GLOBE Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1924 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 12, 2023 Mr. MARKEY (for himself, Mrs. SHAHEEN, Mr. MERKLEY, Mr. KAINE, Mr. PADILLA, Ms. STABENOW, Mr. MURPHY, Mr. SCHATZ, and Mrs. MUR- RAY) 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 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 2023’’ or the ‘‘GLOBE Act of 2023’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Definitions. VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1924 IS Sec. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad. Sec. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people. Sec. 6. Combating international criminalization of LGBTQI status, expression, or conduct. Sec. 7. Foreign assistance to protect human rights of LGBTQI people. Sec. 8. Global health inclusivity. Sec. 9. Immigration reform. Sec. 10. Issuance of passports and guarantee of United States citizenship to certain children born abroad. Sec. 11. Engaging international organizations in the fight against LGBTQI discrimination. Sec. 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts. SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The norms of good governance, human 3 rights protections, and the rule of law have been vio- 4 lated unconscionably with respect to LGBTQI people 5 in an overwhelming majority of countries around the 6 world, where LGBTQI people face violence, hatred, 7 bigotry, and discrimination because of who they are 8 and who they love. 9 (2) In at least 67 countries (almost 35 percent 10 of the countries in the world), same-sex relations 11 and relationships are criminalized. Many countries 12 also criminalize or otherwise prohibit cross-dressing 13 and gender-affirming treatments for transgender in- 14 dividuals. 15 (3) The World Bank has begun to measure the 16 macro-economic costs of criminal laws targeting 17 LGBTQI individuals through lost productivity, detri- 18 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1924 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 Reports 5 on Human Rights Practices, 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 LGBTQI citizens. 13 (5) As documented by the Department of State, 14 LGBTQI individuals are subjected in many coun- 15 tries to capricious imprisonment, loss of employ- 16 ment, housing, access to health care, and societal 17 stigma and discrimination. LGBTQI-specific restric- 18 tions on basic freedoms of assembly, press, and 19 speech exist 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 LGBTQI people. 23 (7) Anti-LGBTQI laws and discrimination pose 24 significant risks for LGBTQI youth who come out to 25 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1924 IS their family or community and often face rejection, 1 homelessness, and limited educational and economic 2 opportunities. These factors contribute to increased 3 risks of substance abuse, suicide, and HIV infection 4 among LGBTQI youth. 5 (8) Anti-LGBTQI laws also increase global 6 health risks. Studies have shown that when 7 LGBTQI people (especially LGBTQI youth) face 8 discrimination, they are less likely to seek HIV test- 9 ing, prevention, and treatment services. 10 (9) LGBTQI populations are disproportionately 11 impacted by the Mexico City Policy, which is widely 12 referred to as the ‘‘global gag rule’’. The global gag 13 rule prohibits foreign organizations receiving health 14 assistance from the United States from providing in- 15 formation, referrals, or services for legal abortion or 16 advocating for access to abortion services in their 17 country, even if an organization is using its own 18 money for such activities. LGBTQI people often re- 19 ceive much of their health care through reproductive 20 health clinics, and organizations that cannot comply 21 with the policy are forced to discontinue work on 22 United States-supported global health projects that 23 are frequently used by LGBTQI populations, includ- 24 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1924 IS ing HIV prevention and treatment, stigma reduc- 1 tion, and research. 2 (10) Because LGBTQI individuals face tremen- 3 dous discrimination in the formal labor sector, many 4 become sex workers. Many sex-worker-led programs 5 and clinics serve the LGBTQI community with safe, 6 non-stigmatizing, medical and social care. The anti- 7 prostitution loyalty oath that health care providers 8 receiving United States assistance must take isolates 9 sex-worker-led and serving groups from health care 10 programs and reinforces stigma, undermining both 11 the global AIDS response and human rights. A 2013 12 Supreme Court opinion held this requirement to be 13 unconstitutional as it applies to United States non- 14 governmental organizations. 15 (11) According to the Trans Murder Monitoring 16 Project, which monitors homicides of transgender in- 17 dividuals worldwide, there were at least 327 cases of 18 reported killings of trans and gender-diverse people 19 between October 1, 2021, and September 30, 2022. 20 (12) In many countries, intersex individuals ex- 21 perience prejudice and discrimination because their 22 bodies do not conform to general expectations about 23 sex and gender. Because of these expectations, medi- 24 cally unnecessary interventions are often performed 25 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1924 IS in infancy without the consent or approval of 1 intersex individuals, in violation of international 2 human rights standards. 3 (13) Asylum and refugee protection are critical 4 last-resort protections for LGBTQI individuals, but 5 those who seek such protections can face 6 ostracization and abuse in refugee camps and deten- 7 tion facilities. They are frequently targeted for vio- 8 lence, including sexual assault, in refugee camps and 9 in immigration detention. LGBTQI individuals may 10 be segregated against their will for long periods in 11 solitary confinement, in an effort to protect them 12 from such violence, but prolonged solitary confine- 13 ment itself represents an additional form of abuse 14 that is profoundly damaging to the social and psy- 15 chological well-being of any individual. 16 (14) The global COVID–19 pandemic has exac- 17 erbated inequalities faced by LGBTQI individuals, 18 including access to health care, stigma, and discrimi- 19 nation, undermining LGBTQI rights around the 20 world. 21 (15) In December 2011, President Barack 22 Obama released the ‘‘Presidential Memorandum— 23 International Initiatives to Advance the Human 24 Rights of Lesbian, Gay, Bisexual, and Transgender 25 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1924 IS Persons’’, which directed all Federal foreign affairs 1 agencies to ensure that their diplomatic, humani- 2 tarian, health and foreign assistance programs take 3 into account the needs of marginalized LGBTQI 4 communities and persons. 5 (16) In 2015, the Department of State estab- 6 lished the position of Special Envoy for the Human 7 Rights of Lesbian, Gay, Bisexual, Transgender, and 8 Intersex (LGBTI) Persons. The position was left va- 9 cant during the Trump Administration, but Presi- 10 dent Biden appointed a new United States Special 11 Envoy to Advance the Human Rights of Lesbian, 12 Gay, Bisexual, Transgender, Queer and Intersex 13 (LGBTQI+) Persons in 2021. 14 (17) In February 2021, President Joseph Biden 15 issued the Memorandum on Advancing the Human 16 Rights of Lesbian, Gay, Bisexual, Transgender, 17 Queer, and Intersex Persons Around the World, 18 which stated that it ‘‘shall be the policy of the 19 United States to pursue an end to violence and dis- 20 crimination on the basis of sexual orientation, gen- 21 der identity or expression, or sex characteristics’’, 22 and called for United States global leadership ‘‘in 23 the cause of advancing the human rights of 24 LGBTQI+ persons around the world.’’ 25 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1924 IS (18) In 2020, in Bostock v. Clayton County, 1 the Supreme Court held that Title VII of the Civil 2 Rights Act of 1964 (42 U.S.C. 2000e et seq.) pro- 3 hibits discrimination on the basis of gender identity 4 and sexual orientation. On January 20, 2021, Presi- 5 dent Biden issued Executive Order 13988 (86 Fed. 6 Reg. 7023; relating to preventing and combating dis- 7 crimination on the basis of sexual orientation or gen- 8 der identity) to enforce this holding, which orders all 9 Federal agency heads, including the Secretary of 10 State and the Administrator of the United States 11 Agency for International Development, to review 12 agency actions to determine what additional steps 13 should be taken to ensure that agency policies are 14 consistent with the nondiscrimination policy set 15 forth in Executive Order 13988. 16 (19) The use of United States diplomatic tools, 17 including the Department of State’s exchange and 18 speaker programs, to address the human rights 19 needs of marginalized communities has helped in- 20 form public debates in many countries regarding the 21 protective responsibilities of any democratic govern- 22 ment. 23 (20) Inclusion of human rights protections for 24 LGBTQI individuals in United States trade agree- 25 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1924 IS ments, such as the Agreement between the United 1 States of America, the United Mexican States, and 2 Canada (commonly known as the ‘‘USMCA’’) and 3 trade preference programs, is intended— 4 (A) to ensure a level playing field for 5 United States businesses; and 6 (B) to provide greater workplace protec- 7 tions overseas, compatible with those of the 8 United States. 9 (21) Engaging multilateral fora and inter- 10 national institutions is critical to impacting global 11 norms and to broadening global commitments to 12 fairer standards for the treatment of all people, in- 13 cluding LGBTQI people. The United States must 14 remain a leader in the United Nations system and 15 has a vested interest in the success of that multilat- 16 eral engagement. 17 (22) Ongoing United States participation in the 18 Equal Rights Coalition, which is an intergovern- 19 mental coalition of more than 40 governments and 20 leading civil society organizations that work together 21 to protect the human rights of LGBTQI people 22 around the world, remains vital to international ef- 23 forts to respond to violence committed against those 24 in the LGBTQI community with impunity. 25 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1924 IS (23) Those who represent the United States 1 abroad, including our diplomats, development spe- 2 cialists and military members, should reflect the di- 3 versity of our country and honor America’s call to 4 equality, including through proud and open service 5 abroad by LGBTQI Americans and those living with 6 HIV. 7 SEC. 3. DEFINITIONS. 8 In this Act: 9 (1) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES.—Except as provided in section 5, the term 11 ‘‘appropriate congressional committees’’ means— 12 (A) the Committee on Foreign Relations of 13 the Senate; 14 (B) the Committee on the Judiciary of the 15 Senate; 16 (C) the Committee on Appropriations of 17 the Senate; 18 (D) the Committee on Foreign Affairs of 19 the House of Representatives; 20 (E) the Committee on the Judiciary of the 21 House of Representatives; and 22 (F) the Committee on Appropriations of 23 the House of Representatives. 24 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1924.IS S1924 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1924 IS (2) GENDER IDENTITY.—The term ‘‘gender 1 identity’’ means the gender-related identity, appear- 2 ance, or mannerisms or other gender-related charac- 3 teristics of an individual, regardless of the individ- 4 ual’s designated sex at birth. 5 (3) LGBTQI.—The term ‘‘LGBTQI’’ means 6 lesbian, gay, bisexual, transgender, queer, or 7 intersex. 8 (4) MEMBER OF A VULNERABLE GROUP.—The 9 term ‘‘member of a vulnerable group’’ means an 10 alien who— 11 (A) is younger than 21 years of age or 12 older than 60 years of age; 13 (B) is pregnant; 14 (C) identifies as lesbian, gay, bisexual, 15 transgender, or intersex; 16 (D) is a victim or witness of a crime; 17 (E) has filed a nonfrivolous civil rights 18 claim in Federal or State court; 19 (F) has a serious mental or physical illness 20 or disability; 21 (G) has been determined by an asylum of- 22 ficer in an interview conducted under section 23 235(b)(1)(B) of the Immigration and Nation- 24 VerDate Sep 11 2014 20:12 Jul 09, 2023 Jkt 039200 PO 0 [Text truncated for display. Full text available on Congress.gov.]