Sec. 7. Foreign assistance to protect human rights of LGBTQI people
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It is the sense of Congress that the full implementation of Executive Order 13988 (86 Fed. Reg. 7023; January 20, 2021) and the holding in Bostock v. Clayton County 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 their sexual orientation or gender identity.
The Secretary of State shall establish a trust fund, to be known as the Global Equality Fund , to be managed by the Assistant Secretary of 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— to ensure the freedoms of assembly, association, and expression; to protect persons or groups against the threat of violence, including medically unnecessary interventions performed on intersex infants; 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; to end explicit and implicit forms of discrimination in the workplace, housing, education, and other public institutions or services; and to build community awareness and support for the human rights of LGBTQI persons.
The Secretary of State may accept financial and technical contributions, through the Global Equality Fund, from corporations, bilateral donors, foundations, nongovernmental organizations, and other entities supporting the outcomes described in paragraph (1). In providing assistance through the Global Equality Fund, the Secretary of State 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).
The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish a partnership, to be known as the LGBTQI Global Development 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— to strengthen the capacity of LGBTQI leaders and civil society organizations; to train LGBTQI leaders to effectively participate in democratic processes and lead civil institutions; to conduct research to inform national, regional, or global policies and programs; and to promote inclusive development, including economic empowerment through enhanced LGBTQI entrepreneurship and business development.
In coordinating programs, projects, and activities through the Global Equality Fund or the Global Development Partnership, the Secretary of State and the Administrator of the United States Agency for International Development shall regularly consult together and with the heads of other relevant Federal departments and agencies. The Secretary of State shall submit to the appropriate congressional committees an annual report on the work of, successes obtained, and challenges faced by the Global Equality Fund and the LGBTQI Global Development Partnership established in accordance with this section.
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— ensures that the program, project, or activity funded by such amounts are made available to all appropriate 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; 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 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).
The Secretary of State shall provide to the appropriate congressional committees a quarterly report on the methods by which the Department of State monitors compliance with the requirement under paragraph (1)(A). The Secretary of State, acting through the Director of the Office of Foreign Assistance, shall— monitor the amount of foreign assistance obligated and expended on programs, projects, and activities relating to LGBTQI people; and provide the results of the indicators tracking such expenditure, upon request, to the Organization for Economic Co-Operation and Development.
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- 86 FR 7023
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Sec. 7
Foreign assistance to protect human rights of LGBTQI people
Fed. Reg.86 FR 7023
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