[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.


_______________________________________________________________________


                   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

_______________________________________________________________________

                                 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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