Sec. 3. Documenting and responding to bias-motivated violence against LGBTQI people abroad
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Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— in paragraph (11)(C), by striking ; and and inserting a semicolon; in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: 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 12 of the GLOBE Act of 2023, 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. .
Section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ) is amended— by redesignating the second subsection
(i)(relating to child marriage status) as subsection (j); and by adding at the end the following new subsection: 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 12 of the GLOBE Act of 2023, 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. . In preparing the annual country reports on human rights practices required by section 116 or 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 the following: Incidents of violence against LGBTQI 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. 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 LGBTQI people in foreign countries (in this subsection referred to as the interagency group ), that shall be chaired by the Secretary of State and 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 LGBTQI populations in other countries; develop longer-term approaches to policy developments and incidents negatively impacting the LGBTQI populations in specific countries; advise the President on the designation of foreign persons for sanctions pursuant to section 4; identify United States laws and policies, at the Federal, State, and local levels, that affirm the equality of LGBTQI persons; and 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 LGBTQI 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 LGBTQI Peoples (in this section referred to as the Special Envoy ), who— shall be appointed by the President; and shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor. The President may appoint the Special Envoy at the rank of Ambassador, by and with the advice and consent of the Senate. 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. The Special Envoy shall— serve as the principal advisor to the Secretary of State regarding human rights for LGBTQI people internationally; 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; represent the United States in diplomatic matters relevant to the human rights of LGBTQI people, including criminalization, discrimination, and violence against LGBTQI people internationally; 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; 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; 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; conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally; and 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. 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. The Administrator of the United States Agency for International Development shall establish a permanent Senior LGBTQI Coordinator who shall be appointed by the Administrator and will coordinate across the agency with respect to LGBTQI inclusive development programming.
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Sec. 3
Documenting and responding to bias-motivated violence against LGBTQI people abroad
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