To make the protection of women and children who are affected by a complex humanitarian emergency a priority of the United States Government, and for other purposes.

May 6, 2003

Mr. BIDEN (for himself, Mr. MCCAIN, Mrs. FEINSTEIN, Mr. DODD, Mr. KERRY, Mrs. CLINTON, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

To make the protection of women and children who are affected by a complex humanitarian emergency a priority of the United States Government, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Women and Children in Conflict Protection Act of 2003'.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

TITLE I--PROGRAM AND POLICY COORDINATION

Sec. 101. Findings.

Sec. 102. Purposes.

Sec. 103. Requirement to develop integrated strategy.

Sec. 104. Designation of Coordinator.

TITLE II--PREVENTION AND PREPAREDNESS

Sec. 201. Findings.

Sec. 202. Early warning and early action systems.

TITLE III--SECURITY FOR REFUGEE AND INTERNALLY DISPLACED WOMEN AND CHILDREN

Sec. 301. Findings.

Sec. 302. Codes of conduct.

Sec. 303. Sense of Congress regarding administration practices in camps for refugees and displaced persons.

Sec. 304. Health services for refugees and displaced persons.

Sec. 305. Whistleblower system.

Sec. 306. Women's economic self-sufficiency.

Sec. 307. International military education and training.

Sec. 308. Protection initiatives.

Sec. 309. Accountability.

TITLE IV--POSTCONFLICT RECONSTRUCTION AND REHABILITATION

Sec. 401. Findings.

Sec. 402. Support for communities and former combatants.

Sec. 403. Police reform and accountability.

Sec. 404. Sense of Congress regarding the improvement of United Nations peacekeeping operations.

TITLE V--WOMEN AND CHILDREN'S PROTECTION ASSISTANCE

Sec. 501. Women and children's protection assistance.

SEC. 3. DEFINITIONS.

In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.

(2) CHILDREN- The term `children' means persons under the age of 18 years.

(3) COMPLEX HUMANITARIAN EMERGENCY- The term `complex humanitarian emergency' means a situation that--

(A) occurs outside the United States and results in a significant number of--

(i) refugees;

(ii) internally displaced persons; or

(iii) other civilians requiring basic humanitarian assistance on an urgent basis; and

(B) is caused by one or more situations including--

(i) armed conflict;

(ii) natural disaster;

(iii) significant food shortage; or

(iv) state-sponsored harassment or persecution.

(4) COORDINATOR- The term `coordinator' means an individual designated by the Secretary under section 104(a).

(5) EXPLOITATION OF CHILDREN- The term `exploitation of children' means--

(A) adult sexual activity with children;

(B) kidnapping or forcibly separating children 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 recruitment into armed forces or as combatants; and

(E) withholding or obstructing access of children to food, shelter, medicine, and basic human services.

(6) FORMER COMBATANT- The term `former combatant' means a woman or child who was a member of or affiliated with an armed group, including serving as a cook, a porter, or a 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.

(7) 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 and trafficking in persons;

(D) demands for sex in exchange for employment, goods, services, or protection;

(E) withholding or obstructing access to food, shelter, medicine, and basic human services; and

(F) other forms of violence based on gender.

(8) HIV- The term `HIV' means the human immunodeficiency virus, the virus that causes the acquired immune deficiency syndrome (AIDS).

(9) INTER-AGENCY STANDING COMMITTEE- The term `Inter-Agency Standing Committee' means the Inter-Agency Standing Committee established in response to United Nations General Assembly Resolution 46/182 of December 19, 1991.

(10) PROTECTION- The term `protection', with respect to an individual, a family, a group, or a community, 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.

(11) SECRETARY- The term `Secretary' means the Secretary of State.

(12) SEX TRAFFICKING- The term `sex trafficking' has the meaning given the term in section

103 of Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

(13) TRAFFICKING IN PERSONS- The term `trafficking in persons' has the meaning given the term `severe forms of trafficking in persons' in section 103 of Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

(14) 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.

TITLE I--PROGRAM AND POLICY COORDINATION

SEC. 101. FINDINGS.

Congress makes the following findings:

(1) The nature of war has changed dramatically in recent decades, putting women and children at greater risk of death, disease, displacement, and exploitation.

(2) Civilians, particularly women and children, account for the vast majority of those adversely affected by complex humanitarian emergencies, including as refugees and internally displaced persons, and increasingly are targeted by combatants and armed elements for murder, abduction, forced military conscription, involuntary servitude, displacement, sexual abuse and slavery, mutilation, and loss of freedom.

(3) Traditionally, humanitarian response has focused on providing food, medical care, and shelter needs, while placing less emphasis on the safety and security of those affected by a complex humanitarian emergency.

(4) Few well-coordinated efforts exist to prevent and respond to violence against women and children when they are refugees or internally displaced persons.

(5) While the United Nations High Commissioner for Refugees and the Department of State are charged with protecting refugees, there is no United States Government agency or international body with a clear mandate to protect internally displaced persons and those at risk of displacement as a result of a complex humanitarian emergency.

(6) There is a substantial need for the protection of women and children to be given a high priority during all complex humanitarian emergencies.

SEC. 102. PURPOSES.

The purposes of this Act are--

(1) to ensure that the United States Government has adequate capabilities to support programs that provide for the protection of women and children who are affected by a complex humanitarian emergency;

(2) to build the capacities of United States Government agencies, multilateral institutions, international nongovernmental organizations, local nongovernmental organizations, and local communities to prevent and respond effectively to gender-based violence and exploitation of children that occur during a complex humanitarian emergency; and

(3) to provide increased funding for the protection of women and children affected by a complex humanitarian emergency.

SEC. 103. REQUIREMENT TO DEVELOP INTEGRATED STRATEGY.

(a) REQUIREMENT- The Secretary shall, in consultation with the Administrator of the United States Agency for International Development, 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 outlining 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 various 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 resources;

(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 overseeing United States efforts to prevent and respond to gender-based violence and exploitation of children that occurs during a complex humanitarian emergency.

SEC. 104. DESIGNATION OF COORDINATOR.

(a) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Secretary shall designate one or more senior-level officials of the Department of State or the United States Agency for International Development as a coordinator or coordinators, as the case may be, to be responsible for the oversight and coordination of United States Government efforts to provide protection to women and children who are affected by a complex humanitarian emergency.

(b) DUTIES- A coordinator designated under subsection (a) shall--

(1) coordinate the actions taken to carry out the purposes of this Act, as described in section 102;

(2) be responsible for the oversight and coordination of United States Government efforts to protect women and children who are affected by a complex humanitarian emergency; and

(3) provide United States embassies and consular posts with mechanisms to warn relief agencies of an impending complex humanitarian emergency.

(c) NOTIFICATION- Not later than 5 days after designating an official as a coordinator under subsection (a), the Secretary shall submit the name of such official to the appropriate congressional committees.

TITLE II--PREVENTION AND PREPAREDNESS

SEC. 201. FINDINGS.

Congress makes the following findings:

(1) The percentage of civilians killed and wounded as a result of hostilities has risen from 5 percent of all casualties at the turn of the 19th century to 65 percent during World War II and to 90 percent in more recent hostilities. Women and children comprise the majority of civilian deaths and the majority of all refugees from hostilities.

(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 orphaned or separated from their families as a result of war.

(3) In many armed conflicts, soldiers have destroyed food supplies and productive capacities, stolen donated food intended for women and children, and blocked the distribution of humanitarian aid.

(4) During 2003, an estimated 300,000 children have been compulsorily recruited into military operations around the world, including a large number of girls who have been forced to work as combatants, cooks, messengers, spies, or sexual slaves for soldiers.

(5) The use of rape, particularly against women and girls, is an increasingly common tactic in modern war.

(6) The international community has a responsibility pursuant to the Protocol Relating to the Status of Refugees done at New York October 4, 1967 (19 UST 6223), the Convention Relating to the Status of Refugees done at Geneva July 28, 1951, and the Convention Relative to the Protection of Civilian Persons in Time of War done at Geneva August 12, 1949 (6 UST 3516), to take preventive action that would improve preparedness and reduce the vulnerability of women and children to violence and exploitation.

SEC. 202. EARLY WARNING AND EARLY ACTION SYSTEMS.

(a) PREVENTIVE ACTIONS- Each coordinator shall--

(1) maintain a data base of information related to occurrences of gender-based violence or exploitation of children during a complex humanitarian emergency;

(2) develop, based on the information contained in the database required by paragraph (1) and other research--

(A) a list of early warning signs that indicate there is a likelihood that gender-based violence or exploitation of children will occur during a complex humanitarian emergency; and

(B) a list, that is updated regularly, of countries or regions where there is an increased risk of gender-based violence or exploitation of children due to a complex humanitarian emergency to enhance the preparedness of the United States Government or organizations funded by the United States Government to respond to such an emergency;

(3) disseminate to United States embassies and consular posts the lists described in subparagraphs (A) and (B) of paragraph (2);

(4) assist embassies and consular posts in responding to an increased risk of gender-based violence or exploitation of children that may occur during a complex humanitarian emergency;

(5) develop a procedure for nongovernmental organizations to report evidence of gender-based violence and exploitation of children, during a complex humanitarian emergency to ensure appropriate response 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 coordinator standardized data on evidence that women and children are being targeted for or are at increased 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 maintained under subsection (a)(1), each United States diplomatic mission and consular post located in such country or region shall submit to the appropriate coordinator a description of the measures undertaken by such mission or post for the protection of women and children in the event of a complex humanitarian emergency.

(c) DISSEMINATION OF INFORMATION- A coordinator shall make available to the public, including to nongovernmental organizations located in areas where there is an increased risk of gender-based violence or exploitation of children, the information, procedures, systems, and measures described in subsections (a) and (b).

TITLE III--SECURITY FOR REFUGEE AND INTERNALLY DISPLACED WOMEN AND CHILDREN

SEC. 301. FINDINGS.

Congress makes the following findings:

(1) Almost one-half of the world's estimated 37,500,000 refugees and internally displaced persons are children.

(2) Food rations in camps for refugees and internally displaced persons are often limited and unpredictable, and vulnerable women rarely have legitimate opportunities to generate income or products to barter for additional food and other supplies.

(3) 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 gender-based violence due to poor security in refugee camps.

(4) 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 refugee 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 distinctly placed sanitary facilities for men and women;

(D) incomplete rations and delayed delivery of supplies to refugees; and

(E) lack of punishment for perpetrators, including adult refugees, of sexual crimes against children in refugee situations.

(5) 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 detention, imprisonment, and deportation.

(6) Existing nongovernmental organization and international agency policies, procedures, training programs, monitoring, and accountability mechanisms have not protected displaced women and children from exploitation and abuse, provided adequate assistance to survivors, or to disciplined offenders and achieved justice.

(7) 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.

(8) 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 assistance.

(9) The Inter-Agency Standing Committee has identified standards of behavior applicable to all of its personnel and is implementing a plan of action related to protection from sexual exploitation and abuse to strengthen mechanisms for protecting those who depend on international aid.

SEC. 302. CODES OF CONDUCT.

(a) LIMITATION ON ASSISTANCE- None of the funds made available by the Department of State through the Migration and Refugee Assistance account or the Emergency Refugee and Migration Assistance account or by any provision of law for the purposes of the provision of assistance to refugees or internally displaced persons may be provided to an organization that has failed to adopt a code of conduct regarding the protection of beneficiaries of humanitarian assistance that incorporates the 6 core principles recommended by the Inter-Agency Standing Committee, as described in subsection (b).

(b) CORE PRINCIPLES- The 6 core principles for the protection of beneficiaries are as follows:

(1) Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment.

(2) Sexual activity with persons under the age of 18 years 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 behavior, is prohibited. This includes exchange of assistance that is due to beneficiaries.

(4) Sexual relationships between the providers and beneficiaries of humanitarian assistance are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian 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. Managers at all levels have particular responsibilities to support and develop systems that maintain this environment.

SEC. 303. SENSE OF CONGRESS REGARDING ADMINISTRATION PRACTICES IN CAMPS FOR REFUGEES AND DISPLACED PERSONS.

It is the sense of Congress that all agencies, including multilateral and nongovernmental agencies, implementing United States humanitarian assistance programs should conduct a thorough review of their administrative, management, and employment practices in refugee and displaced persons camps for the purposes of--

(1) significantly increasing the number of women involved in the distribution of food and humanitarian supplies;

(2) expanding opportunities for women to generate legitimate income in the camps, including through employment in the camps;

(3) educating providers and beneficiaries of humanitarian assistance about the seriousness of gender-based violence and exploitation of children;

(4) improving expatriate supervision and monitoring 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, including photographs, of locally hired staff, and ensuring that they are adequately paid and trained;

(7) providing training for humanitarian assistance 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

and investigating allegations of abuse that protect the safety and confidentiality of the survivors; and

(9) ensuring that applicants for jobs in camps are screened to prevent individuals who may have been involved in protection violations from being hired by camp authorities.

SEC. 304. HEALTH SERVICES FOR REFUGEES AND DISPLACED PERSONS.

(a) FINDINGS- Congress makes the following findings:

(1) Complex humanitarian emergencies result in particular risks for women and girls.

(2) Refugee and displaced women face heightened risks of developing complications during pregnancy, suffering a miscarriage, dying, being injured during childbirth, becoming infected with HIV or another sexually transmitted infection, or suffering from posttraumatic 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 an emergency, the period when such activities and supplies are most needed and may be most effective.

(b) PROVISION OF HEALTH SERVICES-

(1) REQUIREMENTS- Each coordinator shall--

(A) ensure that organizations funded by the United States that respond to a complex humanitarian emergency have the resources necessary to address the specific health needs of women affected by the emergency; and

(B) identify an organization or individual to facilitate the coordination and implementation of the activities needed to respond to the health needs of women as soon as practicable and not later than 30 days after the development of a complex humanitarian emergency.

(2) ACTIVITIES DEFINED- The activities referred to in paragraph (1)(B) include activities to--

(A) prevent and manage the consequences of sexual violence;

(B) reduce transmission of HIV;

(C) provide obstetric care; and

(D) draft a plan to integrate women's health services into the primary health care services provided during a complex humanitarian emergency, including--

(i) collection of background data on maternal, infant and child mortality, and the rate of HIV infection;

(ii) identification of suitable sites for future delivery of women's health services by addressing security problems, accessibility for all potential users, privacy and confidentiality during visits, easy access to water and sanitation, appropriate space for users' waiting time, and aseptic conditions;

(iii) an assessment of the staff capacity to provide women's health services; and

(iv) a plan for staff training.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $12,000,000 for fiscal year 2004, and $14,000,000 for fiscal year 2005, to carry out subsection (b). The amounts authorized to be appropriated in this subsection are in addition to amounts appropriated for such fiscal years to the Department of State for the Migration and Refugee Assistance account, the Emergency Refugee and Migration Assistance account, or the International Disaster Assistance account.

SEC. 305. WHISTLEBLOWER SYSTEM.

(a) DESIGN OF MODEL SYSTEM- The Secretary 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 internally 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 confidentially and without risk of retribution;

(2) such reports are swiftly and thoroughly investigated 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 a report to the appropriate congressional committees on progress that has been made toward designing and implementing the model whistleblower system described in subsection (a).

SEC. 306. WOMEN'S ECONOMIC SELF-SUFFICIENCY.

(a) FINDINGS- Congress makes the following findings:

(1) It is often difficult to determine when it is safe for women and children to return to a community affected by a complex humanitarian emergency, and in many instances the affected women and children remain refugees or internally displaced for considerable periods of time.

(2) To reduce vulnerability to exploitation and abuse, women who are uprooted from their communities must be given legitimate opportunities to generate income to support themselves and their families.

(3) In situations of long-term displacement, humanitarian and development agencies should provide legal assistance, technical and vocational training, and access to credit for women, so they can earn a safe and lawful livelihood.

(b) WORK PERMITS- The Department of State should work with host governments, the United Nations High Commissioner for Refugees, and other appropriate United Nations agencies to ensure that, in situations of long-term displacement, refugees and internally displaced persons are granted work permits and other necessary documentation by the host government and local authorities to enable them to generate legitimate income.

(c) Amendments to Microenterprise Act of 2000- Section 102 of the Microenterprise for Self-Reliance 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 livelihoods 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 expand the availability of microcredit programs to internally displaced persons, who historically have not had access to such programs.'.

(d) AMENDMENTS TO THE FOREIGN ASSISTANCE ACT- Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--

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

(A) in subsection (b)(3), by inserting after `microentrepeneurs' the following: `, with an emphasis on women microentrepeneurs,'; and

(B) by adding at the end the following new subsection:

`(g) REPORTING REQUIREMENT- The Administrator of the agency primarily responsible for administering this part, as part of the annual congressional presentation documents of the agency, shall submit to Congress a report that contains--

`(1) an estimate of the number of women living below the national poverty line that have secured loans or received training through the programs described in this Act;

`(2) the percentage of women borrowers in programs funded by the agency under this Act;

`(3) the percentage of the total loan funds disbursed by the agency under this Act that were made available to women borrowers; and

`(4) a discussion of the impact that such loans have had on the economic status of such women.'; and

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

(A) in subsection (b)(1)(D), by inserting before the period at the end the following: `, including programs to eliminate legal and institutional barriers to women's ownership of assets, access to credit, and engagement in business activities within or outside of the home';

(B) in subsection (b)(2)(C), by inserting before the period at the end the following: `, including women's organizations'; and

(C) in subsection (c)--

(i) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and realigning such subparagraphs, as so redesignated, four ems from the left margin;

(ii) by striking `In order' and inserting the following:

`(1) ESTABLISHMENT- In order';

(iii) in subparagraph (D), as redesignated by clause (i), by striking `paragraph (3)' and inserting `subparagraph (C)'; and

(iv) by adding at the end the following new paragraph:

`(2) DISAGGREGATION- All goals, indicators, analyses, and recommendations required by this section shall be disaggregated by sex.'.

(e) MICROFINANCE GRANTS-

(1) IN GENERAL- Of the funds made available for the Department of State under section 135(b)(2) of the Foreign Assistance Act of 1961 (as added by section 501 of this Act), $1,500,000 may be made available to provide grant assistance--

(A) to microfinance institutions for the purpose of expanding the availability of credit, savings, training, technical assistance, business development services, and other financial services to very poor entrepreneurs, as defined in section 131(b)(3) of the Foreign Assistance Act of 1961, who are refugees; and

(B) for policy and regulatory programs at the country level that improve the environment for microenterprise among refugee populations.

(2) GRANT PROVIDERS- Assistance described in paragraph (1) shall be provided through United States and indigenous private and voluntary organizations, credit unions, cooperatives, and other nongovernmental organizations with a capacity to develop and implement microenterprise programs.

SEC. 307. 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 who are affected by armed conflict, including those who, as a result of an armed conflict, are refugees or displaced persons.'.

SEC. 308. PROTECTION INITIATIVES.

(a) SENSE OF CONGRESS- It is the sense of Congress that--

(1) the Secretary and the Administrator of the United States Agency for International Development should continue to develop protection initiatives that support nongovernmental organizations and multilateral institutions in identifying protection problems associated with complex humanitarian emergencies and strategies for prevention of gender-based violence and exploitation of children and accountability during a complex humanitarian emergency, including--

(A) training of field workers on identifying and responding to gender-based violence and the exploitation of children;

(B) support for the rapid deployment of personnel trained to identify protection needs to areas affected by complex humanitarian emergencies;

(C) support for registration initiatives which document refugees and internally displaced persons for purposes including the provision of assistance to such persons and of family reunification; and

(D) support for programs that provide assistance to women who were displaced due to a complex humanitarian emergency, including--

(i) psycho-social counseling;

(ii) training related to income generation and employment skills; and

(iii) emergency health care required to respond to gender-based violence; and

(2) the United Nations High Commissioner for Refugees should review--

(A) its placement practices to ensure that--

(i) senior protection officials are assigned to the posts where women and children are in the most danger of gender-based violence or exploitation;

(ii) experienced protection officers are present at border crossings; and

(iii) more female staff are present in camps for refugees or displaced persons; and

(B) its personnel system to facilitate the hiring of successful junior professional officers on a permanent basis following their initial tours of duty.

(b) REPORT- Not later than 90 days after the date of enactment of this Act, the Secretary shall report to the appropriate congressional committees any steps taken to develop the protection initiatives described in subsection (a).

SEC. 309. ACCOUNTABILITY.

(a) REQUIRED ACTIONS- Each coordinator shall--

(1) report allegations of gender-based violence, exploitation of children, and other protection violations to the Inter-Agency Standing Committee for appropriate response; and

(2) request an annual report from the United Nations High Commissioner for Refugees on the actions taken by the High Commissioner to prevent gender-based violence, exploitation of children, and other protection violations.

(b) REPORT- Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to the appropriate congressional committees the report described in paragraph (2) of subsection (a).

TITLE IV--POSTCONFLICT RECONSTRUCTION AND REHABILITATION

SEC. 401. FINDINGS.

Congress makes the following findings and statements of policy:

(1) The United Nations Security Council Resolution 1325 of October 31, 2000, called on all actors involved in the negotiation and implementation of peace agreements to address the specific needs of women and girls during and after armed conflicts.

(2) Women and children can play an important role in the prevention and resolution of armed conflicts and in peace-building.

(3) Despite positive roles of women in fostering peace, they are excluded from most peace negotiations at the diplomatic and operational level.

(4) Effective institutional arrangements designed to ensure the protection and full participation of women and youth in the peace process, including peacekeeping as well as peace-building, can significantly contribute to the maintenance and promotion of international peace and security.

(5) Rape should receive special attention by war crimes tribunals, truth and reconciliation panels, and other organs of justice.

(6) Assistance that is linked to peace processes should support and strengthen women's roles as economic leaders and assist women in accessing the global marketplace.

(7) Women must be afforded an equal role in decisionmaking to ensure that their interests are represented at all levels of government.

SEC. 402. SUPPORT FOR COMMUNITIES AND FORMER COMBATANTS.

(a) REQUIREMENT FOR PROGRAMS- The Secretary, in conjunction with the Administrator for the United States Agency for International Development, shall develop and implement specific programs to provide assistance to communities that have been affected by a complex humanitarian emergency and to former combatants, including:

(1) ECONOMIC DEVELOPMENT- Multi-year economic development programs that are intended to provide gender-balanced benefits and to assist female heads of households.

(2) PRODUCTIVE ASSETS- Programs to increase access to or ownership of productive assets such as land, agricultural equipment, and credit by women.

(3) EDUCATION AND TRAINING- Education and training programs that are integrated with economic development programs to encourage the reintegration of former combatants into society and to promote post-conflict stability in affected communities.

(4) EXTENSION OF EDUCATION AND TRAINING- Programs to extend education and training, including training in business development, to women and girls.

(5) POLITICAL EMPOWERMENT- Programs to politically empower women, including training to assist women and women's organizations in understanding legal systems, electoral processes, legislation advocacy, and the role of the media, public affairs and information technology in politics, and in obtaining leadership positions.

(b) PROGRAMS OF THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT- The United States Executive Director of the International Bank for Reconstruction and Development shall work to ensure 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.

SEC. 403. POLICE REFORM AND ACCOUNTABILITY.

(a) FINDINGS- Congress makes the following findings:

(1) In many developing and postconflict countries, police and military forces continue to function as instruments of repression, coercion, and centralized power, even after a transition to democracy has begun.

(2) In order for a transitional, postconflict society to become stable and democratic, it is necessary for the government of such society to make a clear separation between police and military functions, and clearly define the military forces that are subject to civilian, democratic control, and the point at which police forces become accountable, representative service-providers to local communities.

(3) Police officers in developing and postconflict countries are often paid minimal salaries and receive little or improper training, resulting in widespread police corruption and citizens viewing the police as an obstacle to justice rather than the enforcer of justice.

(4) Successful professionalization and democratic reform of police forces requires not only adequate financial resources, but also concurrent strengthening of the rule of law and system of justice, transparency, and cooperation with local community and human rights organizations, removal of corrupt and abusive personnel, and political will for meaningful reform at the highest levels of government.

(b) REPORT- Not later than 90 days after the date of enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on all current programs to assist nations to reconstitute civilian police authority and capability following a complex humanitarian emergency, including ensuring the enforcement of laws that are designed to protect women and children and improve accountability for gender-based violence.

SEC. 404. SENSE OF CONGRESS REGARDING THE IMPROVEMENT OF UNITED NATIONS PEACEKEEPING OPERATIONS.

It is the sense of Congress that the United Nations Department of Peacekeeping Operations should--

(1) ensure that gender issues are mainstreamed into its peacekeeping missions, including by establishing a senior gender advisor post within the Department of Peacekeeping Operations which reports directly to the Under Secretary General for Peacekeeping Operations;

(2) provide military, police, and civilian personnel deployed to areas where women and children are at risk of gender-based violence or exploitation with training materials that--

(A) assist such personnel with protecting and addressing the particular needs of women and children; and

(B) were developed in consultation with women's organizations; and

(3) ensure that the Special Representative of the Secretary General of the peacekeeping mission has direct contact with local women leaders or women's organizations in the area in which the peacekeepers are deployed for the purpose of obtaining information regarding gender-based violence or exploitation of children.

TITLE V--WOMEN AND CHILDREN'S PROTECTION ASSISTANCE

SEC. 501. WOMEN AND CHILDREN'S 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. WOMEN AND CHILDREN'S PROTECTION ASSISTANCE.

`(a) AUTHORITY- Notwithstanding any other provision 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 safeguard the human rights and dignity of civilian women and children who are refugees, displaced persons, or living in areas affected by a complex humanitarian emergency. Such assistance shall include programs--

`(1) to build the capacity of nongovernmental organizations to protect women and children during a complex humanitarian emergency, by training staff, incorporating cross-sectored initiatives that promote child protection, collecting and analyzing data, developing curricula, designing field programs, and building local partnerships;

`(2) to support local and international nongovernmental initiatives to prevent, detect, and report exploitation of children and gender-based violence, including through the provision of training humanitarian protection monitors for refugees and internally displaced persons;

`(3) to conduct protection and security assessments for refugees and internally displaced persons in camps or in communities, with special emphasis on the security of women and children for the purposes of improving the design and security of camps for refugees and internally displaced persons, including provision for lights, fences, radios, and other logistics and durable goods;

`(4) to provide, when practicable, education during a complex humanitarian emergency, including primary, secondary, remedial, and accelerated education, vocational and technical training, health and safety awareness, and other structured activities that create safe spaces for children and adolescents, especially for girls;

`(5) to reintegrate and rehabilitate former combatants and survivors of gender-based violence, including through remedial and accelerated education, technical, and vocational training, psychosocial assistance and trauma counseling, family and community reinsertion, medical assistance, and strengthening community systems to support sustained reintegration;

`(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 monitoring and followup services;

`(8) to provide legal services for survivors of rape, torture, and other forms of gender-based violence, including the collection of evidence for war crimes tribunals and advocacy for legal reform; and

`(9) to provide training in human rights and humanitarian law, particularly as they relate to the protection of women and children, to local law enforcement personnel in areas of high concentration of refugees and internally displaced persons.

`(b) COMPLEX HUMANITARIAN EMERGENCY DEFINED- In this section, the term `complex humanitarian emergency' means a situation that--

`(1) occurs outside the United States and results in a significant number of--

`(A) refugees;

`(B) internally displaced persons; or

`(C) other civilians requiring basic humanitarian assistance on an urgent basis; and

`(2) is caused by one or more situations including--

`(A) armed conflict;

`(B) natural disaster;

`(C) significant food shortage; or

`(D) state-sponsored harassment or persecution.

`(c) AUTHORIZATION OF APPROPRIATIONS-

`(1) IN GENERAL- There is authorized to be appropriated to the President $45,000,000 for each of fiscal years 2004 and 2005 to carry out this section.

`(2) ALLOCATION OF FUNDS- Of the amounts authorized to be appropriated under paragraph (1), in each fiscal year, $25,000,000 shall be administered by the United States Agency for International Development and $20,000,000 shall be administered by the Department of State.

`(3) LIMITATION- Of the amounts authorized to be appropriated under paragraph (1)--

`(A) not more than $2,000,000 shall be made available in a fiscal year for the programs described in subsection (a)(5); and

`(B) not more than $2,000,000 may be transferred in each fiscal year to the Department of Justice to provide training for foreign law enforcement personnel in the investigation and prosecution of gender-based violence and exploitation of children.

`(4) RELATION TO EXISTING LAW- The authority provided by subsection (a) shall be subject to the limitations and prohibitions contained in section 104(f).

`(5) ADDITIONAL FUNDS- Amounts authorized to be appropriated by this section shall be made available, in addition to funds otherwise made available under this part, to the Department of State for the Migration and Refugee Assistance account or the Emergency Refugee and Migration Assistance account, or to the United States Agency for International Development for the International Disaster Assistance account.

`(6) COMPETITIVE GRANTS- Amounts authorized to be appropriated by this section shall be made available in the form of grants and cooperative agreements that are issued on an open and competitive basis.

`(7) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to this section are authorized to remain available until expended.'.

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