I 

108TH CONGRESS 

2D SESSION H. R. 4058

To authorize assistance for civilians in foreign countries who have been 

affected by conflict, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2004

Mr. HYDE introduced the following bill; which was referred to the Committee 

on International Relations 

A BILL

To authorize assistance for civilians in foreign countries who 

have been affected by conflict, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘United States Assistance for Civilians Affected by Con6 flict Act of 2004’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings and purposes. 
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TITLE I—ACTIONS TO RESPOND TO COMPLEX HUMANITARIAN 

EMERGENCIES IN FOREIGN COUNTRIES 

Subtitle A—Interagency policy planning and implementation process 

Sec. 101. Findings. 

Sec. 102. Declaration of policy. 

Sec. 103. Interagency policy planning and implementation process. 

Subtitle B—Actions to respond to complex humanitarian emergencies in 

foreign countries 

Sec. 111. Findings. 

Sec. 112. Actions to respond to complex humanitarian emergencies in foreign 

countries. 

Sec. 113. International disaster assistance. 

Sec. 114. Initiatives to provide protection for people affected by complex humanitarian emergencies in foreign countries. 

Sec. 115. Health services for women affected by complex humanitarian emergencies in foreign countries. 

TITLE II—ASSISTANCE TO RESPOND TO CRISES IN FOREIGN 

COUNTRIES 

Sec. 201. Assistance to respond to crises in foreign countries. 

TITLE III—ASSISTANCE FOR COUNTRIES EMERGING FROM CONFLICT; INTERNATIONAL WAR VICTIMS ASSISTANCE; UNITED 

STATES FAMINE PREVENTION AND MITIGATION FUND 

Sec. 301. Assistance for countries emerging from conflict; international war victims assistance; United States Famine Prevention and Mitigation Fund. 

TITLE IV—PROTECTION FOR CIVILIANS IN FOREIGN COUNTRIES 

AFFECTED BY CONFLICT 

Sec. 401. Findings and purposes. 

Sec. 402. Requirement to develop integrated strategy. 

Sec. 403. Early warning and early action systems. 

Sec. 404. Whistleblower system. 

Sec. 405. Code of conduct for nongovernmental organizations that provide assistance to refugees or internally displaced persons. 

Sec. 406. Review of operations at refugee and displaced persons camps. 

Sec. 407. International military education and training.

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the United 

5 States Agency for International Development. 
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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on International Re4 lations of the House of Representatives and the 

5 Committee on Foreign Relations of the Senate. 

6 (3) CHILDREN.—The term ‘‘children’’ means 

7 persons who have not attained the age of 18. 

8 (4) COMPLEX HUMANITARIAN EMERGENCY.—

9 The term ‘‘complex humanitarian emergency’’ means 

10 a situation in which a significant number of refu11 gees, internally displaced persons, or other civilians 

12 require protection or humanitarian assistance on an 

13 urgent basis due to armed conflict, civil strife, sig14 nificant civil disturbance, disorder, or breakdown of 

15 authority, or state-sponsored harassment or persecu16 tion. 

17 (5) EXPLOITATION OF CHILDREN.—The term 

18 ‘‘exploitation of children’’ means—

19 (A) adult sexual activity with children; 

20 (B) kidnapping or forcibly separating chil21 dren from their families; 

22 (C) subjecting children to the worst forms 

23 of child labor; 
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1 (D) forcing children to commit or witness 

2 acts of violence, including compulsory recruit3 ment into armed forces or as combatants; and 

4 (E) withholding or obstructing access of 

5 children to food, shelter, medicine, and basic 

6 human services. 

7 (6) GENDER-BASED VIOLENCE.—The term 

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

9 person based on gender, including—

10 (A) rape; 

11 (B) sexual assault or torture; 

12 (C) sex trafficking or trafficking in per13 sons; 

14 (D) demands for sex in exchange for em15 ployment, goods, services, or protection; 

16 (E) withholding or obstructing access to 

17 food, shelter, medicine, and basic human serv18 ices; and 

19 (F) other forms of violence based on gen20 der. 

21 (7) HIV.—The term ‘‘HIV’’ means the human 

22 immunodeficiency virus, the virus that causes the ac23 quired immune deficiency syndrome (AIDS). 

24 (8) HUMANITARIAN ASSISTANCE.—The term 

25 ‘‘humanitarian assistance’’ means basic assistance to 
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1 save lives, alleviate suffering, and protect livelihoods, 

2 such as medical assistance, food assistance, and 

3 basic supplies and services to promote adequate 

4 health, sanitation, shelter, and livelihoods, including 

5 assistance for the relief and rehabilitation of the 

6 people of a country that has been affected by a nat7 ural disaster. 

8 (9) PROTECTION.—The term ‘‘protection’’, with 

9 respect to an individual, a family, a group, or a com10 munity, means all appropriate measures to promote 

11 the physical and psychological security of, provide 

12 equal access to basic services for, and safeguard the 

13 legal and human rights and dignity of, individuals, 

14 families, groups, and communities. 

15 (10) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of State. 

17 (11) SEX TRAFFICKING.—The term ‘‘sex traf18 ficking’’ has the meaning given the term in section 

19 103 of Trafficking Victims Protection Act of 2000 

20 (22 U.S.C. 7102). 

21 (12) TRAFFICKING IN PERSONS.—The term 

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

23 term ‘‘severe forms of trafficking in persons’’ in sec24 tion 103 of the Trafficking Victims Protection Act 

25 of 2000 (22 U.S.C. 7102). 
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1 (13) WORST FORMS OF CHILD LABOR.—The 

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

3 given the term in article 3 of Convention Number 

4 182 of the International Labor Organization. 

5 SEC. 3. FINDINGS AND PURPOSES. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The United States has a long tradition of 

8 providing assistance to the people of foreign coun9 tries during times of disaster, crisis, and complex 

10 humanitarian emergencies. The United States has 

11 also assisted foreign countries recover after these 

12 events. 

13 (2) The bounty of our Nation’s farmland and 

14 the efficiency and productivity of American farmers 

15 have made the United States the world’s leading 

16 donor of food assistance to people in need during 

17 times of disaster, crisis, or complex humanitarian 

18 emergencies. 

19 (3) United States citizens have worked overseas 

20 during times of disaster, crisis, or complex humani21 tarian emergencies, often at great danger to them22 selves, furthering United States interests while im23 proving their own understanding of the world and 

24 the lives of others, whether volunteering with church 

25 and civic organizations, working for relief and devel-
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1 opment agencies, or in the service of the United 

2 States Government. 

3 (4) The compassion of the people of the United 

4 States informs our actions as a Nation and a Gov5 ernment, and has caused us to willingly help others 

6 in need, through private and public generosity and 

7 through the provision of protection and assistance to 

8 refugees, our solidarity with the world’s dispos9 sessed, and our concern about and action on behalf 

10 of those less fortunate. 

11 (5) The complex humanitarian emergencies that 

12 characterize the post-cold war period have resulted 

13 in massive humanitarian need and suffering but also 

14 a corresponding outpouring of support from the peo15 ple of the United States. 

16 (6) It is thus part of our history, present, and 

17 future that the United States will assist peace-loving 

18 people during times of disaster, crisis, and complex 

19 humanitarian emergencies, and to recover and re20 build after such events. 

21 (b) PURPOSES.—The purposes of this Act, and the 

22 amendments made by this Act, are—

23 (1) to improve United States actions to respond 

24 to complex humanitarian emergencies in foreign 

25 countries, including by—
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1 (A) establishing an effective United States 

2 Government interagency policy planning and 

3 implementation process to prepare for and re4 spond to such emergencies; and 

5 (B) providing protection for people affected 

6 by a complex humanitarian emergency and pro7 viding assistance to foreign countries affected 

8 by such an emergency; 

9 (2) to provide assistance to respond to crises in 

10 foreign countries; 

11 (3) to provide assistance to support democracy 

12 and long-term development in certain foreign coun13 tries; 

14 (4) to provide protection for civilians affected 

15 by conflict; and 

16 (5) to improve post-conflict reconstruction ef17 forts in certain foreign countries. 
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1 TITLE I—ACTIONS TO RESPOND 

2 TO COMPLEX HUMANITARIAN 

3 EMERGENCIES IN FOREIGN 

4 COUNTRIES 

5 Subtitle A—Interagency Policy 

6 Planning and Implementation 

7 Process 

8 SEC. 101. FINDINGS. 

9 Congress finds the following: 

10 (1) Advance planning, coordinated action, and 

11 harmonized execution among the Federal depart12 ments and agencies responsible for the conduct of 

13 foreign affairs and national security are essential to 

14 ensure that the United States response to complex 

15 humanitarian emergencies in foreign countries is ef16 fective, successful, and consistent with the national 

17 interests of the United States. 

18 (2) Establishment and use of an interagency 

19 policy planning and implementation process is essen20 tial to ensure such planning, action, and execution 

21 is achieved. 

22 (3) The product of such an interagency process, 

23 developed with the participation of officials from 

24 Federal departments and agencies responsible for 

25 the conduct of foreign affairs and national security, 
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1 should clearly articulate the national interests of the 

2 United States involved. 

3 (4) The product of such an interagency process 

4 should include a strategic plan for achieving the pol5 icy objectives of the United States response and de6 lineate divisions of responsibility of the departments 

7 and agencies involved. 

8 (5) Any such strategic plan should be developed 

9 in the context of and in coordination with the broad10 er international effort of which United States oper11 ations are a part. 

12 SEC. 102. DECLARATION OF POLICY. 

13 Congress declares the following: 

14 (1) The United States Government should es15 tablish and implement an interagency policy plan16 ning and implementation process among the Federal 

17 departments and agencies responsible for the con18 duct of foreign affairs and national security in order 

19 to anticipate and promptly respond to complex hu20 manitarian emergencies in foreign countries. 

21 (2) Such an interagency process should develop 

22 as its product an operational approach that accounts 

23 for economic, political, humanitarian, and military 

24 factors and interests. 
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1 (3) The United States should utilize such plans 

2 for the implementation of response during complex 

3 humanitarian emergencies, foreign crises, and post4 conflict environments, regardless of which Federal 

5 department or agency directs specific complex hu6 manitarian emergency responses or post-conflict re7 construction efforts. 

8 SEC. 103. INTERAGENCY POLICY PLANNING AND IMPLE9 MENTATION PROCESS. 

10 (a) ESTABLISHMENT.—Not later than 90 days after 

11 the date of the enactment of this Act, the President shall 

12 establish among the Federal departments and agencies re13 sponsible for the conduct of foreign affairs and national 

14 security an interagency policy planning and implementa15 tion process to ensure advance planning, coordinated ac16 tion, and harmonized execution to respond to complex hu17 manitarian emergencies in foreign countries and to ensure 

18 that such planning and action is consistent with the na19 tional interests of the United States. 

20 (b) REPORT.—Not later than 120 days after the date 

21 of enactment of this Act, the President shall transmit to 

22 the appropriate congressional committees a report that 

23 contains a summary of the interagency policy planning 

24 and implementation process described in subsection (a), 

25 including a summary of the relevant directive or other 
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1 order, if available, that provides for the establishment of 

2 such interagency process. 

3 Subtitle B—Actions to Respond to 

4 Complex Humanitarian Emer5 gencies in Foreign Countries 

6 SEC. 111. FINDINGS. 

7 Congress finds the following: 

8 (1) The nature of war has changed dramatically 

9 in recent decades, putting civilians at greater risk of 

10 death, disease, displacement, and exploitation. 

11 (2) Civilians, particularly women and children, 

12 account for the vast majority of those individuals ad13 versely affected by complex humanitarian emer14 gencies, including as refugees and internally dis15 placed persons. 

16 (3) The percentage of civilians killed or wound17 ed as a result of hostilities has risen from 5 percent 

18 of all casualties at the beginning of the 20th century 

19 to 65 percent of all casualties during World War II 

20 and to 90 percent of all casualties in more recent 

21 hostilities. Women and children comprise the major22 ity of civilian deaths and the majority of all refugees 

23 from hostilities. 

24 (4) In the 1990s, more than 2,000,000 children 

25 have been killed during wars, more than 4,000,000 
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1 children have survived physical mutilation during 

2 wars, and more than 1,000,000 children were or3 phaned or separated from their families as a result 

4 of wars. 

5 (5) In many armed conflicts, soldiers have de6 stroyed food supplies and productive capacities, sto7 len donated food intended for women and children, 

8 and blocked the distribution of humanitarian assist9 ance. 

10 (6) While the United States has the capacity to 

11 deliver humanitarian assistance to civilians affected 

12 by conflict, there are many populations currently af13 fected by ongoing complex humanitarian emergencies 

14 with respect to which United States assistance has 

15 not been provided. 

16 SEC. 112. ACTIONS TO RESPOND TO COMPLEX HUMANI17 TARIAN EMERGENCIES IN FOREIGN COUN18 TRIES. 

19 Part I of the Foreign Assistance Act of 1961 (22 

20 U.S.C. 2151 et seq.) is amended by inserting after chapter 

21 3 the following new chapter: 
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1 ‘‘CHAPTER 4—ACTIONS TO RESPOND TO 

2 COMPLEX HUMANITARIAN EMER3 GENCIES IN FOREIGN COUNTRIES 

4 ‘‘SEC. 401. DECLARATION OF POLICY. 

5 ‘‘Congress, recognizing that prompt United States 

6 action to respond to complex humanitarian emergencies 

7 in foreign countries, including to alleviate the suffering of 

8 civilians affected by such emergencies, is an important ex9 pression of the humanitarian concern and tradition of the 

10 people of the United States, affirms the willingness of the 

11 United States to respond to such emergencies by providing 

12 protection for people affected by a complex humanitarian 

13 emergency and providing assistance to foreign countries 

14 affected by such an emergency. 

15 ‘‘SEC. 402. COORDINATION. 

16 ‘‘(a) APPOINTMENT OF SPECIAL COORDINATOR.—

17 ‘‘(1) IN GENERAL.—On a case-by-case basis or 

18 generally, the President is authorized to appoint a 

19 Special Coordinator to ensure that, in accordance 

20 with section 103(a) of the United States Assistance 

21 for Civilians Affected by Conflict Act of 2004, the 

22 Federal departments and agencies responsible for 

23 the conduct of foreign affairs and national security 

24 undertake advance planning, coordinated action, and 

25 harmonized execution to respond to complex human-
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1 itarian emergencies in foreign countries and to en2 sure that such planning and action is consistent with 

3 the national interests of the United States. 

4 ‘‘(2) RANK.—The individual appointed pursu5 ant to subsection (a) may have the rank of ‘Special 

6 Assistant to the President’. 

7 ‘‘(b) COORDINATION WITH OTHER PROGRAMS.—In 

8 carrying out the functions described in this chapter, and 

9 consistent with section 101 of the National Security Act 

10 of 1947 (50 U.S.C. 402), the President shall ensure co11 ordination of the assistance authorized under this chapter 

12 with foreign economic assistance programs and activities 

13 carried out by all other Federal departments and agencies. 

14 ‘‘SEC. 403. ACTIONS TO RESPOND TO COMPLEX HUMANI15 TARIAN EMERGENCIES IN FOREIGN COUN16 TRIES. 

17 ‘‘(a) AUTHORIZATION.—Notwithstanding any other 

18 provision of law, whenever the President determines it to 

19 be important to the national interest of the United States, 

20 the President is authorized to take the actions described 

21 in subsection (b) and such other actions as the President 

22 may determine to respond to complex humanitarian emer23 gencies in foreign countries. 

24 ‘‘(b) ACTIONS.—The actions referred to in subsection 

25 (a) are the following: 
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1 ‘‘(1) Provide protection for people affected by a 

2 complex humanitarian emergency. 

3 ‘‘(2) Provide assistance to foreign countries af4 fected by a complex humanitarian emergency, or to 

5 international organizations or private voluntary or6 ganizations, on such terms and conditions as the 

7 President may determine, for the benefit of such af8 fected countries, including—

9 ‘‘(A) humanitarian assistance; 

10 ‘‘(B) assistance relating to conflict preven11 tion and mitigation, the prediction of and prep12 aration for conflict, and contingency planning 

13 for the humanitarian consequences of a complex 

14 humanitarian emergency; and 

15 ‘‘(C) assistance to promote the demobiliza16 tion of combatants and reintegration of former 

17 combatants into civilian life following the con18 clusion of a complex humanitarian emergency, 

19 notwithstanding any provision of law that pro20 hibits assistance to the armed forces of a for21 eign country. 

22 ‘‘(c) ADDITIONAL REQUIREMENT.—The President 

23 shall ensure that the actions taken under this section 

24 shall, to the greatest extent possible, benefit the individ25 uals or entities that are most in need. 
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1 ‘‘SEC. 404. LIMITATION. 

2 ‘‘Amounts available to carry out this chapter may not 

3 be used to provide assistance to respond to natural disas4 ters. 

5 ‘‘SEC. 405. NOTIFICATION OF OBVIATION OF PROVISIONS 

6 OF LAW. 

7 ‘‘(a) IN GENERAL.—If the provision of assistance 

8 under this chapter necessitates the obviation of any provi9 sion of law, the President shall notify the appropriate con10 gressional committees not later than 7 days after the date 

11 on which the determination is made to obviate the provi12 sions of law involved. 

13 ‘‘(b) CONTENTS OF NOTIFICATION.—The notification 

14 referred to in subsection (a) shall include an explanation 

15 of the assistance being provided, the provisions of law to 

16 be obviated, and a justification and explanation as to why 

17 the provision of assistance requires the obviation of the 

18 provisions of law involved. 

19 ‘‘SEC. 406. DEFINITIONS. 

20 ‘‘In this chapter: 

21 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘appropriate congressional com23 mittees’ means the Committee on International Re24 lations of the House of Representatives and the 

25 Committee on Foreign Relations of the Senate. 
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1 ‘‘(2) COMPLEX HUMANITARIAN EMERGENCY.—

2 The term ‘complex humanitarian emergency’ means 

3 a situation in which a significant number of refu4 gees, internally displaced persons, or other civilians 

5 require protection or humanitarian assistance on an 

6 urgent basis due to armed conflict, civil strife, sig7 nificant civil disturbance, disorder, or breakdown of 

8 authority, or state-sponsored harassment or persecu9 tion. 

10 ‘‘(3) HUMANITARIAN ASSISTANCE.—The term 

11 ‘humanitarian assistance’ means basic assistance to 

12 save lives, alleviate suffering, and protect livelihoods, 

13 such as medical assistance, food assistance, and 

14 basic supplies and services to promote adequate 

15 health, sanitation, shelter, and livelihoods. 

16 ‘‘(4) PROTECTION.—The term ‘protection’, with 

17 respect to an individual, a family, a group, or a com18 munity, means all appropriate measures to promote 

19 the physical and psychological security of, provide 

20 equal access to basic services for, and safeguard the 

21 legal and human rights and dignity of, individuals, 

22 families, groups, and communities. 
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1 ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated to the President to carry out this chapter 

4 $100,000,000 for each of the fiscal years 2005 and 2006. 

5 ‘‘(b) AVAILABILITY.—Amounts appropriated pursu6 ant to the authorization of appropriations under sub7 section (a) are authorized to remain available until ex8 pended.’’. 

9 SEC. 113. INTERNATIONAL DISASTER ASSISTANCE. 

10 Section 492(a) of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2292a(a)) is amended by striking 

12 ‘‘$25,000,000 for fiscal year 1986 and $25,000,000 for 

13 fiscal year 1987’’ and inserting ‘‘$135,500,000 for each 

14 of the fiscal years 2005 and 2006’’. 

15 SEC. 114. INITIATIVES TO PROVIDE PROTECTION FOR PEO16 PLE AFFECTED BY COMPLEX HUMANITARIAN 

17 EMERGENCIES IN FOREIGN COUNTRIES. 

18 (a) UNITED STATES INITIATIVES.—

19 (1) AUTHORIZATION.—The President is author20 ized, under the authority of chapter 4 of part I of 

21 the Foreign Assistance Act of 1961 (as added by 

22 section 112 of this Act), to develop and undertake 

23 protection initiatives, including protection initiatives 

24 for civilian women and children who are refugees, 

25 displaced persons, or living in areas affected by a 

26 complex humanitarian emergency, including—
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1 (A) training of field workers on identifying 

2 and responding to violence, particularly gender3 based violence, and the exploitation of children; 

4 (B) support for the rapid deployment of 

5 protection officers to countries affected by com6 plex humanitarian emergencies; 

7 (C) support for registration initiatives to 

8 document refugees and internally displaced per9 sons for purposes of facilitating the provision of 

10 humanitarian assistance to such persons and 

11 the reunification of families; and 

12 (D) support for programs that provide as13 sistance to civilians who are displaced due to 

14 such an emergency, including—

15 (i) psycho-social counseling; 

16 (ii) training related to income genera17 tion and employment skills; and 

18 (iii) emergency health care required to 

19 respond to gender-based violence. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.—Of 

21 the amounts made available to carry out chapter 4 

22 of part I of the Foreign Assistance Act of 1961 (as 

23 added by section 112 of this Act) or of the amounts 

24 appropriated under the heading ‘‘Migration and Ref25 ugee Assistance’’, there are authorized to be appro-
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1 priated to the President such sums as may be nec2 essary for the fiscal years 2005 and 2006 to carry 

3 out this section. 

4 (b) UNITED NATIONS INITIATIVES.—It is the sense 

5 of Congress that the United Nations High Commissioner 

6 for Refugees should review—

7 (1) its personnel practices to ensure that—

8 (A) senior protection officers are assigned 

9 to the posts where women and children are in 

10 the most danger of gender-based violence or ex11 ploitation; 

12 (B) experienced protection officers are 

13 present at border crossings; and 

14 (C) more female staff are present in camps 

15 for refugees or displaced persons; and 

16 (2) its personnel practices to facilitate the hir17 ing of successful junior professional officers on a 

18 permanent basis following their initial tours of duty. 

19 (c) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act, the Secretary of State shall 

21 submit to the appropriate congressional committees a re22 port that contains a description of any steps that have 

23 been taken to establish or carry out subsections (a) and 

24 (b). 
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1 SEC. 115. HEALTH SERVICES FOR WOMEN AFFECTED BY 

2 COMPLEX HUMANITARIAN EMERGENCIES IN 

3 FOREIGN COUNTRIES. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) A complex humanitarian emergency pre7 sents increased risks for women and girls. 

8 (2) Women who are refugees or internally dis9 placed persons face heightened risks of developing 

10 complications during pregnancy, suffering a mis11 carriage, dying, being injured during childbirth, be12 coming infected with HIV or another sexually trans13 mitted infection, or suffering from post-traumatic 

14 stress disorder. 

15 (3) Despite the heightened risks for women 

16 during a complex humanitarian emergency, women’s 

17 needs for specialized health services have often been 

18 overlooked by donors and relief organizations, which 

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

20 (4) Priority activities and emergency supplies 

21 designed to address life-threatening women’s health 

22 problems during a complex humanitarian emergency 

23 are often not implemented or made available in the 

24 early days and weeks of the emergency, the period 

25 when such activities and supplies are most needed 

26 and may be most effective. 
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1 (b) DECLARATION OF POLICY.—Congress declares 

2 that it shall be the policy of the United States to ensure 

3 that organizations funded by the United States Govern4 ment that respond to complex humanitarian emergencies 

5 in foreign countries have the resources necessary to ad6 dress the specific health needs of women affected by such 

7 emergencies in order—

8 (1) to prevent and manage the consequences of 

9 sexual violence; 

10 (2) to reduce transmission of HIV; 

11 (3) to provide obstetric care; 

12 (4) to integrate women’s health services into 

13 the primary health care services provided during 

14 such an emergency; and 

15 (5) to provide education to prevent the inci16 dence of gender-based violence, exploitation of 

17 women and children, and the spread of HIV. 

18 TITLE II—ASSISTANCE TO RE19 SPOND TO CRISES IN FOR20 EIGN COUNTRIES 

21 SEC. 201. ASSISTANCE TO RESPOND TO CRISES IN FOREIGN 

22 COUNTRIES. 

23 Part I of the Foreign Assistance Act of 1961 (22 

24 U.S.C. 2151 et seq.) is amended by inserting after chapter 
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1 4 (as added section 112 of this Act) the following new 

2 chapter: 

3 ‘‘CHAPTER 4A—ASSISTANCE TO RESPOND 

4 TO CRISES IN FOREIGN COUNTRIES 

5 ‘‘SEC. 411. ASSISTANCE. 

6 ‘‘Whenever the President determines it to be impor7 tant to the national interest of the United States, the 

8 President is authorized to provide assistance on such 

9 terms and conditions as the President may determine for 

10 the purpose of preventing, preparing for, and responding 

11 to crises in foreign countries, including acts of ethnic 

12 cleansing, mass killings, and genocide, peace and humani13 tarian intervention operations, armed ethnic or civil con14 flicts that pose threats to regional or international peace, 

15 and foreign territorial disputes. 

16 ‘‘SEC. 412. LIMITATION. 

17 ‘‘Amounts available to carry out this chapter may not 

18 be used to provide assistance to respond to natural disas19 ters. 

20 ‘‘SEC. 413. ADMINISTRATIVE PROVISIONS. 

21 ‘‘(a) AUTHORITY.—Assistance under this chapter 

22 may be provided notwithstanding any other provision of 

23 law. 

24 ‘‘(b) NOTIFICATION OF OBVIATION OF PROVISIONS

25 OF LAW.—
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1 ‘‘(1) IN GENERAL.—If the provision of assist2 ance under this chapter necessitates the obviation of 

3 any provision of law, the President shall notify the 

4 appropriate congressional committees not later than 

5 7 days after the date on which the determination is 

6 made to obviate the provisions of law involved. 

7 ‘‘(2) CONTENTS OF NOTIFICATION.—The notifi8 cation referred to in paragraph (1) shall include an 

9 explanation of the assistance being provided, the 

10 provisions of law to be obviated, and a justification 

11 and explanation as to why the provision of assist12 ance requires the obviation of the provisions of law 

13 involved. 

14 ‘‘(c) NOTIFICATION.—

15 ‘‘(1) IN GENERAL.—Whenever the President 

16 makes a determination required by section 411 to 

17 provide assistance under such section, the President 

18 shall notify the appropriate congressional committees 

19 not later than 7 days after the date on which the de20 termination is made. 

21 ‘‘(2) CONTENTS OF NOTIFICATION.—The notifi22 cation referred to in paragraph (1) shall include a 

23 description of the assistance being provided, the pur24 pose of the assistance, and a justification for the as25 sistance. 
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1 ‘‘SEC. 414. DEFINITION. 

2 ‘‘In this chapter, the term ‘appropriate congressional 

3 committees’ has the meaning given the term in section 

4 406(1). 

5 ‘‘SEC. 415. AUTHORIZATION OF APPROPRIATIONS; RELATED 

6 AUTHORITIES. 

7 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

8 amounts made available to carry out chapter 4 of part 

9 II of this Act, there are authorized to be appropriated to 

10 the President from time to time such amounts as may be 

11 necessary to carry out this chapter, except that no amount 

12 of funds may be appropriated which, when added to 

13 amounts previously appropriated but not yet obligated, 

14 would cause such amounts to exceed $100,000,000. 

15 ‘‘(b) RELATED AUTHORITIES.—Amounts appro16 priated pursuant to the authorization of appropriations 

17 under subsection (a)—

18 ‘‘(1) may be referred to as the ‘United States 

19 Foreign Crises Response Fund’; 

20 ‘‘(2) are authorized to remain available until ex21 pended; and 

22 ‘‘(3) are in addition to amounts otherwise avail23 able for such purposes.’’. 
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1 TITLE III—ASSISTANCE FOR 

2 COUNTRIES EMERGING FROM 

3 CONFLICT; INTERNATIONAL 

4 WAR VICTIMS ASSISTANCE; 

5 UNITED STATES FAMINE PRE6 VENTION AND MITIGATION 

7 FUND 

8 SEC. 301. ASSISTANCE FOR COUNTRIES EMERGING FROM 

9 CONFLICT; INTERNATIONAL WAR VICTIMS 

10 ASSISTANCE; UNITED STATES FAMINE PRE11 VENTION AND MITIGATION FUND. 

12 Part I of the Foreign Assistance Act of 1961 (22 

13 U.S.C. 2151 et seq.) is amended by inserting after chapter 

14 4A (as added by section 201 of this Act) the following 

15 new chapter: 

16 ‘‘CHAPTER 4B—ASSISTANCE FOR COUN17 TRIES EMERGING FROM CONFLICT; 

18 INTERNATIONAL WAR VICTIMS AS19 SISTANCE; UNITED STATES FAMINE 

20 PREVENTION AND MITIGATION FUND 

21 ‘‘SEC. 421. ASSISTANCE TO COUNTRIES EMERGING FROM 

22 POLITICAL INSTABILITY, CIVIL STRIFE, OR 

23 ARMED CONFLICT. 

24 ‘‘(a) AUTHORIZATION.—The President is authorized 

25 to provide assistance to support the transition to democ-
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1 racy and long-term development in countries emerging 

2 from political instability, civil strife, or armed conflict. 

3 ‘‘(b) EXAMPLES OF ASSISTANCE.—Assistance re4 ferred to in subsection (a) may include assistance to de5 velop, strengthen, or preserve democratic institutions and 

6 processes, to revitalize basic infrastructure, and to foster 

7 the peaceful resolution of conflict. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) IN GENERAL.—There are authorized to be 

10 appropriated to the President $55,000,000 for each 

11 of the fiscal years 2005 and 2006 to carry out this 

12 section. 

13 ‘‘(2) AVAILABILITY.—Amounts appropriated 

14 pursuant to the authorization of appropriations 

15 under paragraph (1)—

16 ‘‘(A) are authorized to remain available 

17 until expended; and 

18 ‘‘(B) are in addition to amounts otherwise 

19 available for such purpose. 

20 ‘‘(d) ADMINISTRATIVE PROVISIONS.—

21 ‘‘(1) AUTHORITY.—Assistance under this sec22 tion may be provided notwithstanding any other pro23 vision of law. 

24 ‘‘(2) NOTIFICATION OF OBVIATION OF PROVI25 SIONS OF LAW.—
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1 ‘‘(A) IN GENERAL.—If the provision of as2 sistance under this section necessitates the obvi3 ation of any provision of law, the President 

4 shall notify the appropriate congressional com5 mittees not later than 7 days after the date on 

6 which the determination is made to obviate the 

7 provisions of law involved. 

8 ‘‘(B) CONTENTS OF NOTIFICATION.—The 

9 notification referred to in subparagraph (A) 

10 shall include an explanation of the assistance 

11 being provided, the provisions of law to be obvi12 ated, and a justification and explanation as to 

13 why the provision of assistance requires the ob14 viation of the provisions of law involved. 

15 ‘‘(3) NOTIFICATION.—

16 ‘‘(A) IN GENERAL.—Whenever the Presi17 dent makes a determination required by sub18 section (a) to provide assistance under such 

19 subsection, the President shall notify the appro20 priate congressional committees not later than 

21 7 days after the date on which the determina22 tion is made. 

23 ‘‘(B) CONTENTS OF NOTIFICATION.—The 

24 notification referred to in subparagraph (A) 

25 shall include a description of the assistance 
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•HR 4058 IH 

1 being provided, the purpose of the assistance, 

2 and a justification for the assistance. 

3 ‘‘SEC. 422. INTERNATIONAL WAR VICTIMS ASSISTANCE. 

4 ‘‘(a) AUTHORIZATION.—The President is authorized 

5 to provide assistance to victims of civil strife and warfare 

6 in foreign countries. 

7 ‘‘(b) ACTIVITIES.—The programs established pursu8 ant to assistance provided under subsection (a) may in9 clude the following programs, projects, and activities: 

10 ‘‘(1) Development of local capacity to provide 

11 medical and rehabilitation services to victims of civil 

12 strife and warfare in foreign countries, such as—

13 ‘‘(A) support for and training of medical 

14 professionals, including surgeons, nurses, and 

15 physical therapists, to provide effective medical 

16 care for such victims; 

17 ‘‘(B) support for sustainable prosthetic 

18 and orthotic services for such victims; and 

19 ‘‘(C) psychological and social rehabilitation 

20 of such individuals, together with their families 

21 as appropriate, for the reintegration of such in22 dividuals into local communities. 

23 ‘‘(2) Support for policy reform and educational 

24 efforts related to the needs and abilities of individ-
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•HR 4058 IH 

1 uals with disabilities, including victims of civil strife 

2 and warfare. 

3 ‘‘(3) Coordination of programs established pur4 suant to subsection (a) with existing programs for 

5 individuals with disabilities, including victims of civil 

6 strife and warfare, in foreign countries. 

7 ‘‘(4) Support for establishment of appropriate 

8 entities in foreign countries to coordinate programs, 

9 projects, and activities related to assistance for indi10 viduals with disabilities, including victims of civil 

11 strife and warfare. 

12 ‘‘(5) Support for primary, secondary, and voca13 tional education, public awareness and training pro14 grams and other activities that help prevent war-re15 lated injuries and assist individuals with disabilities, 

16 including victims of civil strife and warfare, with 

17 their reintegration into society and their ability to 

18 make sustained social and economic contributions to 

19 society. 

20 ‘‘(c) PRIORITY.—To the maximum extent feasible, as21 sistance under this section shall be provided through non22 governmental organizations, and, as appropriate, through 

23 governments to establish appropriate norms, standards, 

24 and policies related to rehabilitation and issues affecting 
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•HR 4058 IH 

1 individuals with disabilities, including victims of civil strife 

2 and warfare. 

3 ‘‘(d) FUNDING.—Amounts made available to carry 

4 out the other provisions of this part (including chapter 4 

5 of part II of this Act) and the Support for East European 

6 Democracy (SEED) Act of 1989 are authorized to be 

7 made available to carry out this section and are authorized 

8 to be provided notwithstanding any other provision of law 

9 which restricts assistance to foreign countries. 

10 ‘‘SEC. 423. UNITED STATES FAMINE PREVENTION AND MITI11 GATION FUND. 

12 ‘‘(a) AUTHORIZATION.—Whenever the President de13 termines it to be important to the national interests of 

14 the United States, the President is authorized to furnish 

15 on such terms and conditions as the President may deter16 mine assistance under this section for the purpose of meet17 ing unexpected urgent famine needs in foreign countries, 

18 especially relating to complex humanitarian emergencies. 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘appropriate congressional com22 mittees’ has the meaning given the term in section 

23 406(1). 
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1 ‘‘(2) COMPLEX HUMANITARIAN EMERGENCY.—

2 The term ‘complex humanitarian emergency’ has the 

3 meaning given the term in section 406(2). 

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS; RE5 LATED AUTHORITIES.—

6 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—Of 

7 the amounts appropriated for a fiscal year to carry 

8 out title II of the Agricultural Trade Development 

9 and Assistance Act of 1954, there are authorized to 

10 be appropriated to the President for such fiscal year 

11 5 percent of such amounts to carry out this section, 

12 except that no amount of funds may be appropriated 

13 which, when added to amounts previously appro14 priated but not yet obligated to carry out this sec15 tion, would cause such amounts to exceed 

16 $100,000,000. 

17 ‘‘(2) RELATED AUTHORITIES.—Amounts appro18 priated pursuant to the authorization of appropria19 tions under paragraph (1)—

20 ‘‘(A) may be referred to as the ‘United 

21 States Famine Prevention and Mitigation 

22 Fund’; 

23 ‘‘(B) are authorized to remain available 

24 until expended; and 
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•HR 4058 IH 

1 ‘‘(C) are in addition to amounts otherwise 

2 available for such purposes. 

3 ‘‘(d) ADMINISTRATIVE PROVISIONS.—

4 ‘‘(1) AUTHORITY.—Assistance under this sec5 tion may be provided notwithstanding any other pro6 vision of law. 

7 ‘‘(2) NOTIFICATION OF OBVIATION OF PROVI8 SIONS OF LAW.—

9 ‘‘(A) IN GENERAL.—If the provision of as10 sistance under this section necessitates the obvi11 ation of any provision of law, the President 

12 shall notify the appropriate congressional com13 mittees not later than 7 days after the date on 

14 which the determination is made to obviate the 

15 provisions of law involved. 

16 ‘‘(B) CONTENTS OF NOTIFICATION.—The 

17 notification referred to in subparagraph (A) 

18 shall include an explanation of the assistance 

19 being provided, the provisions of law to be obvi20 ated, and a justification and explanation as to 

21 why the provision of assistance requires the ob22 viation of the provisions of law involved. 

23 ‘‘(3) NOTIFICATION.—

24 ‘‘(A) IN GENERAL.—Whenever the Presi25 dent makes a determination required by sub-
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•HR 4058 IH 

1 section (a) to provide assistance under such 

2 subsection, the President shall notify the appro3 priate congressional committees not later than 

4 7 days after the date on which the determina5 tion is made. 

6 ‘‘(B) CONTENTS OF NOTIFICATION.—The 

7 notification referred to in subparagraph (A) 

8 shall include a description of the assistance 

9 being provided, the purpose of the assistance, 

10 and a justification for the assistance.’’. 

11 TITLE IV—PROTECTION FOR CI12 VILIANS IN FOREIGN COUN13 TRIES AFFECTED BY CON14 FLICT 

15 SEC. 401. FINDINGS AND PURPOSES. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) Civilians, particularly women and children, 

19 are increasingly affected by conflict and are targeted 

20 by combatants and armed elements for murder, ab21 duction, forced military conscription, involuntary 

22 servitude, displacement, sexual abuse and slavery, 

23 mutilation, and loss of freedom. 

24 (2) Traditionally, humanitarian response to ci25 vilians affected by conflict has focused on providing 
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•HR 4058 IH 

1 food, medical care, and shelter needs, while placing 

2 less emphasis on the safety and security of people 

3 affected by a complex humanitarian emergency. 

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

5 and respond to violence against civilians, particularly 

6 women and children, when they are refugees or in7 ternally displaced persons. 

8 (4) While the United Nations High Commis9 sioner for Refugees and the Department of State are 

10 charged with protecting refugees, there is no inter11 national organization or United States Government 

12 agency with a clear mandate to protect internally 

13 displaced persons and those at risk of displacement 

14 as a result of a complex humanitarian emergency. 

15 (5) There is a substantial need for the protec16 tion of civilians affected by conflict to be given a 

17 high priority during all complex humanitarian emer18 gencies. 

19 (6) During 2003, an estimated 300,000 chil20 dren have been compulsorily recruited into military 

21 operations around the world, including a large num22 ber of girls who have been forced to work as combat23 ants, cooks, messengers, spies, or sexual slaves for 

24 soldiers. 
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•HR 4058 IH 

1 (7) The use of rape, particularly against women 

2 and girls, is an increasingly common tactic in mod3 ern war. 

4 (8) The international community has a respon5 sibility pursuant to the Protocol Relating to the Sta6 tus of Refugees, signed at New York on October 4, 

7 1967 (19 U.S.T. 6223), the Convention Relating to 

8 the Status of Refugees, signed at Geneva on July 

9 28, 1951, and the Convention Relative to the Pro10 tection of Civilian Persons in Time of War, signed 

11 at Geneva on August 12, 1949 (6 U.S.T. 3516), to 

12 take preventive action that would improve prepared13 ness and reduce the vulnerability of women and chil14 dren to violence and exploitation. 

15 (9) Food rations in camps for refugees and in16 ternally displaced persons are often limited and un17 predictable, and vulnerable women rarely have legiti18 mate opportunities to generate income or products 

19 to barter for additional food and other supplies. 

20 (10) Women and girls who are refugees face 

21 particular threats because of power inequities, in22 cluding being forced to exchange sex for food and 

23 humanitarian supplies, and being at increased risk 

24 of rape and gender-based violence due to poor secu25 rity in refugee camps. 
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•HR 4058 IH 

1 (11) An investigation into sexual exploitation of 

2 refugees by aid workers in West Africa, conducted 

3 by the United Nations Office of Internal Oversight 

4 Services, found many factors that contribute to the 

5 exploitation and abuse of women and children in ref6 ugee situations, including—

7 (A) few women working in key positions in 

8 refugee relief efforts; 

9 (B) insufficient international staff presence 

10 in the camps; 

11 (C) isolation and lack of separate and dis12 tinctly placed sanitary facilities for men and 

13 women; 

14 (D) incomplete rations and delayed deliv15 ery of supplies to refugees; and 

16 (E) lack of punishment for perpetrators, 

17 including adult refugees, of sexual crimes 

18 against children in refugee situations. 

19 (12) Refugees and internally displaced persons 

20 living outside of camps experience a range of serious 

21 problems, including vulnerability to harassment, 

22 abuse, and exploitation by landlords and employers 

23 with little legal recourse, and constant threat of de24 tention, imprisonment, and deportation. 
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•HR 4058 IH 

1 (13) Existing nongovernmental organization 

2 and international agency policies, procedures, train3 ing programs, monitoring, and accountability mecha4 nisms have not protected displaced women and chil5 dren from exploitation and abuse, provided adequate 

6 assistance to survivors, or disciplined offenders and 

7 achieved justice. 

8 (14) The limited presence of protection officers 

9 and other trained managerial staff of the United 

10 Nations High Commissioner for Refugees in camps, 

11 especially at night, exacerbates the vulnerability of 

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

13 camp residents and nearby local residents. 

14 (15) In some circumstances, humanitarian 

15 agencies have failed to make women and children 

16 aware of their rights to protection and assistance, to 

17 give them access to effective channels of redress, and 

18 to make humanitarian workers aware of their duty 

19 to respect these rights and provide adequate assist20 ance. 

21 (b) PURPOSES.—The purposes of this title are—

22 (1) to ensure that the United States Govern23 ment has adequate capabilities to support programs 

24 that provide for the protection of civilians, especially 
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•HR 4058 IH 

1 women and children, who are affected by conflict; 

2 and 

3 (2) to build the capacities of United States 

4 Government agencies, multilateral institutions, inter5 national nongovernmental organizations, local non6 governmental organizations, and local communities 

7 to prevent and respond effectively to gender-based 

8 violence and exploitation of children that occur dur9 ing a complex humanitarian emergency. 

10 SEC. 402. REQUIREMENT TO DEVELOP INTEGRATED STRAT11 EGY. 

12 (a) REQUIREMENT.—The Secretary of State shall, in 

13 consultation with the Administrator, develop an integrated 

14 strategy for the protection of women and children who are 

15 internally displaced, made refugees, or otherwise affected 

16 by a complex humanitarian emergency. 

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

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

19 the appropriate congressional committees a report out20 lining the strategy described in subsection (a). 

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

22 shall include—

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

24 particular threats to, women and children at the var-
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•HR 4058 IH 

1 ious stages of a complex humanitarian emergency, 

2 especially at the onset of such emergency; 

3 (2) a description of which agencies and offices 

4 of the United States Government are responsible for 

5 addressing each aspect of such needs and threats; 

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

7 are being adequately addressed and funded, and 

8 those which require additional attention or re9 sources; 

10 (4) a set of guidelines and recommendations for 

11 improving United States and international systems 

12 for the protection of women and children during a 

13 complex humanitarian emergency; and 

14 (5) a mechanism for coordinating and over15 seeing United States efforts to prevent and respond 

16 to gender-based violence and exploitation of children 

17 that occurs during a complex humanitarian emer18 gency. 

19 SEC. 403. EARLY WARNING AND EARLY ACTION SYSTEMS. 

20 (a) PREVENTIVE ACTIONS.—The Special Coordinator 

21 appointed pursuant to section 402(a) of the Foreign As22 sistance Act of 1961 (as added by section 112 of this Act) 

23 (or, if such Coordinator is not appointed pursuant to such 

24 section, the Administrator of the United States Agency for 

25 International Development) shall—
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•HR 4058 IH 

1 (1) maintain a database of information related 

2 to occurrences of gender-based violence or exploi3 tation of children during a complex humanitarian 

4 emergency; 

5 (2) develop, based on the information contained 

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

7 research—

8 (A) a list of early warning signs that indi9 cate there is a likelihood that gender-based vio10 lence or exploitation of children will occur dur11 ing a complex humanitarian emergency; and 

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

13 countries or regions where there is an increased 

14 risk of gender-based violence or exploitation of 

15 children due to a complex humanitarian emer16 gency to enhance the preparedness of the 

17 United States Government or organizations 

18 funded by the United States Government to re19 spond to such an emergency; 

20 (3) disseminate to United States embassies and 

21 consular posts the lists described in subparagraphs 

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

23 (4) assist embassies and consular posts in re24 sponding to an increased risk of gender-based vio-
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•HR 4058 IH 

1 lence or exploitation of children that may occur dur2 ing a complex humanitarian emergency; 

3 (5) develop a procedure for nongovernmental 

4 organizations to report evidence of gender-based vio5 lence and exploitation of children, during a complex 

6 humanitarian emergency to ensure appropriate re7 sponse by United States officials; and 

8 (6) establish a reporting and monitoring system 

9 for United States diplomatic missions and consular 

10 posts and missions of the United States Agency for 

11 International Development to collect and submit to 

12 the Special Coordinator or Administrator, as appro13 priate, standardized data on evidence that women 

14 and children are being targeted for or are at in15 creased risk of violence or exploitation in complex 

16 humanitarian emergencies. 

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

18 30 days after a country or region is placed on a list main19 tained under subsection (a)(1), each United States diplo20 matic mission and consular post located in such country 

21 or region shall submit to the Special Coordinator or Ad22 ministrator, as appropriate, a description of the measures 

23 undertaken by such mission or post for the protection of 

24 women and children in the event of a complex humani25 tarian emergency. 
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•HR 4058 IH 

1 (c) DISSEMINATION OF INFORMATION.—The Special 

2 Coordinator or Administrator, as appropriate, shall make 

3 available to the public, including to nongovernmental orga4 nizations located in areas where there is an increased risk 

5 of gender-based violence or exploitation of children, the in6 formation, procedures, systems, and measures described in 

7 subsections (a) and (b). 

8 SEC. 404. WHISTLEBLOWER SYSTEM. 

9 (a) DESIGN OF MODEL SYSTEM.—The Secretary of 

10 State should urge the United Nations High Commissioner 

11 for Refugees to work with nongovernmental organizations 

12 to design and implement a model ‘‘whistleblower’’ system 

13 under which humanitarian workers, refugees, and inter14 nally displaced persons can report instances of gender15 based violence or exploitation of children. Such a system 

16 should ensure that—

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

18 or exploitation of children may be made confiden19 tially and without risk of retribution; 

20 (2) such reports are swiftly and thoroughly in21 vestigated and adjudicated; and 

22 (3) appropriate disciplinary action is taken 

23 against a person found to have committed an act of 

24 gender-based violence or exploited a child. 
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•HR 4058 IH 

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

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

3 the appropriate congressional committees a report on 

4 progress that has been made toward designing and imple5 menting the model whistleblower system described in sub6 section (a). 

7 SEC. 405. CODE OF CONDUCT FOR NONGOVERNMENTAL 

8 ORGANIZATIONS THAT PROVIDE ASSISTANCE 

9 TO REFUGEES OR INTERNALLY DISPLACED 

10 PERSONS. 

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

12 made available to carry out this Act, any amendment 

13 made by this Act, or any other provision of law for the 

14 purposes of the provision of assistance to refugees or in15 ternally displaced persons may be provided to a non16 governmental organization that has failed to adopt a code 

17 of conduct regarding the protection of beneficiaries of hu18 manitarian assistance that incorporates the core principles 

19 described in subsection (c). 

20 (b) TERMINATION OF CERTAIN GRANTS, CONTRACTS

21 AND COOPERATIVE AGREEMENTS.—The President shall 

22 ensure that any grant, contract, or cooperative agreement 

23 provided or entered into by a Federal department or agen24 cy which is subject to the limitation contained in sub25 section (a) shall include a condition that authorizes the 
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•HR 4058 IH 

1 department or agency to terminate the grant, contract, or 

2 cooperative agreement, as the case may be, without pen3 alty, if the grantee or any subgrantee, or the contractor 

4 or any subcontractor, violates the code of conduct regard5 ing the protection of beneficiaries of humanitarian assist6 ance that incorporates the core principles described in sub7 section (c). 

8 (c) CORE PRINCIPLES.—The core principles referred 

9 to in subsection (a) are the following: 

10 (1) Sexual exploitation and abuse by humani11 tarian workers constitute acts of gross misconduct 

12 and are therefore grounds for termination of employ13 ment. 

14 (2) Sexual activity with children is prohibited 

15 regardless of the age of majority or age of consent 

16 locally. Mistaken belief regarding the age of a child 

17 is not a defense. 

18 (3) Exchange of money, employment, goods, or 

19 services for sex, including sexual favors or other 

20 forms of humiliating, degrading, or exploitative be21 havior, is prohibited, including exchange of assist22 ance that is due to beneficiaries. 

23 (4) Sexual relationships between the providers 

24 and beneficiaries of humanitarian assistance are 

25 strongly discouraged since they are based on inher-
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•HR 4058 IH 

1 ently unequal power dynamics. Such relationships 

2 undermine the credibility and integrity of humani3 tarian assistance work. 

4 (5) Whenever a humanitarian assistance worker 

5 develops concerns or suspicions regarding sexual 

6 abuse or exploitation by a fellow worker, whether in 

7 the same agency or not, the worker must report 

8 such concerns through established agency reporting 

9 mechanisms. 

10 (6) Humanitarian assistance agencies are 

11 obliged to create and maintain an environment that 

12 prevents sexual exploitation and abuse and promotes 

13 the implementation of their code of conduct. Man14 agers at all levels have particular responsibilities to 

15 support and develop systems that maintain this envi16 ronment. 

17 SEC. 406. REVIEW OF OPERATIONS AT REFUGEE AND DIS18 PLACED PERSONS CAMPS. 

19 It is the sense of Congress that all United States 

20 Government agencies, nongovernmental organizations, 

21 and multilateral organizations that are implementing 

22 United States humanitarian assistance programs should 

23 conduct a thorough review of their administrative, man24 agement, and employment practices at refugee and dis25 placed persons camps for the purposes of—
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•HR 4058 IH 

1 (1) significantly increasing the number of 

2 women involved in the distribution of food and hu3 manitarian supplies; 

4 (2) expanding opportunities for women to gen5 erate legitimate income in the camps, including 

6 through employment in the camps; 

7 (3) educating providers and beneficiaries of hu8 manitarian assistance about the seriousness of gen9 der-based violence and exploitation of children; 

10 (4) improving expatriate supervision and moni11 toring of daily operations in the camps; 

12 (5) improving the design and logistics of camps 

13 to create a safer and more secure environment for 

14 women and children, including through consultation 

15 with female camp residents; 

16 (6) keeping formal and detailed records, includ17 ing photographs, of locally hired staff, and ensuring 

18 that they are adequately paid and trained; 

19 (7) providing training for humanitarian assist20 ance workers on their obligations and responsibilities 

21 under a code of conduct; 

22 (8) developing systems of accountability to 

23 deter and punish gender-based violence, exploitation 

24 of children, and other protection violations including 

25 through identification of procedures for reporting 
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•HR 4058 IH 

1 and investigating allegations of abuse that protect 

2 the safety and confidentiality of the survivors; and 

3 (9) ensuring that applicants for jobs in camps 

4 are screened to prevent individuals who may have 

5 been involved in protection violations from being 

6 hired by camp authorities. 

7 SEC. 407. INTERNATIONAL MILITARY EDUCATION AND 

8 TRAINING. 

9 Section 541 of the Foreign Assistance Act of 1961 

10 (22 U.S.C. 2347) is amended in the second sentence—

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

12 and 

13 (2) by adding at the end before the period the 

14 following: ‘‘, or (v) improve the protection of civil15 ians, especially women and children who are affected 

16 by armed conflict, including those women and chil17 dren who, as a result of an armed conflict, are refu18 gees or displaced persons.’’.

Æ