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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 765 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 765

 To improve United States consideration of, and strategic support for, 
programs to prevent and respond to gender-based violence from the onset 
 of humanitarian emergencies and to build the capacity of humanitarian 
actors to address the immediate and long-term challenges resulting from 
                 such violence, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2021

 Mr. Menendez (for himself, Ms. Murkowski, Mr. Merkley, Ms. Rosen, Mr. 
Van Hollen, Mr. Markey, Mr. Cardin, Mr. Coons, Mrs. Shaheen, Mr. Kaine, 
 Mr. Schatz, Ms. Collins, and Mr. Reed) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
 To improve United States consideration of, and strategic support for, 
programs to prevent and respond to gender-based violence from the onset 
 of humanitarian emergencies and to build the capacity of humanitarian 
actors to address the immediate and long-term challenges resulting from 
                 such violence, 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 ``Keeping Women and Girls Safe from 
the Start Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Displaced and stateless people and refugees, 
        particularly women and girls, in conflict settings, natural 
        disasters, and other humanitarian emergencies, often face 
        extreme violence and threats of violence, including--
                    (A) rape and sexual assault;
                    (B) domestic or intimate partner violence;
                    (C) child, early, and forced marriage;
                    (D) trafficking for the purposes of sexual 
                exploitation and forced labor;
                    (E) harmful traditional practices, such as female 
                genital mutilation or cutting; and
                    (F) harassment, exploitation, and abuse by 
                humanitarian personnel.
            (2) Gender-based violence increases during humanitarian 
        emergencies and violent acts, such as intimate partner violence 
        and child marriage, are often exacerbated during times of 
        crisis.
            (3) Nearly 1 in 5 women affected by a humanitarian 
        emergency report experiencing sexual violence during such 
        emergency.
            (4) During the COVID-19 pandemic, the risk of domestic 
        violence, child marriage, trafficking, and other forms of 
        gender-based violence and abuse has increased and compounds the 
        risk displaced women and girls face in emergencies.
            (5) Survivors of gender-based violence in humanitarian 
        emergencies require--
                    (A) immediate, life-saving assistance, including 
                access to medical and psychosocial services, such as 
                post-rape care;
                    (B) access to justice and community-level 
                reintegration; and
                    (C) opportunities to earn livelihoods, build 
                skills, and receive an education.
            (6) Early medical interventions after incidents of rape can 
        help to prevent infections, HIV, and pregnancy.
            (7) Empowering women to assume leadership roles in 
        delivering humanitarian assistance and effectively engaging 
        local women's rights organizations to provide life-saving 
        assistance is critical to supporting survivors or those at risk 
        of gender-based violence during humanitarian crises.
            (8) Between 2016 and 2018, inclusive, funding for gender-
        based violence in humanitarian crises represented just 0.12 
        percent of all funding for humanitarian response activities.
            (9) During 2013, the international community launched the 
        Global Call to Action on Protection from Gender-Based Violence 
        in Emergencies initiative to improve prevention and responses 
        to gender-based violence in humanitarian settings.
            (10) The United States demonstrated its commitment to this 
        initiative by implementing Safe from the Start, under the 
        direction of the Department of State and the United States 
        Agency for International Development (USAID)--
                    (A) to reduce the incidence of gender-based 
                violence; and
                    (B) to ensure quality services for survivors from 
                the very onset of emergencies through timely and 
                effective humanitarian action.
            (11) The United States has further demonstrated its 
        commitment to prevent and respond to gender-based violence 
        globally through the following documents:
                    (A) The United States Strategy to Prevent and 
                Respond to Gender-Based Violence Globally, published by 
                USAID in August 2012.
                    (B) The United States Global Strategy to Empower 
                Adolescent Girls, adopted by the Department of State in 
                March 2016.
                    (C) The U.S. Strategy To Support Women and Girls at 
                Risk From Violent Extremism and Conflict, submitted to 
                Congress in October 2018.
                    (D) The United States Strategy on Women, Peace, and 
                Security, released by the President in June 2019.
                    (E) Advancing Protection and Care for Children in 
                Adversity: A U.S. Government Strategy for International 
                Assistance (2019-2023), posted online by USAID in July 
                2019.

SEC. 3. STATEMENT OF POLICY OBJECTIVES.

    (a) In General.--It is in the national interest of the United 
States to take effective action--
            (1) to prevent, mitigate, and respond to gender-based 
        violence in humanitarian emergencies around the world;
            (2) to promote respect for basic human rights and gender 
        equality; and
            (3) to support economic growth, improved public health, and 
        peace and stability around the world.
    (b) Programs, Activities, and Initiatives.--The policy objectives 
set forth in subsection (a) are reinforced through programs, 
activities, and initiatives that--
            (1) build the capacity of humanitarian actors responding to 
        crises, including the capacity of governments, international 
        organizations, international nongovernmental organizations, 
        faith-based and non-faith-based organizations, and local 
        nongovernmental groups (especially women-led organizations), to 
        prevent, mitigate, and respond to gender-based violence;
            (2) systematically integrate and coordinate efforts to 
        prevent gender-based violence, including by--
                    (A) incorporating gender-based violence risk 
                mitigation interventions across all humanitarian 
                sectors; and
                    (B) promoting support for, and collaboration with, 
                gender-based violence response experts;
            (3) support activities that--
                    (A) prevent and mitigate the impacts of gender-
                based violence in humanitarian settings; and
                    (B) empower survivors or those at risk of gender-
                based violence;
            (4) improve the delivery and quality of services for 
        survivors and at-risk populations of gender-based violence, 
        including--
                    (A) access to medical and psychosocial services 
                that comply with international standards; and
                    (B) service delivery to hard-to-reach populations;
            (5) ensure protection against and accountability for sexual 
        exploitation and abuse, by and against humanitarian personnel;
            (6) advance the active leadership and participation of 
        women and girls impacted by humanitarian crises, including in 
        the design, implementation, and evaluation of programs and 
        other activities;
            (7) ensure, when providing assistance to international and 
        nongovernmental organizations in a humanitarian response, that 
        particular emphasis be given to such organizations led by women 
        impacted by the humanitarian crisis; and
            (8) promote transparency and accountability of United 
        States Government programs and humanitarian implementers' 
        efforts related to preventing and responding to gender-based 
        violence in humanitarian response.

SEC. 4. AUTHORIZED SAFE FROM THE START ACTIVITIES.

    The Secretary of State, in coordination with the Administrator of 
the United States Agency for International Development, shall carry out 
Safe from the Start activities that accomplish the policy objectives 
set forth in section 3, including--
            (1) training and capacity building for humanitarian 
        personnel and other humanitarian first responders--
                    (A) to identify and prevent gender-based violence 
                in humanitarian settings; and
                    (B) to support survivors and those at risk through 
                best practices, including--
                            (i) established international minimum 
                        standards for gender-based violence prevention 
                        and response; and
                            (ii) referrals to qualified gender-based 
                        violence responders;
            (2) the deployment of, and support for, skilled gender 
        advisors and female humanitarian aid workers that comply with 
        international standards, including through the Gender-Based 
        Violence Area of Responsibility coordinated by the United 
        Nations Population Fund;
            (3) the development of technical skills of local 
        nongovernmental organizations and other local actors, such as 
        women impacted by the humanitarian crisis, including skills 
        related to advocacy, monitoring, data collection, evaluation, 
        and communications;
            (4) performing on-the-ground gender analyses and rapid 
        gender assessments;
            (5) the deployment of international minimum standards, 
        guidelines, best practices, and other tools to improve the 
        integration of efforts to identify, prevent, and address 
        gender-based violence across all humanitarian assistance 
        programs and initiatives, in consultation with international 
        and local nongovernmental organizations and other gender-based 
        violence experts;
            (6) promoting existing international minimum standards, 
        indicators, and metrics to ensure appropriate response and 
        assess the adequacy of interventions relating to gender-based 
        violence;
            (7) efforts to improve the quality and availability of 
        services for survivors and those at risk of gender-based 
        violence, including medical and psychosocial care and hygiene 
        and dignity kits;
            (8) expanding and improving empowerment activities, 
        including--
                    (A) women's and girls' economic opportunities and 
                livelihoods;
                    (B) social network building;
                    (C) education and skills; and
                    (D) leadership roles and participation in 
                humanitarian response; and
            (9) establishing accountability mechanisms and monitoring 
        and reporting tools to prevent and respond to incidents of 
        sexual or other gender-based exploitation or abuse perpetrated 
        by personnel delivering humanitarian assistance and associated 
        personnel.

SEC. 5. REPORTING REQUIREMENTS.

    (a) Defined Term.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on Appropriations of the Senate;
            (2) the Committee on Foreign Relations of the Senate;
            (3) the Committee on Appropriations of the House of 
        Representatives; and
            (4) the Committee on Foreign Affairs of the House of 
        Representatives.
    (b) Progress Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State, in coordination with the Administrator of 
        the United States Agency for International Development, shall 
        submit a report to the appropriate congressional committees 
        that describes the progress made by the United States, in 
        conjunction with partners, such as the United Nations High 
        Commissioner for Refugees, the United Nations Population Fund, 
        the World Health Organization, the World Food Program, the 
        United Nations Children's Fund, and the International 
        Organization for Migration, to prevent, mitigate, and address 
        gender-based violence in humanitarian emergencies.
            (2) Report elements.--The report required under paragraph 
        (1) shall include--
                    (A)(i) an analysis of data and research regarding 
                the key drivers of gender-based violence in 
                humanitarian emergencies;
                    (ii) the needs and services required by survivors 
                or those at risk; and
                    (iii) successful program models to address, 
                prevent, and mitigate such violence; and
                    (B) a detailed description of the programs, 
                diplomatic efforts, and other activities undertaken by 
                the United States to implement Safe from the Start, in 
                accordance with section 4, including--
                            (i) a description of the steps taken--
                                    (I) to integrate prevention, 
                                mitigation, and respond to gender-based 
                                violence into humanitarian assistance;
                                    (II) to develop humanitarian 
                                standards; and
                                    (III) to respond to specific 
                                humanitarian crises;
                            (ii) a description of the progress made 
                        toward achieving specific objectives, metrics, 
                        and indicators for implementation of Safe from 
                        the Start programming, disaggregated, as 
                        appropriate, by gender, age, and type of 
                        violence;
                            (iii) a list of the all projects funded or 
                        supported through Safe from the Start 
                        programming, with specific details on levels of 
                        funding or assistance and impacts of such 
                        projects disaggregated, as appropriate, by 
                        gender, age, and type of violence;
                            (iv) an assessment of the extent to which 
                        consultations with nongovernmental 
                        organizations, including local, national, and 
                        intergovernmental actors have led to the 
                        development of programs, standards, and 
                        interventions to combat gender-based violence;
                            (v) a list of the policies or programs 
                        implemented by international or multilateral 
                        organizations receiving funding from the United 
                        States Government--
                                    (I) to improve capacity and 
                                internal protocols to identify signs of 
                                gender-based violence, including sexual 
                                exploitation and abuse; and
                                    (II) to integrate initiatives to 
                                prevent and respond to gender-based 
                                violence into programs of the 
                                organization; and
                            (vi) a description of any diplomatic action 
                        taken bilaterally, multilaterally, or with 
                        international organizations to encourage the 
                        governments of other countries and 
                        international organizations to adopt policies 
                        and support efforts to prevent and respond to 
                        gender-based violence in emergency situations 
                        in alignment with the Global Call to Action on 
                        Protection from Gender-Based Violence in 
                        Emergencies.
            (3) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex. The unclassified portion of such report shall be 
        concurrently published on a publicly available website of the 
        Department of State.
    (c) Budget Report.--Not later than 120 days after the President 
submits each budget to Congress under section 1105(a) of title 31, 
United States Code, the Director of the Office of Management and Budget 
shall submit to the appropriate congressional committees a budget 
crosscut report that--
            (1) displays the budget proposed, including any planned 
        interagency or intra-agency transfer, for each of the principal 
        Federal agencies that will be carrying out activities through 
        the Safe from the Start programming focus described in section 
        4 in the fiscal year for which such budget is submitted;
            (2) separately reports the amount of funding to be provided 
        pertaining to the Safe from the Start strategy under subsection 
        (b), to the extent such plans are available; and
            (3) identifies, at the account level to the extent 
        practicable, all Federal assistance and research expenditures 
        for Safe from the Start activities in each of the 5 previous 
        fiscal years.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act the 
greater of--
            (1) such sums as may be necessary for each fiscal year to 
        carry out this Act; or
            (2) the amount expended by the Department of State during 
        fiscal year 2018 to carry out Safe from the Start activities.
                                 <all>
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