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

1.

Short title

This Act may be cited as the Protection of Vulnerable Populations During Humanitarian Emergencies Act of 2005.

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.

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)subjecting children to 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 (22 U.S.C. 7102) (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. (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). (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.

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.

May 25, 2006 Reported with amendments