GLOBE Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3800 To protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2021 Ms. TITUS (for herself, Mr. CICILLINE, Mr. CASTRO of Texas, Mr. PAPPAS, Mr. GRIJALVA, Mr. TAKANO, Ms. BONAMICI, Ms. BASS, Mr. ESPAILLAT, Mr. GARCI´A of Illinois, Ms. JACOBS of California, Ms. SCHAKOWSKY, Ms. NORTON, Mr. SHERMAN, Mr. LEVIN of Michigan, Mr. HUFFMAN, Mr. MCGOVERN, Mr. BLUMENAUER, Mr. LYNCH, Ms. SA´NCHEZ, Ms. DELBENE, Mr. SOTO, Mr. DESAULNIER, Mr. POCAN, Mr. DEUTCH, Mrs. NAPOLITANO, Mr. VARGAS, Mr. LOWENTHAL, Ms. PRESSLEY, Mr. PAL- LONE, Ms. CHU, Ms. BROWNLEY, Mr. CASE, Mr. KILMER, Mr. AUCHINCLOSS, Mr. CONNOLLY, Mr. MCEACHIN, Mr. COHEN, Ms. CLARKE of New York, Mr. KEATING, Ms. LOIS FRANKEL of Florida, Mr. HORSFORD, Mr. SIRES, Mr. SWALWELL, Mr. DELGADO, Ms. ESHOO, Mr. SMITH of Washington, Ms. WASSERMAN SCHULTZ, Mr. TONKO, Ms. SCANLON, Mrs. HAYES, Mr. JOHNSON of Georgia, Ms. PINGREE, Mr. RASKIN, Ms. ROYBAL-ALLARD, Mrs. LAWRENCE, Mr. QUIGLEY, Mr. PAYNE, Mr. TORRES of New York, Ms. OMAR, Ms. DEAN, Mr. KHANNA, Mr. SCHNEIDER, Ms. BOURDEAUX, Mr. RUPPERSBERGER, Ms. VELA´ZQUEZ, Ms. WEXTON, Mr. GALLEGO, Mr. PANETTA, Mr. KILDEE, Ms. BLUNT ROCHESTER, Ms. OCASIO-CORTEZ, Ms. MOORE of Wisconsin, Mr. SUOZZI, Mrs. WATSON COLEMAN, Mr. KIM of New Jersey, Ms. NEW- MAN, Ms. MENG, Mr. WELCH, Mr. GREEN of Texas, Mr. LARSON of Con- necticut, Mr. CARSON, Mrs. CAROLYN B. MALONEY of New York, Ms. TLAIB, Mr. SEAN PATRICK MALONEY of New York, Mr. JONES, Mr. MCNERNEY, Mr. NADLER, Ms. CRAIG, Mr. MALINOWSKI, Ms. MCCOL- LUM, Miss RICE of New York, Mr. COSTA, Mr. MEEKS, Mr. DANNY K. DAVIS of Illinois, Mr. LIEU, and Mr. HIMES) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in ad- dition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 2 •HR 3800 IH 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 TITLE. 3 This Act may be cited as the ‘‘Greater Leadership 4 Overseas for the Benefit of Equality Act of 2021’’ or the 5 ‘‘GLOBE Act of 2021’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 (1) The norms of good governance, human 9 rights protections, and the rule of law have been vio- 10 lated unconscionably with respect to lesbian, gay, bi- 11 sexual, transgender, queer, and intersex (LGBTQI) 12 peoples in an overwhelming majority of countries 13 around the world, where LGBTQI people face vio- 14 lence, hatred, bigotry, and discrimination because of 15 who they are and whom they love. 16 (2) In at least 68 countries, or almost 40 per- 17 cent of the world, same-sex relations and relation- 18 ships are criminalized. Many countries also crim- 19 inalize or otherwise prohibit cross-dressing and gen- 20 der-affirming treatments for transgender individuals. 21 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 3 •HR 3800 IH (3) The World Bank has begun to measure the 1 macro-economic costs of criminal laws targeting 2 LGBTQI individuals through lost productivity, detri- 3 mental health outcomes and violence, as a step to- 4 ward mitigating those costs. 5 (4) Violence and discrimination based on sexual 6 orientation and gender identity are documented in 7 the Department of State’s annual Country Human 8 Rights Reports to Congress. These reports continue 9 to show a clear pattern of human rights violations, 10 including murder, rape, torture, death threats, extor- 11 tion, and imprisonment, in every region of the world 12 based on sexual orientation and gender identity. In 13 many instances police, prison, military, and civilian 14 government authorities have been directly complicit 15 in abuses aimed at LGBTQI citizens. 16 (5) As documented by the State Department, 17 LGBTQI individuals are subjected in many coun- 18 tries to capricious imprisonment, loss of employ- 19 ment, housing, access to health care, and societal 20 stigma and discrimination. LGBTQI-specific restric- 21 tions on basic freedoms of assembly, press, and 22 speech exist in every region of the world. 23 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 4 •HR 3800 IH (6) Targeted sanctions are an important tool to 1 push for accountability for violations of the human 2 rights of LGBTQI people. 3 (7) Anti-LGBTQI laws and discrimination pose 4 significant risks for LGBTQI youth who come out to 5 their family or community and often face rejection, 6 homelessness, and limited educational and economic 7 opportunities. These factors contribute to increased 8 risks of substance abuse, suicide, and HIV infection 9 among LGBTQI youth. 10 (8) Anti-LGBTQI laws also increase global 11 health risks. Studies have shown that when 12 LGBTQI people, especially LGBTQI youth, face dis- 13 crimination, they are less likely to seek HIV testing, 14 prevention, and treatment services. 15 (9) LGBTQI populations are disproportionately 16 impacted by the Mexico City Policy, also widely re- 17 ferred to as the ‘‘global gag rule’’. LGBTQI people 18 often receive much of their health care through re- 19 productive health clinics, and organizations that can- 20 not comply with the policy are forced to discontinue 21 work on United States-supported global health 22 projects that are frequently used by LGBTQI popu- 23 lations, including HIV prevention and treatment, 24 stigma reduction, and research. 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 5 •HR 3800 IH (10) Because they face tremendous discrimina- 1 tion in the formal labor sector, many sex workers 2 are also LGBTQI individuals, and many sex-worker- 3 led programs and clinics serve the LGBTQI commu- 4 nity with safe, non-stigmatizing, medical and social 5 care. USAID has also referred to sex workers as a 6 ‘‘most-at-risk population’’. The anti-prostitution loy- 7 alty oath that health care providers receiving United 8 States assistance must take isolates sex-worker-led 9 and serving groups from programs and reinforces 10 stigma, undermining both the global AIDS response 11 and human rights. The Supreme Court found this 12 requirement unconstitutional as it applies to United 13 States nongovernmental organizations and their for- 14 eign affiliates in 2013. 15 (11) According to the Trans Murder Monitoring 16 Project, which monitors homicides of transgender in- 17 dividuals, there were at least 350 cases of reported 18 killings of trans and gender-diverse people between 19 October 2019 and September 2020, an increase over 20 previous years. 21 (12) In many countries, intersex individuals ex- 22 perience prejudice and discrimination because their 23 bodies do not conform to general expectations about 24 sex and gender. Because of these expectations, medi- 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 6 •HR 3800 IH cally unnecessary interventions are often performed 1 in infancy without the consent or approval of 2 intersex individuals, in violation of international 3 human rights standards. 4 (13) Asylum and refugee protection are critical 5 last-resort protections for LGBTQI individuals, but 6 those who seek such protections face ostracization 7 and abuse in refugee camps and detention facilities. 8 They are frequently targeted for violence, including 9 sexual assault, in refugee camps and in immigration 10 detention. LGBTQI individuals may be segregated 11 against their will for long periods in solitary confine- 12 ment, in an effort to protect them from such vio- 13 lence, but prolonged solitary confinement itself rep- 14 resents an additional form of abuse that is pro- 15 foundly damaging to the social and psychological 16 well-being of any individual. 17 (14) The global COVID–19 pandemic has exac- 18 erbated inequalities that LGBTQI individuals face, 19 including access to health care, stigma, and discrimi- 20 nation, undermining LGBTQI rights around the 21 world. 22 (15) In December 2011, President Barack 23 Obama directed all Federal foreign affairs agencies 24 to ensure that their diplomatic, humanitarian, health 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 7 •HR 3800 IH and foreign assistance programs take into account 1 the needs of marginalized LGBTQI communities 2 and persons. 3 (16) In 2015, the Department of State estab- 4 lished the position of Special Envoy for the Human 5 Rights of LGBTQI Persons. 6 (17) In 2021, President Joseph Biden issued 7 the Memorandum on Advancing the Human Rights 8 of Lesbian, Gay, Bisexual, Transgender, Queer, and 9 Intersex Persons Around the World, which stated 10 that it is the policy of the United States to pursue 11 an end to violence and discrimination on the basis 12 of sexual orientation, gender identity or expression, 13 or sex characteristics and called for United States 14 global leadership on LGBTQI rights. 15 (18) In Bostock v. Clayton County, the Su- 16 preme Court held that title VII of the Civil Rights 17 Act of 1964 prohibits discrimination on the basis of 18 gender identity and sexual orientation. On January 19 20, 2021, President Biden issued Executive Order 20 13988 to enforce Bostock, which orders all agency 21 heads to determine the additional steps they should 22 take to ensure that administration policies are fully 23 implemented consistent with Bostock, including the 24 Secretary of State and the Administrator of USAID. 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 8 •HR 3800 IH (19) The use of United States diplomatic tools, 1 including the Department of State’s exchange and 2 speaker programs, to address the human rights 3 needs of marginalized communities has helped in- 4 form public debates in many countries regarding the 5 protective responsibilities of any democratic govern- 6 ment. 7 (20) Inclusion of human rights protections for 8 LGBTQI individuals in United States trade agree- 9 ments, as in the United States-Mexico-Canada 10 Agreement, and trade preference programs is in- 11 tended both to ensure a level playing field for United 12 States business and to provide greater workplace 13 protections overseas, compatible with those of the 14 United States. 15 (21) Engaging multilateral fora and inter- 16 national institutions is critical to impacting global 17 norms and to broadening global commitments to 18 fairer standards for the treatment of all people, in- 19 cluding LGBTQI. The United States must remain a 20 leader in the United Nations system and has a vest- 21 ed interest in the success of that multilateral en- 22 gagement. 23 (22) Ongoing United States participation in the 24 Equal Rights Coalition, which is a new intergovern- 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 9 •HR 3800 IH mental coalition of more than 40 governments and 1 leading civil society organizations that work together 2 to protect the human rights of LGBTQI people 3 around the world, remains vital to international ef- 4 forts to respond to violence and impunity. 5 (23) Those who represent the United States 6 abroad, including our diplomats, development spe- 7 cialists and military, should reflect the diversity of 8 our country and honor America’s call to equality, in- 9 cluding through proud and open service abroad by 10 LGBTQI Americans and those living with HIV. 11 SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTI- 12 VATED VIOLENCE AGAINST LGBTQI PEOPLE 13 ABROAD. 14 (a) INFORMATION REQUIRED TO BE INCLUDED IN 15 ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRAC- 16 TICES.— 17 (1) SECTION 116.—Section 116(d) of the For- 18 eign Assistance Act of 1961 (22 U.S.C. 2151n(d)) 19 is amended— 20 (A) in paragraph (11)(C), by striking ‘‘; 21 and’’ and inserting a semicolon; 22 (B) in paragraph (12)(C)(ii), by striking 23 the period at the end and inserting ‘‘; and’’; 24 and 25 VerDate Sep 11 2014 22:45 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 10 •HR 3800 IH (C) by adding at the end the following new 1 paragraph: 2 ‘‘(13) wherever applicable, the nature and ex- 3 tent of criminalization, discrimination, and violence 4 based on sexual orientation and gender identity, in- 5 cluding an identification of those countries that have 6 adopted laws or constitutional provisions that crim- 7 inalize or discriminate based on sexual orientation or 8 gender identity, including detailed descriptions of 9 such laws and provisions.’’. 10 (2) SECTION 502B.—Section 502B of the For- 11 eign Assistance Act of 1961 (22 U.S.C. 2304) is 12 amended— 13 (A) by redesignating the second subsection 14 (i) (relating to child marriage status) as sub- 15 section (j); and 16 (B) by adding at the end the following new 17 subsection: 18 ‘‘(k) SEXUAL ORIENTATION AND GENDER IDEN- 19 TITY.—The report required under subsection (b) shall in- 20 clude, wherever applicable, the nature and extent of crim- 21 inalization, discrimination, and violence based on sexual 22 orientation and gender identity, including an identification 23 of those countries that have adopted laws or constitutional 24 provisions that criminalize or discriminate based on sexual 25 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3800.IH H3800 lotter on DSK11XQN23PROD with BILLS 11 •HR 3800 IH orientation or gender identity, including detailed descrip- 1 tions of such laws and provisions.’’. 2 (b) REVIEW AT DIPLOMATIC AND CONSULAR 3 POSTS.— 4 (1) IN GENERAL.—In preparing the annual 5 country reports on human rights practices required 6 by section 116 or 502B of the Foreign Assistance 7 Act of 1961, as amended by subsection (a), the Sec- 8 retary of State shall obtain information from each 9 [Text truncated for display. Full text available on Congress.gov.]