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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘United States Assistance for Civilians Affected by Con-
flict Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Findings and purposes.
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 hu-
manitarian emergencies in foreign countries. 
Sec. 115. Health services for women affected by complex humanitarian emer-
gencies 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 CON-
FLICT; INTERNATIONAL WAR VICTIMS ASSISTANCE; UNITED 
STATES FAMINE PREVENTION AND MITIGATION FUND 
Sec. 301. Assistance for countries emerging from conflict; international war vic-
tims assistance; United States Famine Prevention and Mitiga-
tion 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 as-
sistance to refugees or internally displaced persons. 
Sec. 406. Review of operations at refugee and displaced persons camps. 
Sec. 407. International military education and training.
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the United 
States Agency for International Development.
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on International Re-
lations of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
(3) CHILDREN.—The term ‘‘children’’ means 
persons who have not attained the age of 18. 
(4) COMPLEX
HUMANITARIAN
EMERGENCY.—
The term ‘‘complex humanitarian emergency’’ means 
a situation in which a significant number of refu-
gees, internally displaced persons, or other civilians 
require protection or humanitarian assistance on an 
urgent basis due to armed conflict, civil strife, sig-
nificant civil disturbance, disorder, or breakdown of 
authority, or state-sponsored harassment or persecu-
tion. 
(5) EXPLOITATION OF CHILDREN.—The term 
‘‘exploitation of children’’ means—
(A) adult sexual activity with children; 
(B) kidnapping or forcibly separating chil-
dren from their families; 
(C) subjecting children to the worst forms 
of child labor;
(D) forcing children to commit or witness 
acts of violence, including compulsory recruit-
ment into armed forces or as combatants; and 
(E) withholding or obstructing access of 
children to food, shelter, medicine, and basic 
human services. 
(6) 
GENDER-BASED
VIOLENCE.—The 
term 
‘‘gender-based violence’’ means causing harm to a 
person based on gender, including—
(A) rape; 
(B) sexual assault or torture; 
(C) sex trafficking or trafficking in per-
sons; 
(D) demands for sex in exchange for em-
ployment, goods, services, or protection; 
(E) withholding or obstructing access to 
food, shelter, medicine, and basic human serv-
ices; and 
(F) other forms of violence based on gen-
der. 
(7) HIV.—The term ‘‘HIV’’ means the human 
immunodeficiency virus, the virus that causes the ac-
quired immune deficiency syndrome (AIDS). 
(8) HUMANITARIAN
ASSISTANCE.—The term 
‘‘humanitarian assistance’’ means basic assistance to
save lives, alleviate suffering, and protect livelihoods, 
such as medical assistance, food assistance, and 
basic supplies and services to promote adequate 
health, sanitation, shelter, and livelihoods, including 
assistance for the relief and rehabilitation of the 
people of a country that has been affected by a nat-
ural disaster. 
(9) PROTECTION.—The term ‘‘protection’’, with 
respect to an individual, a family, a group, or a com-
munity, means all appropriate measures to promote 
the physical and psychological security of, provide 
equal access to basic services for, and safeguard the 
legal and human rights and dignity of, individuals, 
families, groups, and communities. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of State. 
(11) 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). 
(12) 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 the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7102).
(13) WORST
FORMS
OF
CHILD
LABOR.—The 
term ‘‘worst forms of child labor’’ has the meaning 
given the term in article 3 of Convention Number 
182 of the International Labor Organization. 
SEC. 3. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States has a long tradition of 
providing assistance to the people of foreign coun-
tries during times of disaster, crisis, and complex 
humanitarian emergencies. The United States has 
also assisted foreign countries recover after these 
events. 
(2) The bounty of our Nation’s farmland and 
the efficiency and productivity of American farmers 
have made the United States the world’s leading 
donor of food assistance to people in need during 
times of disaster, crisis, or complex humanitarian 
emergencies. 
(3) United States citizens have worked overseas 
during times of disaster, crisis, or complex humani-
tarian emergencies, often at great danger to them-
selves, furthering United States interests while im-
proving their own understanding of the world and 
the lives of others, whether volunteering with church 
and civic organizations, working for relief and devel-
opment agencies, or in the service of the United 
States Government. 
(4) The compassion of the people of the United 
States informs our actions as a Nation and a Gov-
ernment, and has caused us to willingly help others 
in need, through private and public generosity and 
through the provision of protection and assistance to 
refugees, our solidarity with the world’s dispos-
sessed, and our concern about and action on behalf 
of those less fortunate. 
(5) The complex humanitarian emergencies that 
characterize the post-cold war period have resulted 
in massive humanitarian need and suffering but also 
a corresponding outpouring of support from the peo-
ple of the United States. 
(6) It is thus part of our history, present, and 
future that the United States will assist peace-loving 
people during times of disaster, crisis, and complex 
humanitarian emergencies, and to recover and re-
build after such events. 
(b) PURPOSES.—The purposes of this Act, and the 
amendments made by this Act, are—
(1) to improve United States actions to respond 
to complex humanitarian emergencies in foreign 
countries, including by—
(A) establishing an effective United States 
Government interagency policy planning and 
implementation process to prepare for and re-
spond to such emergencies; and 
(B) providing protection for people affected 
by a complex humanitarian emergency and pro-
viding assistance to foreign countries affected 
by such an emergency; 
(2) to provide assistance to respond to crises in 
foreign countries; 
(3) to provide assistance to support democracy 
and long-term development in certain foreign coun-
tries; 
(4) to provide protection for civilians affected 
by conflict; and 
(5) to improve post-conflict reconstruction ef-
forts in certain foreign countries.
TITLE I—ACTIONS TO RESPOND 
TO COMPLEX HUMANITARIAN 
EMERGENCIES 
IN 
FOREIGN 
COUNTRIES 
Subtitle 
A—Interagency 
Policy 
Planning and Implementation 
Process 
SEC. 101. FINDINGS. 
Congress finds the following: 
(1) Advance planning, coordinated action, and 
harmonized execution among the Federal depart-
ments and agencies responsible for the conduct of 
foreign affairs and national security are essential to 
ensure that the United States response to complex 
humanitarian emergencies in foreign countries is ef-
fective, successful, and consistent with the national 
interests of the United States. 
(2) Establishment and use of an interagency 
policy planning and implementation process is essen-
tial to ensure such planning, action, and execution 
is achieved. 
(3) The product of such an interagency process, 
developed with the participation of officials from 
Federal departments and agencies responsible for 
the conduct of foreign affairs and national security,
should clearly articulate the national interests of the 
United States involved. 
(4) The product of such an interagency process 
should include a strategic plan for achieving the pol-
icy objectives of the United States response and de-
lineate divisions of responsibility of the departments 
and agencies involved. 
(5) Any such strategic plan should be developed 
in the context of and in coordination with the broad-
er international effort of which United States oper-
ations are a part. 
SEC. 102. DECLARATION OF POLICY. 
Congress declares the following: 
(1) The United States Government should es-
tablish and implement an interagency policy plan-
ning and implementation process among the Federal 
departments and agencies responsible for the con-
duct of foreign affairs and national security in order 
to anticipate and promptly respond to complex hu-
manitarian emergencies in foreign countries. 
(2) Such an interagency process should develop 
as its product an operational approach that accounts 
for economic, political, humanitarian, and military 
factors and interests.
(3) The United States should utilize such plans 
for the implementation of response during complex 
humanitarian emergencies, foreign crises, and post-
conflict environments, regardless of which Federal 
department or agency directs specific complex hu-
manitarian emergency responses or post-conflict re-
construction efforts. 
SEC. 103. INTERAGENCY POLICY PLANNING AND IMPLE-
MENTATION PROCESS. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of the enactment of this Act, the President shall 
establish among the Federal departments and agencies re-
sponsible for the conduct of foreign affairs and national 
security an interagency policy planning and implementa-
tion process to ensure advance planning, coordinated ac-
tion, and harmonized execution to respond to complex hu-
manitarian emergencies in foreign countries and to ensure 
that such planning and action is consistent with the na-
tional interests of the United States. 
(b) REPORT.—Not later than 120 days after the date 
of enactment of this Act, the President shall transmit to 
the appropriate congressional committees a report that 
contains a summary of the interagency policy planning 
and implementation process described in subsection (a), 
including a summary of the relevant directive or other
order, if available, that provides for the establishment of 
such interagency process. 
Subtitle B—Actions to Respond to 
Complex Humanitarian Emer-
gencies in Foreign Countries 
SEC. 111. FINDINGS. 
Congress finds the following: 
(1) The nature of war has changed dramatically 
in recent decades, putting civilians at greater risk of 
death, disease, displacement, and exploitation. 
(2) Civilians, particularly women and children, 
account for the vast majority of those individuals ad-
versely affected by complex humanitarian emer-
gencies, including as refugees and internally dis-
placed persons. 
(3) The percentage of civilians killed or wound-
ed as a result of hostilities has risen from 5 percent 
of all casualties at the beginning of the 20th century 
to 65 percent of all casualties during World War II 
and to 90 percent of all casualties in more recent 
hostilities. Women and children comprise the major-
ity of civilian deaths and the majority of all refugees 
from hostilities. 
(4) In the 1990s, more than 2,000,000 children 
have been killed during wars, more than 4,000,000
children have survived physical mutilation during 
wars, and more than 1,000,000 children were or-
phaned or separated from their families as a result 
of wars. 
(5) In many armed conflicts, soldiers have de-
stroyed food supplies and productive capacities, sto-
len donated food intended for women and children, 
and blocked the distribution of humanitarian assist-
ance. 
(6) While the United States has the capacity to 
deliver humanitarian assistance to civilians affected 
by conflict, there are many populations currently af-
fected by ongoing complex humanitarian emergencies 
with respect to which United States assistance has 
not been provided. 
SEC. 112. ACTIONS TO RESPOND TO COMPLEX HUMANI-
TARIAN EMERGENCIES IN FOREIGN COUN-
TRIES. 
Part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) is amended by inserting after chapter 
3 the following new chapter:
‘‘CHAPTER 4—ACTIONS TO RESPOND TO 
COMPLEX 
HUMANITARIAN 
EMER-
GENCIES IN FOREIGN COUNTRIES 
‘‘SEC. 401. DECLARATION OF POLICY. 
‘‘Congress, recognizing that prompt United States 
action to respond to complex humanitarian emergencies 
in foreign countries, including to alleviate the suffering of 
civilians affected by such emergencies, is an important ex-
pression of the humanitarian concern and tradition of the 
people of the United States, affirms the willingness of the 
United States to respond to such emergencies by providing 
protection for people affected by a complex humanitarian 
emergency and providing assistance to foreign countries 
affected by such an emergency. 
‘‘SEC. 402. COORDINATION. 
‘‘(a) APPOINTMENT OF SPECIAL COORDINATOR.—
‘‘(1) IN GENERAL.—On a case-by-case basis or 
generally, the President is authorized to appoint a 
Special Coordinator to ensure that, in accordance 
with section 103(a) of the United States Assistance 
for Civilians Affected by Conflict Act of 2004, the 
Federal departments and agencies responsible for 
the conduct of foreign affairs and national security 
undertake advance planning, coordinated action, and 
harmonized execution to respond to complex human-
itarian emergencies in foreign countries and to en-
sure that such planning and action is consistent with 
the national interests of the United States. 
‘‘(2) RANK.—The individual appointed pursu-
ant to subsection (a) may have the rank of ‘Special 
Assistant to the President’. 
‘‘(b) COORDINATION WITH OTHER PROGRAMS.—In 
carrying out the functions described in this chapter, and 
consistent with section 101 of the National Security Act 
of 1947 (50 U.S.C. 402), the President shall ensure co-
ordination of the assistance authorized under this chapter 
with foreign economic assistance programs and activities 
carried out by all other Federal departments and agencies. 
‘‘SEC. 403. ACTIONS TO RESPOND TO COMPLEX HUMANI-
TARIAN EMERGENCIES IN FOREIGN COUN-
TRIES. 
‘‘(a) AUTHORIZATION.—Notwithstanding any other 
provision of law, whenever the President determines it to 
be important to the national interest of the United States, 
the President is authorized to take the actions described 
in subsection (b) and such other actions as the President 
may determine to respond to complex humanitarian emer-
gencies in foreign countries. 
‘‘(b) ACTIONS.—The actions referred to in subsection 
(a) are the following:
‘‘(1) Provide protection for people affected by a 
complex humanitarian emergency. 
‘‘(2) Provide assistance to foreign countries af-
fected by a complex humanitarian emergency, or to 
international organizations or private voluntary or-
ganizations, on such terms and conditions as the 
President may determine, for the benefit of such af-
fected countries, including—
‘‘(A) humanitarian assistance; 
‘‘(B) assistance relating to conflict preven-
tion and mitigation, the prediction of and prep-
aration for conflict, and contingency planning 
for the humanitarian consequences of a complex 
humanitarian emergency; and 
‘‘(C) assistance to promote the demobiliza-
tion of combatants and reintegration of former 
combatants into civilian life following the con-
clusion of a complex humanitarian emergency, 
notwithstanding any provision of law that pro-
hibits assistance to the armed forces of a for-
eign country. 
‘‘(c) ADDITIONAL REQUIREMENT.—The President 
shall ensure that the actions taken under this section 
shall, to the greatest extent possible, benefit the individ-
uals or entities that are most in need.
‘‘SEC. 404. LIMITATION. 
‘‘Amounts available to carry out this chapter may not 
be used to provide assistance to respond to natural disas-
ters. 
‘‘SEC. 405. NOTIFICATION OF OBVIATION OF PROVISIONS 
OF LAW. 
‘‘(a) IN GENERAL.—If the provision of assistance 
under this chapter necessitates the obviation of any provi-
sion of law, the President shall notify the appropriate con-
gressional committees not later than 7 days after the date 
on which the determination is made to obviate the provi-
sions of law involved. 
‘‘(b) CONTENTS OF NOTIFICATION.—The notification 
referred to in subsection (a) shall include an explanation 
of the assistance being provided, the provisions of law to 
be obviated, and a justification and explanation as to why 
the provision of assistance requires the obviation of the 
provisions of law involved. 
‘‘SEC. 406. DEFINITIONS. 
‘‘In this chapter: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means the Committee on International Re-
lations of the House of Representatives and the 
Committee on Foreign Relations of the Senate.
‘‘(2) COMPLEX HUMANITARIAN EMERGENCY.—
The term ‘complex humanitarian emergency’ means 
a situation in which a significant number of refu-
gees, internally displaced persons, or other civilians 
require protection or humanitarian assistance on an 
urgent basis due to armed conflict, civil strife, sig-
nificant civil disturbance, disorder, or breakdown of 
authority, or state-sponsored harassment or persecu-
tion. 
‘‘(3) HUMANITARIAN
ASSISTANCE.—The term 
‘humanitarian assistance’ means basic assistance to 
save lives, alleviate suffering, and protect livelihoods, 
such as medical assistance, food assistance, and 
basic supplies and services to promote adequate 
health, sanitation, shelter, and livelihoods. 
‘‘(4) PROTECTION.—The term ‘protection’, with 
respect to an individual, a family, a group, or a com-
munity, means all appropriate measures to promote 
the physical and psychological security of, provide 
equal access to basic services for, and safeguard the 
legal and human rights and dignity of, individuals, 
families, groups, and communities.
‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the President to carry out this chapter 
$100,000,000 for each of the fiscal years 2005 and 2006. 
‘‘(b) AVAILABILITY.—Amounts appropriated pursu-
ant to the authorization of appropriations under sub-
section (a) are authorized to remain available until ex-
pended.’’. 
SEC. 113. INTERNATIONAL DISASTER ASSISTANCE. 
Section 492(a) of the Foreign Assistance Act of 1961 
(22 
U.S.C. 
2292a(a)) 
is 
amended 
by 
striking 
‘‘$25,000,000 for fiscal year 1986 and $25,000,000 for 
fiscal year 1987’’ and inserting ‘‘$135,500,000 for each 
of the fiscal years 2005 and 2006’’. 
SEC. 114. INITIATIVES TO PROVIDE PROTECTION FOR PEO-
PLE AFFECTED BY COMPLEX HUMANITARIAN 
EMERGENCIES IN FOREIGN COUNTRIES. 
(a) UNITED STATES INITIATIVES.—
(1) AUTHORIZATION.—The President is author-
ized, under the authority of chapter 4 of part I of 
the Foreign Assistance Act of 1961 (as added by 
section 112 of this Act), to develop and undertake 
protection initiatives, including protection initiatives 
for civilian women and children who are refugees, 
displaced persons, or living in areas affected by a 
complex humanitarian emergency, including—
(A) training of field workers on identifying 
and responding to violence, particularly gender-
based violence, and the exploitation of children; 
(B) support for the rapid deployment of 
protection officers to countries affected by com-
plex humanitarian emergencies; 
(C) support for registration initiatives to 
document refugees and internally displaced per-
sons for purposes of facilitating the provision of 
humanitarian assistance to such persons and 
the reunification of families; and 
(D) support for programs that provide as-
sistance to civilians who are displaced due to 
such an emergency, including—
(i) psycho-social counseling; 
(ii) training related to income genera-
tion and employment skills; and 
(iii) emergency health care required to 
respond to gender-based violence. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Of 
the amounts made available to carry out chapter 4 
of part I of the Foreign Assistance Act of 1961 (as 
added by section 112 of this Act) or of the amounts 
appropriated under the heading ‘‘Migration and Ref-
ugee Assistance’’, there are authorized to be appro-
priated to the President such sums as may be nec-
essary for the fiscal years 2005 and 2006 to carry 
out this section. 
(b) UNITED NATIONS INITIATIVES.—It is the sense 
of Congress that the United Nations High Commissioner 
for Refugees should review—
(1) its personnel practices to ensure that—
(A) senior protection officers are assigned 
to the posts where women and children are in 
the most danger of gender-based violence or ex-
ploitation; 
(B) experienced protection officers are 
present at border crossings; and 
(C) more female staff are present in camps 
for refugees or displaced persons; and 
(2) its personnel practices to facilitate the hir-
ing of successful junior professional officers on a 
permanent basis following their initial tours of duty. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a re-
port that contains a description of any steps that have 
been taken to establish or carry out subsections (a) and 
(b).
SEC. 115. HEALTH SERVICES FOR WOMEN AFFECTED BY 
COMPLEX HUMANITARIAN EMERGENCIES IN 
FOREIGN COUNTRIES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) A complex humanitarian emergency pre-
sents increased risks for women and girls. 
(2) Women who are refugees or internally dis-
placed persons face heightened risks of developing 
complications during pregnancy, suffering a mis-
carriage, dying, being injured during childbirth, be-
coming infected with HIV or another sexually trans-
mitted infection, or suffering from post-traumatic 
stress disorder. 
(3) Despite the heightened risks for women 
during a complex humanitarian emergency, women’s 
needs for specialized health services have often been 
overlooked by donors and relief organizations, which 
are focused on providing food, water, and shelter. 
(4) Priority activities and emergency supplies 
designed to address life-threatening women’s health 
problems during a complex humanitarian emergency 
are often not implemented or made available in the 
early days and weeks of the emergency, the period 
when such activities and supplies are most needed 
and may be most effective.
(b) DECLARATION OF POLICY.—Congress declares 
that it shall be the policy of the United States to ensure 
that organizations funded by the United States Govern-
ment that respond to complex humanitarian emergencies 
in foreign countries have the resources necessary to ad-
dress the specific health needs of women affected by such 
emergencies in order—
(1) to prevent and manage the consequences of 
sexual violence; 
(2) to reduce transmission of HIV; 
(3) to provide obstetric care; 
(4) to integrate women’s health services into 
the primary health care services provided during 
such an emergency; and 
(5) to provide education to prevent the inci-
dence of gender-based violence, exploitation of 
women and children, and the spread of HIV. 
TITLE II—ASSISTANCE TO RE-
SPOND TO CRISES IN FOR-
EIGN COUNTRIES 
SEC. 201. ASSISTANCE TO RESPOND TO CRISES IN FOREIGN 
COUNTRIES. 
Part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) is amended by inserting after chapter
4 (as added section 112 of this Act) the following new 
chapter: 
‘‘CHAPTER 4A—ASSISTANCE TO RESPOND 
TO CRISES IN FOREIGN COUNTRIES 
‘‘SEC. 411. ASSISTANCE. 
‘‘Whenever the President determines it to be impor-
tant to the national interest of the United States, the 
President is authorized to provide assistance on such 
terms and conditions as the President may determine for 
the purpose of preventing, preparing for, and responding 
to crises in foreign countries, including acts of ethnic 
cleansing, mass killings, and genocide, peace and humani-
tarian intervention operations, armed ethnic or civil con-
flicts that pose threats to regional or international peace, 
and foreign territorial disputes. 
‘‘SEC. 412. LIMITATION. 
‘‘Amounts available to carry out this chapter may not 
be used to provide assistance to respond to natural disas-
ters. 
‘‘SEC. 413. ADMINISTRATIVE PROVISIONS. 
‘‘(a) AUTHORITY.—Assistance under this chapter 
may be provided notwithstanding any other provision of 
law. 
‘‘(b) NOTIFICATION OF OBVIATION OF PROVISIONS 
OF LAW.—
‘‘(1) IN GENERAL.—If the provision of assist-
ance under this chapter necessitates the obviation of 
any provision of law, the President shall notify the 
appropriate congressional committees not later than 
7 days after the date on which the determination is 
made to obviate the provisions of law involved. 
‘‘(2) CONTENTS OF NOTIFICATION.—The notifi-
cation referred to in paragraph (1) shall include an 
explanation of the assistance being provided, the 
provisions of law to be obviated, and a justification 
and explanation as to why the provision of assist-
ance requires the obviation of the provisions of law 
involved. 
‘‘(c) NOTIFICATION.—
‘‘(1) IN
GENERAL.—Whenever the President 
makes a determination required by section 411 to 
provide assistance under such section, the President 
shall notify the appropriate congressional committees 
not later than 7 days after the date on which the de-
termination is made. 
‘‘(2) CONTENTS OF NOTIFICATION.—The notifi-
cation referred to in paragraph (1) shall include a 
description of the assistance being provided, the pur-
pose of the assistance, and a justification for the as-
sistance.
‘‘SEC. 414. DEFINITION. 
‘‘In this chapter, the term ‘appropriate congressional 
committees’ has the meaning given the term in section 
406(1). 
‘‘SEC. 415. AUTHORIZATION OF APPROPRIATIONS; RELATED 
AUTHORITIES. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts made available to carry out chapter 4 of part 
II of this Act, there are authorized to be appropriated to 
the President from time to time such amounts as may be 
necessary to carry out this chapter, except that no amount 
of funds may be appropriated which, when added to 
amounts previously appropriated but not yet obligated, 
would cause such amounts to exceed $100,000,000. 
‘‘(b) RELATED
AUTHORITIES.—Amounts appro-
priated pursuant to the authorization of appropriations 
under subsection (a)—
‘‘(1) may be referred to as the ‘United States 
Foreign Crises Response Fund’; 
‘‘(2) are authorized to remain available until ex-
pended; and 
‘‘(3) are in addition to amounts otherwise avail-
able for such purposes.’’.
TITLE 
III—ASSISTANCE 
FOR 
COUNTRIES EMERGING FROM 
CONFLICT; 
INTERNATIONAL 
WAR 
VICTIMS 
ASSISTANCE; 
UNITED STATES FAMINE PRE-
VENTION 
AND 
MITIGATION 
FUND 
SEC. 301. ASSISTANCE FOR COUNTRIES EMERGING FROM 
CONFLICT; INTERNATIONAL WAR VICTIMS 
ASSISTANCE; UNITED STATES FAMINE PRE-
VENTION AND MITIGATION FUND. 
Part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) is amended by inserting after chapter 
4A (as added by section 201 of this Act) the following 
new chapter: 
‘‘CHAPTER 4B—ASSISTANCE FOR COUN-
TRIES EMERGING FROM CONFLICT; 
INTERNATIONAL 
WAR 
VICTIMS 
AS-
SISTANCE; UNITED STATES FAMINE 
PREVENTION AND MITIGATION FUND 
‘‘SEC. 421. ASSISTANCE TO COUNTRIES EMERGING FROM 
POLITICAL INSTABILITY, CIVIL STRIFE, OR 
ARMED CONFLICT. 
‘‘(a) AUTHORIZATION.—The President is authorized 
to provide assistance to support the transition to democ-
racy and long-term development in countries emerging 
from political instability, civil strife, or armed conflict. 
‘‘(b) EXAMPLES
OF ASSISTANCE.—Assistance re-
ferred to in subsection (a) may include assistance to de-
velop, strengthen, or preserve democratic institutions and 
processes, to revitalize basic infrastructure, and to foster 
the peaceful resolution of conflict. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the President $55,000,000 for each 
of the fiscal years 2005 and 2006 to carry out this 
section. 
‘‘(2) 
AVAILABILITY.—Amounts 
appropriated 
pursuant to the authorization of appropriations 
under paragraph (1)—
‘‘(A) are authorized to remain available 
until expended; and 
‘‘(B) are in addition to amounts otherwise 
available for such purpose. 
‘‘(d) ADMINISTRATIVE PROVISIONS.—
‘‘(1) AUTHORITY.—Assistance under this sec-
tion may be provided notwithstanding any other pro-
vision of law. 
‘‘(2) NOTIFICATION OF OBVIATION OF PROVI-
SIONS OF LAW.—
‘‘(A) IN GENERAL.—If the provision of as-
sistance under this section necessitates the obvi-
ation of any provision of law, the President 
shall notify the appropriate congressional com-
mittees not later than 7 days after the date on 
which the determination is made to obviate the 
provisions of law involved. 
‘‘(B) CONTENTS OF NOTIFICATION.—The 
notification referred to in subparagraph (A) 
shall include an explanation of the assistance 
being provided, the provisions of law to be obvi-
ated, and a justification and explanation as to 
why the provision of assistance requires the ob-
viation of the provisions of law involved. 
‘‘(3) NOTIFICATION.—
‘‘(A) IN GENERAL.—Whenever the Presi-
dent makes a determination required by sub-
section (a) to provide assistance under such 
subsection, the President shall notify the appro-
priate congressional committees not later than 
7 days after the date on which the determina-
tion is made. 
‘‘(B) CONTENTS OF NOTIFICATION.—The 
notification referred to in subparagraph (A) 
shall include a description of the assistance
being provided, the purpose of the assistance, 
and a justification for the assistance. 
‘‘SEC. 422. INTERNATIONAL WAR VICTIMS ASSISTANCE. 
‘‘(a) AUTHORIZATION.—The President is authorized 
to provide assistance to victims of civil strife and warfare 
in foreign countries. 
‘‘(b) ACTIVITIES.—The programs established pursu-
ant to assistance provided under subsection (a) may in-
clude the following programs, projects, and activities: 
‘‘(1) Development of local capacity to provide 
medical and rehabilitation services to victims of civil 
strife and warfare in foreign countries, such as—
‘‘(A) support for and training of medical 
professionals, including surgeons, nurses, and 
physical therapists, to provide effective medical 
care for such victims; 
‘‘(B) support for sustainable prosthetic 
and orthotic services for such victims; and 
‘‘(C) psychological and social rehabilitation 
of such individuals, together with their families 
as appropriate, for the reintegration of such in-
dividuals into local communities. 
‘‘(2) Support for policy reform and educational 
efforts related to the needs and abilities of individ-
uals with disabilities, including victims of civil strife 
and warfare. 
‘‘(3) Coordination of programs established pur-
suant to subsection (a) with existing programs for 
individuals with disabilities, including victims of civil 
strife and warfare, in foreign countries. 
‘‘(4) Support for establishment of appropriate 
entities in foreign countries to coordinate programs, 
projects, and activities related to assistance for indi-
viduals with disabilities, including victims of civil 
strife and warfare. 
‘‘(5) Support for primary, secondary, and voca-
tional education, public awareness and training pro-
grams and other activities that help prevent war-re-
lated injuries and assist individuals with disabilities, 
including victims of civil strife and warfare, with 
their reintegration into society and their ability to 
make sustained social and economic contributions to 
society. 
‘‘(c) PRIORITY.—To the maximum extent feasible, as-
sistance under this section shall be provided through non-
governmental organizations, and, as appropriate, through 
governments to establish appropriate norms, standards, 
and policies related to rehabilitation and issues affecting
individuals with disabilities, including victims of civil strife 
and warfare. 
‘‘(d) FUNDING.—Amounts made available to carry 
out the other provisions of this part (including chapter 4 
of part II of this Act) and the Support for East European 
Democracy (SEED) Act of 1989 are authorized to be 
made available to carry out this section and are authorized 
to be provided notwithstanding any other provision of law 
which restricts assistance to foreign countries. 
‘‘SEC. 423. UNITED STATES FAMINE PREVENTION AND MITI-
GATION FUND. 
‘‘(a) AUTHORIZATION.—Whenever the President de-
termines it to be important to the national interests of 
the United States, the President is authorized to furnish 
on such terms and conditions as the President may deter-
mine assistance under this section for the purpose of meet-
ing unexpected urgent famine needs in foreign countries, 
especially relating to complex humanitarian emergencies. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ has the meaning given the term in section 
406(1).
‘‘(2) COMPLEX HUMANITARIAN EMERGENCY.—
The term ‘complex humanitarian emergency’ has the 
meaning given the term in section 406(2). 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS; RE-
LATED AUTHORITIES.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—Of 
the amounts appropriated for a fiscal year to carry 
out title II of the Agricultural Trade Development 
and Assistance Act of 1954, there are authorized to 
be appropriated to the President for such fiscal year 
5 percent of such amounts to carry out this section, 
except that no amount of funds may be appropriated 
which, when added to amounts previously appro-
priated but not yet obligated to carry out this sec-
tion, 
would 
cause 
such 
amounts 
to 
exceed 
$100,000,000. 
‘‘(2) RELATED AUTHORITIES.—Amounts appro-
priated pursuant to the authorization of appropria-
tions under paragraph (1)—
‘‘(A) may be referred to as the ‘United 
States Famine Prevention and Mitigation 
Fund’; 
‘‘(B) are authorized to remain available 
until expended; and
‘‘(C) are in addition to amounts otherwise 
available for such purposes. 
‘‘(d) ADMINISTRATIVE PROVISIONS.—
‘‘(1) AUTHORITY.—Assistance under this sec-
tion may be provided notwithstanding any other pro-
vision of law. 
‘‘(2) NOTIFICATION OF OBVIATION OF PROVI-
SIONS OF LAW.—
‘‘(A) IN GENERAL.—If the provision of as-
sistance under this section necessitates the obvi-
ation of any provision of law, the President 
shall notify the appropriate congressional com-
mittees not later than 7 days after the date on 
which the determination is made to obviate the 
provisions of law involved. 
‘‘(B) CONTENTS OF NOTIFICATION.—The 
notification referred to in subparagraph (A) 
shall include an explanation of the assistance 
being provided, the provisions of law to be obvi-
ated, and a justification and explanation as to 
why the provision of assistance requires the ob-
viation of the provisions of law involved. 
‘‘(3) NOTIFICATION.—
‘‘(A) IN GENERAL.—Whenever the Presi-
dent makes a determination required by sub-
section (a) to provide assistance under such 
subsection, the President shall notify the appro-
priate congressional committees not later than 
7 days after the date on which the determina-
tion is made. 
‘‘(B) CONTENTS OF NOTIFICATION.—The 
notification referred to in subparagraph (A) 
shall include a description of the assistance 
being provided, the purpose of the assistance, 
and a justification for the assistance.’’. 
TITLE IV—PROTECTION FOR CI-
VILIANS IN FOREIGN COUN-
TRIES 
AFFECTED 
BY 
CON-
FLICT 
SEC. 401. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Civilians, particularly women and children, 
are increasingly affected by conflict and are targeted 
by combatants and armed elements for murder, ab-
duction, forced military conscription, involuntary 
servitude, displacement, sexual abuse and slavery, 
mutilation, and loss of freedom. 
(2) Traditionally, humanitarian response to ci-
vilians affected by conflict has focused on providing
food, medical care, and shelter needs, while placing 
less emphasis on the safety and security of people 
affected by a complex humanitarian emergency. 
(3) Few well-coordinated efforts exist to prevent 
and respond to violence against civilians, particularly 
women and children, when they are refugees or in-
ternally displaced persons. 
(4) While the United Nations High Commis-
sioner for Refugees and the Department of State are 
charged with protecting refugees, there is no inter-
national organization or United States Government 
agency with a clear mandate to protect internally 
displaced persons and those at risk of displacement 
as a result of a complex humanitarian emergency. 
(5) There is a substantial need for the protec-
tion of civilians affected by conflict to be given a 
high priority during all complex humanitarian emer-
gencies. 
(6) During 2003, an estimated 300,000 chil-
dren have been compulsorily recruited into military 
operations around the world, including a large num-
ber of girls who have been forced to work as combat-
ants, cooks, messengers, spies, or sexual slaves for 
soldiers.
(7) The use of rape, particularly against women 
and girls, is an increasingly common tactic in mod-
ern war. 
(8) The international community has a respon-
sibility pursuant to the Protocol Relating to the Sta-
tus of Refugees, signed at New York on October 4, 
1967 (19 U.S.T. 6223), the Convention Relating to 
the Status of Refugees, signed at Geneva on July 
28, 1951, and the Convention Relative to the Pro-
tection of Civilian Persons in Time of War, signed 
at Geneva on August 12, 1949 (6 U.S.T. 3516), to 
take preventive action that would improve prepared-
ness and reduce the vulnerability of women and chil-
dren to violence and exploitation. 
(9) Food rations in camps for refugees and in-
ternally displaced persons are often limited and un-
predictable, and vulnerable women rarely have legiti-
mate opportunities to generate income or products 
to barter for additional food and other supplies. 
(10) Women and girls who are refugees face 
particular threats because of power inequities, in-
cluding being forced to exchange sex for food and 
humanitarian supplies, and being at increased risk 
of rape and gender-based violence due to poor secu-
rity in refugee camps.
(11) An investigation into sexual exploitation of 
refugees by aid workers in West Africa, conducted 
by the United Nations Office of Internal Oversight 
Services, found many factors that contribute to the 
exploitation and abuse of women and children in ref-
ugee situations, including—
(A) few women working in key positions in 
refugee relief efforts; 
(B) insufficient international staff presence 
in the camps; 
(C) isolation and lack of separate and dis-
tinctly placed sanitary facilities for men and 
women; 
(D) incomplete rations and delayed deliv-
ery of supplies to refugees; and 
(E) lack of punishment for perpetrators, 
including adult refugees, of sexual crimes 
against children in refugee situations. 
(12) Refugees and internally displaced persons 
living outside of camps experience a range of serious 
problems, including vulnerability to harassment, 
abuse, and exploitation by landlords and employers 
with little legal recourse, and constant threat of de-
tention, imprisonment, and deportation.
(13) Existing nongovernmental organization 
and international agency policies, procedures, train-
ing programs, monitoring, and accountability mecha-
nisms have not protected displaced women and chil-
dren from exploitation and abuse, provided adequate 
assistance to survivors, or disciplined offenders and 
achieved justice. 
(14) The limited presence of protection officers 
and other trained managerial staff of the United 
Nations High Commissioner for Refugees in camps, 
especially at night, exacerbates the vulnerability of 
women and children to abuse by, in particular, fellow 
camp residents and nearby local residents. 
(15) In some circumstances, humanitarian 
agencies have failed to make women and children 
aware of their rights to protection and assistance, to 
give them access to effective channels of redress, and 
to make humanitarian workers aware of their duty 
to respect these rights and provide adequate assist-
ance. 
(b) PURPOSES.—The purposes of this title are—
(1) to ensure that the United States Govern-
ment has adequate capabilities to support programs 
that provide for the protection of civilians, especially
women and children, who are affected by conflict; 
and 
(2) to build the capacities of United States 
Government agencies, multilateral institutions, inter-
national nongovernmental organizations, local non-
governmental organizations, and local communities 
to prevent and respond effectively to gender-based 
violence and exploitation of children that occur dur-
ing a complex humanitarian emergency. 
SEC. 402. REQUIREMENT TO DEVELOP INTEGRATED STRAT-
EGY. 
(a) REQUIREMENT.—The Secretary of State shall, in 
consultation with the Administrator, develop an integrated 
strategy for the protection of women and children who are 
internally displaced, made refugees, or otherwise affected 
by a complex humanitarian emergency. 
(b) REPORT.—Not later than 90 days after the date 
of enactment of this Act, the Secretary shall submit to 
the appropriate congressional committees a report out-
lining the strategy described in subsection (a). 
(c) CONTENT.—The report required by subsection (b) 
shall include—
(1) an assessment of the specific needs of, and 
particular threats to, women and children at the var-
ious stages of a complex humanitarian emergency, 
especially at the onset of such emergency; 
(2) a description of which agencies and offices 
of the United States Government are responsible for 
addressing each aspect of such needs and threats; 
(3) an evaluation of the needs and threats that 
are being adequately addressed and funded, and 
those which require additional attention or re-
sources; 
(4) a set of guidelines and recommendations for 
improving United States and international systems 
for the protection of women and children during a 
complex humanitarian emergency; and 
(5) a mechanism for coordinating and over-
seeing United States efforts to prevent and respond 
to gender-based violence and exploitation of children 
that occurs during a complex humanitarian emer-
gency. 
SEC. 403. EARLY WARNING AND EARLY ACTION SYSTEMS. 
(a) PREVENTIVE ACTIONS.—The Special Coordinator 
appointed pursuant to section 402(a) of the Foreign As-
sistance Act of 1961 (as added by section 112 of this Act) 
(or, if such Coordinator is not appointed pursuant to such 
section, the Administrator of the United States Agency for 
International Development) shall—
lence or exploitation of children that may occur dur-
ing a complex humanitarian emergency; 
(5) develop a procedure for nongovernmental 
organizations to report evidence of gender-based vio-
lence and exploitation of children, during a complex 
humanitarian emergency to ensure appropriate re-
sponse by United States officials; and 
(6) establish a reporting and monitoring system 
for United States diplomatic missions and consular 
posts and missions of the United States Agency for 
International Development to collect and submit to 
the Special Coordinator or Administrator, as appro-
priate, standardized data on evidence that women 
and children are being targeted for or are at in-
creased risk of violence or exploitation in complex 
humanitarian emergencies. 
(b) REPORTING AND MONITORING.—Not later than 
30 days after a country or region is placed on a list main-
tained under subsection (a)(1), each United States diplo-
matic mission and consular post located in such country 
or region shall submit to the Special Coordinator or Ad-
ministrator, as appropriate, a description of the measures 
undertaken by such mission or post for the protection of 
women and children in the event of a complex humani-
tarian emergency.
(c) DISSEMINATION OF INFORMATION.—The Special 
Coordinator or Administrator, as appropriate, shall make 
available to the public, including to nongovernmental orga-
nizations located in areas where there is an increased risk 
of gender-based violence or exploitation of children, the in-
formation, procedures, systems, and measures described in 
subsections (a) and (b). 
SEC. 404. WHISTLEBLOWER SYSTEM. 
(a) DESIGN OF MODEL SYSTEM.—The Secretary of 
State should urge the United Nations High Commissioner 
for Refugees to work with nongovernmental organizations 
to design and implement a model ‘‘whistleblower’’ system 
under which humanitarian workers, refugees, and inter-
nally displaced persons can report instances of gender-
based violence or exploitation of children. Such a system 
should ensure that—
(1) reports of instances of gender-based violence 
or exploitation of children may be made confiden-
tially and without risk of retribution; 
(2) such reports are swiftly and thoroughly in-
vestigated and adjudicated; and 
(3) appropriate disciplinary action is taken 
against a person found to have committed an act of 
gender-based violence or exploited a child.
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to 
the appropriate congressional committees a report on 
progress that has been made toward designing and imple-
menting the model whistleblower system described in sub-
section (a). 
SEC. 405. CODE OF CONDUCT FOR NONGOVERNMENTAL 
ORGANIZATIONS THAT PROVIDE ASSISTANCE 
TO REFUGEES OR INTERNALLY DISPLACED 
PERSONS. 
(a) LIMITATION ON ASSISTANCE.—None of the funds 
made available to carry out this Act, any amendment 
made by this Act, or any other provision of law for the 
purposes of the provision of assistance to refugees or in-
ternally displaced persons may be provided to a non-
governmental organization that has failed to adopt a code 
of conduct regarding the protection of beneficiaries of hu-
manitarian assistance that incorporates the core principles 
described in subsection (c). 
(b) TERMINATION OF CERTAIN GRANTS, CONTRACTS 
AND COOPERATIVE AGREEMENTS.—The President shall 
ensure that any grant, contract, or cooperative agreement 
provided or entered into by a Federal department or agen-
cy which is subject to the limitation contained in sub-
section (a) shall include a condition that authorizes the
department or agency to terminate the grant, contract, or 
cooperative agreement, as the case may be, without pen-
alty, if the grantee or any subgrantee, or the contractor 
or any subcontractor, violates the code of conduct regard-
ing the protection of beneficiaries of humanitarian assist-
ance that incorporates the core principles described in sub-
section (c). 
(c) CORE PRINCIPLES.—The core principles referred 
to in subsection (a) are the following: 
(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 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, including exchange of assist-
ance that is due to beneficiaries. 
(4) Sexual relationships between the providers 
and beneficiaries of humanitarian assistance are 
strongly discouraged since they are based on inher-
ently unequal power dynamics. Such relationships 
undermine the credibility and integrity of humani-
tarian assistance work. 
(5) Whenever a humanitarian assistance worker 
develops concerns or suspicions regarding sexual 
abuse or exploitation by a fellow worker, whether in 
the same agency or not, the worker must report 
such concerns through established agency reporting 
mechanisms. 
(6) Humanitarian assistance agencies are 
obliged to create and maintain an environment that 
prevents sexual exploitation and abuse and promotes 
the implementation of their code of conduct. Man-
agers at all levels have particular responsibilities to 
support and develop systems that maintain this envi-
ronment. 
SEC. 406. REVIEW OF OPERATIONS AT REFUGEE AND DIS-
PLACED PERSONS CAMPS. 
It is the sense of Congress that all United States 
Government agencies, nongovernmental organizations, 
and multilateral organizations that are implementing 
United States humanitarian assistance programs should 
conduct a thorough review of their administrative, man-
agement, and employment practices at refugee and dis-
placed persons camps for the purposes of—
(1) significantly increasing the number of 
women involved in the distribution of food and hu-
manitarian supplies; 
(2) expanding opportunities for women to gen-
erate legitimate income in the camps, including 
through employment in the camps; 
(3) educating providers and beneficiaries of hu-
manitarian assistance about the seriousness of gen-
der-based violence and exploitation of children; 
(4) improving expatriate supervision and moni-
toring of daily operations in the camps; 
(5) improving the design and logistics of camps 
to create a safer and more secure environment for 
women and children, including through consultation 
with female camp residents; 
(6) keeping formal and detailed records, includ-
ing photographs, of locally hired staff, and ensuring 
that they are adequately paid and trained; 
(7) providing training for humanitarian assist-
ance workers on their obligations and responsibilities 
under a code of conduct; 
(8) developing systems of accountability to 
deter and punish gender-based violence, exploitation 
of children, and other protection violations including 
through identification of procedures for reporting