[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.''.
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