S.Amdt. 1252Senate109th Congress (2005-2007)

To require a report on assistance for United States citizens who are victims of crime in foreign countries.

What it does: Adds SEC. 6113. PROTECTION FROM SEXUAL EXPLOITATION AND ABUSE FOR INDIVIDUALS AFFECTED BY A HUMANITARIAN EMERGENCY on page 326, between lines 10 and 11
Submitted July 18, 2005

What it changes

1 change to H.R. 3057

Adds a section
  1. Adds SEC. 6113. PROTECTION FROM SEXUAL EXPLOITATION AND ABUSE FOR INDIVIDUALS AFFECTED BY A HUMANITARIAN EMERGENCY on page 326, between lines 10 and 11

    Adds a sectionPrinted page

    Inserted: SEC. 6113. PROTECTION FROM SEXUAL EXPLOITATION AND ABUSE FOR INDIVIDUALS AFFECTED BY A HUMANITARIAN EMERGENCY.

    Inserted: (a) Not less than $10,000,000 of the amount made available in title III under the heading "Migration and Refugee Assistance" and $5,000,000 of the amount made available in title III under the heading "International Disaster and Famine Assistance" should be made available to provide assistance for programs, projects, and activities--

    Inserted: (1) to promote the security, provide equal access to basic services, and safeguard the legal and human rights of civilians, especially women and children, who are affected by a humanitarian emergency, including programs to build the capacity of nongovernmental organizations to address the special protection needs of vulnerable populations, especially such women and children;

    Inserted: (2) to support local and international nongovernmental initiatives to prevent, detect, and report exploitation of children and sexual exploitation and abuse, including through the provision of training humanitarian protection monitors for refugees and internally displaced persons; and

    Inserted: (3) to conduct protection and security assessments for refugees and internally displaced persons in camps or in communities for the purpose of improving the design and security of camps for refugees and internally displaced persons, with special emphasis on the security of women and children.

    Inserted: (b) None of the funds made available for foreign operations, export financing, and related programs under the headings "Migration and Refugee Assistance", "United States Emergency Refugee and Migration Assistance Fund", "International Disaster and Famine Assistance", or "Transition Initiatives" may be obligated to an organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of assistance under any such heading from sexual exploitation and abuse in humanitarian relief operations.

    Inserted: (c) The code of conduct referred to in subsection (b) shall, to the maximum extent practicable, be consistent with the following six core principles of the Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises, as follows:

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

    Inserted: (2) Sexual activity with children (persons under the age of 18) 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.

    Inserted: (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.

    Inserted: (4) Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.

    Inserted: (5) Where a humanitarian 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 via established agency reporting mechanisms.

    Show 1 more inserted paragraph

    Inserted: (6) Humanitarian agencies are obliged to create and maintain an environment which 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 which maintain this environment.

    Original wording

    On page 326, between lines 10 and 11, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1252. Mr. BIDEN submitted an amendment intended to be proposed by him to the bill H.R. 3057, making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 326, between lines 10 and 11, insert the following:

SEC. 6113. PROTECTION FROM SEXUAL EXPLOITATION AND ABUSE FOR INDIVIDUALS AFFECTED BY A HUMANITARIAN EMERGENCY.

(a) Not less than $10,000,000 of the amount made available in title III under the heading “Migration and Refugee Assistance” and $5,000,000 of the amount made available in title III under the heading “International Disaster and Famine Assistance” should be made available to provide assistance for programs, projects, and activities--

(1) to promote the security, provide equal access to basic services, and safeguard the legal and human rights of civilians, especially women and children, who are affected by a humanitarian emergency, including programs to build the capacity of nongovernmental organizations to address the special protection needs of vulnerable populations, especially such women and children;

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

(3) to conduct protection and security assessments for refugees and internally displaced persons in camps or in communities for the purpose of improving the design and security of camps for refugees and internally displaced persons, with special emphasis on the security of women and children.

(b) None of the funds made available for foreign operations, export financing, and related programs under the headings “Migration and Refugee Assistance”, “United States Emergency Refugee and Migration Assistance Fund”, “International Disaster and Famine Assistance”, or “Transition Initiatives” may be obligated to an organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of assistance under any such heading from sexual exploitation and abuse in humanitarian relief operations.

(c) The code of conduct referred to in subsection (b) shall, to the maximum extent practicable, be consistent with the following six core principles of the Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises, 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 children (persons under the age of 18) 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 humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.

(5) Where a humanitarian 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 via established agency reporting mechanisms.

(6) Humanitarian agencies are obliged to create and maintain an environment which 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 which maintain this environment.

Legislative Activity

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Senate amendment agreed to: Amendment SA 1252 as modified agreed to in Senate by Unanimous Consent.

July 20, 2005

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Senate amendment agreed to: Amendment SA 1252 as modified agreed to in Senate by Unanimous Consent.

July 20, 2005

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Senate amendment proposed (on the floor): Amendment SA 1252 proposed by Senator McConnell for Senator Biden.

July 20, 2005

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Amendment SA 1252 proposed by Senator McConnell for Senator Biden. (consideration: CR S8531-8532) To require a report on assistance for United States citizens who are victims of crime in foreign countries.

July 20, 2005

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Amendment SA 1252 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S8531)

July 20, 2005

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Senate amendment submitted

July 18, 2005