I 116TH CONGRESS 1ST SESSION H. R. 3874 To protect human rights and enhance opportunities for LGBTI people around the world, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 22, 2019 Ms. TITUS (for herself, Mr. CICILLINE, Mr. LOWENTHAL, Mr. TAKANO, Mr. ENGEL, Ms. HAALAND, Ms. OMAR, Mrs. LOWEY, Mr. QUIGLEY, Mr. CISNEROS, Mr. HUFFMAN, Mr. PAPPAS, Ms. SCHAKOWSKY, Mr. GRI- JALVA, Mr. ESPAILLAT, Mr. LEVIN of Michigan, Mr. SWALWELL of Cali- fornia, Ms. PINGREE, Mr. KENNEDY, Ms. MOORE, Mr. PALLONE, Ms. MENG, Mr. GALLEGO, Ms. SCANLON, Mr. NADLER, Ms. WEXTON, Mr. SMITH of Washington, Mr. KEATING, Mr. GARCI´A of Illinois, Ms. SPEIER, Ms. JUDY CHU of California, Ms. WASSERMAN SCHULTZ, Mr. RASKIN, Mr. POCAN, Ms. LEE of California, Mr. JOHNSON of Georgia, Mr. SEAN PATRICK MALONEY of New York, Mr. TRONE, Mr. MCGOVERN, Mr. HIMES, Mrs. NAPOLITANO, Ms. DAVIDS of Kansas, Mr. SCHNEIDER, Mr. GOMEZ, Mr. KILDEE, Ms. HILL of California, Ms. CRAIG, Mr. SOTO, Mr. SIRES, Mr. SHERMAN, Ms. JAYAPAL, Mr. MALINOWSKI, and Mr. DELGADO) introduced the following bill; which was referred to the Com- mittee on Foreign Affairs, and in addition to the Committee on the Judi- ciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect human rights and enhance opportunities for LGBTI 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 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 2 •HR 3874 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Greater Leadership 2 Overseas for the Benefit of Equality Act of 2019’’ or the 3 ‘‘GLOBE Act of 2019’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) The norms of good governance, human 7 rights protections, and the rule of law have been vio- 8 lated unconscionably with respect to lesbian, gay, bi- 9 sexual, transgender, and intersex (LGBTI) peoples 10 in an overwhelming majority of countries around the 11 world, where LGBTI people face violence, hatred, 12 bigotry, and discrimination because of who they are 13 and whom they love. 14 (2) In at least 68 countries, or almost 40 per- 15 cent of the world, same-sex relations and relation- 16 ships are criminalized. Many countries also crim- 17 inalize or otherwise prohibit cross-dressing and gen- 18 der-affirming treatments for transgender individuals. 19 (3) The World Bank has begun to measure the 20 macro-economic costs of criminal laws targeting 21 LGBTI individuals through lost productivity, detri- 22 mental health outcomes and violence, as a step to- 23 ward mitigating those costs. 24 (4) Violence and discrimination based on sexual 25 orientation and gender identity are documented in 26 VerDate Sep 11 2014 04:28 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 3 •HR 3874 IH the Department of State’s annual Country Human 1 Rights Reports to Congress. These reports continue 2 to show a clear pattern of human rights violations, 3 including murder, rape, torture, death threats, extor- 4 tion, and imprisonment, in every region of the world 5 based on sexual orientation and gender identity. In 6 many instances police, prison, military, and civilian 7 government authorities have been directly complicit 8 in abuses aimed at LGBTI citizens. 9 (5) As documented by the State Department, 10 LGBTI individuals are subjected in many countries 11 to capricious imprisonment, loss of employment, 12 housing, access to health care, and societal stigma 13 and discrimination. LGBTI-specific restrictions on 14 basic freedoms of assembly, press, and speech exist 15 in every region of the world. 16 (6) Targeted sanctions are an important tool to 17 push for accountability for violations of the human 18 rights of LGBTI people. 19 (7) Anti-LGBTI laws and discrimination pose 20 significant risks for LGBTI youth who come out to 21 their family or community and often face rejection, 22 homelessness, and limited educational and economic 23 opportunities. These factors contribute to increased 24 VerDate Sep 11 2014 04:28 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 4 •HR 3874 IH risks of substance abuse, suicide, and HIV infection 1 among LGBTI youth. 2 (8) Anti-LGBTI laws also increase global 3 health risks. Studies have shown that when LGBTI 4 people, especially LGBTI youth, face discrimination, 5 they are less likely to seek HIV testing, prevention, 6 and treatment services. 7 (9) LGBTI populations are disproportionately 8 impacted by the Mexico City Policy, also widely re- 9 ferred to as the ‘‘global gag rule’’, which has been 10 reinstated and expanded by President Donald J. 11 Trump. LGBTI people often receive much of their 12 healthcare through reproductive health clinics, and 13 organizations that cannot comply with the policy are 14 forced to discontinue work on United States-sup- 15 ported global health projects that are frequently 16 used by LGBTI populations, including HIV preven- 17 tion and treatment, stigma reduction, and research. 18 (10) Because they face tremendous discrimina- 19 tion in the formal labor sector, many sex workers 20 are also LGBTI individuals, and many sex-worker- 21 led programs and clinics serve the LGBTI commu- 22 nity with safe, non-stigmatizing, medical and social 23 care. USAID has also referred to sex workers as a 24 ‘‘most-at-risk population’’. The anti-prostitution loy- 25 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 5 •HR 3874 IH alty oath that health care providers receiving United 1 States assistance must take isolates sex-worker-led 2 and serving groups from programs and reinforces 3 stigma, undermining both the global AIDS response 4 and human rights. The Supreme Court found this 5 requirement unconstitutional as it applies to United 6 States nongovernmental organizations and their for- 7 eign affiliates in 2013. 8 (11) According to the Trans Murder Monitoring 9 Project, which monitors homicides of transgender in- 10 dividuals there were at least 369 cases of reported 11 killings of trans and gender-diverse people between 12 October 2017 and September 2018, an increase over 13 previous years. 14 (12) In many countries, intersex individuals ex- 15 perience prejudice and discrimination because their 16 bodies do not conform to general expectations about 17 sex and gender. Because of these expectations, medi- 18 cally unnecessary interventions are often performed 19 in infancy without the consent or approval of 20 intersex individuals, in violation of international 21 human rights standards. 22 (13) Asylum and refugee protection are critical 23 last-resort protections for LGBTI individuals, but 24 those who seek such protections face ostracization 25 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 6 •HR 3874 IH and abuse in refugee camps and detention facilities. 1 They are frequently targeted for violence, including 2 sexual assault, in refugee camps and in immigration 3 detention. LGBTI individuals may be segregated 4 against their will for long periods in solitary confine- 5 ment, in an effort to protect them from such vio- 6 lence, but prolonged solitary confinement itself rep- 7 resents an additional form of abuse that is pro- 8 foundly damaging to the social and psychological 9 well-being of any individual. 10 (14) In December 2011, President Barack 11 Obama directed all Federal foreign affairs agencies 12 to ensure that their diplomatic, humanitarian, health 13 and foreign assistance programs take into account 14 the needs of marginalized LGBTI communities and 15 persons. 16 (15) In 2015, the Department of State estab- 17 lished the position of Special Envoy for the Human 18 Rights of LGBTI Persons. 19 (16) The use of United States diplomatic tools, 20 including the Department of State’s exchange and 21 speaker programs, to address the human rights 22 needs of marginalized communities has helped in- 23 form public debates in many countries regarding the 24 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 7 •HR 3874 IH protective responsibilities of any democratic govern- 1 ment. 2 (17) Engaging multilateral fora and inter- 3 national institutions is critical to impacting global 4 norms and to broadening global commitments to 5 fairer standards for the treatment of all people, in- 6 cluding LGBTI. The United States must remain a 7 leader in the United Nations system and has a vest- 8 ed interest in the success of that multilateral en- 9 gagement. 10 (18) Ongoing United States participation in the 11 Equal Rights Coalition, which is a new intergovern- 12 mental coalition of more than 40 governments and 13 leading civil society organizations that work together 14 to protect the human rights of LGBTI people 15 around the world, remains vital to international ef- 16 forts to respond to violence and impunity. 17 (19) Those who represent the United States 18 abroad, including our diplomats, development spe- 19 cialists and military, should reflect the diversity of 20 our country and honor America’s call to equality, in- 21 cluding through proud and open service abroad by 22 LGBTI Americans and those living with HIV. 23 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 8 •HR 3874 IH SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTI- 1 VATED VIOLENCE AGAINST LGBTI PEOPLE 2 ABROAD. 3 (a) INFORMATION TO INCLUDE IN ANNUAL COUN- 4 TRY REPORTS ON HUMAN RIGHTS PRACTICES.—The For- 5 eign Assistance Act of 1961 is amended— 6 (1) in section 116(d) (22 U.S.C. 2151n(d))— 7 (A) in paragraph (11)(C), by striking 8 ‘‘and’’ at the end; 9 (B) in paragraph (12)(C)(ii), by striking 10 the period at the end and inserting ‘‘; and’’; 11 and 12 (C) by adding at the end the following new 13 paragraph: 14 ‘‘(13) wherever applicable, violence or discrimi- 15 nation that affects fundamental freedoms, including 16 widespread or systematic violation of the freedoms of 17 expression, association, or assembly of an individual 18 in foreign countries that is based on actual or per- 19 ceived sexual orientation, gender identity, or sex 20 characteristics.’’; and 21 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 22 inserting after the ninth sentence the following new 23 sentence: ‘‘Wherever applicable, such report shall 24 also include information regarding violence or dis- 25 crimination that affects the fundamental freedoms, 26 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 9 •HR 3874 IH including widespread or systematic violation of the 1 freedoms of expression, association, or assembly of 2 an individual in foreign countries that is based on 3 actual or perceived sexual orientation, gender iden- 4 tity, or sex characteristics.’’. 5 (b) REVIEW AT DIPLOMATIC AND CONSULAR 6 POSTS.— 7 (1) IN GENERAL.—In preparing the annual 8 country reports on human rights practices required 9 by section 116 or 502B of the Foreign Assistance 10 Act of 1961, as amended by subsection (a), the Sec- 11 retary of State shall obtain information from each 12 diplomatic and consular post with respect to the fol- 13 lowing: 14 (A) Incidents of violence against LGBTI 15 people in the country in which such post is lo- 16 cated. 17 (B) An analysis of the factors enabling or 18 aggravating such incidents, such as government 19 policy, societal pressure, or external actors. 20 (C) The response, whether public or pri- 21 vate, of the personnel of such post with respect 22 to such incidents. 23 (2) ADDRESSING BIAS-MOTIVATED VIOLENCE.— 24 The Secretary shall include in the annual strategic 25 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 10 •HR 3874 IH plans of the regional bureaus concrete diplomatic 1 strategies, programs, and policies to address bias- 2 motivated violence using information obtained pursu- 3 ant to paragraph (1), such as programs to build ca- 4 pacity among civil society or governmental entities to 5 document, investigate, and prosecute instances of 6 such violence and provide support to victims of such 7 violence. 8 (c) INTERAGENCY GROUP.— 9 (1) ESTABLISHMENT.—There is established an 10 interagency group on responses to urgent threats to 11 LGBTI people in foreign countries (in this sub- 12 section referred to as the ‘‘interagency group’’), that 13 shall be chaired by the Secretary of State and in- 14 clude the Secretary of Defense, the Secretary of the 15 Treasury, the Administrator of the United States 16 Agency for International Development, the Attorney 17 General, and the head of each other Federal depart- 18 ment or agency the President determines is relevant 19 to the duties of the interagency group. 20 (2) DUTIES.—The duties of the interagency 21 group shall be to— 22 (A) coordinate the responses of each par- 23 ticipating agency with respect to threats di- 24 VerDate Sep 11 2014 22:53 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3874.IH H3874 kjohnson on DSK79L0C42 with BILLS 11 •HR 3874 IH rected towards LGBTI populations in other 1 countries; 2 (B) develop longer-term approaches to pol- 3 icy developments and incidents negatively im- 4 pacting the LGBTI populations in specific 5 countries; 6 (C) advise the President on the designation 7 of foreign persons for sanctions pursuant to 8 section 4; 9 (D) identify United States laws and poli- 10 cies, at the Federal, State, and local levels, that 11 affirm the equality of LGBTI persons; and 12 (E) use such identified laws and policies to 13 develop diplomatic strategies to share the exper- 14 tise obtained from the implementation of such 15 laws and policies with appropriate officials of 16 countries where LGBTI persons do not enjoy 17 equal protection under the law. 18 (d) SPECIAL ENVOY FOR THE HUMAN RIGHTS OF 19 LGBTI PEOPLES.— 20 (1) ESTABLISHMENT.—The Secretary of State 21 shall establish in the Bureau of Democracy, Human 22 Rights, and Labor (DRL) of the Department of 23 State a permanent [Text truncated for display. 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