International Violence Against Women Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3037 To prevent international violence against women, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 12, 2019 Mrs. SHAHEEN (for herself, Ms. COLLINS, and Mr. ISAKSON) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prevent international violence against women, 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE; TABLE OF CONTENTS.—This Act 4 may be cited as the ‘‘International Violence Against 5 Women Act of 2019’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 2 •S 3037 IS TITLE I—UNITED STATES STRATEGY TO PREVENT AND RESPOND TO GENDER-BASED VIOLENCE GLOBALLY Sec. 101. Global strategy requirement. TITLE II—OVERSIGHT AND ACCOUNTABILITY Sec. 201. Definitions. Sec. 202. Office of Global Women’s Issues. Sec. 203. Senior Coordinator for Gender Equality and Women’s Empowerment. Sec. 204. Briefing. SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) An estimated 1 out of every 3 women 3 throughout the world will be beaten, coerced into 4 sex, or otherwise abused in her lifetime. 5 (2) Up to 70 percent of women in some coun- 6 tries report experiencing gender-based violence at 7 some point in their lives. 8 (3) Intimate partner violence is the most preva- 9 lent form of violence against women, preventing 10 them from playing more active roles in the social, 11 economic, and political development of their commu- 12 nities. 13 (4) Sexual violence among adolescents and pre- 14 adolescents is alarmingly high. National surveys in 15 Swaziland, Tanzania, Zimbabwe, Kenya, and Haiti 16 have found that between 28 and 38 percent of girls 17 and between 9 and 18 percent of boys report experi- 18 encing sexual violence before reaching 18 years of 19 age. 20 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 3 •S 3037 IS (5) Adult male respondents in 6 countries who 1 had experienced violence as children were signifi- 2 cantly more likely to report perpetrating intimate 3 partner violence themselves according to the Inter- 4 national Men and Gender Equality Survey dataset. 5 (6) Gender-based violence harms economies and 6 the workers that fuel them. Despite underreporting, 7 striking statistics document prevalent forms of gen- 8 der-based violence globally that affect the world of 9 work. Worldwide, women are concentrated in low- 10 wage, insecure jobs in workplaces where they lack 11 bargaining power, protections against gender-based 12 violence, safe and confidential reporting systems, re- 13 course to justice, or access to legal, medical, and 14 psychosocial services. 15 (7) Women living in poverty are particularly 16 vulnerable to gender-based violence. Lack of eco- 17 nomic opportunities often compels women to use 18 desperate and dangerous means to provide for them- 19 selves and their families, risking significant exposure 20 to labor exploitation and sexual exploitation and 21 abuse for both women and their children. 22 (8) Country studies indicate that the risk of 23 HIV among women who have experienced violence 24 may be up to three times higher than among those 25 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 4 •S 3037 IS who have not experienced violence. The World 1 Health Organization found that women who experi- 2 ence intimate partner violence are at more than 50 3 percent greater risk of HIV infection, and in some 4 instances their risk of HIV infection increases four- 5 fold. Women living with HIV are more likely to ex- 6 perience violence than other women, and fear of vio- 7 lence can prevent women from accessing HIV/AIDS 8 information and receiving treatment and counseling. 9 (9) Addressing gender inequality and gender- 10 based violence is essential to reducing HIV risk and 11 increasing access to HIV prevention, care and treat- 12 ment services for women and men. The President’s 13 Emergency Plan for AIDS Relief (PEPFAR) sup- 14 ports significant work in the field to incorporate ef- 15 forts to prevent and respond to gender-based vio- 16 lence into existing HIV treatment and prevention 17 programs. 18 (10) Prevalence of sexual and physical violence 19 is higher among persons with disabilities, particu- 20 larly for adolescents and intimate partners with dis- 21 abilities, and for men and women with intellectual 22 impairments living in institutions. The World Health 23 Organization reports that rates of gender-based vio- 24 lence are between 4 and 10 times greater among 25 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 5 •S 3037 IS persons with disabilities compared to non-disabled 1 persons. 2 (11) Displaced, refugee, and stateless women 3 and girls in humanitarian emergencies, conflict set- 4 tings, and natural disasters face extreme violence 5 and threats, including— 6 (A) being forced to exchange sex for food 7 and humanitarian supplies; and 8 (B) being at increased risk of rape, sexual 9 exploitation, trafficking, and abuse. 10 (12) Rape and sexual assault against women 11 and girls are used to torture, intimidate, and ter- 12 rorize communities. Rape and sexual assault are 13 used as tools of war in conflict zones, including the 14 Democratic Republic of Congo, Iraq, Syria, Afghani- 15 stan, Colombia, and South Sudan. 16 (13) Child and forced marriage— 17 (A) is a harmful practice that deprives 18 girls and women of their dignity and rights and 19 creates barriers to development for communities 20 and countries; 21 (B) is projected to affect more than 22 140,000,000 girls around the world who have 23 been or will be forced into marriage between 24 2011 and 2020; 25 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 6 •S 3037 IS (C) can prematurely end girls’ education, 1 increase vulnerability to gender-based violence, 2 and significantly raise the risk of maternal and 3 infant morbidity or mortality, including the risk 4 of obstetric fistula and sexually transmitted dis- 5 eases, including HIV/AIDS; and 6 (D) is perpetuated by poverty, a lack of 7 educational or employment opportunities for 8 girls, a lack of legal policies and enforcement of 9 laws, and religious, cultural, and social factors 10 related to girls’ perceived lack of value, factors 11 which become particularly acute in conflict and 12 disaster settings where fears of sexual violence 13 and overstretched coping mechanisms often 14 drive child and forced marriage. 15 (14) The harmful practice of female genital mu- 16 tilation/cutting (FGM/C) is carried out most often 17 on girls between infancy and 15 years of age and 18 has impacted more than 125,000,000 girls and 19 women around the world who are alive today. FGM/ 20 C can cause long-term health problems, including in- 21 fertility, complications in childbirth, and increased 22 risk of newborn deaths. 23 (15) World Bank data shows that gender in- 24 equality directly corresponds to increased levels of 25 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 7 •S 3037 IS political and economic instability within states. Gen- 1 der-based violence impedes women’s meaningful par- 2 ticipation in social, political, and economic spheres, 3 which is essential to the stability and democratiza- 4 tion of a country. Since women disproportionately 5 experience gender-based violence during conflict and 6 post-conflict reconstruction, they can play a pivotal 7 role in preventing, mitigating, and resolving conflict, 8 and countering extremism. 9 (16) Gender-based violence is a contributing 10 factor to human trafficking. Experts in the field 11 have reported that women and girls who have experi- 12 enced gender-based violence and live in societies that 13 tolerate severe gender discrimination appear to be 14 more vulnerable to being trafficked. Comprehensive 15 efforts to reduce human trafficking must include ef- 16 forts to prevent and respond to gender-based vio- 17 lence due to the intertwined relationship of the two 18 crimes. 19 (17) Faith-based organizations and faith lead- 20 ers are key partners in the ongoing efforts to pre- 21 vent and respond to gender-based violence. When 22 properly engaged and equipped with knowledge and 23 resources, such organizations and leaders can play a 24 significant part in changing behaviors and norms 25 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 8 •S 3037 IS and reducing gender-based violence. Particularly in 1 countries that lack effective legal frameworks to ad- 2 dress gender-based violence, such faith-based organi- 3 zations and faith leaders have the standing and au- 4 thority to address harmful practices, such as child 5 marriage, intimate partner abuses, and acid throw- 6 ing. 7 SEC. 3. STATEMENT OF POLICY. 8 It is the policy of the United States— 9 (1) to take effective action to prevent and re- 10 spond to gender-based violence around the world as 11 a matter of basic human rights and to promote gen- 12 der equality, economic growth, and improved public 13 health; 14 (2) to systematically integrate and coordinate 15 efforts to prevent and respond to gender-based vio- 16 lence internationally into United States foreign pol- 17 icy and foreign assistance programs, including 18 peace-building efforts and humanitarian relief and 19 recovery; 20 (3) to support and build local capacity in devel- 21 oping countries, including the capacity of govern- 22 ments at all levels, nongovernmental organizations, 23 especially women-led organizations, to prevent and 24 respond to gender-based violence; 25 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 9 •S 3037 IS (4) to consult, cooperate, coordinate, and col- 1 laborate with a wide variety of nongovernmental 2 partners with demonstrated experience in preventing 3 and responding to gender-based violence, including 4 faith-based organizations and women-led organiza- 5 tions; 6 (5) to employ a multisectoral approach to pre- 7 venting and responding to gender-based violence 8 internationally, including activities in the economic, 9 education, health, nutrition, legal, and judicial sec- 10 tors; 11 (6) to work at all levels, from the individual to 12 the family, community, local, national, and inter- 13 national levels, to prevent and respond to gender- 14 based violence around the world; 15 (7) to enhance training by United States per- 16 sonnel of professional foreign military and police 17 forces, judicial officials, and other public justice sys- 18 tem officials, including prosecutors, including spe- 19 cific and thorough instruction on preventing and re- 20 sponding to gender-based violence around the world; 21 (8) to engage men and boys as partners, as an 22 essential element of making sustained reductions in 23 gender-based violence; 24 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 10 •S 3037 IS (9) to include the prevention of child and forced 1 marriage as an important part of United States 2 Government efforts to prevent violence against girls 3 and promote gender equality and global health; 4 (10) to require that all United States contrac- 5 tors and grantees establish appropriate policies and 6 take effective measures to prevent gender-based vio- 7 lence and sexual exploitation and abuse, including 8 within the workforce; 9 (11) to exert sustained international leadership 10 to prevent and respond to gender-based violence, in- 11 cluding in bilateral and multilateral fora; and 12 (12) to implement a strategy to prevent and re- 13 spond to gender-based violence globally. 14 TITLE I—UNITED STATES STRAT- 15 EGY TO PREVENT AND RE- 16 SPOND TO GENDER-BASED VI- 17 OLENCE GLOBALLY 18 SEC. 101. GLOBAL STRATEGY REQUIREMENT. 19 (a) IN GENERAL.—Not later than 180 days after the 20 date of the enactment of this Act, and every 4 years there- 21 after, the Ambassador-at-Large for Global Women’s 22 Issues at the Department of State appointed pursuant to 23 section 201 (referred to in this section as the ‘‘Ambas- 24 sador-at-Large’’), in consultation with the Senior Coordi- 25 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 11 •S 3037 IS nator for Gender Equality and Women’s Empowerment at 1 the United States Agency for International Development 2 appointed pursuant to section 202 (referred to in this sec- 3 tion as the ‘‘Senior Coordinator’’), shall— 4 (1) develop or update, in consultation with civil 5 society, including service providers, a United States 6 global strategy to prevent and respond to gender- 7 based violence, using evidence-based interventions 8 and standards that address the root causes of, and 9 provide comprehensive responses to, gender-based vi- 10 olence; 11 (2) submit the strategy under paragraph (1) to 12 the appropriate congressional committees for com- 13 ment and review; and 14 (3) make the strategy publicly available on the 15 internet. 16 (b) INITIAL STRATEGY.—For the purposes of this 17 section, an existing United States strategy to prevent and 18 respond to gender-based violence may be deemed to fulfill 19 the initial requirement under subsection (a). 20 (c) COLLABORATION AND COORDINATION.—In devel- 21 oping the strategy under subsection (a), the Ambassador- 22 at-Large and the Senior Coordinator shall consult with— 23 (1) the heads of relevant Federal agencies; 24 VerDate Sep 11 2014 23:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3037.IS S3037 SSpencer on DSKBBXCHB2PROD with BILLS 12 •S 3037 IS (2) the Senior Policy Operating Group on Traf- 1 ficking in Persons; and 2 (3) representatives of civil s [Text truncated for display. Full text available on Congress.gov.]