[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5242 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5242

    To prevent international violence against women, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2022

  Mrs. Shaheen (for herself and Ms. Collins) 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title; Table of Contents.--This Act may be cited as the 
``International Violence Against Women Act of 2022''.
    (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. Statement of policy.
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.

    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 
        experiencing gender-based violence at some point in their 
        lives.
            (3) Intimate partner violence is the most prevalent form of 
        violence against women, preventing them from playing more 
        active roles in the social, economic, and political development 
        of their communities.
            (4) Sexual violence among adolescents and pre-adolescents 
        is alarmingly high. National surveys in Swaziland, Tanzania, 
        Zimbabwe, Kenya, and Haiti have found that between 28 and 38 
        percent of girls and between 9 and 18 percent of boys report 
        experiencing sexual violence before reaching 18 years of age.
            (5) Adult male respondents in 6 countries who had 
        experienced violence as children were significantly more likely 
        to report perpetrating intimate partner violence themselves 
        according to the International Men and Gender Equality Survey 
        dataset.
            (6) Gender-based violence harms economies and the workers 
        that fuel them. Despite underreporting, striking statistics 
        document prevalent forms of gender-based violence globally that 
        affect the world of work. Worldwide, women are concentrated in 
        low-wage, insecure jobs in workplaces where they lack 
        bargaining power, protections against gender-based violence, 
        safe and confidential reporting systems, recourse to justice, 
        or access to legal, medical, and psychosocial services.
            (7) Women living in poverty are particularly vulnerable to 
        gender-based violence. Lack of economic opportunities often 
        compels women to use desperate and dangerous means to provide 
        for themselves and their families, risking significant exposure 
        to labor exploitation and sexual exploitation and abuse for 
        both women and their children.
            (8) Country studies indicate that the risk of HIV among 
        women who have experienced violence may be up to three times 
        higher than among those who have not experienced violence. The 
        World Health Organization found that women who experience 
        intimate partner violence are at more than 50 percent greater 
        risk of HIV infection, and in some instances their risk of HIV 
        infection increases four-fold. Women living with HIV are more 
        likely to experience violence than other women, and fear of 
        violence can prevent women from accessing HIV/AIDS information 
        and receiving treatment and counseling.
            (9) Addressing gender inequality and gender-based violence 
        is essential to reducing HIV risk and increasing access to HIV 
        prevention, care and treatment services for women and men. The 
        President's Emergency Plan for AIDS Relief (PEPFAR) supports 
        significant work in the field to incorporate efforts to prevent 
        and respond to gender-based violence into existing HIV 
        treatment and prevention programs.
            (10) Prevalence of sexual and physical 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. The World 
        Health Organization reports that rates of gender-based violence 
        are between 4 and 10 times greater among persons with 
        disabilities compared to non-disabled persons.
            (11) 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, trafficking, and abuse.
            (12) Rape and sexual assault against women and girls are 
        used to torture, intimidate, and terrorize communities. Rape 
        and sexual assault are used as tools of war in conflict zones, 
        including the Democratic Republic of Congo, Iraq, Syria, 
        Afghanistan, Colombia, and South Sudan.
            (13) Child and forced marriage--
                    (A) is a harmful practice that deprives girls and 
                women of their dignity and rights and creates barriers 
                to development for communities and countries;
                    (B) is projected to affect more than 140,000,000 
                girls around the world who have been or will be forced 
                into marriage between 2011 and 2020;
                    (C) can prematurely end girls' education, increase 
                vulnerability to gender-based violence, and 
                significantly raise the risk of maternal and infant 
                morbidity or mortality, including the risk of obstetric 
                fistula and sexually transmitted diseases, including 
                HIV/AIDS; and
                    (D) is perpetuated by poverty, a lack of 
                educational or employment opportunities for girls, a 
                lack of legal policies and enforcement of laws, and 
                religious, cultural, and social factors related to 
                girls' perceived lack of value, factors which become 
                particularly acute in conflict and disaster settings 
                where fears of sexual violence and overstretched coping 
                mechanisms often drive child and forced marriage.
            (14) The harmful practice of female genital mutilation/
        cutting (FGM/C) is carried out most often on girls between 
        infancy and 15 years of age and has impacted more than 
        125,000,000 girls and women around the world who are alive 
        today. FGM/C can cause long-term health problems, including 
        infertility, complications in childbirth, and increased risk of 
        newborn deaths.
            (15) World Bank data shows that gender inequality directly 
        corresponds to increased levels of political and economic 
        instability within states. Gender-based violence impedes 
        women's meaningful participation in social, political, and 
        economic spheres, which is essential to the stability and 
        democratization of a country. Since women disproportionately 
        experience gender-based violence during conflict and post-
        conflict reconstruction, they can play a pivotal role in 
        preventing, mitigating, and resolving conflict, and countering 
        extremism.
            (16) Gender-based violence is a contributing factor to 
        human trafficking. Experts in the field have reported that 
        women and girls who have experienced gender-based violence and 
        live in societies that tolerate severe gender discrimination 
        appear to be more vulnerable to being trafficked. Comprehensive 
        efforts to reduce human trafficking must include efforts to 
        prevent and respond to gender-based violence due to the 
        intertwined relationship of the two crimes.
            (17) Faith-based organizations and faith leaders are key 
        partners in the ongoing efforts to prevent and respond to 
        gender-based violence. When properly engaged and equipped with 
        knowledge and resources, such organizations and leaders can 
        play a significant part in changing behaviors and norms and 
        reducing gender-based violence. Particularly in countries that 
        lack effective legal frameworks to address gender-based 
        violence, such faith-based organizations and faith leaders have 
        the standing and authority to address harmful practices, such 
        as child marriage, intimate partner abuses, and acid throwing.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to take effective action to prevent and respond to 
        gender-based violence around the world as a matter of basic 
        human rights and to promote gender equality, economic growth, 
        and improved public health;
            (2) to systematically integrate and coordinate efforts to 
        prevent and respond to gender-based violence internationally 
        into United States foreign policy and foreign assistance 
        programs, including peace-building efforts and humanitarian 
        relief and recovery;
            (3) to support and build local capacity in developing 
        countries, including the capacity of governments at all levels, 
        nongovernmental organizations, especially women-led 
        organizations, to prevent and respond to gender-based violence;
            (4) to consult, cooperate, coordinate, and collaborate with 
        a wide variety of nongovernmental partners with demonstrated 
        experience in preventing and responding to gender-based 
        violence, including faith-based organizations and women-led 
        organizations;
            (5) to employ a multisectoral approach to preventing and 
        responding to gender-based violence 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 gender-based violence around the 
        world;
            (7) to enhance training by United States personnel of 
        professional foreign military and police forces, judicial 
        officials, and other public justice system officials, including 
        prosecutors, including specific and thorough instruction on 
        preventing and responding to gender-based violence around the 
        world;
            (8) to engage men and boys as partners, as an essential 
        element of making sustained reductions in gender-based 
        violence;
            (9) to include the prevention of child 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 gender-based violence and sexual 
        exploitation and abuse, including within the workforce;
            (11) to exert sustained international leadership to prevent 
        and respond to gender-based violence, including in bilateral 
        and multilateral fora; and
            (12) to implement a strategy to prevent and respond to 
        gender-based violence globally.

TITLE I--UNITED STATES STRATEGY TO PREVENT AND RESPOND TO GENDER-BASED 
                           VIOLENCE GLOBALLY

SEC. 101. GLOBAL STRATEGY REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and every 4 years thereafter, the Ambassador-at-
Large for Global Women's Issues at the Department of State appointed 
pursuant to section 201 (referred to in this section as the 
``Ambassador-at-Large''), in consultation with the Senior Coordinator 
for Gender Equality and Women's Empowerment at the United States Agency 
for International Development appointed pursuant to section 202 
(referred to in this section as the ``Senior Coordinator''), shall--
            (1) develop or update, in consultation with civil society, 
        including service providers, a United States global strategy to 
        prevent and respond to gender-based violence, using evidence-
        based interventions and standards that address the root causes 
        of, and provide comprehensive responses to, gender-based 
        violence;
            (2) submit the strategy under paragraph (1) to the 
        appropriate congressional committees for comment and review; 
        and
            (3) make the strategy publicly available on the internet.
    (b) Initial Strategy.--For the purposes of this section, an 
existing United States strategy to prevent and respond to gender-based 
violence may be deemed to fulfill the initial requirement under 
subsection (a).
    (c) Collaboration and Coordination.--In developing the strategy 
under subsection (a), the Ambassador-at-Large and the 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, including 
        nongovernmental organizations, faith-based organizations, 
        multilateral organizations, local and international civil 
        society groups, and local service providers and beneficiaries 
        with demonstrated experience in addressing gender-based 
        violence or promoting gender equality internationally.
    (d) Use of Funds.--Amounts appropriated or otherwise made available 
to carry out the activities under this section shall be subject to all 
applicable restrictions under Federal law.
    (e) Rule of Construction.--Nothing in this section may be construed 
to authorize any additional appropriations to carry out the strategy 
under subsection (a).

                 TITLE II--OVERSIGHT AND ACCOUNTABILITY

SEC. 201. DEFINITIONS.

    In this title:
            (1) Agency.--The term ``Agency'' means the United States 
        Agency for International Development.
            (2) Ambassador.--The term ``Ambassador'' means the 
        Ambassador-at-Large for Global Women's Issues appointed by the 
        President pursuant to section 202(a).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (4) Gender analysis.--The term ``gender analysis''--
                    (A) means a socioeconomic analysis of available or 
                gathered quantitative and qualitative information to 
                identify, understand, and explain gaps between men and 
                women, which typically involves examining--
                            (i) differences in the status of women and 
                        men and differential access to and control over 
                        assets, resources, education, opportunities, 
                        and services;
                            (ii) the influence of gender roles, 
                        structural barriers, and norms on the division 
                        of time between paid, unpaid work (including 
                        the subsistence production and care for family 
                        members), and volunteer activities;
                            (iii) the influence of gender roles, 
                        structural barriers, and norms on leadership 
                        roles and decision making; constraints, 
                        opportunities, and entry points for narrowing 
                        gender gaps and empowering women; and
                            (iv) potential differential impacts of 
                        development policies and programs on men and 
                        women, including unintended or negative 
                        consequences; and
                    (B) includes conclusions and recommendations to 
                enable development policies and programs--
                            (i) to narrow gender gaps; and
                            (ii) to improve the lives of women and 
                        girls.
            (5) Office.--The term ``Office'' means the Office of Global 
        Women's Issues established by the Secretary of State pursuant 
        to section 202(a).
            (6) Senior coordinator.--The term ``Senior Coordinator'' 
        means the Senior Coordinator for Gender Equality and Women's 
        Empowerment at the Agency.

SEC. 202. 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 the Office of Global 
Women's Issues. 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 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 duties determined by the Secretary of State, the Ambassador shall 
coordinate efforts of the United States Government as directed by the 
Secretary regarding approaches that promote equality and advance the 
status of women and girls in United States foreign policy.
    (c) Duties.--
            (1) In general.--The Ambassador--
                    (A) in consultation with the Senior Coordinator, 
                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 gender-based 
                violence, for all bureaus and offices of the Department 
                of State;
                    (B) shall actively promote and advance the 
                integration of gender analysis into the programs, 
                structures, processes, and capacities of bureaus and 
                offices of the Department of State and in the 
                international programs of other Federal agencies;
                    (C) shall direct United States Government 
                resources, as appropriate, to respond to needs for 
                promoting gender equality and the empowerment of women 
                in United States Government foreign policies and 
                international programs, including to prevent and 
                respond to gender-based violence internationally;
                    (D) may design, support, and implement activities 
                regarding empowerment of women internationally, 
                including for the prevention of and response to gender-
                based violence internationally;
                    (E) shall conduct regular consultation with civil 
                society organizations working to prevent and respond to 
                gender-based violence internationally;
                    (F) shall ensure that programs, projects, and 
                activities designed to prevent and respond to gender-
                based violence 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 gender-based violence 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 gender-based 
                violence internationally.
            (2) Information sharing and transparency.--The Office--
                    (A) shall be the central repository of data on all 
                United States programs, projects, and activities that 
                relate to prevention and response to gender-based 
                violence around the world; and
                    (B) shall produce a full accounting of United 
                States Government spending on such programs, projects, 
                and activities.

SEC. 203. SENIOR COORDINATOR FOR GENDER EQUALITY AND WOMEN'S 
              EMPOWERMENT.

    (a) Establishment.--There is established in the Agency the position 
of Senior Coordinator for Gender Equality and Women's Empowerment. The 
Senior Coordinator shall--
            (1) report to the Administrator of the Agency; and
            (2) conduct duties as directed by the Administrator to 
        promote the purposes of this Act.
    (b) In General.--The Senior Coordinator--
            (1) in consultation with the Ambassador, shall coordinate 
        activities, policies, programs, and funding of the Agency 
        relating to gender equality and women's empowerment, including 
        those intended to prevent and respond to gender-based violence;
            (2) shall actively promote and advance the integration of 
        gender analysis into the programs, structures, processes, and 
        capacities of all bureaus and offices of the Agency as dictated 
        by the Agency's Gender Equality and Female Empowerment Policy;
            (3) shall coordinate Agency resources for gender equality 
        and women's empowerment, including to prevent and respond to 
        gender-based violence 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 to gender-based 
        violence internationally;
            (5) shall conduct regular consultation with civil society 
        organizations working to prevent and respond to gender-based 
        violence internationally;
            (6) shall serve as the principal advisor to the 
        Administrator regarding gender equality, women's empowerment, 
        and gender-based violence; 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, to assist in the preparation of the 
        comprehensive strategy developed under section 101(a).

SEC. 204. BRIEFING.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Ambassador and the Senior Coordinator 
shall provide, to the appropriate congressional committees--
            (1) a briefing on international gender-based violence 
        prevention and response strategies, programming, and associated 
        outcomes; and
            (2) an assessment of human and financial resources 
        necessary to fulfill the purposes and duties under this Act.
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