S.Amdt. 4345Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4345
Sponsored by
Sen. Marco Rubio (R-FL)
Submitted November 4, 2021
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Senate amendment submitted
November 4, 2021
Text
Submitted
SA 4345. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title XII, add the following: Subtitle H--Protecting Central American Women and Children SEC. 1291. SHORT TITLE. This subtitle may be cited as the ``Central American Women and Children Protection Act of 2021''. SEC. 1292. WOMEN AND CHILDREN PROTECTION COMPACTS. (a) Authorization to Enter Into Compacts.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, is authorized to enter into multi-year, [[Page S7875]] bilateral agreements of not longer than 6 years in duration, developed in conjunction with the governments of El Salvador, Guatemala, and Honduras (referred to in this subtitle as ``Compact Countries''). Such agreements shall be known as Women and Children Protection Compacts (referred to in this subtitle as ``Compacts''). (b) Purpose.--Each Compact shall-- (1) set out the shared goals and objectives of the United States and the government of the Compact Country; and (2) be aimed at strengthening the Compact Country's efforts-- (A) to strengthen criminal justice and civil court systems to protect women and children and serve victims of domestic violence, sexual violence, trafficking, and child exploitation and neglect, and hold perpetrators accountable; (B) to secure, create, and sustain safe communities, building on best practices to prevent and deter violence against women and children; (C) to ensure that schools are safe and promote the prevention and early detection of domestic abuse against women and children within communities; and (D) to enhance security within areas experiencing endemic domestic, gang, gender-based and drug-related or similar criminal violence against women and children. (c) Compact Elements.--Each Compact shall-- (1) establish a 3- to 6-year cooperative strategy and assistance plan for achieving the shared goals and objectives articulated in such Compact; (2) be informed by the assessments of-- (A) the areas within the Compact Country experiencing the highest incidence of violence against women and children; (B) the ability of women and children to access protection and obtain effective judicial relief; and (C) the judicial capacity to respond to reports within the Compact Country of femicide, sexual and domestic violence, and child exploitation and neglect, and to hold the perpetrators of such criminal acts accountable; (3) seek to address the driving forces of violence against women and children, which shall include efforts to break the binding constraints to inclusive economic growth and access to justice; (4) identify clear and measurable goals, objectives, and benchmarks under the Compact to detect, deter and respond to violence against women and children; (5) set out clear roles, responsibilities, and objectives under the Compact, which shall include a description of the anticipated policy and financial commitments of the central government of the Compact Country; (6) seek to leverage and deconflict contributions and complementary programming by other donors; (7) include a description of the metrics and indicators to monitor and measure progress toward achieving the goals, objectives, and benchmarks under the Compact, including reductions in the prevalence of femicide, sexual assault, domestic violence, and child abuse and neglect; (8) provide for the conduct of an impact evaluation not later than 1 year after the conclusion of the Compact; and (9) provide for a full accounting of all funds expended under the Compact, which shall include full audit authority for the Office of the Inspector General of the Department of State, the Office of the Inspector General of the United States Agency for International Development, and the Government Accountability Office, as appropriate. (d) Funding Limitation.--Compacts may not provide for any United States assistance to be made available directly to the Government of El Salvador, the Government of Guatemala, or the Government of Honduras. (e) Termination or Suspension.--Any Compact may be suspended or terminated, with respect to a country or an entity receiving assistance pursuant to the Compact, if the Secretary of State determines that such country or entity has failed to make sufficient progress towards the goals of the Compact. (f) Sunset.--The authority to enter into Compacts under this subtitle shall expire on September 30, 2023. SEC. 1293. CONGRESSIONAL NOTIFICATION. Not later than 15 days before entering into a Compact with the Government of Guatemala, the Government of Honduras, or the Government of El Salvador, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives-- (1) a copy of the proposed Compact; (2) a detailed summary of the cooperative strategy and assistance plan required under section 1292(c); and (3) a copy of any annexes, appendices, or implementation plans related to the Compact. SEC. 1294. COMPACT PROGRESS REPORTS AND BRIEFINGS. (a) Progress Report.--Not later than 1 year after entering into a Compact, and annually during the life of the Compact, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the congressional committees listed in section 1293 that describes the progress made under the Compact. (b) Contents.--The report submitted under subsection (a) shall include-- (1) analysis and information on the overall rates of gender-based violence against women and children in El Salvador, Guatemala, and Honduras, including by using survivor surveys, regardless of whether or not these acts of violence are reported to government authorities; (2) analysis and information on incidences of cases of gender-based violence against women and children reported to the authorities in El Salvador, Guatemala, and Honduras, and the percentage of alleged perpetrators investigated, apprehended, prosecuted, and convicted; (3) analysis and information on the capacity and resource allocation of child welfare systems in El Salvador, Guatemala, and Honduras to protect unaccompanied children; (4) the percentage of reported violence against women and children cases reaching conviction; (5) a baseline and percentage changes in women and children victims receiving legal and other social services; (6) a baseline and percentage changes in school retention rates; (7) a baseline and changes in capacity of police, prosecution service, and courts to combat violence against women and children; (8) a baseline and changes in capacity of justice, protection, and other relevant ministries to support survivors of gender-based violence against women and children; and (9) independent external evaluation of funded programs, including compliance with terms of the Compacts by El Salvador, Guatemala, and Honduras, and by the recipients of the assistance. (c) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall provide a briefing to the congressional committees listed in section 1293 regarding-- (1) the data and information collected pursuant to this section; and (2) the steps taken to protect and assist victims of domestic violence, sexual violence, trafficking, and child exploitation and neglect. ______