GLOBE Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1996 To protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 9, 2021 Mr. MARKEY (for himself, Mrs. SHAHEEN, Mr. MERKLEY, Mr. LEAHY, Mr. VAN HOLLEN, Mr. BLUMENTHAL, Mr. WYDEN, Mr. CARDIN, Mr. DUR- BIN, Mr. BOOKER, Mr. MURPHY, Ms. KLOBUCHAR, Mr. PADILLA, Mr. WHITEHOUSE, Mr. SCHATZ, Mr. CASEY, Mr. COONS, Ms. BALDWIN, Mrs. MURRAY, Ms. STABENOW, Ms. SMITH, Ms. ROSEN, and Mr. KAINE) in- troduced the following bill; which was read twice and referred to the Com- mittee 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLES; TABLE OF CONTENTS. 3 (a) SHORT TITLES.—This Act may be cited as the 4 ‘‘Greater Leadership Overseas for the Benefit of Equality 5 Act of 2021’’ or the ‘‘GLOBE Act of 2021’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 2 •S 1996 IS 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 LGBTQI United States citizens deployed to diplomatic and consular posts. SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The norms of good governance, human 3 rights protections, and the rule of law have been vio- 4 lated unconscionably with respect to LGBTQI people 5 in an overwhelming majority of countries around the 6 world, where LGBTQI people face violence, hatred, 7 bigotry, and discrimination because of who they are 8 and who they love. 9 (2) In at least 68 countries (almost 40 percent 10 of countries in the world), same-sex relations and re- 11 lationships are criminalized. Many countries also 12 criminalize or otherwise prohibit cross-dressing and 13 gender-affirming treatments for transgender individ- 14 uals. 15 (3) The World Bank has begun to measure the 16 macro-economic costs of criminal laws targeting 17 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 3 •S 1996 IS LGBTQI individuals through lost productivity, detri- 1 mental health outcomes and violence, as a step to- 2 ward mitigating those costs. 3 (4) Violence and discrimination based on sexual 4 orientation and gender identity are documented in 5 the Department of State’s annual Country Human 6 Rights Reports to Congress. These reports continue 7 to show a clear pattern of human rights violations, 8 including murder, rape, torture, death threats, extor- 9 tion, and imprisonment, in every region of the world 10 based on sexual orientation and gender identity. In 11 many instances police, prison, military, and civilian 12 government authorities have been directly complicit 13 in abuses aimed at LGBTQI citizens. 14 (5) As documented by the Department of State, 15 LGBTQI individuals are subjected in many coun- 16 tries to capricious imprisonment, loss of employ- 17 ment, housing, access to health care, and societal 18 stigma and discrimination. LGBTQI-specific restric- 19 tions on basic freedoms of assembly, press, and 20 speech exist in every region of the world. 21 (6) Targeted sanctions are an important tool to 22 push for accountability for violations of the human 23 rights of LGBTQI people. 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 4 •S 1996 IS (7) Anti-LGBTQI laws and discrimination pose 1 significant risks for LGBTQI youth who come out to 2 their family or community and often face rejection, 3 homelessness, and limited educational and economic 4 opportunities. These factors contribute to increased 5 risks of substance abuse, suicide, and HIV infection 6 among LGBTQI youth. 7 (8) Anti-LGBTQI laws also increase global 8 health risks. Studies have shown that when 9 LGBTQI people (especially LGBTQI youth) face 10 discrimination, they are less likely to seek HIV test- 11 ing, prevention, and treatment services. 12 (9) LGBTQI populations are disproportionately 13 impacted by the Mexico City Policy, also widely re- 14 ferred to as the ‘‘global gag rule’’. LGBTQI people 15 often receive much of their health care through re- 16 productive health clinics, and organizations that can- 17 not comply with the policy are forced to discontinue 18 work on United States-supported global health 19 projects that are frequently used by LGBTQI popu- 20 lations, including HIV prevention and treatment, 21 stigma reduction, and research. 22 (10) Because they face tremendous discrimina- 23 tion in the formal labor sector, many sex workers 24 are also LGBTQI individuals, and many sex-worker- 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 5 •S 1996 IS led programs and clinics serve the LGBTQI commu- 1 nity with safe, non-stigmatizing, medical and social 2 care. The United States Agency for International 3 Development has also referred to sex workers as a 4 ‘‘most-at-risk population’’. The anti-prostitution loy- 5 alty oath that health care providers receiving United 6 States assistance must take isolates sex-worker-led 7 and serving groups from programs and reinforces 8 stigma, undermining both the global AIDS response 9 and human rights. A 2013 Supreme Court opinion 10 held this requirement to be unconstitutional as it ap- 11 plies to United States nongovernmental organiza- 12 tions and their foreign affiliates. 13 (11) According to the Trans Murder Monitoring 14 Project, which monitors homicides of transgender in- 15 dividuals, there were at least 350 cases of reported 16 killings of trans and gender-diverse people between 17 October 2019 and September 2020. 18 (12) In many countries, intersex individuals ex- 19 perience prejudice and discrimination because their 20 bodies do not conform to general expectations about 21 sex and gender. Because of these expectations, medi- 22 cally unnecessary interventions are often performed 23 in infancy without the consent or approval of 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 6 •S 1996 IS intersex individuals, in violation of international 1 human rights standards. 2 (13) Asylum and refugee protection are critical 3 last-resort protections for LGBTQI individuals, but 4 those who seek such protections face ostracization 5 and abuse in refugee camps and detention facilities. 6 They are frequently targeted for violence, including 7 sexual assault, in refugee camps and in immigration 8 detention. LGBTQI individuals may be segregated 9 against their will for long periods in solitary confine- 10 ment, in an effort to protect them from such vio- 11 lence, but prolonged solitary confinement itself rep- 12 resents an additional form of abuse that is pro- 13 foundly damaging to the social and psychological 14 well-being of any individual. 15 (14) The global COVID–19 pandemic has exac- 16 erbated inequalities faced by LGBTQI individuals, 17 including access to health care, stigma, and discrimi- 18 nation, undermining LGBTQI rights around the 19 world. 20 (15) In December 2011, President Barack 21 Obama directed all Federal foreign affairs agencies 22 to ensure that their diplomatic, humanitarian, health 23 and foreign assistance programs take into account 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 7 •S 1996 IS the needs of marginalized LGBTQI communities 1 and persons. 2 (16) In 2015, the Department of State estab- 3 lished the position of Special Envoy for the Human 4 Rights of LGBTQI Persons. 5 (17) In 2021, President Joseph Biden issued 6 the Memorandum on Advancing the Human Rights 7 of Lesbian, Gay, Bisexual, Transgender, Queer, and 8 Intersex Persons Around the World, which stated 9 that it ‘‘shall be the policy of the United States to 10 pursue an end to violence and discrimination on the 11 basis of sexual orientation, gender identity or ex- 12 pression, or sex characteristics’’ and called for 13 United States global leadership‘‘ in the cause of ad- 14 vancing the human rights of LGBTQI+ persons 15 around the world’’. 16 (18) In 2020, in Bostock v. Clayton County, 17 the Supreme Court held that Title VII of the Civil 18 Rights Act of 1964 (42 U.S.C. 2000e et seq.) pro- 19 hibits discrimination on the basis of gender identity 20 and sexual orientation. On January 20, 2021, Presi- 21 dent Biden issued Executive Order 13988 (86 Fed. 22 Reg. 7023) to enforce this holding, which orders all 23 Federal agency heads, including the Secretary of 24 State and the Administrator of the United States 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 8 •S 1996 IS Agency for International Development, to review 1 agency actions to determine what additional steps 2 should be taken to ensure that agency policies are 3 consistent with the nondiscrimination policy set 4 forth in the Executive order. 5 (19) The use of United States diplomatic tools, 6 including the Department of State’s exchange and 7 speaker programs, to address the human rights 8 needs of marginalized communities has helped in- 9 form public debates in many countries regarding the 10 protective responsibilities of any democratic govern- 11 ment. 12 (20) Inclusion of human rights protections for 13 LGBTQI individuals in United States trade agree- 14 ments, such as the Agreement between the United 15 States of America, the United Mexican States, and 16 Canada (commonly known as the ‘‘USMCA’’) and 17 trade preference programs, is intended— 18 (A) to ensure a level playing field for 19 United States businesses; and 20 (B) to provide greater workplace protec- 21 tions overseas, compatible with those of the 22 United States. 23 (21) Engaging multilateral fora and inter- 24 national institutions is critical to impacting global 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 9 •S 1996 IS norms and to broadening global commitments to 1 fairer standards for the treatment of all people, in- 2 cluding LGBTQI people. The United States must 3 remain a leader in the United Nations system and 4 has a vested interest in the success of that multilat- 5 eral engagement. 6 (22) Ongoing United States participation in the 7 Equal Rights Coalition, which is a new intergovern- 8 mental coalition of more than 40 governments and 9 leading civil society organizations that work together 10 to protect the human rights of LGBTQI people 11 around the world, remains vital to international ef- 12 forts to respond to violence and impunity. 13 (23) Those who represent the United States 14 abroad, including our diplomats, development spe- 15 cialists and military, should reflect the diversity of 16 our country and honor America’s call to equality, in- 17 cluding through proud and open service abroad by 18 LGBTQI Americans and those living with HIV. 19 SEC. 3. DEFINITIONS. 20 In this Act: 21 (1) APPROPRIATE CONGRESSIONAL COMMIT- 22 TEES.—Except as provided in section 5, the term 23 ‘‘appropriate congressional committees’’ means— 24 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 10 •S 1996 IS (A) the Committee on Foreign Relations of 1 the Senate; 2 (B) the Committee on the Judiciary of the 3 Senate; 4 (C) the Committee on Appropriations of 5 the Senate; 6 (D) the Committee on Foreign Affairs of 7 the House of Representatives; 8 (E) the Committee on the Judiciary of the 9 House of Representatives; and 10 (F) the Committee on Appropriations of 11 the House of Representatives. 12 (2) GENDER IDENTITY.—The term ‘‘gender 13 identity’’ means the gender-related identity, appear- 14 ance, or mannerisms or other gender-related charac- 15 teristics of an individual, regardless of the individ- 16 ual’s designated sex at birth. 17 (3) LGBTQI.—The term ‘‘LGBTQI’’ means 18 lesbian, gay, bisexual, transgender, queer, or 19 intersex. 20 (4) MEMBER OF A VULNERABLE GROUP.—The 21 term ‘‘member of a vulnerable group’’ means an 22 alien who— 23 (A) is younger than 21 years of age or 24 older than 60 years of age; 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILLS 11 •S 1996 IS (B) is pregnant; 1 (C) identifies as lesbian, gay, bisexual, 2 transgender, or intersex; 3 (D) is victim or witness of a crime; 4 (E) has filed a nonfrivolous civil rights 5 claim in Federal or State court; 6 (F) has a serious mental or physical illness 7 or disability; 8 (G) has been determined by an asylum of- 9 ficer in an interview conducted under section 10 235(b)(1)(B) of the Immigration and Nation- 11 ality Act (8 U.S.C. 1225(b)(1)(B)) to have a 12 credible fear of persecution; or 13 (H) has been determined by an immigra- 14 tion judge or by the Secretary of Homeland Se- 15 curity, based on information obtained during in- 16 take, from the alien’s attorney or legal service 17 provider, or through credible self-reporting, to 18 be— 19 (i) experiencing severe trauma; or 20 (ii) a survivor of torture or gender- 21 based violence. 22 (5) SEXUAL ORIENTATION.—The term ‘‘sexual 23 orientation’’ means actual or perceived homosex- 24 uality, heterosexuality, or bisexuality. 25 VerDate Sep 11 2014 03:10 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996 SSpencer on DSK126QN23PROD with BILL [Text truncated for display. Full text available on Congress.gov.]