I 

116TH CONGRESS 

1ST SESSION H. R. 3212 

To amend the Foreign Assistance Act of 1961 to include in the Annual 

Country Reports on Human Rights Practices a section on conflict-related 

sexual and gender-based violence, to amend the Global Magnitsky Human 

Rights Accountability Act to authorize the President to impose economic 

sanctions and a visa ban on the leader of an organization that commits 

sexual or gender-based violence. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2019 

Ms. PINGREE (for herself, Ms. SPEIER, Ms. KUSTER of New Hampshire, Ms. 

OMAR, Ms. MENG, and Ms. FRANKEL) 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 amend the Foreign Assistance Act of 1961 to include 

in the Annual Country Reports on Human Rights Practices a section on conflict-related sexual and genderbased violence, to amend the Global Magnitsky Human 

Rights Accountability Act to authorize the President to 

impose economic sanctions and a visa ban on the leader 

of an organization that commits sexual or gender-based 

violence. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Accountability for Sex3 ual and Gender-based Violence as a Tool in Conflict Act 

4 of 2019’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 

7 (1) The United States, as a permanent member 

8 of the United Nations Security Council, voted in 

9 favor of Security Council Resolutions 1325 (2000); 

10 1820 (2008); 1888 (2009); 1960 (2010); 2106 

11 (2013); 2242 (2015); and 2331 (2016), which state 

12 that acts of sexual violence and human trafficking 

13 threaten international peace and security and can 

14 constitute war crimes, crimes against humanity, acts 

15 of genocide, and terrorism. 

16 (2) The United States is a signatory to the G8 

17 Declaration on Preventing Sexual Violence in Con18 flict, done in London April 11, 2013, and sponsored 

19 by the United Kingdom’s Foreign & Commonwealth 

20 Office’s Preventing Sexual Violence Initiative. The 

21 United States and its allies declared that concerns 

22 related to sexual violence in armed conflict must be 

23 part of peace and security efforts, post-conflict tran24 sition and reform measures, and accountability proc25 esses. 


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1 (3) Despite these advances in normative frame2 works, sexual and gender-based violence continues to 

3 be pervasive, and the responses from governments 

4 and the international community range from insuffi5 cient and inadequate to negligent and complicit, as 

6 documented in United Nations’ reports. 

7 (4) Gender-based violence, including sexual vio8 lence— 

9 (A) is a global pandemic that affects 1 in 

10 3 women during their lifetimes; and 

11 (B) occurs at higher rates in conflict-af12 fected areas. 

13 (5) Incidences of domestic violence, child, early, 

14 or forced marriages, human trafficking, and other 

15 forms of sexual and gender-based violence within 

16 displaced or conflict-affected communities— 

17 (A) increase during conflict due to exacer18 bated social tensions and underlying gender in19 equalities that existed in communities prior to 

20 such conflict; and 

21 (B) occur in parallel to sexual and gender22 based violence perpetrated as a weapon of war. 

23 (6) Gender-based violence is underreported in 

24 all settings. Recorded cases of gender-based violence 

25 represent only a small fraction of the overall total. 


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1 A lack of available data should not be interpreted to 

2 mean that gender-based violence is not a major and 

3 pressing issue, but should be viewed as an indication 

4 of the challenges in gathering information. 

5 (7) Rape and sexual assault have been used as 

6 tactics of war and terror in conflict zones, including 

7 Burma, Central African Republic, Colombia, the 

8 Democratic Republic of Congo, Iraq, Mali, Somalia, 

9 South Sudan, Sudan, and Syria. 

10 (8) Rape, sexual slavery, and other forms of 

11 sexual violence have been used by terrorist and ex12 tremist groups, such as the so-called Islamic State, 

13 Boko Haram, and the Lord’s Resistance Army, to 

14 intimidate and terrorize communities. 

15 (9) Sexual and gender-based violence in recent 

16 conflicts has been used in Iraq, Syria, and Burma 

17 as a form of ethnic or religious persecution or geno18 cide against Yazidis, Christians, Turkmen Shi’a, and 

19 Rohingya Muslims. 

20 (10) The Secretary-General of the United Na21 tions stated that sexual violence in conflict triggers 

22 mass migration and forced displacement. 

23 (11) Sexual and gender-based violence in con24 flict is primarily used against women and girls, but 

25 can also be used against men and boys. 


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1 (12) Sexual and gender-based violence is not in2 cidental to conflict and is a weapon of choice for 

3 armed actors seeking to destabilize societies, given 

4 that its stigma and trauma continue after the con5 flict has ended. 

6 (13) Existing laws often fail to protect sur7 vivors of conflict-related sexual or gender-based vio8 lence, especially when the perpetrators are represent9 atives of government entities, such as military offi10 cers, soldiers, or non-state actors operating in areas 

11 where governments have failed to keep the peace. 

12 (14) Under the doctrine of military command 

13 responsibility, leaders can be prosecuted for war 

14 crimes when they— 

15 (A) knew or should have known that their 

16 subordinates were committing war crimes; and 

17 (B) failed to take all necessary and reason18 able measures to prevent such crimes or inves19 tigate and prosecute those responsible for such 

20 crimes. 

21 (15) Courts with jurisdiction over war crimes 

22 may be nonexistent, may lack capacity, or may be 

23 subject to the same political failings that allowed 

24 conflict-related sexual or gender-based violence to 

25 take place. While the United Nations Security CounVerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212

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1 cil could refer a case to the International Criminal 

2 Court, it is constrained by the prospects of a veto. 

3 (16) Convicting and imprisoning top military 

4 leaders with command or superior responsibility for 

5 rape or other forms of sexual and gender-based vio6 lence in conflict is essential to deter future crimes of 

7 sexual violence. Further support to civil society, 

8 grassroots organizations, women-led organizations, 

9 and justice actors is necessary to combat sexual vio10 lence and provide services and support to survivors. 

11 The landmark decision on December 15, 2017, by 

12 military justice authorities in the Democratic Repub13 lic of the Congo for the conviction of a provincial 

14 parliamentarian and members of the ‘‘Army of 

15 Jesus’’ militia for the crimes against humanity of 

16 rape of dozens of children in Kavumu, Democratic 

17 Republic of the Congo is a significant step for end18 ing impunity for sexual violence. 

19 (17) The United Nations Office of the Special 

20 Representative of the Secretary-General on Sexual 

21 Violence in Conflict and the United Nations Team of 

22 Experts on the Rule of Law and Sexual Violence in 

23 Conflict were established by Security Council Reso24 lution 1888 (2009) to work toward providing supVerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212

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1 port to survivors of sexual violence in conflict and 

2 ending impunity for these heinous crimes. 

3 (18) The United Nations Secretary-General’s 

4 annual report to the United Nations Security Coun5 cil on conflict-related sexual violence lists ‘‘parties 

6 credibly suspected of committing or being respon7 sible for patterns of rape or other forms of sexual 

8 violence in situations of armed conflict on the agen9 da of the Security Council’’ in its annex. This listing 

10 mechanism is an essential tool to promote compli11 ance with the provisions of the United Nations Secu12 rity Council resolutions referred to in paragraph (1). 

13 SEC. 3. STATEMENT OF POLICY. 

14 It is the policy of the United States— 

15 (1) to take effective action to prevent and to re16 spond to sexual and gender-based violence around 

17 the world, particularly when related to conflict, as a 

18 matter of promoting basic human rights; 

19 (2) to hold accountable leaders who fail to pre20 vent, respond to, investigate, and prosecute sexual 

21 and gender-based violence; and 

22 (3) to support survivors of conflict-related sex23 ual and general based violence. 


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1 SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

2 PRACTICES. 

3 (a) SAVINGS PROVISION.—The additional reporting 

4 requirements added under sections 116(d) and 502B(h) 

5 of the Foreign Assistance Act of 1961 (22 U.S.C. 

6 2151n(d) and 2304(h)) should not be considered as a sub7 stitute for comprehensive reporting on sexual and gender8 based violence in non-conflict settings. Such information 

9 should continue to be robustly reported on in the annual 

10 Country Reports on Human Rights Practices with any 

11 linkages and connections between these areas of reporting 

12 drawn through internal references amongst the various 

13 sections of each individual Country Report. 

14 (b) COUNTRIES RECEIVING ECONOMIC ASSIST15 ANCE.—Section 116(d) of the Foreign Assistance Act of 

16 1961 (22 U.S.C. 2151n(d)) is amended— 

17 (1) by redesignating paragraphs (9), (10), (11), 

18 and (12) as paragraphs (10), (11), (12), and (13), 

19 respectively; and 

20 (2) by inserting after paragraph (8) the fol21 lowing: 

22 ‘‘(9)(A) a description of sexual and gender23 based violence, including conflict-related sexual and 

24 gender-based violence and sexual assault (as defined 

25 in section 40002 of the Violence Against Women Act 

26 of 1994 (34 U.S.C. 12291)) or rape (as defined in 


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1 section 2441 of title 18, United States Code), as a 

2 tool of terror or war, in each foreign country; 

3 ‘‘(B) consolidated information regarding the 

4 commission of war crimes, crimes against humanity, 

5 and evidence of acts that may constitute genocide 

6 (as defined in article 2 of the Convention on the 

7 Prevention and Punishment of the Crime of Geno8 cide and modified by section 2(a) of the Genocide 

9 Convention Implementation Act of 1987 (the Prox10 mire Act)); 

11 ‘‘(C) with respect to each country in which 

12 there is sexual and gender-based violence, especially 

13 as a result of conflict or where rape or sexual vio14 lence has been used as a tool of terror or war by 

15 state or non-state actors, an assessment of the ef16 forts by the government of that country to combat 

17 such violence, including an assessment of— 

18 ‘‘(i) whether governmental authorities in 

19 that country participate in, facilitate, or con20 done sexual and gender-based violence; 

21 ‘‘(ii) the steps the government of that 

22 country has taken to prohibit government offi23 cials, including military officers and non-state 

24 actors from participating in, facilitating, or 

25 condoning sexual and gender-based violence, inVerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212

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1 cluding the investigation, prosecution, and con2 viction of such officials; 

3 ‘‘(iii) the steps the government of that 

4 country has taken to assist survivors of gender 

5 or sexual-based violence, including efforts to 

6 prevent survivors from being further victimized 

7 by perpetrators, government officials, or others, 

8 and provision of humanitarian relief, including 

9 provision of comprehensive health care services, 

10 including mental, sexual, and reproductive 

11 health services, and other physical health care 

12 and reparation; and 

13 ‘‘(iv) whether the government of that coun14 try recognizes the rights of survivors of sexual 

15 and gender-based violence and ensures their ac16 cess to justice; and 

17 ‘‘(D) such other information relating to sexual 

18 and gender-based violence, including conflict-related 

19 violence, as the Secretary of State considers appro20 priate.’’. 

21 (c) COUNTRIES RECEIVING SECURITY ASSIST22 ANCE.—Section 502B of the Foreign Assistance Act of 

23 1961 (22 U.S.C. 2304) is amended— 

24 (1) by redesignating the second subsection (i) 

25 (relating to child marriage) as subsection (j); and 


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1 (2) by adding at the end the following: 

2 ‘‘(k) SEXUAL AND GENDER-BASED VIOLENCE.— 

3 Each report required under subsection (b) shall include— 

4 ‘‘(1) a description of the nature and extent of 

5 sexual and gender-based violence, including conflict6 related sexual and gender-based violence and sexual 

7 assault (as defined in section 40002 of the Violence 

8 Against Women Act of 1994 (34 U.S.C. 12291)) or 

9 rape (as defined in section 2441 of title 18, United 

10 States Code) as a tool or terror or war, in each for11 eign country; 

12 ‘‘(2) consolidated information regarding the 

13 commission of war crimes, crimes against humanity, 

14 and evidence of acts that may constitute genocide 

15 (as defined in article 2 of the Convention on the 

16 Prevention and Punishment of the Crime of Geno17 cide and modified by section 2(a) of the Genocide 

18 Convention Implementation Act of 1987 (the Prox19 mire Act)); 

20 ‘‘(3) with respect to each country in which 

21 there is sexual and gender-based violence, especially 

22 as a result of conflict or where rape or sexual as23 sault has been used as a tool of terror or war by 

24 state or non-state actors, an assessment of the efVerDate Sep 11 2014 05:08 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3212.IH H3212

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1 forts by the government of that country to combat 

2 such violence, including an assessment of— 

3 ‘‘(A) whether governmental authorities in 

4 that country participate in, facilitate, or con5 done sexual and gender-based violence; 

6 ‘‘(B) what steps the government of that 

7 country has taken to prohibit government offi8 cials, including military officers, and non-state 

9 actors from participating in, facilitating, or 

10 condoning sexual and gender-based violence, in11 cluding the investigation, prosecution, and con12 viction of such officials; 

13 ‘‘(C) what steps the government of that 

14 country has taken to assist victims of sexual 

15 and gender-based violence, including efforts to 

16 prevent survivors from being further victimized 

17 by perpetrators, government officials, or others, 

18 and provision of humanitarian relief, including 

19 provision of comprehensive health services, in20 cluding mental, sexual, and reproductive health 

21 services, and other physical health care and rep22 aration; and 

23 ‘‘(D) whether the government of that coun24 try recognizes the rights of survivors of sexual 


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1 and gender-based violence and ensures their ac2 cess to justice; and 

3 ‘‘(4) such other information relating to sexual 

4 and gender-based violence, including conflict-related 

5 sexual and gender-based violence, as the Secretary of 

6 State considers appropriate.’’. 

7 SEC. 5. ACTIONS AGAINST PERPETRATORS OF CONFLICT8 BASED SEXUAL AND GENDER-BASED VIO9 LENCE. 

10 (a) SANCTIONS.—Section 1263(a)(1) of the Global 

11 Magnitsky Human Rights Accountability Act (22 U.S.C. 

12 2656 note) is amended, in the matter preceding subpara13 graph (A), by inserting ‘‘sexual and gender-based vio14 lence,’’ after ‘‘torture,’’. 

15 (b) TRAVEL RESTRICTIONS.—Section 7031(c)(1)(A) 

16 of the Department of State, Foreign Operations, and Re17 lated Programs Appropriations Act, 2019 (division F of 

18 the Consolidated Appropriations Act, 2019; Public Law 

19 116–6) is amended by inserting ‘‘, including sexual or gen20 der-based violence,’’ after ‘‘human rights’’. 

Æ 


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