I 
109TH CONGRESS 
1ST SESSION H. R. 1413 
To make the protection of vulnerable populations, especially women and 
children, who are affected by a humanitarian emergency a priority of 
the United States Government, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2005 
Mrs. LOWEY (for herself, Mr. SHAYS, Mrs. MALONEY, Ms. KAPTUR, Mr. 
DOGGETT, Mr. GEORGE MILLER of California, Mr. EVANS, Mr. WEXLER, 
Mr. MOORE of Kansas, Ms. WOOLSEY, Mrs. JONES of Ohio, Mr. 
ENGLISH of Pennsylvania, Mr. ENGEL, Ms. SOLIS, Mr. SERRANO, Mr. 
OWENS, Mr. CUMMINGS, Mr. MCDERMOTT, Mr. PAYNE, Mr. BROWN of 
Ohio, Ms. ZOE LOFGREN of California, Mr. KUCINICH, Mr. LEWIS of 
Georgia, Mr. SANDERS, Mr. BOEHLERT, Mr. WAXMAN, Mr. LIPINSKI, 
Mr. ALLEN, Ms. CORRINE BROWN of Florida, Ms. NORTON, Mr. 
DELAHUNT, Mr. GRIJALVA, Mr. CROWLEY, Ms. SCHAKOWSKY, Mr. LAN-
TOS, and Mr. MCINTYRE) introduced the following bill; which was re-
ferred to the Committee on International Relations 
A BILL 
To make the protection of vulnerable populations, especially 
women and children, who are affected by a humanitarian 
emergency a priority of the United States Government, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Women and Children 
in Crisis and Conflict Protection Act of 2005’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
Sec. 4. Findings. 
TITLE I—PROGRAM AND POLICY COORDINATION 
Sec. 101. Requirement to develop comprehensive strategy. 
Sec. 102. Designation of Coordinator. 
TITLE II—PREVENTION AND PREPAREDNESS 
Sec. 201. Reporting and monitoring systems. 
Sec. 202. Protection training and expertise. 
TITLE III—PROTECTION OF REFUGEES AND INTERNALLY 
DISPLACED PERSONS 
Sec. 301. Code of conduct for the protection of beneficiaries of humanitarian 
assistance. 
Sec. 302. Health services for refugees and displaced persons. 
Sec. 303. Economic self-sufficiency of vulnerable populations affected by a hu-
manitarian emergency. 
Sec. 304. International military education and training. 
Sec. 305. Sense of Congress regarding actions of United Nations peacekeepers. 
TITLE IV—PROTECTION OF VULNERABLE POPULATIONS 
AFFECTED BY A HUMANITARIAN EMERGENCY 
Sec. 401. Actions to support protection. 
Sec. 402. Protection assistance. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘Agency’’ means the 
United States Agency for International Develop-
ment.
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Appropriations and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on Appropriations and 
the Committee on International Relations of the 
House of Representatives. 
(3) CHILDREN.—The term ‘‘children’’ means 
persons under the age of 18 years. 
(4) COORDINATOR.—The term ‘‘coordinator’’ 
means the individual designated by the Secretary 
under section 102(a). 
(5) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of State. 
(6) EXPLOITATION OF CHILDREN.—The term 
‘‘exploitation of children’’ includes— 
(A) adult sexual activity with children; 
(B) kidnapping or forcibly separating chil-
dren from their families; 
(C) subjecting children to forced child 
labor;
(D) forcing children to commit or witness 
acts of violence, including compulsory recruit-
ment into armed forces or as combatants; and 
(E) withholding or obstructing access of 
children to food, shelter, medicine, and basic 
human services. 
(7) FORMER COMBATANT.—The term ‘‘former 
combatant’’ means a woman or child who was a 
member of or affiliated with an armed group, includ-
ing serving as a cook, porter, or messenger, or in a 
domestic or sexual capacity or in any other support 
role, whether or not the woman or child consented 
to such participation. 
(8) HIV.—The term ‘‘HIV’’ means the human 
immunodeficiency virus, the virus that causes the ac-
quired immune deficiency syndrome (AIDS). 
(9) HUMANITARIAN
EMERGENCY.—The term 
‘‘humanitarian emergency’’ means a situation in 
which, due to a natural or manmade disaster, civil-
ians, including refugees and internally displaced per-
sons, require basic humanitarian assistance. 
(10) INTER-AGENCY STANDING COMMITTEE.— 
The term ‘‘Inter-Agency Standing Committee’’ 
means the Inter-Agency Standing Committee estab-
lished in response to United Nations General Assem-
bly Resolution 46/182 of December 19, 1991. 
(11) PROTECTION.—The term ‘‘protection’’ 
means all appropriate measures to provide for the 
physical and psychological security of, provide equal 
access to basic services for, and safeguard the legal 
and human rights of, individuals. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of State. 
(13) SEX TRAFFICKING.—The term ‘‘sex traf-
ficking’’ has the meaning given the term in section 
103 of Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7102). 
(14) SEXUAL EXPLOITATION AND ABUSE.—The 
term ‘‘sexual exploitation and abuse’’ means causing 
harm to a person through— 
(A) rape; 
(B) sexual assault or torture; 
(C) sex trafficking and trafficking in per-
sons; 
(D) demands for sex in exchange for em-
ployment, goods, services, or protection; and 
(E) other forms of sexual violence. 
(15) TRAFFICKING
IN
PERSONS.—The term 
‘‘trafficking in persons’’ has the meaning given the
term ‘‘severe forms of trafficking in persons’’ in sec-
tion 103 of Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7102). 
(16) VULNERABLE
POPULATIONS.—The term 
‘‘vulnerable populations’’ means those people, such 
as women, children, the disabled, and the elderly, 
who by virtue of their status are at a disadvantage 
in obtaining or accessing goods and services. 
SEC. 4. FINDINGS. 
Congress makes the following findings: 
(1) The nature of war has changed dramatically 
in recent decades, putting civilians, especially women 
and children, at greater risk of death, disease, dis-
placement, and exploitation. 
(2) In the last decade alone, more than 
2,000,000 children have been killed during wars, 
while more than 4,000,000 have survived physical 
mutilation, and more than 1,000,000 have been or-
phaned or separated from their families as a result 
of war. 
(3) The use of rape, particularly against women 
and girls, is an increasingly common tactic in mod-
ern war. 
(4) Civilians, particularly women and children, 
account for the vast majority of those adversely af-
fected by humanitarian emergencies, including as 
refugees and internally displaced persons, and in-
creasingly are targeted by combatants and armed 
elements for murder, abduction, forced military con-
scription, involuntary servitude, displacement, sexual 
abuse and slavery, mutilation, and loss of freedom. 
(5) Large-scale natural disasters, such as the 
tsunami that struck South East Asia, South Asia, 
and East Africa on December 26, 2004, and claimed 
over 200,000 lives, are particularly threatening to 
children, who are often orphaned or separated from 
their families. 
(6) Traditionally, the response to such humani-
tarian emergencies has focused on providing food, 
medical care, and shelter needs, and has placed less 
emphasis on the safety and security of those affected 
by a humanitarian emergency. 
(7) Refugee women and girls face particular 
threats because of power inequities, including being 
forced to exchange sex for food and humanitarian 
supplies, and being at increased risk of rape and 
sexual exploitation and abuse due to poor security in 
refugee camps. 
(8) In some circumstances, humanitarian agen-
cies have failed to make individuals affected by a hu-
manitarian emergency, especially women and chil-
dren, aware of their rights to protection and assist-
ance, to give them access to effective channels of re-
dress, and to make humanitarian workers aware of 
their duty to respect these rights and provide ade-
quate assistance. 
(9) Refugee and displaced women face height-
ened risks of developing complications during preg-
nancy, suffering a miscarriage, dying, being injured 
during childbirth, becoming infected with HIV or 
another sexually transmitted infection, or suffering 
from posttraumatic stress disorder. 
(10) Despite the heightened risks for women 
during a humanitarian emergency, women’s needs 
for specialized health services have often been over-
looked by donors and relief organizations, which are 
focused on providing food, water, and shelter. 
(11) There is a substantial need for the protec-
tion of civilians, especially women and children, to be 
given a high priority during all humanitarian emer-
gencies.
TITLE I—PROGRAM AND POLICY 
COORDINATION 
SEC. 101. REQUIREMENT TO DEVELOP COMPREHENSIVE 
STRATEGY. 
(a) IN GENERAL.—The Secretary shall, in consulta-
tion with the Administrator of the United States Agency 
for International Development, develop a comprehensive 
strategy for the protection of vulnerable populations, espe-
cially women and children, who are affected by a humani-
tarian emergency. The strategy shall include— 
(1) measures to address the specific protection 
needs of women and children; 
(2) training for personnel to respond to the spe-
cific needs of such vulnerable populations; and 
(3) measures taken to comply with section 301. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a report set-
ting forth the strategy described in subsection (a). 
SEC. 102. DESIGNATION OF COORDINATOR. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall des-
ignate an individual within the Department or the Agency 
as the coordinator to be responsible for the oversight and 
coordination of efforts by the Department and the Agency
to provide protection for vulnerable populations, especially 
women and children, affected by a humanitarian emer-
gency. 
(b) CONSULTATION REQUIREMENT.—The Secretary 
shall consult with the Administrator of the United States 
Agency for International Development in making a des-
ignation under subsection (a). 
(c) NOTIFICATION.—Not later than 5 days after des-
ignating an official as a coordinator under subsection (a), 
the Secretary shall inform the appropriate congressional 
committees of such designation. 
TITLE II—PREVENTION AND 
PREPAREDNESS 
SEC. 201. REPORTING AND MONITORING SYSTEMS. 
(a) DUTIES
OF COORDINATOR.—The coordinator 
shall— 
(1) develop and maintain a database of histor-
ical information about occurrences of sexual exploi-
tation and abuse, and other exploitation, of women 
and children during a humanitarian emergency; 
(2) establish a reporting and monitoring system 
for United States diplomatic missions to collect and 
submit to the coordinator information that indicates 
that vulnerable populations, especially women and 
children, are being targeted for or are at substantial
risk of violence or exploitation in humanitarian 
emergencies; 
(3) assist United States diplomatic missions in 
developing responses to situations where there is a 
substantial risk of sexual exploitation and abuse, or 
other exploitation, of women and children that may 
occur during a humanitarian emergency; and 
(4) develop mechanisms for the receipt and dis-
tribution of reports to and from the public and rel-
evant nongovernmental and international organiza-
tions of evidence of sexual exploitation and abuse, 
and other exploitation, of women and children dur-
ing a humanitarian emergency. 
(b) CONSULTATION.—In carrying out duties under 
paragraphs (1) and (2) of subsection (a), the Coordinator 
shall consult with inter-governmental organizations and 
nongovernmental organizations. 
SEC. 202. PROTECTION TRAINING AND EXPERTISE. 
(a) FELLOWSHIP PROGRAM.—The Administrator of 
the United States Agency for International Development 
is authorized to establish a fellowship program at the 
Agency to increase the expertise of the personnel of the 
Agency in developing programs and policies to carry out 
activities related to the protection of vulnerable popu-
lations, especially women and children, affected by a hu-
manitarian emergency. 
(b) TERM OF FELLOWSHIP.—An individual may par-
ticipate in a fellowship under this section for a term of 
not more than 3 years. 
(c) NUMBER OF FELLOWS.—The Administrator is 
authorized to employ up to 10 fellows at any one time 
under this program. 
(d) QUALIFICATION.—An individual is qualified to 
participate in a fellowship under this section if such indi-
vidual has the specific expertise required— 
(1) to develop and implement policies and pro-
grams related to the protection of vulnerable popu-
lations, especially women and children; and 
(2) to promote the exchange of knowledge and 
experience between the Agency and entities that as-
sist the Agency in carrying out assistance programs. 
TITLE III—PROTECTION OF REF-
UGEES AND INTERNALLY DIS-
PLACED PERSONS 
SEC. 301. CODE OF CONDUCT FOR THE PROTECTION OF 
BENEFICIARIES OF HUMANITARIAN ASSIST-
ANCE. 
(a) PROHIBITION.—None of the funds made available 
for foreign operations, export financing, and related pro-
grams under the headings ‘‘Migration and Refugee Assist-
ance’’, ‘‘United States Emergency Refugee and Migration 
Assistance Fund’’, ‘‘International Disaster and Famine 
Assistance’’, or ‘‘Transition Initiatives’’ may be obligated 
to an organization that fails to adopt a code of conduct 
that provides for the protection of beneficiaries of assist-
ance under any such heading from sexual exploitation and 
abuse in humanitarian relief operations. 
(b) SIX CORE PRINCIPLES.—The code of conduct re-
ferred to in subsection (a) shall, to the maximum extent 
practicable, be consistent with the following six core prin-
ciples of the Inter-Agency Standing Committee Task 
Force on Protection From Sexual Exploitation and Abuse 
in Humanitarian Crises: 
(1) ‘‘Sexual exploitation and abuse by humani-
tarian workers constitute acts of gross misconduct 
and are therefore grounds for termination of employ-
ment.’’. 
(2) ‘‘Sexual activity with children (persons 
under the age of 18) is prohibited regardless of the 
age of majority or age of consent locally. Mistaken 
belief regarding the age of a child is not a defense.’’. 
(3) ‘‘Exchange of money, employment, goods, or 
services for sex, including sexual favors or other 
forms of humiliating, degrading or exploitative be-
havior, is prohibited. This includes exchange of as-
sistance that is due to beneficiaries.’’. 
(4) ‘‘Sexual relationships between humanitarian 
workers and beneficiaries are strongly discouraged 
since they are based on inherently unequal power dy-
namics. Such relationships undermine the credibility 
and integrity of humanitarian aid work.’’. 
(5) ‘‘Where a humanitarian worker develops 
concerns or suspicions regarding sexual abuse or ex-
ploitation by a fellow worker, whether in the same 
agency or not, he or she must report such concerns 
via established agency reporting mechanisms.’’. 
(6) ‘‘Humanitarian agencies are obliged to cre-
ate and maintain an environment which prevents 
sexual exploitation and abuse and promotes the im-
plementation of their code of conduct. Managers at 
all levels have particular responsibilities to support 
and develop systems which maintain this environ-
ment.’’. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, and not later than one year 
after the date of the enactment of this Act, the President 
shall transmit to the appropriate congressional committees 
a detailed report on the implementation of this section.
(d) EFFECTIVE DATE; APPLICABILITY.—This sec-
tion— 
(1) takes effect 60 days after the date of the 
enactment of this Act; and 
(2) applies to funds obligated after the effective 
date referred to in paragraph (1)— 
(A) for fiscal year 2005; and 
(B) any subsequent fiscal year. 
SEC. 302. HEALTH SERVICES FOR REFUGEES AND DIS-
PLACED PERSONS. 
(a) PROVISION OF HEALTH SERVICES TO VULNER-
ABLE
POPULATIONS
AFFECTED
BY
HUMANITARIAN 
EMERGENCIES.—The coordinator shall seek to ensure 
that organizations funded by the Department and the 
Agency for the purpose of responding to a humanitarian 
emergency coordinate and implement activities needed to 
respond to the health needs of vulnerable populations, es-
pecially women and children, as soon as practicable and 
not later than 30 days after the onset of a humanitarian 
emergency. 
(b) ACTIVITIES DEFINED.—The activities referred to 
in subsection (a) include activities to— 
(1) prevent and manage the consequences of 
sexual violence; 
(2) reduce transmission of HIV;
(3) provide obstetric care; and 
(4) develop a plan to integrate women’s health 
services into the primary health care services pro-
vided during a humanitarian emergency. 
SEC. 303. ECONOMIC SELF-SUFFICIENCY OF VULNERABLE 
POPULATIONS 
AFFECTED 
BY 
A 
HUMANI-
TARIAN EMERGENCY. 
(a) AMENDMENTS TO MICROENTERPRISE ACT OF 
2000.—Section 102 of the Microenterprise for Self-Reli-
ance Act of 2000 (22 U.S.C. 2151f note) is amended— 
(1) in paragraph (4)— 
(A) by redesignating subparagraphs (B), 
(C), and (D) and subparagraphs (C), (D), and 
(E), respectively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) Women displaced by armed conflict are 
particularly at risk, lacking access to traditional live-
lihoods and means for generating income.’’; and 
(2) in paragraph (13)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
(B) by inserting after subparagraph (A) 
the following:
‘‘(B) Particular efforts should be made to ex-
pand the availability of microcredit programs to in-
ternally displaced persons, who historically have not 
had access to such programs.’’. 
(b) AMENDMENT
TO
THE FOREIGN ASSISTANCE 
ACT.—Section 256(b)(3) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2212(b)(3)) is amended by inserting 
after ‘‘clients’’ the following: ‘‘, including women 
microentrepeneurs,’’. 
SEC. 304. INTERNATIONAL MILITARY EDUCATION AND 
TRAINING. 
Section 541 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2347) is amended— 
(1) by striking ‘‘or (iv)’’ and inserting ‘‘(iv)’’; 
and 
(2) by striking ‘‘rights.’’ and inserting ‘‘rights, 
or (v) improve the protection of civilians, especially 
women and children, including those who are refu-
gees or displaced persons.’’. 
SEC. 305. SENSE OF CONGRESS REGARDING ACTIONS OF 
UNITED NATIONS PEACEKEEPERS. 
It is the sense of Congress that— 
(1) the Secretary-General of the United Nations 
should strengthen the existing ability of the United 
Nations Department of Peacekeeping Operations to
protect civilians, especially women and children, 
from sexual exploitation and abuse by personnel in 
peace operation missions by— 
(A) directing the Department of Peace-
keeping Operations to identify nongovernmental 
organizations and local community officials to 
receive and communicate to senior level mission 
officials credible reports from civilians of sexual 
exploitation and abuse; 
(B) ensuring that there is a mechanism in 
place for all credible allegations of sexual ex-
ploitation and abuse to be brought to the atten-
tion of senior level mission officials in an expe-
dited fashion; 
(C) developing missions based rapid re-
sponse teams to investigate allegations of sexual 
exploitation and abuse; 
(D) improving informational programs for 
United Nations personnel on their responsibility 
not to engage in acts of sexual exploitation and 
abuse and the sanctions for such actions; 
(E) identifying troop contributing coun-
tries that refuse to investigate allegations of 
sexual exploitation and abuse by nationals serv-
ing in peacekeeping missions;
(F) 
permanently 
excluding 
individuals 
found to have engaged in sexual abuse or ex-
ploitation, as well as troop contingent com-
manders and civilian managerial personnel 
complicit in such behavior, from participating in 
future United Nations peacekeeping missions; 
and 
(G) demanding that troop contributing 
countries— 
(i) thoroughly investigate cases in 
which their nationals have been alleged to 
have engaged in sexual abuse or exploi-
tation which on United Nations peace-
keeping missions; and 
(ii) punish those found guilty of such 
misconduct; 
(2) troop contributing states should ensure that 
their soldiers are properly trained on United Nations 
guidelines regarding proper conduct towards civil-
ians, in particular those guidelines that address gen-
der-based violence, before participating in United 
Nations peace operation missions; 
(3) the United Nations should suspend payment 
of peacekeeping funds to countries when there is 
credible evidence of sexual exploitation and abuse by
troops of such countries that are participating in 
peacekeeping operations, and the governments of 
such countries are not investigating or punishing 
such conduct; and 
(4) the Secretary should consider a suspension 
of United States military assistance to countries 
that do not— 
(A) investigate allegations of sexual exploi-
tation and abuse by troops participating in 
United Nations peacekeeping operations; or 
(B) hold perpetrators of such abuse and 
exploitation accountable. 
TITLE IV—PROTECTION OF VUL-
NERABLE POPULATIONS AF-
FECTED BY A HUMANITARIAN 
EMERGENCY 
SEC. 401. ACTIONS TO SUPPORT PROTECTION. 
(a) PROGRAMS OF THE INTERNATIONAL BANK FOR 
RECONSTRUCTION
AND
DEVELOPMENT.—The United 
States Executive Director of the International Bank for 
Reconstruction and Development should take steps to en-
sure that disarmament, demobilization, and reintegration 
programs developed and funded by the International Bank 
for Reconstruction and Development provide benefits to
former combatants that are comparable to the benefits 
provided by such programs to other individuals. 
(b) REPORT REGARDING PROGRAMS TO ASSIST CI-
VILIAN POLICE.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit a re-
port to the appropriate congressional committees on all 
current programs being conducted by the Department or 
the Agency to assist foreign countries with the enforce-
ment of the laws of such countries that are designed to 
protect women and children and improve accountability 
for sexual exploitation and abuse. 
SEC. 402. PROTECTION ASSISTANCE. 
Chapter 1 of part I of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 135. ASSISTANCE FOR THE PROTECTION OF VULNER-
ABLE POPULATIONS DURING HUMANITARIAN 
EMERGENCIES. 
‘‘(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, and subject to the limitations of subsection 
(b), the President is authorized to provide assistance for 
programs, projects, and activities to promote the security 
of, provide equal access to basic services for, and safe-
guard the legal and human rights of civilians, especially
women and children, who are affected by a humanitarian 
emergency. Such assistance shall include programs— 
‘‘(1) to build the capacity of nongovernmental 
organizations to address the special protection needs 
of vulnerable populations, especially women and chil-
dren, affected by a humanitarian emergency; 
‘‘(2) to support local and international non-
governmental initiatives to prevent, detect, and re-
port sexual exploitation and abuse, and other exploi-
tation, of women and children, including through the 
provision of training humanitarian protection mon-
itors for refugees and internally displaced persons; 
‘‘(3) to conduct protection and security assess-
ments for refugees and internally displaced persons 
in camps or in communities for the purpose of im-
proving the design and security of camps for refu-
gees and internally displaced persons, with special 
emphasis on the security of women and children; 
‘‘(4) to provide, when practicable, education 
during a humanitarian emergency, including struc-
tured activities that create safe spaces for children, 
in particular girls; 
‘‘(5) to reintegrate and rehabilitate former com-
batants and survivors of a humanitarian emergency, 
including through education, psychosocial assistance
and trauma counseling, family and community re-
insertion, medical assistance, and strengthening 
community systems to support sustained reintegra-
tion; 
‘‘(6) to establish registries and clearinghouses 
to trace relatives and begin family reunification, 
with a specific focus on helping children find their 
families; 
‘‘(7) to provide interim care and placement for 
separated children and orphans, including moni-
toring and followup services; 
‘‘(8) to provide legal services for survivors of 
sexual exploitation, abuse, or torture, including the 
collection of evidence for war crimes tribunals and 
advocacy for legal reform; and 
‘‘(9) to provide to local law enforcement per-
sonnel working in areas affected by a humanitarian 
emergency training in human rights law, particularly 
as it relates to the protection of women and children. 
‘‘(b) AVAILABILITY OF ASSISTANCE.—Amounts made 
available to carry out this part and chapter 4 of part II 
may be made available to carry out this section.’’. 
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