GLOBE Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 4050 To protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 12, 2023 Ms. TITUS (for herself, Ms. DEAN of Pennsylvania, Mr. CONNOLLY, Ms. WIL- LIAMS of Georgia, Ms. CLARKE of New York, Mr. COHEN, Mr. TORRES of New York, Mr. POCAN, Mr. ALLRED, Mr. SHERMAN, Mr. KIM of New Jersey, Ms. SA´NCHEZ, Ms. WASSERMAN SCHULTZ, Ms. BARRAGA´N, Ms. JACOBS, Mr. PANETTA, Ms. LEE of California, Mr. HUFFMAN, Mr. COSTA, Mr. GREEN of Texas, Mr. MCGOVERN, Mr. QUIGLEY, Mrs. WAT- SON COLEMAN, Mr. KILDEE, Ms. NORTON, Mr. CASTRO of Texas, Mr. ROBERT GARCIA of California, Mr. GOMEZ, Ms. LEGER FERNANDEZ, Mrs. NAPOLITANO, Ms. TOKUDA, Ms. PINGREE, Mr. BERA, Mrs. MCCLELLAN, Ms. LEE of Nevada, Mr. SCHNEIDER, Mr. KEATING, Ms. OMAR, Ms. STRICKLAND, Ms. JAYAPAL, Mr. LYNCH, Ms. MENG, Ms. SCANLON, Ms. DAVIDS of Kansas, Ms. KAMLAGER-DOVE, Mr. LEVIN, Mr. GOTTHEIMER, Mr. SCHIFF, Ms. CHU, Mr. MOULTON, Mr. DESAULNIER, Ms. CROCKETT, Ms. BROWNLEY, Mr. JOHNSON of Geor- gia, and Ms. BALINT) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 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 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4050 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Greater Leadership 2 Overseas for the Benefit of Equality Act of 2023’’ or the 3 ‘‘GLOBE Act of 2023’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) The norms of good governance, human 7 rights protections, and the rule of law have been vio- 8 lated unconscionably with respect to lesbian, gay, bi- 9 sexual, transgender, queer, and intersex (LGBTQI) 10 peoples in an overwhelming majority of countries 11 around the world, where LGBTQI people face vio- 12 lence, hatred, bigotry, and discrimination because of 13 who they are and whom they love. 14 (2) In at least 67 countries, or roughly 35 per- 15 cent of the world, same-sex relations and relation- 16 ships are criminalized. Many countries also crim- 17 inalize or otherwise prohibit cross-dressing and gen- 18 der-affirming treatments for transgender individuals. 19 (3) The World Bank has begun to measure the 20 macro-economic costs of criminal laws targeting 21 LGBTQI individuals through lost productivity, detri- 22 mental health outcomes and violence, as a step to- 23 ward mitigating those costs. 24 (4) Violence and discrimination based on sexual 25 orientation and gender identity are documented in 26 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4050 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 LGBTQI citizens. 9 (5) As documented by the State Department, 10 LGBTQI individuals are subjected in many coun- 11 tries to capricious imprisonment, loss of employ- 12 ment, housing, access to health care, societal stigma, 13 and discrimination. LGBTQI-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 LGBTQI people. 19 (7) Anti-LGBTQI laws and discrimination pose 20 significant risks for LGBTQI 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 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 4050 IH risks of substance abuse, suicide, and HIV infection 1 among LGBTQI youth. 2 (8) Anti-LGBTQI laws also increase global 3 health risks. Studies have shown that when 4 LGBTQI people, especially LGBTQI youth, face dis- 5 crimination, they are less likely to seek HIV testing, 6 prevention, and treatment services. 7 (9) LGBTQI populations are disproportionately 8 impacted by the Mexico City Policy, also widely re- 9 ferred to as the ‘‘global gag rule’’. LGBTQI people 10 often receive much of their health care through re- 11 productive health clinics, and organizations that can- 12 not comply with the policy are forced to discontinue 13 work on United States-supported global health 14 projects that are frequently used by LGBTQI popu- 15 lations, including HIV prevention and treatment, 16 stigma reduction, and research. 17 (10) Because they face tremendous discrimina- 18 tion in the formal labor sector, many sex workers 19 are also LGBTQI individuals, and many sex-worker- 20 led programs and clinics serve the LGBTQI commu- 21 nity with safe, non-stigmatizing, medical and social 22 care. USAID has also referred to sex workers as a 23 ‘‘most-at-risk population’’. The anti-prostitution loy- 24 alty oath that health care providers receiving United 25 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 4050 IH States assistance must take isolates sex-worker-led 1 and serving groups from programs and reinforces 2 stigma, undermining both the global AIDS response 3 and human rights. The Supreme Court found this 4 requirement unconstitutional as it applies to United 5 States nongovernmental organizations and their for- 6 eign affiliates in 2013. 7 (11) According to the Trans Murder Monitoring 8 Project, which monitors homicides of transgender in- 9 dividuals, there were at least 327 cases of reported 10 killings of trans and gender-diverse people between 11 October 1, 2021, and September 30, 2022. 12 (12) In many countries, intersex individuals ex- 13 perience prejudice and discrimination because their 14 bodies do not conform to general expectations about 15 sex and gender. Because of these expectations, medi- 16 cally unnecessary interventions are often performed 17 in infancy without the consent or approval of 18 intersex individuals, in violation of international 19 human rights standards. 20 (13) Asylum and refugee protection are critical 21 last-resort protections for LGBTQI individuals, but 22 those who seek such protections face ostracization 23 and abuse in refugee camps and detention facilities. 24 They are frequently targeted for violence, including 25 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 4050 IH sexual assault, in refugee camps and in immigration 1 detention. LGBTQI individuals may be segregated 2 against their will for long periods in solitary confine- 3 ment, in an effort to protect them from such vio- 4 lence, but prolonged solitary confinement itself rep- 5 resents an additional form of abuse that is pro- 6 foundly damaging to the social and psychological 7 well-being of any individual. 8 (14) The global COVID–19 pandemic has exac- 9 erbated inequalities that LGBTQI individuals face, 10 including access to health care, stigma, and discrimi- 11 nation, undermining LGBTQI rights around the 12 world. 13 (15) In December 2011, President Barack 14 Obama directed all Federal foreign affairs agencies 15 to ensure that their diplomatic, humanitarian, health 16 and foreign assistance programs take into account 17 the needs of marginalized LGBTQI communities 18 and persons. 19 (16) In 2015, the Department of State estab- 20 lished the position of Special Envoy for the Human 21 Rights of LGBTQI Persons. 22 (17) In 2021, President Joseph Biden issued 23 the Memorandum on Advancing the Human Rights 24 of Lesbian, Gay, Bisexual, Transgender, Queer, and 25 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 4050 IH Intersex Persons Around the World, which stated 1 that it is the policy of the United States to pursue 2 an end to violence and discrimination on the basis 3 of sexual orientation, gender identity or expression, 4 or sex characteristics and called for United States 5 global leadership on LGBTQI rights. 6 (18) In Bostock v. Clayton County, the Su- 7 preme Court held that title VII of the Civil Rights 8 Act of 1964 prohibits discrimination on the basis of 9 gender identity and sexual orientation. On January 10 20, 2021, President Biden issued Executive Order 11 13988 to enforce Bostock, which orders all agency 12 heads to determine the additional steps they should 13 take to ensure that administration policies are fully 14 implemented consistent with Bostock, including the 15 Secretary of State and the Administrator of USAID. 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 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 4050 IH ments, as in the United States-Mexico-Canada 1 Agreement, and trade preference programs is in- 2 tended both to ensure a level playing field for United 3 States business and to provide greater workplace 4 protections overseas, compatible with those of the 5 United States. 6 (21) Engaging multilateral fora and inter- 7 national institutions is critical to impacting global 8 norms and to broadening global commitments to 9 fairer standards for the treatment of all people, in- 10 cluding LGBTQI people. The United States must 11 remain a leader in the United Nations system and 12 has a vested interest in the success of that multilat- 13 eral engagement. 14 (22) Ongoing United States participation in the 15 Equal Rights Coalition, which is a new intergovern- 16 mental coalition of more than 40 governments and 17 leading civil society organizations that work together 18 to protect the human rights of LGBTQI people 19 around the world, remains vital to international ef- 20 forts to respond to violence and impunity. 21 (23) Those who represent the United States 22 abroad, including our diplomats, development spe- 23 cialists and military, should reflect the diversity of 24 our country and honor the United States call to 25 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 4050 IH equality, including through proud and open service 1 abroad by LGBTQI United States citizens and those 2 living with HIV. 3 SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTI- 4 VATED VIOLENCE AGAINST LGBTQI PEOPLE 5 ABROAD. 6 (a) INFORMATION REQUIRED TO BE INCLUDED IN 7 ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRAC- 8 TICES.— 9 (1) SECTION 116.—Section 116(d) of the For- 10 eign Assistance Act of 1961 (22 U.S.C. 2151n(d)) 11 is amended— 12 (A) in paragraph (11)(C), by striking ‘‘; 13 and’’ and inserting a semicolon; 14 (B) in paragraph (12)(C)(ii), by striking 15 the period at the end and inserting ‘‘; and’’; 16 and 17 (C) by adding at the end the following new 18 paragraph: 19 ‘‘(13) wherever applicable, the nature and ex- 20 tent of criminalization, discrimination, and violence 21 by state and non-state actors based on sexual ori- 22 entation or gender identity, as those terms are de- 23 fined in section 12 of the GLOBE Act of 2023, or 24 sex characteristics, including an identification of 25 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 4050 IH those countries that have adopted laws or constitu- 1 tional provisions that criminalize or discriminate 2 based on sexual orientation, gender identity, or sex 3 characteristics, including descriptions of such laws 4 and provisions.’’. 5 (2) SECTION 502B.—Section 502B of the For- 6 eign Assistance Act of 1961 (22 U.S.C. 2304) is 7 amended— 8 (A) by redesignating the second subsection 9 (i) (relating to child marriage status) as sub- 10 section (j); and 11 (B) by adding at the end the following new 12 subsection: 13 ‘‘(k) SEXUAL ORIENTATION, GENDER IDENTITY, 14 AND SEX CHARACTERISTICS.—The report required under 15 subsection (b) shall include, wherever applicable, the na- 16 ture and extent of criminalization, discrimination, and vio- 17 lence by state and non-state actors based on sexual ori- 18 entation or gender identity, as those terms are defined in 19 section 12 of the GLOBE Act of 2023, or sex characteris- 20 tics, including an identification of those countries that 21 have adopted laws or constitutional provisions that crim- 22 inalize or discriminate based on sexual orientation, gender 23 identity, or sex characteristics, including descriptions of 24 such laws and provisions.’’. 25 VerDate Sep 11 2014 02:00 Jul 11, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4050.IH H4050 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 4050 IH (b) REVIEW AT DIPLOMATIC AND CONSULAR 1 POSTS.— 2 (1) IN GENERAL.—In preparing the annual 3 country reports on human rights practices required 4 by section 116 or 502B of the Foreign Assistance 5 Act of 1961, as amended by subsection (a), the Sec- 6 retary of State shall obtain information from each 7 diplomatic and consular post with respect to the fol- 8 lowing: 9 (A) Incidents of violence against LGBTQI 10 people in the country in which such post is lo- 11 cated. 12 (B) An analysis of the factors enabling or 13 aggravating such incidents, such as government 14 policy, societal pressure, or external actors. 15 (C) The resp [Text truncated for display. 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