I 

108TH CONGRESS 

1ST SESSION H. R. 2536

To make the protection of women and children who are affected by a complex 

humanitarian emergency a priority of the United States Government, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2003

Mrs. LOWEY (for herself, Mr. BALLENGER, Mr. SHAYS, Mr. LANTOS, Mr. 

WEXLER, Mr. MCDERMOTT, Mr. BERRY, Ms. LEE, Mr. MEEKS of New 

York, Ms. SCHAKOWSKY, Mr. BERMAN, Ms. ESHOO, Ms. DELAURO, Ms. 

CORRINE BROWN of Florida, Mr. PAYNE, Ms. WOOLSEY, Ms. MCCOLLUM, and Mr. OWENS) introduced the following bill; which was referred 

to the Committee on International Relations 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women and Children 

5 in Conflict Protection Act of 2003’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 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.

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means—
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1 (A) the Committee on Appropriations and 

2 the Committee on Foreign Relations of the Sen3 ate; and 

4 (B) the Committee on Appropriations and 

5 the Committee on International Relations of the 

6 House of Representatives. 

7 (2) CHILDREN.—The term ‘‘children’’ means 

8 persons under the age of 18 years. 

9 (3) COMPLEX HUMANITARIAN EMERGENCY.—

10 The term ‘‘complex humanitarian emergency’’ means 

11 a situation that—

12 (A) occurs outside the United States and 

13 results in a significant number of— 

14 (i) refugees; 

15 (ii) internally displaced persons; or 

16 (iii) other civilians requiring basic hu17 manitarian assistance on an urgent basis; 

18 and 

19 (B) is caused by one or more situations in20 cluding—

21 (i) armed conflict; 

22 (ii) natural disaster; 

23 (iii) significant food shortage; or 

24 (iv) state-sponsored harassment or 

25 persecution. 
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1 (4) COORDINATOR.—The term ‘‘coordinator’’ 

2 means an individual designated by the Secretary 

3 under section 104(a). 

4 (5) EXPLOITATION OF CHILDREN.—The term 

5 ‘‘exploitation of children’’ means—

6 (A) adult sexual activity with children; 

7 (B) kidnapping or forcibly separating chil8 dren from their families; 

9 (C) subjecting children to the worst forms 

10 of child labor; 

11 (D) forcing children to commit or witness 

12 acts of violence, including compulsory recruit13 ment into armed forces or as combatants; and 

14 (E) withholding or obstructing access of 

15 children to food, shelter, medicine, and basic 

16 human services. 

17 (6) FORMER COMBATANT.—The term ‘‘former 

18 combatant’’ means a woman or child who was a 

19 member of or affiliated with an armed group, includ20 ing serving as a cook, a porter, or a messenger, or 

21 in a domestic or sexual capacity or in any other sup22 port role, whether or not the woman or child con23 sented to such participation. 
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1 (7) GENDER-BASED VIOLENCE.—The term 

2 ‘‘gender-based violence’’ means causing harm to a 

3 person based on gender, including—

4 (A) rape; 

5 (B) sexual assault or torture; 

6 (C) sex trafficking and trafficking in per7 sons; 

8 (D) demands for sex in exchange for em9 ployment, goods, services, or protection; 

10 (E) withholding or obstructing access to 

11 food, shelter, medicine, and basic human serv12 ices; and 

13 (F) other forms of violence based on gen14 der. 

15 (8) HIV.—The term ‘‘HIV’’ means the human 

16 immunodeficiency virus, the virus that causes the ac17 quired immune deficiency syndrome (AIDS). 

18 (9) INTER-AGENCY STANDING COMMITTEE.—

19 The term ‘‘Inter-Agency Standing Committee’’ 

20 means the Inter-Agency Standing Committee estab21 lished in response to United Nations General Assem22 bly Resolution 46/182 of December 19, 1991. 

23 (10) PROTECTION.—The term ‘‘protection’’, 

24 with respect to an individual, a family, a group, or 

25 a community, means all appropriate measures to
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1 promote the physical and psychological security of, 

2 provide equal access to basic services for, and safe3 guard the legal and human rights and dignity of, 

4 individuals, families, groups, and communities. 

5 (11) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of State. 

7 (12) SEX TRAFFICKING.—The term ‘‘sex traf8 ficking’’ has the meaning given the term in section 

9 103 of Trafficking Victims Protection Act of 2000 

10 (22 U.S.C. 7102). 

11 (13) TRAFFICKING IN PERSONS.—The term 

12 ‘‘trafficking in persons’’ has the meaning given the 

13 term ‘‘severe forms of trafficking in persons’’ in sec14 tion 103 of Trafficking Victims Protection Act of 

15 2000 (22 U.S.C. 7102). 

16 (14) WORST FORMS OF CHILD LABOR.—The 

17 term ‘‘worst forms of child labor’’ has the meaning 

18 given the term in article 3 of Convention Number 

19 182 of the International Labor Organization. 

20 TITLE I—PROGRAM AND POLICY 

21 COORDINATION 

22 SEC. 101. FINDINGS. 

23 Congress makes the following findings: 

24 (1) The nature of war has changed dramatically 

25 in recent decades, putting women and children at 
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1 greater risk of death, disease, displacement, and ex2 ploitation. 

3 (2) Civilians, particularly women and children, 

4 account for the vast majority of those adversely af5 fected by complex humanitarian emergencies, includ6 ing as refugees and internally displaced persons, and 

7 increasingly are targeted by combatants and armed 

8 elements for murder, abduction, forced military con9 scription, involuntary servitude, displacement, sexual 

10 abuse and slavery, mutilation, and loss of freedom. 

11 (3) Traditionally, humanitarian response has 

12 focused on providing food, medical care, and shelter 

13 needs, while placing less emphasis on the safety and 

14 security of those affected by a complex humanitarian 

15 emergency. 

16 (4) Few well-coordinated efforts exist to prevent 

17 and respond to violence against women and children 

18 when they are refugees or internally displaced per19 sons. 

20 (5) While the United Nations High Commis21 sioner for Refugees and the Department of State are 

22 charged with protecting refugees, there is no United 

23 States Government agency or international body 

24 with a clear mandate to protect internally displaced 
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1 persons and those at risk of displacement as a result 

2 of a complex humanitarian emergency. 

3 (6) There is a substantial need for the protec4 tion of women and children to be given a high pri5 ority during all complex humanitarian emergencies. 

6 SEC. 102. PURPOSES. 

7 The purposes of this Act are—

8 (1) to ensure that the United States Govern9 ment has adequate capabilities to support programs 

10 that provide for the protection of women and chil11 dren who are affected by a complex humanitarian 

12 emergency; 

13 (2) to build the capacities of United States 

14 Government agencies, multilateral institutions, inter15 national nongovernmental organizations, local non16 governmental organizations, and local communities 

17 to prevent and respond effectively to gender-based 

18 violence and exploitation of children that occur dur19 ing a complex humanitarian emergency; and 

20 (3) to provide increased funding for the protec21 tion of women and children affected by a complex 

22 humanitarian emergency. 
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1 SEC. 103. REQUIREMENT TO DEVELOP INTEGRATED STRAT2 EGY. 

3 (a) REQUIREMENT.—The Secretary shall, in con4 sultation with the Administrator of the United States 

5 Agency for International Development, develop an inte6 grated strategy for the protection of women and children 

7 who are internally displaced, made refugees, or otherwise 

8 affected by a complex humanitarian emergency. 

9 (b) REPORT.—Not later than 90 days after the date 

10 of enactment of this Act, the Secretary shall submit to 

11 the appropriate congressional committees a report out12 lining the strategy described in subsection (a). 

13 (c) CONTENT.—The report required by subsection (b) 

14 shall include—

15 (1) an assessment of the specific needs of, and 

16 particular threats to, women and children at the var17 ious stages of a complex humanitarian emergency, 

18 especially at the onset of such emergency; 

19 (2) a description of which agencies and offices 

20 of the United States Government are responsible for 

21 addressing each aspect of such needs and threats; 

22 (3) an evaluation of the needs and threats that 

23 are being adequately addressed and funded, and 

24 those which require additional attention or re25 sources;
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1 (4) a set of guidelines and recommendations for 

2 improving United States and international systems 

3 for the protection of women and children during a 

4 complex humanitarian emergency; and 

5 (5) a mechanism for coordinating and over6 seeing United States efforts to prevent and respond 

7 to gender-based violence and exploitation of children 

8 that occurs during a complex humanitarian emer9 gency. 

10 SEC. 104. DESIGNATION OF COORDINATOR. 

11 (a) IN GENERAL.—Not later than 60 days after the 

12 date of enactment of this Act, the Secretary shall des13 ignate one or more senior-level officials of the Department 

14 of State or the United States Agency for International De15 velopment as a coordinator or coordinators, as the case 

16 may be, to be responsible for the oversight and coordina17 tion of United States Government efforts to provide pro18 tection to women and children who are affected by a com19 plex humanitarian emergency. 

20 (b) DUTIES.—A coordinator designated under sub21 section (a) shall—

22 (1) coordinate the actions taken to carry out 

23 the purposes of this Act, as described in section 102; 

24 (2) be responsible for the oversight and coordi25 nation of United States Government efforts to pro-
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1 tect women and children who are affected by a com2 plex humanitarian emergency; and 

3 (3) provide United States embassies and con4 sular posts with mechanisms to warn relief agencies 

5 of an impending complex humanitarian emergency. 

6 (c) NOTIFICATION.—Not later than 5 days after des7 ignating an official as a coordinator under subsection (a), 

8 the Secretary shall submit the name of such official to the 

9 appropriate congressional committees. 

10 TITLE II—PREVENTION AND 

11 PREPAREDNESS 

12 SEC. 201. FINDINGS. 

13 Congress makes the following findings: 

14 (1) The percentage of civilians killed and 

15 wounded as a result of hostilities has risen from 5 

16 percent of all casualties at the turn of the 19th cen17 tury to 65 percent during World War II and to 90 

18 percent in more recent hostilities. Women and chil19 dren comprise the majority of civilian deaths and the 

20 majority of all refugees from hostilities. 

21 (2) In the last decade alone, more than 

22 2,000,000 children have been killed during wars, 

23 while more than 4,000,000 have survived physical 

24 mutilation, and more than 1,000,000 have been or-
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1 phaned or separated from their families as a result 

2 of war. 

3 (3) In many armed conflicts, soldiers have de4 stroyed food supplies and productive capacities, sto5 len donated food intended for women and children, 

6 and blocked the distribution of humanitarian aid. 

7 (4) During 2003, an estimated 300,000 chil8 dren have been compulsorily recruited into military 

9 operations around the world, including a large num10 ber of girls who have been forced to work as combat11 ants, cooks, messengers, spies, or sexual slaves for 

12 soldiers. 

13 (5) The use of rape, particularly against women 

14 and girls, is an increasingly common tactic in mod15 ern war. 

16 (6) The international community has a respon17 sibility pursuant to the Protocol Relating to the Sta18 tus of Refugees done at New York October 4, 1967 

19 (19 UST 6223), the Convention Relating to the Sta20 tus of Refugees done at Geneva July 28, 1951, and 

21 the Convention Relative to the Protection of Civilian 

22 Persons in Time of War done at Geneva August 12, 

23 1949 (6 UST 3516), to take preventive action that 

24 would improve preparedness and reduce the vulner-
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1 ability of women and children to violence and exploi2 tation. 

3 SEC. 202. EARLY WARNING AND EARLY ACTION SYSTEMS. 

4 (a) PREVENTIVE ACTIONS.—Each coordinator 

5 shall—

6 (1) maintain a data base of information related 

7 to occurrences of gender-based violence or exploi8 tation of children during a complex humanitarian 

9 emergency; 

10 (2) develop, based on the information contained 

11 in the database required by paragraph (1) and other 

12 research—

13 (A) a list of early warning signs that indi14 cate there is a likelihood that gender-based vio15 lence or exploitation of children will occur dur16 ing a complex humanitarian emergency; and 

17 (B) a list, that is updated regularly, of 

18 countries or regions where there is an increased 

19 risk of gender-based violence or exploitation of 

20 children due to a complex humanitarian emer21 gency to enhance the preparedness of the 

22 United States Government or organizations 

23 funded by the United States Government to re24 spond to such an emergency; 
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1 (3) disseminate to United States embassies and 

2 consular posts the lists described in subparagraphs 

3 (A) and (B) of paragraph (2); 

4 (4) assist embassies and consular posts in re5 sponding to an increased risk of gender-based vio6 lence or exploitation of children that may occur dur7 ing a complex humanitarian emergency; 

8 (5) develop a procedure for nongovernmental 

9 organizations to report evidence of gender-based vio10 lence and exploitation of children, during a complex 

11 humanitarian emergency to ensure appropriate re12 sponse by United States officials; and 

13 (6) establish a reporting and monitoring system 

14 for United States diplomatic missions and consular 

15 posts and missions of the United States Agency for 

16 International Development to collect and submit to 

17 the coordinator standardized data on evidence that 

18 women and children are being targeted for or are at 

19 increased risk of violence or exploitation in complex 

20 humanitarian emergencies. 

21 (b) REPORTING AND MONITORING.—Not later than 

22 30 days after a country or region is placed on a list main23 tained under subsection (a)(1), each United States diplo24 matic mission and consular post located in such country 

25 or region shall submit to the appropriate coordinator a
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1 description of the measures undertaken by such mission 

2 or post for the protection of women and children in the 

3 event of a complex humanitarian emergency. 

4 (c) DISSEMINATION OF INFORMATION.—A coordi5 nator shall make available to the public, including to non6 governmental organizations located in areas where there 

7 is an increased risk of gender-based violence or exploi8 tation of children, the information, procedures, systems, 

9 and measures described in subsections (a) and (b). 

10 TITLE III—SECURITY FOR REF11 UGEE AND INTERNALLY DIS12 PLACED WOMEN AND CHIL13 DREN 

14 SEC. 301. FINDINGS. 

15 Congress makes the following findings: 

16 (1) Almost one-half of the world’s estimated 

17 37,500,000 refugees and internally displaced persons 

18 are children. 

19 (2) Food rations in camps for refugees and in20 ternally displaced persons are often limited and un21 predictable, and vulnerable women rarely have legiti22 mate opportunities to generate income or products 

23 to barter for additional food and other supplies. 

24 (3) Refugee women and girls face particular 

25 threats because of power inequities, including being 
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1 forced to exchange sex for food and humanitarian 

2 supplies, and being at increased risk of rape and 

3 gender-based violence due to poor security in refugee 

4 camps. 

5 (4) An investigation into sexual exploitation of 

6 refugees by aid workers in West Africa, conducted 

7 by the United Nations Office of Internal Oversight 

8 Services, found many factors that contribute to the 

9 exploitation and abuse of women and children in ref10 ugee situations, including—

11 (A) few women working in key positions in 

12 refugee relief efforts; 

13 (B) insufficient international staff presence 

14 in the camps; 

15 (C) isolation and lack of separate and dis16 tinctly placed sanitary facilities for men and 

17 women; 

18 (D) incomplete rations and delayed deliv19 ery of supplies to refugees; and 

20 (E) lack of punishment for perpetrators, 

21 including adult refugees, of sexual crimes 

22 against children in refugee situations. 

23 (5) Refugees and internally displaced persons 

24 living outside of camps experience a range of serious 

25 problems including vulnerability to harassment, 
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1 abuse, and exploitation by landlords and employers 

2 with little legal recourse, and constant threat of de3 tention, imprisonment, and deportation. 

4 (6) Existing nongovernmental organization and 

5 international agency policies, procedures, training 

6 programs, monitoring, and accountability mecha7 nisms have not protected displaced women and chil8 dren from exploitation and abuse, provided adequate 

9 assistance to survivors, or to disciplined offenders 

10 and achieved justice. 

11 (7) The limited presence of protection officers 

12 and other trained managerial staff of the United 

13 Nations High Commissioner for Refugees in camps, 

14 especially at night, exacerbates the vulnerability of 

15 women and children to abuse by, in particular, fellow 

16 camp residents and nearby local residents. 

17 (8) In some circumstances, humanitarian agen18 cies have failed to make women and children aware 

19 of their rights to protection and assistance, to give 

20 them access to effective channels of redress, and to 

21 make humanitarian workers aware of their duty to 

22 respect these rights and provide adequate assistance. 

23 (9) The Inter-Agency Standing Committee has 

24 identified standards of behavior applicable to all of 

25 its personnel and is implementing a plan of action 
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1 related to protection from sexual exploitation and 

2 abuse to strengthen mechanisms for protecting those 

3 who depend on international aid. 

4 SEC. 302. CODES OF CONDUCT. 

5 (a) LIMITATION ON ASSISTANCE.—None of the funds 

6 made available by the Department of State through the 

7 Migration and Refugee Assistance account or the Emer8 gency Refugee and Migration Assistance account or by 

9 any provision of law for the purposes of the provision of 

10 assistance to refugees or internally displaced persons may 

11 be provided to an organization that has failed to adopt 

12 a code of conduct regarding the protection of beneficiaries 

13 of humanitarian assistance that incorporates the 6 core 

14 principles recommended by the Inter-Agency Standing 

15 Committee, as described in subsection (b). 

16 (b) CORE PRINCIPLES.—The 6 core principles for the 

17 protection of beneficiaries are as follows: 

18 (1) Sexual exploitation and abuse by humani19 tarian workers constitute acts of gross misconduct 

20 and are therefore grounds for termination of employ21 ment. 

22 (2) Sexual activity with persons under the age 

23 of 18 years is prohibited regardless of the age of 

24 majority or age of consent locally. Mistaken belief 

25 regarding the age of a child is not a defense. 
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1 (3) Exchange of money, employment, goods, or 

2 services for sex, including sexual favors or other 

3 forms of humiliating, degrading, or exploitative be4 havior, is prohibited. This includes exchange of as5 sistance that is due to beneficiaries. 

6 (4) Sexual relationships between the providers 

7 and beneficiaries of humanitarian assistance are 

8 strongly discouraged since they are based on inher9 ently unequal power dynamics. Such relationships 

10 undermine the credibility and integrity of humani11 tarian assistance work. 

12 (5) Whenever a humanitarian assistance worker 

13 develops concerns or suspicions regarding sexual 

14 abuse or exploitation by a fellow worker, whether in 

15 the same agency or not, the worker must report 

16 such concerns through established agency reporting 

17 mechanisms. 

18 (6) Humanitarian assistance agencies are 

19 obliged to create and maintain an environment that 

20 prevents sexual exploitation and abuse and promotes 

21 the implementation of their code of conduct. Man22 agers at all levels have particular responsibilities to 

23 support and develop systems that maintain this envi24 ronment.
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1 SEC. 303. SENSE OF CONGRESS REGARDING ADMINISTRA2 TION PRACTICES IN CAMPS FOR REFUGEES 

3 AND DISPLACED PERSONS. 

4 It is the sense of Congress that all agencies, including 

5 multilateral and nongovernmental agencies, implementing 

6 United States humanitarian assistance programs should 

7 conduct a thorough review of their administrative, man8 agement, and employment practices in refugee and dis9 placed persons camps for the purposes of—

10 (1) significantly increasing the number of 

11 women involved in the distribution of food and hu12 manitarian supplies; 

13 (2) expanding opportunities for women to gen14 erate legitimate income in the camps, including 

15 through employment in the camps; 

16 (3) educating providers and beneficiaries of hu17 manitarian assistance about the seriousness of gen18 der-based violence and exploitation of children; 

19 (4) improving expatriate supervision and moni20 toring of daily operations in the camps; 

21 (5) improving the design and logistics of camps 

22 to create a safer and more secure environment for 

23 women and children, including through consultation 

24 with female camp residents; 
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1 (6) keeping formal and detailed records, includ2 ing photographs, of locally hired staff, and ensuring 

3 that they are adequately paid and trained; 

4 (7) providing training for humanitarian assist5 ance workers on their obligations and responsibilities 

6 under a code of conduct; 

7 (8) developing systems of accountability to 

8 deter and punish gender-based violence, exploitation 

9 of children, and other protection violations including 

10 through identification of procedures for reporting 

11 and investigating allegations of abuse that protect 

12 the safety and confidentiality of the survivors; and 

13 (9) ensuring that applicants for jobs in camps 

14 are screened to prevent individuals who may have 

15 been involved in protection violations from being 

16 hired by camp authorities. 

17 SEC. 304. HEALTH SERVICES FOR REFUGEES AND DIS18 PLACED PERSONS. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) Complex humanitarian emergencies result in 

22 particular risks for women and girls. 

23 (2) Refugee and displaced women face height24 ened risks of developing complications during preg25 nancy, suffering a miscarriage, dying, being injured 
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1 during childbirth, becoming infected with HIV or 

2 another sexually transmitted infection, or suffering 

3 from posttraumatic stress disorder. 

4 (3) Despite the heightened risks for women 

5 during a complex humanitarian emergency, women’s 

6 needs for specialized health services have often been 

7 overlooked by donors and relief organizations, which 

8 are focused on providing food, water, and shelter. 

9 (4) Priority activities and emergency supplies 

10 designed to address life-threatening women’s health 

11 problems during a complex humanitarian emergency 

12 are often not implemented or made available in the 

13 early days and weeks of an emergency, the period 

14 when such activities and supplies are most needed 

15 and may be most effective. 

16 (b) PROVISION OF HEALTH SERVICES.—

17 (1) REQUIREMENTS.—Each coordinator shall—

18 (A) ensure that organizations funded by 

19 the United States that respond to a complex 

20 humanitarian emergency have the resources 

21 necessary to address the specific health needs of 

22 women affected by the emergency; and 

23 (B) identify an organization or individual 

24 to facilitate the coordination and implementa25 tion of the activities needed to respond to the 
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1 health needs of women as soon as practicable 

2 and not later than 30 days after the develop3 ment of a complex humanitarian emergency. 

4 (2) ACTIVITIES DEFINED.—The activities re5 ferred to in paragraph (1)(B) include activities to—

6 (A) prevent and manage the consequences 

7 of sexual violence; 

8 (B) reduce transmission of HIV; 

9 (C) provide obstetric care; and 

10 (D) draft a plan to integrate women’s 

11 health services into the primary health care 

12 services provided during a complex humani13 tarian emergency, including—

14 (i) collection of background data on 

15 maternal, infant and child mortality, and 

16 the rate of HIV infection; 

17 (ii) identification of suitable sites for 

18 future delivery of women’s health services 

19 by addressing security problems, accessi20 bility for all potential users, privacy and 

21 confidentiality during visits, easy access to 

22 water and sanitation, appropriate space for 

23 users’ waiting time, and aseptic conditions; 

24 (iii) an assessment of the staff capac25 ity to provide women’s health services; and 
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1 (iv) a plan for staff training. 

2 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

3 are authorized to be appropriated $12,000,000 for fiscal 

4 year 2004, and $14,000,000 for fiscal year 2005, to carry 

5 out subsection (b). The amounts authorized to be appro6 priated in this subsection are in addition to amounts ap7 propriated for such fiscal years to the Department of 

8 State for the Migration and Refugee Assistance account, 

9 the Emergency Refugee and Migration Assistance ac10 count, or the International Disaster Assistance account. 

11 SEC. 305. WHISTLEBLOWER SYSTEM. 

12 (a) DESIGN OF MODEL SYSTEM.—The Secretary 

13 should urge the United Nations High Commissioner for 

14 Refugees to work with nongovernmental organizations to 

15 design and implement a model ‘‘whistleblower’’ system 

16 under which humanitarian workers, refugees, and inter17 nally displaced persons can report instances of gender18 based violence or exploitation of children. Such a system 

19 should ensure that—

20 (1) reports of instances of gender-based violence 

21 or exploitation of children may be made confiden22 tially and without risk of retribution; 

23 (2) such reports are swiftly and thoroughly in24 vestigated and adjudicated; and
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1 (3) appropriate disciplinary action is taken 

2 against a person found to have committed an act of 

3 gender-based violence or exploited a child. 

4 (b) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, the Secretary shall submit a re6 port to the appropriate congressional committees on 

7 progress that has been made toward designing and imple8 menting the model whistleblower system described in sub9 section (a). 

10 SEC. 306. WOMEN’S ECONOMIC SELF-SUFFICIENCY. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) It is often difficult to determine when it is 

14 safe for women and children to return to a commu15 nity affected by a complex humanitarian emergency, 

16 and in many instances the affected women and chil17 dren remain refugees or internally displaced for con18 siderable periods of time. 

19 (2) To reduce vulnerability to exploitation and 

20 abuse, women who are uprooted from their commu21 nities must be given legitimate opportunities to gen22 erate income to support themselves and their fami23 lies. 

24 (3) In situations of long-term displacement, hu25 manitarian and development agencies should provide 
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1 legal assistance, technical and vocational training, 

2 and access to credit for women, so they can earn a 

3 safe and lawful livelihood. 

4 (b) WORK PERMITS.—The Department of State 

5 should work with host governments, the United Nations 

6 High Commissioner for Refugees, and other appropriate 

7 United Nations agencies to ensure that, in situations of 

8 long-term displacement, refugees and internally displaced 

9 persons are granted work permits and other necessary 

10 documentation by the host government and local authori11 ties to enable them to generate legitimate income. 

12 (c) AMENDMENTS TO MICROENTERPRISE ACT OF

13 2000.—Section 102 of the Microenterprise for Self-Reli14 ance Act of 2000 (22 U.S.C. 2151f note) is amended—

15 (1) in paragraph (4)—

16 (A) by redesignating subparagraphs (B), 

17 (C), and (D) and subparagraphs (C), (D), and 

18 (E), respectively; and 

19 (B) by inserting after subparagraph (A) 

20 the following: 

21 ‘‘(B) Women displaced by armed conflict are 

22 particularly at risk, lacking access to traditional live23 lihoods and means for generating income.’’; and 

24 (2) in paragraph (13)—
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1 (A) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (B) by inserting after subparagraph (A) 

4 the following: 

5 ‘‘(B) Particular efforts should be made to ex6 pand the availability of microcredit programs to in7 ternally displaced persons, who historically have not 

8 had access to such programs.’’. 

9 (d) AMENDMENTS TO THE FOREIGN ASSISTANCE

10 ACT.—Chapter 1 of part I of the Foreign Assistance Act 

11 of 1961 (22 U.S.C. 2151 et seq.) is amended—

12 (1) in section 108 (22 U.S.C. 2151f)—

13 (A) in subsection (b)(3), by inserting after 

14 ‘‘microentrepeneurs’’ the following: ‘‘, with an 

15 emphasis on women microentrepeneurs,’’; and 

16 (B) by adding at the end the following new 

17 subsection: 

18 ‘‘(g) REPORTING REQUIREMENT.—The Adminis19 trator of the agency primarily responsible for admin20 istering this part, as part of the annual congressional pres21 entation documents of the agency, shall submit to Con22 gress a report that contains—

23 ‘‘(1) an estimate of the number of women living 

24 below the national poverty line that have secured 
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1 loans or received training through the programs de2 scribed in this Act; 

3 ‘‘(2) the percentage of women borrowers in pro4 grams funded by the agency under this Act; 

5 ‘‘(3) the percentage of the total loan funds dis6 bursed by the agency under this Act that were made 

7 available to women borrowers; and 

8 ‘‘(4) a discussion of the impact that such loans 

9 have had on the economic status of such women.’’; 

10 and 

11 (2) in section 131 (22 U.S.C. 2151a)—

12 (A) in subsection (b)(1)(D), by inserting 

13 before the period at the end the following: ‘‘, in14 cluding programs to eliminate legal and institu15 tional barriers to women’s ownership of assets, 

16 access to credit, and engagement in business 

17 activities within or outside of the home’’; 

18 (B) in subsection (b)(2)(C), by inserting 

19 before the period at the end the following: ‘‘, in20 cluding women’s organizations’’; and 

21 (C) in subsection (c)—

22 (i) by redesignating paragraphs (1), 

23 (2), (3), and (4) as subparagraphs (A), 

24 (B), (C), and (D), respectively, and re-
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1 aligning such subparagraphs, as so redes2 ignated, four ems from the left margin; 

3 (ii) by striking ‘‘In order’’ and insert4 ing the following: 

5 ‘‘(1) ESTABLISHMENT.—In order’’; 

6 (iii) in subparagraph (D), as redesig7 nated by clause (i), by striking ‘‘paragraph 

8 (3)’’ and inserting ‘‘subparagraph (C)’’; 

9 and 

10 (iv) by adding at the end the following 

11 new paragraph: 

12 ‘‘(2) DISAGGREGATION.—All goals, indicators, 

13 analyses, and recommendations required by this sec14 tion shall be disaggregated by sex.’’. 

15 (e) MICROFINANCE GRANTS.—

16 (1) IN GENERAL.—Of the funds made available 

17 for the Department of State under section 135(b)(2) 

18 of the Foreign Assistance Act of 1961 (as added by 

19 section 501 of this Act), $1,500,000 may be made 

20 available to provide grant assistance—

21 (A) to microfinance institutions for the 

22 purpose of expanding the availability of credit, 

23 savings, training, technical assistance, business 

24 development services, and other financial serv25 ices to very poor entrepreneurs, as defined in
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1 section 131(b)(3) of the Foreign Assistance Act 

2 of 1961, who are refugees; and 

3 (B) for policy and regulatory programs at 

4 the country level that improve the environment 

5 for microenterprise among refugee populations. 

6 (2) GRANT PROVIDERS.—Assistance described 

7 in paragraph (1) shall be provided through United 

8 States and indigenous private and voluntary organi9 zations, credit unions, cooperatives, and other non10 governmental organizations with a capacity to de11 velop and implement microenterprise programs. 

12 SEC. 307. INTERNATIONAL MILITARY EDUCATION AND 

13 TRAINING. 

14 Section 541 of the Foreign Assistance Act of 1961 

15 (22 U.S.C. 2347) is amended—

16 (1) by striking ‘‘or (iv)’’ and inserting ‘‘(iv)’’; 

17 and 

18 (2) by striking ‘‘rights.’’ and inserting ‘‘rights, 

19 or (v) improve the protection of civilians, especially 

20 women and children who are affected by armed con21 flict, including those who, as a result of an armed 

22 conflict, are refugees or displaced persons.’’. 

23 SEC. 308. PROTECTION INITIATIVES. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that—
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1 (1) the Secretary and the Administrator of the 

2 United States Agency for International Development 

3 should continue to develop protection initiatives that 

4 support nongovernmental organizations and multilat5 eral institutions in identifying protection problems 

6 associated with complex humanitarian emergencies 

7 and strategies for prevention of gender-based vio8 lence and exploitation of children and accountability 

9 during a complex humanitarian emergency, includ10 ing—

11 (A) training of field workers on identifying 

12 and responding to gender-based violence and 

13 the exploitation of children; 

14 (B) support for the rapid deployment of 

15 personnel trained to identify protection needs to 

16 areas affected by complex humanitarian emer17 gencies; 

18 (C) support for registration initiatives 

19 which document refugees and internally dis20 placed persons for purposes including the provi21 sion of assistance to such persons and of family 

22 reunification; and 

23 (D) support for programs that provide as24 sistance to women who were displaced due to a 

25 complex humanitarian emergency, including—
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1 (i) psycho-social counseling; 

2 (ii) training related to income genera3 tion and employment skills; and 

4 (iii) emergency health care required to 

5 respond to gender-based violence; and 

6 (2) the United Nations High Commissioner for 

7 Refugees should review—

8 (A) its placement practices to ensure 

9 that—

10 (i) senior protection officials are as11 signed to the posts where women and chil12 dren are in the most danger of gender13 based violence or exploitation; 

14 (ii) experienced protection officers are 

15 present at border crossings; and 

16 (iii) more female staff are present in 

17 camps for refugees or displaced persons; 

18 and 

19 (B) its personnel system to facilitate the 

20 hiring of successful junior professional officers 

21 on a permanent basis following their initial 

22 tours of duty. 

23 (b) REPORT.—Not later than 90 days after the date 

24 of enactment of this Act, the Secretary shall report to the 

25 appropriate congressional committees any steps taken to 
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1 develop the protection initiatives described in subsection 

2 (a). 

3 SEC. 309. ACCOUNTABILITY. 

4 (a) REQUIRED ACTIONS.—Each coordinator shall—

5 (1) report allegations of gender-based violence, 

6 exploitation of children, and other protection viola7 tions to the Inter-Agency Standing Committee for 

8 appropriate response; and 

9 (2) request an annual report from the United 

10 Nations High Commissioner for Refugees on the ac11 tions taken by the High Commissioner to prevent 

12 gender-based violence, exploitation of children, and 

13 other protection violations. 

14 (b) REPORT.—Not later than 90 days after the date 

15 of enactment of this Act, and annually thereafter, the Sec16 retary shall transmit to the appropriate congressional 

17 committees the report described in paragraph (2) of sub18 section (a). 

19 TITLE IV—POSTCONFLICT RE20 CONSTRUCTION AND REHA21 BILITATION 

22 SEC. 401. FINDINGS. 

23 Congress makes the following findings and state24 ments of policy: 
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1 (1) The United Nations Security Council Reso2 lution 1325 of October 31, 2000, called on all actors 

3 involved in the negotiation and implementation of 

4 peace agreements to address the specific needs of 

5 women and girls during and after armed conflicts. 

6 (2) Women and children can play an important 

7 role in the prevention and resolution of armed con8 flicts and in peace-building. 

9 (3) Despite positive roles of women in fostering 

10 peace, they are excluded from most peace negotia11 tions at the diplomatic and operational level. 

12 (4) Effective institutional arrangements de13 signed to ensure the protection and full participation 

14 of women and youth in the peace process, including 

15 peacekeeping as well as peace-building, can signifi16 cantly contribute to the maintenance and promotion 

17 of international peace and security. 

18 (5) Rape should receive special attention by war 

19 crimes tribunals, truth and reconciliation panels, and 

20 other organs of justice. 

21 (6) Assistance that is linked to peace processes 

22 should support and strengthen women’s roles as eco23 nomic leaders and assist women in accessing the 

24 global marketplace.
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1 (7) Women must be afforded an equal role in 

2 decisionmaking to ensure that their interests are 

3 represented at all levels of government. 

4 SEC. 402. SUPPORT FOR COMMUNITIES AND FORMER COM5 BATANTS. 

6 (a) REQUIREMENT FOR PROGRAMS.—The Secretary, 

7 in conjunction with the Administrator for the United 

8 States Agency for International Development, shall de9 velop and implement specific programs to provide assist10 ance to communities that have been affected by a complex 

11 humanitarian emergency and to former combatants, in12 cluding: 

13 (1) ECONOMIC DEVELOPMENT.—Multi-year eco14 nomic development programs that are intended to 

15 provide gender-balanced benefits and to assist fe16 male heads of households. 

17 (2) PRODUCTIVE ASSETS.—Programs to in18 crease access to or ownership of productive assets 

19 such as land, agricultural equipment, and credit by 

20 women. 

21 (3) EDUCATION AND TRAINING.—Education 

22 and training programs that are integrated with eco23 nomic development programs to encourage the re24 integration of former combatants into society and to 
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1 promote post-conflict stability in affected commu2 nities. 

3 (4) EXTENSION OF EDUCATION AND TRAIN4 ING.—Programs to extend education and training, 

5 including training in business development, to 

6 women and girls. 

7 (5) POLITICAL EMPOWERMENT.—Programs to 

8 politically empower women, including training to as9 sist women and women’s organizations in under10 standing legal systems, electoral processes, legisla11 tion advocacy, and the role of the media, public af12 fairs and information technology in politics, and in 

13 obtaining leadership positions. 

14 (b) PROGRAMS OF THE INTERNATIONAL BANK FOR

15 RECONSTRUCTION AND DEVELOPMENT.—The United 

16 States Executive Director of the International Bank for 

17 Reconstruction and Development shall work to ensure that 

18 disarmament, demobilization, and reintegration programs 

19 developed and funded by the International Bank for Re20 construction and Development provide benefits to former 

21 combatants that are comparable to the benefits provided 

22 by such programs to other individuals. 

23 SEC. 403. POLICE REFORM AND ACCOUNTABILITY. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 
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1 (1) In many developing and postconflict coun2 tries, police and military forces continue to function 

3 as instruments of repression, coercion, and central4 ized power, even after a transition to democracy has 

5 begun. 

6 (2) In order for a transitional, postconflict soci7 ety to become stable and democratic, it is necessary 

8 for the government of such society to make a clear 

9 separation between police and military functions, 

10 and clearly define the military forces that are sub11 ject to civilian, democratic control, and the point at 

12 which police forces become accountable, representa13 tive service-providers to local communities. 

14 (3) Police officers in developing and postconflict 

15 countries are often paid minimal salaries and receive 

16 little or improper training, resulting in widespread 

17 police corruption and citizens viewing the police as 

18 an obstacle to justice rather than the enforcer of 

19 justice. 

20 (4) Successful professionalization and demo21 cratic reform of police forces requires not only ade22 quate financial resources, but also concurrent 

23 strengthening of the rule of law and system of jus24 tice, transparency, and cooperation with local com25 munity and human rights organizations, removal of 
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1 corrupt and abusive personnel, and political will for 

2 meaningful reform at the highest levels of govern3 ment. 

4 (b) REPORT.—Not later than 90 days after the date 

5 of enactment of this Act, the Secretary shall submit a re6 port to the appropriate congressional committees on all 

7 current programs to assist nations to reconstitute civilian 

8 police authority and capability following a complex human9 itarian emergency, including ensuring the enforcement of 

10 laws that are designed to protect women and children and 

11 improve accountability for gender-based violence.

12 SEC. 404. SENSE OF CONGRESS REGARDING THE IMPROVE13 MENT OF UNITED NATIONS PEACEKEEPING 

14 OPERATIONS. 

15 It is the sense of Congress that the United Nations 

16 Department of Peacekeeping Operations should—

17 (1) ensure that gender issues are mainstreamed 

18 into its peacekeeping missions, including by estab19 lishing a senior gender advisor post within the De20 partment of Peacekeeping Operations which reports 

21 directly to the Under Secretary General for Peace22 keeping Operations; 

23 (2) provide military, police, and civilian per24 sonnel deployed to areas where women and children 
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1 are at risk of gender-based violence or exploitation 

2 with training materials that—

3 (A) assist such personnel with protecting 

4 and addressing the particular needs of women 

5 and children; and 

6 (B) were developed in consultation with 

7 women’s organizations; and 

8 (3) ensure that the Special Representative of 

9 the Secretary General of the peacekeeping mission 

10 has direct contact with local women leaders or wom11 en’s organizations in the area in which the peace12 keepers are deployed for the purpose of obtaining in13 formation regarding gender-based violence or exploi14 tation of children. 

15 TITLE V—WOMEN AND CHIL16 DREN’S PROTECTION ASSIST17 ANCE 

18 SEC. 501. WOMEN AND CHILDREN’S PROTECTION ASSIST19 ANCE. 

20 Chapter 1 of part I of the Foreign Assistance Act 

21 of 1961 (22 U.S.C. 2151 et seq.) is amended by adding 

22 at the end the following new section:
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1 ‘‘SEC. 135. WOMEN AND CHILDREN’S PROTECTION ASSIST2 ANCE. 

3 ‘‘(a) AUTHORITY.—Notwithstanding any other provi4 sion of law, and subject to the limitations of subsection 

5 (b), the President is authorized to provide assistance for 

6 programs, projects, and activities to promote the security 

7 of, provide equal access to basic services for, and safe8 guard the human rights and dignity of civilian women and 

9 children who are refugees, displaced persons, or living in 

10 areas affected by a complex humanitarian emergency. 

11 Such assistance shall include programs—

12 ‘‘(1) to build the capacity of nongovernmental 

13 organizations to protect women and children during 

14 a complex humanitarian emergency, by training 

15 staff, incorporating cross-sectored initiatives that 

16 promote child protection, collecting and analyzing 

17 data, developing curricula, designing field programs, 

18 and building local partnerships; 

19 ‘‘(2) to support local and international non20 governmental initiatives to prevent, detect, and re21 port exploitation of children and gender-based vio22 lence, including through the provision of training hu23 manitarian protection monitors for refugees and in24 ternally displaced persons; 

25 ‘‘(3) to conduct protection and security assess26 ments for refugees and internally displaced persons 
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•HR 2536 IH 

1 in camps or in communities, with special emphasis 

2 on the security of women and children for the pur3 poses of improving the design and security of camps 

4 for refugees and internally displaced persons, includ5 ing provision for lights, fences, radios, and other lo6 gistics and durable goods; 

7 ‘‘(4) to provide, when practicable, education 

8 during a complex humanitarian emergency, including 

9 primary, secondary, remedial, and accelerated edu10 cation, vocational and technical training, health and 

11 safety awareness, and other structured activities 

12 that create safe spaces for children and adolescents, 

13 especially for girls; 

14 ‘‘(5) to reintegrate and rehabilitate former com15 batants and survivors of gender-based violence, in16 cluding through remedial and accelerated education, 

17 technical, and vocational training, psychosocial as18 sistance and trauma counseling, family and commu19 nity reinsertion, medical assistance, and strength20 ening community systems to support sustained re21 integration; 

22 ‘‘(6) to establish registries and clearinghouses 

23 to trace relatives and begin family reunification, 

24 with a specific focus on helping children find their 

25 families; 
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1 ‘‘(7) to provide interim care and placement for 

2 separated children and orphans, including moni3 toring and followup services; 

4 ‘‘(8) to provide legal services for survivors of 

5 rape, torture, and other forms of gender-based vio6 lence, including the collection of evidence for war 

7 crimes tribunals and advocacy for legal reform; and 

8 ‘‘(9) to provide training in human rights and 

9 humanitarian law, particularly as they relate to the 

10 protection of women and children, to local law en11 forcement personnel in areas of high concentration 

12 of refugees and internally displaced persons. 

13 ‘‘(b) COMPLEX HUMANITARIAN EMERGENCY DE14 FINED.—In this section, the term ‘complex humanitarian 

15 emergency’ means a situation that—

16 ‘‘(1) occurs outside the United States and re17 sults in a significant number of—

18 ‘‘(A) refugees; 

19 ‘‘(B) internally displaced persons; or 

20 ‘‘(C) other civilians requiring basic human21 itarian assistance on an urgent basis; and 

22 ‘‘(2) is caused by one or more situations includ23 ing—

24 ‘‘(A) armed conflict; 

25 ‘‘(B) natural disaster; 
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1 ‘‘(C) significant food shortage; or 

2 ‘‘(D) state-sponsored harassment or perse3 cution. 

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

5 ‘‘(1) IN GENERAL.—There is authorized to be 

6 appropriated to the President $45,000,000 for each 

7 of fiscal years 2004 and 2005 to carry out this sec8 tion. 

9 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

10 authorized to be appropriated under paragraph (1), 

11 in each fiscal year, $25,000,000 shall be adminis12 tered by the United States Agency for International 

13 Development and $20,000,000 shall be administered 

14 by the Department of State. 

15 ‘‘(3) LIMITATION.—Of the amounts authorized 

16 to be appropriated under paragraph (1)—

17 ‘‘(A) not more than $2,000,000 shall be 

18 made available in a fiscal year for the programs 

19 described in subsection (a)(5); and 

20 ‘‘(B) not more than $2,000,000 may be 

21 transferred in each fiscal year to the Depart22 ment of Justice to provide training for foreign 

23 law enforcement personnel in the investigation 

24 and prosecution of gender-based violence and 

25 exploitation of children. 
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1 ‘‘(4) RELATION TO EXISTING LAW.—The au2 thority provided by subsection (a) shall be subject to 

3 the limitations and prohibitions contained in section 

4 104(f). 

5 ‘‘(5) ADDITIONAL FUNDS.—Amounts authorized 

6 to be appropriated by this section shall be made 

7 available, in addition to funds otherwise made avail8 able under this part, to the Department of State for 

9 the Migration and Refugee Assistance account or the 

10 Emergency Refugee and Migration Assistance ac11 count, or to the United States Agency for Inter12 national Development for the International Disaster 

13 Assistance account. 

14 ‘‘(6) COMPETITIVE GRANTS.—Amounts author15 ized to be appropriated by this section shall be made 

16 available in the form of grants and cooperative 

17 agreements that are issued on an open and competi18 tive basis. 

19 ‘‘(7) AVAILABILITY OF FUNDS.—Amounts ap20 propriated pursuant to this section are authorized to 

21 remain available until expended.’’.

Æ