[Congressional Record Volume 149, Number 66 (Tuesday, May 6, 2003)]
[Senate]
[Pages S5777-S5784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. McCAIN, Mrs. Feinstein, Mr. Dodd, 
        Mr. Kerry, Mrs. Clinton, and Ms. Mikulski):
  S. 1001. 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; to the Committee on Foreign 
Relations.
  Mr. BIDEN. Mr. President, today I am introducing a bill, along with 
Senators McCain, Feinstein, Dodd, and Kerry, to make women and children 
a priority of our assistance of programs, women and children who are 
suffering the ravages of war and natural disasters, suffering from food 
shortages and a lack of basic necessities, suffering from the 
degradation of complex humanitarian emergencies. War has been the major 
cause.
  Over the past fifty years the nature of war has changed dramatically. 
Increasingly, sadly, women and children seem to bear the brunt of it. 
According to the United Nations Children's Fund, since 1990, more than 
2 million children have been killed and 6 million maimed or injured as 
a result of war. Today, 90 percent of the casualities in any war are 
civilians. They are mostly women and children.
  It is incomprehensible to me that rape has been used as a weapon of 
war all over the world from Burma to Bosnia to Sierra Leone. It is 
equally incomprehensible that forced displacement of civilians, rather 
than being one of the unfortunate results of war, has actually become a 
deliberate tactic.
  Under these circumstances, what choice do people have but to leave 
their homes? They leave out of fear for their lives and their 
children's lives. Some find their way into camps where instead of 
safety, they suffer extraordinary violence and abuse. Allegations of 
sexual exploitation by camp residents and humanitarian workers in 
refugee camps in west Africa and Nepal are all-too-real examples of the 
sad fact that women and children remain vulnerable even in the very 
places they flee to find safety.
  This bill seeks to do something about this. It seeks to enhance the 
U.S. Government's ability to ensure that women and children's 
protection needs are addressed before, during, and after a complex 
humanitarian emergency.
  It does this in several ways. First, it directs the Secretary of 
State to designate a special coordinator for protection issues. That 
person will be changed with making sure that our embassies and consular 
posts are made aware of the earliest warning signs that a complex 
humanitarian emergency is imminent. The Coordinator is to compile a 
watch list of such countries and regions so that our aid missions can 
plan to meet potential need.
  Second, the bill specifies basic measures that will improve our 
ability to help these women and children, help the refugees, help 
internally displaced people cope during an actual complex humanitarian 
crisis.
  It requires that relief organizations funded by the United States 
Government review their procedures to ensure adequate measures have 
been taken to provide adequate physical security for refugees and 
internationally displaced people, especially the women and children.
  The legislation prohibits U.S. funding for relief agencies that do 
not sign a code of conduct that prohibits improper relationships 
between humanitarian aid workers and aid recipients, and encourages the 
Secretary to pressure the U.N. refugee agency to implement a ``whistle-
blower'' system under which aid workers, refugees and internally 
displaced persons can report instances of gender-based violence and 
exploitation.
  Because women have unique health needs that are often unmet when they 
are forced to flee their homes, the bill includes a provision mandating 
health services for women within 30 days of the onset of a complex 
humanitarian emergency.
  Additionally, the bill amends the Micro-Enterprise Development Act to 
expand the availability of micro-loans to refugees and internally 
displaced women. When women are given access to income generating 
activities, they are less vulnerable to coercion from those who would 
demand sexual favors in return for food or other basic necessities.
  Finally, the bill deals with rehabilitation and recovery.
  The bill requires the Secretary of State and the Administrator for 
the Agency for International Development to develop and implement 
economic development programs to assist female heads of households, to 
help women increase access to ownership of land and other productive 
assets, to ensure that education and training programs are integrated 
with economic development programs to encourage reintegration of women 
who were displaced during war, and programs to politically empower 
women.
  It calls upon the United States Executive Director of the 
International Bank for Reconstruction and Development to work on 
ensuring that World Bank demobilization, disarmament and reintegration 
programs extend the same benefits that ex-combatants receive to women 
and children who were formally or informally associated with them.
  As it now stands, women and children who were used as cooks, porters, 
and so called ``wives''--a euphemism for women who were kidnaped to 
serve as sexual slaves--are given nothing with which to rebuild their 
lives, despite the fact that they rarely served with armed groups by 
choice. And yet the very people who forced them into such conditions 
are assisted with no qualms or reservations.
  Finally, the bill calls upon the Secretary of State to report to 
Congress all the programs that they are funding

[[Page S5780]]

that are aimed at improving the awareness of foreign law enforcement 
officials of women's human rights and the ability of foreign law 
enforcement officials to investigate and prosecute crimes of rape and 
sexual violence.
  This bill is not a panacea. It does not cure all the ills that war 
and displacement create for women and children. It seeks to provide 
some relief for those who are entirely reliant--through no fault of 
their own--on the largess of the international community.
  I believe this legislation will improve the way we respond to the 
needs facing women and children trying to survive in the most dire of 
circumstances, and I hope my colleagues will join me by supporting it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1001

       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--

[[Page S5781]]

       (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

[[Page S5782]]

     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--

[[Page S5783]]

       ``(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.

[[Page S5784]]

       (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.''.
                                 ______