[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1001 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1001
To make the protection of women and children who are affected by a
complex humanitarian emergency a priority of the United States
Government, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
May 6, 2003
Mr. Biden (for himself, Mr. McCain, Mrs. Feinstein, Mr. Dodd, Mr.
Kerry, Mrs. Clinton, and Ms. Mikulski) introduced the following
bill; which was read twice and referred to the Committee on
Foreign RelationsYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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A BILL
To make the protection of women and children who are affected by a
complex humanitarian emergency a priority of the United States
Government, 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.
This Act may be cited as the ``Women and Children in Conflict
Protection Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--PROGRAM AND POLICY COORDINATION
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Requirement to develop integrated strategy.
Sec. 104. Designation of Coordinator.
TITLE II--PREVENTION AND PREPAREDNESS
Sec. 201. Findings.
Sec. 202. Early warning and early action systems.
TITLE III--SECURITY FOR REFUGEE AND INTERNALLY DISPLACED WOMEN AND
CHILDREN
Sec. 301. Findings.
Sec. 302. Codes of conduct.
Sec. 303. Sense of Congress regarding administration practices in camps
for refugees and displaced persons.
Sec. 304. Health services for refugees and displaced persons.
Sec. 305. Whistleblower system.
Sec. 306. Women's economic self-sufficiency.
Sec. 307. International military education and training.
Sec. 308. Protection initiatives.
Sec. 309. Accountability.
TITLE IV--POSTCONFLICT RECONSTRUCTION AND REHABILITATION
Sec. 401. Findings.
Sec. 402. Support for communities and former combatants.
Sec. 403. Police reform and accountability.
Sec. 404. Sense of Congress regarding the improvement of United Nations
peacekeeping operations.
TITLE V--WOMEN AND CHILDREN'S PROTECTION ASSISTANCE
Sec. 501. Women and children's protection assistance.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Children.--The term ``children'' means persons under
the age of 18 years.
(3) Complex humanitarian emergency.--The term ``complex
humanitarian emergency'' means a situation that--
(A) occurs outside the United States and results in
a significant number of--
(i) refugees;
(ii) internally displaced persons; or
(iii) other civilians requiring basic
humanitarian assistance on an urgent basis; and
(B) is caused by one or more situations including--
(i) armed conflict;
(ii) natural disaster;
(iii) significant food shortage; or
(iv) state-sponsored harassment or
persecution.
(4) Coordinator.--The term ``coordinator'' means an
individual designated by the Secretary under section 104(a).
(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) Former combatant.--The term ``former combatant'' means
a woman or child who was a member of or affiliated with an
armed group, including serving as a cook, a porter, or a
messenger, or in a domestic or sexual capacity or in any other
support role, whether or not the woman or child consented to
such participation.
(7) 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 and 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.
(8) HIV.--The term ``HIV'' means the human immunodeficiency
virus, the virus that causes the acquired immune deficiency
syndrome (AIDS).
(9) Inter-agency standing committee.--The term ``Inter-
Agency Standing Committee'' means the Inter-Agency Standing
Committee established in response to United Nations General
Assembly Resolution 46/182 of December 19, 1991.
(10) 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.
(11) Secretary.--The term ``Secretary'' means the Secretary
of State.
(12) 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).
(13) Trafficking in persons.--The term ``trafficking in
persons'' has the meaning given the term ``severe forms of
trafficking in persons'' in section 103 of Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(14) 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.
TITLE I--PROGRAM AND POLICY COORDINATION
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) The nature of war has changed dramatically in recent
decades, putting women and children at greater risk of death,
disease, displacement, and exploitation.
(2) Civilians, particularly women and children, account for
the vast majority of those adversely affected by complex
humanitarian emergencies, including as refugees and internally
displaced persons, and increasingly 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.
(3) Traditionally, humanitarian response has focused on
providing food, medical care, and shelter needs, while placing
less emphasis on the safety and security of those affected by a
complex humanitarian emergency.
(4) Few well-coordinated efforts exist to prevent and
respond to violence against women and children when they are
refugees or internally displaced persons.
(5) While the United Nations High Commissioner for Refugees
and the Department of State are charged with protecting
refugees, there is no United States Government agency or
international body with a clear mandate to protect internally
displaced persons and those at risk of displacement as a result
of a complex humanitarian emergency.
(6) There is a substantial need for the protection of women
and children to be given a high priority during all complex
humanitarian emergencies.
SEC. 102. PURPOSES.
The purposes of this Act are--
(1) to ensure that the United States Government has
adequate capabilities to support programs that provide for the
protection of women and children who are affected by a complex
humanitarian emergency;
(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;
and
(3) to provide increased funding for the protection of
women and children affected by a complex humanitarian
emergency.
SEC. 103. REQUIREMENT TO DEVELOP INTEGRATED STRATEGY.
(a) Requirement.--The Secretary shall, in consultation with the
Administrator of the United States Agency for International
Development, 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. 104. DESIGNATION OF COORDINATOR.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall designate one or more senior-level
officials of the Department of State or the United States Agency for
International Development as a coordinator or coordinators, as the case
may be, to be responsible for the oversight and coordination of United
States Government efforts to provide protection to women and children
who are affected by a complex humanitarian emergency.
(b) Duties.--A coordinator designated under subsection (a) shall--
(1) coordinate the actions taken to carry out the purposes
of this Act, as described in section 102;
(2) be responsible for the oversight and coordination of
United States Government efforts to protect women and children
who are affected by a complex humanitarian emergency; and
(3) provide United States embassies and consular posts with
mechanisms to warn relief agencies of an impending complex
humanitarian emergency.
(c) Notification.--Not later than 5 days after designating an
official as a coordinator under subsection (a), the Secretary shall
submit the name of such official to the appropriate congressional
committees.
TITLE II--PREVENTION AND PREPAREDNESS
SEC. 201. FINDINGS.
Congress makes the following findings:
(1) The percentage of civilians killed and wounded as a
result of hostilities has risen from 5 percent of all
casualties at the turn of the 19th century to 65 percent during
World War II and to 90 percent in more recent hostilities.
Women and children comprise the majority of civilian deaths and
the majority of all refugees from hostilities.
(2) In the last decade alone, more than 2,000,000 children
have been killed during wars, while more than 4,000,000 have
survived physical mutilation, and more than 1,000,000 have been
orphaned or separated from their families as a result of war.
(3) 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 aid.
(4) 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.
(5) The use of rape, particularly against women and girls,
is an increasingly common tactic in modern war.
(6) The international community has a responsibility
pursuant to the Protocol Relating to the Status of Refugees
done at New York October 4, 1967 (19 UST 6223), the Convention
Relating to the Status of Refugees done at Geneva July 28,
1951, and the Convention Relative to the Protection of Civilian
Persons in Time of War done at Geneva August 12, 1949 (6 UST
3516), to take preventive action that would improve
preparedness and reduce the vulnerability of women and children
to violence and exploitation.
SEC. 202. EARLY WARNING AND EARLY ACTION SYSTEMS.
(a) Preventive Actions.--Each coordinator shall--
(1) maintain a data base 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 coordinator 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 appropriate coordinator 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.--A coordinator 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).
TITLE III--SECURITY FOR REFUGEE AND INTERNALLY DISPLACED WOMEN AND
CHILDREN
SEC. 301. FINDINGS.
Congress makes the following findings:
(1) Almost one-half of the world's estimated 37,500,000
refugees and internally displaced persons are children.
(2) 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.
(3) Refugee women and girls 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.
(4) 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.
(5) 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.
(6) 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 to disciplined offenders and
achieved justice.
(7) 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.
(8) 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.
(9) The Inter-Agency Standing Committee has identified
standards of behavior applicable to all of its personnel and is
implementing a plan of action related to protection from sexual
exploitation and abuse to strengthen mechanisms for protecting
those who depend on international aid.
SEC. 302. CODES OF CONDUCT.
(a) Limitation on Assistance.--None of the funds made available by
the Department of State through the Migration and Refugee Assistance
account or the Emergency Refugee and Migration Assistance account or by
any provision of law for the purposes of the provision of assistance to
refugees or internally displaced persons may be provided to an
organization that has failed to adopt a code of conduct regarding the
protection of beneficiaries of humanitarian assistance that
incorporates the 6 core principles recommended by the Inter-Agency
Standing Committee, as described in subsection (b).
(b) Core Principles.--The 6 core principles for the protection of
beneficiaries are as follows:
(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 persons under the age of 18 years
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. This
includes 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. 303. SENSE OF CONGRESS REGARDING ADMINISTRATION PRACTICES IN CAMPS
FOR REFUGEES AND DISPLACED PERSONS.
It is the sense of Congress that all agencies, including
multilateral and nongovernmental agencies, implementing United States
humanitarian assistance programs should conduct a thorough review of
their administrative, management, and employment practices in 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. 304. HEALTH SERVICES FOR REFUGEES AND DISPLACED PERSONS.
(a) Findings.--Congress makes the following findings:
(1) Complex humanitarian emergencies result in particular
risks for women and girls.
(2) Refugee and displaced women 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 posttraumatic 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 an emergency, the
period when such activities and supplies are most needed and
may be most effective.
(b) Provision of Health Services.--
(1) Requirements.--Each coordinator shall--
(A) ensure that organizations funded by the United
States that respond to a complex humanitarian emergency
have the resources necessary to address the specific
health needs of women affected by the emergency; and
(B) identify an organization or individual to
facilitate the coordination and implementation of the
activities needed to respond to the health needs of
women as soon as practicable and not later than 30 days
after the development of a complex humanitarian
emergency.
(2) Activities defined.--The activities referred to in
paragraph (1)(B) include activities to--
(A) prevent and manage the consequences of sexual
violence;
(B) reduce transmission of HIV;
(C) provide obstetric care; and
(D) draft a plan to integrate women's health
services into the primary health care services provided
during a complex humanitarian emergency, including--
(i) collection of background data on
maternal, infant and child mortality, and the
rate of HIV infection;
(ii) identification of suitable sites for
future delivery of women's health services by
addressing security problems, accessibility for
all potential users, privacy and
confidentiality during visits, easy access to
water and sanitation, appropriate space for
users' waiting time, and aseptic conditions;
(iii) an assessment of the staff capacity
to provide women's health services; and
(iv) a plan for staff training.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $12,000,000 for fiscal year 2004, and $14,000,000 for
fiscal year 2005, to carry out subsection (b). The amounts authorized
to be appropriated in this subsection are in addition to amounts
appropriated for such fiscal years to the Department of State for the
Migration and Refugee Assistance account, the Emergency Refugee and
Migration Assistance account, or the International Disaster Assistance
account.
SEC. 305. WHISTLEBLOWER SYSTEM.
(a) Design of Model System.--The Secretary 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 a report to the appropriate
congressional committees on progress that has been made toward
designing and implementing the model whistleblower system described in
subsection (a).
SEC. 306. WOMEN'S ECONOMIC SELF-SUFFICIENCY.
(a) Findings.--Congress makes the following findings:
(1) It is often difficult to determine when it is safe for
women and children to return to a community affected by a
complex humanitarian emergency, and in many instances the
affected women and children remain refugees or internally
displaced for considerable periods of time.
(2) To reduce vulnerability to exploitation and abuse,
women who are uprooted from their communities must be given
legitimate opportunities to generate income to support
themselves and their families.
(3) In situations of long-term displacement, humanitarian
and development agencies should provide legal assistance,
technical and vocational training, and access to credit for
women, so they can earn a safe and lawful livelihood.
(b) Work Permits.--The Department of State should work with host
governments, the United Nations High Commissioner for Refugees, and
other appropriate United Nations agencies to ensure that, in situations
of long-term displacement, refugees and internally displaced persons
are granted work permits and other necessary documentation by the host
government and local authorities to enable them to generate legitimate
income.
(c) Amendments to Microenterprise Act of 2000.--Section 102 of the
Microenterprise for Self-Reliance Act of 2000 (22 U.S.C. 2151f note) is
amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (B), (C), and
(D) and subparagraphs (C), (D), and (E), respectively;
and
(B) by inserting after subparagraph (A) the
following:
``(B) Women displaced by armed conflict are particularly at
risk, lacking access to traditional livelihoods and means for
generating income.''; and
(2) in paragraph (13)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Particular efforts should be made to expand the
availability of microcredit programs to internally displaced
persons, who historically have not had access to such
programs.''.
(d) Amendments to the Foreign Assistance Act.--Chapter 1 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended--
(1) in section 108 (22 U.S.C. 2151f)--
(A) in subsection (b)(3), by inserting after
``microentrepeneurs'' the following: ``, with an
emphasis on women microentrepeneurs,''; and
(B) by adding at the end the following new
subsection:
``(g) Reporting Requirement.--The Administrator of the agency
primarily responsible for administering this part, as part of the
annual congressional presentation documents of the agency, shall submit
to Congress a report that contains--
``(1) an estimate of the number of women living below the
national poverty line that have secured loans or received
training through the programs described in this Act;
``(2) the percentage of women borrowers in programs funded
by the agency under this Act;
``(3) the percentage of the total loan funds disbursed by
the agency under this Act that were made available to women
borrowers; and
``(4) a discussion of the impact that such loans have had
on the economic status of such women.''; and
(2) in section 131 (22 U.S.C. 2151a)--
(A) in subsection (b)(1)(D), by inserting before
the period at the end the following: ``, including
programs to eliminate legal and institutional barriers
to women's ownership of assets, access to credit, and
engagement in business activities within or outside of
the home'';
(B) in subsection (b)(2)(C), by inserting before
the period at the end the following: ``, including
women's organizations''; and
(C) in subsection (c)--
(i) by redesignating paragraphs (1), (2),
(3), and (4) as subparagraphs (A), (B), (C),
and (D), respectively, and realigning such
subparagraphs, as so redesignated, four ems
from the left margin;
(ii) by striking ``In order'' and inserting
the following:
``(1) Establishment.--In order'';
(iii) in subparagraph (D), as redesignated
by clause (i), by striking ``paragraph (3)''
and inserting ``subparagraph (C)''; and
(iv) by adding at the end the following new
paragraph:
``(2) Disaggregation.--All goals, indicators, analyses, and
recommendations required by this section shall be disaggregated
by sex.''.
(e) Microfinance Grants.--
(1) In general.--Of the funds made available for the
Department of State under section 135(b)(2) of the Foreign
Assistance Act of 1961 (as added by section 501 of this Act),
$1,500,000 may be made available to provide grant assistance--
(A) to microfinance institutions for the purpose of
expanding the availability of credit, savings,
training, technical assistance, business development
services, and other financial services to very poor
entrepreneurs, as defined in section 131(b)(3) of the
Foreign Assistance Act of 1961, who are refugees; and
(B) for policy and regulatory programs at the
country level that improve the environment for
microenterprise among refugee populations.
(2) Grant providers.--Assistance described in paragraph (1)
shall be provided through United States and indigenous private
and voluntary organizations, credit unions, cooperatives, and
other nongovernmental organizations with a capacity to develop
and implement microenterprise programs.
SEC. 307. INTERNATIONAL MILITARY EDUCATION AND TRAINING.
Section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347)
is amended--
(1) by striking ``or (iv)'' and inserting ``(iv)''; and
(2) by striking ``rights.'' and inserting ``rights, or (v)
improve the protection of civilians, especially women and
children who are affected by armed conflict, including those
who, as a result of an armed conflict, are refugees or
displaced persons.''.
SEC. 308. PROTECTION INITIATIVES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary and the Administrator of the United
States Agency for International Development should continue to
develop protection initiatives that support nongovernmental
organizations and multilateral institutions in identifying
protection problems associated with complex humanitarian
emergencies and strategies for prevention of gender-based
violence and exploitation of children and accountability during
a complex humanitarian emergency, including--
(A) training of field workers on identifying and
responding to gender-based violence and the
exploitation of children;
(B) support for the rapid deployment of personnel
trained to identify protection needs to areas affected
by complex humanitarian emergencies;
(C) support for registration initiatives which
document refugees and internally displaced persons for
purposes including the provision of assistance to such
persons and of family reunification; and
(D) support for programs that provide assistance to
women who were displaced due to a complex humanitarian
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; and
(2) the United Nations High Commissioner for Refugees
should review--
(A) its placement practices to ensure that--
(i) senior protection officials are
assigned to the posts where women and children
are in the most danger of gender-based violence
or exploitation;
(ii) experienced protection officers are
present at border crossings; and
(iii) more female staff are present in
camps for refugees or displaced persons; and
(B) its personnel system to facilitate the hiring
of successful junior professional officers on a
permanent basis following their initial tours of duty.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall report to the appropriate congressional
committees any steps taken to develop the protection initiatives
described in subsection (a).
SEC. 309. ACCOUNTABILITY.
(a) Required Actions.--Each coordinator shall--
(1) report allegations of gender-based violence,
exploitation of children, and other protection violations to
the Inter-Agency Standing Committee for appropriate response;
and
(2) request an annual report from the United Nations High
Commissioner for Refugees on the actions taken by the High
Commissioner to prevent gender-based violence, exploitation of
children, and other protection violations.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, and annually thereafter, the Secretary shall transmit to the
appropriate congressional committees the report described in paragraph
(2) of subsection (a).
TITLE IV--POSTCONFLICT RECONSTRUCTION AND REHABILITATION
SEC. 401. FINDINGS.
Congress makes the following findings and statements of policy:
(1) The United Nations Security Council Resolution 1325 of
October 31, 2000, called on all actors involved in the
negotiation and implementation of peace agreements to address
the specific needs of women and girls during and after armed
conflicts.
(2) Women and children can play an important role in the
prevention and resolution of armed conflicts and in peace-
building.
(3) Despite positive roles of women in fostering peace,
they are excluded from most peace negotiations at the
diplomatic and operational level.
(4) Effective institutional arrangements designed to ensure
the protection and full participation of women and youth in the
peace process, including peacekeeping as well as peace-
building, can significantly contribute to the maintenance and
promotion of international peace and security.
(5) Rape should receive special attention by war crimes
tribunals, truth and reconciliation panels, and other organs of
justice.
(6) Assistance that is linked to peace processes should
support and strengthen women's roles as economic leaders and
assist women in accessing the global marketplace.
(7) Women must be afforded an equal role in decisionmaking
to ensure that their interests are represented at all levels of
government.
SEC. 402. SUPPORT FOR COMMUNITIES AND FORMER COMBATANTS.
(a) Requirement for Programs.--The Secretary, in conjunction with
the Administrator for the United States Agency for International
Development, shall develop and implement specific programs to provide
assistance to communities that have been affected by a complex
humanitarian emergency and to former combatants, including:
(1) Economic development.--Multi-year economic development
programs that are intended to provide gender-balanced benefits
and to assist female heads of households.
(2) Productive assets.--Programs to increase access to or
ownership of productive assets such as land, agricultural
equipment, and credit by women.
(3) Education and training.--Education and training
programs that are integrated with economic development programs
to encourage the reintegration of former combatants into
society and to promote post-conflict stability in affected
communities.
(4) Extension of education and training.--Programs to
extend education and training, including training in business
development, to women and girls.
(5) Political empowerment.--Programs to politically empower
women, including training to assist women and women's
organizations in understanding legal systems, electoral
processes, legislation advocacy, and the role of the media,
public affairs and information technology in politics, and in
obtaining leadership positions.
(b) Programs of the International Bank for Reconstruction and
Development.--The United States Executive Director of the International
Bank for Reconstruction and Development shall work to ensure that
disarmament, demobilization, and reintegration programs developed and
funded by the International Bank for Reconstruction and Development
provide benefits to former combatants that are comparable to the
benefits provided by such programs to other individuals.
SEC. 403. POLICE REFORM AND ACCOUNTABILITY.
(a) Findings.--Congress makes the following findings:
(1) In many developing and postconflict countries, police
and military forces continue to function as instruments of
repression, coercion, and centralized power, even after a
transition to democracy has begun.
(2) In order for a transitional, postconflict society to
become stable and democratic, it is necessary for the
government of such society to make a clear separation between
police and military functions, and clearly define the military
forces that are subject to civilian, democratic control, and
the point at which police forces become accountable,
representative service-providers to local communities.
(3) Police officers in developing and postconflict
countries are often paid minimal salaries and receive little or
improper training, resulting in widespread police corruption
and citizens viewing the police as an obstacle to justice
rather than the enforcer of justice.
(4) Successful professionalization and democratic reform of
police forces requires not only adequate financial resources,
but also concurrent strengthening of the rule of law and system
of justice, transparency, and cooperation with local community
and human rights organizations, removal of corrupt and abusive
personnel, and political will for meaningful reform at the
highest levels of government.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall submit a report to the appropriate
congressional committees on all current programs to assist nations to
reconstitute civilian police authority and capability following a
complex humanitarian emergency, including ensuring the enforcement of
laws that are designed to protect women and children and improve
accountability for gender-based violence.
SEC. 404. SENSE OF CONGRESS REGARDING THE IMPROVEMENT OF UNITED NATIONS
PEACEKEEPING OPERATIONS.
It is the sense of Congress that the United Nations Department of
Peacekeeping Operations should--
(1) ensure that gender issues are mainstreamed into its
peacekeeping missions, including by establishing a senior
gender advisor post within the Department of Peacekeeping
Operations which reports directly to the Under Secretary
General for Peacekeeping Operations;
(2) provide military, police, and civilian personnel
deployed to areas where women and children are at risk of
gender-based violence or exploitation with training materials
that--
(A) assist such personnel with protecting and
addressing the particular needs of women and children;
and
(B) were developed in consultation with women's
organizations; and
(3) ensure that the Special Representative of the Secretary
General of the peacekeeping mission has direct contact with
local women leaders or women's organizations in the area in
which the peacekeepers are deployed for the purpose of
obtaining information regarding gender-based violence or
exploitation of children.
TITLE V--WOMEN AND CHILDREN'S PROTECTION ASSISTANCE
SEC. 501. WOMEN AND CHILDREN'S PROTECTION ASSISTANCE.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following new
section:
``SEC. 135. WOMEN AND CHILDREN'S PROTECTION ASSISTANCE.
``(a) Authority.--Notwithstanding any other provision of law, and
subject to the limitations of subsection (b), the President is
authorized to provide assistance for programs, projects, and activities
to promote the security of, provide equal access to basic services for,
and safeguard the human rights and dignity of civilian women and
children who are refugees, displaced persons, or living in areas
affected by a complex humanitarian emergency. Such assistance shall
include programs--
``(1) to build the capacity of nongovernmental
organizations to protect women and children during a complex
humanitarian emergency, by training staff, incorporating cross-
sectored initiatives that promote child protection, collecting
and analyzing data, developing curricula, designing field
programs, and building local partnerships;
``(2) to support local and international nongovernmental
initiatives to prevent, detect, and report exploitation of
children and gender-based violence, including through the
provision of training humanitarian protection monitors for
refugees and internally displaced persons;
``(3) to conduct protection and security assessments for
refugees and internally displaced persons in camps or in
communities, with special emphasis on the security of women and
children for the purposes of improving the design and security
of camps for refugees and internally displaced persons,
including provision for lights, fences, radios, and other
logistics and durable goods;
``(4) to provide, when practicable, education during a
complex humanitarian emergency, including primary, secondary,
remedial, and accelerated education, vocational and technical
training, health and safety awareness, and other structured
activities that create safe spaces for children and
adolescents, especially for girls;
``(5) to reintegrate and rehabilitate former combatants and
survivors of gender-based violence, including through remedial
and accelerated education, technical, and vocational training,
psychosocial assistance and trauma counseling, family and
community reinsertion, medical assistance, and strengthening
community systems to support sustained reintegration;
``(6) to establish registries and clearinghouses to trace
relatives and begin family reunification, with a specific focus
on helping children find their families;
``(7) to provide interim care and placement for separated
children and orphans, including monitoring and followup
services;
``(8) to provide legal services for survivors of rape,
torture, and other forms of gender-based violence, including
the collection of evidence for war crimes tribunals and
advocacy for legal reform; and
``(9) to provide training in human rights and humanitarian
law, particularly as they relate to the protection of women and
children, to local law enforcement personnel in areas of high
concentration of refugees and internally displaced persons.
``(b) Complex Humanitarian Emergency Defined.--In this section, the
term `complex humanitarian emergency' means a situation that--
``(1) occurs outside the United States and results in a
significant number of--
``(A) refugees;
``(B) internally displaced persons; or
``(C) other civilians requiring basic humanitarian
assistance on an urgent basis; and
``(2) is caused by one or more situations including--
``(A) armed conflict;
``(B) natural disaster;
``(C) significant food shortage; or
``(D) state-sponsored harassment or persecution.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the President $45,000,000 for each of fiscal years 2004 and
2005 to carry out this section.
``(2) Allocation of funds.--Of the amounts authorized to be
appropriated under paragraph (1), in each fiscal year,
$25,000,000 shall be administered by the United States Agency
for International Development and $20,000,000 shall be
administered by the Department of State.
``(3) Limitation.--Of the amounts authorized to be
appropriated under paragraph (1)--
``(A) not more than $2,000,000 shall be made
available in a fiscal year for the programs described
in subsection (a)(5); and
``(B) not more than $2,000,000 may be transferred
in each fiscal year to the Department of Justice to
provide training for foreign law enforcement personnel
in the investigation and prosecution of gender-based
violence and exploitation of children.
``(4) Relation to existing law.--The authority provided by
subsection (a) shall be subject to the limitations and
prohibitions contained in section 104(f).
``(5) Additional funds.--Amounts authorized to be
appropriated by this section shall be made available, in
addition to funds otherwise made available under this part, to
the Department of State for the Migration and Refugee
Assistance account or the Emergency Refugee and Migration
Assistance account, or to the United States Agency for
International Development for the International Disaster
Assistance account.
``(6) Competitive grants.--Amounts authorized to be
appropriated by this section shall be made available in the
form of grants and cooperative agreements that are issued on an
open and competitive basis.
``(7) Availability of funds.--Amounts appropriated pursuant
to this section are authorized to remain available until
expended.''.
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