[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 912 Referred in Senate (RFS)]
1st Session
H. R. 912
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2005
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To ensure the protection of beneficiaries of United States humanitarian
assistance.
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 ``Humanitarian Assistance Code of
Conduct Act of 2005''.
SEC. 2. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES OF
HUMANITARIAN ASSISTANCE.
(a) Prohibition.--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.
(b) Six Core Principles.--The code of conduct referred to in
subsection (a) shall, to the maximum extent practicable, be consistent
with the following six core principles of the United Nations Inter-
Agency Standing Committee Task Force on Protection From Sexual
Exploitation and Abuse in Humanitarian Crises:
(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, he or she 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.''.
SEC. 3. REPORT.
Not later than 180 days after the date of the enactment of this
Act, and not later than one year after the date of the enactment of
this Act, the President shall transmit to the Committee on
Appropriations and the Committee on International Relations of the
House of Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate a detailed report on the
implementation of this Act.
SEC. 4. EFFECTIVE DATE; APPLICABILITY.
This Act--
(1) takes effect 60 days after the date of the enactment of
this Act; and
(2) applies to funds obligated after the effective date
referred to in paragraph (1)--
(A) for fiscal year 2005; and
(B) any subsequent fiscal year.
Passed the House of Representatives March 2, 2005.
Attest:
JEFF TRANDAHL,
Clerk.