II 

116TH CONGRESS 

1ST SESSION S. 1777 

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 SENATE OF THE UNITED STATES 

JUNE 11, 2019 

Mr. MARKEY (for himself, Mrs. SHAHEEN, and Ms. COLLINS) introduced the 

following bill; which was read twice and referred to the Committee on 

Foreign Relations 

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, 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1777 IS

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. 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1777 IS

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. 


kjohnson on DSK79L0C42 with BILLS
4 

•S 1777 IS

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. 


kjohnson on DSK79L0C42 with BILLS
5 

•S 1777 IS

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 06:23 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1777.IS S1777

kjohnson on DSK79L0C42 with BILLS
6 

•S 1777 IS

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 was established by Security 

22 Council Resolution 1888 (2009) to work toward end23 ing impunity for sexual violence. 

24 SEC. 3. STATEMENT OF POLICY. 

25 It is the policy of the United States— 


kjohnson on DSK79L0C42 with BILLS
7 

•S 1777 IS

1 (1) to take effective action to prevent and to re2 spond to sexual and gender-based violence around 

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

4 matter of promoting basic human rights; 

5 (2) to hold accountable leaders who fail to pre6 vent, respond to, investigate, and prosecute sexual 

7 and gender-based violence; and 

8 (3) to support survivors of conflict-related sex9 ual and general based violence. 

10 SEC. 4. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

11 PRACTICES. 

12 (a) SAVINGS PROVISION.—The additional reporting 

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

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

15 2151n(d) and 2304(h)) should not be considered as a sub16 stitute for comprehensive reporting on sexual and gender17 based violence in non-conflict settings. Such information 

18 should continue to be robustly reported on in the annual 

19 Country Reports on Human Rights Practices with any 

20 linkages and connections between these areas of reporting 

21 drawn through internal references amongst the various 

22 sections of each individual Country Report. 

23 (b) COUNTRIES RECEIVING ECONOMIC ASSIST24 ANCE.—Section 116(d) of the Foreign Assistance Act of 

25 1961 (22 U.S.C. 2151n(d)) is amended— 


kjohnson on DSK79L0C42 with BILLS
8 

•S 1777 IS

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

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

3 respectively; and 

4 (2) by inserting after paragraph (8) the fol5 lowing: 

6 ‘‘(9)(A) a description of sexual and gender7 based violence, including conflict-related sexual and 

8 gender-based violence and sexual assault (as defined 

9 in section 40002 of the Violence Against Women Act 

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

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

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

13 ‘‘(B) with respect to each country in which 

14 there is sexual and gender-based violence, especially 

15 as a result of conflict or where rape or sexual vio16 lence has been used as a tool of terror or war by 

17 state or non-state actors, an assessment of the ef18 forts by the government of that country to combat 

19 such violence, including an assessment of— 

20 ‘‘(i) whether governmental authorities in 

21 that country participate in, facilitate, or con22 done sexual and gender-based violence; 

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

24 country has taken to prohibit government offi25 cials, including military officers and non-state 


kjohnson on DSK79L0C42 with BILLS
9 

•S 1777 IS

1 actors from participating in, facilitating, or 

2 condoning sexual and gender-based violence, in3 cluding the investigation, prosecution, and con4 viction of such officials; 

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

6 country has taken to assist survivors of gender 

7 or sexual-based violence, including efforts to 

8 prevent survivors from being further victimized 

9 by perpetrators, government officials, or others, 

10 and provision of humanitarian relief, including 

11 provision of comprehensive health care services, 

12 including mental, sexual, and reproductive 

13 health services, and other physical health care 

14 and reparation; and 

15 ‘‘(iv) whether the government of that coun16 try recognizes the rights of survivors of sexual 

17 and gender-based violence and ensures their ac18 cess to justice; and 

19 ‘‘(C) such other information relating to sexual 

20 and gender-based violence, including conflict-related 

21 violence, as the Secretary of State considers appro22 priate.’’. 

23 (c) COUNTRIES RECEIVING SECURITY ASSIST24 ANCE.—Section 502B(b) of the Foreign Assistance Act of 

25 1961 (22 U.S.C. 2304(b)) is amended— 


kjohnson on DSK79L0C42 with BILLS
10 

•S 1777 IS

1 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

2 (2) by striking ‘‘Wherever applicable, such re3 port shall include consolidated’’ and insert the fol4 lowing: 

5 ‘‘(2) Wherever applicable, each report required under 

6 paragraph (1) shall include— 

7 ‘‘(A) consolidated’’; 

8 (3) by striking ‘‘. Wherever applicable, such re9 port shall include information’’ and inserting the fol10 lowing: ‘‘; 

11 ‘‘(B) information’’; 

12 (4) by striking ‘‘. Such report shall also include, 

13 wherever applicable, information’’ and inserting the 

14 following: ‘‘; 

15 ‘‘(C) information’’; 

16 (5) by striking ‘‘Wherever applicable, such re17 port shall include a description’’ and inserting the 

18 following: ‘‘; 

19 ‘‘(D) a description’’; 

20 (6) by striking ‘‘. Such report shall also include 

21 information’’ and inserting the following: ‘‘; 

22 ‘‘(E) consolidated information regarding the 

23 commission of war crimes, crimes against humanity, 

24 and evidence of acts that may constitute genocide 

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


kjohnson on DSK79L0C42 with BILLS
11 

•S 1777 IS

1 Prevention and Punishment of the Crime of Geno2 cide and modified by section 2(a) of the Genocide 

3 Convention Implementation Act of 1987 (the Prox4 mire Act)); 

5 ‘‘(F) a description of the nature and extent of 

6 sexual and gender-based violence, including conflict7 related sexual and gender-based violence and sexual 

8 assault (as defined in section 40002 of the Violence 

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

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

11 States Code) as a tool or terror or war, in each for12 eign country; 

13 ‘‘(G) with respect to each country in which 

14 there is sexual and gender-based violence, especially 

15 as a result of conflict or where rape or sexual as16 sault has been used as a tool of terror or war by 

17 state or non-state actors, an assessment of the ef18 forts by the government of that country to combat 

19 such violence, including an assessment of— 

20 ‘‘(i) whether governmental authorities in 

21 that country participate in, facilitate, or con22 done sexual and gender-based violence; 

23 ‘‘(ii) what steps the government of that 

24 country has taken to prohibit government offi25 cials, including military officers, and non-state 


kjohnson on DSK79L0C42 with BILLS
12 

•S 1777 IS

1 actors from participating in, facilitating, or 

2 condoning sexual and gender-based violence, in3 cluding the investigation, prosecution, and con4 viction of such officials; 

5 ‘‘(iii) what steps the government of that 

6 country has taken to assist victims of sexual 

7 and gender-based violence, including efforts to 

8 prevent survivors from being further victimized 

9 by perpetrators, government officials, or others, 

10 and provision of humanitarian relief, including 

11 provision of comprehensive health services, in12 cluding mental, sexual, and reproductive health 

13 services, and other physical health care and rep14 aration; and 

15 ‘‘(iv) whether the government of that coun16 try recognizes the rights of survivors of sexual 

17 and gender-based violence and ensures their ac18 cess to justice; and 

19 ‘‘(H) such other information relating to sexual 

20 and gender-based violence, including conflict-related 

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

22 State considers appropriate. 

23 ‘‘(3) Each report required under paragraph (1) shall 

24 also include information’’; 


kjohnson on DSK79L0C42 with BILLS
13 

•S 1777 IS

1 (7) by striking ‘‘Each report under this section 

2 shall also include (i) wherever applicable, a descrip3 tion’’ and inserting the following: 

4 ‘‘(4) Each report required under this section shall 

5 also include, wherever applicable— 

6 ‘‘(A) a description’’; 

7 (8) by striking ‘‘, (ii) what steps, if any, taken 

8 by the government of the country to eliminate such 

9 practices, and (iii) such other information’’ and in10 serting the following: ‘‘; 

11 ‘‘(B) what steps, if any, taken by the govern12 ment of the country to eliminate such practices; and 

13 ‘‘(C) such other information’’; 

14 (9) by striking ‘‘In determining’’ and inserting 

15 the following: 

16 ‘‘(5) In determining’’; and 

17 (10) in paragraph (5), as redesignated, by re18 designating paragraphs (1) and (2) as subpara19 graphs (A) and (B), respectively. 

20 SEC. 5. ACTIONS AGAINST PERPETRATORS OF CONFLICT21 BASED SEXUAL AND GENDER-BASED VIO22 LENCE. 

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

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


kjohnson on DSK79L0C42 with BILLS
14 

•S 1777 IS

1 2656 note) is amended by inserting ‘‘sexual and gender2 based violence,’’ after ‘‘torture,’’. 

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

4 of the Department of State, Foreign Operations, and Re5 lated Programs Appropriations Act, 2019 (division F of 

6 Public Law 116–6) is amended by inserting ‘‘, including 

7 sexual and gender-based violence,’’ after ‘‘human rights’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS