[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