H. R. 4058 - UNITED STATES ASSISTANCE FOR CIVILIANS AFFECTED BY CONFLICT ACT OF 2004

Introduced in the House by Representative Henry J. Hyde (R-IL) on March 30, 2004. 

This bill will improve United States actions to respond to complex humanitarian emergencies in foreign countries, to provide assistance to support democracy and long-term development in certain foreign countries, to provide assistance to respond to crises in foreign countries, to provide protection for civilians affected by conflict, and to improve post-conflict reconstruction efforts in certain foreign countries.

The purposes of this Act, and the amendments made by this Act, are:

• to improve United States actions to respond to complex humanitarian emergencies in foreign countries, including by establishing an effective United States Government interagency policy planning and implementation process to prepare for and respond to such emergencies; and providing protection for people affected by a complex humanitarian emergency and providing assistance to foreign countries affected by such an emergency
• to provide assistance to support democracy and long-term development in certain foreign countries;
• to provide assistance to respond to crises in foreign countries;
• to provide protection for civilians affected by conflict; and
• to improve post-conflict reconstruction efforts in certain foreign countries.

Congress declares the following:

• The United States Government should establish and implement an interagency policy planning and implementation process among the Federal departments and agencies responsible for the conduct of foreign affairs and national security in order to anticipate and promptly respond to complex humanitarian emergencies in foreign countries.
• Such an interagency process should develop as its product an operational approach that accounts for economic, political, humanitarian, and military factors and interests.
• 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 humanitarian emergency responses or post-conflict reconstruction efforts.

Not later than 90 days after the date of the enactment of this Act, the President shall establish among the Federal departments and agencies responsible for the conduct of foreign affairs and national security an interagency policy planning and implementation process to ensure advance planning, coordinated action, and harmonized execution to respond to complex humanitarian emergencies in foreign countries and to ensure that such planning and action is consistent with the national interests of the United States.

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:

• 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 actions to respond to complex humanitarian emergencies in foreign countries.
• Provide protection for people affected by a complex humanitarian emergency.
• Provide assistance to foreign countries affected by a complex humanitarian emergency, or to international organizations or private voluntary organizations, on such terms and conditions as the President may determine, for the benefit of such affected countries

The President is authorized, 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:

• training of field workers on identifying and responding to violence, particularly gender-based violence, and the exploitation of children;
• support for the rapid deployment of protection officers to countries affected by complex humanitarian emergencies;
• support for registration initiatives to document refugees and internally displaced persons for purposes of facilitating the provision of humanitarian assistance to such persons and the reunification of families; and
• support for programs that provide assistance to civilians who are displaced due to such an emergency

Congress declares that it shall be the policy of the United States to ensure that organizations funded by the United States Government that respond to complex humanitarian emergencies in foreign countries have the resources necessary to address the specific health needs of women affected by such emergencies in order:

• to prevent and manage the consequences of sexual violence;
• to reduce transmission of HIV;
• to provide obstetric care;
• to integrate women's health services into the primary health care services provided during such an emergency; and
• to provide education to prevent the incidence of gender-based violence, exploitation of women and children, and the spread of HIV.

The President is authorized to provide assistance to support the transition to democracy and long-term development in countries emerging from political instability, civil strife, or armed conflict.

The President is authorized to provide assistance to victims of civil strife and warfare in foreign countries.

Whenever the President determines 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 determine assistance under this section for the purpose of meeting unexpected urgent famine needs in foreign countries, especially relating to complex humanitarian emergencies.

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.

The Special Coordinator appointed pursuant to section 402(a) of the Foreign Assistance Act of 1961 (as added by section 112 of this Act) shall:

• maintain a database of information related to occurrences of gender-based violence or exploitation of children during a complex humanitarian emergency;
• develop 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 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;
• disseminate to United States embassies and consular posts the lists described above;
• 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;
• 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
• 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 appropriate, 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.

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 internally displaced persons can report instances of gender-based violence or exploitation of children.

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 internally displaced persons may be provided to a nongovernmental organization that has failed to adopt a code of conduct regarding the protection of beneficiaries of humanitarian assistance.

+ FULL TEXT OF BILL