Safe from the Start Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4092 To improve United States consideration of, and strategic support for, pro- grams 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 emer- gencies and build the capacity of humanitarian assistance to address the immediate and long-term challenges re- sulting from such violence, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safe from the Start 4 Act of 2019’’. 5 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 4092 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Displaced, refugee, and stateless women and 3 girls in humanitarian emergencies, conflict settings, 4 and natural disasters face extreme violence and 5 threats, including— 6 (A) rape and sexual assault; 7 (B) domestic or intimate partner violence; 8 (C) child, early, and forced marriage; 9 (D) trafficking for the purposes of sexual 10 exploitation and forced labor; 11 (E) harmful traditional practices such as 12 female genital mutilation or cutting; and 13 (F) harassment, exploitation, and abuse by 14 humanitarian personnel. 15 (2) Gender-based violence is known to increase 16 during humanitarian emergencies. Violent acts such 17 as intimate partner violence and child marriage that 18 take place during times of stability are often exacer- 19 bated during times of crisis. 20 (3) Nearly one in five women report experi- 21 encing sexual violence during a humanitarian emer- 22 gency. For example, according to the United Nations 23 Organization Stabilization Mission in the Demo- 24 cratic Republic of the Congo, there was an increase 25 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 4092 IH of 56 percent in reported cases of conflict-related 1 sexual violence between 2016 and 2017. 2 (4) Intimate partner violence is pervasive and 3 becomes increasingly common during times of con- 4 flict and crisis. Residence in a conflict-affected dis- 5 trict is associated with a 50-percent increase in risk 6 of intimate partner violence, and women who have 7 experienced 4–5 cumulative years of conflict are al- 8 most 90 percent more likely to experience such vio- 9 lence than women who are not living in conflict set- 10 tings. 11 (5) Child, early, and forced marriages increase 12 during humanitarian crises as tools of last resort to 13 cope with economic hardship and to protect girls 14 from increased violence. Conflict can exacerbate cul- 15 tural norms of child, early, and forced marriage or 16 create harmful cultural behaviors where they had 17 not previously existed. 18 (6) Women and girls are especially vulnerable 19 to trafficking during humanitarian crises, particu- 20 larly by non-State armed groups who abduct and 21 traffic women and girls for sexual exploitation, do- 22 mestic servitude, and child, early, and forced mar- 23 riage, among other forms of exploitation. 24 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 4092 IH (7) Crises create markets for exploitative serv- 1 ices that are too frequently abused by aid workers 2 and peacekeepers, who seek sexual services from dis- 3 placed or vulnerable people. In 2018, the United Na- 4 tions received a total of 148 sexual exploitation and 5 abuse allegations directly involving United Nations 6 aid workers, and 111 involving staff from partner 7 organizations implementing United Nations pro- 8 grams. 9 (8) According to United Nations High Commis- 10 sioner for Refugees, marginalized populations are 11 particularly at risk of gender-based violence in hu- 12 manitarian crises, including adolescent girls, older 13 persons, persons with disabilities, sexual and gender 14 minorities, and female heads of households. 15 (9) Gender-based violence is under-reported, 16 both in times of stability and during crises. While 17 data may not be immediately available in each crisis 18 or conflict, evidence shows that gender-based vio- 19 lence is consistently a major and pressing concern 20 for women and girls facing humanitarian emergency 21 contexts and should be assumed to be a protection 22 concern in all humanitarian planning and risk as- 23 sessment. 24 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 4092 IH (10) Men and boys play a critical role in pre- 1 venting gender-based violence, and engaging them 2 alongside women and girls in the transformation of 3 gender roles that lead to increased rates of gender- 4 based violence at the onset of emergencies leads to 5 lasting results. 6 (11) Survivors of gender-based violence and 7 their families in humanitarian emergencies require 8 immediate, life-saving assistance, including post-rape 9 care or access to other comprehensive medical and 10 psychosocial services, to address the physical, psy- 11 chological, and social impacts of gender-based vio- 12 lence. They also require long-term support such as 13 opportunities to earn livelihoods, build skills or re- 14 ceive an education, and access to justice and com- 15 munity-level reintegration. Early medical interven- 16 tions after incidents of rape can help to prevent in- 17 fections, HIV, and pregnancy. 18 (12) Empowering women to assume leadership 19 roles in delivering humanitarian response and mean- 20 ingfully engaging local organizations, including wom- 21 en’s rights, humanitarian, advocacy, and service-pro- 22 vider organizations, through training and directed 23 resources to operate in emergency settings and pro- 24 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 4092 IH vide life-saving assistance is critical to supporting 1 survivors or those at risk of gender-based violence. 2 (13) The international community has priori- 3 tized addressing the issue of gender-based violence 4 in humanitarian contexts by launching a Global Call 5 to Action on Protection from Gender-Based Violence 6 in Emergencies in 2013, which the United States 7 operationalized through establishing a Safe from the 8 Start initiative, implemented by the Department of 9 State and the United States Agency for Inter- 10 national Development. 11 (14) Safe from the Start aimed to prevent and 12 respond to gender-based violence at the onset of an 13 emergency and to provide resources to strengthen 14 the core capacity of humanitarian assistance imple- 15 menters to address gender-based violence at the ear- 16 liest phases of an emergency, including through de- 17 veloping training, guidelines, toolkits, and other re- 18 sources to guide operations. 19 (15) The Women’s Entrepreneurship and Eco- 20 nomic Empowerment Act (Public Law 115–428) re- 21 quires the United States ‘‘to strive to eliminate gen- 22 der-based violence and mitigate its harmful effects 23 on individuals and communities’’ in its development 24 cooperation policy. Recognizing the need to prevent 25 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 4092 IH and respond to gender-based violence globally, Con- 1 gress has appropriated $150,000,000 annually from 2 fiscal Years 2013–2019 for this purpose. 3 (16) The United States has further committed 4 to prevention and response to gender-based violence 5 globally through the interagency United States 6 Strategy to Prevent and Respond to Gender-Based 7 Violence Globally, the National Action Plan on 8 Women, Peace, and Security, the U.S. Global Strat- 9 egy to Empower Adolescent Girls, U.S. Strategy to 10 Support Women and Girls at Risk from Extremism 11 and Conflict, and the U.S. Government Strategy on 12 Advancing Protection and Care for Children in Ad- 13 versity. 14 SEC. 3. STATEMENT OF POLICY. 15 It is the policy of the United States— 16 (1) to take effective action to prevent, mitigate, 17 and respond to gender-based violence in humani- 18 tarian emergencies around the world to promote re- 19 spect for basic human rights and gender equality, 20 economic growth, improved public health, and peace 21 and stability; 22 (2) to systematically integrate and coordinate 23 efforts to prevent and respond to gender-based vio- 24 lence in United States foreign policy and foreign as- 25 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 4092 IH sistance programs, including conflict prevention, hu- 1 manitarian relief and recovery, and peace-building 2 efforts; 3 (3) to promote accountability and access to jus- 4 tice for acts of gender-based violence; 5 (4) to build local capacity in countries respond- 6 ing to humanitarian crises, including the capacity of 7 governments at all levels and nongovernmental orga- 8 nizations, especially women-led organizations, to pre- 9 vent, mitigate, and respond to gender-based violence; 10 (5) to consult, cooperate, coordinate, and col- 11 laborate with a wide variety of nongovernmental 12 partners and international organizations, including 13 women-led organizations, when designing and imple- 14 menting humanitarian response programs; 15 (6) to support activities that prevent and miti- 16 gate the impacts of gender-based violence in humani- 17 tarian settings and that empower survivors or those 18 at risk of gender-based violence, including through 19 economic opportunities, access to education and 20 skills building, and promotion of women’s leadership 21 and participation in humanitarian response; 22 (7) to ensure that international organizations 23 and nongovernmental organizations receiving fund- 24 ing from the United States have the capacity and in- 25 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 4092 IH ternal protocols to identify gender-based violence, in- 1 cluding sexual exploitation and abuse committed by 2 humanitarian personnel, integrate gender-based vio- 3 lence prevention and response initiatives into policies 4 and programs, and report regularly on efforts to 5 prevent and respond to gender-based violence; 6 (8) to employ a multisectoral approach to pre- 7 venting and responding to gender-based violence 8 globally, including through activities in the eco- 9 nomic, education, health, protection, nutrition, and 10 legal sectors; 11 (9) to ensure protection against sexual exploi- 12 tation and abuse by and against humanitarian ac- 13 tors; and 14 (10) to include the active leadership and par- 15 ticipation of women and girls in humanitarian pro- 16 gram design, implementation, and evaluation. 17 SEC. 4. SAFE FROM THE START AUTHORITY. 18 (a) SAFE FROM THE START PROGRAMMING.—The 19 Secretary of State, in consultation with the Assistant Sec- 20 retary of the Bureau of Population, Refugees, and Migra- 21 tion and in coordination with the Administrator of the 22 United States Agency for International Development (in 23 consultation with the Director of the Office of Foreign 24 Disaster Assistance), shall direct and oversee all United 25 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 4092 IH States foreign assistance that addresses humanitarian cri- 1 ses in a manner that implements a ‘‘Safe from the Start’’ 2 programming focus on the following objectives: 3 (1) Preventing and reducing the incidence of 4 gender-based violence. 5 (2) Ensuring quality protection for survivors of 6 such crises beginning with the onset of the emer- 7 gency through timely and effective action. 8 (3) Promoting standards and activities to pre- 9 vent, mitigate, and respond to gender-based violence. 10 (4) Advance the empowerment of survivors and 11 individuals at risk of gender-based violence. 12 (b) STANDARDS AND GUIDELINES.—The Secretary 13 shall develop guidelines, toolkits, reporting mechanisms, 14 and other institutional response and accountability meas- 15 ures through the Safe from the Start programming de- 16 scribed in subsection (a) in order to incorporate effective 17 gender-based violence prevention and response activities 18 across all humanitarian assistance programs and projects, 19 including through— 20 (1) the promotion of minimum standards, indi- 21 cators, and metrics to assess the adequacy of inter- 22 ventions relating to gender-based violence, taking 23 into consideration the Guidelines for Integrating 24 Gender-Based Violence Interventions in Humani- 25 VerDate Sep 11 2014 00:12 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4092.IH H4092 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 4092 IH tarian Action published by the United Nations Inter- 1 Agency Standing Council in 2015, the assessment 2 released by the Real-Time Accountability Partner- 3 ship on Gender-Based Violence in Emergencies in 4 2016, and the Minimum Standards for Child Protec- 5 tion in Humanitarian Action published by the non- 6 profit organization Sphere in 2012; 7 (2) the establishment and implementation, in 8 coordination with international organizations and 9 nongovernmental organizations, of standards, proto- 10 cols, and accountability mechanisms for preventing 11 and addressing sexual or other gender-based exploi- 12 tation or abuse perpetrated by personnel delivering 13 humanitarian assistance; and 14 (3) the development of monitoring tools across 15 all humanitarian assistance programming to stand- 16 ardize monitoring and accountability relating to gen- 17 der-based violence prevention and response. 18 (c) IMPROVEMENT OF PROTECTION MECHANISMS.— 19 The Secretary shall improve the delivery and quality o [Text truncated for display. 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