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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3477 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3477

To ensure that the United States promotes women's meaningful inclusion 
and participation in mediation and negotiation processes undertaken in 
order to prevent, mitigate, or resolve violent conflict and implements 
 the United States National Action Plan on Women, Peace, and Security.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2012

  Mrs. Boxer (for herself, Mrs. Hutchison, Mr. Casey, Ms. Snowe, Mrs. 
 Shaheen, Mrs. Gillibrand, and Mr. Brown of Massachusetts) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To ensure that the United States promotes women's meaningful inclusion 
and participation in mediation and negotiation processes undertaken in 
order to prevent, mitigate, or resolve violent conflict and implements 
 the United States National Action Plan on Women, Peace, and Security.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Women, Peace, and 
Security Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Sense of Congress regarding the National Action Plan on Women, 
                            Peace, and Security.
Sec. 5. Statement of United States policies.
Sec. 6. National Action Plan on Women, Peace, and Security.
Sec. 7. Monitoring and evaluating.
Sec. 8. Engaging women in the full range of conflict prevention, peace 
                            negotiation, peace-building, and security 
                            initiatives.
Sec. 9. National Security Council.
Sec. 10. Consultations with stakeholders.
Sec. 11. Reports to Congress.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) United Nations Security Council Resolution 1325, and 
        subsequent Resolutions 1820, 1888, 1889, and 1960, affirm the 
        critical role of women in the prevention and resolution of 
        conflicts, including in--
                    (A) conflict prevention;
                    (B) peace negotiations;
                    (C) peacekeeping and peace-building efforts;
                    (D) humanitarian response; and
                    (E) post-conflict reconstruction and governance.
            (2) Fundamental to the affirmations described in paragraph 
        (1) is the full and equal participation of women as planners, 
        implementers, and beneficiaries in all efforts to achieve 
        solutions for just conflict resolution, lasting stability, and 
        inclusive democratic governance.
            (3) The meaningful inclusion of women in the prevention and 
        resolution of conflicts also requires engaging men and boys in 
        the effort to empower women and girls and educating them on the 
        universal benefits of gender equality.
            (4) During the second half of the 20th century, 
        approximately 25 percent of conflicts that had ended in a peace 
        agreement resumed within 5 years, and nearly 50 percent of the 
        conflicts resolved by an accord during the 1990s resumed within 
        5 years.
            (5) Since 1992, women have accounted for fewer than 3 
        percent of mediators and 8 percent of negotiators in major 
        peace processes.
            (6) Successful peace negotiations that produce just and 
        sustainable peace agreements generally include robust 
        mechanisms for the participation of civil society, such as a 
        national dialogue.
            (7) From Guatemala to Darfur to Northern Ireland, women 
        have made major contributions to peace negotiations, helping to 
        ensure that processes were more transparent and that the 
        content of final agreements was more comprehensive, more 
        responsive to root causes of conflict, and more sustainable.
            (8) The United States May 2010 National Security Strategy 
        states, ``Experience shows that countries are more peaceful and 
        prosperous when women are accorded full and equal rights and 
        opportunity. When those rights and opportunities are denied, 
        countries often lag behind.''.
            (9) According to the 2010 Quadrennial Diplomacy and 
        Development Review, ``The protection and empowerment of women 
        and girls is key to the foreign policy and security of the 
        United States. . . . To that end, women are at the center of 
        our diplomacy and development efforts--not simply as 
        beneficiaries, but also as agents of peace, reconciliation, 
        development, growth, and stability. . . . By reaching out to 
        women and girls and integrating them into our diplomatic 
        mission, we ensure more effective diplomacy, whether in driving 
        economic growth, resisting extremism, safeguarding human 
        rights, or promoting political solutions, including in areas of 
        conflict.''.
            (10) On October 26, 2010, on the occasion of the Tenth 
        Anniversary of United Nations Security Council Resolution 1325 
        on Women, Peace, and Security, Secretary of State Hillary 
        Rodham Clinton--
                    (A) stated, ``The only way to . . . reduce the 
                number of conflicts around the world, to eliminate rape 
                as a weapon of war, to combat the culture of impunity 
                for sexual violence, to build sustainable peace--is to 
                draw on the full contributions of both women and men in 
                every aspect of peacemaking, peacekeeping, and peace-
                building.''; and
                    (B) announced the United States commitment to 
                develop a United States National Action Plan to 
                accelerate the implementation of Resolution 1325, 
                joining more than 25 other countries that had committed 
                to developing national action plans.
            (11) The United States National Action Plan on Women, 
        Peace, and Security, issued in December 2011--
                    (A) asserts that ``evidence from around the world 
                and across cultures shows that integrating women and 
                gender considerations into peace-building processes 
                helps promote democratic governance and long-term 
                stability'';
                    (B) ``describes the course the United States 
                Government will take to accelerate, institutionalize, 
                and better coordinate our efforts to advance women's 
                inclusion in peace negotiations, peace-building 
                activities, and conflict prevention; to protect women 
                from sexual and gender-based violence, including 
                preventing forced child marriages; and to ensure equal 
                access to relief and recovery assistance, in areas of 
                conflict and insecurity.''; and
                    (C) affirms as a Statement of National Policy that 
                ``the engagement and protection of women as agents of 
                peace and stability will be central to the United 
                States efforts to promote security, prevent, respond 
                to, and resolve conflict, and rebuild societies.''.
            (12) In March 2012, the United States Agency for 
        International Development (USAID) released a new, agency-wide 
        Gender Equality and Female Empowerment Policy, the first such 
        policy since 1982. According to this policy, ``Gender equality 
        and female empowerment are core development objectives, 
        fundamental for the realization of human rights and key to 
        effective and sustainable development outcomes. No society can 
        develop successfully without providing equitable opportunities, 
        resources, and life prospects for males and females so that 
        they can shape their own lives and contribute to their families 
        and communities.''.
            (13) In March 2012, Secretary of State Hillary Rodham 
        Clinton issued the first ever Secretarial Policy Guidance on 
        Promoting Gender Equality to Achieve our National Security and 
        Foreign Policy Objectives, which ``requests embassies and 
        bureaus to work to . . . draw on the full contributions of both 
        women and men in peacemaking, peacekeeping, and peace-
        building''. The Policy Guidance highlights 3 mechanisms that 
        will be utilized ``to promote gender equality in service of 
        America's foreign policy'', namely--
                    (A) planning and budget development;
                    (B) programming, monitoring and evaluation; and
                    (C) management and training.
            (14) In Afghanistan, women leaders in civil society 
        continue to demand a full and meaningful role in any future 
        negotiations, particularly where decisions will be made about 
        the futures of Afghan women and girls.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the United States Agency for International 
        Development.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Armed Services of the Senate;
                    (C) the Committee on Foreign Relations of the 
                Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on Armed Services of the House of 
                Representatives; and
                    (F) the Committee on Foreign Affairs of the House 
                of Representatives.
            (3) Decision-making processes.--The term ``decision-making 
        processes'' means formal or informal processes related to, or a 
        part of, negotiations or mediations addressing conflict 
        prevention and stabilization, peace-building, protection, or 
        appropriate security initiatives.
            (4) NAP.--The term ``NAP'' means the United States National 
        Action Plan on Women, Peace, and Security, which was instituted 
        by Executive Order 13595 on December 19, 2011.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (6) Stakeholders.--The term ``stakeholders'' means 
        nongovernmental and private sector entities engaged in or 
        affected by conflict prevention and stabilization, peace-
        building, protection, security, transition initiatives, 
        humanitarian response, or related efforts, including--
                    (A) registered or nonregistered nonprofit 
                organizations, advocacy groups, business or trade 
                associations, labor unions, cooperatives, credit 
                unions, relief or development organizations, community 
                and faith-based organizations, philanthropic 
                foundations, and tribal leaders or structures;
                    (B) independent media, educational, or research 
                institutions; and
                    (C) private enterprises, including international 
                development firms, banks, and other financial 
                institutions, and particularly small businesses and 
                businesses owned by women or disadvantaged groups.
            (7) Women's meaningful inclusion and participation.--The 
        term ``women's meaningful inclusion and participation'' means 
        ensuring women have safe, genuine, and effective access and are 
        present and actively involved in the full range of decision-
        making processes, which may include--
                    (A) conflict prevention;
                    (B) mediation or negotiation efforts to resolve, 
                mitigate and transition from violent conflict;
                    (C) peacekeeping and peace-building efforts;
                    (D) post-conflict reconstruction, transition 
                initiatives, and governance; and
                    (E) humanitarian response.

SEC. 4. SENSE OF CONGRESS REGARDING THE NATIONAL ACTION PLAN ON WOMEN, 
              PEACE, AND SECURITY.

    It is the sense of Congress that--
            (1) the implementation of the United States National Action 
        Plan on Women, Peace, and Security (referred to in this section 
        as the ``NAP'') is paramount in improving the lives of women 
        around the world and increasing overall global stability and 
        prosperity;
            (2) Congress supports the goals and ideals of the NAP;
            (3) Congress supports the statement in the NAP of the 
        United States ``unqualified commitment to integrating women's 
        views and perspectives fully into our diplomatic, security, and 
        development efforts--not simply as beneficiaries, but as agents 
        of peace, reconciliation, development, growth, and stability'';
            (4) Congress is strongly committed to advancing the 
        principles of the NAP, as instituted by Executive Order 13595 
        on December 19, 2011;
            (5) the United States should coordinate with the 
        international community and civil society to develop criteria 
        for eligibility to ensure that appropriate women 
        representatives with the requisite experience are identified 
        for inclusion in all peace-building activities;
            (6) the President, in coordination with the Secretary, the 
        Secretary of Defense, and the Administrator, should--
                    (A) ensure the NAP's robust, transparent, 
                comprehensive, and coordinated implementation; and
                    (B) coordinate with the international community to 
                reaffirm global commitments to implementation of United 
                Nations Security Council Resolution 1325 and subsequent 
                Resolutions 1880, 1888, 1889, and 1960, utilizing the 
                commitments outlined in the NAP as a diplomatic means 
                to encourage other nations to--
                            (i) advance women's inclusion in peace 
                        negotiations, peace building activities, and 
                        conflict prevention;
                            (ii) protect women from sexual and gender-
                        based violence; and
                            (iii) ensure equal access to relief and 
                        recovery assistance in areas of conflict and 
                        insecurity.

SEC. 5. STATEMENT OF UNITED STATES POLICIES.

    (a) In General.--It is the policy of the United States to implement 
the United States National Action Plan on Women, Peace, and Security, 
as instituted by Executive Order 13595 on December 19, 2011, to ensure 
that the United States effectively promotes and supports women in 
conflict-affected and post-conflict regions through clear, measurable 
commitments--
            (1) to promote the active and meaningful participation of 
        women in affected areas in all aspects of conflict prevention, 
        management, and resolution;
            (2) to integrate the perspectives and interests of affected 
        women into conflict-prevention activities and strategies;
            (3) to promote the physical safety, economic security, and 
        dignity of women and girls;
            (4) to support women's equal access to aid distribution 
        mechanisms and services; and
            (5) to monitor, analyze, and evaluate implementation 
        efforts and the impact of such efforts.
    (b) Sense of Congress.--Congress--
            (1) recognizes the invaluable contributions that United 
        States and international civil society groups have made to 
        United States policies and programs on women, peace, and 
        security; and
            (2) encourages the Secretary, the Secretary of Defense, and 
        the Administrator to continue to consult and utilize the 
        networks and expertise of these stakeholders to strengthen the 
        implementation of the NAP.
    (c) Integration.--The Secretary and the Administrator should--
            (1) integrate gender as fully as applicable into all 
        diplomatic and development efforts;
            (2) include gender in strategic and budget planning 
        processes; and
            (3) continue to use and improve upon performance indicators 
        and evaluation mechanisms to account for ongoing results and 
        measure the impact of United States policies and programs on 
        women and girls in foreign countries.
    (d) Integration of Gender Goals in Agency Guidance and 
Contracting.--
            (1) Department of state.--The Secretary should prescribe 
        regulations and issue guidance setting forth key goals of the 
        NAP with a view to fully integrate such goals into the 
        operations of the Department of State in the United States and 
        overseas, and should ensure that any such guidance and 
        regulations call for compliance by all Department personnel and 
        contractors.
            (2) United states agency for international development.--
        The Administrator should prescribe regulations and issue 
        guidance setting forth key goals of the NAP with a view to 
        fully integrate such goals into the operations of the United 
        States Agency for International Development in the United 
        States and overseas, and should ensure that any such guidance 
        and regulations call for compliance by all Agency personnel and 
        contractors.
    (e) Tenets.--The head of each agency of the Federal Government 
shall ensure, as appropriate, that the tenets of the NAP are 
incorporated into all programs administered by such agency related to--
            (1) conflict prevention;
            (2) humanitarian and disaster response;
            (3) conflict mediation;
            (4) peacekeeping;
            (5) post-conflict reconstruction;
            (6) institution building; and
            (7) democracy promotion.

SEC. 6. NATIONAL ACTION PLAN ON WOMEN, PEACE, AND SECURITY.

    (a) Implementation.--The Secretary, the Administrator, the 
Secretary of Defense, and representatives of other Federal agencies, as 
appropriate, should implement the NAP.
    (b) Training.--
            (1) In general.--In implementing the NAP under this 
        section, the individuals referred to in subsection (a) should 
        ensure that all relevant Federal employees receive appropriate 
        training on gender considerations and women's meaningful 
        inclusion and participation, including training regarding--
                    (A) participation in conflict prevention, peace 
                processes, and security initiatives;
                    (B) international human rights law and 
                international humanitarian law, as relevant; and
                    (C) protecting civilians from violence, 
                exploitation, and trafficking in persons.
            (2) Amendments.--
                    (A) Foreign service act of 1980.--Section 704 of 
                the Foreign Service Act of 1980 (22 U.S.C. 2024) is 
                amended by adding at the end the following new 
                subsection:
    ``(e) The Secretary, in conjunction with the Administrator of the 
United States Agency for International Development, should ensure that 
all appropriate personnel, including special envoys, members of 
mediation or negotiation teams, relevant members of the Civil Service 
or Foreign Service, and contractors responsible for, or deploying to, 
countries or regions considered to be at risk of, undergoing, or 
emerging from violent conflict, obtain substantive knowledge and skills 
through--
            ``(1) appropriate advanced training in conflict prevention, 
        mitigation, and resolution that specifically addresses the 
        importance of women's meaningful inclusion and participation 
        (as defined in section 3 of the Women, Peace, and Security Act 
        of 2012); and
            ``(2) receive training on effective strategies and best 
        practices for ensuring women's meaningful inclusion and 
        participation, as so defined.''.
                    (B) Title 10, united states code.--
                            (i) In general.--Chapter 107 of title 10, 
                        United States Code, is amended by adding at the 
                        end the following new section:
``Sec. 2158. Training for ensuring women's meaningful inclusion and 
              participation
    ``The Secretary of Defense should ensure that all appropriate 
personnel, including members of the armed forces, members of mediation 
or negotiation teams, relevant members of the Civil Service, and 
contractors responsible for, or deploying to, countries or regions 
considered to be at risk of, undergoing, or emerging from violent 
conflict, obtain substantive knowledge and skills through--
            ``(1) appropriate advanced training in conflict prevention, 
        mitigation, and resolution that specifically addresses the 
        importance of women's meaningful inclusion and participation 
        (as defined in section 3 of the Women, Peace, and Security Act 
        of 2012); and
            ``(2) training on effective strategies and best practices 
        for ensuring women's meaningful inclusion and participation (as 
        defined in such section).''.
                            (ii) Clerical amendment.--The table of 
                        sections at the beginning of chapter 107 of 
                        such title is amended by adding at the end the 
                        following new item:

``2158. Training for ensuring women's meaningful inclusion and 
                            participation.''.
            (3) United nations.--The Secretary is strongly encouraged 
        to work with the United Nations and the international community 
        to promote training that provides international peacekeeping 
        personnel with substantive knowledge and skills needed to 
        effectively ensure women's meaningful inclusion and 
        participation.

SEC. 7. MONITORING AND EVALUATING.

    (a) In General.--The implementation of the NAP under section 6 
should include the establishment or improvement of monitoring and 
evaluation tools to ensure accountability and effectiveness of 
policies, programs, projects, and activities undertaken to support the 
objectives set forth in the NAP.
    (b) Foreign Assistance Coordination, Planning, Data Collection, and 
Tracking Systems.--The Secretary and the Administrator, in consultation 
with the Secretary of Defense, as appropriate, should--
            (1) utilize appropriate foreign assistance coordination, 
        planning, data collection, and tracking systems to--
                    (A) analyze the impact of staff training, 
                management systems, and organizational structures on 
                program results;
                    (B) improve collection of sex-disaggregated data in 
                conflict-affected areas;
                    (C) ensure proper targeting of programs; and
                    (D) collect and analyze gender data for the purpose 
                of developing and enhancing early warning systems of 
                conflict and violence;
            (2) support budgeting, operational and programmatic 
        planning, and performance management, related to women's 
        meaningful inclusion and participation; and
            (3) develop or improve upon existing data collection 
        mechanisms that--
                    (A) track and report progress on the objectives set 
                forth in the NAP;
                    (B) assess lessons learned; and
                    (C) identify best practices.
    (c) Indicators.--The Secretary and the Administrator, in 
cooperation with the Secretary of Defense, as appropriate, are strongly 
encouraged to identify common indicators to evaluate the impact of 
United States foreign assistance on women's meaningful inclusion and 
participation.

SEC. 8. ENGAGING WOMEN IN THE FULL RANGE OF CONFLICT PREVENTION, PEACE 
              NEGOTIATION, PEACE-BUILDING, AND SECURITY INITIATIVES.

    (a) In General.--The Secretary and the Administrator are strongly 
encouraged to work to facilitate women's meaningful inclusion and 
participation in informal and formal peace negotiations, including, as 
appropriate by--
            (1) providing technical assistance, training, and 
        logistical support to female negotiators, peace-builders, and 
        stakeholders;
            (2) utilizing technology, such as cell phones or social 
        media tools, that assist the work of organizers, negotiators, 
        communicators, peace-builders, and other civil society actors;
            (3) addressing security-related barriers to women's 
        participation;
            (4) expanding emphasis on gender analysis to improve 
        program design and targeting; and
            (5) supporting appropriate local organizations, especially 
        women's peace-building organizations.
    (b) Coordination.--The Secretary is encouraged to promote the 
meaningful inclusion and participation of women in coordination and 
consultation with international partners, including multilateral 
organizations, stakeholders, and other relevant international 
organizations, particularly in circumstances in which direct engagement 
is not appropriate or advisable.
    (c) Assessments.--The Secretary, in consultation with the 
Administrator, and in cooperation with the Secretary of Defense, as 
appropriate, should conduct assessments that include the perspective of 
women before implementing new projects or activities in support of 
assistance related to--
            (1) transitional justice and accountability processes;
            (2) efforts to combat violent extremism; and
            (3) security sector reform.
    (d) Government Efforts.--
            (1) In general.--The Secretary, in consultation with the 
        Administrator, and in cooperation with the Secretary of Defense 
        and other relevant government agencies, as appropriate, should 
        encourage and facilitate the efforts of partner governments to 
        improve women's meaningful inclusion and participation in peace 
        and security processes, conflict prevention, peace-building, 
        transitional processes, and decision-making institutions in 
        conflict-affected environments.
            (2) Government efforts.--The efforts of partner governments 
        to be encouraged and facilitated under paragraph (1) include--
                    (A) the recruitment and retention of women 
                (including minorities) in leadership roles;
                    (B) capacity building of legislative, judicial, 
                defense, and law enforcement institutions to develop 
                and implement policies which support women's meaningful 
                inclusion and participation;
                    (C) increased women's participation in programs 
                funded by the United States Government that--
                            (i) provide training to foreign nationals 
                        regarding law enforcement, the rule of law, and 
                        professional military education; and
                            (ii) offer foreign nationals opportunities 
                        to participate in educational exchanges, 
                        conferences, and seminars;
                    (D) training, education, and mobilization of men 
                and boys as partners in support of women's meaningful 
                inclusion and participation;
                    (E) development of transitional justice and 
                accountability mechanisms that are inclusive of the 
                experiences and perspectives of women and girls; and
                    (F) measures to ensure that relief and recovery 
                planning and assistance are informed by effective 
                consultation with women.

SEC. 9. NATIONAL SECURITY COUNCIL.

    (a) Sense of Congress.--It is the sense of Congress that the 
President should designate a person on the staff of the National 
Security Council, who--
            (1) shall be responsible for promoting the objectives of 
        the NAP; and
            (2) shall report to the National Security Advisor.
    (b) Duties.--In addition to any other duties that the President may 
assign to the person designated under subsection (a), such person 
should--
            (1) advise the National Security Advisor regarding the 
        objectives of the NAP;
            (2) oversee the implementation of the goals and objectives 
        of the NAP;
            (3) monitor and coordinate the efforts of all Federal 
        agencies, particularly the Department of State, the United 
        States Agency for International Development, and the Department 
        of Defense, as appropriate, regarding women, peace, and 
        security and women's meaningful inclusion and participation.

SEC. 10. CONSULTATIONS WITH STAKEHOLDERS.

    (a) In General.--The Secretary and the Administrator should 
establish guidelines for overseas United States personnel to consult 
with stakeholders regarding United States efforts to prevent, mitigate, 
or resolve violent conflict.
    (b) Purposes.--The purpose of consultations under subsection (a) is 
to enhance the success of mediation and negotiation processes by 
ensuring women's meaningful inclusion and participation.
    (c) Frequency and Scope.--Consultations under subsection (a) 
should--
            (1) take place not less frequently than once every 180 
        days, as appropriate; and
            (2) include a range and representative sample of local 
        stakeholders, including women, youth, ethnic and religious 
        minorities, and other politically underrepresented or 
        marginalized populations.

SEC. 11. REPORTS TO CONGRESS.

    (a) Training Briefing.--The Secretary, in conjunction with the 
Administrator and the Secretary of Defense, shall designate appropriate 
officials to brief the appropriate congressional committees, not later 
than 1 year after the date of the enactment of this Act, on--
            (1) the existing, enhanced, and newly established training 
        carried out pursuant to section 6(b) and the amendments made by 
        such section; and
            (2) the guidelines established for overseas United States 
        embassy and consulate personnel to engage in consultations with 
        United States and international stakeholders pursuant to 
        section 10.
    (b) Annual Report on Women, Peace, and Security.--Not later than 1 
year after the date of the enactment of this Act, and annually 
thereafter, the Secretary, in conjunction with the Administrator and 
the Secretary of Defense, should submit a report to the appropriate 
congressional committees that--
            (1) outlines the monitoring and evaluation tools, 
        mechanisms, and common indicators established under section 7 
        to assess progress made on the objectives of the NAP;
            (2) summarizes United States diplomatic efforts and foreign 
        assistance programs, projects, and activities to promote 
        women's meaningful inclusion and participation; and
            (3) summarizes and evaluates the impact of the United 
        States NAP initiatives.
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