[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 4050 Introduced in House (IH)] <DOC> 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. Williams 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. Sanchez, Ms. Wasserman Schultz, Ms. Barragan, Ms. Jacobs, Mr. Panetta, Ms. Lee of California, Mr. Huffman, Mr. Costa, Mr. Green of Texas, Mr. McGovern, Mr. Quigley, Mrs. Watson 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 Georgia, 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 Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Leadership Overseas for the Benefit of Equality Act of 2023'' or the ``GLOBE Act of 2023''. SEC. 2. FINDINGS. Congress finds the following: (1) The norms of good governance, human rights protections, and the rule of law have been violated unconscionably with respect to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) peoples in an overwhelming majority of countries around the world, where LGBTQI people face violence, hatred, bigotry, and discrimination because of who they are and whom they love. (2) In at least 67 countries, or roughly 35 percent of the world, same-sex relations and relationships are criminalized. Many countries also criminalize or otherwise prohibit cross- dressing and gender-affirming treatments for transgender individuals. (3) The World Bank has begun to measure the macro-economic costs of criminal laws targeting LGBTQI individuals through lost productivity, detrimental health outcomes and violence, as a step toward mitigating those costs. (4) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State's annual Country Human Rights Reports to Congress. These reports continue to show a clear pattern of human rights violations, including murder, rape, torture, death threats, extortion, and imprisonment, in every region of the world based on sexual orientation and gender identity. In many instances police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTQI citizens. (5) As documented by the State Department, LGBTQI individuals are subjected in many countries to capricious imprisonment, loss of employment, housing, access to health care, societal stigma, and discrimination. LGBTQI-specific restrictions on basic freedoms of assembly, press, and speech exist in every region of the world. (6) Targeted sanctions are an important tool to push for accountability for violations of the human rights of LGBTQI people. (7) Anti-LGBTQI laws and discrimination pose significant risks for LGBTQI youth who come out to their family or community and often face rejection, homelessness, and limited educational and economic opportunities. These factors contribute to increased risks of substance abuse, suicide, and HIV infection among LGBTQI youth. (8) Anti-LGBTQI laws also increase global health risks. Studies have shown that when LGBTQI people, especially LGBTQI youth, face discrimination, they are less likely to seek HIV testing, prevention, and treatment services. (9) LGBTQI populations are disproportionately impacted by the Mexico City Policy, also widely referred to as the ``global gag rule''. LGBTQI people often receive much of their health care through reproductive health clinics, and organizations that cannot comply with the policy are forced to discontinue work on United States-supported global health projects that are frequently used by LGBTQI populations, including HIV prevention and treatment, stigma reduction, and research. (10) Because they face tremendous discrimination in the formal labor sector, many sex workers are also LGBTQI individuals, and many sex-worker-led programs and clinics serve the LGBTQI community with safe, non-stigmatizing, medical and social care. USAID has also referred to sex workers as a ``most-at-risk population''. The anti-prostitution loyalty oath that health care providers receiving United States assistance must take isolates sex-worker-led and serving groups from programs and reinforces stigma, undermining both the global AIDS response and human rights. The Supreme Court found this requirement unconstitutional as it applies to United States nongovernmental organizations and their foreign affiliates in 2013. (11) According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, there were at least 327 cases of reported killings of trans and gender- diverse people between October 1, 2021, and September 30, 2022. (12) In many countries, intersex individuals experience prejudice and discrimination because their bodies do not conform to general expectations about sex and gender. Because of these expectations, medically unnecessary interventions are often performed in infancy without the consent or approval of intersex individuals, in violation of international human rights standards. (13) Asylum and refugee protection are critical last-resort protections for LGBTQI individuals, but those who seek such protections face ostracization and abuse in refugee camps and detention facilities. They are frequently targeted for violence, including sexual assault, in refugee camps and in immigration detention. LGBTQI individuals may be segregated against their will for long periods in solitary confinement, in an effort to protect them from such violence, but prolonged solitary confinement itself represents an additional form of abuse that is profoundly damaging to the social and psychological well-being of any individual. (14) The global COVID-19 pandemic has exacerbated inequalities that LGBTQI individuals face, including access to health care, stigma, and discrimination, undermining LGBTQI rights around the world. (15) In December 2011, President Barack Obama directed all Federal foreign affairs agencies to ensure that their diplomatic, humanitarian, health and foreign assistance programs take into account the needs of marginalized LGBTQI communities and persons. (16) In 2015, the Department of State established the position of Special Envoy for the Human Rights of LGBTQI Persons. (17) In 2021, President Joseph Biden issued the Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World, which stated that it is the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics and called for United States global leadership on LGBTQI rights. (18) In Bostock v. Clayton County, the Supreme Court held that title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of gender identity and sexual orientation. On January 20, 2021, President Biden issued Executive Order 13988 to enforce Bostock, which orders all agency heads to determine the additional steps they should take to ensure that administration policies are fully implemented consistent with Bostock, including the Secretary of State and the Administrator of USAID. (19) The use of United States diplomatic tools, including the Department of State's exchange and speaker programs, to address the human rights needs of marginalized communities has helped inform public debates in many countries regarding the protective responsibilities of any democratic government. (20) Inclusion of human rights protections for LGBTQI individuals in United States trade agreements, as in the United States-Mexico-Canada Agreement, and trade preference programs is intended both to ensure a level playing field for United States business and to provide greater workplace protections overseas, compatible with those of the United States. (21) Engaging multilateral fora and international institutions is critical to impacting global norms and to broadening global commitments to fairer standards for the treatment of all people, including LGBTQI people. The United States must remain a leader in the United Nations system and has a vested interest in the success of that multilateral engagement. (22) Ongoing United States participation in the Equal Rights Coalition, which is a new intergovernmental coalition of more than 40 governments and leading civil society organizations that work together to protect the human rights of LGBTQI people around the world, remains vital to international efforts to respond to violence and impunity. (23) Those who represent the United States abroad, including our diplomats, development specialists and military, should reflect the diversity of our country and honor the United States call to equality, including through proud and open service abroad by LGBTQI United States citizens and those living with HIV. SEC. 3. DOCUMENTING AND RESPONDING TO BIAS-MOTIVATED VIOLENCE AGAINST LGBTQI PEOPLE ABROAD. (a) Information Required To Be Included in Annual Country Reports on Human Rights Practices.-- (1) Section 116.--Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended-- (A) in paragraph (11)(C), by striking ``; and'' and inserting a semicolon; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(13) wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and non- state actors based on sexual orientation or gender identity, as those terms are defined in section 12 of the GLOBE Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions.''. (2) Section 502b.--Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended-- (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following new subsection: ``(k) Sexual Orientation, Gender Identity, and Sex Characteristics.--The report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and non-state actors based on sexual orientation or gender identity, as those terms are defined in section 12 of the GLOBE Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions.''. (b) Review at Diplomatic and Consular Posts.-- (1) In general.--In preparing the annual country reports on human rights practices required by section 116 or 502B of the Foreign Assistance Act of 1961, as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to the following: (A) Incidents of violence against LGBTQI people in the country in which such post is located. (B) An analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or external actors. (C) The response, whether public or private, of the personnel of such post with respect to such incidents. (2) Addressing bias-motivated violence.--The Secretary shall include in the annual strategic plans of the regional bureaus concrete diplomatic strategies, programs, and policies to address bias-motivated violence using information obtained pursuant to paragraph (1), such as programs to build capacity among civil society or governmental entities to document, investigate, and prosecute instances of such violence and provide support to victims of such violence. (c) Interagency Group.-- (1) Establishment.--There is established an interagency group on responses to urgent threats to LGBTQI people in foreign countries (in this subsection referred to as the ``interagency group''), that shall be chaired by the Secretary of State and include the Secretary of Defense, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Attorney General, and the head of each other Federal department or agency the President determines is relevant to the duties of the interagency group. (2) Duties.--The duties of the interagency group shall be to-- (A) coordinate the responses of each participating agency with respect to threats directed towards LGBTQI populations in other countries; (B) develop longer-term approaches to policy developments and incidents negatively impacting the LGBTQI populations in specific countries; (C) advise the President on the designation of foreign persons for sanctions pursuant to section 4; (D) identify United States laws and policies, at the Federal, State, and local levels, that affirm the equality of LGBTQI persons; and (E) use such identified laws and policies to develop diplomatic strategies to share the expertise obtained from the implementation of such laws and policies with appropriate officials of countries where LGBTQI persons do not enjoy equal protection under the law. (d) Special Envoy for the Human Rights of LGBTQI Peoples.-- (1) Establishment.--The Secretary of State shall establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a permanent Special Envoy for the Human Rights of LGBTQI Peoples (in this section referred to as the ``Special Envoy''), who-- (A) shall be appointed by the President; and (B) shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor. (2) Rank.--The President may appoint the Special Envoy at the rank of Ambassador, by and with the advice and consent of the Senate. (3) Purpose.--The Special Envoy shall direct efforts of the United States Government relating to United States foreign policy, as directed by the Secretary, regarding human rights abuses against LGBTQI people and communities internationally and the advancement of human rights for LGBTQI people, and shall represent the United States internationally in bilateral and multilateral engagement on such matters. (4) Duties.--The Special Envoy shall-- (A) serve as the principal advisor to the Secretary of State regarding human rights for LGBTQI people internationally; (B) notwithstanding any other provision of law, direct activities, policies, programs, and funding relating to the human rights of LGBTQI people and the advancement of LGBTQI equality initiatives internationally, for all bureaus and offices of the Department of State and shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters; (C) represent the United States in diplomatic matters relevant to the human rights of LGBTQI people, including criminalization, discrimination, and violence against LGBTQI people internationally; (D) direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationa