted a law that further criminalized same- 22 sex relations and support for LGBTI people, endan- 23 gering neighbors, friends, doctors, and landlords of 24 LGBTI people. 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 5 •S 861 IS (9) Several countries in South Asia continue to 1 have draconian laws that criminalize homosexual 2 acts, which place LGBTI people in danger and un- 3 dermine their ability to live free from persecution. 4 (10) In February 2014, the Government of 5 Uganda adopted a law making ‘‘aggravated homo- 6 sexuality’’ a crime punishable with life imprisonment 7 and concurrently, the Government of Uganda also 8 passed laws severely limiting the basic freedoms of 9 speech and assembly for LGBTI citizens. While the 10 Constitutional Court overturned the Anti-Homosex- 11 uality Act on a technicality in August 2014, LGBTI 12 Ugandans continue to be subjected to discrimination 13 and violence, and their government has in recent 14 years forcibly shut down even private Pride celebra- 15 tions in Kampala. 16 (11) On April 1, 2017, the Russian newspaper 17 Novaya Gazeta reported that the government of the 18 autonomous republic of Chechnya had been arrest- 19 ing, detaining, and torturing gay and bisexual men 20 in secret prisons since early 2017. International 21 human rights groups and Russian LGBTI rights ac- 22 tivists estimate that as many as 20 people may have 23 been murdered thus far and potentially over 200 24 people were detained during the purge. An OSCE 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 6 •S 861 IS factfinding report released in December 2018 con- 1 firmed the atrocities, documenting ‘‘several waves of 2 violations of human rights abuses of persons based 3 on their sexual orientation and gender identity’’. Re- 4 ports from early 2019 suggest the purge has contin- 5 ued. 6 (12) On May 23, 2017, and again on July 13, 7 2018, gay men were publicly caned in the Indo- 8 nesian province of Aceh, while thousands of spec- 9 tators snapped pictures outside a mosque as the bru- 10 tal punishment was meted out. Several times in 11 2017, police in Indonesia have arrested men at pri- 12 vate parties, sometimes releasing their photographs 13 to the news media, endangering their lives. 14 (13) In September 2017, reports emerged from 15 Azerbaijan that authorities had begun a crackdown 16 on gay men and transgender women, arresting more 17 than 60 and subjecting them to beatings, harass- 18 ment, torture, and blackmail. 19 (14) From September through December 2017, 20 over 70 LGBTI individuals were arrested in Egypt, 21 with dozens receiving prison sentences of up to six 22 years. In late 2017, authorities in Egypt instructed 23 local media to delete any positive references to 24 LGBTI people, and lawmakers proposed a bill that 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 7 •S 861 IS would criminalize LGBTI people and their allies. 1 The arrests continued in 2018, with a Cairo-based 2 LGBTI rights organization documenting 76 arrests 3 for alleged same-sex conduct in 2018. 4 (15) Anti-LGBTI laws not only endanger all 5 LGBTI individuals, but also pose serious risks for 6 those associated with or caring for LGBTI people. 7 Studies have shown that when LGBTI people, espe- 8 cially LGBTI youth, face discrimination, they are 9 less likely to seek HIV testing, prevention, and 10 treatment services. 11 (16) According to the Trans Murder Monitoring 12 Project, which monitors homicides of transgender in- 13 dividuals, there were at least 369 cases of reported 14 killings of trans and gender-diverse people between 15 October 2017 and September 2018, an increase over 16 previous years. The organization reports that a ‘‘ma- 17 jority of the murders occurred in Brazil (167), Mex- 18 ico (71), the United States (28), and Colombia (21), 19 adding up to a total of 2982 reported cases in 72 20 countries worldwide between 1st of January 2008 21 and 30th of September 2018’’. 22 (17) According to the International Guidelines 23 on HIV/AIDS and Human Rights, as published by 24 the United Nations High Commissioner for Human 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 8 •S 861 IS Rights, and according to the July 2017 report of the 1 Independent Expert on protection against violence 2 and discrimination based on sexual orientation and 3 gender identity, countries should review and reform 4 criminal laws and correctional systems to ensure 5 that they are consistent with international human 6 rights obligations and are not misused or targeted 7 against vulnerable groups. 8 (18) Removing institutionalized discrimination 9 and targeted persecution against LGBTI people 10 around the world is a critical step in the promotion 11 of human rights and global health internationally. 12 (19) Anti-LGBTI laws and discrimination pose 13 significant risks for LGBTI youth who come out to 14 their family or community and often face rejection, 15 homelessness, and limited educational and economic 16 opportunities. These factors contribute to increased 17 risks of substance abuse, suicide, and HIV infection 18 among LGBTI youth. 19 (20) On December 6, 2011, President Barack 20 Obama released the ‘‘Presidential Memorandum— 21 International Initiatives to Advance the Human 22 Rights of Lesbian, Gay, Bisexual, and Transgender 23 Persons’’. The memorandum directed all Federal 24 agencies engaged abroad to ensure that United 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 9 •S 861 IS States diplomacy and foreign assistance promote and 1 protect the human rights of LGBTI persons. 2 (21) On February 23, 2015, Secretary of State 3 John Kerry appointed senior diplomat Randy Berry 4 as the Department of State’s first-ever Special 5 Envoy for the Human Rights of LGBTI Persons. 6 Secretary Pompeo pledged to re-fill that position 7 during his April 2018 confirmation hearing, but has 8 yet to do so. 9 (22) On June 30, 2016, the United Nations 10 Human Rights Council passed a resolution cospon- 11 sored by the United States that established an inde- 12 pendent expert on violence and discrimination based 13 on sexual orientation and gender identity to help 14 monitor and track discrimination and violence expe- 15 rienced by LGBTI persons around the world. 16 (23) In November 2016, the Government of 17 Tanzania placed a ban on all HIV and AIDS out- 18 reach projects aimed at gay men, including those 19 funded by the President’s Emergency Plan for AIDS 20 Relief. This forced the closure of United States- 21 funded programs providing testing, condoms, and 22 care to gay men, exacerbating the health needs of 23 gay men in Tanzania, about 30 percent of whom are 24 HIV positive. In 2018, various government officials 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 10 •S 861 IS have announced crackdowns on the LGBTI commu- 1 nity, including a threat by the governor of the larg- 2 est city, who announced a purge on LGBTI individ- 3 uals and asked the public to report them. Reports 4 suggest that many people have been arrested and 5 more are in hiding. 6 (24) In February 2017, three transgender 7 women were murdered in El Salvador with impunity, 8 leading the United Nations to call for an investiga- 9 tion into crimes against sexual and gender minorities 10 in that country. A 2016 report noted that 11 transgender women in El Salvador have an average 12 life expectancy of less than 35 years due to violence, 13 discrimination, and femicide. 14 (25) Extreme violence in El Salvador, Nica- 15 ragua, Guatemala, and Honduras has driven LGBTI 16 people to flee their countries or origin to the United 17 States for protection. LGBTI people were among the 18 first asylum seekers in the migrant ‘‘caravans’’ ar- 19 riving at the United States-Mexico border. 20 (26) At the annual Summit of Commonwealth 21 Nations in April 2018, United Kingdom Prime Min- 22 ister Theresa May issued an apology for discrimina- 23 tory laws criminalizing same-sex relationships that 24 were imposed on British colonies around the world. 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 11 •S 861 IS She also announced the creation of a fund to sup- 1 port legal reform efforts. 2 (27) In April 2018, Trinidad and Tobago’s 3 High Court of Justice issued a landmark ruling de- 4 claring that laws which criminalize same-sex rela- 5 tionships between consenting adults are unconstitu- 6 tional. 7 (28) In April 2014, the Supreme Court of India 8 recognized transgender people as a third gender, im- 9 proving the legal rights of transgender people in that 10 country. Though an important step, the decision 11 does not grant full legal rights to transgender peo- 12 ple. 13 (29) In September 2018, the Supreme Court of 14 India issued a unanimous decision decriminalizing 15 same-sex relationships across the country. The land- 16 mark case is likely to support similar legal chal- 17 lenges to colonial-era sodomy laws in other former 18 British colonies, since the Indian sodomy law was 19 the model used for other British colonies. 20 (30) Angola decriminalized same-sex relation- 21 ships in January 2019, and prohibited discrimina- 22 tion against people on the basis of sexual orienta- 23 tion. 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 12 •S 861 IS (31) In January 2018, the Inter-American 1 Court of Human Rights issued an advisory opinion 2 declaring that the American Convention on Human 3 Rights, adopted at San Jose November 22, 1969, 4 grants the right of transgender people to change 5 their name and gender on public documents, and 6 that same-sex couples must be granted full legal 7 rights, including the right to marriage. This ruling 8 is animating legal reforms and human rights cases 9 across the Americas. 10 (32) In September 2018, the legislature in 11 Chile passed a groundbreaking legal gender recogni- 12 tion law, which allows transgender individuals to 13 self-determine their legal gender in official docu- 14 ments without a judicial determination or medical 15 interventions. The Government of Uruguay passed a 16 similarly expansive gender recognition law in 2018. 17 SEC. 4. STATEMENT OF POLICY. 18 It is the policy of the United States— 19 (1) to take effective action to prevent and re- 20 spond to discrimination and violence against all peo- 21 ple on any basis internationally, including sexual ori- 22 entation, gender identity, and sex characteristics, 23 and that human rights policy includes attention to 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 13 •S 861 IS criminalization, hate crimes, and other discrimina- 1 tion against LGBTI people; 2 (2) to systematically integrate and coordinate 3 into United States foreign policy efforts to prevent 4 and respond to criminalization, discrimination, and 5 violence against LGBTI people internationally; 6 (3) to support and build local capacity in coun- 7 tries around the world, including of governments at 8 all levels and nongovernmental organizations, to pre- 9 vent and respond to criminalization, discrimination, 10 and violence against LGBTI people internationally; 11 (4) to consult, cooperate, coordinate, and col- 12 laborate with a wide variety of nongovernmental 13 partners, including faith-based organizations and 14 LGBTI-led organizations, with demonstrated experi- 15 ence in preventing and responding to criminalization, 16 discrimination, and violence against LGBTI people 17 internationally; 18 (5) to employ a multisectoral approach to pre- 19 venting and responding to criminalization, discrimi- 20 nation, and violence against LGBTI people inter- 21 nationally, including activities in the economic, edu- 22 cation, health, nutrition, legal, and judicial sectors; 23 (6) to work at all levels, from the individual to 24 the family, community, local, national, and inter- 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 14 •S 861 IS national levels, to prevent and respond to criminal- 1 ization, discrimination, and violence against LGBTI 2 people internationally; 3 (7) to enhance training by United States per- 4 sonnel of professional foreign military and police 5 forces and judicial officials to include appropriate 6 and thorough LGBTI-specific instruction on pre- 7 venting and responding to criminalization, discrimi- 8 nation, and violence based on sexual orientation and 9 gender identity; 10 (8) to engage non-LGBTI people as allies and 11 partners, as an essential element of making sus- 12 tained reductions in criminalization, discrimination, 13 and violence against LGBTI people internationally; 14 (9) to require that all Federal contractors and 15 grant recipients in the United States Government’s 16 international programs establish appropriate policies 17 and take effective measures to ensure the protection 18 and safety of their staff and workplace, including 19 from discrimination and violence directed against 20 LGBTI people and those who provide services to 21 them; 22 (10) to exert sustained international leadership, 23 including in bilateral and multilateral fora, to pre- 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 15 •S 861 IS vent and respond to criminalization, discrimination, 1 and violence against LGBTI people internationally; 2 (11) to fully implement and expand upon the 3 policies outlined in the ‘‘Presidential Memo- 4 randum—International Initiatives to Advance the 5 Human Rights of Lesbian, Gay, Bisexual, and 6 Transgender Persons’’; 7 (12) to ensure that international efforts to com- 8 bat HIV/AIDS take all appropriate measures to sup- 9 port at-risk communities, including LGBTI people, 10 and to create enabling legal environments for these 11 communities; 12 (13) to work with governments and nongovern- 13 mental partners around the world to develop and im- 14 plement regional strategies to decriminalize homo- 15 sexuality and to counteract the prohibition of public 16 support of LGBTI people; and 17 (14) to ensure that those who have a well- 18 founded fear of persecution on account of being 19 LGBTI or supporting LGBTI rights have the oppor- 20 tunity to seek protection in the United States. 21 SEC. 5. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBTI 22 PEOPLE. 23 (a) ESTABLISHMENT.—The Secretary of State shall 24 establish in the Bureau of Democracy, Human Rights, 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 16 •S 861 IS and Labor (DRL) of the Department of State a perma- 1 nent Special Envoy for the Human Rights of LGBTI Peo- 2 ples (in this section referred to as the ‘‘Special Envoy’’), 3 who shall be appointed by the President. The Special 4 Envoy shall report directly to the Assistant Secretary for 5 Democracy, Human Rights, and Labor. 6 (b) PURPOSE.—In addition to the duties described in 7 subsection (c) and those duties determined by the Sec- 8 retary of State, the Special Envoy shall direct efforts of 9 the United States Government relating to United States 10 foreign policy, as directed by the Secretary, regarding 11 human rights abuses against LGBTI people and commu- 12 nities internationally and the advancement of human 13 rights for LGBTI people, and shall represent the United 14 States internationally in bilateral and multilateral engage- 15 ment on such matters. 16 (c) DUTIES.— 17 (1) IN GENERAL.—The Special Envoy— 18 (A) shall serve as the principal advisor to 19 the Secretary of State regarding human rights 20 for LGBTI people internationally; 21 (B) shall, notwithstanding any other provi- 22 sion of law, direct activities, policies, programs, 23 and funding relating to the human rights of 24 LGBTI people and the advancement of LGBTI 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 17 •S 861 IS equality initiatives internationally, for all bu- 1 reaus and offices of the Department of State, 2 and shall lead the coordination of relevant 3 international programs for all other Federal 4 agencies relating to such matters; 5 (C) shall represent the United States in 6 diplomatic matters relevant to the human rights 7 of LGBTI people, including criminalization, dis- 8 crimination, and violence against LGBTI people 9 internationally; 10 (D) shall direct, as appropriate, United 11 States Government resources to respond to 12 needs for protection, integration, resettlement, 13 and empowerment of LGBTI people in United 14 States Government policies and international 15 programs, including to prevent and respond to 16 criminalization, discrimination, and violence 17 against LGBTI people internationally; 18 (E) shall design, support, and implement 19 activities regarding support, education, resettle- 20 ment, and empowerment of LGBTI people 21 internationally, including for the prevention and 22 response to criminalization, discrimination, and 23 violence against LGBTI people internationally; 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 18 •S 861 IS (F) shall lead interagency coordination be- 1 tween the foreign policy priorities related to the 2 human rights of LGBTI people and the devel- 3 opment assistance priorities of the LGBTI Co- 4 ordinator of the United States Agency for 5 International Development; 6 (G) shall conduct regular consultation with 7 nongovernmental organizations working to pre- 8 vent and respond to criminalization, discrimina- 9 tion, and violence against LGBTI people inter- 10 nationally; 11 (H) shall ensure that programs, projects, 12 and activities of the Department of State and 13 the United States Agency for International De- 14 velopment designed to prevent and respond to 15 criminalization, discrimination, and violence 16 against LGBTI people internationally are sub- 17 ject to rigorous monitoring and evaluation, and 18 that there is a uniform set of indicators and 19 standards for such monitoring and evaluation 20 that is used across international programs in 21 Federal agencies; and 22 (I) is authorized to represent the United 23 States in bilateral and multilateral fora on mat- 24 ters relevant to the human rights of LGBTI 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 19 •S 861 IS people internationally, including criminalization, 1 discrimination, and violence against LGBTI 2 people internationally. 3 (2) DATA REPOSITORY.—The Bureau of De- 4 mocracy, Human Rights, and Labor shall— 5 (A) be the central repository of data on all 6 United States programs, projects, and activities 7 that relate to prevention and response to crim- 8 inalization, discrimination, and violence against 9 LGBTI people internationally; and 10 (B) produce— 11 (i) a full accounting of United States 12 Government spending on such programs, 13 projects, and activities; and 14 (ii) evaluations of the effectiveness of 15 such programs, projects, and activities. 16 (d) BRIEFINGS AND ASSESSMENTS.—Not later than 17 180 days after the date of the enactment of this Act and 18 annually thereafter, the Special Envoy shall— 19 (1) brief the appropriate congressional commit- 20 tees on the status of the human rights of LGBTI 21 people internationally, as well as on the status of 22 programs and response strategies to address crim- 23 inalization, discrimination, and violence against 24 LGBTI people internationally; and 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 20 •S 861 IS (2) submit to the appropriate congressional 1 committees an assessment of human and financial 2 resources necessary to fulfill the purposes and duties 3 of this Act. 4 (e) UNITED STATES POLICY TO PREVENT AND RE- 5 SPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIO- 6 LENCE AGAINST LGBTI PEOPLE GLOBALLY.— 7 (1) GLOBAL STRATEGY REQUIREMENT.—Not 8 later than 180 days after the date of the enactment 9 of this Act, and annually thereafter for each of the 10 following five years, the Special Envoy shall develop 11 or update, as the case may be, a United States glob- 12 al strategy to prevent and respond to criminaliza- 13 tion, discrimination, and violence against LGBTI 14 people internationally. The Special Envoy shall sub- 15 mit the global strategy to the appropriate congres- 16 sional committees and, if practicable, make the glob- 17 al strategy available to the public. 18 (2) COLLABORATION AND COORDINATION.—In 19 developing the global strategy required under para- 20 graph (1), the Special Envoy shall consult with— 21 (A) mid- and high-level officials of relevant 22 Federal agencies; and 23 (B) representatives of nongovernmental or- 24 ganizations with demonstrated experience in ad- 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 21 •S 861 IS dressing criminalization, discrimination, and vi- 1 olence against LGBTI people internationally or 2 promoting equal rights for LGBTI people inter- 3 nationally. 4 (f) MONITORING THE UNITED STATES STRATEGY TO 5 PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMI- 6 NATION, AND VIOLENCE AGAINST LGBTI PEOPLE AND 7 COMMUNITIES INTERNATIONALLY.— 8 (1) IN GENERAL.—In each global strategy sub- 9 mitted under subsection (e), the Special Envoy shall 10 include an analysis of best practices for preventing 11 and addressing criminalization, discrimination, and 12 violence against LGBTI people and communities 13 internationally, including— 14 (A) a description of successful efforts by 15 foreign governments and nongovernmental or- 16 ganizations to prevent and respond to criminal- 17 ization, discrimination, and violence against 18 LGBTI people and communities internationally; 19 (B) recommendations related to best prac- 20 tices, effective strategies, and improvements to 21 enhance the impact of such prevention and re- 22 sponse efforts; and 23 (C) the impact of activities funded by the 24 global strategy in preventing and reducing 25 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 22 •S 861 IS criminalization, discrimination, and violence 1 against LGBTI people and communities inter- 2 nationally. 3 (2) INFORMATION REQUIRED TO BE INCLUDED 4 IN ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 5 PRACTICES.— 6 (A) SECTION 116.—Section 116(d) of the 7 Foreign Assistance Act of 1961 (22 U.S.C. 8 2151n(d)) is amended— 9 (i) in paragraph (11)(C), by striking 10 ‘‘; and’’ and inserting a semicolon; 11 (ii) in paragraph (12)(C)(ii), by strik- 12 ing the period at the end and inserting ‘‘; 13 and’’; and 14 (iii) by adding at the end the fol- 15 lowing new paragraph: 16 ‘‘(13) wherever applicable, the nature and ex- 17 tent of criminalization, discrimination, and violence 18 based on sexual orientation and gender identity, in- 19 cluding an identification of those countries that have 20 adopted laws or constitutional provisions that crim- 21 inalize or discriminate based on sexual orientation or 22 gender identity (as those terms are defined in sec- 23 tion 2 of the International Human Rights Defense 24 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 23 •S 861 IS Act of 2018), including detailed descriptions of such 1 laws and provisions.’’. 2 (B) SECTION 502B.—Section 502B of the 3 Foreign Assistance Act of 1961 (22 U.S.C. 4 2304) is amended— 5 (i) by redesignating the second sub- 6 section (i) (relating to child marriage sta- 7 tus) as subsection (j); and 8 (ii) by adding at the end the following 9 new subsection: 10 ‘‘(k) SEXUAL ORIENTATION AND GENDER IDEN- 11 TITY.—The report required under subsection (b) shall in- 12 clude, wherever applicable, the nature and extent of crim- 13 inalization, discrimination, and violence based on sexual 14 orientation and gender identity, including an identification 15 of those countries that have adopted laws or constitutional 16 provisions that criminalize or discriminate based on sexual 17 orientation or gender identity (as those terms are defined 18 in section 2 of the International Human Rights Defense 19 Act of 2018), including detailed descriptions of such laws 20 and provisions.’’. 21 VerDate Sep 11 2014 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 24 •S 861 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 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS 25 •S 861 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 05:19 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6301 E:\BILLS\S861.IS S861 kjohnson on DSK79L0C42 with BILLS