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H.R.4811
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (Engrossed Senate Amendment)
MOTHER-TO-CHILD TRANSMISSION OF HIV/AIDS IN SUB-SAHARAN AFRICA
SEC. 596. (a) FINDINGS- The Senate finds that:
(1) According to the World Health Organization, in 1999, there were
5,600,000 new cases of HIV/AIDS throughout the world, and
two-thirds of those (3,800,000) were in sub-Saharan Africa.
(2) Sub-Saharan Africa is the only region in the world where a
majority of those with HIV/AIDS --55 percent--are
women.
(3) When women get the disease, they often pass it along to their
children, and over 2,000,000 children in sub-Saharan Africa are living with
HIV/AIDS .
(4) New investments and treatments hold out promise of making
progress against mother-to-child transmission of HIV/AIDS . For example--
(A) a study in Uganda demonstrated that a new drug could prevent
almost one-half of the HIV transmissions from mothers to infants, at a
fraction of the cost of other treatments; and
(B) a study of South Africa's population estimated that if all
pregnant women in that country took an antiviral medication during labor,
as many as 110,000 new cases of HIV/AIDS could be prevented over the
next five years in South Africa alone.
(5) The Technical Assistance, Trade Promotion, and Anti-Corruption
Act of 2000, as approved by the Senate Foreign Relations Committee on March
23, 2000, ensures that not less than 8.3 percent of the United States Agency
for International Development's (USAID) HIV/AIDS funding is used to combat
mother-to-child transmission.
(b) SENSE OF THE SENATE- It is the sense of the Senate that of the
funds provided in this Act, the USAID should place a high priority on efforts,
including providing medications, to prevent mother-to-child transmission of
HIV/AIDS .
REPORTING REQUIREMENT ON SUDAN
Sec. 597. One hundred and twenty days after the date of enactment of
this Act, the President shall submit a report to the appropriate congressional
committees--
(A) the areas of Sudan open to the delivery of humanitarian or
other assistance through or from Operation Lifeline Sudan (in this section
referred to as `OLS'), both in the Northern and Southern
sectors;
(B) the extent of actual deliveries of assistance through or from
OLS to those areas from January 1997 through the present;
(C) areas of Sudan which cannot or do not receive assistance
through or from OLS, and the specific reasons for lack or absence of
coverage, including--
(i) denial of access by the government of Sudan on a periodic
basis (`flight bans'), including specific times and duration of denials
from January 1997 through the present;
(ii) denial of access by the government of Sudan on an historic
basis (`no-go' areas) since 1989 and the reason for such
denials;
(iii) exclusion of areas from the original agreements which
defined the limitations of OLS;
(iv) a determination by OLS of a lack of need in an area of no
coverage;
(v) no request has been made to the government of Sudan for
coverage or deliveries to those areas by OLS or any participating
organization within OLS; or
(vi) any other reason for exclusion from or denial of coverage
by OLS;
(D) areas of Sudan where the United States has provided assistance
outside of OLS since January 1997, and the amount, extent and nature of
that assistance;
(E) areas affected by the withdrawal of international relief
organizations, or their sponsors, or both, due to the disagreement over
terms of the `Agreement for Coordination of Humanitarian, Relief and
Rehabilitation Activities in the SPLM Administered Areas' memorandum of
1999, including specific locations and programs affected;
and
(2) containing a comprehensive assessment of the humanitarian needs
in areas of Sudan not covered or served by OLS, including but not limited to
the Nuba Mountains, Red Sea Hills, and Blue Nile regions.
PERU
Sec. 598. (a) SENSE OF THE SENATE- It is the sense of the Senate
that:
(1) The Organization of American States (OAS) Electoral Observer
Mission, led by Eduardo Stein, deserves the recognition and gratitude of the
United States for having performed an extraordinary service in promoting
representative democracy in the Americas by working to ensure free and fair
elections in Peru and by exposing efforts of the Government of Peru to
manipulate the national elections in April and May of 2000 to benefit the
president in power.
(2) The Government of Peru failed to establish the conditions for
free and fair elections--both for the April 9 election as well as for the
May 28 run-off--by not taking effective steps to correct the
`insufficiencies, irregularities, inconsistencies, and inequities'
documented by the OAS Electoral Observation Mission.
(3) The United States Government should support the work of the OAS
high-level mission, and that such mission should base its specific
recommendations on the views of civil society in Peru regarding commitments
by their government to respect human rights, the rule of law, the
independence and constitutional role of the judiciary and national congress,
and freedom of expression and journalism.
(4) In accordance with Public Law 106-186, the United States must
review and modify as appropriate its political, economic, and military
relations with Peru and work with other democracies in this hemisphere and
elsewhere toward a restoration of democracy in Peru.
(b) REPORT- Not later than 30 days after the date of the enactment of
this Act, the Secretary of State shall submit to the appropriate committees of
Congress a report evaluating United States political, economic, and military
relations with Peru, in accordance with Public Law 106-186. Such report should
review, but not be limited to, the following:
(1) The effectiveness of providing United States assistance to Peru
only through independent non-governmental organizations or international
organizations.
(2) Scrutiny of all United States anti-narcotics assistance to Peru
and the effectiveness of providing such assistance through legitimate
civilian agencies and the appropriateness of providing this assistance to
any military or intelligence units that are known to have violated human
rights, suppressed freedom of expression or undermined free and fair
elections.
(3) The need to increase support to Peru through independent
non-governmental organizations and international organizations to promote
the rule of law, separation of powers, political pluralism, and respect for
human rights, and to evaluate termination of support for entities that have
cooperated with the undemocratic maneuvers of the executive
branch.
(4) The effectiveness of United States policy of supporting loans or
other assistance for Peru through international financial institutions (such
as the World Bank and Inter-American Development Bank), and an evaluation of
terminating support to entities of the Government of Peru that have
willfully violated human rights, suppressed freedom of expression, or
undermined free and fair elections.
(5) The extent to which Peru benefits from the Andean Trade
Preferences Act and the ramifications of conditioning participation in that
program on respect for the rule of law and representative
democracy.
(c) DETERMINATION- Not later than 90 days after the date of the
enactment of this Act, the President shall determine and report to the
appropriate committees of Congress whether the Government of Peru has made
substantial progress in improving its respect for human rights, the rule of
law (including fair trials of civilians), the independence and constitutional
role of the judiciary and national congress, and freedom of expression and
independent journalism.
(d) PROHIBITION- If the President determines and reports pursuant to
subsection (c) that the Government of Peru has not made substantial progress,
no funds appropriated by this Act may be made available for assistance for the
Government of Peru, and the Secretary of the Treasury shall instruct the
United States executive directors to the international financial institutions
to use the voice and vote of the United States to oppose loans to the
Government of Peru, except loans to support basic human needs.
(e) EXCEPTION- The prohibition in subsection (d) shall not apply to
humanitarian assistance, democracy assistance, anti-narcotics assistance,
assistance to support binational peace activities involving Peru and Ecuador,
assistance provided by the Overseas Private Investment Corporation, or
assistance provided by the Trade and Development Agency.
(f) WAIVER- The President may waive subsection (d) for periods not to
exceed 90 days if he certifies to the appropriate committees of Congress that
doing so is important to the national security interests of the United States
and will promote the respect for human rights and the rule of law in
Peru.
(g) DEFINITIONS- For the purposes of this section, `appropriate
committees of Congress' means the Committee on Appropriations and the
Committee on Foreign Relations in the Senate and the Committee on
Appropriations and Committee on International Relations in the House of
Representatives. For the purposes of this section, `humanitarian assistance'
includes but is not limited to assistance to support health and basic
education.
SENSE OF SENATE REGARDING ZIMBABWE
Sec. 599. (a) FINDINGS- The Senate finds that--
(1) people around the world supported the Republic of Zimbabwe's
quest for independence, majority rule, and the protection of human rights
and the rule of law;
(2) Zimbabwe, at the time of independence in 1980, showed bright
prospects for democracy, economic development, and racial
reconciliation;
(3) the people of Zimbabwe are now suffering the destabilizing
effects of a serious, government-sanctioned breakdown in the rule of law,
which is critical to economic development as well as domestic
tranquility;
(4) a free and fair national referendum was held in Zimbabwe in
February 2000 in which voters rejected proposed constitutional amendments to
increase the president's authorities to expropriate land without
payment;
(5) the President of Zimbabwe has defied two high court decisions
declaring land seizures to be illegal;
(6) previous land reform efforts have been ineffective largely due
to corrupt practices and inefficiencies within the Government of
Zimbabwe;
(7) recent violence in Zimbabwe has resulted in several murders and
brutal attacks on innocent individuals, including the murder of farm workers
and owners;
(8) violence has been directed toward individuals of all
races;
(9) the ruling party and its supporters have specifically directed
violence at democratic reform activists seeking to prepare for upcoming
parliamentary elections;
(10) the offices of a leading independent newspaper in Zimbabwe have
been bombed;
(11) the Government of Zimbabwe has not yet publicly condemned the
recent violence;
(12) President Mugabe's statement that thousands of law-abiding
citizens are enemies of the state has further incited violence;
(13) 147 out of 150 members of the Parliament in Zimbabwe (98
percent) belong to the same political party;
(14) the unemployment rate in Zimbabwe now exceeds 60 percent and
political turmoil is on the brink of destroying Zimbabwe's
economy;
(15) the economy is being further damaged by the Government of
Zimbabwe's ongoing involvement in the war in the Democratic Republic of the
Congo;
(16) the United Nations Food and Agricultural Organization has
issued a warning that Zimbabwe faces a food emergency due to shortages
caused by violence against farmers and farm workers; and
(17) events in Zimbabwe could threaten stability and economic
development in the entire region.
(18) the Goverment of Zimbabwe has rejected international election
observation delegation accreditation for United States-based nongovernmental
organizations, including the International Republican Institute and National
Democratic Institute, and is also denying accreditation for other
nongovernmental organizations and election observers of certain specified
nationalities.
(b) SENSE OF THE SENATE- The Senate--
(1) extends its support to the vast majority of citizens of the
Republic of Zimbabwe who are committed to peace, economic prosperity, and an
open, transparent parliamentary election process;
(2) strongly urges the Government of Zimbabwe to enforce the rule of
law and fulfill its responsibility to protect the political and civil rights
of all citizens;
(3) supports those international efforts to assist with land reform
which are consistent with accepted principles of international law and which
take place after the holding of free and fair parliamentary
elections;
(4) condemns government-directed violence against farm workers,
farmers, and opposition party members;
(5) encourages the local media, civil society, and all political
parties to work together toward a campaign environment conducive to free,
transparent and fair elections within the legally prescribed
period;
(6) recommends international support for voter education, domestic
and international election monitoring, and violence monitoring
activities;
(7) urges the United States to continue to monitor violence and
condemn brutality against law abiding citizens;
(8) congratulates all the democratic reform activists in Zimbabwe
for their resolve to bring about political change peacefully, even in the
face of violence and intimidation; and
(9) desires a lasting, warm, and mutually beneficial relationship
between the United States and a democratic, peaceful Zimbabwe.
SENSE OF SENATE REGARDING ESTONIA, LATVIA, AND LITHUANIA
SEC. 599A. It is the sense of the Senate that nothing in this Act
regarding the assistance provided to Estonia, Latvia, and Lithuania under the
heading `FOREIGN MILITARY FINANCING PROGRAM' should be interpreted as
expressing the sense of the Senate regarding an acceleration of the accession
of Estonia, Latvia, or Lithuania to the North Atlantic Treaty Organization
(NATO).
ELIMINATION OF DOWRY DEATHS AND HONOR KILLINGS
SEC. 599B. (a) IN GENERAL- The Secretary of State should meet with
representatives from countries that have a high incidence of the practice of
dowry deaths or honor killings with a view toward working with the
representatives to increase awareness of the practices, to develop strategies
to end the practices, and to determine the scope of the problem within the
refugee population.
(b) DEFINITIONS- In this section:
(1) DOWRY DEATH- The term `dowry death' means the killing of a woman
because of a dowry dispute.
(2) HONOR KILLING- The term `honor killing' means the murder of a
woman suspected of dishonoring her family.
ELIMINATION OF FEMALE GENITAL MUTILATION
Sec. 599C. The Secretary of State shall conduct a study to determine
the prevalence of the practice of female genital mutilation. The study shall
include the existence and enforcement of laws prohibiting the practice. The
Secretary shall submit the findings of the study and recommendations on how
the United States can best work to eliminate the practice of female genital
mutilation, to the appropriate congressional committees by June 1,
2001.
SUPPORT BY THE RUSSIAN FEDERATION FOR SERBIA
Sec. 599D. (a) FINDINGS- Congress finds that--
(1) General Dragolub Ojdanic, Minister of Defense of the Federal
Republic of Yugoslavia (Serbia and Montenegro) and an indicted war criminal,
visited Moscow from May 7 through May 12, 2000, as a guest of the Government
of the Russian Federation, attended the inauguration of President Vladimir
Putin, and held talks with Russian Defense Minister Igor Sergeyev and Army
Chief of Staff Anatoly Kvashnin;
(2) General Ojdanic was military Chief of Staff of the Federal
Republic of Yugoslavia during the Kosova war and has been indicted by the
International Criminal Tribunal for the Former Yugoslavia (ICTY) for crimes
against humanity and violations of the laws and customs of war for alleged
atrocities against Albanians in Kosova;
(3) international warrants have been issued by the International
Criminal Tribunal for the Former Yugoslavia for General Ojdanic's arrest and
extradition to The Hague;
(4) the Government of the Russian Federation, a permanent member of
the United Nations Security Council which established the International
Criminal Tribunal for the Former Yugoslavia, has an obligation to arrest
General Ojdanic and extradite him to The Hague;
(5) on May 16, 2000, Russian Minister of Economics Andrei
Shapovalyants announced that his government has provided the Serbian regime
of Slobodan Milosevic $102,000,000 of a $150,000,000 loan it had reactivated
and will sell the Government of Serbia $32,000,000 of oil despite the fact
that the international community has imposed economic sanctions against the
Government of the Federal Republic of Yugoslavia and the Government of
Serbia;
(6) the Government of the Russian Federation is providing the
Milosevic regime such assistance while it is seeking debt relief from the
international community and loans from the International Monetary Fund, and
while it is receiving corn and grain as food aid from the United
States;
(7) the hospitality provided to General Ojdanic demonstrates that
the Government of the Russian Federation rejects the indictments brought by
the International Criminal Tribunal for the Former Yugoslavia against him
and other officials, including Slobodan Milosevic, for alleged atrocities
committed during the Kosova war; and
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