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II
113th CONGRESS
2d Session
S. 2307
IN THE SENATE OF THE UNITED STATES
May 8, 2014
Mrs. Boxer (for herself, Mr. Menendez, Ms. Collins, Mr. Kirk, and Mrs. Shaheen) 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.
1.
Short
title
(a)
Short
title
This Act may be cited
as the International Violence Against Women Act of 2014.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short
title.
Sec. 2. Findings.
Sec. 3. Statement of policy.
TITLE I—International prevention of violence against women and
girls
Subtitle A—Official designations and institutional
changes
Sec. 101. Office for Global Women’s Issues.
Sec. 102. Senior Coordinator for Gender Equality and Women’s
Empowerment.
Sec. 103. Briefing.
Subtitle B—Strategy, policy, and programs
Sec. 111. United States Strategy to Prevent and Respond to
Gender-Based Violence Globally.
Sec. 112. Implementation of the United States Strategy to
Prevent and Respond to Gender-Based Violence Globally.
Sec. 113. Monitoring the United States Strategy to Prevent and
Respond to Gender-Based Violence Globally.
2.
Findings
Congress makes the following
findings:
(1) An estimated 1
out of every 3 women throughout the world will be beaten, coerced into
sex, or
otherwise abused in her lifetime.
(2) Up to 70 percent
of women in some countries report having been victims of domestic violence
at
some stage in their lives.
(3) Sexual violence
among adolescents and pre-adolescents is alarmingly high. In 2010, the
first
nationally representative survey of violence against children in Tanzania
found
that nearly 3 in 10 females and 1 in 7 males experienced sexual violence
prior
to the age of 18.
(4) The International
Men and Gender Equality Survey dataset shows that adult male respondents
in 6
countries who had experienced violence as children were significantly more
likely to report perpetrating intimate partner violence themselves than
their
peers who did not experience violence as children.
(5) Violence against
women and girls impedes progress in meeting many United States global
development goals, including efforts to stem maternal mortality and the
spread
of HIV/AIDS. Approximately 1 in 4 women are abused during pregnancy which
has
been linked to miscarriage, pre-term labor, low birth weight, fetal
distress,
and death.
(6) Country studies
indicate that the risk of HIV among women who have experienced violence
may be
up to 3 times higher than among those who have not. Women who have
experienced
violence are also at higher risk for contracting HIV, and women living
with HIV
may be up to 3 times more likely to experience violence than other women.
Fear
of violence also prevents women from accessing HIV/AIDS information and
receiving treatment and counseling.
(7) The President’s
Emergency Plan for AIDS Relief (PEPFAR) supports significant work in the
field
to mainstream gender-based violence into existing HIV programs. Addressing
gender norms and inequities is essential to reducing HIV risk and
increasing
access to HIV prevention, care and treatment services for women and men.
(8) Increasing
women's access to economic opportunities and food security is crucial to
preventing and responding to domestic and sexual violence. Inclusive
finance
and micro-enterprise reduce levels of intimate partner violence and
provide
economic independence for survivors.
(9) Prevalence of
sexual violence is higher among persons with disabilities, particularly
for
adolescents and intimate partners with disabilities, and for men and women
with
intellectual impairments living in institutions.
(10) Displaced,
refugee, and stateless women and girls in humanitarian emergencies,
conflict
settings, and natural disasters face extreme violence and threats,
including—
(A) being forced to
exchange sex for food and humanitarian supplies; and
(B) being at
increased risk of rape, sexual exploitation, and abuse.
(11) Rape and sexual
assault against women and girls are used to torture, intimidate, and
terrorize
women and their communities.
(12) Early and forced
marriage of the girl child—
(A) is a violation of
human rights as it denies girls the right to decide when and with whom to
marry;
(B) is a harmful
practice that deprives girls of their dignity, bringing childhood and
adolescence to a premature and unnatural end;
(C) can end girls’
education and can result in bonded labor or enslavement, commercial sexual
exploitation, and violence against the victims;
(D) significantly
increases the risk of maternal death and morbidity, infant mortality and
morbidity, obstetric fistula, and sexually transmitted diseases, including
HIV/AIDS; and
(E) is perpetuated by
poverty, a lack of educational or employment opportunities for girls,
parental
concerns to ensure sexual relations within marriage, the dowry system, and
the
perceived lack of value of girls.
(13) World Bank data
shows that gender inequality directly corresponds to increased levels of
political and economic instability within States.
(14) Domestic
violence is the most prevalent form of violence against women and prevents
women from playing more active roles in the social, economic, and
political
development of their communities. In humanitarian crises, this global
scourge
becomes acute, preventing women from helping to rebuild their countries.
3.
Statement of
policy
It is the policy of the
United States—
(1) to take effective
action to prevent and respond to violence against women and girls around
the
world, as a matter of basic human rights as well as to promote gender
equality,
economic growth, and improved public health;
(2) to systematically
integrate and coordinate efforts to prevent and respond to violence
against
women and girls internationally into United States foreign policy and
foreign
assistance programs, including peacebuilding efforts and humanitarian
relief
and recovery;
(3) to support and
build local capacity in developing countries, including of governments at
all
levels and nongovernmental organizations, especially women-led
organizations,
to prevent and respond to violence against women and girls;
(4) to consult,
cooperate, coordinate, and collaborate with a wide variety of
nongovernmental
partners with demonstrated experience in preventing and responding to
violence
against women and girls, including faith-based organizations and women-led
organizations;
(5) to employ a
multisectoral approach to preventing and responding to violence against
women
and girls internationally, including activities in the economic,
education,
health, nutrition, legal, and judicial sectors;
(6) to work at all
levels, from the individual to the family, community, local, national and
international levels, to prevent and respond to violence against women and
girls around the globe;
(7) to enhance
training by United States personnel of professional foreign military and
police
forces and judicial officials to include specific and thorough instruction
on
preventing and responding to violence against women and girls around the
world;
(8) to engage men and
boys as partners, as an essential element of making sustained reductions
in
violence against women and girls;
(9) to include the
prevention of early and forced marriage as an important part of United
States
Government efforts to prevent violence against girls and promote gender
equality and global health;
(10) to require that
all United States contractors and grantees establish appropriate policies
and
take effective measures to prevent violence against women and girls and
sexual
exploitation and abuse within their workforce;
(11) to exert
sustained international leadership to prevent and respond to violence
against
women and girls, including in bilateral and multilateral fora;
(12) to implement the
United States Strategy to Prevent and Respond to Gender-Based Violence
Globally; and
(13) to implement the
United States National Action Plan on Women, Peace, and Security.
I
International
prevention of violence against women and girls
A
Official
designations and institutional changes
101.
Office of
Global Women’s Issues
(a)
Establishment
The
Secretary of State shall establish in the Office of the Secretary of the
Department of State an Office of Global Women's Issues (in this section
referred to as the Office). The Office shall be headed by an
Ambassador-at-Large for Global Women's Issues, who shall be appointed by
the
President, by and with the advice and consent of the Senate. The
Ambassador-at-Large shall report directly to the Secretary and shall have
the
rank and status of Ambassador-at-Large.
(b)
Purpose
In
addition to the duties described in subsection (c) and those duties
determined
by the Secretary of State, the Ambassador-at-Large shall coordinate
efforts of
the United States Government as directed by the Secretary regarding gender
integration and advancing the status of women and girls in United States
foreign policy.
(c)
Duties
(1)
In
general
The Ambassador-at-Large—
(A) shall direct
activities, policies, programs, and funding relating to gender equality
and the
advancement of women and girls internationally, including those intended
to
prevent and respond to violence against women and girls, for all bureaus
and
offices of the Department of State and in the international programs of
all
other Federal agencies;
(B) shall actively
promote and advance the full integration of gender analysis into the
programs,
structures, processes, and capacities of all bureaus and offices of the
Department of State and in the international programs of other Federal
agencies;
(C) shall direct, as
appropriate, United States Government resources to respond to needs for
gender
integration and empowerment of women in United States Government foreign
policies and international programs, including to prevent and respond to
violence against women and girls internationally;
(D) may design,
support, and implement activities regarding empowerment of women
internationally, including for the prevention of and response to violence
against women and girls internationally;
(E) shall conduct
regular consultation with civil society organizations working to prevent
and
respond to violence against women and girls internationally;
(F) shall ensure that
programs, projects, and activities designed to prevent and respond to
violence
against women and girls internationally are subject to rigorous monitoring
and
evaluation, and that there is a uniform set of indicators and standards
for
such monitoring and evaluation that is used across all Federal agencies;
(G) shall serve as
the principal advisor to the Secretary of State regarding gender equality,
women's empowerment, and violence against women and girls as a foreign
policy
matter; and
(H) is authorized to
represent the United States in diplomatic and multilateral fora on matters
relevant to the status of women and girls, including violence against
women and
girls internationally.
(2)
Information
sharing and transparency
The Office shall be the central
repository of data on all United States programs, projects, and activities
that
relate to prevention and response to violence against women and girls, and
shall produce a full accounting of United States Government spending on
such
programs, projects, and activities.
102.
Senior
Coordinator for Gender Equality and Women’s Empowerment
(a)
Establishment
There
is established in the United States Agency for International Development a
Senior Coordinator for Gender Equality and Women's Empowerment, who shall
report to the Administrator of the United States Agency for International
Development and who shall conduct the activities of the Administrator
under
this Act.
(b)
In
general
The Senior Coordinator for Gender Equality and Women’s
Empowerment—
(1) shall direct
activities, policies, programs, and funding of the United States Agency
for
International Development relating to gender equality and women’s
empowerment,
including those intended to prevent and respond to violence against women
and
girls;
(2) shall actively
promote and advance the full integration of gender analysis into the
programs,
structures, processes, and capacities of all bureaus and offices of the
Agency
as dictated by the USAID Gender Equality and Female Empowerment Policy;
(3) shall direct
Agency resources for gender equality and women’s empowerment, including to
prevent and respond to violence against women and girls internationally;
(4) may design,
support, and implement activities led by the Agency regarding gender
equality
and women’s empowerment, including for the prevention and response of
violence
against women and girls internationally;
(5) shall conduct
regular consultation with civil society organizations working to prevent
and
respond to violence against women and girls internationally;
(6) shall serve as
the principal advisor to the Administrator regarding gender equality,
women's
empowerment, and violence against women and girls; and
(7) shall track and
analyze monitoring and evaluation data and findings on international
prevention
and response programs of the Agency, consistent with Agency-wide
monitoring and
evaluation activities, and in order to assist in the preparation of the
comprehensive strategy developed under section 111.
103.
Briefing
Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Ambassador-at-Large and
Senior Coordinator shall brief the appropriate congressional committees on
international violence against women and girls prevention and response
strategies, programming, and associated outcomes, and shall submit to the
appropriate congressional committees an assessment of human and financial
resources necessary to fulfill the purposes and duties of this Act.
B
Strategy, policy,
and programs
111.
United States
Strategy to Prevent and Respond to Gender-Based Violence Globally
(a)
Global strategy
requirement
Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for five years, the
Ambassador-at-Large, in consultation with the Senior Coordinator, shall
develop
or update a United States global strategy to prevent and respond to
violence
against women and girls. Such strategy shall be transmitted to the
appropriate
congressional committees and made publicly available on the Internet.
(b)
Initial
strategy
For the purposes of this section, the United
States Strategy to Prevent and Respond to Gender-Based Violence
Globally, issued in August 2012, shall be deemed to fulfill the initial
requirement of subsection (a).
(c)
Implementation
plan
Not later than 60 days after submission of the strategy
under subsection (a), the Ambassador-at-Large, in consultation with the
Senior
Coordinator, shall submit to the appropriate congressional committees an
implementation plan detailing how the strategy will be implemented in the
upcoming five fiscal years, including the budget resources requested, and
the
specific activities to be supported, by each Executive agency under the
strategy.
(d)
Collaboration
and coordination
In developing the strategy under subsection (a),
the Ambassador-at-Large and Senior Coordinator shall consult with—
(1) the heads of
relevant Federal agencies;
(2) the Senior Policy
Operating Group on Trafficking in Persons; and
(3) representatives
of civil society and multi-lateral organizations with demonstrated
experience
in addressing violence against women and girls or promoting gender
equality
internationally.
(e)
Content
The
implementation plan required under subsection (c) shall—
(1) identify eligible
low-income and lower-middle income countries with significant levels of
violence against women and girls, including within displaced communities,
that
have the governmental or nongovernmental organizational capacity to manage
and
implement gender-based violence prevention and response program activities
and
should, when possible, be geographically, ethnically, and culturally
diverse
from one another;
(2) select 5 to 20 of
the eligible countries identified under paragraph (1) in which to develop
comprehensive and holistic individual country plans that incorporate at
least
two of the program activities listed in section 112(b);
(3) assess and
describe the current or potential capacity of the government of each
eligible
country selected under paragraph (2) and civil society organizations in
each
such eligible country to address and respond to violence against women and
girls;
(4) identify
coordination mechanisms with Federal agencies that—
(A) have existing
programs relevant to the strategy;
(B) will be involved
in new program activities; and
(C) are engaged in
broader United States strategies around development;
(5) describe the
monitoring and evaluation mechanisms established for each eligible
country, and
their intended use in assessing overall progress in prevention and
response;
(6) project general
levels of resources needed to achieve the stated objectives in each
eligible
country, including an accounting of—
(A) activities and
funding already expended by the Department of State, the United States
Agency
for International Development, other Federal agencies, other donor country
governments, and other multilateral institutions; and
(B) leveraged private
sector resources;
(7) integrate gender
analysis into the strategy for each country; and
(8) include, as
appropriate, strategies designed to accommodate the needs of stateless,
disabled, internally displaced, refugee, or religious or ethnic minority
women
and girls.
112.
Implementation
of the United States Strategy to Prevent and Respond to Gender-Based
Violence
Globally
(a)
In
general
The Secretary of State and the Administrator of the
United States Agency for International Development are authorized to
provide
assistance to prevent and respond to violence against women and girls
internationally.
(b)
Program
activities supported
Assistance provided to each country selected
under section 111(e)(2) should include at least two of the following
activities:
(1) Development and
implementation of programs that work to change social norms and attitudes
so
that violence against women and girls is neither condoned nor tolerated.
(2) Promotion of
accessible quality educational and literacy opportunities for women and
girls.
(3) Promotion of
access to economic opportunities, including by increasing distribution,
credit,
property, and inheritance rights for women and girls.
(4) Development and
enforcement of civil and criminal legal and judicial sanctions,
protections,
trainings, and capacity.
(5) Enhancement of
the health sector capacity to detect, prevent, and respond to violence
against
women and girls.
(c)
Building local
capacity
Not less than 10 percent of the amount of assistance
provided to an eligible country under this section should be provided to
community-based nongovernmental organizations, with priority given to
nongovernmental organizations led by women.
113.
Monitoring the
United States Strategy to Prevent and Respond to Gender-Based Violence
Globally
(a)
In
general
In each strategy submitted under section 111(a), the
Ambassador-at-Large and Senior Coordinator shall include an analysis of
best
practices for preventing and addressing violence against women and girls
internationally, which shall include—
(1) a description of
successful efforts by foreign governments, multilateral institutions,
nongovernmental organizations, educational organizations, and faith-based
organizations in preventing and responding to violence against women and
girls;
(2) recommendations
related to best practices, effective strategies, and improvements to
enhance
the impact of prevention and response efforts; and
(3) the impact of
activities funded by the strategy in preventing and reducing violence
against
women and girls internationally.
(b)
Amendments
The
Foreign Assistance Act of 1961 is amended—
(1) in section 116(d)
(22 U.S.C. 2151n(d))—
(A) in paragraph
(11)(C), by striking and at the end;
(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 violence against women and
girls.
;
and
(2) in section 502B
(22 U.S.C. 2304)—
(A) by redesignating
the second subsection designated as subsection (i) as subsection (j);
and
(B) by adding at the
end the following new subsection:
(k)
Inclusion of
information relating to violence against women and girls
The
report required by subsection (b) shall include, wherever
applicable, the
nature and extent of violence against women and
girls.
.
(c)
Monitoring and
evaluation
In coordination with relevant officials, and
consistent with the monitoring and evaluation policies of their respective
agencies, the Ambassador-at-Large and the Senior Coordinator shall develop
a
plan for monitoring and independent evaluation of programs, projects, and
activities carried out under this Act. The plan shall—
(1) apply rigorous
monitoring and evaluation methodologies to focus on learning,
accountability,
and policymaking, choosing from among a wide variety of qualitative,
quantitative, summative, and formative methods common in the field of
social
scientific inquiry, including impact evaluations; and
(2) be included in
the implementation plan required under section 111(c).
(d)
Research and
data collection
The Secretary and the Administrator shall—
(1) produce original
research or analysis of effective interventions to prevent or respond to
violence against women and girls internationally;
(2) collect and
analyze new or existing data on the scope and extent of all forms of
violence
against women and girls internationally, including under-documented forms
of
violence and violence against marginalized groups;
(3) conduct research
on effective interventions to respond to violence against women and girls
internationally, including efforts to scale up effective programming;
and
(4) support systemic
data collection using internationally comparable indicators, norms, and
methodologies for measuring the scope, prevalence, and incidence of
violence
against women and girls internationally.