To provide a United States voluntary contribution to the United Nations Population Fund.

Summary: United Nations Population Fund (UNFPA) Funding Act of 2003 - Authorizes appropriations for FY 2004 and 2005 for U.S. voluntary contributions to the United Nations Population Fund (UNFPA). Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by UNFPA for the country program in China, if the Secretary of State certifies to the appropriate congressional committees that the UNFPA country program in China does not: (1) focus on improving the delivery of voluntary family planning information and services; (2) conform with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) operate only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) operate in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) subject itself to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspend operations in project counties found to be in violation of program guidelines.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Population Fund 
(UNFPA) Funding Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Global consensus about the need to develop policies 
        that contribute to global population stabilization and the 
        improved status of women is due in large part to the efforts of 
        the United Nations and its specialized agencies and 
        organizations, particularly the United Nations Population Fund 
        (UNFPA).
            (2) Operating in over 142 nations in all regions of the 
        world and as a politically neutral source of funds, UNFPA 
        complements the important work of the United States Agency for 
        International Development population assistance program.
            (3) Over \1/2\ of UNFPA's assistance is devoted to 
        providing voluntary family planning and maternal and child 
        health services and it is a major provider of modern methods of 
        contraception to women in the poorest countries in the world. 
        Unwanted pregnancy remains one of the greatest risks to women's 
        health throughout the developing world. More than half a 
        million women die every year from pregnancy related causes, and 
        women who are too young, too old, have too many children or 
        have them too close together are at greatest risk for pregnancy 
        related injury or illness.
            (4) UNFPA also supports efforts aimed at preventing the 
        spread of HIV/AIDS and other sexually transmitted diseases.
            (5) UNFPA is working to eradicate obstetric fistula, a 
        devastating maternal injury that is fully preventable by having 
        a trained medical attendant present during labor and 
        childbirth. Virtually non-existent within the developed world, 
        it remains a dire threat in poor countries.
            (6) UNFPA is a global leader to eliminate the horrific 
        practice of female genital mutilation that threatens nearly 2 
        million young girls every year in more than 20 countries in 
        Africa. More than 120,000,000 women alive have already 
        undergone this cruel practice that can result in constant pain, 
        problems with pregnancy and childbirth, infertility and a 
        greater risk of infection with a sexually transmitted disease. 
        By working with local organizations to bring about cultural and 
        legal reform, communities are beginning to end this threat to 
        women's health.
            (7) UNFPA, by allowing women and couples to choose whether 
        and when to have children, has helped to reduce the incidence 
        of abortion around the world. UNFPA does not fund abortion 
        services: it seeks to reduce the incidence of abortion and to 
        provide treatment to women suffering from complications of 
        unsafe abortions.
            (8) Many global environmental problems, including water 
        shortages, pollution, tropical deforestation and the loss of 
        wildlife habitat are linked to rapid population growth. UNFPA 
        has assisted countries around the world plan for and slow 
        population growth, thereby reducing its effects on the 
        environment.
            (9) All UNFPA programs conform to the principle, affirmed 
        at the 1994 International Conference on Population and 
        Development by 180 nations, including the United States, and 
        re-affirmed in 1999, that ``all couples and individuals have 
        the basic right to decide freely and responsibly the number and 
        spacing of their children and to have the information, 
        education, and means to do so.''.
            (10) UNFPA opposes coercion in any form and all its 
        programs are designed in conformity with universally recognized 
        human rights. When UNFPA hears of coercive tactics in any 
        country, it acts to immediately investigate and eliminate such 
        practices.
            (11) Opponents of family planning programs have long 
        accused UNFPA of complicity in the coercive practices of the 
        Chinese government's family planning program. Such allegations 
        have consistently been proven false. Over the past two years, 
        three  monitoring teams have visited China to investigate 
UNFPA's program. All three, an international team headed by a former 
Dutch Ambassador to NATO, a group of members of the British parliament, 
and a United States group appointed by President Bush, reported that 
UNFPA had no role in coercion and was, in fact, working to eliminate 
coercive practices.
            (12) The United States team reported back on May 29, 2002 
        and wrote a letter to Secretary of State Colin Powell stating 
        the following:
                    (A) ``First Finding: We find no evidence that UNFPA 
                has knowingly supported or participated in the 
                management of a program of coercive abortion or 
                involuntary sterilization in the PRC.''.
                    (B) ``First Recommendation: We therefore recommend 
                that not more than $34,000,000 which has already been 
                appropriated be released to UNFPA.''.
            (13) Despite the recommendation of its own delegation, the 
        Administration invoked a deeply flawed interpretation of 
        Federal law to eliminate funding for UNFPA.
            (14) The loss of the United States contribution of 
        $34,000,000, representing fully 13 percent of UNFPA's budget, 
        has already undermined the delivery of necessary services to 
        women throughout the developing world. It is estimated that the 
        loss of this funding could result in 2,000,000 additional 
        unwanted pregnancies, 4,700 maternal deaths, 60,000 cases of 
        serious maternal injury and illness, 77,000 infant deaths and 
        800,000 abortions.

SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS 
              POPULATION FUND.

    In addition to amounts otherwise available to carry out the 
purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961, 
there are authorized to be appropriated $50,000,000 for fiscal year 
2004 and $84,000,000 for fiscal year 2005 to be available only for 
United States voluntary contributions to the United Nations Population 
Fund.

SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE 
              UNITED NATIONS POPULATION FUND.

    (a) Limitation.--Notwithstanding any other provision of law, of the 
funds appropriated for voluntary contributions to the United Nations 
Population Fund for each of the fiscal years 2004 and 2005, an amount 
equal to the amount allocated by the United Nations Population Fund for 
the country program in the People's Republic of China during each 
fiscal year shall be withheld from obligation and expenditure if during 
such fiscal year, the Secretary of State submits to the appropriate 
congressional committees the certification described in subsection (b).
    (b) Certification.--The Secretary of State shall submit a 
certification under subsection (a) if the Secretary determines that the 
country program of the United Nations Population Fund in the People's 
Republic of China does not meet the following criteria--
            (1) focuses on improving the delivery of voluntary family 
        planning information and services;
            (2) is designed in conformity with the human rights 
        principles affirmed at the International Conference on 
        Population and Development with the support of 180 nations 
        including the United States;
            (3) is implemented only in counties of the People's 
        Republic of China where all quotas and targets for the 
        recruitment of program participants have been abolished and the 
        use of coercive measures has been eliminated;
            (4) is carried out in consultation with and under the 
        oversight and approval of the UNFPA executive board, including 
        the United States representative;
            (5) is subject to regular independent monitoring to ensure 
        compliance with the principles of informed consent and 
        voluntary participation; and
            (6) suspends operations in project counties found to be in 
        violation of program guidelines.