[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6255 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6255
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 HOUSE OF REPRESENTATIVES
August 1, 2012
Mr. Carnahan (for himself, Mr. Berman, Ms. Schakowsky, Mr. Van Hollen,
Ms. Eddie Bernice Johnson of Texas, Ms. Tsongas, Mrs. Maloney, Ms.
Speier, Mr. Murphy of Connecticut, Mr. Moran, Mr. Conyers, Mr.
McGovern, Ms. Pingree of Maine, and Ms. Lee of California) introduced
the following bill; which was referred to the Committee on Foreign
Affairs, and in addition to the Committee on Armed Services, 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 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 nongovernmental and private sector
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 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; 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 at 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, which may include--
(A) the composition of high-level representatives,
including multilateral, governmental, and
nongovernmental participants, who are stakeholders in a
mediation or negotiation forum to resolve, mitigate, or
transition from violent conflict; and
(B) the composition of other power structures,
including multilateral, governmental, and
nongovernmental participants, who are involved in--
(i) agenda-setting, policy development, or
resource allocation;
(ii) planning, implementation, or
monitoring of programs; or
(iii) any other efforts to plan for,
support, prioritize, or monitor conflict
prevention, mediation, negotiation,
peacekeeping, peace-building, post-conflict
reconstruction, transition initiatives, or
humanitarian response.
(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;
(B) 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;
(C) independent media, educational, or research
institutions; and
(D) 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 to be
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 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'';
(3) Congress is strongly committed to advancing the
principles of the NAP, as instituted by Executive Order 13595
on December 19, 2011;
(4) 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;
(5) Congress supports the goals and ideals outlined in the
NAP;
(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 Acquisition
Regulations.--
(1) Department of state.--The Secretary shall modify the
following:
(A) Department of State guidance to reflect the
gender goals set forth in the NAP.
(B) Department of State Acquisition Regulation set
forth in chapter 6 of title 48, Code of Federal
Regulations, to reflect the gender goals set forth in
the NAP.
(2) Agency for international development.--The
Administrator shall modify the following:
(A) Agency for International Development guidance
to reflect the gender goals set forth in the NAP.
(B) Agency for International Development
Acquisition Regulation set forth in chapter 7 of title
48, Code of Federal Regulations, to reflect the gender
goals set forth in the NAP.
(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) shall
ensure that all relevant Federal employees receive appropriate
training on gender considerations and women's meaningful
inclusion and participation, including training regarding--
(A) 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:
``(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.--Chapter 107 of
title 10, United States Code, is amended--
(i) by redesignating section 2157 as
section 2158;
(ii) by inserting after section 2156 the
following new section:
``Sec. 2157. Training for ensuring women's meaningful inclusion and
participation
``The Secretary of Defense shall 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).''; and
(iii) in the chapter analysis, by striking
the item relating to section 2157 and inserting
the following:
``2157. Training for ensuring women's meaningful inclusion and
participation.
``2158. Annual report to Congress.''.
(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) develop and enhance 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) Evaluation Indicators.--The Secretary and the Administrator, in
cooperation with the Secretary of Defense, as appropriate, shall
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 should 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 women's
meaningful inclusion and participation 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 perspectives
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)
including--
(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) Requirements.--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, shall 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) assesses the impact of such assistance.
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