[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4058 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4058

  To authorize assistance for civilians in foreign countries who have 
           been affected by conflict, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2004

   Mr. Hyde introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
  To authorize assistance for civilians in foreign countries who have 
           been affected by conflict, 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.--This Act may be cited as the ``United States 
Assistance for Civilians Affected by Conflict Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
  TITLE I--ACTIONS TO RESPOND TO COMPLEX HUMANITARIAN EMERGENCIES IN 
                           FOREIGN COUNTRIES

   Subtitle A--Interagency policy planning and implementation process

Sec. 101. Findings.
Sec. 102. Declaration of policy.
Sec. 103. Interagency policy planning and implementation process.
 Subtitle B--Actions to respond to complex humanitarian emergencies in 
                           foreign countries

Sec. 111. Findings.
Sec. 112. Actions to respond to complex humanitarian emergencies in 
                            foreign countries.
Sec. 113. International disaster assistance.
Sec. 114. Initiatives to provide protection for people affected by 
                            complex humanitarian emergencies in foreign 
                            countries.
Sec. 115. Health services for women affected by complex humanitarian 
                            emergencies in foreign countries.
     TITLE II--ASSISTANCE TO RESPOND TO CRISES IN FOREIGN COUNTRIES

Sec. 201. Assistance to respond to crises in foreign countries.
      TITLE III--ASSISTANCE FOR COUNTRIES EMERGING FROM CONFLICT; 
 INTERNATIONAL WAR VICTIMS ASSISTANCE; UNITED STATES FAMINE PREVENTION 
                          AND MITIGATION FUND

Sec. 301. Assistance for countries emerging from conflict; 
                            international war victims assistance; 
                            United States Famine Prevention and 
                            Mitigation Fund.
  TITLE IV--PROTECTION FOR CIVILIANS IN FOREIGN COUNTRIES AFFECTED BY 
                                CONFLICT

Sec. 401. Findings and purposes.
Sec. 402. Requirement to develop integrated strategy.
Sec. 403. Early warning and early action systems.
Sec. 404. Whistleblower system.
Sec. 405. Code of conduct for nongovernmental organizations that 
                            provide assistance to refugees or 
                            internally displaced persons.
Sec. 406. Review of operations at refugee and displaced persons camps.
Sec. 407. International military education and training.

SEC. 2. 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 the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (3) Children.--The term ``children'' means persons who have 
        not attained the age of 18.
            (4) Complex humanitarian emergency.--The term ``complex 
        humanitarian emergency'' means a situation in which a 
        significant number of refugees, internally displaced persons, 
        or other civilians require protection or humanitarian 
        assistance on an urgent basis due to armed conflict, civil 
        strife, significant civil disturbance, disorder, or breakdown 
        of authority, or state-sponsored harassment or persecution.
            (5) Exploitation of children.--The term ``exploitation of 
        children'' means--
                    (A) adult sexual activity with children;
                    (B) kidnapping or forcibly separating children from 
                their families;
                    (C) subjecting children to the worst forms of child 
                labor;
                    (D) forcing children to commit or witness acts of 
                violence, including compulsory recruitment into armed 
                forces or as combatants; and
                    (E) withholding or obstructing access of children 
                to food, shelter, medicine, and basic human services.
            (6) Gender-based violence.--The term ``gender-based 
        violence'' means causing harm to a person based on gender, 
        including--
                    (A) rape;
                    (B) sexual assault or torture;
                    (C) sex trafficking or trafficking in persons;
                    (D) demands for sex in exchange for employment, 
                goods, services, or protection;
                    (E) withholding or obstructing access to food, 
                shelter, medicine, and basic human services; and
                    (F) other forms of violence based on gender.
            (7) HIV.--The term ``HIV'' means the human immunodeficiency 
        virus, the virus that causes the acquired immune deficiency 
        syndrome (AIDS).
            (8) Humanitarian assistance.--The term ``humanitarian 
        assistance'' means basic assistance to save lives, alleviate 
        suffering, and protect livelihoods, such as medical assistance, 
        food assistance, and basic supplies and services to promote 
        adequate health, sanitation, shelter, and livelihoods, 
        including assistance for the relief and rehabilitation of the 
        people of a country that has been affected by a natural 
        disaster.
            (9) Protection.--The term ``protection'', with respect to 
        an individual, a family, a group, or a community, means all 
        appropriate measures to promote the physical and psychological 
        security of, provide equal access to basic services for, and 
        safeguard the legal and human rights and dignity of, 
        individuals, families, groups, and communities.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (11) Sex trafficking.--The term ``sex trafficking'' has the 
        meaning given the term in section 103 of Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7102).
            (12) Trafficking in persons.--The term ``trafficking in 
        persons'' has the meaning given the term ``severe forms of 
        trafficking in persons'' in section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102).
            (13) Worst forms of child labor.--The term ``worst forms of 
        child labor'' has the meaning given the term in article 3 of 
        Convention Number 182 of the International Labor Organization.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The United States has a long tradition of providing 
        assistance to the people of foreign countries during times of 
        disaster, crisis, and complex humanitarian emergencies. The 
        United States has also assisted foreign countries recover after 
        these events.
            (2) The bounty of our Nation's farmland and the efficiency 
        and productivity of American farmers have made the United 
        States the world's leading donor of food assistance to people 
        in need during times of disaster, crisis, or complex 
        humanitarian emergencies.
            (3) United States citizens have worked overseas during 
        times of disaster, crisis, or complex humanitarian emergencies, 
        often at great danger to themselves, furthering United States 
        interests while improving their own understanding of the world 
        and the lives of others, whether volunteering with church and 
        civic organizations, working for relief and development 
        agencies, or in the service of the United States Government.
            (4) The compassion of the people of the United States 
        informs our actions as a Nation and a Government, and has 
        caused us to willingly help others in need, through private and 
        public generosity and through the provision of protection and 
        assistance to refugees, our solidarity with the world's 
        dispossessed, and our concern about and action on behalf of 
        those less fortunate.
            (5) The complex humanitarian emergencies that characterize 
        the post-cold war period have resulted in massive humanitarian 
        need and suffering but also a corresponding outpouring of 
        support from the people of the United States.
            (6) It is thus part of our history, present, and future 
        that the United States will assist peace-loving people during 
        times of disaster, crisis, and complex humanitarian 
        emergencies, and to recover and rebuild after such events.
    (b) Purposes.--The purposes of this Act, and the amendments made by 
this Act, are--
            (1) to improve United States actions to respond to complex 
        humanitarian emergencies in foreign countries, including by--
                    (A) establishing an effective United States 
                Government interagency policy planning and 
                implementation process to prepare for and respond to 
                such emergencies; and
                    (B) providing protection for people affected by a 
                complex humanitarian emergency and providing assistance 
                to foreign countries affected by such an emergency;
            (2) to provide assistance to respond to crises in foreign 
        countries;
            (3) to provide assistance to support democracy and long-
        term development in certain foreign countries;
            (4) to provide protection for civilians affected by 
        conflict; and
            (5) to improve post-conflict reconstruction efforts in 
        certain foreign countries.

  TITLE I--ACTIONS TO RESPOND TO COMPLEX HUMANITARIAN EMERGENCIES IN 
                           FOREIGN COUNTRIES

   Subtitle A--Interagency Policy Planning and Implementation Process

SEC. 101. FINDINGS.

    Congress finds the following:
            (1) Advance planning, coordinated action, and harmonized 
        execution among the Federal departments and agencies 
        responsible for the conduct of foreign affairs and national 
        security are essential to ensure that the United States 
        response to complex humanitarian emergencies in foreign 
        countries is effective, successful, and consistent with the 
        national interests of the United States.
            (2) Establishment and use of an interagency policy planning 
        and implementation process is essential to ensure such 
        planning, action, and execution is achieved.
            (3) The product of such an interagency process, developed 
        with the participation of officials from Federal departments 
        and agencies responsible for the conduct of foreign affairs and 
        national security, should clearly articulate the national 
        interests of the United States involved.
            (4) The product of such an interagency process should 
        include a strategic plan for achieving the policy objectives of 
        the United States response and delineate divisions of 
        responsibility of the departments and agencies involved.
            (5) Any such strategic plan should be developed in the 
        context of and in coordination with the broader international 
        effort of which United States operations are a part.

SEC. 102. DECLARATION OF POLICY.

    Congress declares the following:
            (1) The United States Government should establish and 
        implement an interagency policy planning and implementation 
        process among the Federal departments and agencies responsible 
        for the conduct of foreign affairs and national security in 
        order to anticipate and promptly respond to complex 
        humanitarian emergencies in foreign countries.
            (2) Such an interagency process should develop as its 
        product an operational approach that accounts for economic, 
        political, humanitarian, and military factors and interests.
            (3) The United States should utilize such plans for the 
        implementation of response during complex humanitarian 
        emergencies, foreign crises, and post-conflict environments, 
        regardless of which Federal department or agency directs 
        specific complex humanitarian emergency responses or post-
        conflict reconstruction efforts.

SEC. 103. INTERAGENCY POLICY PLANNING AND IMPLEMENTATION PROCESS.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish among the Federal 
departments and agencies responsible for the conduct of foreign affairs 
and national security an interagency policy planning and implementation 
process to ensure advance planning, coordinated action, and harmonized 
execution to respond to complex humanitarian emergencies in foreign 
countries and to ensure that such planning and action is consistent 
with the national interests of the United States.
    (b) Report.--Not later than 120 days after the date of enactment of 
this Act, the President shall transmit to the appropriate congressional 
committees a report that contains a summary of the interagency policy 
planning and implementation process described in subsection (a), 
including a summary of the relevant directive or other order, if 
available, that provides for the establishment of such interagency 
process.

 Subtitle B--Actions to Respond to Complex Humanitarian Emergencies in 
                           Foreign Countries

SEC. 111. FINDINGS.

    Congress finds the following:
            (1) The nature of war has changed dramatically in recent 
        decades, putting civilians at greater risk of death, disease, 
        displacement, and exploitation.
            (2) Civilians, particularly women and children, account for 
        the vast majority of those individuals adversely affected by 
        complex humanitarian emergencies, including as refugees and 
        internally displaced persons.
            (3) The percentage of civilians killed or wounded as a 
        result of hostilities has risen from 5 percent of all 
        casualties at the beginning of the 20th century to 65 percent 
        of all casualties during World War II and to 90 percent of all 
        casualties in more recent hostilities. Women and children 
        comprise the majority of civilian deaths and the majority of 
        all refugees from hostilities.
            (4) In the 1990s, more than 2,000,000 children have been 
        killed during wars, more than 4,000,000 children have survived 
        physical mutilation during wars, and more than 1,000,000 
        children were orphaned or separated from their families as a 
        result of wars.
            (5) In many armed conflicts, soldiers have destroyed food 
        supplies and productive capacities, stolen donated food 
        intended for women and children, and blocked the distribution 
        of humanitarian assistance.
            (6) While the United States has the capacity to deliver 
        humanitarian assistance to civilians affected by conflict, 
        there are many populations currently affected by ongoing 
        complex humanitarian emergencies with respect to which United 
        States assistance has not been provided.

SEC. 112. ACTIONS TO RESPOND TO COMPLEX HUMANITARIAN EMERGENCIES IN 
              FOREIGN COUNTRIES.

    Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) is amended by inserting after chapter 3 the following new 
chapter:

``CHAPTER 4--ACTIONS TO RESPOND TO COMPLEX HUMANITARIAN EMERGENCIES IN 
                           FOREIGN COUNTRIES

``SEC. 401. DECLARATION OF POLICY.

    ``Congress, recognizing that prompt United States action to respond 
to complex humanitarian emergencies in foreign countries, including to 
alleviate the suffering of civilians affected by such emergencies, is 
an important expression of the humanitarian concern and tradition of 
the people of the United States, affirms the willingness of the United 
States to respond to such emergencies by providing protection for 
people affected by a complex humanitarian emergency and providing 
assistance to foreign countries affected by such an emergency.

``SEC. 402. COORDINATION.

    ``(a) Appointment of Special Coordinator.--
            ``(1) In general.--On a case-by-case basis or generally, 
        the President is authorized to appoint a Special Coordinator to 
        ensure that, in accordance with section 103(a) of the United 
        States Assistance for Civilians Affected by Conflict Act of 
        2004, the Federal departments and agencies responsible for the 
        conduct of foreign affairs and national security undertake 
        advance planning, coordinated action, and harmonized execution 
        to respond to complex humanitarian emergencies in foreign 
        countries and to ensure that such planning and action is 
        consistent with the national interests of the United States.
            ``(2) Rank.--The individual appointed pursuant to 
        subsection (a) may have the rank of `Special Assistant to the 
        President'.
    ``(b) Coordination With Other Programs.--In carrying out the 
functions described in this chapter, and consistent with section 101 of 
the National Security Act of 1947 (50 U.S.C. 402), the President shall 
ensure coordination of the assistance authorized under this chapter 
with foreign economic assistance programs and activities carried out by 
all other Federal departments and agencies.

``SEC. 403. ACTIONS TO RESPOND TO COMPLEX HUMANITARIAN EMERGENCIES IN 
              FOREIGN COUNTRIES.

    ``(a) Authorization.--Notwithstanding any other provision of law, 
whenever the President determines it to be important to the national 
interest of the United States, the President is authorized to take the 
actions described in subsection (b) and such other actions as the 
President may determine to respond to complex humanitarian emergencies 
in foreign countries.
    ``(b) Actions.--The actions referred to in subsection (a) are the 
following:
            ``(1) Provide protection for people affected by a complex 
        humanitarian emergency.
            ``(2) Provide assistance to foreign countries affected by a 
        complex humanitarian emergency, or to international 
        organizations or private voluntary organizations, on such terms 
        and conditions as the President may determine, for the benefit 
        of such affected countries, including--
                    ``(A) humanitarian assistance;
                    ``(B) assistance relating to conflict prevention 
                and mitigation, the prediction of and preparation for 
                conflict, and contingency planning for the humanitarian 
                consequences of a complex humanitarian emergency; and
                    ``(C) assistance to promote the demobilization of 
                combatants and reintegration of former combatants into 
                civilian life following the conclusion of a complex 
                humanitarian emergency, notwithstanding any provision 
                of law that prohibits assistance to the armed forces of 
                a foreign country.
    ``(c) Additional Requirement.--The President shall ensure that the 
actions taken under this section shall, to the greatest extent 
possible, benefit the individuals or entities that are most in need.

``SEC. 404. LIMITATION.

    ``Amounts available to carry out this chapter may not be used to 
provide assistance to respond to natural disasters.

``SEC. 405. NOTIFICATION OF OBVIATION OF PROVISIONS OF LAW.

    ``(a) In General.--If the provision of assistance under this 
chapter necessitates the obviation of any provision of law, the 
President shall notify the appropriate congressional committees not 
later than 7 days after the date on which the determination is made to 
obviate the provisions of law involved.
    ``(b) Contents of Notification.--The notification referred to in 
subsection (a) shall include an explanation of the assistance being 
provided, the provisions of law to be obviated, and a justification and 
explanation as to why the provision of assistance requires the 
obviation of the provisions of law involved.

``SEC. 406. DEFINITIONS.

    ``In this chapter:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            ``(2) Complex humanitarian emergency.--The term `complex 
        humanitarian emergency' means a situation in which a 
        significant number of refugees, internally displaced persons, 
        or other civilians require protection or humanitarian 
        assistance on an urgent basis due to armed conflict, civil 
        strife, significant civil disturbance, disorder, or breakdown 
        of authority, or state-sponsored harassment or persecution.
            ``(3) Humanitarian assistance.--The term `humanitarian 
        assistance' means basic assistance to save lives, alleviate 
        suffering, and protect livelihoods, such as medical assistance, 
        food assistance, and basic supplies and services to promote 
        adequate health, sanitation, shelter, and livelihoods.
            ``(4) Protection.--The term `protection', with respect to 
        an individual, a family, a group, or a community, means all 
        appropriate measures to promote the physical and psychological 
        security of, provide equal access to basic services for, and 
        safeguard the legal and human rights and dignity of, 
        individuals, families, groups, and communities.

``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
President to carry out this chapter $100,000,000 for each of the fiscal 
years 2005 and 2006.
    ``(b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.''.

SEC. 113. INTERNATIONAL DISASTER ASSISTANCE.

    Section 492(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2292a(a)) is amended by striking ``$25,000,000 for fiscal year 1986 and 
$25,000,000 for fiscal year 1987'' and inserting ``$135,500,000 for 
each of the fiscal years 2005 and 2006''.

SEC. 114. INITIATIVES TO PROVIDE PROTECTION FOR PEOPLE AFFECTED BY 
              COMPLEX HUMANITARIAN EMERGENCIES IN FOREIGN COUNTRIES.

    (a) United States Initiatives.--
            (1) Authorization.--The President is authorized, under the 
        authority of chapter 4 of part I of the Foreign Assistance Act 
        of 1961 (as added by section 112 of this Act), to develop and 
        undertake protection initiatives, including protection 
        initiatives for civilian women and children who are refugees, 
        displaced persons, or living in areas affected by a complex 
        humanitarian emergency, including--
                    (A) training of field workers on identifying and 
                responding to violence, particularly gender-based 
                violence, and the exploitation of children;
                    (B) support for the rapid deployment of protection 
                officers to countries affected by complex humanitarian 
                emergencies;
                    (C) support for registration initiatives to 
                document refugees and internally displaced persons for 
                purposes of facilitating the provision of humanitarian 
                assistance to such persons and the reunification of 
                families; and
                    (D) support for programs that provide assistance to 
                civilians who are displaced due to such an emergency, 
                including--
                            (i) psycho-social counseling;
                            (ii) training related to income generation 
                        and employment skills; and
                            (iii) emergency health care required to 
                        respond to gender-based violence.
            (2) Authorization of appropriations.--Of the amounts made 
        available to carry out chapter 4 of part I of the Foreign 
        Assistance Act of 1961 (as added by section 112 of this Act) or 
        of the amounts appropriated under the heading ``Migration and 
        Refugee Assistance'', there are authorized to be appropriated 
        to the President such sums as may be necessary for the fiscal 
        years 2005 and 2006 to carry out this section.
    (b) United Nations Initiatives.--It is the sense of Congress that 
the United Nations High Commissioner for Refugees should review--
            (1) its personnel practices to ensure that--
                    (A) senior protection officers are assigned to the 
                posts where women and children are in the most danger 
                of gender-based violence or exploitation;
                    (B) experienced protection officers are present at 
                border crossings; and
                    (C) more female staff are present in camps for 
                refugees or displaced persons; and
            (2) its personnel practices to facilitate the hiring of 
        successful junior professional officers on a permanent basis 
        following their initial tours of duty.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the appropriate 
congressional committees a report that contains a description of any 
steps that have been taken to establish or carry out subsections (a) 
and (b).

SEC. 115. HEALTH SERVICES FOR WOMEN AFFECTED BY COMPLEX HUMANITARIAN 
              EMERGENCIES IN FOREIGN COUNTRIES.

    (a) Findings.--Congress makes the following findings:
            (1) A complex humanitarian emergency presents increased 
        risks for women and girls.
            (2) Women who are refugees or internally displaced persons 
        face heightened risks of developing complications during 
        pregnancy, suffering a miscarriage, dying, being injured during 
        childbirth, becoming infected with HIV or another sexually 
        transmitted infection, or suffering from post-traumatic stress 
        disorder.
            (3) Despite the heightened risks for women during a complex 
        humanitarian emergency, women's needs for specialized health 
        services have often been overlooked by donors and relief 
        organizations, which are focused on providing food, water, and 
        shelter.
            (4) Priority activities and emergency supplies designed to 
        address life-threatening women's health problems during a 
        complex humanitarian emergency are often not implemented or 
        made available in the early days and weeks of the emergency, 
        the period when such activities and supplies are most needed 
        and may be most effective.
    (b) Declaration of Policy.--Congress declares that it shall be the 
policy of the United States to ensure that organizations funded by the 
United States Government that respond to complex humanitarian 
emergencies in foreign countries have the resources necessary to 
address the specific health needs of women affected by such emergencies 
in order--
            (1) to prevent and manage the consequences of sexual 
        violence;
            (2) to reduce transmission of HIV;
            (3) to provide obstetric care;
            (4) to integrate women's health services into the primary 
        health care services provided during such an emergency; and
            (5) to provide education to prevent the incidence of 
        gender-based violence, exploitation of women and children, and 
        the spread of HIV.

     TITLE II--ASSISTANCE TO RESPOND TO CRISES IN FOREIGN COUNTRIES

SEC. 201. ASSISTANCE TO RESPOND TO CRISES IN FOREIGN COUNTRIES.

    Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) is amended by inserting after chapter 4 (as added section 112 of 
this Act) the following new chapter:

   ``CHAPTER 4A--ASSISTANCE TO RESPOND TO CRISES IN FOREIGN COUNTRIES

``SEC. 411. ASSISTANCE.

    ``Whenever the President determines it to be important to the 
national interest of the United States, the President is authorized to 
provide assistance on such terms and conditions as the President may 
determine for the purpose of preventing, preparing for, and responding 
to crises in foreign countries, including acts of ethnic cleansing, 
mass killings, and genocide, peace and humanitarian intervention 
operations, armed ethnic or civil conflicts that pose threats to 
regional or international peace, and foreign territorial disputes.

``SEC. 412. LIMITATION.

    ``Amounts available to carry out this chapter may not be used to 
provide assistance to respond to natural disasters.

``SEC. 413. ADMINISTRATIVE PROVISIONS.

    ``(a) Authority.--Assistance under this chapter may be provided 
notwithstanding any other provision of law.
    ``(b) Notification of Obviation of Provisions of Law.--
            ``(1) In general.--If the provision of assistance under 
        this chapter necessitates the obviation of any provision of 
        law, the President shall notify the appropriate congressional 
        committees not later than 7 days after the date on which the 
        determination is made to obviate the provisions of law 
        involved.
            ``(2) Contents of notification.--The notification referred 
        to in paragraph (1) shall include an explanation of the 
        assistance being provided, the provisions of law to be 
        obviated, and a justification and explanation as to why the 
        provision of assistance requires the obviation of the 
        provisions of law involved.
    ``(c) Notification.--
            ``(1) In general.--Whenever the President makes a 
        determination required by section 411 to provide assistance 
        under such section, the President shall notify the appropriate 
        congressional committees not later than 7 days after the date 
        on which the determination is made.
            ``(2) Contents of notification.--The notification referred 
        to in paragraph (1) shall include a description of the 
        assistance being provided, the purpose of the assistance, and a 
        justification for the assistance.

``SEC. 414. DEFINITION.

    ``In this chapter, the term `appropriate congressional committees' 
has the meaning given the term in section 406(1).

``SEC. 415. AUTHORIZATION OF APPROPRIATIONS; RELATED AUTHORITIES.

    ``(a) Authorization of Appropriations.--Of the amounts made 
available to carry out chapter 4 of part II of this Act, there are 
authorized to be appropriated to the President from time to time such 
amounts as may be necessary to carry out this chapter, except that no 
amount of funds may be appropriated which, when added to amounts 
previously appropriated but not yet obligated, would cause such amounts 
to exceed $100,000,000.
    ``(b) Related Authorities.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a)--
            ``(1) may be referred to as the `United States Foreign 
        Crises Response Fund';
            ``(2) are authorized to remain available until expended; 
        and
            ``(3) are in addition to amounts otherwise available for 
        such purposes.''.

      TITLE III--ASSISTANCE FOR COUNTRIES EMERGING FROM CONFLICT; 
 INTERNATIONAL WAR VICTIMS ASSISTANCE; UNITED STATES FAMINE PREVENTION 
                          AND MITIGATION FUND

SEC. 301. ASSISTANCE FOR COUNTRIES EMERGING FROM CONFLICT; 
              INTERNATIONAL WAR VICTIMS ASSISTANCE; UNITED STATES 
              FAMINE PREVENTION AND MITIGATION FUND.

    Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.) is amended by inserting after chapter 4A (as added by section 201 
of this Act) the following new chapter:

    ``CHAPTER 4B--ASSISTANCE FOR COUNTRIES EMERGING FROM CONFLICT; 
 INTERNATIONAL WAR VICTIMS ASSISTANCE; UNITED STATES FAMINE PREVENTION 
                          AND MITIGATION FUND

``SEC. 421. ASSISTANCE TO COUNTRIES EMERGING FROM POLITICAL 
              INSTABILITY, CIVIL STRIFE, OR ARMED CONFLICT.

    ``(a) Authorization.--The President is authorized to provide 
assistance to support the transition to democracy and long-term 
development in countries emerging from political instability, civil 
strife, or armed conflict.
    ``(b) Examples of Assistance.--Assistance referred to in subsection 
(a) may include assistance to develop, strengthen, or preserve 
democratic institutions and processes, to revitalize basic 
infrastructure, and to foster the peaceful resolution of conflict.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the President $55,000,000 for each of the fiscal years 2005 
        and 2006 to carry out this section.
            ``(2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1)--
                    ``(A) are authorized to remain available until 
                expended; and
                    ``(B) are in addition to amounts otherwise 
                available for such purpose.
    ``(d) Administrative Provisions.--
            ``(1) Authority.--Assistance under this section may be 
        provided notwithstanding any other provision of law.
            ``(2) Notification of obviation of provisions of law.--
                    ``(A) In general.--If the provision of assistance 
                under this section necessitates the obviation of any 
                provision of law, the President shall notify the 
                appropriate congressional committees not later than 7 
                days after the date on which the determination is made 
                to obviate the provisions of law involved.
                    ``(B) Contents of notification.--The notification 
                referred to in subparagraph (A) shall include an 
                explanation of the assistance being provided, the 
                provisions of law to be obviated, and a justification 
                and explanation as to why the provision of assistance 
                requires the obviation of the provisions of law 
                involved.
            ``(3) Notification.--
                    ``(A) In general.--Whenever the President makes a 
                determination required by subsection (a) to provide 
                assistance under such subsection, the President shall 
                notify the appropriate congressional committees not 
                later than 7 days after the date on which the 
                determination is made.
                    ``(B) Contents of notification.--The notification 
                referred to in subparagraph (A) shall include a 
                description of the assistance being provided, the 
                purpose of the assistance, and a justification for the 
                assistance.

``SEC. 422. INTERNATIONAL WAR VICTIMS ASSISTANCE.

    ``(a) Authorization.--The President is authorized to provide 
assistance to victims of civil strife and warfare in foreign countries.
    ``(b) Activities.--The programs established pursuant to assistance 
provided under subsection (a) may include the following programs, 
projects, and activities:
            ``(1) Development of local capacity to provide medical and 
        rehabilitation services to victims of civil strife and warfare 
        in foreign countries, such as--
                    ``(A) support for and training of medical 
                professionals, including surgeons, nurses, and physical 
                therapists, to provide effective medical care for such 
                victims;
                    ``(B) support for sustainable prosthetic and 
                orthotic services for such victims; and
                    ``(C) psychological and social rehabilitation of 
                such individuals, together with their families as 
                appropriate, for the reintegration of such individuals 
                into local communities.
            ``(2) Support for policy reform and educational efforts 
        related to the needs and abilities of individuals with 
        disabilities, including victims of civil strife and warfare.
            ``(3) Coordination of programs established pursuant to 
        subsection (a) with existing programs for individuals with 
        disabilities, including victims of civil strife and warfare, in 
        foreign countries.
            ``(4) Support for establishment of appropriate entities in 
        foreign countries to coordinate programs, projects, and 
        activities related to assistance for individuals with 
        disabilities, including victims of civil strife and warfare.
            ``(5) Support for primary, secondary, and vocational 
        education, public awareness and training programs and other 
        activities that help prevent war-related injuries and assist 
        individuals with disabilities, including victims of civil 
        strife and warfare, with their reintegration into society and 
        their ability to make sustained social and economic 
        contributions to society.
    ``(c) Priority.--To the maximum extent feasible, assistance under 
this section shall be provided through nongovernmental organizations, 
and, as appropriate, through governments to establish appropriate 
norms, standards, and policies related to rehabilitation and issues 
affecting individuals with disabilities, including victims of civil 
strife and warfare.
    ``(d) Funding.--Amounts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this Act) 
and the Support for East European Democracy (SEED) Act of 1989 are 
authorized to be made available to carry out this section and are 
authorized to be provided notwithstanding any other provision of law 
which restricts assistance to foreign countries.

``SEC. 423. UNITED STATES FAMINE PREVENTION AND MITIGATION FUND.

    ``(a) Authorization.--Whenever the President determines it to be 
important to the national interests of the United States, the President 
is authorized to furnish on such terms and conditions as the President 
may determine assistance under this section for the purpose of meeting 
unexpected urgent famine needs in foreign countries, especially 
relating to complex humanitarian emergencies.
    ``(b) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' has the meaning given 
        the term in section 406(1).
            ``(2) Complex humanitarian emergency.--The term `complex 
        humanitarian emergency' has the meaning given the term in 
        section 406(2).
    ``(c) Authorization of Appropriations; Related Authorities.--
            ``(1) Authorization of appropriations.--Of the amounts 
        appropriated for a fiscal year to carry out title II of the 
        Agricultural Trade Development and Assistance Act of 1954, 
        there are authorized to be appropriated to the President for 
        such fiscal year 5 percent of such amounts to carry out this 
        section, except that no amount of funds may be appropriated 
        which, when added to amounts previously appropriated but not 
        yet obligated to carry out this section, would cause such 
        amounts to exceed $100,000,000.
            ``(2) Related authorities.--Amounts appropriated pursuant 
        to the authorization of appropriations under paragraph (1)--
                    ``(A) may be referred to as the `United States 
                Famine Prevention and Mitigation Fund';
                    ``(B) are authorized to remain available until 
                expended; and
                    ``(C) are in addition to amounts otherwise 
                available for such purposes.
    ``(d) Administrative Provisions.--
            ``(1) Authority.--Assistance under this section may be 
        provided notwithstanding any other provision of law.
            ``(2) Notification of obviation of provisions of law.--
                    ``(A) In general.--If the provision of assistance 
                under this section necessitates the obviation of any 
                provision of law, the President shall notify the 
                appropriate congressional committees not later than 7 
                days after the date on which the determination is made 
                to obviate the provisions of law involved.
                    ``(B) Contents of notification.--The notification 
                referred to in subparagraph (A) shall include an 
                explanation of the assistance being provided, the 
                provisions of law to be obviated, and a justification 
                and explanation as to why the provision of assistance 
                requires the obviation of the provisions of law 
                involved.
            ``(3) Notification.--
                    ``(A) In general.--Whenever the President makes a 
                determination required by subsection (a) to provide 
                assistance under such subsection, the President shall 
                notify the appropriate congressional committees not 
                later than 7 days after the date on which the 
                determination is made.
                    ``(B) Contents of notification.--The notification 
                referred to in subparagraph (A) shall include a 
                description of the assistance being provided, the 
                purpose of the assistance, and a justification for the 
                assistance.''.

  TITLE IV--PROTECTION FOR CIVILIANS IN FOREIGN COUNTRIES AFFECTED BY 
                                CONFLICT

SEC. 401. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Civilians, particularly women and children, are 
        increasingly affected by conflict and are targeted by 
        combatants and armed elements for murder, abduction, forced 
        military conscription, involuntary servitude, displacement, 
        sexual abuse and slavery, mutilation, and loss of freedom.
            (2) Traditionally, humanitarian response to civilians 
        affected by conflict has focused on providing food, medical 
        care, and shelter needs, while placing less emphasis on the 
        safety and security of people affected by a complex 
        humanitarian emergency.
            (3) Few well-coordinated efforts exist to prevent and 
        respond to violence against civilians, particularly women and 
        children, when they are refugees or internally displaced 
        persons.
            (4) While the United Nations High Commissioner for Refugees 
        and the Department of State are charged with protecting 
        refugees, there is no international organization or United 
        States Government agency with a clear mandate to protect 
        internally displaced persons and those at risk of displacement 
        as a result of a complex humanitarian emergency.
            (5) There is a substantial need for the protection of 
        civilians affected by conflict to be given a high priority 
        during all complex humanitarian emergencies.
            (6) During 2003, an estimated 300,000 children have been 
        compulsorily recruited into military operations around the 
        world, including a large number of girls who have been forced 
        to work as combatants, cooks, messengers, spies, or sexual 
        slaves for soldiers.
            (7) The use of rape, particularly against women and girls, 
        is an increasingly common tactic in modern war.
            (8) The international community has a responsibility 
        pursuant to the Protocol Relating to the Status of Refugees, 
        signed at New York on October 4, 1967 (19 U.S.T. 6223), the 
        Convention Relating to the Status of Refugees, signed at Geneva 
        on July 28, 1951, and the Convention Relative to the Protection 
        of Civilian Persons in Time of War, signed at Geneva on August 
        12, 1949 (6 U.S.T. 3516), to take preventive action that would 
        improve preparedness and reduce the vulnerability of women and 
        children to violence and exploitation.
            (9) Food rations in camps for refugees and internally 
        displaced persons are often limited and unpredictable, and 
        vulnerable women rarely have legitimate opportunities to 
        generate income or products to barter for additional food and 
        other supplies.
            (10) Women and girls who are refugees face particular 
        threats because of power inequities, including being forced to 
        exchange sex for food and humanitarian supplies, and being at 
        increased risk of rape and gender-based violence due to poor 
        security in refugee camps.
            (11) An investigation into sexual exploitation of refugees 
        by aid workers in West Africa, conducted by the United Nations 
        Office of Internal Oversight Services, found many factors that 
        contribute to the exploitation and abuse of women and children 
        in refugee situations, including--
                    (A) few women working in key positions in refugee 
                relief efforts;
                    (B) insufficient international staff presence in 
                the camps;
                    (C) isolation and lack of separate and distinctly 
                placed sanitary facilities for men and women;
                    (D) incomplete rations and delayed delivery of 
                supplies to refugees; and
                    (E) lack of punishment for perpetrators, including 
                adult refugees, of sexual crimes against children in 
                refugee situations.
            (12) Refugees and internally displaced persons living 
        outside of camps experience a range of serious problems, 
        including vulnerability to harassment, abuse, and exploitation 
        by landlords and employers with little legal recourse, and 
        constant threat of detention, imprisonment, and deportation.
            (13) Existing nongovernmental organization and 
        international agency policies, procedures, training programs, 
        monitoring, and accountability mechanisms have not protected 
        displaced women and children from exploitation and abuse, 
        provided adequate assistance to survivors, or disciplined 
        offenders and achieved justice.
            (14) The limited presence of protection officers and other 
        trained managerial staff of the United Nations High 
        Commissioner for Refugees in camps, especially at night, 
        exacerbates the vulnerability of women and children to abuse 
        by, in particular, fellow camp residents and nearby local 
        residents.
            (15) In some circumstances, humanitarian agencies have 
        failed to make women and children aware of their rights to 
        protection and assistance, to give them access to effective 
        channels of redress, and to make humanitarian workers aware of 
        their duty to respect these rights and provide adequate 
        assistance.
    (b) Purposes.--The purposes of this title are--
            (1) to ensure that the United States Government has 
        adequate capabilities to support programs that provide for the 
        protection of civilians, especially women and children, who are 
        affected by conflict; and
            (2) to build the capacities of United States Government 
        agencies, multilateral institutions, international 
        nongovernmental organizations, local nongovernmental 
        organizations, and local communities to prevent and respond 
        effectively to gender-based violence and exploitation of 
        children that occur during a complex humanitarian emergency.

SEC. 402. REQUIREMENT TO DEVELOP INTEGRATED STRATEGY.

    (a) Requirement.--The Secretary of State shall, in consultation 
with the Administrator, develop an integrated strategy for the 
protection of women and children who are internally displaced, made 
refugees, or otherwise affected by a complex humanitarian emergency.
    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Secretary shall submit to the appropriate congressional 
committees a report outlining the strategy described in subsection (a).
    (c) Content.--The report required by subsection (b) shall include--
            (1) an assessment of the specific needs of, and particular 
        threats to, women and children at the various stages of a 
        complex humanitarian emergency, especially at the onset of such 
        emergency;
            (2) a description of which agencies and offices of the 
        United States Government are responsible for addressing each 
        aspect of such needs and threats;
            (3) an evaluation of the needs and threats that are being 
        adequately addressed and funded, and those which require 
        additional attention or resources;
            (4) a set of guidelines and recommendations for improving 
        United States and international systems for the protection of 
        women and children during a complex humanitarian emergency; and
            (5) a mechanism for coordinating and overseeing United 
        States efforts to prevent and respond to gender-based violence 
        and exploitation of children that occurs during a complex 
        humanitarian emergency.

SEC. 403. EARLY WARNING AND EARLY ACTION SYSTEMS.

    (a) Preventive Actions.--The Special Coordinator appointed pursuant 
to section 402(a) of the Foreign Assistance Act of 1961 (as added by 
section 112 of this Act) (or, if such Coordinator is not appointed 
pursuant to such section, the Administrator of the United States Agency 
for International Development) shall--
            (1) maintain a database of information related to 
        occurrences of gender-based violence or exploitation of 
        children during a complex humanitarian emergency;
            (2) develop, based on the information contained in the 
        database required by paragraph (1) and other research--
                    (A) a list of early warning signs that indicate 
                there is a likelihood that gender-based violence or 
                exploitation of children will occur during a complex 
                humanitarian emergency; and
                    (B) a list, that is updated regularly, of countries 
                or regions where there is an increased risk of gender-
                based violence or exploitation of children due to a 
                complex humanitarian emergency to enhance the 
                preparedness of the United States Government or 
                organizations funded by the United States Government to 
                respond to such an emergency;
            (3) disseminate to United States embassies and consular 
        posts the lists described in subparagraphs (A) and (B) of 
        paragraph (2);
            (4) assist embassies and consular posts in responding to an 
        increased risk of gender-based violence or exploitation of 
        children that may occur during a complex humanitarian 
        emergency;
            (5) develop a procedure for nongovernmental organizations 
        to report evidence of gender-based violence and exploitation of 
        children, during a complex humanitarian emergency to ensure 
        appropriate response by United States officials; and
            (6) establish a reporting and monitoring system for United 
        States diplomatic missions and consular posts and missions of 
        the United States Agency for International Development to 
        collect and submit to the Special Coordinator or Administrator, 
        as appropriate, standardized data on evidence that women and 
        children are being targeted for or are at increased risk of 
        violence or exploitation in complex humanitarian emergencies.
    (b) Reporting and Monitoring.--Not later than 30 days after a 
country or region is placed on a list maintained under subsection 
(a)(1), each United States diplomatic mission and consular post located 
in such country or region shall submit to the Special Coordinator or 
Administrator, as appropriate, a description of the measures undertaken 
by such mission or post for the protection of women and children in the 
event of a complex humanitarian emergency.
    (c) Dissemination of Information.--The Special Coordinator or 
Administrator, as appropriate, shall make available to the public, 
including to nongovernmental organizations located in areas where there 
is an increased risk of gender-based violence or exploitation of 
children, the information, procedures, systems, and measures described 
in subsections (a) and (b).

SEC. 404. WHISTLEBLOWER SYSTEM.

    (a) Design of Model System.--The Secretary of State should urge the 
United Nations High Commissioner for Refugees to work with 
nongovernmental organizations to design and implement a model 
``whistleblower'' system under which humanitarian workers, refugees, 
and internally displaced persons can report instances of gender-based 
violence or exploitation of children. Such a system should ensure 
that--
            (1) reports of instances of gender-based violence or 
        exploitation of children may be made confidentially and without 
        risk of retribution;
            (2) such reports are swiftly and thoroughly investigated 
        and adjudicated; and
            (3) appropriate disciplinary action is taken against a 
        person found to have committed an act of gender-based violence 
        or exploited a child.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to the appropriate congressional 
committees a report on progress that has been made toward designing and 
implementing the model whistleblower system described in subsection 
(a).

SEC. 405. CODE OF CONDUCT FOR NONGOVERNMENTAL ORGANIZATIONS THAT 
              PROVIDE ASSISTANCE TO REFUGEES OR INTERNALLY DISPLACED 
              PERSONS.

    (a) Limitation on Assistance.--None of the funds made available to 
carry out this Act, any amendment made by this Act, or any other 
provision of law for the purposes of the provision of assistance to 
refugees or internally displaced persons may be provided to a 
nongovernmental organization that has failed to adopt a code of conduct 
regarding the protection of beneficiaries of humanitarian assistance 
that incorporates the core principles described in subsection (c).
    (b) Termination of Certain Grants, Contracts and Cooperative 
Agreements.--The President shall ensure that any grant, contract, or 
cooperative agreement provided or entered into by a Federal department 
or agency which is subject to the limitation contained in subsection 
(a) shall include a condition that authorizes the department or agency 
to terminate the grant, contract, or cooperative agreement, as the case 
may be, without penalty, if the grantee or any subgrantee, or the 
contractor or any subcontractor, violates the code of conduct regarding 
the protection of beneficiaries of humanitarian assistance that 
incorporates the core principles described in subsection (c).
    (c) Core Principles.--The core principles referred to in subsection 
(a) are the following:
            (1) Sexual exploitation and abuse by humanitarian workers 
        constitute acts of gross misconduct and are therefore grounds 
        for termination of employment.
            (2) Sexual activity with children is prohibited regardless 
        of the age of majority or age of consent locally. Mistaken 
        belief regarding the age of a child is not a defense.
            (3) Exchange of money, employment, goods, or services for 
        sex, including sexual favors or other forms of humiliating, 
        degrading, or exploitative behavior, is prohibited, including 
        exchange of assistance that is due to beneficiaries.
            (4) Sexual relationships between the providers and 
        beneficiaries of humanitarian assistance are strongly 
        discouraged since they are based on inherently unequal power 
        dynamics. Such relationships undermine the credibility and 
        integrity of humanitarian assistance work.
            (5) Whenever a humanitarian assistance worker develops 
        concerns or suspicions regarding sexual abuse or exploitation 
        by a fellow worker, whether in the same agency or not, the 
        worker must report such concerns through established agency 
        reporting mechanisms.
            (6) Humanitarian assistance agencies are obliged to create 
        and maintain an environment that prevents sexual exploitation 
        and abuse and promotes the implementation of their code of 
        conduct. Managers at all levels have particular 
        responsibilities to support and develop systems that maintain 
        this environment.

SEC. 406. REVIEW OF OPERATIONS AT REFUGEE AND DISPLACED PERSONS CAMPS.

    It is the sense of Congress that all United States Government 
agencies, nongovernmental organizations, and multilateral organizations 
that are implementing United States humanitarian assistance programs 
should conduct a thorough review of their administrative, management, 
and employment practices at refugee and displaced persons camps for the 
purposes of--
            (1) significantly increasing the number of women involved 
        in the distribution of food and humanitarian supplies;
            (2) expanding opportunities for women to generate 
        legitimate income in the camps, including through employment in 
        the camps;
            (3) educating providers and beneficiaries of humanitarian 
        assistance about the seriousness of gender-based violence and 
        exploitation of children;
            (4) improving expatriate supervision and monitoring of 
        daily operations in the camps;
            (5) improving the design and logistics of camps to create a 
        safer and more secure environment for women and children, 
        including through consultation with female camp residents;
            (6) keeping formal and detailed records, including 
        photographs, of locally hired staff, and ensuring that they are 
        adequately paid and trained;
            (7) providing training for humanitarian assistance workers 
        on their obligations and responsibilities under a code of 
        conduct;
            (8) developing systems of accountability to deter and 
        punish gender-based violence, exploitation of children, and 
        other protection violations including through identification of 
        procedures for reporting and investigating allegations of abuse 
        that protect the safety and confidentiality of the survivors; 
        and
            (9) ensuring that applicants for jobs in camps are screened 
        to prevent individuals who may have been involved in protection 
        violations from being hired by camp authorities.

SEC. 407. INTERNATIONAL MILITARY EDUCATION AND TRAINING.

    Section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) 
is amended in the second sentence--
            (1) by striking ``or (iv)'' and inserting ``(iv)''; and
            (2) by adding at the end before the period the following: 
        ``, or (v) improve the protection of civilians, especially 
        women and children who are affected by armed conflict, 
        including those women and children who, as a result of an armed 
        conflict, are refugees or displaced persons.''.
                                 <all>