GLOBE Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3004 To protect human rights and enhance opportunities for LGBTI people around the world, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 10, 2019 Mr. MARKEY (for himself, Mrs. SHAHEEN, Mr. MERKLEY, Ms. BALDWIN, Ms. KLOBUCHAR, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Greater Leadership Overseas for the Benefit of Equality 5 Act of 2019’’ or the ‘‘GLOBE Act of 2019’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3004 IS Sec. 4. Documenting and responding to bias-motivated violence against LGBTI people abroad. Sec. 5. Sanctions on individuals responsible for violations of human rights against LGBTI people. Sec. 6. Combating international criminalization of LGBTI status, expression, or conduct. Sec. 7. Foreign assistance to protect human rights of LGBTI people. Sec. 8. Global health inclusivity. Sec. 9. Immigration reform. Sec. 10. Engaging international organizations in the fight against LGBTI dis- crimination. Sec. 11. Representing the rights of United States LGBTI 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 lesbian, gay, bi- 5 sexual, transgender, and intersex (LGBTI) peoples 6 in an overwhelming majority of countries around the 7 world, where LGBTI people face violence, hatred, 8 bigotry, and discrimination because of who they are 9 and who they love. 10 (2) In at least 68 countries, or almost 40 per- 11 cent of the world, same-sex relations and relation- 12 ships are criminalized. Many countries also crim- 13 inalize or otherwise prohibit cross-dressing and gen- 14 der-affirming treatments for transgender individuals. 15 (3) The World Bank has begun to measure the 16 macro-economic costs of criminal laws targeting 17 LGBTI individuals through lost productivity, detri- 18 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3004 IS mental health outcomes and violence, as a step to- 1 ward mitigating those costs. 2 (4) Violence and discrimination based on sexual 3 orientation and gender identity are documented in 4 the Department of State’s annual Country Human 5 Rights Reports to Congress, which show a clear pat- 6 tern of human rights violations, including murder, 7 rape, torture, death threats, extortion, and imprison- 8 ment, in every region of the world based on sexual 9 orientation and gender identity. In many instances 10 police, prison, military, and civilian government au- 11 thorities have been directly complicit in abuses 12 aimed at LGBTI citizens. 13 (5) As documented by the Department of State, 14 LGBTI individuals are subjected in many countries 15 to capricious imprisonment, loss of employment, 16 housing, access to health care, and societal stigma 17 and discrimination. LGBTI-specific restrictions on 18 basic freedoms of assembly, press, and speech exist 19 in every region of the world. 20 (6) Targeted sanctions are an important tool to 21 push for accountability for violations of the human 22 rights of LGBTI people. 23 (7) Anti-LGBTI laws and discrimination pose 24 significant risks for LGBTI youth who reveal their 25 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3004 IS sexual identity to their family or community and 1 often face rejection, homelessness, and limited edu- 2 cational and economic opportunities. These factors 3 contribute to increased risks of substance abuse, sui- 4 cide, and HIV infection among LGBTI youth. 5 (8) Anti-LGBTI laws also increase global 6 health risks. Studies have shown that when LGBTI 7 people, especially LGBTI youth, face discrimination, 8 they are less likely to seek HIV testing, prevention, 9 and treatment services. 10 (9) Because they face tremendous discrimina- 11 tion in the formal labor sector, many sex workers 12 are also LGBTI individuals, and many sex-worker- 13 led programs and clinics serve the LGBTI commu- 14 nity with safe, non-stigmatizing, medical and social 15 care. USAID has also referred to sex workers as a 16 ‘‘most-at-risk population’’. The anti-prostitution loy- 17 alty oath that health care providers receiving United 18 States assistance must take isolates sex-worker-led 19 and serving groups from programs and reinforces 20 stigma, undermining both the global AIDS response 21 and human rights. In 2013, the Supreme Court held 22 that this requirement is unconstitutional as it ap- 23 plies to United States nongovernmental organiza- 24 tions and their foreign affiliates. 25 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3004 IS (10) According to the Trans Murder Monitoring 1 Project, which monitors homicides of transgender in- 2 dividuals, there were at least 369 cases of reported 3 killings of transgender and gender-diverse people be- 4 tween October 2017 and September 2018, which 5 represents an increase compared to previous years. 6 (11) In many countries, intersex individuals ex- 7 perience prejudice and discrimination because their 8 bodies do not conform to general expectations about 9 sex and gender. Because of these expectations, medi- 10 cally unnecessary interventions are often performed 11 in infancy without the consent or approval of 12 intersex individuals and in violation of international 13 human rights standards. 14 (12) Asylum and refugee protection are critical 15 last-resort protections for LGBTI individuals, but 16 those who seek such protections face ostracization 17 and abuse in refugee camps and detention facilities. 18 They are frequently targeted for violence, including 19 sexual assault, in refugee camps and in immigration 20 detention. LGBTI individuals may be segregated 21 against their will for long periods in solitary confine- 22 ment, in an effort to protect them from such vio- 23 lence, but prolonged solitary confinement itself rep- 24 resents an additional form of abuse that is pro- 25 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3004 IS foundly damaging to the social and psychological 1 well-being of any individual. 2 (13) In December 2011, President Barack 3 Obama directed all Federal foreign affairs agencies 4 to ensure that their diplomatic, humanitarian, health 5 and foreign assistance programs take into account 6 the needs of marginalized LGBTI communities and 7 persons. 8 (14) In 2015, the Department of State estab- 9 lished the position of Special Envoy for the Human 10 Rights of LGBTI Persons. 11 (15) The use of United States diplomatic tools, 12 including the Department of State’s exchange and 13 speaker programs, to address the human rights 14 needs of marginalized communities has helped in- 15 form public debates in many countries regarding the 16 protective responsibilities of any democratic govern- 17 ment. 18 (16) Engaging multilateral fora and inter- 19 national institutions is critical to impacting global 20 norms and to broadening global commitments to 21 fairer standards for the treatment of all people, in- 22 cluding LGBTI. The United States must remain a 23 leader in the United Nations system and has a vest- 24 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3004 IS ed interest in the success of that multilateral en- 1 gagement. 2 (17) Ongoing United States participation in the 3 Equal Rights Coalition, which is a new intergovern- 4 mental coalition of more than 40 governments and 5 leading civil society organizations that work together 6 to protect the human rights of LGBTI people 7 around the world, remains vital to international ef- 8 forts to respond to violence and impunity. 9 (18) Those who represent the United States 10 abroad, including our diplomats, development spe- 11 cialists and military, should reflect the diversity of 12 our country and honor America’s call to equality, in- 13 cluding through proud and open service abroad by 14 LGBTI Americans and those living with HIV. 15 SEC. 3. DEFINITIONS. 16 In this Act: 17 (1) APPROPRIATE CONGRESSIONAL COMMIT- 18 TEES.—Except as provided in section 5, the term 19 ‘‘appropriate congressional committees’’ means— 20 (A) the Committee on Foreign Relations of 21 the Senate; 22 (B) the Committee on the Judiciary of the 23 Senate; 24 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3004 IS (C) the Committee on Appropriations of 1 the Senate; 2 (D) the Committee on Foreign Affairs of 3 the House of Representatives; 4 (E) the Committee on the Judiciary of the 5 House of Representatives; and 6 (F) the Committee on Appropriations of 7 the House of Representatives. 8 (2) LGBTI.—The term ‘‘LGBTI’’ means les- 9 bian, gay, bisexual, transgender, or intersex. 10 (3) MEMBER OF A VULNERABLE GROUP.—The 11 term ‘‘member of a vulnerable group’’ means an 12 alien who— 13 (A) is younger than 21 years of age or 14 older than 60 years of age; 15 (B) is pregnant; 16 (C) identifies as lesbian, gay, bisexual, 17 transgender, or intersex; 18 (D) is victim or witness of a crime; 19 (E) has filed a nonfrivolous civil rights 20 claim in a Federal or State court; 21 (F) has a serious mental or physical illness 22 or disability; 23 (G) has been determined by an asylum of- 24 ficer in an interview conducted under section 25 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3004 IS 235(b)(1)(B) of the Immigration and Nation- 1 ality Act (8 U.S.C. 1225(b)(1)(B)) to have a 2 credible fear of persecution; or 3 (H) has been determined by an immigra- 4 tion judge or by the Secretary of Homeland Se- 5 curity to be experiencing severe trauma or to be 6 a survivor of torture or gender-based violence, 7 based on information obtained during intake, 8 from the alien’s attorney or legal service pro- 9 vider, or through credible self-reporting. 10 SEC. 4. DOCUMENTING AND RESPONDING TO BIAS-MOTI- 11 VATED VIOLENCE AGAINST LGBTI PEOPLE 12 ABROAD. 13 (a) INFORMATION TO INCLUDE IN ANNUAL COUN- 14 TRY REPORTS ON HUMAN RIGHTS PRACTICES.—The For- 15 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 16 amended— 17 (1) in section 116(d) (22 U.S.C. 2151n(d))— 18 (A) in paragraph (11)(C), by striking 19 ‘‘and’’ at the end; 20 (B) in paragraph (12)(C)(ii), by striking 21 the period at the end and inserting ‘‘; and’’; 22 and 23 (C) by adding at the end the following: 24 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3004 IS ‘‘(13) wherever applicable, violence or discrimi- 1 nation that affects fundamental freedoms, including 2 widespread or systematic violation of the freedoms of 3 expression, association, or assembly of an individual 4 in foreign countries that is based on actual or per- 5 ceived sexual orientation, gender identity, or sex 6 characteristics.’’; and 7 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 8 inserting after the ninth sentence the following: 9 ‘‘Wherever applicable, such report shall also include 10 information regarding violence or discrimination that 11 affects the fundamental freedoms, including wide- 12 spread or systematic violation of the freedoms of ex- 13 pression, association, or assembly of an individual in 14 foreign countries that is based on actual or perceived 15 sexual orientation, gender identity, or sex character- 16 istics.’’. 17 (b) REVIEW AT DIPLOMATIC AND CONSULAR 18 POSTS.— 19 (1) IN GENERAL.—In preparing the annual 20 country reports on human rights practices required 21 under section 116 or 502B of the Foreign Assist- 22 ance Act of 1961 (22 U.S.C. 2151n and 2304), as 23 amended by subsection (a), the Secretary of State 24 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3004 IS shall obtain information from each diplomatic and 1 consular post with respect to— 2 (A) incidents of violence against LGBTI 3 people in the country in which such post is lo- 4 cated; 5 (B) an analysis of the factors enabling or 6 aggravating such incidents, such as government 7 policy, societal pressure, or external actors; and 8 (C) the response, whether public or pri- 9 vate, of the personnel of such post with respect 10 to such incidents. 11 (2) ADDRESSING BIAS-MOTIVATED VIOLENCE.— 12 The Secretary shall include, in the annual strategic 13 plans of the regional bureaus, concrete diplomatic 14 strategies, programs, and policies to address bias- 15 motivated violence using information obtained pursu- 16 ant to paragraph (1), such as programs to build ca- 17 pacity among civil society or governmental entities to 18 document, investigate, and prosecute instances of 19 such violence and provide support to victims of such 20 violence. 21 (c) INTERAGENCY GROUP.— 22 (1) ESTABLISHMENT.—There is established an 23 interagency group on responses to urgent threats to 24 LGBTI people in foreign countries (referred to in 25 VerDate Sep 11 2014 22:05 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3004 IS this subsection as the ‘‘interagency group’’), which 1 shall be chaired by the Secretary of State and shall 2 include the Secretary of Defense, the Secretary of 3 the Treasury, the Administrator of the United 4 States Agency for International Development, the 5 Attorney General, and the head of each other Fe [Text truncated for display. 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