[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4092 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4092
To improve United States consideration of, and strategic support for,
programs to prevent and respond to gender-based violence from the onset
of humanitarian emergencies and build the capacity of humanitarian
assistance to address the immediate and long-term challenges resulting
from such violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2019
Ms. Meng (for herself, Mr. Stewart, Ms. Frankel, Mr. Diaz-Balart, and
Ms. Houlahan) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To improve United States consideration of, and strategic support for,
programs to prevent and respond to gender-based violence from the onset
of humanitarian emergencies and build the capacity of humanitarian
assistance to address the immediate and long-term challenges resulting
from such violence, 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 ``Safe from the Start Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Displaced, refugee, and stateless women and girls in
humanitarian emergencies, conflict settings, and natural
disasters face extreme violence and threats, including--
(A) rape and sexual assault;
(B) domestic or intimate partner violence;
(C) child, early, and forced marriage;
(D) trafficking for the purposes of sexual
exploitation and forced labor;
(E) harmful traditional practices such as female
genital mutilation or cutting; and
(F) harassment, exploitation, and abuse by
humanitarian personnel.
(2) Gender-based violence is known to increase during
humanitarian emergencies. Violent acts such as intimate partner
violence and child marriage that take place during times of
stability are often exacerbated during times of crisis.
(3) Nearly one in five women report experiencing sexual
violence during a humanitarian emergency. For example,
according to the United Nations Organization Stabilization
Mission in the Democratic Republic of the Congo, there was an
increase of 56 percent in reported cases of conflict-related
sexual violence between 2016 and 2017.
(4) Intimate partner violence is pervasive and becomes
increasingly common during times of conflict and crisis.
Residence in a conflict-affected district is associated with a
50-percent increase in risk of intimate partner violence, and
women who have experienced 4-5 cumulative years of conflict are
almost 90 percent more likely to experience such violence than
women who are not living in conflict settings.
(5) Child, early, and forced marriages increase during
humanitarian crises as tools of last resort to cope with
economic hardship and to protect girls from increased violence.
Conflict can exacerbate cultural norms of child, early, and
forced marriage or create harmful cultural behaviors where they
had not previously existed.
(6) Women and girls are especially vulnerable to
trafficking during humanitarian crises, particularly by non-
State armed groups who abduct and traffic women and girls for
sexual exploitation, domestic servitude, and child, early, and
forced marriage, among other forms of exploitation.
(7) Crises create markets for exploitative services that
are too frequently abused by aid workers and peacekeepers, who
seek sexual services from displaced or vulnerable people. In
2018, the United Nations received a total of 148 sexual
exploitation and abuse allegations directly involving United
Nations aid workers, and 111 involving staff from partner
organizations implementing United Nations programs.
(8) According to United Nations High Commissioner for
Refugees, marginalized populations are particularly at risk of
gender-based violence in humanitarian crises, including
adolescent girls, older persons, persons with disabilities,
sexual and gender minorities, and female heads of households.
(9) Gender-based violence is under-reported, both in times
of stability and during crises. While data may not be
immediately available in each crisis or conflict, evidence
shows that gender-based violence is consistently a major and
pressing concern for women and girls facing humanitarian
emergency contexts and should be assumed to be a protection
concern in all humanitarian planning and risk assessment.
(10) Men and boys play a critical role in preventing
gender-based violence, and engaging them alongside women and
girls in the transformation of gender roles that lead to
increased rates of gender-based violence at the onset of
emergencies leads to lasting results.
(11) Survivors of gender-based violence and their families
in humanitarian emergencies require immediate, life-saving
assistance, including post-rape care or access to other
comprehensive medical and psychosocial services, to address the
physical, psychological, and social impacts of gender-based
violence. They also require long-term support such as
opportunities to earn livelihoods, build skills or receive an
education, and access to justice and community-level
reintegration. Early medical interventions after incidents of
rape can help to prevent infections, HIV, and pregnancy.
(12) Empowering women to assume leadership roles in
delivering humanitarian response and meaningfully engaging
local organizations, including women's rights, humanitarian,
advocacy, and service-provider organizations, through training
and directed resources to operate in emergency settings and
provide life-saving assistance is critical to supporting
survivors or those at risk of gender-based violence.
(13) The international community has prioritized addressing
the issue of gender-based violence in humanitarian contexts by
launching a Global Call to Action on Protection from Gender-
Based Violence in Emergencies in 2013, which the United States
operationalized through establishing a Safe from the Start
initiative, implemented by the Department of State and the
United States Agency for International Development.
(14) Safe from the Start aimed to prevent and respond to
gender-based violence at the onset of an emergency and to
provide resources to strengthen the core capacity of
humanitarian assistance implementers to address gender-based
violence at the earliest phases of an emergency, including
through developing training, guidelines, toolkits, and other
resources to guide operations.
(15) The Women's Entrepreneurship and Economic Empowerment
Act (Public Law 115-428) requires the United States ``to strive
to eliminate gender-based violence and mitigate its harmful
effects on individuals and communities'' in its development
cooperation policy. Recognizing the need to prevent and respond
to gender-based violence globally, Congress has appropriated
$150,000,000 annually from fiscal Years 2013-2019 for this
purpose.
(16) The United States has further committed to prevention
and response to gender-based violence globally through the
interagency United States Strategy to Prevent and Respond to
Gender-Based Violence Globally, the National Action Plan on
Women, Peace, and Security, the U.S. Global Strategy to Empower
Adolescent Girls, U.S. Strategy to Support Women and Girls at
Risk from Extremism and Conflict, and the U.S. Government
Strategy on Advancing Protection and Care for Children in
Adversity.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to take effective action to prevent, mitigate, and
respond to gender-based violence in humanitarian emergencies
around the world to promote respect for basic human rights and
gender equality, economic growth, improved public health, and
peace and stability;
(2) to systematically integrate and coordinate efforts to
prevent and respond to gender-based violence in United States
foreign policy and foreign assistance programs, including
conflict prevention, humanitarian relief and recovery, and
peace-building efforts;
(3) to promote accountability and access to justice for
acts of gender-based violence;
(4) to build local capacity in countries responding to
humanitarian crises, including the capacity of governments at
all levels and nongovernmental organizations, especially women-
led organizations, to prevent, mitigate, and respond to gender-
based violence;
(5) to consult, cooperate, coordinate, and collaborate with
a wide variety of nongovernmental partners and international
organizations, including women-led organizations, when
designing and implementing humanitarian response programs;
(6) to support activities that prevent and mitigate the
impacts of gender-based violence in humanitarian settings and
that empower survivors or those at risk of gender-based
violence, including through economic opportunities, access to
education and skills building, and promotion of women's
leadership and participation in humanitarian response;
(7) to ensure that international organizations and
nongovernmental organizations receiving funding from the United
States have the capacity and internal protocols to identify
gender-based violence, including sexual exploitation and abuse
committed by humanitarian personnel, integrate gender-based
violence prevention and response initiatives into policies and
programs, and report regularly on efforts to prevent and
respond to gender-based violence;
(8) to employ a multisectoral approach to preventing and
responding to gender-based violence globally, including through
activities in the economic, education, health, protection,
nutrition, and legal sectors;
(9) to ensure protection against sexual exploitation and
abuse by and against humanitarian actors; and
(10) to include the active leadership and participation of
women and girls in humanitarian program design, implementation,
and evaluation.
SEC. 4. SAFE FROM THE START AUTHORITY.
(a) Safe From the Start Programming.--The Secretary of State, in
consultation with the Assistant Secretary of the Bureau of Population,
Refugees, and Migration and in coordination with the Administrator of
the United States Agency for International Development (in consultation
with the Director of the Office of Foreign Disaster Assistance), shall
direct and oversee all United States foreign assistance that addresses
humanitarian crises in a manner that implements a ``Safe from the
Start'' programming focus on the following objectives:
(1) Preventing and reducing the incidence of gender-based
violence.
(2) Ensuring quality protection for survivors of such
crises beginning with the onset of the emergency through timely
and effective action.
(3) Promoting standards and activities to prevent,
mitigate, and respond to gender-based violence.
(4) Advance the empowerment of survivors and individuals at
risk of gender-based violence.
(b) Standards and Guidelines.--The Secretary shall develop
guidelines, toolkits, reporting mechanisms, and other institutional
response and accountability measures through the Safe from the Start
programming described in subsection (a) in order to incorporate
effective gender-based violence prevention and response activities
across all humanitarian assistance programs and projects, including
through--
(1) the promotion of minimum standards, indicators, and
metrics to assess the adequacy of interventions relating to
gender-based violence, taking into consideration the Guidelines
for Integrating Gender-Based Violence Interventions in
Humanitarian Action published by the United Nations Inter-
Agency Standing Council in 2015, the assessment released by the
Real-Time Accountability Partnership on Gender-Based Violence
in Emergencies in 2016, and the Minimum Standards for Child
Protection in Humanitarian Action published by the non-profit
organization Sphere in 2012;
(2) the establishment and implementation, in coordination
with international organizations and nongovernmental
organizations, of standards, protocols, and accountability
mechanisms for preventing and addressing sexual or other
gender-based exploitation or abuse perpetrated by personnel
delivering humanitarian assistance; and
(3) the development of monitoring tools across all
humanitarian assistance programming to standardize monitoring
and accountability relating to gender-based violence prevention
and response.
(c) Improvement of Protection Mechanisms.--The Secretary shall
improve the delivery and quality of United States assistance to protect
survivors of gender-based violence, through the Safe from the Start
programming described in subsection (a), by improving activities in the
following areas:
(1) Access to and quality of comprehensive medical services
for survivors and at-risk populations in line with
international standards, including--
(A) post-rape and post-sexual assault medical care;
(B) psycho-social and mental health services; and
(C) hygiene and dignity kits.
(2) Service delivery to hard-to-reach populations,
prioritizing services that reach--
(A) shelters for survivors of natural disasters;
(B) internally displaced person camps;
(C) active conflict zones; and
(D) refugees living in urban areas.
(d) Authorization of Assistance to Local Actors.--The Secretary of
State is authorized to provide assistance to organizations based
outside the United States who are working to provide humanitarian
relief in affected regions or countries, prioritizing such
organizations that are led by refugees or displaced or stateless women
and youth, through Safe from the Start programming in accordance with
subsection (a) for the following purposes:
(1) Building capacity to identify, prevent, and address
gender-based violence in humanitarian settings and to support
survivors and those at risk, including through training and
deploying female humanitarian aid workers.
(2) Promoting women's leadership and participation in the
design, implementation, and evaluation of humanitarian
responses.
(3) Developing safe spaces for meaningful dialogue, psycho-
social interventions, and culturally-specific support.
(4) Developing technical skills for advocacy, monitoring,
data collection, evaluation, and communications.
(5) Performing on-the-ground gender analyses and otherwise
rapidly assessing and communicating the needs of women, girls,
and other populations that are vulnerable to gender-based
violence in crises.
(e) Authorization of Assistance to International Nongovernmental
Organizations.--The Secretary of State is authorized to provide support
to enhance the capacity of international nongovernmental organizations
to achieve the following:
(1) Improving technical expertise and availability of
dedicated gender advisors to prevent and respond to gender-
based violence in humanitarian settings through the Gender
Based Violence Area of Responsibility forum and across sectors
of humanitarian action, including through training and
sensitization of humanitarian aid workers on identification of
and care for survivors of gender-based violence.
(2) Promoting supportive partnerships with local
humanitarian actors and nongovernmental organizations,
including for women's leadership and participation in
humanitarian response.
(3) Increasing and improving empowerment activities,
including women's and girls' access to economic opportunities
and livelihoods, education and skills, and leadership roles.
(4) Training for international development implementers
during the onset and transformation of a humanitarian crisis so
that such implementers are equipped to continue relief,
recovery, and reconstruction work that is sensitive to the
prevention and mitigation of gender-based violence after the
immediate humanitarian engagement has finished.
SEC. 5. SAFEGUARDING AGAINST SEXUAL EXPLOITATION OR ABUSE BY
HUMANITARIAN PERSONNEL.
In accordance with the Safe from the Start programming focus
described in subsection (a), the Secretary of State and the
Administrator of the United States Agency for International Development
shall prioritize support for activities ensuring that employees and
contractors of the Agency delivering United States humanitarian
assistance are equipped to prevent sexual exploitation and abuse in
settings of humanitarian aid delivery, including by strengthening
guidelines, training, reporting mechanisms and remedies, and other
appropriate responses. Such activities shall include efforts to--
(1) recognize the indicators of sexual exploitation or
abuse among refugee, displaced, or stateless populations by
humanitarian aid workers; and
(2) identify and address risks within the humanitarian aid
context that create vulnerabilities for sexual and other
exploitation, perpetrated by or against humanitarian aid
workers.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary for each fiscal year to carry out this Act but not less than
the amount expended in fiscal year 2018 to carry out the Safe from the
Start program of the Department of State.
SEC. 7. REPORTS REQUIRED.
(a) Progress Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
submit to the appropriate congressional committees a report on
the progress made by the United States and by partners in the
implementation or delivery of humanitarian assistance,
including international organizations, to prevent, mitigate,
and address the incidence of gender-based violence in
humanitarian emergencies.
(2) Elements.--The report required by paragraph (1) shall
include each of the following:
(A) An aggregation and examination of data and
research regarding the key drivers of gender-based
violence in humanitarian emergencies, the critical
needs of and services required by survivors or those at
risk, and successful program models to address,
prevent, and mitigate such violence.
(B) A detailed description of the programs,
diplomatic efforts, and other activities undertaken by
the United States to implement the Safe from the Start
programming focus described in section 4(a) of this
Act, including specific descriptions of--
(i) the steps taken to integrate
prevention, mitigation, and response to gender-
based violence into humanitarian assistance,
development of humanitarian standards, and
responses to specific humanitarian crises;
(ii) the progress made, as of the date of
the submission of the report, toward achieving
specific objectives, metrics, and indicators
for implementation of Safe from the Start
programming, disaggregated, where appropriate,
by gender, age, and type of violence;
(iii) a list of the projects funded or
supported through the Safe from the Start
programming focus, with specific details on
levels of funding or assistance and impacts of
such projects disaggregated, where appropriate,
by gender, age, and type of violence;
(iv) an assessment of the extent to which
consultations with nongovernmental
organizations, including local actors, and
intergovernmental actors have led to the
development of programs, standards, and
interventions to combat gender-based violence
(v) a list of the policies or programs
implemented by international or multilateral
organizations receiving funding from the United
States Government to improve capacity and
internal protocols to identify signs of gender-
based violence, including sexual exploitation
and abuse, and integrate initiatives to prevent
and respond to gender-based violence into all
programs of the organization; and
(vi) a description of any diplomatic action
taken bilaterally, multilaterally, or with
international organizations to encourage the
governments of other countries and
international organizations to adopt policies
to prevent and respond to gender-based violence
in emergency situations, including any
diplomatic efforts to strengthen the Global
Call to Action on Protection from Gender-Based
Violence in Emergencies by increasing the
number of governments participating in and
contributing to its gender-based violence
prevention and response activities.
(3) Consultation required.--In developing the report
required by paragraph (1), the Secretary of State shall consult
with the Assistant Secretary for Population, Refugees, and
Migration of the Department of State and the Associate
Administrator for Humanitarian Assistance of the Agency for
International Development.
(4) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex. The unclassified portion of such report shall
concurrently be published on a publicly available website of
the Department of State.
(b) Budget Report.--Not later than 120 days after the submission of
each budget submitted to Congress by the President under section
1105(a) of title 31, United States Code, after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall submit to the appropriate congressional committees a
budget crosscut report that--
(1) displays the budget proposed, including any planned
interagency or intra-agency transfer, for each of the principal
Federal agencies that will be carrying out activities through
the Safe from the Start programming focus described in section
4(a) of this Act in the fiscal year for which such budget is
submitted;
(2) separately reports the amount of funding to be provided
pertaining to the Safe from the Start strategy under subsection
(a), to the extent such plans are available; and
(3) to the extent practicable, identifies all assistance
and research expenditures at the account level in each of the
five previous fiscal years by the Federal Government using
Federal funds for Safe from the Start activities.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
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