[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 559 Reported in Senate (RS)]







                                                       Calendar No. 453
109th CONGRESS
  2d Session
                                 S. 559

To make the protection of vulnerable populations, especially women and 
 children, who are affected by a humanitarian emergency a priority of 
         the United States Government, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2005

Mr. Biden (for himself, Mr. Lugar, Mr. Durbin, Ms. Mikulski, Mr. Hagel, 
    Mr. Johnson, Mr. Lautenberg, Mrs. Feinstein, Ms. Landrieu, Mr. 
Feingold, Mr. Dorgan, and Ms. Cantwell) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

                              May 25, 2006

                 Reported by Mr. Lugar, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To make the protection of vulnerable populations, especially women and 
 children, who are affected by a 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 ``Protection of Vulnerable Populations 
During Humanitarian Emergencies Act of 2005''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Findings.
                TITLE I--PROGRAM AND POLICY COORDINATION

Sec. 101. Requirement to develop integrated strategy.
Sec. 102. Designation of coordinator.
                 TITLE II--PREVENTION AND PREPAREDNESS

Sec. 201. Reporting and monitoring systems.
Sec. 202. Protection training and expertise.
   TITLE III--PROTECTION OF REFUGEES AND INTERNALLY DISPLACED PERSONS

Sec. 301. Codes of conduct.
Sec. 302. Health services for refugees and displaced persons.
Sec. 303. Economic self-sufficiency of vulnerable populations affected 
                            by a humanitarian emergency.
Sec. 304. International military education and training.
Sec. 305. Sense of Congress regarding actions of United Nations 
                            peacekeepers.
     TITLE IV--PROTECTION OF VULNERABLE POPULATIONS AFFECTED BY A 
                         HUMANITARIAN EMERGENCY

Sec. 401. Report regarding programs to protect vulnerable populations.
Sec. 402. Protection assistance.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``Agency'' means the United States 
        Agency for International Development.
            (2) 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.
            (3) Children.--The term ``children'' means persons under 
        the age of 18 years.
            (4) Coordinator.--The term ``coordinator'' means the 
        individual designated by the Secretary under section 102(a).
            (5) Department.--The term ``Department'' means the 
        Department of State.
            (6) Exploitation of children.--The term ``exploitation of 
        children'' includes--
                    (A) adult sexual activity with children;
                    (B) kidnapping or forcibly separating children from 
                their families;
                    (C) <DELETED>subjecting children to</DELETED> 
                forced 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.
            (7) HIV.--The term ``HIV'' means the human immunodeficiency 
        virus, the virus that causes the acquired immune deficiency 
        syndrome (AIDS).
            (8) Humanitarian emergency.--The term ``humanitarian 
        emergency'' means a situation in which, due to a natural or 
        manmade disaster, civilians, including refugees and internally 
        displaced persons, require basic humanitarian assistance.
            (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'' means all 
        appropriate measures to provide the physical and psychological 
        security of, provide equal access to basic services for, and 
        safeguard the legal and human rights of, individuals.
            (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(9) of Trafficking Victims 
        Protection Act of 2000 <DELETED>(22 U.S.C. 7102)</DELETED> 
        (22U.S.C. 7102(9)).
            (13) Sexual exploitation and abuse.--The term ``sexual 
        exploitation and abuse'' means causing harm to a person 
        through--
                    (A) rape;
                    (B) sexual assault or torture;
                    (C) sex trafficking and severe forms of trafficking 
                in persons;
                    (D) demands for sex in exchange for employment, 
                goods, services, or protection; and
                    (E) other forms of sexual violence.
        <DELETED>    (14) 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).</DELETED>
            (14) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the meaning 
        given in section 103(8) of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7102(8)).
            (15) Vulnerable populations.--The term ``vulnerable 
        populations'' means those people, such as women, children, the 
        disabled, and the elderly, who by virtue of their status are at 
        a disadvantage in obtaining or accessing goods and services.

SEC. 4. FINDINGS.

    Congress makes the following findings:
            (1) The nature of war has changed dramatically in recent 
        decades, putting civilians, especially women and children, at 
        greater risk of death, disease, displacement, and exploitation.
            (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) The use of rape, particularly against women and girls, 
        is an increasingly common tactic in modern war.
            (4) Civilians, particularly women and children, account for 
        the vast majority of those adversely affected by 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.
            (5) Large-scale natural disasters, such as the tsunami that 
        struck South East Asia, South Asia, and East Africa on December 
        26, 2004, and claimed over 200,000 lives, are particularly 
        threatening to children, who are often orphaned or separated 
        from their families.
            (6) Traditionally, the response to such humanitarian 
        emergencies has focused on providing food, medical care, and 
        shelter needs, and has placed less emphasis on the safety and 
        security of those affected by a humanitarian emergency.
            (7) 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 sexual exploitation and abuse due to poor security in 
        refugee camps.
            (8) In some circumstances, humanitarian agencies have 
        failed to make individuals affected by a humanitarian 
        emergency, especially 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) 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.
            (10) Despite the heightened risks for women during a 
        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.
            (11) There is a substantial need for the protection of 
        civilians, especially women and children, to be given a high 
        priority during all humanitarian emergencies.

                TITLE I--PROGRAM AND POLICY COORDINATION

SEC. 101. REQUIREMENT TO DEVELOP COMPREHENSIVE STRATEGY.

    (a) In General.--The Secretary shall, in consultation with the 
Administrator of the United States Agency for International 
Development, develop a comprehensive strategy for the protection of 
vulnerable populations, especially women and children, who are affected 
by a humanitarian emergency. The strategy shall include--
            (1) measures to address the specific protection needs of 
        women and children;
            (2) training for personnel to respond to the specific needs 
        of such vulnerable populations; and
            (3) measures taken to comply with section 301.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report setting forth the strategy described 
in subsection (a).

SEC. 102. DESIGNATION OF COORDINATOR.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall designate an individual within the 
Department or the Agency as the coordinator to be responsible for the 
oversight and coordination of efforts by the Department and the Agency 
to provide protection for vulnerable populations, especially women and 
children, affected by a humanitarian emergency.
    (b) Consultation Requirement.--The Secretary shall consult with the 
Administrator of the United States Agency for International Development 
in making a designation under subsection (a).
    (c) Notification.--Not later than 5 days after designating an 
official as a coordinator under subsection (a), the Secretary shall 
inform the appropriate congressional committees of such designation.

                 TITLE II--PREVENTION AND PREPAREDNESS

SEC. 201. REPORTING AND MONITORING SYSTEMS.

    (a) Duties of Coordinator.--The coordinator shall--
            (1) develop and maintain a database of historical 
        information about occurrences of sexual exploitation and abuse, 
        and other exploitation, of children during a humanitarian 
        emergency;
            (2) establish a reporting and monitoring system for United 
        States diplomatic missions to collect and submit to the 
        coordinator information that indicates that vulnerable 
        populations, especially women and children, are being targeted 
        for or are at substantial risk of violence or exploitation in 
        humanitarian emergencies;
            (3) assist United States diplomatic missions in developing 
        responses to situations where there is a substantial risk of 
        sexual exploitation and abuse or exploitation of children that 
        may occur during a humanitarian emergency; and
            (4) develop mechanisms for the receipt and distribution of 
        reports to and from the public and relevant nongovernmental and 
        international organizations of evidence of sexual exploitation 
        and abuse and exploitation of children during a humanitarian 
        emergency.
    (b) Consultation.--In carrying out duties under paragraphs (1) and 
(2) of subsection (a), the Coordinator shall consult with inter-
governmental organizations and nongovernmental organizations.

SEC. 202. PROTECTION TRAINING AND EXPERTISE.

    (a) Fellowship Program.--The Administrator of the United States 
Agency for International Development is authorized to establish a 
fellowship program at the Agency to increase the expertise of the 
personnel of the Agency in developing programs and policies to carry 
out activities related to the protection of vulnerable populations, 
especially women and children, affected by a humanitarian emergency.
    (b) Term of Fellowship.--An individual may participate in a 
fellowship under this section for a term of not more than 3 years.
    (c) Number of Fellows.--The Administrator is authorized to employ 
up to 10 fellows at any one time under this program.
    (d) Qualification.--An individual is qualified to participate in a 
fellowship under this section if such individual has the specific 
expertise required--
            (1) to develop and implement policies and programs related 
        to the protection of vulnerable populations, especially women 
        and children; and
            (2) to promote the exchange of knowledge and experience 
        between the Agency and entities that assist the Agency in 
        carrying out assistance programs.

   TITLE III--PROTECTION OF REFUGEES AND INTERNALLY DISPLACED PERSONS

SEC. 301. CODES OF CONDUCT.

    None of the funds made available by the Department or Agency to 
provide assistance under section 491 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2292) or overseas assistance under section 2 of the 
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) may be 
provided to a primary grantee or contractor for the purpose of 
providing assistance to refugees or internally displaced persons unless 
such grantee or contractor has adopted a code of conduct that is 
consistent with the 6 core principles recommended by the Inter-Agency 
Standing Committee. To the extent practicable, a grantee or contractor 
that has adopted such a code of conduct shall ensure that subgrantees 
and subcontractors of such grantee or contractor have adopted, or agree 
to act in accordance with, such a code of conduct.

SEC. 302. HEALTH SERVICES FOR REFUGEES AND DISPLACED PERSONS.

    (a) Provision of Health Services to Vulnerable Populations Affected 
by Humanitarian Emergencies.--The coordinator shall seek to ensure that 
organizations funded by the Department and the Agency for the purpose 
of responding to a humanitarian emergency coordinate and implement 
activities needed to respond to the health needs of vulnerable 
populations, especially women and children, as soon as practicable and 
not later than 30 days after the onset of a humanitarian emergency.
    (b) Activities Defined.--The activities referred to in subsection 
(a) include activities to--
            (1) prevent and <DELETED>manage</DELETED> respond to the 
        consequences of sexual violence;
        <DELETED>    (2) reduce transmission of HIV;</DELETED>
            (2) provide testing and treatment for HIV/AIDS and sexually 
        transmitted diseases;
            (3) provide <DELETED>obstetric</DELETED> essential 
        obstetric and prenatal care; and
            (4) develop a plan to integrate essential women's health 
        services into the primary health care services provided during 
        a humanitarian emergency.

SEC. 303. ECONOMIC SELF-SUFFICIENCY OF VULNERABLE POPULATIONS AFFECTED 
              BY A HUMANITARIAN EMERGENCY.

    (a) 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.''.
    (b) Amendment to the Foreign Assistance Act.--Section 256(b)(3) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2212(b)(3)) is amended by 
inserting after ``clients'' the following: ``, including women 
microentrepeneurs,''.

SEC. 304. 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, including those who are refugees or displaced 
        persons.''.

SEC. 305. SENSE OF CONGRESS REGARDING ACTIONS OF UNITED NATIONS 
              PEACEKEEPERS.

    It is the sense of Congress that--
            (1) the Secretary-General of the United Nations should 
        strengthen the existing ability of the United Nations 
        Department of Peacekeeping Operations to protect civilians, 
        especially women and children, from sexual exploitation and 
        abuse by personnel in peace operation missions by--
                    (A) directing the Department of Peacekeeping 
                Operations to identify nongovernmental organizations 
                and local community officials to receive and 
                communicate to senior level mission officials credible 
                reports from civilians of sexual exploitation and 
                abuse;
                    (B) ensuring that there is a mechanism in place for 
                all credible allegations of sexual exploitation and 
                abuse to be brought to the attention of senior level 
                mission officials in an expedited fashion;
                    (C) developing missions based rapid response teams 
                to investigate allegations of sexual exploitation and 
                abuse;
                    (D) improving informational programs for United 
                Nations personnel on their responsibility not to engage 
                in acts of sexual exploitation and abuse and the 
                sanctions for such actions;
                    (E) identifying troop contributing countries that 
                refuse to investigate allegations of sexual 
                exploitation and abuse by nationals serving in 
                peacekeeping missions;
                    (F) permanently excluding individuals found to have 
                engaged in sexual abuse or exploitation, as well as 
                troop contingent commanders and civilian managerial 
                personnel complicit in such behavior, from 
                participating in future United Nations peacekeeping 
                missions; and
                    (G) demanding that troop contributing countries--
                            (i) thoroughly investigate cases in which 
                        their nationals have been alleged to have 
                        engaged in sexual abuse or exploitation which 
                        on United Nations peacekeeping missions; and
                            (ii) punish those found guilty of such 
                        misconduct;
            (2) troop contributing states should ensure that their 
        soldiers are properly trained on United Nations guidelines 
        regarding proper conduct towards civilians, in particular those 
        guidelines that address gender-based violence, before 
        participating in United Nations peace operation missions;
            (3) the United Nations should suspend payment of 
        peacekeeping funds to countries when there is credible evidence 
        of sexual exploitation and abuse by troops of such countries 
        that are participating in peacekeeping operations, and the 
        governments of such countries are not investigating or 
        punishing such conduct; and
            (4) the Secretary should consider a suspension of United 
        States military assistance to countries that do not--
                    (A) investigate allegations of sexual exploitation 
                and abuse by troops participating in United Nations 
                peacekeeping operations; or
                    (B) hold perpetrators of such abuse and 
                exploitation accountable.

     TITLE IV--PROTECTION OF VULNERABLE POPULATIONS AFFECTED BY A 
                         HUMANITARIAN EMERGENCY

SEC. 401. ACTIONS TO SUPPORT PROTECTION.

    (a) Programs of the International Bank for Reconstruction and 
Development.--The United States Executive Director of the International 
Bank for Reconstruction and Development should take steps 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.
    (b) Report Regarding Programs To Assist Civilian Police.--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 
all current programs being conducted by the Department or the Agency to 
assist foreign countries with the enforcement of the laws of such 
countries that are designed to protect women and children and improve 
accountability for sexual exploitation and abuse.

SEC. 402. 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. ASSISTANCE FOR THE PROTECTION OF VULNERABLE POPULATIONS 
              DURING HUMANITARIAN EMERGENCIES.

    ``(a) Authority.--<DELETED>Notwithstanding any other provision of 
law, and subject to the limitations of subsection (b), the President is 
authorized to provide assistance for</DELETED> The President is 
authorized to use the authorities in this Act to provide assistance for 
programs, projects, and activities to promote the security of, provide 
equal access to basic services for, and safeguard the legal and human 
rights of civilians, especially women and children, who are affected by 
a humanitarian emergency. Such assistance shall include programs--
            ``(1) to build the capacity of nongovernmental 
        organizations to address the special protection needs of 
        vulnerable populations, especially women and children, affected 
        by a humanitarian emergency;
            ``(2) to support local and international nongovernmental 
        initiatives to prevent, detect, and report exploitation of 
        children and sexual exploitation and abuse, 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 for the purpose of improving the design and 
        security of camps for refugees and internally displaced 
        persons, with special emphasis on the security of women and 
        children;
            ``(4) to provide, when practicable, education during a 
        humanitarian emergency, including structured activities that 
        create safe spaces for children, in particular girls;
            ``(5) to reintegrate and rehabilitate former combatants and 
        survivors of a humanitarian emergency, including through 
        education, 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 sexual 
        exploitation, abuse, or torture, including the collection of 
        evidence for war crimes tribunals and advocacy for legal 
        reform; and
            ``(9) to provide to local law enforcement personnel working 
        in areas affected by a humanitarian emergency training in human 
        rights law, particularly as it relates to the protection of 
        women and children.
    ``(b) Availability of Assistance.--Amounts made available to carry 
out this part and chapter 4 of part II may be made available to carry 
out this section.''.
                                                       Calendar No. 453

109th CONGRESS

  2d Session

                                 S. 559

_______________________________________________________________________

                                 A BILL

To make the protection of vulnerable populations, especially women and 
 children, who are affected by a humanitarian emergency a priority of 
         the United States Government, and for other purposes.

_______________________________________________________________________

                              May 25, 2006

                        Reported with amendments