I

106TH CONGRESS

2D SESSION H. R. 5533

To increase the United States financial and programmatic contributions to

advancing the status of women and girls in low-income countries around

the world, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 24, 2000

Mrs. MORELLA (for herself, Mrs. LOWEY, Mr. PORTER, Ms. MILLENDERMCDONALD, Ms. BALDWIN, Mr. BROWN of Ohio, Ms. KILPATRICK, Mrs.

MALONEY of New York, Ms. NORTON, Mr. POMEROY, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee

on International Relations, and in addition to the Committee on Ways

and Means, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To increase the United States financial and programmatic

contributions to advancing the status of women and girls

in low-income countries around the world, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Global Action and Investments for New Success for

4 Women and Girls Act of 2000’’ or ‘‘GAINS Act of 2000’’.

5 (b) TABLE OF CONTENTS.—The table of contents of

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—INTEGRATION OF WOMEN INTO NATIONAL ECONOMIES

OF DEVELOPING COUNTRIES

Sec. 101. Findings.

Sec. 102. Requirement to integrate women into national economies of developing countries.

Sec. 103. Annual report.

Sec. 104. Authorization of appropriations for Office of Women in Development

(WID).

Sec. 105. United States contribution to the United Nations Development Fund

for Women (UNIFEM).

TITLE II—IMPACT OF TRADE AGREEMENTS ON WOMEN

Sec. 201. Findings.

Sec. 202. Advisory Committee for Trade, Gender, and Development Policy.

Sec. 203. Advisory Committee on Trade Policy.

Sec. 204. Review of United States trade agreements.

Sec. 205. Assessment of unremunerated work.

TITLE III—ENSURING OPPORTUNITIES FOR WOMEN IN

DEVELOPING COUNTRIES

Sec. 301. Investing in women’s skills and knowledge.

Sec. 302. Microenterprise development grant assistance.

Sec. 303. Microfinance loan facility.

Sec. 304. Report relating to future development of microfinance institutions.

TITLE IV—PROMOTION OF HEALTH OF WOMEN AND GIRLS IN

DEVELOPING COUNTRIES

Sec. 401. Family planning and reproductive health and rights.

Sec. 402. Maternal health programs.

Sec. 403. Prevention and treatment of HIV/AIDS.

Sec. 404. Prevention and treatment of tuberculosis.

Sec. 405. Health of children.

TITLE V—HUMAN RIGHTS OF WOMEN

Sec. 501. Assistance to eliminate discrimination against women.

Sec. 502. Prevention of trafficking in women and children.
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Sec. 503. Ratification of Convention on the Elimination of All Forms of Discrimination Against Women.

1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) Economic globalization is leaving the

4 world’s poorest women, girls, and communities be5 hind. Women and their children make up more than

6 70 percent of the 1,300,000,000 poorest people

7 today. United States international economic policies,

8 particularly in the areas of trade liberalization and

9 debt relief for developing countries, should help cre10 ate a positive environment for women’s economic

11 empowerment and gender equality.

12 (2) As the complexity of the global economy in13 creases, so too does the important role of women.

14 Women comprise approximately 75 percent of work15 ers in the ‘‘shadow’’, or informal economy, and con16 stitute an ever-greater share of the workforce in de17 veloping countries. Many studies have proven that

18 women’s earnings are directly invested in the edu19 cation, health, and welfare of their children.

20 (3) The United States has not taken adequate

21 steps to implement its commitments made at the

22 United Nations Fourth World Conference on Women

23 in its foreign policy and international assistance pro24 grams. For example, the United States has not im-
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1 plemented Strategic Objective A1 of the Platform

2 for Action, ‘‘[to] [r]eview, adopt, and maintain mac3 roeconomic policies and development strategies that

4 address the needs and efforts of women in poverty’’,

5 nor has it implemented strategic objective K2 of the

6 Platform for Action, ‘‘[to] [i]ntegrate gender con7 cerns and perspectives in policies and programmes

8 for sustainable development’’.

9 (4) No one sectoral intervention is sufficient to

10 create the environment in which women and girls

11 can thrive economically and socially. Investments are

12 necessary in multiple areas, including education and

13 training, health care (including access to safe and

14 effective family planning and reproductive health

15 services, maternal health care, and children’s

16 health), HIV/AIDS prevention and treatment, tuber17 culosis treatment, microcredit, human rights, vio18 lence prevention, and anti-trafficking.

19 TITLE I—INTEGRATION OF

20 WOMEN INTO NATIONAL

21 ECONOMIES OF DEVELOPING

22 COUNTRIES

23 SEC. 101. FINDINGS.

24 The Congress finds the following:
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1 (1) For nearly three decades, the United States

2 has been a leader in creating and supporting bilat3 eral and multilateral women in development policies

4 and programs. In 1974, the United States Agency

5 for International Development (USAID) established

6 the Office of Women in Development (WID). This

7 Office has served as a focal point for increasing the

8 effectiveness of United States development efforts by

9 taking gender issues into account throughout all

10 phases of development-planning, implementation,

11 and evaluation.

12 (2) Gender equality is a core development issue

13 that enhances United States global interests. Com14 prehensive policies and programs of the Office of

15 Women in Development reflect the reality that

16 women around the world play critical roles in eco17 nomic growth and development, and their contribu18 tions reverberate from the global economy all the

19 way down to the poorest households. Investments in

20 women’s education, economic opportunities, political

21 participation, and health care yield high returns for

22 women, their families, and their communities.
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1 SEC. 102. REQUIREMENT TO INTEGRATE WOMEN INTO NA2 TIONAL ECONOMIES OF DEVELOPING COUN3 TRIES.

4 (a) PART II OF FOREIGN ASSISTANCE ACT OF

5 1961.—Section 113(a) of the Foreign Assistance Act of

6 1961 (22 U.S.C. 2151k(a)) is amended by inserting after

7 ‘‘this part’’ the following: ‘‘ and part II of this Act (includ8 ing chapter 4 of such part)’’.

9 (b) SUPPORT FOR EAST EUROPEAN DEMOCRACY

10 (SEED) ACT OF 1989.—

11 (1) IN GENERAL.—The Support for East Euro12 pean Democracy (SEED) Act of 1989 (22 U.S.C.

13 5401 et seq.) is amended by inserting after section

14 3 the following:

15 ‘‘SEC. 4. INTEGRATING WOMEN INTO NATIONAL ECONO16 MIES.

17 ‘‘In recognition of the fact that women in developing

18 countries play a significant role in economic production,

19 family support, and the overall development process of the

20 national economies of such countries, this Act shall be ad21 ministered so as to give particular attention to those pro22 grams, projects, and activities which tend to integrate

23 women into the national economies of developing coun24 tries, thus improving their status and assisting the total

25 development effort.’’.
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1 (2) CONFORMING AMENDMENT.—The table of

2 contents of such Act (22 U.S.C. 5401(a) note) is

3 amended by inserting after the item relating to sec4 tion 3 the following:

Sec. 4. Integrating women into national economies.

5 (c) PUBLIC LAW 480.—The Agricultural Trade De6 velopment and Assistance Act of 1954 (7 U.S.C. 1691 et

7 seq.) is amended by inserting after section 3 the following:

8 ‘‘SEC. 4. INTEGRATING WOMEN INTO NATIONAL ECONO9 MIES.

10 ‘‘In recognition of the fact that women in developing

11 countries play a significant role in economic production,

12 family support, and the overall development process of the

13 national economies of such countries, this Act shall be ad14 ministered so as to give particular attention to those pro15 grams, projects, and activities which tend to integrate

16 women into the national economies of developing coun17 tries, thus improving their status and assisting the total

18 development effort.’’.

19 SEC. 103. ANNUAL REPORT.

20 The Administrator of the United States Agency for

21 International Development shall prepare and submit to the

22 Congress an annual report on the extent to which the re23 quirements contained in section 113(a) of the Foreign As24 sistance Act of 1961, section 4 of the Support for East

25 European Democracy (SEED) Act of 1989, and section
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1 4 of the Agricultural Trade Development and Assistance

2 Act of 1954 (each as added by section 102 of this Act)

3 are being carried out.

4 SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR OF5 FICE OF WOMEN IN DEVELOPMENT (WID).

6 There are authorized to be appropriated to the Ad7 ministrator of the United States Agency for International

8 Development $15,000,000 for fiscal year 2001 and each

9 subsequent fiscal year for programs, projects, and activi10 ties of the Office of Women in Development of such Agen11 cy.

12 SEC. 105. UNITED STATES CONTRIBUTION TO THE UNITED

13 NATIONS DEVELOPMENT FUND FOR WOMEN

14 (UNIFEM).

15 (a) IN GENERAL.—The President is authorized to

16 make a voluntary contribution on a grant basis to the

17 United Nations Development Fund for Women

18 (UNIFEM).

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to the President $3,000,000

21 for fiscal year 2001 to carry out subsection (a).

22 TITLE II—IMPACT OF TRADE

23 AGREEMENTS ON WOMEN

24 SEC. 201. FINDINGS.

25 The Congress finds the following:
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1 (1) At a time of unparalleled global economic

2 growth, the majority of women are being left behind.

3 According to the United Nations Development Pro4 gram, globalization has brought enormous wealth to

5 some, but has also increased economic inequality

6 within and between nations.

7 (2)(A) Women contribute to and are affected by

8 trade as workers, businesswomen, farmers, pro9 ducers, and consumers.

10 (B) As workers, women comprise between 70–

11 90 percent of the labor force in the Export-Proc12 essing Zones (EPZs) assembling garments, textiles,

13 or electronics for export abroad.

14 (C) Women own between one-fourth and one15 third of all businesses worldwide and 39 percent of

16 such businesses are involved in international trade.

17 (D) Women farmers accounted for 62 percent

18 of total female employment in low-income countries

19 in 1990.

20 (E) Women handicraft producers who make and

21 sell their textiles, jewelry, and ceramics locally and

22 globally comprise 70 percent of craft-workers in

23 Latin America.
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1 (F) As consumers, women decide what to buy

2 (or obtain) to provide their family with food, water,

3 clothes, and shelter.

4 (3)(A) United States trade policy and develop5 ment policy should be linked with the goal of im6 proving women’s social and economic status.

7 (B) Enhancing women’s status not only im8 proves individual lives, but also eliminates market

9 inefficiencies and leads to greater economic growth

10 and trade.

11 (C) The United States should ensure that its

12 development policies and trade policies contribute to

13 widespread, equitable, and sustainable economic

14 growth for all and incorporate a sensitivity to the

15 needs of women around the world.

16 SEC. 202. ADVISORY COMMITTEE FOR TRADE, GENDER,

17 AND DEVELOPMENT POLICY.

18 (a) ESTABLISHMENT.—Not later than 180 days after

19 the date of the enactment of this Act, the United States

20 Trade Representative shall establish within the Office of

21 the United States Trade Representative an Advisory Com22 mittee for Trade, Gender, and Development Policy (here23 after in this section referred to as the ‘‘Advisory Com24 mittee’’).
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1 (b) MEMBERSHIP.—The Advisory Committee shall be

2 composed of members, appointed by the Trade Represent3 ative, who shall be representatives from women’s organiza4 tions, private and voluntary organizations, the Office of

5 the United States Trade Representative, the Department

6 of Labor, and the United States Agency for International

7 Development.

8 (c) DUTIES.—The Advisory Committee, in conjunc9 tion with the entities described in section 204—

10 (1) shall assess the impact of all current and

11 future United States bilateral and multilateral trade

12 agreements on women in accordance with such sec13 tion; and

14 (2) shall make recommendations to the Trade

15 Representative based upon assessments made pursu16 ant to paragraph (1).

17 SEC. 203. ADVISORY COMMITTEE ON TRADE POLICY.

18 (a) APPOINTMENT OF 2 ADDITIONAL MEMBERS.—

19 Not later than 180 days after the date of the enactment

20 of this Act, the United States Trade Representative shall

21 appoint 2 additional members to the Advisory Committee

22 on Trade Policy of the Office of the United States Trade

23 Representative (hereafter in this section referred to as the

24 ‘‘Advisory Committee’’).
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1 (b) QUALIFICATIONS.—Of the members of the Advi2 sory Committee appointed pursuant to subsection (a)—

3 (1) 1 shall have expertise in gender issues; and

4 (2) 1 shall have expertise in international devel5 opment issues.

6 SEC. 204. REVIEW OF UNITED STATES TRADE AGREE7 MENTS.

8 (a) REVIEW.—The United States Trade Representa9 tive, the Secretary of Labor, the Secretary of Health and

10 Human Services, and the Administrator of the United

11 States Agency for International Development, in conjunc12 tion with the Advisory Committee for Trade, Gender, and

13 Development Policy (established under section 202) and

14 interested nongovernmental organizations, shall carry out

15 a review of—

16 (1) the impact of each United States bilateral

17 and multilateral trade agreement on the employment

18 of women, women’s earnings, women’s work condi19 tions, the opportunities for advancement by women

20 in the formal and informal sectors, and women’s

21 health, well-being, and educational opportunities;

22 and

23 (2) the relationship between United States de24 velopment assistance policies carried out by the

25 United States Agency for International Development
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1 and United States trade policies carried out by the

2 Office of the United States Trade Representative,

3 including the extent to which issues relating to gen4 der are integrated into United States negotiation po5 sitions relating to trade agreements.

6 (b) REPORT.—Not later than 90 days after the date

7 on which a United States bilateral or multilateral trade

8 agreement is formally submitted to the Senate for advice

9 and consent to ratification, the individuals and entities re10 ferred to in subsection (a) shall prepare and submit to

11 Congress a report that contains—

12 (1) the results of the review conducted pursuant

13 to subsection (a) with respect to the trade agree14 ment; and

15 (2) recommendations, if any, for changes in

16 United States development assistance programs to

17 ensure that women can take advantage of new op18 portunities created by United States trade agree19 ments and respond to the needs of women who may

20 be adversely affected.

21 SEC. 205. ASSESSMENT OF UNREMUNERATED WORK.

22 (a) FINDINGS.—The Congress finds the following:

23 (1) The United Nations estimates that the glob24 al value of women’s unpaid work—maintaining a

25 household, caring for children and the elderly, and
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1 building community ties—is equal to

2 $11,000,000,000 per year. Yet, these positive bene3 fits are excluded from the market which leads to an

4 over-use of women’s labor.

5 (2) The United Nations notes that the responsi6 bility for childcare lies mainly with women. This un7 paid work affects women’s employment opportuni8 ties, opportunities for advancement, and social devel9 opment.

10 (b) CALCULATION OF MONETARY VALUE OF

11 UNREMUNERATED WORK.—The Administrator of the

12 United States Agency for International Development, act13 ing through the heads of the regional bureaus of such

14 Agency as well as the heads of the offices of population

15 and women in development of such Agency, and the Sec16 retary of State, acting through the head of the Bureau

17 of Refugee Programs, shall periodically conduct time use

18 surveys of unremunerated work performed in foreign

19 countries, including surveys to determine the approximate

20 monetary value of such unremunerated work.

21 (c) METHODS OF CALCULATION.—Not later than 90

22 days after the date of the enactment of this Act, the Ad23 ministrator of the United States Agency for International

24 Development and the Secretary of State shall jointly sub25 mit to the Congress a report that describes the methods
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1 by which the Administrator and Secretary will conduct

2 time use surveys of unremunerated work pursuant to sub3 section (b).

4 (d) REPORTS.—At least once every three years after

5 the date of the enactment of this Act, the Administrator

6 of the United States Agency for International Develop7 ment and the Secretary of State shall jointly submit to

8 the Congress a report that contains a summary of the sur9 veys conducted pursuant to subsection (b) for the prior

10 3-year period.

11 (e) DEFINITION.—In this section, the term

12 ‘‘unremunerated work’’ includes household work, work re13 lated to child care and other care services, agricultural

14 work, work related to food production, work related to

15 family businesses, and volunteer work.

16 TITLE III—ENSURING OPPORTU17 NITIES FOR WOMEN IN DE18 VELOPING COUNTRIES

19 SEC. 301. INVESTING IN WOMEN’S SKILLS AND KNOWL20 EDGE.

21 (a) FINDINGS.—The Congress finds the following:

22 (1) Investing in girls’ education is one of the

23 most effective means of promoting economic growth

24 and poverty reduction. Educating girls has a signifi25 cant impact on long-term development objectives,
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1 and has been proven to result in reduced family size,

2 reduced rates of infant and maternal mortality, in3 creased wages, improved family health, and im4 proved educational status for the next generation.

5 (2) Girls account for two-thirds of the

6 125,000,000 children not in primary schools and

7 millions of girls suffer in poor learning environments

8 that enforce gender stereotypes. Girls are less likely

9 to complete school than are boys and the mean

10 achievement level of girls is 40 percent lower than

11 that of boys.

12 (3) Access to education is the most critical pre13 requisite to the participation of women and girls in

14 the global economy. United States investments in

15 education and training in the new century must pro16 vide the required skills for an increasingly knowl17 edge-intensive and global economy. In particular,

18 women and girls need access to and skills in infor19 mation technologies.

20 (b) AMENDMENT TO FOREIGN ASSISTANCE ACT OF

21 1961.—Section 105 of the Foreign Assistance Act of 1961

22 (22 U.S.C. 2151c) is amended by adding at the end the

23 following:

24 ‘‘(c)(1) The Congress reaffirms the goals established

25 by the Organization for Economic Cooperation and Devel-
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1 opment and the United Nations of achieving global gender

2 equity in education by 2005 and achieving universal access

3 to basic education by 2015.

4 ‘‘(2) Assistance provided under this section shall be

5 used to support activities that promote gender equity and

6 increased access to quality education for girls and women

7 in developing and transitional countries. Such activities

8 may include, but are not limited to—

9 ‘‘(A) support for policy reform, such as encour10 aging governments to locate schools closer to com11 munities and providing appropriate facilities, reduc12 ing the cost of schooling, and recruiting female

13 teachers;

14 ‘‘(B) assistance in mobilizing communities to

15 promote girls’ education and participate in decision16 making relating to schooling;

17 ‘‘(C) training for teachers in gender-equitable

18 teaching and support for the development of cur19 riculum free from gender bias;

20 ‘‘(D) literacy programs, training in manage21 ment and leadership, support for increased access to

22 information technologies and projects to increase

23 women’s participation in secondary, technical, and

24 higher education.
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1 ‘‘(3) The Administrator of the United States Agency

2 for International Development shall develop a gender eq3 uity index to measure progress in improving the access

4 and quality of education for girls and women in developing

5 and transitional countries. At least once every three years,

6 the Administrator shall prepare and submit to the Con7 gress a report that contains the results of each country

8 that receives assistance under this subsection during the

9 preceding 3-year period in meeting the requirements of

10 such index.

11 ‘‘(4)(A) In addition to amounts otherwise available

12 to carry out this subsection, there is authorized to be ap13 propriated to carry out this subsection $200,000,000 for

14 fiscal year 2001.

15 ‘‘(B) Amounts appropriated pursuant to the author16 ization of appropriations under subparagraph (A) are au17 thorized to remain available until expended.’’.

18 SEC. 302. MICROENTERPRISE DEVELOPMENT GRANT AS19 SISTANCE.

20 (a) FINDINGS AND DECLARATIONS OF POLICY.—The

21 Congress makes the following findings and declarations:

22 (1)(A) Women in poverty generally have larger

23 work loads and less access to educational and eco24 nomic opportunities than their male counterparts.
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1 (B) Many turn to self-employment to generate

2 a substantial portion of their livelihood. In Africa,

3 over 80 percent of employment is generated in the

4 informal sector of the self-employed poor.

5 (C) These poor entrepreneurs are often trapped

6 in poverty because they cannot obtain credit at rea7 sonable rates to expand their otherwise viable self8 employment activities.

9 (2) The February 1997 global Microcredit

10 Summit held in Washington, District of Columbia,

11 to launch a plan to expand access to credit for self12 employment and other financial and business serv13 ices to 100,000,000 of the world’s poorest families

14 by 2005. The realization of this goal could dramati15 cally alter the face of global poverty, allowing the

16 poor to lead the fight against hunger and poverty.

17 (3) In the efforts of the United States to lead

18 the development of a new global financial architec19 ture, microenterprise should play a vital role. Recent

20 shocks to international financial markets dem21 onstrate how the financial sector can shape the des22 tiny of nations. Microfinance can be a powerful tool

23 for building a more inclusive financial sector serving

24 the broad majority of the world’s population, includ-
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1 ing the very poor and women, generating social sta2 bility and prosperity.

3 (b) AMENDMENT TO FOREIGN ASSISTANCE ACT OF

4 1961.—Chapter 1 of part I of the Foreign Assistance Act

5 of 1961 (22 U.S.C. 2151 et seq.) is amended by adding

6 at the end the following new section:

7 ‘‘SEC. 131. MICROENTERPRISE DEVELOPMENT GRANT AS8 SISTANCE.

9 ‘‘(a) AUTHORIZATION.—

10 ‘‘(1) IN GENERAL.—In carrying out this part,

11 the President is authorized to provide grant assist12 ance for programs to increase the availability of

13 credit and other services to microenterprises lacking

14 full access to capital, training, technical assistance,

15 and business development through—

16 ‘‘(A) grants to microfinance institutions

17 for the purpose of expanding the availability of

18 credit, savings, and other financial services to

19 microentrepreneurs;

20 ‘‘(B) grants to microenterprise institutions

21 for the purpose of training, technical assistance,

22 and business development services for micro23 enterprises to enable them to make better use

24 of credit, to better manage their enterprises,
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1 and to increase their income and build their as2 sets;

3 ‘‘(C) grants for capacity building for

4 microenterprise institutions in order to enable

5 them to better meet the credit and training

6 needs of microentrepreneurs; and

7 ‘‘(D) grants for policy and regulatory pro8 grams at the country level that improve the en9 vironment for microentrepreneurs and micro10 enterprise institutions that serve the poor and

11 very poor.

12 ‘‘(2) IMPLEMENTATION.—Assistance authorized

13 under paragraph (1) shall be provided through orga14 nizations that have a capacity to develop and imple15 ment microenterprise programs, including

16 particularly—

17 ‘‘(A) United States and indigenous private

18 and voluntary organizations;

19 ‘‘(B) United States and indigenous credit

20 unions and cooperative organizations; or

21 ‘‘(C) other indigenous governmental and

22 nongovernmental organizations.

23 ‘‘(3) TARGETED ASSISTANCE.—In carrying out

24 paragraph (1), 50 percent of all assistance shall be

25 targeted to very poor entrepreneurs defined as those
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1 living in the bottom 50 percent below the poverty

2 line, as established by the national government of

3 the country. Such assistance shall be used for direct

4 support of—

5 ‘‘(A) programs under this subsection

6 through practitioner institutions that provide

7 credit and other financial services to the poorest

8 with loans in 1995 United States dollars of

9 $1,000 or less in the Europe and Eurasia re10 gion, $400 or less in the Latin America region,

11 and $300 or less in the rest of the world, and

12 can cover their costs of credit programs in a

13 reasonable time period; or

14 ‘‘(B) demand-driven business development

15 programs that achieve reasonable cost recovery

16 that are provided to clients holding poverty

17 loans (as described in subparagraph (A))

18 whether such loans are provided by micro19 finance institutions or by specialized business

20 development providers.

21 ‘‘(b) LEVEL OF ASSISTANCE.—Of the funds made

22 available to carry out this part and the Support for East

23 European Democracy (SEED) Act of 1989, including

24 local currencies, for fiscal year 2001, $167,000,000 is au-
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1 thorized to be available to carry out this section for such

2 fiscal year.’’.

3 SEC. 303. MICROFINANCE LOAN FACILITY.

4 (a) IN GENERAL.—Chapter 1 of part 1 of the For5 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), as

6 amended by this Act, is further amended by adding the

7 following new section:

8 ‘‘SEC. 132. UNITED STATES MICROFINANCE LOAN FACILITY.

9 ‘‘(a) ESTABLISHMENT.—The Administrator of the

10 United States Agency for International Development is

11 authorized to establish a United States Microfinance Loan

12 Facility (hereinafter in this section referred to as the ‘Fa13 cility’) to pool and manage the risk from natural disasters,

14 war or civil conflict, national financial crisis, or short-term

15 financial movements that threaten the long-term develop16 ment of United States-supported microfinance institu17 tions.

18 ‘‘(b) DISBURSEMENTS.—

19 ‘‘(1) IN GENERAL.—The Administrator shall

20 make disbursements from the Facility to United

21 States-sponsored microfinance institutions to prevent

22 the bankruptcy of such institutions caused by—

23 ‘‘(A) natural disasters;

24 ‘‘(B) national wars or civil conflict; and
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1 ‘‘(C) national financial crisis or other short

2 term financial movements that threaten the

3 long-term development of United States-sup4 ported microfinance institutions.

5 ‘‘(2) FORM OF ASSISTANCE.—Assistance under

6 this section shall be in the form of loans or loan

7 guarantees for microfinance institutions that dem8 onstrate the capacity to resume self-sustained oper9 ations within a reasonable period of time, as deter10 mined by the Administrator.

11 ‘‘(3) CONGRESSIONAL NOTIFICATION PROCE12 DURES.—During fiscal year 2001, funds may not be

13 made available from the Facility until 15 days after

14 notification of the proposed availability of the funds

15 has been provided to the congressional committees

16 specified in section 634A of this Act in accordance

17 with the procedures applicable to reprogramming no18 tifications under that section.

19 ‘‘(c) GENERAL PROVISIONS.—

20 ‘‘(1) POLICY PROVISIONS.—In providing assist21 ance authorized by this section, the Administrator

22 should apply, as appropriate, the policy provisions in

23 this part that are applicable to development assist24 ance activities.
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1 ‘‘(2) DEFAULT AND PROCUREMENT PROVI2 SIONS.—

3 ‘‘(A) DEFAULT PROVISION.—The provi4 sions of section 620(q), or any comparable pro5 vision of law, shall not be construed to prohibit

6 assistance to a country in the event that a pri7 vate sector recipient of assistance furnished

8 under this section is in default in its payment

9 to the United States for the period specified in

10 such section.

11 ‘‘(B) PROCUREMENT PROVISION.—Assist12 ance may be provided under this section with13 out regard to section 604(a).

14 ‘‘(3) TERMS AND CONDITIONS OF ASSIST15 ANCE.—

16 ‘‘(A) IN GENERAL.—Assistance provided

17 under this section shall be offered on such

18 terms and conditions, including fees charged, as

19 the Administrator may determine.

20 ‘‘(B) LIMITATION ON PRINCIPAL AMOUNT

21 OF FINANCING.—The principal amount of loans

22 made or guaranteed under this section in any

23 fiscal year, with respect to any single event,

24 may not exceed $30,000,000.
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1 ‘‘(C) EXCEPTION.—No payment may be

2 made under any guarantee issued under this

3 section for any loss arising out of fraud or mis4 representation for which the party seeking pay5 ment is responsible.

6 ‘‘(4) FULL FAITH AND CREDIT.—All guarantees

7 issued under this section shall constitute obligations,

8 in accordance with the terms of such guarantees, of

9 the United States of America, and the full faith and

10 credit of the United States of America is hereby

11 pledged for the full payment and performance of

12 such obligations to the extent of the guarantee.

13 ‘‘(d) FUNDING.—

14 ‘‘(1) ALLOCATION OF FUNDS.—

15 ‘‘(A) IN GENERAL.—Of the amounts made

16 available to carry out this part for the fiscal

17 year 2001, up to $5,000,000 may be made

18 available for—

19 ‘‘(i) the subsidy cost, as defined in

20 section 502(5) of the Federal Credit Re21 form Act of 1990, to carry out this section;

22 and

23 ‘‘(ii) subject to subparagraph (B), the

24 cost of administrative expenses to carry

25 out this section.
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1 ‘‘(B) LIMITATION ON ADMINISTRATIVE EX2 PENSES.—Of the amount made available under

3 subparagraph (A) to carry out this section for

4 fiscal year 2001, not more than $500,000 may

5 be made available for administrative expenses

6 under subparagraph (A)(ii).

7 ‘‘(2) RELATION TO OTHER FUNDING.—

8 Amounts made available under paragraph (1) are in

9 addition to amounts available under any other provi10 sion of law to carry out this section.

11 ‘‘(e) DEFINITION.—In this section, the term ‘United

12 States-supported microfinance institution’ means a finan13 cial intermediary that has received funds made available

14 under this Act for fiscal year 1980 or any subsequent fis15 cal year.’’.

16 (b) REPORT.—Not later than 120 days after the date

17 of the enactment of this Act, the Administrator of the

18 United States Agency for International Development, the

19 Secretary of State, and the Secretary of the Treasury shall

20 submit to the Committee on Foreign Relations of the Sen21 ate and the Committee on International Relations of the

22 House of Representatives a report on the policies, rules,

23 and regulations of the United States Microfinance Loan

24 Facility established under section 132 of the Foreign As25 sistance Act of 1961, as added by subsection (a).
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•HR 5533 IH

1 SEC. 304. REPORT RELATING TO FUTURE DEVELOPMENT

2 OF MICROFINANCE INSTITUTIONS.

3 (a) REPORT.—Not later than 180 days after the date

4 of the enactment of this Act, the President, in consultation

5 with the Administrator of the United States Agency for

6 International Development, the Secretary of State, and

7 the Secretary of the Treasury, shall prepare and transmit

8 to the appropriate congressional committees a report on

9 the most cost-effective methods for increasing the access

10 of poor people to credit, other financial services, and re11 lated training.

12 (b) CONTENTS.—The report described in subsection

13 (a) should include how the President, in consultation with

14 the Administrator of the United States Agency for Inter15 national Development, the Secretary of State, and the Sec16 retary of the Treasury, will jointly develop a comprehen17 sive strategy for advancing the global microenterprise sec18 tor in a way that maintains market principles while assur19 ing that the very poor, particularly women, obtain access

20 to financial services overseas.

21 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE22 FINED.—In this section, the term ‘‘appropriate congres23 sional committees’’ means the Committee on International

24 Relations of the House of Representatives and the Com25 mittee on Foreign Relations of the Senate.
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1 TITLE IV—PROMOTION OF

2 HEALTH OF WOMEN AND

3 GIRLS IN DEVELOPING COUN4 TRIES

5 SEC. 401. FAMILY PLANNING AND REPRODUCTIVE HEALTH

6 AND RIGHTS.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) Hundreds of millions of women lack access

9 to comprehensive reproductive health care services,

10 including family planning services, which are basic

11 elements of women’s reproductive health and rights.

12 The low status of women in many societies is a fac13 tor that perpetuates patterns of early and frequent

14 childbearing and is often an obstacle to women’s use

15 of existing health care services. Population planning

16 assistance programs should provide comprehensive

17 reproductive health care, including family planning

18 services, that respect and promote women’s repro19 ductive rights, privacy and empowerment.

20 (2) Key elements of a comprehensive approach

21 to reproductive health and rights include the provi22 sion of family planning education and services, pre23 natal delivery care, including emergency obstetrical

24 care, educational efforts and condom promotion for

25 the prevention of HIV/AIDS and other sexually
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•HR 5533 IH

1 transmitted diseases, access to treatment for the

2 complications of unsafe abortion, and access to safe

3 abortion services where legal.

4 (3) United States foreign assistance must not

5 be contingent upon the willingness of a foreign non6 governmental organization to forgo either its right to

7 use its own funds to address, within the democratic

8 process, a particular issue affecting the citizens of

9 its own country, or its right to provide, with its own

10 funds, medical services that are legal in its own

11 country and would be legal if provided in the United

12 States.

13 (4) Women’s economic participation and repro14 ductive rights and health are inextricably linked. In15 creases in women’s labor force participation raises

16 demand for safe and voluntary reproductive health

17 care, including family planning services, which in

18 turn enable women to control their own health and

19 fertility and their ability to work. Lack of com20 prehensive reproductive health care, including family

21 planning services, severely limits women’s ability to

22 gain from new job creation resulting from the in23 creasingly globalizing economy.

24 (b) AUTHORIZATION OF APPROPRIATIONS FOR POPU25 LATION PLANNING ASSISTANCE.—There is authorized to
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•HR 5533 IH

1 be appropriated $541,600,000 for fiscal year 2001 for

2 population planning activities or other population assist3 ance under part I of the Foreign Assistance Act of 1961

4 (22 U.S.C. 2151 et seq.).

5 (c) AUTHORIZATION OF APPROPRIATIONS FOR THE

6 UNITED NATIONS POPULATION FUND (UNFPA).—In ad7 dition to amounts otherwise available to carry out chapter

8 3 of part I of the Foreign Assistance Act of 1961 (22

9 U.S.C. 2221 et seq.), there is authorized to be appro10 priated $35,000,000 for fiscal year 2001 for the United

11 States voluntary contribution to the United Nations Popu12 lation Fund (UNFPA).

13 SEC. 402. MATERNAL HEALTH PROGRAMS.

14 (a) FINDINGS.—The Congress finds the following:

15 (1) Approximately 600,000 women die each

16 year due to complications of pregnancy, childbirth,

17 and unsafe abortion. Of these mostly preventable

18 deaths, more than 95 percent occur in developing

19 countries. For example, in Afghanistan, a country

20 suffering from the devastating impacts of 20 years

21 of war and conflict, maternal mortality is the second

22 highest in the world. A report released by the United

23 Nations Commission on Human Rights indicates

24 that every day in Afghanistan an average of 45
32

•HR 5533 IH

1 women die of pregnancy related causes resulting in

2 16,000 maternal deaths annually.

3 (2) Access to comprehensive maternal health

4 care, including quality pre-natal care and nutritional

5 supplements (for example, foliates), screening for

6 pregnancy-related diseases, basic fetal health tests,

7 immunizations (for example, tetanus), access to

8 treatment for the complications of unsafe abortion,

9 access to safe abortion services where legal, and

10 preparation for safe birth (including safe delivery

11 kits where needed) are necessary for the health of

12 women and children. Post-natal care includes follow13 up services to ensure that women recover from birth

14 without hemorrhaging or infection and that

15 newborns develop adequately.

16 (3) When women cannot work because of health

17 problems, the loss of their income, as well as the

18 costs of treatment, can drive them and their families

19 into debt. In India, a study found that disability re20 duced the productivity of the female labor force by

21 about 20 percent.

22 (b) MATERNAL HEALTH PROGRAMS.—

23 (1) IN GENERAL.—The Administrator of the

24 United States Agency for International Development

25 shall establish and carry out programs to provide
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•HR 5533 IH

1 maternal health assistance to individuals in need in

2 developing countries.

3 (2) ADDITIONAL REQUIREMENTS.—Programs

4 described in paragraph (1) shall meet the following

5 requirements:

6 (A) Ensure that women and girls have the

7 ability to decide the number and spacing of

8 children and that they have access to com9 prehensive reproductive health care, including

10 pregnancy-related services, to enable them to

11 delay pregnancy until they have achieved phys12 ical and emotional maturity necessary to make

13 informed reproductive health care decisions.

14 (B) Provide access to comprehensive, high15 quality, pre- and post-natal care.

16 (C) Ensure that women can exercise their

17 reproductive rights and access reproductive

18 health care, especially concerning pregnancy,

19 voluntarily and free from violence and coercion.

20 (D) Provide access to sexual and reproduc21 tive health education and care for adolescents,

22 including prevention and treatment of sexually

23 transmitted infections, prevention of unintended

24 pregnancy, and information about safe-sex
34

•HR 5533 IH

1 practices, including skills to protect adolescents

2 from abusive or coercive relationships.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $150,000,000 for fiscal year 2001.

6 SEC. 403. PREVENTION AND TREATMENT OF HIV/AIDS.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) According to the Joint United Nations Pro9 gramme on HIV/AIDS (UNAIDS), worldwide there

10 are an estimated 33,600,000 people infected with

11 HIV. 95 percent of people with HIV reside in devel12 oping countries with 70 percent of the global total

13 affecting sub-Saharan Africa. Young women from

14 developing countries are at severe risk. In Uganda,

15 for example, it is estimated that HIV infection

16 among women is 20 times higher than men in the

17 13 to 19 age group.

18 (2) The impact of AIDS on women, including

19 their communities, spans the sectors of development,

20 including education, economic development, health

21 care, and agriculture, food security and nutrition.

22 For example, the epidemic is killing teachers at a

23 rate faster than they can be replaced. The HIV/

24 AIDS pandemic is robbing many developing coun25 tries of their most productive labor force and there-
35

•HR 5533 IH

1 fore their ability to participate and compete effec2 tively in the global economy.

3 (3) Research and program lessons have revealed

4 that highly visible, comprehensive programs that

5 reach urban and rural communities and meet needs

6 all along a prevention-to-care continuum are re7 quired. In order to be successful, any program must

8 systematically seek input from women in affected

9 communities about how to help them overcome enor10 mous obstacles in prevention and treatment. Pro11 grams must consider the human rights of women

12 when setting up drug trials and treatment programs.

13 Individuals with HIV must have choices that include

14 basic treatments, including drugs, of sexually-trans15 mitted infections and the opportunistic infections

16 that come with HIV and are the cause of death from

17 HIV.

18 (4) Since the early 1990s, topical microbicides

19 have attracted scientific attention as a possible new

20 technology for preventing sexually transmitted dis21 eases, including HIV. Like today’s spermicides,

22 microbicides would be used vaginally by women to

23 help protect themselves, their partners, and their in24 fants from the sexual transmission of HIV and other

25 sexually transmitted disease pathogens. For individ-
36

•HR 5533 IH

1 uals needing to use them without partner knowledge

2 or consent, safe, effective, acceptable, and affordable

3 topical microbicides could be formulated to be

4 undetectable.

5 (b) ACTIONS TO PREVENT AND TREAT HIV/AIDS.—

6 (1) IN GENERAL.—The Administrator of the

7 United States Agency for International Development

8 shall take appropriate actions to strengthen the pro9 grams, projects, and activities of the Agency to pre10 vent and treat HIV/AIDS in developing countries.

11 (2) ADDITIONAL REQUIREMENTS.—Actions de12 scribed in paragraph (1) shall include the following:

13 (A) The Chief of the HIV/AIDS Division

14 of the Agency shall give special attention and

15 focus to young women between the ages of 15

16 and 24.

17 (B) The Administrator shall appoint a sen18 ior level policy advisor for infectious diseases

19 who shall report directly to the Administrator

20 and shall be responsible for making certain that

21 the contributing factors and impact of infec22 tious diseases are taken into account in pro23 grams in all divisions of the Agency.

24 (C) The Administrator shall implement a

25 micro-grant and micro-loan program for com-
37

•HR 5533 IH

1 munity-based organizations that provide care

2 and support to families affected by HIV/AIDS

3 in developing countries.

4 (D) The Administrator shall target funds

5 to increase the overall health infrastructure of

6 developing countries with a high prevalence of

7 HIV/AIDS, including working with govern8 ments, multilateral organizations, nongovern9 mental organizations, and the private sector, to

10 promote increased accessibility and availability

11 of drugs for sexually-transmitted infections.

12 (E) The Chief of the HIV/AIDS Division

13 of the Agency shall ensure that programs imple14 mented by the Division take into account the

15 threat to human rights that HIV/AIDS poses in

16 communities, especially in the cases of coun17 seling and testing, clinical trials, and treatment

18 programs.

19 (F) The Chief of the HIV/AIDS Division

20 of the Agency shall ensure that programs imple21 mented by the Division involve both women and

22 men living with HIV/AIDS in affected commu23 nities in the design, implementation, and eval24 uation of prevention and care programs.
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•HR 5533 IH

1 (c) ANNUAL REPORT.—The Administrator of the

2 United States Agency for International Development shall

3 prepare and submit to Congress an annual report on the

4 actions of the Agency under subsection (b) for the pre5 ceding year, including the multi-sectoral approaches taken

6 by the Agency to mitigate the impact of HIV/AIDS in de7 veloping countries and a description of the gender dimen8 sion of such multi-sectoral approaches.

9 (d) DEFINITION.—In this section, the term ‘‘HIV/

10 AIDS’’ means infection with the human immunodeficiency

11 virus. Such term includes the acquired immune deficiency

12 syndrome.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—There is authorized to be

15 appropriated to carry out this section $500,000,000

16 for fiscal year 2001.

17 (2) MICROBICIDES.—In addition to amounts

18 appropriated pursuant to the authorization of appro19 priations under paragraph (1), there is authorized to

20 be appropriated to develop and test topical

21 microbicides for the prevention and treatment of

22 HIV/AIDS under this section $15,000,000 for fiscal

23 year 2001.
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•HR 5533 IH

1 SEC. 404. PREVENTION AND TREATMENT OF TUBER2 CULOSIS.

3 (a) FINDINGS.—The Congress finds the following:

4 (1) Tuberculosis is one of the greatest infec5 tious causes of death of adults worldwide, killing

6 2,000,000 people per year—one person every 15 sec7 onds. Globally, tuberculosis is the leading cause of

8 death of young women and the leading cause of

9 death of people with HIV/AIDS.

10 (2) With the increase in international travel,

11 commerce, and migration, elimination of tuberculosis

12 in the United States depends on efforts to control

13 the disease in developing countries.

14 (3) Tuberculosis is an immense economic drain

15 on families and on nations and is a significant cause

16 of poverty. Most cases of tuberculosis and deaths

17 caused by tuberculosis occur among individuals in

18 their most productive years of life, ages 15 to 50,

19 decimating a country’s ability to compete effectively

20 in the global economy.

21 (4)(A) There is a highly effective and inexpen22 sive treatment for tuberculosis. This strategy, known

23 as Directly Observed Treatment, Short Course

24 (DOTS), includes low-cost effective diagnosis, treat25 ment, monitoring, and recordkeeping, as well as a

26 reliable drug supply.
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•HR 5533 IH

1 (B) A centerpiece of DOTS is observing pa2 tients to ensure that they take their medication and

3 complete treatment. DOTS produces high cure rates,

4 prevents the further spread of infection, and pre5 vents development of strains of multi-drug resistant

6 tuberculosis, yet fewer than 1 in 5 of those ill with

7 tuberculosis are receiving DOTS treatment.

8 (C) Based on World Bank estimates, DOTS

9 treatment is one of the most cost-effective health

10 interventions available—costing just $20–$100 to

11 save a life, and DOTS can produce cure rates of up

12 to 95 percent even in the poorest countries.

13 (b) ASSISTANCE FOR TUBERCULOSIS PREVENTION,

14 TREATMENT, AND CONTROL.—Section 104(c) of the For15 eign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is

16 amended by adding at the end the following:

17 ‘‘(4)(A) Congress recognizes the growing inter18 national problem of tuberculosis and the threat its contin19 ued existence poses for the United States and other na20 tions which had previously largely controlled the disease.

21 Congress further recognizes that a cost-effective strategy

22 exists to control and treat tuberculosis, but that this treat23 ment regime is currently reaching fewer than one in five

24 of those ill with the disease, and that it is a major objec25 tive of the foreign assistance program of the United States
41

•HR 5533 IH

1 to control this disease. To this end Congress expects the

2 agency primarily responsible for administering this part—

3 ‘‘(i) to focus its efforts on the implementation

4 of Directly Observed Treatment, Short Course

5 (DOTS), or other internationally accepted primary

6 tuberculosis control strategies developed in consulta7 tion with the World Health Organization, at the

8 local level with the intention of reaching the targets

9 of (I) detection of at least 70 percent of the cases

10 of infectious tuberculosis, (II) the cure of at least 85

11 percent of the cases detected, and (III) the reduction

12 in tuberculosis deaths by one-half, by 2005;

13 ‘‘(ii) to focus the efforts described in clause (i)

14 on the highest burden countries identified by the

15 World Health Organization as containing 80 percent

16 of tuberculosis cases globally; and

17 ‘‘(iii) to work in collaboration with the World

18 Health Organization, the STOP TB Initiative, the

19 United States Centers for Disease Control, the Na20 tional Institutes of Health, the International Union

21 Against TB and Lung Disease, and other organiza22 tions toward the development and implementation of

23 effective tuberculosis control programs, including

24 strategies to address multi-drug resistant tuber-
42

•HR 5533 IH

1 culosis (MDR–TB), at the local level, especially in

2 the highest burden countries.

3 ‘‘(B) In conjunction with the submission of the an4 nual request for enactment of authorizations and appro5 priations for foreign assistance programs for each fiscal

6 year, the President shall include a report that contains

7 an estimate of the detection and cure rates of each pro8 gram, project, or activity to be carried out under the au9 thority of subparagraph (A) and progress on reaching the

10 targets described in subclauses (I) through (III) of sub11 paragraph (A)(i).

12 ‘‘(C)(i) There is authorized to be appropriated for fis13 cal year 2001 $100,000,000 to carry out this paragraph.

14 ‘‘(ii) Of the amount appropriated pursuant to the au15 thorization of appropriations under clause (i), not less

16 than 80 percent of such amount shall be used for the diag17 nosis and treatment of tuberculosis for at-risk and af18 fected populations utilizing Directly Observed Treatment,

19 Short Course (DOTS), or other internationally accepted

20 primary tuberculosis control strategies developed in con21 sultation with the World Health Organization. An appro22 priate percentage of the remaining amount appropriated

23 pursuant to the authorization of appropriations under

24 clause (i) should be made available for implementation of

25 Directly Observed Treatment, Short Course (DOTS–
43

•HR 5533 IH

1 PLUS), or other internationally accepted tuberculosis con2 trol strategies, to treat multi-drug resistant tuberculosis,

3 and for global tuberculosis coordination and surveillance

4 efforts. In addition, assistance provided using amounts ap5 propriated pursuant to the authorization of appropriations

6 under clause (i) shall be primarily used in those developing

7 countries identified by the World Health Organization as

8 having the highest incidence of tuberculosis, with special

9 emphasis given to the poorest regions of such countries.

10 ‘‘(iii) Amounts appropriated pursuant to the author11 ization of appropriations under this subparagraph are au12 thorized to remain available until expended.’’.

13 SEC. 405. HEALTH OF CHILDREN.

14 (a) FINDINGS.—The Congress finds the following:

15 (1) While many advances have been made in

16 health and well-being, the overwhelming majority of

17 the people in the world who live in poverty are chil18 dren and women and in the past 20 years, more

19 than 600,000,000 children have lived in deep pov20 erty.

21 (2) Poverty and war together have led to severe

22 health consequences in children. More than

23 10,000,000 children under 5 years of age die each

24 year in developing countries from preventable

25 causes, including pneumonia, diarrhea, malaria, mal-
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•HR 5533 IH

1 nutrition, and measles. These diseases kill a child

2 every 5 seconds. In addition, millions of children are

3 victims of physical and mental abuse, including do4 mestic violence, rape, and other forms of sexual

5 abuse, of which girls are most vulnerable.

6 (3) Child labor, increasing in the global econ7 omy, has also directly affected the health of children.

8 According to the International Labour Organization

9 (ILO), approximately 250,000,000 children between

10 the ages of 5 and 14 work in developing countries

11 and some 50,000,000 to 60,000,000 children be12 tween the ages of 5 and 11 work in hazardous cir13 cumstances. Two-thirds of these children are girls.

14 (b) HEALTH AND WELL-BEING OF CHILDREN

15 INDEX.—The Administrator of the United States Agency

16 for International Development shall establish and imple17 ment an index to measure the impact of programs,

18 projects, and activities of the Agency on children in devel19 oping countries. Such index shall utilize disaggregated

20 data based on sex.

21 (c) ANNUAL REPORT.—The Administrator of the

22 United States Agency for International Development shall

23 prepare and submit to Congress an annual report that

24 contains information obtained from the index established

25 under subsection (b) for the preceding year.
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•HR 5533 IH

1 (d) AUTHORIZATION OF APPROPRIATIONS.—

2 (1) IN GENERAL.—There is authorized to be

3 appropriated to carry out this section $525,000,000

4 for fiscal year 2001.

5 (2) AVAILABILITY.—Amounts appropriated pur6 suant to the authorization of appropriations under

7 paragraph (1) are authorized to remain available

8 until expended.

9 TITLE V—HUMAN RIGHTS OF

10 WOMEN

11 SEC. 501. ASSISTANCE TO ELIMINATE DISCRIMINATION

12 AGAINST WOMEN.

13 (a) FINDINGS.—The Congress finds the following:

14 (1) While major advancements have been made

15 in the area of women’s human rights over the last

16 decade, particularly in the area of domestic violence,

17 women around the world still face the routine denial

18 of their human rights in many aspects of their lives,

19 both in practice and in law. Judicial and other

20 mechanisms that are established to prevent and re21 spond to violations of women’s human rights often

22 fail to do so and may even further entrench women’s

23 inequality.

24 (2) Supporting women’s human rights in all

25 spheres of women’s lives—including home, work,
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•HR 5533 IH

1 school, health, political participation, and other re2 lated areas—is critical to sustainable development

3 and the promotion of equality and democracy around

4 the world.

5 (3) It is important to examine the implications

6 of accelerated economic globalization, structural ad7 justment, and trade liberalization on women’s rights

8 and human rights, particularly as these trends affect

9 women as workers, farmers, entrepreneurs, family

10 care givers, and heads of household.

11 (b) AMENDMENT TO FOREIGN ASSISTANCE ACT OF

12 1961.—Chapter 1 of part I of the Foreign Assistance Act

13 of 1961 (22 U.S.C. 2151 et seq.), as amended by this Act,

14 is further amended by adding at the end the following:

15 ‘‘SEC. 133. ASSISTANCE TO ELIMINATE DISCRIMINATION

16 AGAINST WOMEN.

17 ‘‘(a) ASSISTANCE.—The Administrator of the United

18 States Agency for International Development shall estab19 lish and carry out programs to assist governments of de20 veloping countries to eliminate de jure discrimination

21 against women.

22 ‘‘(b) ADDITIONAL REQUIREMENTS.—Assistance pro23 vided under subsection (a) shall include the following:

24 ‘‘(1) Provide judges and other judicial officials

25 in developing countries with on-going training in
47

•HR 5533 IH

1 women’s human rights, particularly as such rights

2 relate to domestic violence.

3 ‘‘(2) Provide technical and other assistance to

4 officials in ministries of justice of developing coun5 tries to enable such officials to better collect and

6 analyze sex-disaggregated data on rates of reporting,

7 prosecution, conviction, and sentencing of domestic

8 and sexual violence cases.

9 ‘‘(3) Improve training for law enforcement per10 sonnel in developing countries to improve their re11 sponse to and collection of evidence for domestic and

12 sexual violence cases.

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

14 is authorized to be appropriated such sums as may be nec15 essary to carry out this section for fiscal year 2001.’’.

16 SEC. 502. PREVENTION OF TRAFFICKING IN WOMEN AND

17 CHILDREN.

18 (a) FINDINGS.—The Congress finds the following:

19 (1) Trafficking in persons is increasing expo20 nentially worldwide. The United Nations estimates

21 that 4,000,000 individuals become victims of traf22 ficking each year. The United States Government es23 timates that 50,000 women and girls are trafficked

24 into the United States annually.
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•HR 5533 IH

1 (2) Trafficking is a labor and human rights vio2 lation that involves physical and psychological coer3 cion, deception, forced labor, and servitude or slav4 ery. Traffickers force people to labor and serve in a

5 growing number of arenas, including factories, con6 struction sites, farms, brothels, homes, and streets.

7 (3) Potential and actual victims of trafficking

8 need targeted assistance to provide them with skills

9 and opportunities at home. Trafficked individuals

10 need shelter, health care, psychological counseling,

11 training, and living assistance after they escape from

12 their traffickers. Those individuals who are in dan13 ger from retaliation by organized criminal gangs re14 quire special protection.

15 (4) Women are more likely than men to be traf16 ficked. Women are disproportionately affected by

17 economic changes brought on by structural adjust18 ment policies, privatization, trade liberalization, and

19 economic globalization, such as the movement away

20 from agriculture toward a wage-based economy and

21 consumer society. Women are rapidly becoming the

22 primary caregivers for families, and older girls are

23 assuming financial responsibility for their younger

24 siblings and, often, for their parents. At the same

25 time, patriarchal social, cultural and economic struc-
49

•HR 5533 IH

1 tures ensure that the skills necessary to adapt and

2 succeed in these new economies are transferred pri3 marily to men and boys.

4 (b) PROGRAMS IN THE UNITED STATES AND COUN5 TRIES OF ORIGIN.—

6 (1) IN GENERAL.—The President, acting

7 through the heads of appropriate Federal depart8 ments and agencies (such as the Department of

9 State, the Department of Justice, the Immigration

10 and Naturalization Service, the Department of

11 Health and Human Services, and the United States

12 Agency for International Development), shall estab13 lish and carry out programs in the United States

14 and in foreign countries to prevent the trafficking of

15 women and children.

16 (2) ADDITIONAL REQUIREMENTS.—Programs

17 established and carried out under paragraph (1)

18 shall include the following:

19 (A) Support for nongovernmental organiza20 tion-operated hotlines, culturally and linguis21 tically appropriate protective shelters, and re22 gional and international nongovernmental orga23 nization networks and databases on trafficking.

24 (B) Training for law enforcement per25 sonnel, prosecutors, immigration agents and of-
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•HR 5533 IH

1 ficers, housing and health inspectors, and other

2 government officials who may come into contact

3 with a situation of trafficking or trafficked indi4 viduals.

5 (C) Analysis of existing national legal

6 frameworks and advocacy to develop protective

7 national laws and policies that are consistent

8 with, and improve upon, the United Nations

9 Protocol to Prevent, Suppress, and Punish

10 Trafficking in Persons, Especially Women and

11 Children (supplementing the United Nations

12 Convention Against Transnational Organized

13 Crime).

14 (D) Support for advocates working to en15 sure the appropriate and timely implementation

16 of new anti-trafficking or related legislation at

17 the national, state, and local levels.

18 (E) Support for nongovernmental organi19 zations and advocates—

20 (i) to provide legal, social, and other

21 services and assistance to trafficked indi22 viduals, particularly those individuals in

23 detention; and

24 (ii) to create education and media ma25 terials and networks to reach out to the
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•HR 5533 IH

1 ethnic communities of those individuals

2 most likely to be trafficked into the United

3 States, particularly in the informal sectors

4 where undocumented migrants and traf5 ficked individuals are more likely to be

6 found.

7 (c) ADDITIONAL REQUIREMENTS FOR PROGRAMS IN

8 COUNTRIES OF ORIGIN.—In addition to the requirements

9 under subsection (b), programs to prevent the trafficking

10 of women and children in foreign countries shall also in11 clude the following:

12 (1)(A) Education and training for women and

13 girls who are in vulnerable populations and edu14 cation and training for trafficked women and girls

15 upon their return home.

16 (B) Such education and training shall provide

17 women and girls with the same type of skills being

18 provided to men and boys, including skills to become

19 self-sufficient and to succeed in the changing econo20 mies of their countries.

21 (2) The safe reintegration of trafficked individ22 uals into an appropriate community or family, with

23 full respect for the wishes, dignity, and safety of the

24 trafficked individual.
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1 (d) STUDY AND REPORT ON SCOPE OF TRAFFICKING

2 INTO THE UNITED STATES.—

3 (1) STUDY.—The President, acting through the

4 heads of appropriate Federal departments and agen5 cies (such as the Department of State, the Depart6 ment of Justice, the Immigration and Naturalization

7 Service, the Department of Health and Human

8 Services, and the United States Agency for Inter9 national Development), shall conduct a study on the

10 scope of trafficking of individuals into the United

11 States, including—

12 (A) trafficking of individuals for work in

13 restaurants, the agricultural sector, the domes14 tic sector, factories, and the construction indus15 try;

16 (B) trafficking of individuals for marriage

17 or adoption; and

18 (C) trafficking of individuals for work in

19 the sex industry.

20 In conducting the study under this paragraph, the

21 President shall place emphasis on obtaining data

22 with respect to individuals described in subpara23 graphs (A) and (B).
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1 (2) REPORT.—Not later than 1 year after the

2 date of the enactment of this Act, the President

3 shall transmit to Congress a report that contains—

4 (A) the results of the study conducted

5 under paragraph (1); and

6 (B) a description of detailed strategies for

7 legislation to prevent the trafficking of individ8 uals into the United States.

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $60,000,000 for fiscal year 2001.

12 SEC. 503. RATIFICATION OF CONVENTION ON THE ELIMI13 NATION OF ALL FORMS OF DISCRIMINATION

14 AGAINST WOMEN.

15 (a) FINDINGS.—The Congress finds the following:

16 (1) The Senate has already agreed to the ratifi17 cation of several important human rights treaties,

18 including the Genocide Convention, the Convention

19 Against Torture, the International Covenant on Civil

20 and Political Rights, and the Convention on the

21 Elimination of all Forms of Racial Discrimination

22 Against Women (CEDAW).

23 (2) CEDAW establishes a worldwide commit24 ment to combat discrimination against women and

25 girls.
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1 (3) 165 countries of the world have ratified or

2 acceded to CEDAW and the United States is among

3 a small minority of countries, including Afghanistan,

4 North Korea, Iran, and Sudan, which have not.

5 (4) CEDAW is helping combat violence and dis6 crimination against women and girls around the

7 world.

8 (5) CEDAW has had a significant and positive

9 impact on legal development in countries as diverse

10 as Uganda, Colombia, Brazil, and South Africa, in11 cluding, on citizenship rights in Botswana and

12 Japan, inheritance rights in Tanzania, and property

13 rights and political participation in Costa Rica.

14 (6) The Administration has proposed a small

15 number of reservations, understandings, and dec16 larations to ensure that United States ratification

17 fully complies with all constitutional requirements,

18 including states’ and individuals’ rights.

19 (7) The legislatures of California, Iowa, Massa20 chusetts, New Hampshire, New York, North Caro21 lina, South Dakota, and Vermont have endorsed

22 United States ratification of CEDAW.

23 (8) More than 100 United States-based, civic,

24 legal, religious, education, and environmental organi-
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1 zations, including many major national membership

2 organizations, support ratification of CEDAW.

3 (9) Ratification of CEDAW would allow the

4 United States to nominate a representative to the

5 CEDAW oversight committee.

6 (10) 2000 is the 21st anniversary of the adop7 tion of CEDAW by the United Nations General As8 sembly.

9 (b) SENSE OF CONGRESS.—It is the sense of the

10 Congress that—

11 (1) the Committee on Foreign Relations of the

12 Senate should hold hearings on the Convention on

13 the Elimination of all Forms of Discrimination

14 Against Women (CEDAW); and

15 (2) the Senate should, therefore, give its advice

16 and consent to the ratification of the Convention on

17 the Elimination of all Forms of Discrimination

18 Against Women.

Æ