Sec. 4. Documenting and responding to bias-motivated violence against LGBTI people abroad
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The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) is amended— in section 116(d) ( 22 U.S.C. 2151n(d) )— in paragraph (11)(C), by striking and at the end; in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and by adding at the end the following: wherever applicable, violence or discrimination that affects fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation, gender identity, or sex characteristics. ; and in section 502B(b) ( 22 U.S.C. 2304(b) ), by inserting after the ninth sentence the following:
Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation, gender identity, or sex characteristics. . In preparing the annual country reports on human rights practices required under section 116 or 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n and 2304), as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to— incidents of violence against LGBTI people in the country in which such post is located; an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or external actors; and the response, whether public or private, of the personnel of such post with respect to such incidents.
The Secretary 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. There is established an interagency group on responses to urgent threats to LGBTI 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.
The duties of the interagency group shall be— to coordinate the responses of each participating agency with respect to threats directed towards LGBTI populations in other countries; to develop longer-term approaches to policy developments and incidents negatively impacting the LGBTI populations in specific countries; to advise the President on the designation of foreign persons for sanctions pursuant to section 5; to identify United States laws and policies, at the Federal, State, and local levels, that affirm the equality of LGBTI persons; and to use such identified 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 where LGBTI persons do not enjoy equal protection under the law.
The Secretary of State shall establish, in the Bureau of Democracy, Human Rights, and Labor of the Department of State a permanent Special Envoy for the Human Rights of LGBTI Peoples (referred to in this subsection as the Special Envoy ), who shall be appointed by the President. The Special Envoy shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor. 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 LGBTI people and communities internationally and the advancement of human rights for LGBTI people, and shall represent the United States internationally in bilateral and multilateral engagement on such matters.
The Special Envoy— shall serve as the principal advisor to the Secretary of State regarding human rights for LGBTI people internationally; notwithstanding any other provision of law, shall direct activities, policies, programs, and funding relating to the human rights of LGBTI people and the advancement of LGBTI 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; shall represent the United States in diplomatic matters relevant to the human rights of LGBTI people, including criminalization, discrimination, and violence against LGBTI people internationally; shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTI people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTI people internationally; shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTI people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTI people internationally; shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTI people and the development assistance priorities of the LGBTI Coordinator of the United States Agency for International Development; shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTI people internationally; shall ensure that programs, projects, and activities of the Department of State and the United States Agency for International Development designed to prevent and respond to criminalization, discrimination, and violence against LGBTI people internationally are subject to rigorous monitoring and evaluation, and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across international programs in Federal agencies; and is authorized to represent the United States in bilateral and multilateral fora on matters relevant to the human rights of LGBTI people internationally, including criminalization, discrimination, and violence against LGBTI people internationally.
The President shall ensure that any international law enforcement academy supported by United States assistance shall provide training with respect to the rights of LGBTI 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.
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Sec. 4
Documenting and responding to bias-motivated violence against LGBTI people abroad
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