119-s2231

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2231 Introduced in Senate

    (IS) ]

<DOC>

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

    (a) Short Titles.--This Act may be cited as the ``Greater 
Leadership Overseas for the Benefit of Equality Act of 2025'' or the 
``GLOBE Act of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

 Congress finds the following:

    (1) The United States has been and must always be the 
 global leader in protecting human rights, including the rights 
 of lesbian, gay, bisexual, transgender, queer, and intersex

    (LGBTQI) peoples around the world.

    (2) The norms of good governance, human rights protections, 
 and the rule of law have been violated unconscionably with 
 respect to LGBTQI peoples in an overwhelming majority of 
 countries around the world, where LGBTQI people face violence, 
 hatred, bigotry, and discrimination because of who they are and 
 whom they love.

    (3) In at least 62 countries, or roughly 32 percent of the 
 world, same-sex relations and relationships are criminalized. 
 Many countries also criminalize or otherwise prohibit cross-
 dressing and gender-affirming treatments for transgender 
 individuals.

    (4) The World Bank has begun to measure the macro-economic 
 costs of criminal laws targeting LGBTQI individuals through 
 lost productivity, detrimental health outcomes and violence, as 
 a step toward mitigating those costs.

    (5) Violence and discrimination based on sexual orientation 
 and gender identity are documented in the Department of State's 
 annual Country Human Rights Reports to Congress. These reports 
 continue to show a clear pattern of human rights violations, 
 including murder, rape, torture, death threats, extortion, and 
 imprisonment, in every region of the world based on sexual 
 orientation and gender identity. In many instances police, 
 prison, military, and civilian government authorities have been 
 directly complicit in abuses aimed at LGBTQI citizens.

    (6) As documented by the Department of State, LGBTQI 
 individuals in many countries are subjected to capricious 
 imprisonment, loss of employment, housing, and access to health 
 care, societal stigma, and discrimination. LGBTQI-specific 
 restrictions on basic freedoms of assembly, press, and speech 
 exist in every region of the world.

    (7) Targeted sanctions are an important tool to push for 
 accountability for violations of the human rights of LGBTQI 
 people.

    (8) Anti-LGBTQI laws and discrimination pose significant 
 risks for LGBTQI youth who come out to their family or 
 community and often face rejection, homelessness, and limited 
 educational and economic opportunities. These factors 
 contribute to increased risks of substance abuse, suicide, and 
 HIV infection among LGBTQI youth.

    (9) Anti-LGBTQI laws also increase global health risks. 
 Studies have shown that when LGBTQI people, especially LGBTQI 
 youth, face discrimination, they are less likely to seek HIV 
 testing, prevention, and treatment services.

    (10) LGBTQI populations are disproportionately impacted by 
 the Mexico City Policy, also widely referred to as the ``global 
 gag rule''. LGBTQI people often receive much of their health 
 care through reproductive health clinics, and organizations 
 that cannot comply with the policy are forced to discontinue 
 work on United States-supported global health projects that are 
 frequently used by LGBTQI populations, including HIV prevention 
 and treatment, stigma reduction, and research.

    (11) At the beginning of his second term, President Donald 
 Trump reinstated the global gag rule before abruptly 
 terminating nearly all foreign aid contracts.

    (12) Because they face tremendous discrimination in the 
 formal labor sector, many sex workers are also LGBTQI 
 individuals, and many sex-worker-led programs and clinics serve 
 the LGBTQI community with safe, non-stigmatizing, medical and 
 social care. The United States Agency for International 
 Development

    (USAID) has also referred to sex workers as a 
 ``most-at-risk population''. The anti-prostitution loyalty oath 
 that health care providers receiving United States assistance 
 must take isolates sex-worker-led and serving groups from 
 programs and reinforces stigma, undermining both the global 
 AIDS response and human rights. The Supreme Court found this 
 requirement unconstitutional as it applies to United States 
 nongovernmental organizations and their foreign affiliates in 
 2013.

    (13) According to the Trans Murder Monitoring Project, 
 which monitors homicides of transgender individuals, there were 
 at least 350 cases of reported killings of trans and gender-
 diverse people between October 1, 2023, and September 30, 2024.

    (14) In many countries, intersex individuals experience 
 prejudice and discrimination because their bodies do not 
 conform to general expectations about sex and gender. Because 
 of these expectations, medically unnecessary interventions are 
 often performed in infancy without the consent or approval of 
 intersex individuals, in violation of international human 
 rights standards, and are then often denied official 
 identification papers, blocking them from accessing basic 
 services and legal protections.

    (15) Asylum and refugee protection are critical last-resort 
 protections for LGBTQI individuals, but those who seek such 
 protections face ostracization and abuse in refugee camps and 
 detention facilities. They are frequently targeted for 
 violence, including sexual assault, in refugee camps and in 
 immigration detention. LGBTQI individuals may be segregated 
 against their will for long periods in solitary confinement, in 
 an effort to protect them from such violence, but prolonged 
 solitary confinement itself represents an additional form of 
 abuse that is profoundly damaging to the social and 
 psychological well-being of any individual.

    (16) The global COVID-19 pandemic exacerbated inequalities 
 that LGBTQI individuals face, including access to health care, 
 stigma, and discrimination, undermining LGBTQI rights around 
 the world.

    (17) In December 2011, President Barack Obama directed all 
 Federal foreign affairs agencies to ensure that their 
 diplomatic, humanitarian, health and foreign assistance 
 programs take into account the needs of marginalized LGBTQI 
 communities and persons.

    (18) In 2015, the Department of State established the 
 position of Special Envoy for the Human Rights of LGBTQI 
 Persons.

    (19) In 2021, President Joseph Biden issued the Memorandum 
 on Advancing the Human Rights of Lesbian, Gay, Bisexual, 
 Transgender, Queer, and Intersex Persons Around the World, 
 which stated that it is the policy of the United States to 
 pursue an end to violence and discrimination on the basis of 
 sexual orientation, gender identity or expression, or sex 
 characteristics and called for United States global leadership 
 on LGBTQI rights.

    (20) In Bostock v. Clayton County, the Supreme Court held 
 that title VII of the Civil Rights Act of 1964 prohibits 
 discrimination on the basis of gender identity and sexual 
 orientation. On January 20, 2021, President Biden issued 
 Executive Order 13988 to enforce Bostock, which orders all 
 agency heads to determine the additional steps they should take 
 to ensure that administration policies are fully implemented 
 consistent with Bostock, including the Secretary of State and 
 the Administrator of USAID.

    (21) The use of United States diplomatic tools, including 
 the Department of State's exchange and speaker programs, to 
 address the human rights needs of marginalized communities has 
 helped inform public debates in many countries regarding the 
 protective responsibilities of any democratic government.

    (22) Inclusion of human rights protections for LGBTQI 
 individuals in United States trade agreements, as in the United 
 States-Mexico-Canada Agreement, and trade preference programs 
 is intended both to ensure a level playing field for United 
 States business and to provide greater workplace protections 
 overseas, compatible with those of the United States.

    (23) Engaging multilateral fora and international 
 institutions is critical to impacting global norms and to 
 broadening global commitments to fairer standards for the 
 treatment of all people, including LGBTQI people. The United 
 States must remain a leader in the United Nations system and 
 has a vested interest in the success of that multilateral 
 engagement.

    (24) United States participation in the Equal Rights 
 Coalition, which is a new intergovernmental coalition of more 
 than 40 governments and leading civil society organizations 
 that work together to protect the human rights of LGBTQI people 
 around the world, is vital to international efforts to respond 
 to violence and impunity.

    (25) Those who represent the United States abroad, 
 including our diplomats, development specialists and military, 
 should reflect the diversity of our country and honor the 
 United States call to equality, including through proud and 
 open service abroad by LGBTQI United States citizens and those 
 living with HIV.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Appropriate congressional committees.--The term 
 ``appropriate congressional committees'' means--
        (A) the Committee on Appropriations of the Senate;
        (B) the Committee on Foreign Relations of the 
 Senate;
            (C) the Committee on the Judiciary of the Senate;
            (D) the Committee on Appropriations of the House of 
 Representatives;
        (E) the Committee on Foreign Affairs of the House 
 of Representatives; and
        (F) the Committee on the Judiciary of the House of 
 Representatives.

    (2) Gender identity.--The term ``gender identity'' means 
 the gender-related identity, appearance, mannerisms, or other 
 gender-related characteristics of an individual, regardless of 
 the individual's designated sex at birth.

    (3) Lgbtqi.--The term ``LGBTQI'' means lesbian, gay, 
 bisexual, transgender, queer, or intersex.

    (4) Member of a vulnerable group.--The term ``member of a 
 vulnerable group'' means an alien who--
        (A) is younger than 21 years of age or older than 
 60 years of age;
        (B) is pregnant;
            (C) identifies as lesbian, gay, bisexual, 
 transgender, or intersex;
            (D) is victim or witness of a crime;
        (E) has filed a nonfrivolous civil rights claim in 
 Federal or State court;
        (F) has a serious mental or physical illness or 
 disability;
        (G) has been determined by an asylum officer in an 
 interview conducted under 

section 235

    (b)

    (1)
        (B) of the 
 Immigration and Nationality Act (8 U.S.C. 
 1225

    (b)

    (1)
        (B) ) to have a credible fear of persecution; 
 or
        (H) has been determined by an immigration judge or 
 the Secretary of Homeland Security to be experiencing 
 severe trauma or to be a survivor of torture or gender-
 based violence, based on information obtained during 
 intake, from the alien's attorney or legal service 
 provider, or through credible self-reporting.

    (5) Sexual orientation.--The term ``sexual orientation'' 
 means actual or perceived homosexuality, heterosexuality, or 
 bisexuality.

SEC. 4. DOCUMENTING AND RESPONDING TO BIAS-MOTIVATED VIOLENCE AGAINST 
 LGBTQI PEOPLE ABROAD.

    (a) Information Required To Be Included in Annual Country Reports 
on Human Rights Practices.--

    (1) Section 116.--

Section 116
            (d) of the Foreign Assistance 
 Act of 1961 (22 U.S.C. 2151n
            (d) ) is amended--
        (A) in paragraph

    (11)
            (C) , by striking ``; and'' and 
 inserting a semicolon;
        (B) in paragraph

    (12)
            (C) 
            (ii) , by striking the 
 period at the end and inserting ``; and''; and
            (C) by adding at the end the following:
 ``

    (13) wherever applicable, the nature and extent of 
 criminalization, discrimination, and violence by state and non-
 state actors based on sexual orientation or gender identity, as 
 those terms are defined in 

section 3 of the GLOBE Act of 2025, 
 or sex characteristics, including an identification of those 
 countries that have adopted laws or constitutional provisions 
 that criminalize or discriminate based on sexual orientation, 
 gender identity, or sex characteristics, including descriptions 
 of such laws and provisions.''.

    (2) Section 502b.--

Section 502B of the Foreign Assistance 
 Act of 1961 (22 U.S.C. 2304) is amended--
        (A) by redesignating the second subsection
            (i) (relating to child marriage status) as subsection

    (j) ; 
 and
        (B) by adding at the end the following:
 ``

    (k) Sexual Orientation, Gender Identity, and Sex 
Characteristics.--The report required under subsection

    (b) shall 
include, wherever applicable, the nature and extent of criminalization, 
discrimination, and violence by state and non-state actors based on 
sexual orientation or gender identity, as those terms are defined in 

section 3 of the GLOBE Act of 2025, or sex characteristics, including 
an identification of those countries that have adopted laws or 
constitutional provisions that criminalize or discriminate based on 
sexual orientation, gender identity, or sex characteristics, including 
descriptions of such laws and provisions.''.

    (b) Review at Diplomatic and Consular Posts.--

    (1) In general.--In preparing the annual country reports on 
 human rights practices required under sections 116 and 502B of 
 the Foreign Assistance Act of 1961, as amended by subsection

    (a) , the Secretary of State shall obtain information from each 
 diplomatic and consular post with respect to--
        (A) incidents of violence against LGBTQI people in 
 the country in which such post is located;
        (B) an analysis of the factors enabling or 
 aggravating such incidents, such as government policy, 
 societal pressure, or external actors; and
            (C) the response, whether public or private, of the 
 personnel of such post with respect to such incidents.

    (2) Addressing bias-motivated violence.--The Secretary of 
 State shall include in the annual strategic plans of the 
 regional bureaus concrete diplomatic strategies, programs, and 
 policies to address bias-motivated violence using information 
 obtained pursuant to paragraph

    (1) , such as programs to build 
 capacity among civil society or governmental entities to 
 document, investigate, and prosecute instances of such violence 
 and provide support to victims of such violence.
            (c) Interagency Group.--

    (1) Establishment.--There is established an interagency 
 group on responses to urgent threats to LGBTQI people in 
 foreign countries (referred to in this subsection as the 
 ``Interagency Group''), which shall be chaired by the Secretary 
 of State and shall include the Secretary of Defense, the 
 Secretary of the Treasury, the Administrator of the United 
 States Agency for International Development, the Attorney 
 General, and the head of each other Federal department or 
 agency the President determines is relevant to the duties of 
 the Interagency Group.

    (2) Duties.--The duties of the Interagency Group shall be--
        (A) coordinating the responses of each 
 participating agency with respect to threats directed 
 towards LGBTQI populations in other countries;
        (B) developing longer-term approaches to policy 
 developments and incidents negatively impacting the 
 LGBTQI populations in specific countries;
            (C) advising the President on the designation of 
 foreign persons for sanctions pursuant to 

section 5;
            (D) identifying United States laws and policies, at 
 the Federal, State, and local levels, that affirm the 
 equality of LGBTQI persons; and
        (E) using such laws and policies to develop 
 diplomatic strategies to share the expertise obtained 
 from the implementation of such laws and policies with 
 appropriate officials of countries in which LGBTQI 
 persons do not enjoy equal protection under the law.
            (d) Special Envoy for the Human Rights of LGBTQI Peoples.--

    (1) Establishment.--The Secretary of State shall establish 
 in the Bureau of Democracy, Human Rights, and Labor, the 
 permanent position of Special Envoy for the Human Rights of 
 LGBTQI Peoples (referred to in this section as the ``Special 
 Envoy''), who--
        (A) shall be appointed by the President; and
        (B) shall report directly to the Assistant 
 Secretary for Democracy, Human Rights, and Lab.

    (2) Rank.--The President may appoint the Special Envoy at 
 the rank of Ambassador, by and with the advice and consent of 
 the Senate.

    (3) === Purpose ===
-The Special Envoy shall direct efforts of the 
 United States Government relating to United States foreign 
 policy, as directed by the Secretary, regarding human rights 
 abuses against LGBTQI people and communities internationally 
 and the advancement of human rights for LGBTQI people, and 
 shall represent the United States internationally in bilateral 
 and multilateral engagement on such matters.

    (4) Duties.--The Special Envoy shall--
        (A) serve as the principal advisor to the Secretary 
 of State regarding human rights for LGBTQI people 
 internationally;
        (B) notwithstanding any other provision of law, 
 direct activities, policies, programs, and funding 
 relating to the human rights of LGBTQI people and the 
 advancement of LGBTQI equality initiatives 
 internationally, for all bureaus and offices of the 
 Department of State and shall lead the coordination of 
 relevant international programs for all other Federal 
 agencies relating to such matters;
            (C) represent the United States in diplomatic 
 matters relevant to the human rights of LGBTQI people, 
 including criminalization, discrimination, and violence 
 against LGBTQI people internationally;
            (D) direct, as appropriate, United States 
 Government resources to respond to needs for 
 protection, integration, resettlement, and empowerment 
 of LGBTQI people in United States Government policies 
 and international programs, including to prevent and 
 respond to criminalization, discrimination, and 
 violence against LGBTQI people internationally;
        (E) design, support, and implement activities 
 regarding support, education, resettlement, and 
 empowerment of LGBTQI people internationally, including 
 for the prevention and response to criminalization, 
 discrimination, and violence against LGBTQI people 
 internationally;
        (F) lead interagency coordination between the 
 foreign policy priorities related to the human rights 
 of LGBTQI people and the development assistance 
 priorities of the LGBTQI Coordinator of the United 
 States Agency for International Development;
        (G) conduct regular consultation with 
 nongovernmental organizations working to prevent and 
 respond to criminalization, discrimination, and 
 violence against LGBTQI people internationally; and
        (H) represent the United States in bilateral and 
 multilateral fora on matters relevant to the human 
 rights of LGBTQI people internationally, including 
 criminalization, discrimination, and violence against 
 LGBTQI people internationally.

    (e) Training at International Law Enforcement Academies.--The 
President shall ensure that any international law enforcement academy 
supported by United States assistance shall provide training with 
respect to the rights of LGBTQI people, including through specialized 
courses highlighting best practices in the documentation, 
investigation, and prosecution of bias-motivated hate crimes targeting 
persons based on actual or perceived sexual orientation, gender 
identity, or sex characteristics.

    (f) Senior LGBTQI Coordinator.--The Administrator of the United 
States Agency for International Development shall establish the 
permanent position of Senior LGBTQI Coordinator who shall be appointed 
by the Administrator and shall coordinate across the United States 
Agency for International Development with respect to LGBTQI inclusive 
development programming.

SEC. 5. SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR VIOLATIONS OF HUMAN 
 RIGHTS AGAINST LGBTQI PEOPLE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act and biannually thereafter, the President shall 
submit to the appropriate congressional committees a list of each 
foreign person the President determines, based on credible information, 
including information obtained by other countries or by nongovernmental 
organizations that monitor violations of human rights--

    (1) is responsible for or complicit in, with respect to 
 persons based on actual or perceived sexual orientation, gender 
 identity, or sex characteristics--
        (A) torture or cruel, inhuman, or degrading 
 treatment or punishment;
        (B) prolonged detention without charges and trial;
            (C) causing the disappearance of such persons by 
 the abduction and clandestine detention of such 
 persons; or
            (D) other flagrant denial of the right to life, 
 liberty, or the security of such persons; or

    (2) acted as an agent of or on behalf of a foreign person 
 in a matter relating to an activity described in paragraph

    (1) .

    (b) Form; Updates; Removal.--

    (1) Form.--The list required under subsection

    (a) shall be 
 submitted in unclassified form and published in the Federal 
 Register without regard to the requirements under 

section 222

    (f) of the Immigration and Nationality Act (8 U.S.C. 
 1202

    (f) ) with respect to confidentiality of records pertaining 
 to the issuance or refusal of visas or permits to enter the 
 United States, except that the President may include a foreign 
 person in a classified, unpublished annex to such list if the 
 President--
        (A) determines--
            (i) it is vital for the national security 
 interests of the United States to include such 
 foreign person; and
            (ii) the use of such annex, and the 
 inclusion of such person in such annex, would 
 not undermine the overall purpose of this 
 section to publicly identify foreign persons 
 engaging in the conduct described in subsection

    (a) in order to increase accountability for 
 such conduct; and
        (B) not later than 15 days before including such 
 person in a classified annex, provides to the relevant 
 congressional committees notice of, and a justification 
 for, including or continuing to include each foreign 
 person in such annex despite the existence of any 
 publicly available credible information indicating that 
 each such foreign person engaged in an activity 
 described in subsection

    (a) .

    (2) Updates.--The President shall submit to the relevant 
 congressional committees an update of the list required under 
 subsection

    (a) as new information becomes available.

    (3) Removal.--A foreign person may be removed from the list 
 required under subsection

    (a) if the President determines and 
 reports to the relevant congressional committees not later than 
 15 days before the removal of such person from such list that--
        (A) credible information exists that such person 
 did not engage in the activity for which the person was 
 included in such list;
        (B) such person has been prosecuted appropriately 
 for the activity in which such person engaged;
            (C) such person has credibly demonstrated a 
 significant change in behavior, has paid an appropriate 
 consequence for the activities in which such person 
 engaged, and has credibly committed to not engage in an 
 activity described in subsection

    (a) ; or
            (D) removal of such sanctions is in the vital 
 national security interests of the United States.
            (c) Public Submission of Information.--The President shall issue 
public guidance, including through United States diplomatic and 
consular posts, setting forth the manner by which the names of foreign 
persons that may meet the criteria to be included on the list required 
under subsection

    (a) may be submitted to the Department of State for 
evaluation.
            (d) Requests From Chair and Ranking Member of Relevant 
Congressional Committees.--

    (1) Consideration of information.--In addition to the 
 guidance issued pursuant to subsection
            (c) , the President shall 
 also consider information provided by the Chair or Ranking 
 Member of each of the relevant congressional committees in 
 determining whether to include a foreign person in the list 
 required under subsection

    (a) .

    (2) Requests.--Not later than 120 days after receiving a 
 written request from the Chair or Ranking Member of 1 of the 
 relevant congressional committees with respect to whether a 
 foreign person meets the criteria for being included in the 
 list required under subsection

    (a) , the President shall 
 transmit a response to such Chair or Ranking Member, as the 
 case may be, with respect to the President's determination 
 relating to such foreign person.

    (3) Removal.--If the President removes from the list 
 required under subsection

    (a) a foreign person that had been 
 included in such list pursuant to a request under paragraph

    (2) , the President shall provide to the relevant Chair or 
 Ranking Member of 1 of the relevant congressional committees 
 any information that contributed to such decision.

    (4) Form.--The President may transmit a response required 
 under paragraph

    (2) or paragraph

    (3) in classified form if the 
 President determines such form is necessary for the national 
 security interests of the United States.

    (e) Inadmissibility of Certain Individuals.--

    (1) Ineligibility for visas and admission to the united 
 states.--A foreign person on the list required under subsection

    (a) , and each immediate family member of such person, is--
        (A) inadmissible to the United States;
        (B) ineligible to receive a visa or other 
 documentation to enter the United States; and
            (C) otherwise ineligible to be admitted or paroled 
 into the United States or to receive any other benefit 
 under the Immigration and Nationality Act (8 U.S.C. 
 1101 et seq.).

    (2) Current visas revoked.--
        (A) In general.--The issuing consular officer, the 
 Secretary of State, or a designee of the Secretary of 
 State, in accordance with 

section 221
            (i) of the 
 Immigration and Nationality Act (8 U.S.C. 1201
            (i) ), 
 shall revoke any visa or other entry documentation 
 issued to a foreign person on the list required under 
 subsection

    (a) , and any visa or other entry 
 documentation issued to any immediate family member of 
 such person, regardless of when the visa or other entry 
 documentation was issued.
        (B) Effect of revocation.--A revocation under 
 subparagraph
        (A) shall--
            (i) have immediate effect; and
            (ii) automatically cancel any other valid 
 visa or entry documentation that is in the 
 foreign person's possession.
            (C) Regulations required.--Not later than 180 days 
 after the date of enactment of this Act, the Secretary 
 of State shall prescribe such regulations as are 
 necessary to carry out this subsection.

    (3) Sense of congress with respect to additional 
 sanctions.--It is the sense of Congress that the President 
 should impose additional targeted sanctions with respect to 
 foreign persons on the list required under subsection

    (a) to 
 push for accountability for flagrant denials of the right to 
 life, liberty, or the security of the person, through the use 
 of designations and targeted sanctions provided for such 
 conduct under other existing authorities.

    (4) Exceptions.--
        (A) Exception with respect to national security.--
 This section shall not apply with respect to--
            (i) activities subject to the reporting 
 requirements under title V of the National 
 Security Act of 1947 (50 U.S.C. 3091 et seq.); 
 or
            (ii) any authorized intelligence or law 
 enforcement activities of the United States.
        (B) Exception to comply with international 
 obligations.--Sanctions under this subsection shall not 
 apply with respect to a foreign person if admitting or 
 paroling such person into the United States is 
 necessary to permit the United States to comply with 
 the Agreement regarding the Headquarters of the United 
 Nations, signed at Lake Success, June 26, 1947, and 
 entered into force November 21, 1947, between the 
 United Nations and the United States, or other 
 applicable international obligations.
            (C) Exception for certain immediate family 
 members.--
            (i) In general.--A covered individual shall 
 not be subject to sanctions under this section 
 if the President certifies to the relevant 
 congressional committees, in accordance with 
 clause
            (ii) , that such individual has a 
 reasonable fear of persecution based on--
            (I) actual or perceived sexual 
 orientation, gender identity, or sex 
 characteristics;
            (II) race, religion, or 
 nationality; or
            (III) political opinion or 
 membership in a particular social 
 group.
            (ii) Determination and certification.--A 
 certification under clause
            (i) shall be made 
 not later than 30 days after the date of the 
 determination required by such clause. Any 
 proceedings relating to such determination 
 shall not be publicly available.
            (iii) Covered individual.--For purposes of 
 this subparagraph, the term ``covered 
 individual'' means an individual who is an 
 immediate family member of foreign person on 
 the list required under subsection

    (a) .

    (5) Waivers in the interest of national security.--
        (A) In general.--The President may waive the 
 application of paragraph

    (1) or

    (2) with respect to a 
 foreign person included in the list required under 
 subsection

    (a) if the President determines and 
 transmits to the relevant congressional committees 
 notice and justification, that such a waiver--
            (i) is necessary to permit the United 
 States to comply with the Agreement between the 
 United Nations and the United States regarding 
 the Headquarters of the United Nations, signed 
 June 26, 1947, and entered into force November 
 21, 1947, or other applicable international 
 obligations of the United States; or
            (ii) is in the national security interests 
 of the United States.
        (B) Timing of certain waivers.--A waiver pursuant 
 to a determination under clause
            (ii) of subparagraph
        (A) shall be transmitted not later than 15 days before 
 the granting of such waiver.

    (f) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act and annually thereafter, the President, acting 
through the Secretary of State, shall submit to the relevant 
congressional committees a report that describes--

    (1) the actions taken to carry out this section, 
 including--
        (A) the number of foreign persons added to or 
 removed from the list required under subsection

    (a) during the year preceding each such report, the dates 
 on which such persons were so added or removed, and the 
 reasons for so adding or removing such persons; and
        (B) an analysis that compares increases or 
 decreases in the number of such persons added or 
 removed year-over-year and the reasons for such 
 changes;

    (2) any efforts by the President to coordinate with the 
 governments of other countries, as appropriate, to impose 
 sanctions that are similar to the sanctions imposed under this 
 section;

    (3) the impact of the sanctions imposed under this section 
 with respect to altering the behavior of each of the foreign 
 persons included, as of the date of submission of the report, 
 in the list required under subsection

    (a) ; and

    (4) steps the Department of State can take to improve 
 coordination with foreign governments, civil society groups, 
 and the private sector, to prevent the commission of the human 
 rights violations described in 

section 4

    (a)

    (1) against persons 
 based on actual or perceived sexual orientation, gender 
 identity, or sex characteristics.

    (g) 

=== Definitions. ===
-In this section:

    (1) Foreign person.--The term ``foreign person'' has the 
 meaning given such term in 

section 595.304 of title 31, Code of 
 Federal Regulations (as in effect on the day before the date of 
 the enactment of this Act).

    (2) Immediate family member.--The term ``immediate family 
 member'' has the meaning given such term for purposes of 
 

section 7031
            (c) of the Department of State, Foreign Operations, 
 and Related Programs Appropriations Act, 2021 (division K of 
 Public Law 116-260).

    (3) Person.--The term ``person'' has the meaning given such 
 term in 

section 591.308 of title 31, Code of Federal 
 Regulations (as in effect on the day before the date of the 
 enactment of this Act).

    (4) Relevant congressional committees.--The term ``relevant 
 congressional committees'' means--
        (A) the Committee on Armed Services of the Senate;
        (B) the Committee on Foreign Relations of the 
 Senate;
            (C) the Committee on Homeland Security of the 
 Senate;
            (D) the Committee on the Judiciary of the Senate;
        (E) the Committee on Armed Services of the House of 
 Representatives;
        (F) the Committee on Foreign Affairs of the House 
 of Representatives;
        (G) the Committee on Homeland Security of the House 
 of Representatives; and
        (H) the Committee on the Judiciary of the House of 
 Representatives.

SEC. 6. COMBATING INTERNATIONAL CRIMINALIZATION OF LGBTQI STATUS, 
 EXPRESSION, OR CONDUCT.

    (a) Annual Strategic Review.--The Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, during the course of annual strategic 
planning, shall include--

    (1) an examination of the progress made in countries around 
 the world toward the decriminalization of the status, 
 expression, and conduct of LGBTQI individuals;

    (2) the obstacles that remain toward achieving such 
 decriminalization; and

    (3) the strategies available to the Department of State and 
 the United States Agency for International Development to 
 address such obstacles.

    (b) Elements.--The examination described in subsection

    (a) shall 
include the following:

    (1) An examination of the full range of criminal and civil 
 laws of other countries that disproportionately impact 
 communities of LGBTQI individuals or apply with respect to the 
 conduct of LGBTQI individuals.

    (2) In consultation with the Attorney General, a list of 
 countries in each geographic region with respect to which--
        (A) the Attorney General, acting through the Office 
 of Overseas Prosecutorial Development Assistance and 
 Training of the Department of Justice, shall prioritize 
 programs seeking--
            (i) to decriminalize the status, 
 expression, and conduct of LGBTQI individuals;
            (ii) to monitor the trials of those 
 prosecuted because of such status, expression, 
 or conduct; and
            (iii) to reform related laws having a 
 discriminatory impact on LGBTQI individuals; 
 and
        (B) applicable speaker or exchange programs 
 sponsored by the United States Government shall bring 
 together civil society and governmental leaders to 
 promote the recognition of LGBTQI rights through 
 educational exchanges in the United States and support 
 better understanding of the role that governments and 
 civil societies mutually play in assurance of equal 
 treatment of LGBTQI populations abroad.

SEC. 7. FOREIGN ASSISTANCE TO PROTECT HUMAN RIGHTS OF LGBTQI PEOPLE.

    (a) Sense of Congress.--It is the sense of Congress that the full 
implementation of Executive Order 13988 (86 Fed. Reg. 7023) and the 
Supreme Court holding in Bostock v. Clayton County (140 S. Ct. 1731

    (2020) ) requires that United States foreign assistance and development 
organizations adopt the policy that no contractor, grantee, or 
implementing partner administering United States assistance for any 
humanitarian, development, or global health programs may discriminate 
against any employee or applicant for employment because of gender 
identity or sexual orientation.

    (b) Global Equality Fund.--

    (1) In general.--The Secretary of State shall establish a 
 fund, to be known as the ``Global Equality Fund'' (referred to 
 in the section as the ``Fund''), which shall be managed by the 
 Assistant Secretary of State for the Bureau of Democracy, Human 
 Rights and Labor, consisting of such sums as may be 
 appropriated to provide grants, emergency assistance, and 
 technical assistance to eligible civil society organizations 
 and human rights defenders working to advance and protect human 
 rights for all including LGBTQI persons, by seeking--
        (A) to ensure the freedoms of assembly, 
 association, and expression;
        (B) to protect persons or groups against the threat 
 of violence, including medically unnecessary 
 interventions performed on intersex infants;
            (C) to advocate against laws that criminalize 
 LGBTQI status, expression, or conduct or discriminate 
 against individuals on the basis of sexual orientation, 
 gender identity, or sex characteristics;
            (D) to end explicit and implicit forms of 
 discrimination in the workplace, housing, education, 
 and other public institutions or services; and
        (E) to build community awareness and support for 
 the human rights of LGBTQI persons.

    (2) Contributions.--The Secretary may accept financial and 
 technical contributions from corporations, bilateral donors, 
 foundations, nongovernmental organizations, and other entities 
 supporting the outcomes described in paragraph

    (1) , through the 
 Fund.

    (3) Prioritization.--In providing assistance through the 
 Fund, the Secretary shall ensure due consideration and 
 appropriate prioritization of assistance to groups that have 
 historically been excluded from programs undertaken for the 
 outcomes described in paragraph

    (1) .
            (c) LGBTQI Global Development Partnership.--The Administrator of 
the United States Agency for International Development, in consultation 
with the Secretary of State, shall establish a partnership, which shall 
be known as the ``LGBTQI Global Development Partnership'' (referred to 
in this section as the ``Partnership''), to leverage the financial and 
technical contributions of corporations, bilateral donors, foundations, 
nongovernmental organizations, and universities to support the human 
rights and development of LGBTQI persons around the world by supporting 
programs, projects, and activities that--

    (1) strengthen the capacity of LGBTQI leaders and civil 
 society organizations;

    (2) train LGBTQI leaders to effectively participate in 
 democratic processes and lead civil institutions;

    (3) conduct research to inform national, regional, or 
 global policies and programs; and

    (4) promote inclusive development, including economic 
 empowerment through enhanced LGBTQI entrepreneurship and 
 business development.
            (d) Consultation.--In coordinating programs, projects, and 
activities through the Fund or the Partnership, the Secretary of State 
shall consult, as appropriate, with the Administrator of the United 
States Agency for International Development and the heads of other 
relevant Federal departments and agencies.

    (e) Report.--The Secretary of State shall submit to the appropriate 
congressional committees an annual report that describes the work of, 
successes obtained, and challenges faced by the Fund and the 
Partnership established in accordance with this section.

    (f) Limitation on Assistance Relating to Equal Access.--

    (1) In general.--None of the amounts authorized to be 
 appropriated or otherwise made available to provide United 
 States assistance for any humanitarian, development, or global 
 health programs may be made available to any contractor, 
 grantee, or implementing partner, unless such recipient--
        (A) ensures that the program, project, or activity 
 funded by such amounts are made available to all 
 elements of the population, except to the extent that 
 such program, project, or activity targets a population 
 because of the higher assessed risk of negative 
 outcomes among such populations;
        (B) undertakes to make every reasonable effort to 
 ensure that each subcontractor or subgrantee of such 
 recipient will also adhere to the requirement described 
 in subparagraph
        (A) ; and
            (C) agrees to return all amounts awarded or 
 otherwise provided by the United States, including such 
 additional penalties as the Secretary of State may 
 determine to be appropriate, if the recipient is not 
 able to adhere to the requirement described in 
 subparagraph
        (A) .

    (2) Quarterly report.--The Secretary of State shall submit 
 to the appropriate congressional committees a quarterly report 
 describing the methods by which the Department monitors 
 compliance with the requirement under paragraph

    (1)
        (A) .

    (g) Office of Foreign Assistance.--The Secretary of State, acting 
through the Director of the Office of Foreign Assistance, shall--

    (1) monitor the amount of foreign assistance obligated and 
 expended on programs, projects, and activities relating to 
 LGBTQI people; and

    (2) provide the results of the indicators tracking such 
 expenditure, upon request, to the Organization for Economic Co-
 operation and Development.

SEC. 8. GLOBAL HEALTH INCLUSIVITY.

    (a) In General.--The Coordinator of United States Government 
Activities to Combat HIV/AIDS Globally (referred to in this section as 
the ``Coordinator'') shall--

    (1) develop mechanisms to ensure that the President's 
 Emergency Plan for AIDS Relief

    (PEPFAR) is implemented in a way 
 that equitably serves LGBTQI people in accordance with the 
 goals described in 

section 7

    (f) , including by requiring all 
 partner entities receiving assistance through PEPFAR to receive 
 training on the health needs of and human rights standards 
 relating to LGBTQI people; and

    (2) promptly notify Congress of any obstacles encountered 
 by a foreign government or contractor, grantee, or implementing 
 partner in the effort to equitably implement PEPFAR as 
 described in 

section 7

    (f) , including any remedial steps taken 
 by the Coordinator to overcome such obstacles.

    (b) Report on International Prosecutions for Sex Work or Consensual 
Sexual Activity.--Not later than 180 days after the date of the 
enactment of this Act, the Coordinator shall submit to the appropriate 
congressional committees a report describing the manner in which 
commodities such as condoms provided by programs, projects, or 
activities funded through PEPFAR or other sources of United States 
assistance have been used as evidence to arrest, detain, or prosecute 
individuals in other countries in order to enforce domestic laws 
criminalizing sex work or consensual sexual activity.
            (c) Report on Index Testing Related to HIV/AIDS.--Not later than 
180 days after the date of the enactment of this Act, the Coordinator 
shall submit a report to the appropriate congressional committees 
describing the impact of partner notification services and index 
testing on treatment adherence, intimate partner violence, and exposure 
to the criminal justice system for key populations, including LGBTQI 
people and sex workers, using qualitative and quantitative data.
            (d) Report on Impact of ``Global Gag'' Rule.--Not later than 180 
days after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit a report to the appropriate 
congressional committees describing the impact, as of the date of the 
submission of the report, on the implementation and enforcement of any 
iteration of the Mexico City Policy on the global LGBTQI community.

    (e) Removing Limitations on Eligibility for Foreign Assistance.--

    (1) In general.--Notwithstanding any other provision of 
 law, regulation, or policy, in determining eligibility for 
 assistance authorized under part I of the Foreign Assistance 
 Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 
 organizations--
        (A) shall not be ineligible for such assistance 
 solely on the basis of health or medical services, 
 including counseling and referral services, provided by 
 such organizations with non-United States Government 
 funds if such services do not violate the laws of the 
 country in which they are being provided; and
        (B) shall not be subject to requirements relating 
 to the use of non-United States Government funds for 
 advocacy and lobbying activities other than those that 
 apply to United States nongovernmental organizations 
 receiving assistance under part I of such Act.

    (2) Conforming amendments to pepfar authorization.--

Section 301 of the United States Leadership Against HIV/AIDS, 
 Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7631) is 
 amended--
        (A) by striking subsections
            (d) through

    (f) ; and
        (B) by redesignating subsection

    (g) as subsection
            (d) .

    (3) Conforming amendments to the allocation of funds by the 
 global aids coordinator.--

Section 403

    (a) of the United States 
 Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
 2003 (22 U.S.C. 7673

    (a) ) is amended--
        (A) in paragraph

    (1) --
            (i) by striking ``shall--'' and all that 
 follows through ``
        (A) provide'' and inserting 
 ``shall provide'';
            (ii) by striking ``; and'' and inserting a 
 period; and
            (iii) by striking subparagraph
        (B) ; and
        (B) in paragraph

    (2) --
            (i) by striking ``Prevention strategy'' and 
 all that follows through ``In carrying out 
 paragraph

    (1) '' and inserting ``Prevention 
 strategy''; and
            (ii) by striking subparagraph
        (B) .

    (4) Conforming amendments to tvpra authorization.--

Section 113 of the Trafficking Victims Protection Act of 2000 (22 
 U.S.C. 7110) is amended--
        (A) by striking subsection

    (g) ; and
        (B) by redesignating subsections

    (h) and
            (i) as 
 subsections

    (g) and

    (h) , respectively.

SEC. 9. IMMIGRATION REFORM.

    (a) Refugees and Asylum Seekers.--

    (1) Lgbtqi social group.--

Section 101

    (a)

    (42) of the 
 Immigration and Nationality Act (8 U.S.C. 1101

    (a)

    (42) ) is 
 amended by adding at the end the following: ``For purposes of 
 determinations under this Act, a person who has been persecuted 
 on the basis of sexual orientation or gender identity, shall be 
 deemed to have been persecuted on account of membership in a 
 particular social group, and a person who has a well-founded 
 fear of persecution on the basis of sexual orientation or 
 gender identity shall be deemed to have a well-founded fear of 
 persecution on account of membership in a particular social 
 group.''.

    (2) Report.--

Section 103

    (e) of the Immigration and 
 Nationality Act (8 U.S.C. 1103

    (e) ) is amended--
        (A) in paragraph

    (2) , by striking ``district office 
 of the Service'' and inserting ``U.S. Citizenship and 
 Immigration Services field office''; and
        (B) by adding at the end the following:
 ``

    (3) Each annual report shall include information on the 
 total number of applications for asylum and refugee status 
 received that are, in whole or in part, based on persecution or 
 a well-founded fear of persecution on account of sexual 
 orientation or gender identity, and the rate of approval 
 administratively of such applications.''.

    (3) Asylum filing deadline repeal.--
        (A) In general.--

Section 208

    (a)

    (2) of the 
 Immigration and Nationality Act (8 U.S.C. 1158

    (a)

    (2) ) 
 is amended--
            (i) by striking subparagraph
        (B) ;
            (ii) by redesignating subparagraphs
            (C) ,
            (D) , and
        (E) as subparagraphs
        (B) ,
            (C) , and
            (D) , respectively;
            (iii) in subparagraph
        (B) , as redesignated, 
 by striking ``
            (D) '' and inserting ``
            (C) ''.
            (iv) in subparagraph
            (C) , as redesignated--
            (I) by striking ``notwithstanding 
 subparagraphs
        (B) and
            (C) '' and 
 inserting ``notwithstanding 
 subparagraph
        (B) '';
            (II) by striking ``either'' after 
 ``Attorney General''; and
            (III) by striking ``or 
 extraordinary circumstances relating to 
 the delay in filing an application 
 within the period specified in 
 subparagraph
        (B) ''; and
            (v) in subparagraph
            (D) , as redesignated, 
 by striking ``Subparagraphs
        (A) and
        (B) '' and 
 inserting ``Subparagraph
        (A) ''.
        (B) Application.--The amendments made by 
 subparagraph
        (A) shall apply to applications for asylum 
 filed before, on, or after the date of the enactment of 
 this Act.

    (b) Permanent Partners.--

Section 101

    (a) of the Immigration and 
Nationality Act (8 U.S.C. 1101

    (a) ) is amended--

    (1) in paragraph

    (35) --
        (A) by striking ``term'' and inserting ``terms''; 
 and
        (B) by striking ``or `husband' do not'' and 
 inserting ``and `husband' include any permanent 
 partner, but do not''; and

    (2) by adding at the end the following:
 ``

    (53) The term `marriage' includes a permanent 
 partnership.
 ``

    (54) The term `permanent partner' means an individual who 
 is 18 years of age or older and--
 ``
        (A) is in a committed, intimate relationship with 
 another individual who is 18 years of age or older, in 
 which both parties intend a lifelong commitment;
 ``
        (B) is financially interdependent with the other 
 individual;
 ``
            (C) is not married to anyone other than the other 
 individual;
 ``
            (D) is a national of or, in the case of a person 
 having no nationality, last habitually resided in a 
 country that prohibits marriage between the 
 individuals; and
 ``
        (E) is not a first-, second-, or third-degree 
 blood relation of the other individual.
 ``

    (55) The term `permanent partnership' means the 
 relationship that exists between 2 permanent partners.''.
            (c) Counsel.--

    (1) Appointment of counsel.--

Section 240

    (b)

    (4) of the 
 Immigration and Nationality Act (8 U.S.C. 1229a

    (b)

    (4) ) is 
 amended--
        (A) in subparagraph
        (B) , by striking ``and'' at the 
 end;
        (B) in subparagraph
            (C) , by striking the period at 
 the end and inserting ``, and''; and
            (C) by adding at the end the following:
 ``
            (D) notwithstanding subparagraph
        (A) , in a case 
 in which an indigent alien requests representation, 
 such representation shall be appointed by the court, at 
 the expense of the Government, for such proceedings.''.

    (2) Right to counsel.--

Section 292 of the Immigration and 
 Nationality Act (8 U.S.C. 1362) is amended--
        (A) by inserting ``

    (a) '' before ``In any'';
        (B) by striking ``he'' and inserting ``the 
 person''; and
            (C) by adding at the end the following:
 ``

    (b) Notwithstanding subsection

    (a) , if an indigent alien requests 
representation, such representation shall be appointed by the court, at 
the expense of the Government, for the proceedings described in 
subsection

    (a) .
 ``
            (c) In an interview relating to admission under 

section 207, an 
alien shall have the privilege of being represented, at no expense to 
the Government, by such counsel, authorized to practice in such 
proceedings, as the alien shall choose.''.
            (d) Refugee Admissions of LGBTQI Aliens From Certain Countries.--

    (1) In general.--In the case of aliens who are nationals 
 of, or in the case of aliens having no nationality, last 
 habitually resided in, a country that fails to protect against 
 persecution on the basis of sexual orientation or gender 
 identity and who share common characteristics that identify 
 them as targets of persecution on account of sexual orientation 
 or gender identity, such aliens are eligible for Priority 2 
 processing under the refugee resettlement priority system.

    (2) Resettlement processing.--
        (A) In general.--If a refugee admitted under 
 

section 207 of the Immigration and Nationality Act 
 discloses to an employee or contractor of the Bureau of 
 Population, Refugees, and Migration information with 
 respect to the refugee's sexual orientation or gender 
 identity, the Secretary of State, with the refugee's 
 consent, shall provide such information to the 
 appropriate national resettlement agency--
            (i) to prevent the refugee from being 
 placed in a community in which the refugee is 
 likely to face continued discrimination; and
            (ii) to place the refugee in a community 
 that offers services to meet the needs of the 
 refugee.
        (B) Defined term.--The term ``national resettlement 
 agency'' means an agency contracting with the 
 Department of State to provide sponsorship and initial 
 resettlement services to refugees entering the United 
 States.

    (e) Training Program.--

    (1) Training program.--In order to create an environment in 
 which an alien may safely disclose such alien's sexual 
 orientation or gender identity, the Secretary of Homeland 
 Security, in consultation with the Secretary of State, shall 
 establish a training program for staff and translators who 
 participate in the interview process of aliens seeking asylum 
 or status as a refugee.

    (2) Components of training program.--The training program 
 described in paragraph

    (1) shall include instruction 
 regarding--
        (A) appropriate word choice and word usage;
        (B) creating safe spaces and facilities for LGBTQI 
 aliens;
            (C) confidentiality requirements; and
            (D) nondiscrimination policies.

    (f) Limitation on Detention.--

    (1) Presumption of release.--
        (A) In general.--Notwithstanding any other 
 provision of law, except as provided in subparagraphs
        (B) and
            (C) , the Secretary of Homeland Security--
            (i) may not detain an alien who is a member 
 of a vulnerable group under any provision of 
 the Immigration and Nationality Act (8 U.S.C. 
 1101 et seq.) pending a decision with respect 
 to whether the alien is to be removed from the 
 United States; and
            (ii) shall immediately release any detained 
 alien who is a member of a vulnerable group.
        (B) Exceptions.--The Secretary of Homeland Security 
 may detain, pursuant to the Immigration and Nationality 
 Act (8 U.S.C. 1101 et seq.), an alien who is a member 
 of a vulnerable group if the Secretary determines, 
 using credible and individualized information, that the 
 use of alternatives to detention will not reasonably 
 assure the appearance of the alien at removal 
 proceedings, or that the alien is a threat to another 
 person or the community. The fact that an alien has a 
 criminal charge pending against the alien may not be 
 the sole factor to justify the detention of the alien.
            (C) Removal.--In a case in which detention is the 
 least restrictive means of effectuating the removal 
 from the United States of an alien who is a member of a 
 vulnerable group, the subject of a final order of 
 deportation or removal, and not detained under 
 subparagraph
        (B) , the Secretary of Homeland Security 
 may, solely for the purpose of such removal, detain the 
 alien for a period that is--
            (i) the shortest possible period 
 immediately preceding the removal of the alien 
 from the United States; and
            (ii) not more than 5 days.

    (2) Weekly review required.--
        (A) In general.--Not less frequently than weekly, 
 the Secretary of Homeland Security shall conduct an 
 individualized review of each alien detained pursuant 
 to paragraph

    (1)
        (B) to determine if the alien should 
 continue to be detained under such paragraph.
        (B) Release.--If the Secretary determines pursuant 
 to subparagraph
        (A) that an alien should not be 
 detained under paragraph

    (1)
        (B) , the Secretary shall 
 release the detainee not later than 24 hours after the 
 date on which the Secretary makes such determination.

    (g) Protective Custody for LGBTQI Alien Detainees.--

    (1) Detainees.--An LGBTQI alien who is detained pursuant to 
 subparagraph
        (B) or
            (C) of subsection

    (f)

    (1) may not be placed 
 in housing that is segregated from the general population 
 unless--
        (A) the alien requests placement in such housing 
 for the protection of the alien; or
        (B) the Secretary of Homeland Security determines, 
 after assessing all available alternatives, that there 
 is no available alternative means of separation from 
 likely abusers.

    (2) Placement factors.--If an LGBTQI alien is placed in 
 segregated housing pursuant to paragraph

    (1) , the Secretary of 
 Homeland Security shall ensure that such housing--
        (A) includes non-LGBTQI aliens, to the extent 
 practicable; and
        (B) complies with any applicable court order for 
 the protection of LGBTQI aliens.

    (3) Protective custody requests.--If an LGBTQI alien who is 
 detained requests placement in segregated housing for the 
 protection of such alien, the Secretary of Homeland Security 
 shall grant such request.

    (h) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should hire a sufficient number of 
Refugee Corps officers to conduct refugee interviews within a 
reasonable period and to complete the adjudication of refugee petitions 
not later than 180 days after an alien files a request for Priority 2 
consideration.

SEC. 10. ISSUANCE OF PASSPORTS AND GUARANTEE OF CITIZENSHIP TO CERTAIN 
 CHILDREN BORN ABROAD.

    (a) Sex Identification Markers.--For the purposes of any identity 
document issued by the Department that displays sex information, 
including passports and consular reports of birth abroad, the Secretary 
shall ensure (through appropriate regulation, manual, policy, form, or 
other updates) that an applicant for such a document may self-select 
the sex designation, including a nonbinary or neutral designation, such 
as ``X''.

    (b) Guarantee of Citizenship to Children Born Abroad Using 
Assistive Reproduction Technology.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State shall issue 
regulations, in accordance with the press statement released on May 18, 
2021, with respect to ``U.S. Citizenship Transmission and Assisted 
Reproductive Technology'', clarifying that no biological connection 
between a parent and a child is required for a child to acquire 
citizenship at birth from a United States citizen parent under 
subsections
            (c) ,
            (d) ,

    (e) , and

    (g) of 

section 301 of the Immigration 
and Nationality Act (8 U.S.C. 1401), if the local law at the place of 
birth or United States law recognize such a person to be the legal 
parent of such child from birth.

SEC. 11. ENGAGING INTERNATIONAL ORGANIZATIONS IN THE FIGHT AGAINST 
 LGBTQI DISCRIMINATION.

    (a) Sense of Congress.--It is the sense of Congress that--

    (1) the United States should be a leader in efforts by the 
 United Nations to ensure that human rights norms, development 
 principles, and political rights are fully inclusive of LGBTQI 
 people;

    (2) United States leadership within international financial 
 institutions, such as the World Bank and the regional 
 development banks, should be used to ensure that the programs, 
 projects, and activities undertaken by such institutions are 
 fully inclusive of all people, including LGBTQI people; and

    (3) the Secretary of State should seek appropriate 
 opportunities to encourage the equal treatment of LGBTQI people 
 during discussions with or participation in the full range of 
 regional, multilateral, and international fora, such as the 
 Organization of American States, the Organization for Security 
 and Cooperation in Europe, the European Union, the African 
 Union, and the Association of Southeast Asian Nations.

    (b) Action Through the Equal Rights Coalition.--The Secretary of 
State shall promote diplomatic coordination through the Equal Rights 
Coalition, established in July 2016 at the Global LGBTQI Human Rights 
Conference in Montevideo, Uruguay, and other multilateral mechanisms, 
to achieve the goals and outcomes described in subsection

    (a) .

SEC. 12. REPRESENTING THE RIGHTS OF UNITED STATES LGBTQI CITIZENS 
 DEPLOYED TO DIPLOMATIC AND CONSULAR POSTS.

    (a) Sense of Congress.--It is the sense of Congress that, 
recognizing the importance of a diverse workforce in the representation 
of the United States abroad, and in support of sound personnel staffing 
policies, the Secretary of State should--

    (1) prioritize efforts to ensure that foreign governments 
 do not impede the assignment of United States LGBTQI citizens 
 and their families to diplomatic and consular posts;

    (2) open conversations with entities in the United States 
 private sector that engage in business in other countries to 
 the extent necessary to address any visa issues faced by such 
 private sector entities with respect to their LGBTQI employees; 
 and

    (3) prioritize efforts to improve post and post school 
 information for LGBTQI employees and employees with LGBTQI 
 family members.

    (b) Remedies for Family Visa Denial.--

    (1) In general.--The Secretary of State shall use all 
 appropriate diplomatic efforts to ensure that the families of 
 LGBTQI employees of the Department of State are issued visas 
 from countries where such employees are posted.

    (2) List required.--Not later than 180 days after the date 
 of the enactment of this Act, the Secretary of State shall 
 submit to Congress--
        (A) a classified list of each country that has 
 refused to grant accreditation to LGBTQI employees of 
 the Department of State or their family members in the 
 prior 2 years; and
        (B) the actions taken or intended to be taken by 
 the Secretary, in accordance with paragraph

    (1) , to 
 ensure that LGBTQI employees are appointed to 
 appropriate positions in accordance with diplomatic 
 needs and personnel qualifications, including actions 
 specifically relating to securing the accreditation of 
 the families of such employees by relevant countries.
            (c) Improving Post Information and Overseas Environment for LGBTQI 
Adults and Children.--

    (1) In general.--The Secretary of State shall ensure that 
 LGBTQI employees of the Department of State and employees with 
 LGBTQI family members have adequate information to pursue 
 overseas postings, including country environment information 
 for adults and children.

    (2) Non-discrimination policies for united states 
 government-supported schools.--The Secretary of State shall 
 make every effort to ensure schools abroad that receive 
 assistance and support from the United States Government under 
 programs administered by the Office of Overseas Schools of the 
 Department of State have active and clear nondiscrimination 
 policies, including policies relating to sexual orientation and 
 gender identity impacting LGBTQI children of all ages.

    (3) Required information for lgbtqi children.--The 
 Secretary of State shall ensure that information focused on 
 LGBTQI children of all ages (including transgender and gender 
 nonconforming students) is included in post reports, bidding 
 materials, and Office of Overseas Schools reports, databases, 
 and adequacy lists.
 <all>