HR 4114 IH
107th CONGRESS
2d Session
H. R. 4114
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
APRIL 9, 2002
Mrs. MORELLA (for herself and Mrs. LOWEY) introduced the following bill;
which was referred to the Committee on International Relations, and in addition
to the Committees on Ways and Means, and Financial Services, 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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS AND DECLARATIONS OF
POLICY; GENERAL PROVISIONS.
(a) SHORT TITLE- This Act may be cited as the `Global Action and
Investments for New Success for Women and Girls Act of 2002' or `GAINS for
Women and Girls Act of 2002'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents; findings and declarations of
policy; general provisions.
TITLE I--INTERNATIONAL DEVELOPMENT EFFECTIVENESS AND WOMEN
Sec. 102. Requirement to integrate women into United States
international assistance programs.
Sec. 104. Provisions relating to the Office of Women in Development
(WID).
Sec. 105. Establishment of a supplemental fund for women in development
activities.
Sec. 106. United States contribution to the United Nations Development
Fund for Women (UNIFEM).
Sec. 107. Coordinating council to promote the advancement of women and
girls.
TITLE II--POVERTY REDUCTION AND WOMEN'S ECONOMIC EQUALITY
Sec. 201. Reducing women's poverty in developing countries.
Sec. 202. Supporting women's businesses through access to resources and
financial markets.
Sec. 203. Improving the terms and conditions of women's work.
Sec. 204. Reviewing the impacts of trade liberalization on women and
their communities.
TITLE III--QUALITY EDUCATION FOR WOMEN AND GIRLS IN DEVELOPING
COUNTRIES
Sec. 302. Amendment to Foreign Assistance Act of 1961.
TITLE IV--LIFELONG HEALTH FOR WOMEN AND GIRLS IN DEVELOPING COUNTRIES
Sec. 401. Health of children.
Sec. 402. Family planning and reproductive health and rights.
Sec. 403. Maternal health programs.
Sec. 404. Preventing and treating HIV/AIDS.
Sec. 405. Prevention and treatment of tuberculosis.
Sec. 406. Addressing female genital mutilation.
TITLE V--WOMEN, AGRICULTURE AND FOOD SECURITY
Sec. 502. Programs to assist women farmers.
Sec. 503. International Fund for Agricultural Development (IFAD).
TITLE VI--HUMAN RIGHTS OF WOMEN AND GIRLS
Sec. 601. Strengthening the human rights of women and girls.
Sec. 602. Prevention of trafficking in women and children.
Sec. 603. Access for Afghan Women Act of 2002.
Sec. 604. Ratification of Convention on the Elimination of All Forms of
Discrimination Against Women.
TITLE VII--VIOLENCE AGAINST WOMEN
Sec. 702. United States international programs to prevent violence
against women and girls.
TITLE VIII--WOMEN, CONFLICTS, AND PEACE BUILDING
Sec. 802. United States international programs.
Sec. 803. Ratification of the Optional Protocol to the Convention on the
Rights of the Child on the Involvement of Children in Armed Conflict.
TITLE IX--WOMEN'S LEADERSHIP AND PARTICIPATION
Sec. 902. United States international programs to increase women's
leadership and participation.
Sec. 903. United States International Fund for Women's Leadership.
Sec. 904. International Museum of Women.
TITLE X--WOMEN AND THE ENVIRONMENT
Sec. 1002. United States international environmental programs.
Sec. 1003. Negotiations of environmental treaties and protocols.
Sec. 1004. Ratification of the United Nations Convention on Persistent
Organic Pollutants.
Sec. 1005. Global Environment Facility.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS
Sec. 1101. Authorization of appropriations.
(c) FINDINGS AND DECLARATIONS OF POLICY- Congress makes the following
findings and declarations of policy:
(1) Economic globalization is not reaching most of the world's poorest
women, girls, and communities. United States international economic
policies, particularly in the areas of business development, multilateral
development banks, trade liberalization and debt relief for developing
countries, should help create a positive environment for women's economic
empowerment and equality between women and men.
(2) As the complexity of the global economy increases, so too does the
important role of women. Women comprise approximately 75 percent of workers
in the `shadow', or informal economy, and constitute an ever-greater share
of the workforce in developing countries.
(3) Many studies have proven that international development investments
in women and girls bring the greatest gains for economic growth and national
development. When women increase their incomes they directly invest this
additional capital in the education, health, and welfare of their children,
breaking the cycle of poverty.
(4) The United States must substantially increase the amount of
attention and resources it contributes to implement commitments made at the
United Nations Fourth World Conference on Women in 1995 and at the United
Nations Special Assembly Session on Women in 2000 in its foreign policy,
development assistance programs, and international economic policies.
(5) Just as women's lives cannot be compartmentalized, no one sectoral
intervention is sufficient to create the environment in which women and
girls can thrive economically and socially. Investments are necessary in
many mutually supporting areas, including consideration for the different
roles of women and men in all United States international policies and
programs, economic development and poverty reduction activities for women,
education and training, comprehensive health care, agricultural development,
protection of women's human rights, violence prevention, leadership
development, assistance to women in conflict situations, and environmental
protection.
(d) GENERAL PROVISIONS- All programs, projects, activities, or actions
contained in this Act, or any amendment made by this Act, shall comply with
the following requirements:
(1) Collection and analysis of sex-disaggregated data for all program
development, implementation, evaluation, and reporting activities.
(2) Extensive consultation with in-country organizations that work with
target populations and directly with target populations before project
design begins and throughout the project cycle.
(3) Coordination and delivery of assistance through locally-based
nongovernmental organizations together with financial and technical support
to build the capacity of these organizations to deliver effective
programming.
(4) Coordination of activities with other bilateral, multilateral,
nongovernmental, and private sector donors active in the relevant sector and
country.
TITLE I--INTERNATIONAL DEVELOPMENT EFFECTIVENESS AND WOMEN
SEC. 101. FINDINGS.
Congress finds the following:
(1) The most effective use of the United States development dollar is an
investment in women and girls. Numerous studies show that programs to
advance the health, education, economic opportunity, and social status of
women directly lead to accelerated economic growth for developing and
transitional country economies.
(2) Development programs and projects that take into account the
different cultural roles of women and men during the design, implementation,
and evaluation phases show far better results than programs or projects that
do not consider these roles.
(3) For nearly 3 decades, the United States has been a leader in
creating and supporting bilateral and multilateral women in development
policies and programs. In 1974, the United States Agency for International
Development (USAID) established the Office of Women in Development (WID).
This Office has served as a focal point for increasing the effectiveness of
United States development efforts by taking gender issues into account
throughout all phases of development planning, implementation, and
evaluation.
(4) Women's equality is a core development issue that enhances United
States global interests. Comprehensive policies and programs of the Office
of Women in Development reflect the reality that women around the world play
critical roles in economic growth and development, and their contributions
reverberate from the global economy all the way down to the poorest
households.
SEC. 102. REQUIREMENT TO INTEGRATE WOMEN INTO U.S. INTERNATIONAL ASSISTANCE
PROGRAMS.
(a) PART II OF FOREIGN ASSISTANCE ACT OF 1961- Section 113(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151k(a)) is amended by inserting
after `this part' the following: `and part II of this Act (including chapter 4
of such part)'.
(b) Support for East European Democracy (SEED) Act of 1989-
(1) IN GENERAL- The Support for East European Democracy (SEED) Act of
1989 (22 U.S.C. 5401 et seq.) is amended by inserting after section 3 the
following:
`SEC. 4. INTEGRATING WOMEN INTO NATIONAL ECONOMIES.
`In recognition of the fact that women in developing countries play a
significant role in economic production, family support, and the overall
development process of the national economies of such countries, this Act
shall be administered so as to give particular attention to those programs,
projects, and activities which integrate women into the national economies of
developing countries, thus improving their status and assisting the total
development effort.'.
(2) CONFORMING AMENDMENT- The table of contents of such Act (22 U.S.C.
5401(a) note) is amended by inserting after the item relating to section 3
the following:
Sec. 4. Integrating women into national economies.
(c) PUBLIC LAW 480- The Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1691 et seq.) is amended by inserting after section 3 the
following:
`SEC. 4. INTEGRATING WOMEN INTO NATIONAL ECONOMIES.
`In recognition of the fact that women in developing countries play a
significant role in economic production, family support, and the overall
development process of the national economies of such countries, this Act
shall be administered so as to give particular attention to those programs,
projects, and activities which integrate women into the national economies of
developing countries, thus improving their status and assisting the total
development effort.'.
SEC. 103. ANNUAL REPORT.
The Administrator of the United States Agency for International
Development shall prepare and submit to the
Congress an annual report on the extent to which the requirements contained
in section 113(a) of the Foreign Assistance Act of 1961, section 4 of the
Support for East European Democracy (SEED) Act of 1989, and section 4 of the
Agricultural Trade Development and Assistance Act of 1954 (each as added by
section 102 of this Act) are being carried out.
SEC. 104. PROVISIONS RELATING TO THE OFFICE OF WOMEN IN DEVELOPMENT
(WID).
Not later than 30 days after the date of the enactment of this Act, the
Administrator of the United States Agency for International Development shall
carry out the following:
(1) Appoint a head of the Office of Women in Development at the Deputy
Assistant Administrator level or higher.
(2) Establish a working group within the Office consisting of Deputy
Assistant Administrators of the Agency. Members of the working group shall
meet on a routine basis to monitor and assist with the ongoing
implementation of and compliance with gender integration policies and
programs of the Agency and with all provisions contained in title I of this
Act.
SEC. 105. ESTABLISHMENT OF A SUPPLEMENTAL FUND FOR WOMEN IN DEVELOPMENT
ACTIVITIES.
The Administrator of the United States Agency for International
Development shall establish a supplemental fund within the Office of Women in
Development at the Agency to provide matching funds to missions of the Agency
or to specific projects for the purposes of incorporating the different roles
of women and men into program design, implementation, and evaluation and to
implement activities to promote the advancement of women and girls. Matching
funds shall be granted with the approval of the Deputy Assistant Administrator
for Women in Development.
SEC. 106. UNITED STATES CONTRIBUTION TO THE UNITED NATIONS DEVELOPMENT FUND
FOR WOMEN (UNIFEM).
The President is authorized to make a voluntary contribution on a grant
basis to the United Nations Development Fund for Women (UNIFEM).
SEC. 107. COORDINATING COUNCIL TO PROMOTE THE ADVANCEMENT OF WOMEN AND
GIRLS.
(a) ESTABLISHMENT- The President is authorized to establish a coordinating
council to promote the advancement of women and girls in the programs and
policies of all Federal agencies and departments and for providing a means for
nongovernmental organizations to work in partnership with the Federal
government on areas of mutual concern.
(b) COMPOSITION- The council shall be comprised of representatives of each
Federal agency or department at the Deputy Assistant Secretary or Deputy
Assistant Administrator level or higher and chaired by a Cabinet-level
Secretary.
(c) LOCATION AND STAFFING- It is the sense of Congress that--
(1) the council should be placed within the Office of the
President;
(2) the full-time staff director of the council should be a high-level
appointee who has credibility both within the United States Government and
within the community of women's and nongovernmental organizations; and
(3) should be supported by sufficient staff and resources to carry out
this section.
TITLE II--POVERTY REDUCTION AND WOMEN'S ECONOMIC EQUALITY
SEC. 201. REDUCING WOMEN'S POVERTY IN DEVELOPING COUNTRIES.
(a) FINDINGS AND DECLARATIONS OF POLICY- Congress makes the following
findings and declarations of policy:
(1) More than 1,000,000,000 people in the world today, the great
majority of whom are women, live in unacceptable conditions of poverty,
mostly in developing nations. Poverty is a complex, multidimensional
problem, with origins in both the national and international domains.
(2) Income inequality is growing in many countries around the world.
Gaps between rich and poor men and rich and poor women have also
widened.
(3) The globalization of the world's economy and the deepening
interdependence among nations present challenges and opportunities for
sustained economic growth and poverty elimination.
(4) The international community has reached consensus on a set of goals
to promote human development in the 21st century. The United States must now
act on these goals and fulfill its commitments by increasing its official
development assistance contribution from 0.03 percent of Gross Domestic
Product (GDP) to 0.07 percent of GDP.
(5) The availability of basic services such as education, health care,
and water are crucial for the survival of poor women and their families and
important prerequisites for assisting women in leaving poverty behind.
(6) While the intentions behind the privatization of education, health
care, and water may be fiscally sound, privatization can close access for
the poor to these essential services if it is not implemented with specific
safeguards, monitoring, and accountability mechanisms designed to protect
the poor.
(b) DEVELOPMENT OF POVERTY INDICATORS-
(1) SUPPORT FOR UNITED NATIONS- The Secretary of Commerce, acting
through the Bureau of the Census, and the Secretary of Labor, acting through
the Bureau of Labor Statistics, shall provide financial, human resource, and
other programmatic support to the United Nations Development Program and the
United Nation's Statistical Office to work in collaboration with the World
Bank to develop and agree upon standardized measurements of women's relative
and absolute poverty.
(2) SUPPORT FOR DEVELOPING COUNTRIES- The Secretary of Commerce, acting
through the Bureau of the Census, and the Secretary of Labor, acting through
the Bureau of Labor Statistics, shall provide financial support and training
to statistical agencies within developing countries to help build the
capacity of these countries to collect, analyze, and use
gender-disaggregated poverty indicators for policy-making, economic and
social program development, and service delivery.
(c) MONITORING AND ACCOUNTABILITY FOR REDUCING WOMEN'S POVERTY BY HALF BY
2015-
(1) IN GENERAL- Of the amount made available from the supplemental fund
pursuant to section 105 of this Act for a fiscal year, the Administrator of
the United States Agency for International Development is authorized to use
up to $1,000,000 of such amount to establish baseline data and monitor
progress toward the goal of reducing the poverty of women by half by
2015.
(2) REPORTS- The Administrator shall, as part of the annual
congressional presentation documents of the Agency, submit to Congress a
report
that contains a description of the progress toward the goal referred to in
paragraph (1), including a description of not only the relevant activities
implemented, but also on the overall impact on reduction of indicators of
women's poverty as developed and agreed upon pursuant to subsection (b)(1).
(d) REMOVING LEGAL AND STRUCTURAL BARRIERS TO REDUCING WOMEN'S POVERTY-
(1) IN GENERAL- The Administrator of the United States Agency for
International Development, working closely with the Deputy Assistant
Administrator for Women in Development, shall conduct an analysis of legal
and structural barriers to reducing women's poverty in developing countries
in which the Agency is conducting programs. Such barriers, for example, may
include laws that bar or discourage women's ownership of assets such as
land, property, financial resources, and other related barriers.
(2) NEW ACTIVITIES- Based on the results of the analysis under paragraph
(1), the Administrator shall institute new activities to assist developing
countries in removing barriers referred to in paragraph (1).
(3) FUNDING- Of the amount made available from the supplemental fund
pursuant to section 105 of this Act for a fiscal year, the Administrator is
authorized to use up to $1,000,000 of such amount to carry out this
subsection.
(e) DEVELOPMENT OF SOCIAL INSURANCE PROGRAMS IN DEVELOPING AND
TRANSITIONAL COUNTRIES-
(1) IN GENERAL- The Secretary of the Treasury shall encourage
governments of developing and transitional economy countries to develop and
implement social insurance programs as part of their poverty alleviation and
national development strategies. At a minimum, the Secretary shall ensure
that actions and policies of the Department of the Treasury do not hinder
the abilities of such governments to provide social insurance programs for
their citizens, pursue national employment goals, and implement programs to
stimulate demand for labor.
(2) MULTILATERAL DEVELOPMENT BANKS- The Secretary of the Treasury shall
instruct the United States executive director to each multilateral
development bank to use the voice, vote, and influence of the United
States--
(A) to vote against any loan or project that will negatively impact
the ability of a government of a developing or transitional economy
country to provide social insurance programs for its citizens, pursue
national employment goals, or implement programs to stimulate demand for
labor; and
(B) to vote against any loan or project in countries receiving loans
from the International Development Association or participating in the
program for heavily indebted poor countries that includes user fees or
other cost recovery mechanisms that do not include safeguards to ensure
that such fees do not adversely impact the poor or reduce access to basic
services such as health care, education, water, and electricity.
(f) UTILIZING DEBT RELIEF PROGRAMS TO REDUCE WOMEN'S POVERTY-
(1) REPORT- Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Treasury shall submit to Congress a report on
debt relief programs led by, or coordinated with, international financial
institutions, including the extent to which poor countries and the poorest
of the poor, especially women and girls, benefit from debt relief, including
measurable evidence of any such benefits.
(2) ADDITIONAL REQUIREMENT- The Secretary of the Treasury shall instruct
the United States Executive Directors at the International Bank for
Reconstruction and Development and the International Monetary Fund to use
the voice, vote, and influence of the United States to ensure that the
savings from debt cancellation are used for poverty reduction programs in a
process that is fair and transparent, and that includes the participation of
national governments, parliamentary bodies, nongovernmental organizations,
including women's organizations, and other civil society institutions.
(g) DEFINITIONS- In this section:
(1) INTERNATIONAL FINANCIAL INSTITUTION- The term `international
financial institution' means the International Bank for Reconstruction and
Development, the International Development Association, the International
Finance Corporation, the Multilateral Investment Guarantee Agency, the
International Monetary Fund, the Asian Development Bank, the African
Development Bank, the African Development Fund, the Inter-American
Investment Corporation, the Inter-American Development Bank, and the
European Bank for Reconstruction and Development.
(2) SOCIAL INSURANCE PROGRAMS- The term `social insurance programs'
means all forms of public insurance that mitigate against declines in income
or against a particular risk, such as unemployment, disability, or old
age.
(3) USER FEES- The term `user fees' means fees applied to services or
utilities designed to recover full or partial costs of services.
SEC. 202. SUPPORTING WOMEN'S BUSINESSES THROUGH ACCESS TO RESOURCES AND
FINANCIAL MARKETS
(a) FINDINGS- Congress makes the following findings:
(1) Many poor entrepreneurs are trapped in poverty because they cannot
obtain credit at reasonable rates to expand their otherwise viable
self-employment activities. Women in particular have difficultly accessing
credit because many countries bar women from legally owning assets that they
can offer as collateral.
(2) Microenterprise plays a vital role in the efforts of the United
States to lead the development of a new global financial architecture.
Recent shocks
to international financial markets demonstrate how the financial sector can
shape national development and impact poverty. Microfinance is also a powerful
tool for building a more inclusive financial sector serving the broad majority
of the world's population, including poor women, generating social stability and
prosperity.
(3) Beyond microenterprise, women are generating the most growth in the
small- and medium-sized business sector in developing and transitional
economies. Around the world, women's small- and medium-sized businesses
represent one-quarter to one-third of all businesses. New jobs generated
through this sector can play an important role in providing gainful, safe,
and dignified employment to the poor.
(4) Information technology is an important tool for furthering women's
economic advancement. For example, information technology can help women
gain market information in order to sell their goods at a fair price and to
expand their market participation. In many developing countries less than 1
percent of the population has access to information technology--either male
or female. High rates of illiteracy among poor women represent a major
barrier to women's use of information technology.
(b) Amendments to Foreign Assistance Act of 1961-
(1) MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS- Section 108 of the
Foreign Assistance Act of 1961 is amended--
(A) in subsection (b)(3), by inserting after `training programs for
microentrepreneurs' the following: `, with an emphasis on women,';
and
(B) by adding at the end the following:
`(g) REPORTING REQUIREMENT- The Administrator of the United States Agency
for International Development shall, as part of the annual congressional
presentation documents of the Agency, submit to Congress a report that
contains--
`(1) indicators on the number of women living below the national poverty
line that have secured loans or received training through the programs
described in this Act; and
`(2) the percentage of women borrowers in programs funded by the Agency,
the percentage of total loan funds received by women borrowers, and the
impact of such loans on the economic status of such women.'.
(2) MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE- Section 131 of the
Foreign Assistance Act of 1961 is amended--
(A) in subsection (b)(1)(D), by inserting at the end before the period
the following: `, including programs to eliminate legal and institutional
barriers to women's ownership of assets, access to credit, and engagement
in business activities within or outside of the home';
(B) in subsection (b)(2)(C), by inserting at the end before the period
the following: `, including women's organizations';
(C) in subsection (b)(3), in the first sentence, by striking `as
established by the national government of the country'; and
(D) in subsection (c), by adding at the end the following: `All goals,
reports, analyses and recommendations required by this section shall be
disaggregated by sex.'.
(c) SUPPORT FOR WOMEN'S SMALL- AND MEDIUM-SIZED BUSINESSES-
(1) USAID- The Administrator of the United States Agency for
International Development, working closely with the Deputy Assistant
Administrator for Women in Development, shall incorporate the following
activities into existing and future programs of the Agency to promote small
businesses and medium-sized businesses in developing countries:
(A) Work with developing country governments to enhance or create
laws, regulations, and other practices that promote the growth of banking
and financial services for small businesses and medium-sized businesses,
and to eliminate or reduce regulatory barriers that may exist in this
regard. In particular, promote specific policy or regulatory measures that
increase access to these services for women-owned small businesses and
medium-sized businesses.
(B) Strongly encourage developing country governments to reduce
corruption at the national, regional, and local levels, which women's
businesses report as one of the leading barriers to their growth.
(C) Promote access to information technology (IT) with training in IT
for women-owned small businesses and medium-sized businesses.
(D) Provide training, through local associations of women-owned
businesses and government programs, in financial and personnel management,
international trade, business planning, marketing, and policy
advocacy.
(E) Provide resources to establish and enhance local, national, and
international networks and associations of women-owned small businesses
and medium-sized businesses.
(2) DEPARTMENT OF COMMERCE- The Secretary of Commerce shall encourage
United States business participants on trade missions to developing and
transitional countries to meet with women-owned small businesses and
medium-sized businesses in such countries.
(d) ACCESS TO INFORMATION TECHNOLOGY (IT) AND TRAINING- The Administrator
of the United States Agency for International Development, working closely
with the Deputy Assistant Administrator for Women in Development, shall
incorporate the following activities into existing and future information
technology programs of the Agency:
(1) Assist and encourage developing countries to include gender analysis
and activities to promote the use of information technology among women in
their national information technology policies.
(2) Assist developing countries in building infrastructure in wireless
and commercial satellite communications, particularly for rural and
peri-urban areas.
(3) Include the use of information technology in programs in basic
education and literacy training.
(4) Develop programs to increase the number of girls and women studying
information technology-related subjects.
(5) Provide assistance to nongovernmental organizations working with
poor women to deliver information technology hardware and training to their
beneficiaries.
(e) DEFINITIONS- In this title:
(1) MICROCREDIT PROGRAM- The term `microcredit program' means a program
that provides small loans and other financial services such as savings to
very poor microentrepreneurs.
(2) MICROENTERPRISE- The term `microenterprise' means a business with 10
or fewer employees from among individuals who are poor or
disadvantaged.
(3) SMALL BUSINESS- The term `small business' means a business
enterprise with approximately 10 to 100 employees.
SEC. 203. IMPROVING THE TERMS AND CONDITIONS OF WOMEN'S WORK.
(a) FINDINGS AND DECLARATIONS OF POLICY- Congress makes the following
findings and declarations of policy:
(1) Women work for pay in two primary and overlapping fields of
activity--the formal sector (that set of activities in private or publicly
owned enterprise or in the civil service which conform generally to tax and
labor laws and other state regulations) and the informal sector (that set of
economic activities characterized by relative ease of entry, reliance on
indigenous resources, family ownership, small scale of operations, labor
intensity, and unregulated markets).
(2) Once expected to dwindle with economic growth, the informal sector
today provides the majority of employment in many developing countries. In
Africa, this sector creates 93 percent of new jobs in the economy and as
much as 80 percent of non-agricultural employment is in the informal
sector.
(3) Street vending is a global phenomenon. In cities and towns
throughout the world millions of people earn their living by selling a wide
range of goods and services on the streets. Despite a general belief that
street vending recedes as economies develop and incomes rise, it is actually
on the increase in many places. Street vendors represent a significant share
of the urban informal sector. In many parts of Asia, Africa, and Latin
America women represent a majority of these vendors.
(4) Home-based work (work carried out by a person (A) in his or her home
or in other premises of his or her own choice, other than the workplace of
the employer, (B) for remuneration, and (C) which results in a product or
service as specified by the employer, irrespective of who provides the
equipment, materials or other inputs used, unless this person has degree of
autonomy and of economic independence necessary to be considered an
independent worker under national laws, regulations or court decisions) is
growing in developing countries. Homeworkers are a major part of the
workforce in the garment, leather, footwear, carpet, and electronics
industries. Increasing numbers of homeworkers work in computer-based
services.
(5) Women also spend considerable time in work that is not paid, such as
childcare, cooking, cleaning, sewing, subsistence agriculture, or
contributing to a family enterprise. If the unpaid invisible work by women
were fully taken into account in labor statistics, their levels of economic
activity would increase from 10 percent to 20 percent. Global estimates
suggest that women's unpaid work produces an output of $11,000,000,000,000,
compared to a global GDP of about $23,000,000,000,000. Without an adequate
assessment of this unpaid work, it is impossible to measure the transfer of
state-supported or provided services to women's unpaid labor (for example,
health care shifted from public services to in-home care provided by women)
as governments cut or privatize social services.
(b) IMPROVING WOMEN'S WORK- The Administrator of the United States Agency
for International Development, working closely with the Deputy Assistant
Administrator for Women in Development, shall provide technical assistance to
developing countries to design and implement laws, regulations, and programs
to promote child care, access to social security and unemployment insurance,
parental leave, minimum wages, occupational health and safety, freedom of
association and collective bargaining, and non-discrimination in employment
and remuneration. Technical assistance and programs shall also be provided to
eliminate the use of child or forced labor.
(c) IMPROVING WOMEN'S WORK IN THE FORMAL SECTOR- The Board of Directors of
the Overseas Private Investment Corporation and the Board of Directors of the
Export-Import Bank of the United States shall encourage United States
businesses that receive support from the Corporation or the Bank for
activities in developing or transitional economies to comply with the Social
Accountability 8000 voluntary standards for corporations developed by Social
Accountability International.
(d) IMPROVING WOMEN'S WORK IN THE INFORMAL SECTOR-
(1) DECLARATION OF SUPPORT- Congress expresses its support for the
International Labor Organization Home Work Convention (177) and urges the
Committee on Foreign Relations of the Senate to hold hearings on the
convention and submit the convention to the full floor of the Senate for a
vote on advice and consent to ratification.
(2) SUPPORT BY USAID- The Administrator of the United States Agency for
International Development shall carry out the following:
(A) Provide support to the United Nations Statistical Office to
develop a framework for the inclusion of informal sector employment into
the System of National Accounts (SNA) which provides the basic framework
for defining what constitutes production and economic activity and methods
for assessing the value of production in the economic sectors. Such
support shall include the development of improved guidelines on how to
determine the value of production for the informal sector in relation to
total production.
(B) Provide support to the International Labor Organization to improve
collection of data on the informal sector in labor force statistics and
coordinate activities with international agencies and networks such as the
United Nations Development Program's project on `Engendering Labor Force
Statistics'.
(C) Make use of such improved information in national income accounts
and labor forces statistics for the formulation of development assistance
policies and programs.
(f) EFFORTS TO MEASURE UNREMUNERATED WORK-
(1) IN GENERAL- The Administrator of the United States Agency for
International Development, in conjunction with the Secretary of State, shall
support, on a financial and programmatic basis, the efforts of the United
Nations Statistical Office to produce measurements on unremunerated
work and the reporting of this work in satellite accounts. This data shall be
used to monitor and evaluate United States international poverty reduction
programs and in reviewing the impacts of trade liberalization on women as
required by section 204 of this Act.
(2) DEFINITION- In this subsection, the term `satellite accounts' means
accounts that provide measurements of non-monetized productive activities
and are designed to be used in conjunction with national income product
accounts measures, as established by the United Nations Convention on
National Accounts.
SEC. 204. REVIEWING THE IMPACTS OF TRADE LIBERALIZATION ON WOMEN AND THEIR
COMMUNITIES.
(a) SHORT TITLE- This section may be cited as the `Women and International
Trade Act of 2001'.
(b) FINDINGS- Congress makes the following findings:
(1) The various forces of globalization have brought enormous wealth to
some, but have also increased economic inequality within and between
nations.
(2) Trade liberalization can open new employment to women, while
eliminating employment for others. Trade adjustment assistance is an
appropriate and effective tool in assisting those who are displaced in
finding new employment.
(3) Women contribute to and are affected by trade liberalization as
workers, businesswomen, farmers, producers, and consumers.
(4) United States international trade, social development, and
international development policy should be linked with the goal of improving
women's social and economic status in the United States and abroad.
(5) Enhancing women's status not only improves individual lives, but
also eliminates market inefficiencies and leads to greater economic growth
and trade.
(c) AVAILABILITY OF UNITED STATES MARKET TO HIPC COUNTRY PRODUCTS- The
United States Trade Representative shall take appropriate steps to open the
United States market to products that countries participating in the Heavily
Indebted Poor Countries program have the ability to export, particularly in
the agricultural sector.
(d) ADVISORY COMMITTEE FOR TRADE, GENDER, AND DEVELOPMENT POLICY-
(1) ESTABLISHMENT- The United States Trade Representative, pursuant to
section 135(c)(2) of the Trade Act of 1974 (19 U.S.C. 2155(c)(2), shall
establish within the Office of the United States Trade Representative a
Trade, Gender, and Development Policy Advisory Committee (hereafter in this
section referred to as the `Advisory Committee') to provide policy advice on
issues involving trade, gender, and international development.
(A) NUMBER AND APPOINTMENT- The Advisory Committee shall be composed
of not more than 35 members, appointed by the Trade Representative, who
shall include, but not be limited to, representatives from women's
interest groups, private voluntary organizations, international aid
organizations, and appropriate representatives from Federal departments
and agencies. The membership of the Advisory Committee shall be broadly
representative of key sectors and groups of the economy with an interest
in trade, gender, and international development policy issues.
(B) TERM- Members of the Advisory Committee shall be appointed for a
term of 2 years and may be reappointed for additional terms.
(C) POLITICAL AFFILIATION- Members may be appointed the Advisory
Committee without regard to political affiliation.
(D) VACANCY- A vacancy in the Advisory Committee shall be filled in
the manner in which the original appointment was made.
(E) CHAIRPERSON- The Chairperson of the Advisory Committee shall be
designated by the Trade Representative at the time of
appointment.
(3) DESIGNEES- The Trade Representative may request one or more members
of the Advisory Committee to designate a staff-level representative for
discussions of technical issues related to trade and environmental
policy.
(4) DUTIES- The Advisory Committee--
(A) shall assess the impact of all current and future United States
bilateral and multilateral trade agreements on women in accordance with
such section; and
(B) shall make recommendations to the Trade Representative based upon
assessments made pursuant to subparagraph (A).
(e) REVIEW OF UNITED STATES TRADE AGREEMENTS-
(1) REVIEW- The United States Trade Representative, the Secretary of
Labor, the Secretary of Health and Human Services, the Secretary of State,
and the Administrator of the United States Agency for International
Development, in conjunction with the Advisory Committee for Trade, Gender,
and Development Policy (established under subsection (d)) and interested
nongovernmental organizations, shall carry out a review of--
(A) the impact of each United States bilateral and multilateral trade
agreement on areas important to the well-being of women, men, and their
communities in both the United States and in developing and transitional
countries that receive assistance from the United States government,
including areas of employment, wages and earnings, working conditions,
occupational health and safety, access to social services such as
education and health care, access to basic services such as water and
electricity, and other areas as recommended by the Advisory Committee;
and
(B) the coherence between United States goals for sustainable
economic, environmental, and social development and United States trade
policies carried out by the Office of the United States Trade
Representative, including the extent to which issues relating to gender
are integrated into United States negotiation positions relating to trade
agreements.
(A) FOR FUTURE TRADE AGREEMENTS- Not later than 90 days after the date
on which the United States Trade Representative submits formal proposals
for negotiation with other parties to a trade agreement, the individuals
and entities referred to in paragraph (1) shall prepare and submit to
Congress a report that contains--
(i) the results of the review conducted pursuant to paragraph (1)
with respect to the trade agreement under negotiation; and
(ii) recommendations for changes in United States trade negotiating
proposals, trade adjustment assistance programs in the United States,
and international development assistance programs to ensure that women
in particular can take advantage of new opportunities created by United
States trade agreements and to respond to the needs of persons who may
be adversely affected.
(B) CURRENT TRADE AGREEMENTS- Not later than 1 year after the date of
the enactment of this Act, the individuals and entities referred to in
paragraph (1) shall prepare and submit to Congress a report that
contains--
(i) the results of the review conducted pursuant to subsection (a)
with respect to trade agreements in effect as of the date of the
enactment of this Act; and
(ii) recommendations for changes in United States trade negotiating
proposals, trade adjustment assistance programs in the United States,
and international development assistance programs to ensure that women
in particular can take advantage of new opportunities created by United
States trade agreements and to respond to the needs of persons who may
be adversely affected.
TITLE III--QUALITY EDUCATION FOR WOMEN AND GIRLS IN DEVELOPING
COUNTRIES
SEC. 301. FINDINGS.
Congress makes the following findings:
(1) Investing in girls' education is one of the most effective means of
promoting economic growth and poverty reduction. Educating girls has a
significant impact on long-term development objectives, and has been proven
to result in reduced family size, reduced rates of infant and maternal
mortality, increased wages, improved family health, and improved educational
status for the next generation.
(2) Girls account for two-thirds of the 125,000,000 children not in
primary schools and millions of girls suffer in poor learning environments
that enforce gender stereotypes. Girls are less likely to complete school
than are boys and the mean achievement level of girls is 40 percent lower
than that of boys.
(3) Countries affected by HIV/AIDS have lost a large proportion of
primary and secondary school teachers. Training of new teachers is a
critical need in order to maintain and increase primary school enrollment
and completion.
(4) Access to education is the most critical prerequisite to the
participation of women and girls in the global economy. United States
investments in education and training in the new century must provide the
required skills for an increasingly knowledge-intensive and global economy.
In particular, women and girls need access to and skills in information
technologies.
SEC. 302. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961.
Section 105 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151c) is
amended by adding at the end the following:
`(c)(1) Congress reaffirms the goals established by the Organization for
Economic Cooperation and Development and the United Nations of achieving
global gender equity in education by 2005 and achieving universal access to
basic education by 2015.
`(2) Assistance provided under this section shall be used to support
activities that promote gender equity and increased access to quality
education for girls and women in developing and transitional countries. Such
activities may include, but are not limited to--
`(A) support for policy reform, such as encouraging governments to
locate schools closer to communities, provide appropriate facilities for
girls, reduce the cost of schooling, and recruit female teachers;
`(B) assistance to mobilize communities to promote girls' education and
participate in decision-making relating to schooling;
`(C) training of teachers, including training in gender-equitable
teaching methods;
`(D) support for the development of curriculum free from gender
bias;
`(E) literacy programs for adult women;
`(F) support for increased access of women and girls to information
technologies and training;
`(G) projects to increase women's participation in secondary, technical,
and higher education; and
`(H) assessment of the risks of school-based violence and incorporation
of specific measures to prevent such violence and to ensure prosecution of
individuals responsible for such violence.'.
TITLE IV--LIFELONG HEALTH FOR WOMEN AND GIRLS IN DEVELOPING
COUNTRIES
SEC. 401. HEALTH OF CHILDREN.
(a) FINDINGS- Congress makes the following findings:
(1) Health-related discrimination against girls and women occurs
throughout their life-span. It includes prenatal sex selection, female
infanticide, and preference for sons with respect to nutrition and medical
care.
(2) Girls are also subject to harmful traditional practices such as
violence and female genital mutilation. Physical, sexual, and psychological
abuse that is present in all cultures and countries affects far more girls
than boys.
(3) Poverty and war together have led to severe health consequences for
children. More than 10,000,000 children will die before their fifth birthday
of preventable causes in developing countries, including pneumonia,
diarrhea, malaria, malnutrition, and measles. These diseases kill a child
every 5 seconds.
(4) With additional resources, it is estimated that 15,000,000
additional children could be saved by 2010 through increased child
immunization rates.
(5) Child labor, increasing in the global economy, has also directly
affected the health of children. According to the International Labor
Organization (ILO), approximately 250,000,000 children between the ages of 5
and 14 work in developing countries
and some 50,000,000 to 60,000,000 children between the ages of 5 and 11 work
in hazardous circumstances. Two-thirds of these children are girls.
(b) CHILD SURVIVAL PROGRAMS-
(1) IN GENERAL- The Administrator of the United States Agency for
International Development shall establish and carry out programs to provide
child survival assistance to individuals in need in developing
countries.
(2) PROGRAM ACTIVITIES- Programs established pursuant to paragraph (1)
shall include the following activities:
(A) Programs to end discrimination against girls with respect to
access to nutrition and health care, including access by children under
the age of 5 to essential nutrients, such as vitamin A, diagnosing,
treating, and preventing the most common life-threatening childhood
diseases, such as malaria, measles, diarrhea and pneumonia, reducing
hunger and malnutrition, and increasing support and funding for the health
needs of the millions of children that are being orphaned and affected by
HIV/AIDS.
(B) Support for women's nongovernmental organizations that seek to
improve the health of girls through education, advocacy, and
services.
(C) Support for nongovernmental organizations that directly address,
treat, and work to eliminate all forms of abuse and neglect of
children.
(D) Recognition, through integrated programming in education and
economic growth, that children's health cannot be isolated from broader
structural and institutional issues of gender inequality in the access to
economic resources, education, and power.
(E) Programs to enhance the health, including the reproductive and
sexual health, of adolescents, especially girls.
SEC. 402. FAMILY PLANNING AND REPRODUCTIVE HEALTH AND RIGHTS.
(a) FINDINGS- Congress finds the following:
(1) Hundreds of millions of women lack access to comprehensive
reproductive health care services, including family planning services, which
are basic elements of women's reproductive health and rights. The low status
of women in many societies is a factor that perpetuates patterns of early
and frequent childbearing and is often an obstacle to women's use of
existing health care services. Population planning assistance programs
should provide comprehensive reproductive health care, including family
planning services that respect and promote women's reproductive rights,
privacy, and empowerment.
(2) Key elements of a comprehensive approach to reproductive health and
rights include the confidential provision of a full range of family planning
and services, reproductive health and sexuality education, prenatal and
delivery care, including emergency obstetrical care, prevention of HIV/AIDS
and other sexually transmissible infections (STIs), access to treatment for
the complications of unsafe abortion, and access to safe abortion services
where legal, and, age-appropriate confidential reproductive health care and
education for adolescents.
(3) By signing the agreements of the United Nations International
Conference on Population and Development in Cairo (ICPD), the Fourth World
Conference on Women in Beijing (FWCW), and the 5-year reviews, the United
States Government declared that it would, among other things--
(A) promote women's empowerment and gender equality;
(B) focus on the needs and rights of women and men;
(C) promote a comprehensive reproductive health and rights approach;
and
(D) involve women in leadership, planning, decision-making,
implementation, and evaluation of United States international family
planning programs.
(4) Women's economic participation and reproductive rights and health
are inextricably linked. Increases in women's labor force participation
raises demand for safe and voluntary reproductive health care, including
family planning services, which in turn enable women to control their own
health and fertility and their ability to work. Lack of comprehensive
reproductive health care severely limits women's ability to gain from new
opportunities resulting from the increasingly globalized economy.
(b) ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS UNDER PART I OF
THE FOREIGN ASSISTANCE ACT OF 1961- Notwithstanding any other provision of
law, regulation, or policy, in determining eligibility for assistance
authorized under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.), foreign nongovernmental organizations--
(1) shall not be ineligible for such assistance solely on the basis of
health or medical services, including counseling and referral services,
provided by such organizations with non-United States Government funds if
such services do not violate the laws of the country in which they are being
provided and would not violate United States Federal law if provided in the
United States; and
(2) shall not be subject to requirements relating to the use of
non-United States Government funds for advocacy and lobbying activities
other than those that apply to United States nongovernmental organizations
receiving assistance under part I of such Act.
(c) UNITED STATES INTERNATIONAL FAMILY PLANNING PROGRAMS- United States
international programs administered by the United States Agency for
International Development, the Department of State, and other appropriate
Federal departments and agencies shall incorporate the following:
(1) A human rights, including reproductive rights, approach as embodied
in the United States commitments in the agreements at the International
Conference on Population and Development (ICPD) and the United Nations
Fourth World Conference on Women (FWCW), and the 5-year reviews of promoting
women's equality, empowerment, and rights.
(2) Design of monitoring, evaluation, and measurement of results based
on local contexts and, in particular, measurements that prioritize the
quality of services.
(3) Design and implementation of, in cooperation with women and
community-based organizations, gender-sensitive reproductive health and
family planning programs that address the needs of women throughout their
lives and take into account their multiple roles and responsibilities, the
demands on their time, the special needs of rural women and women with
disabilities and the diversity of women's needs arising from age and
socio-economic and cultural differences, among others.
(4) Information, education, and communication programs to promote the
use of the female condom.
(d) FUNDING FOR THE UNITED NATIONS POPULATION FUND (UNFPA)-
(1) STATEMENT OF POLICY- Congress recognizes the effectiveness of
multilateral agencies that deliver family planning services.
(2) FUNDING- Of the amount appropriated pursuant to the authorization of
appropriations
under section 1101 of this Act for fiscal year 2003, $35,000,000 is
authorized to be available for the United States voluntary contribution to the
United Nations Population Fund (UNFPA). Amounts made available under the
preceding sentence are in addition to amounts otherwise available for such
purposes.
SEC. 403. MATERNAL HEALTH PROGRAMS.
(a) FINDINGS- Congress makes the following findings:
(1) Approximately 600,000 women die each year due to complications of
pregnancy, childbirth, and unsafe abortion. Of these mostly preventable
deaths, more than 95 percent occur in developing countries.
(2) Access to comprehensive maternal health care, including quality
pre-natal care and nutritional supplements (for example, foliates),
screening for pregnancy-related diseases, basic fetal health tests,
immunizations (for example, tetanus), access to treatment for the
complications of unsafe abortion, access to safe abortion services where
legal, and preparation for safe birth (including safe delivery kits where
needed) are necessary for the health of women and children. Post-natal care
includes follow-up services to ensure that women recover from birth without
hemorrhaging or infection and that newborns develop adequately.
(3) When women cannot work because of health problems, the loss of their
income, as well as the costs of treatment, can drive them and their families
into debt. In India, a study found that disability reduced the productivity
of the female labor force by about 20 percent.
(b) MATERNAL HEALTH PROGRAMS-
(1) IN GENERAL- The Administrator of the United States Agency for
International Development shall establish and carry out programs to provide
maternal health assistance to individuals in need in developing
countries.
(2) CONDUCT OF PROGRAMS- In carrying out the programs pursuant to
paragraph (1), the Administrator shall include programs that improve
maternal health to protect the outcome of pregnancy, neonatal and young
infants and save the lives of mothers by improving maternal nutrition,
promoting birth preparedness, improving safe delivery and postpartum care,
and managing and treating life-threatening complications of pregnancy and
childbirth. Maternal health programs may also include interventions to
protect women from violence and ensure that women can exercise their
reproductive rights without coercion.
SEC. 404. PREVENTING AND TREATING HIV/AIDS.
(a) FINDINGS- Congress finds the following:
(1) World leaders have acknowledged that the devastating scale of the
HIV/AIDS pandemic constitutes a global emergency and that new, additional,
and sustained resources are necessary to meet the challenge of providing an
integrated approach of prevention, care, support, treatment, and
research.
(2) The United States and other donor countries must be at the forefront
in leading and mobilizing the level of resources required--between
$7,000,000,000 and $10,000,000,000--by 2005 in low- and middle-income
countries and those countries experiencing rapid expansion of HIV
infections.
(3) HIV disproportionately affects women and girls. The rate of increase
of new HIV infections is rising most rapidly among women and young girls,
particularly in societies throughout Africa and Asia plagued by poverty and
high levels of gender inequality. Women account for more than half of the
deaths from AIDS since the beginning of the epidemic. Of the 34,700,000
adults currently living with HIV/AIDS, 16,400,000 are women. There are
1,400,000 children under the age of 15 living with HIV/AIDS, 90 percent of
whom were infected through transmission from their mother.
(4) Rates of transmission of other sexually transmitted infections, such
as chlamydia, gonorrhea, and human papillomavirus also are high and
increasing in some countries of the world. While not always
life-threatening, such diseases entail enormous health, social, and economic
costs. Many of these diseases increase the risk of transmission of HIV from
one partner to another. Women generally have less access to information and
services for the prevention and treatment of common sexually transmitted
infections and therefore suffer disproportionately from common sexually
transmitted infections as well.
(5) Differences in the roles and rights of men and women in developing
countries negatively impact women and girls thereby increasing their
vulnerability to sexually transmitted infections and HIV/AIDS. For example,
gender norms that restrict women's access to productive resources such as
education, land, income, and credit, create an unequal balance of power in
society that favors men and greatly compromises women's ability to protect
themselves against infection, cope with illness once infected, or care for
those who are infected. Successful programming takes into account gender
equality and the empowerment of women and girls through the use of special
measures.
(6) Two key factors that dramatically increase women's vulnerability to
sexually transmitted infections and HIV infection are their lack of economic
opportunities and options and the widespread incidence of violence against
women.
(7) Adolescent girls are among the most vulnerable to HIV infection, but
have relatively low access to information on sexually transmitted
infections. The causes of their vulnerability are social, economic, and
physiological. Widespread violence against adolescent girls, including in
schools, is also an important factor contributing to high rates of
infection. One of the most profound ways in which adolescent girls are put
in jeopardy of contracting HIV infection is through their increased risk to
be raped or through sexual coercion.-
(8) Culturally defined expectations about acceptable roles and behaviors
of men and women are important factors contributing to the spread of
HIV/AIDS. The notion that sexual domination over women is the defining
characteristic of male sexuality exposes women to the risk of physical and
sexual violence.
(9) Studies and field evaluations show that interventions that directly
address gender inequality--through communication and education strategies,
economic empowerment, changes in social norms, and efforts to enhance
women's ability to negotiate safe sex, among other things--are among the
most effective strategies in preventing transmission of sexually transmitted
infections and HIV among women and girls, and improving the health and
well-being of families overall. Yet most large-scale programs funded by
governments and donor agencies as yet largely ignore the gender dimensions
of the HIV epidemic, thereby limiting their own success.
(10)(A) Substantial evidence from a number of countries worldwide now
exists to show that female condoms are an effective tool for the prevention
of sexually transmitted infections and HIV, are acceptable to a large share
of those at risk of infection, and offer increased levels of protection when
introduced as part of a program that emphasizes education and negotiation
skills.
(B) Female condoms are the only female-initiated and approved method
available on the market today. Moreover, female condoms offer `dual
protection' from both unwanted pregnancy and infection simultaneously.
Access to the female condom is limited in most countries worldwide, however,
due to a lack of investment in the purchasing, distribution, and programs
needed to support introduction and sustained use, and bias in favor of the
male condom. The United States Government must take the lead on expanding
access to the female condom to save millions of lives today.
(11) Since the early 1990's, topical microbicides have attracted
scientific attention as a possible new technology for preventing sexually
transmitted diseases, including HIV. For individuals needing to use them
without partner knowledge or consent, safe, effective, acceptable, and
affordable topical microbicides could be formulated to be undetectable.
Investment in topical microbicides is critical for the future, while
sustained investments in female condoms are required for the present.
(b) ACTIONS RELATING TO HIV/AIDS PROTECTION FOR WOMEN AND GIRLS-
(1) ECONOMIC EMPOWERMENT OF WOMEN- The Administrator of the United
States Agency for International Development, acting through the Director of
the Office of HIV/AIDS and the Director of the Office on Women in
Development of the Agency for International Development, shall develop and
integrate into the HIV/AIDS prevention, care, and treatment programs of the
Agency for International Development specific initiatives to improve women's
economic status, including opportunities in both the formal and informal
economy, and improve access to credit, land, technical assistance, and
productive resources. A focus on addressing the economic needs and improving
economic opportunities and vocational and life skills of adolescent girls
shall be included in these efforts.
(2) CREATING GENDER-SENSITIVE STI AND HIV PREVENTION PROGRAMS- The
Administrator of the United States Agency for International Development,
acting through the Director of the Office of HIV/AIDS of the Agency for
International Development, shall ensure that all Agency-supported programs
account for and respond to the gender dimensions of vulnerability to
sexually transmitted infections and HIV in diverse contexts, ensuring that
such programs address gender constraints through communication and education
strategies aimed at changing social norms, informing women of their options,
and providing them with the tools required to negotiate and practice safe
sex, including access to vaginal microbicides.
(3) EXPANDING ACCESS TO AND USE OF MEANS OF PROTECTION- The
Administrator of the United States Agency for International Development,
acting through the Director of the Office of HIV/AIDS of the Agency for
International Development, shall ensure that all Agency-supported programs
evaluate their potential for developing gender-sensitive efforts to promote
expanded use of both female and male condoms, and shall expend not less than
$35,000,000 in 2003 and each succeeding year to procure and develop programs
for the introduction and sustained use of female condoms.
(4) INTEGRATING HIV/AIDS PREVENTION WITH OTHER REPRODUCTIVE HEALTH
PROGRAMS- The Administrator of the United States Agency for International
Development, acting through the Director of the Office of HIV/AIDS and the
Director of the Office on Population, Health, and Nutrition of the Agency
for International Development, shall test models of programs that integrate
prevention of sexually transmitted infections and HIV with other
reproductive health services to identify approaches that promote dual
protection from unintended pregnancy and infection. Particular attention
should be given to integrating HIV/AIDS prevention into family planning,
maternal and child health and primary care service programs, and to ensuring
that health sector reform initiatives do not undermine HIV/AIDS
programs.
(5) TRAINING OF USAID PERSONNEL- The Administrator of the United States
Agency for International Development shall ensure that program officers of
the Agency posted to countries with HIV/AIDS prevalence rates of one percent
or higher receive training on gender analysis related to country-specific
HIV/AIDS prevention, care, and treatment issues.
(6) DEVELOPMENT OF TOPICAL MICROBICIDES FOR PREVENTING TRANSMISSION OF
HIV AND OTHER SEXUALLY TRANSMITTED DISEASES-
(A) COORDINATION WITH OTHER INSTITUTES- The Administrator of the
United States Agency for International Development shall coordinate
activities to research and promote the use of microbicides for the
prevention of HIV and other sexually transmitted diseases with appropriate
institutes, including the National Institute of Health, to the extent such
institutes have responsibilities that are related to the development of
microbicides and their distribution in the developing world.
(B) PROGRAM FOR MICROBICIDE DEVELOPMENT- The Administrator of the
United States Agency for International Development shall establish a
program to support research to use microbicides to substantially reduce
transmission of HIV and other sexually transmitted diseases in developing
countries. Activities under such program shall provide for an expansion
and intensification of the conduct and support of--
(i) development of formulation and delivery approaches appropriate
for developing countries;
(ii) research on designs of microbicides targeted for use in
developing countries;
(iii) conduct of HIV incidence and microbicide feasibility studies
with
attention to the needs of developing countries; and
(iv) behavioral research on use, acceptability, and adherence to
microbicides in developing countries.
(C) GRANTS FOR MICROBICIDE RESEARCH- In order to contribute to the
rapid evaluation of safe and effective microbicides for the prevention of
HIV and other sexually transmitted diseases, the Administrator may, in
carrying out subparagraph (B) make grants to public and nonprofit private
entities for the purpose of providing technical assistance to, and
consultation with, a wide variety of domestic and international entities
involved in developing and evaluating topical microbicides, including
health agencies, extramural researchers, industry, health advocates, and
nonprofit organizations in the United States and in developing
countries.
(c) OTHER REQUIREMENTS- The Administrator of the United States Agency for
International Development shall appoint a senior level policy advisor for
infectious diseases who shall report directly to the Administrator and shall
be responsible for ensuring that the impact of infectious diseases are taken
into account in programs in all divisions of the Agency, including from a
gender perspective responding to the growth of the AIDS pandemic among women
and girls.
SEC. 405. PREVENTION AND TREATMENT OF TUBERCULOSIS.
(a) FINDINGS- Congress finds the following:
(1) Tuberculosis is one of the greatest infectious causes of death of
adults worldwide, killing nearly 2,000,000 people per year--one person every
15 seconds. Globally, tuberculosis is the leading infectious cause of death
of young women and the leading cause of death of people with HIV/AIDS.
(2) Tuberculosis is an immense economic drain on families and on nations
and is a significant cause of poverty. Most cases of tuberculosis and deaths
caused by tuberculosis occur among individuals in their most productive
years of life, ages 15 to 50, decimating a country's ability to compete
effectively in the global economy.
(3) There is a highly effective and inexpensive treatment for
tuberculosis. This strategy, known as Directly Observed Treatment, Short
Course (DOTS), includes low-cost effective diagnosis, treatment, monitoring,
and record keeping, as well as a reliable drug supply.
(4) Based on World Bank estimates, DOTS treatment is one of the most
cost-effective health interventions available--costing just $20-$100 to save
a life, and DOTS can produce cure rates of up to 95 percent even in the
poorest countries.
(b) AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961- Section 104(c)(7) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)(7)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) by inserting after subparagraph (A) the following:
`(B)(i) Of the amount appropriated pursuant to the authorization of
appropriations under subparagraph (C) for a fiscal year, a substantial
percentage of such amount is authorized to be used for (I) the diagnosis and
treatment of tuberculosis for very poor, at-risk and affected populations
utilizing Directly Observed Treatment, Short Course (DOTS), or other
internationally accepted primary tuberculosis control strategies developed in
consultation with the World Health Organization, and (II) the expansion of
such strategies so that every individual with tuberculosis has access to
treatment and to meet the goal of the cure of at least 85 percent of the cases
detected in those countries in which the agency has established development
programs by December 31, 2010.
`(ii) An appropriate percentage of the remaining amount appropriated
pursuant to the authorization of appropriations under subparagraph (C) for a
fiscal year is authorized to be made available for implementation of Directly
Observed Treatment, Short Course (DOTS-PLUS), or other internationally
accepted tuberculosis control strategies, to treat multi-drug resistant
tuberculosis, and for global tuberculosis coordination and surveillance
efforts. In addition, assistance provided using amounts is authorized to be
primarily used in those developing countries identified by the World Health
Organization as having a high incidence of tuberculosis, with special emphasis
given to the poorest regions of such countries.'.
SEC. 406. ADDRESSING FEMALE GENITAL MUTILATION.
(a) FINDINGS- Congress makes the following findings and declarations of
policy:
(1) Up to 180,000,000 women and girls around the world, 80 percent of
them in Africa, have undergone some form of genital mutilation.
Approximately 2,000,000 girls undergo female genital mutilation annually,
most often between the ages of 7 and 10 years, although there is a trend to
perform the procedure on much younger girls.
(2) Female genital mutilation performed against the will of a girl or
woman violates the basic human right to bodily integrity.
(3) The health risks of female genital mutilation are significant, and
include intense pain, hemorrhage, infection, infertility, increased risk of
maternal and child morbidity and mortality, and HIV infection. The long-term
risks are also substantial. A study in Sierra Leone discovered that 83
percent of women who have undergone female genital mutilation require
medical attention at some point in their lives for a condition resulting
from the procedure.
(4) Research and experience by national and international organizations
has proven that the cessation of the practice of female genital mutilation
must involve efforts that facilitate the empowerment of women overall and
directly address female genital mutilation, including economic development,
local and national level advocacy, health education, technical assistance to
nongovernmental organizations and health ministries, and political support
at all levels.
(b) ADDITIONAL PROVISION- Amounts made available to carry out programs to
address female genital mutilation should be targeted toward local
nongovernmental organizations that provide medical and psychosocial services,
develop culturally appropriate information, education, and communications
materials related to female genital mutilation, and create greater political
support at all levels to address female genital mutilation. Such amounts may
also be used to support research on the economic, psychosocial, and health
consequences of female genital mutilation and to evaluate intervention
programs.
(c) DEFINITION- In this section, the term `female genital mutilation'
means procedures that involve partial or total removal of the external female
genitalia or other injury to the female genital organs whether for cultural or
any other non-therapeutic reasons.
TITLE V--WOMEN, AGRICULTURE AND FOOD SECURITY
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) Women produce, process, and market more than 70 percent of the food
in most developing countries, yet their key roles as farmers and food
providers critical to household food security is only recently becoming
recognized.
(2) Because women dominate the agricultural sector in developing
countries, they can benefit from the rising demand for food worldwide.
However, women face enormous barriers that prevent them from realizing this
potential, including lack of land tenure rights, exclusion from
decision-making at all levels, neglect by agricultural extension services,
and limited access to inputs such as fertilizer, improved seeds, credit, and
markets.
(3) In spite of these constraints, recent evaluations of international
agribusiness projects have shown that women can significantly raise their
incomes through the production, processing, and marketing of traditional and
non-traditional agricultural products. One of the best ways to improve rural
women's status is to increase their access to the land, technology, inputs,
finances, and markets they need to become full participants in the global
market.
(4) The United States supplies more than half of food aid worldwide to
refugees and displaced persons. Yet we still see significant nutritional
deficiencies among these populations, particularly micronutrient and caloric
intake deficiencies.
SEC. 502. PROGRAMS TO ASSIST WOMEN FARMERS.
In carrying out programs that provide assistance, directly or indirectly,
to farmers in foreign countries, the Administrator of the United States Agency
for International Development, the Secretary of State, the Secretary of
Agriculture, and the heads of other appropriate Federal departments and
agencies shall establish and carry out projects to assist women farmers in
accessing global and domestic markets in order to increase their incomes. Such
projects shall meet the following requirements:
(1) Provide women with access to the resources they need to produce,
process, and market high-income crops and agricultural products, including
resources that provide rights to own and use land, credit, market
information, extension services, appropriate technology, and all productive
inputs (water, seeds, fertilizers, chemicals that are safe for human
exposure and environmentally sound, and labor).
(2) Ensure that agribusiness interventions do not diminish farm
families' food security, overall well-being, family incomes, or their
ownership and control over productive assets.
(3) Provide education and training to women farmers and food producers,
processors, and traders. Education programs shall include culturally
appropriate agricultural extension services (for example, women extension
agents), basic literacy and numeracy, and training in business skills.
(4) Enhance women's access to nutritious food both within the household
and for the household to purchase, and increase the household's knowledge of
nutrition and good feeding behaviors.
(5) Research and address the impacts of the HIV/AIDS epidemic on the
choice of crops and processing technologies suitable for women. Particular
attention must be paid to maintaining household food security in spite of
loss of family labor and other resources.
(6) Assist countries in establishing effective food-safety nets for the
poor in times of economic downturns or low food production (due to drought,
floods, or other catastrophes).
(7) Evaluate and increase the effectiveness of United States emergency
food aid programs for food security, nutrition and health, and explore the
potential for using monetized local currency receipts for creating
endowments from which food security related projects could be funded.
(8) Fortify staple foods contributed as part of United States food aid
programs with vitamins A, B, and C, zinc, folate, iron, as appropriate, and
fortify salt with iodine. Food aid should also provide high-nutrient seeds
in relief situations to enable displaced persons to grow high-nutrient
foods.
(9) Create food security profiles, including gender analysis, for
recipient countries to diagnose what types of investments should be made,
agricultural and non-agricultural, to achieve food security for the
poor.
(10) Increase women's skills in advocacy and in their ability to engage
in decision-making activities relevant to agriculture and food security at
all levels--state, province, national, and international.
SEC. 503. INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD).
(a) FINDING- Congress finds that the International Fund for Agricultural
Development (IFAD) has been a pioneer in reaching rural women and is an
effective means of channeling scare United States resources for international
agricultural programs.
(b) DECLARATION OF POLICY- Congress expresses its full support for
significant United States contributions to future replenishments of the
International Fund for Agricultural Development.
TITLE VI--HUMAN RIGHTS OF WOMEN AND GIRLS
SEC. 601. STRENGTHENING THE HUMAN RIGHTS OF WOMEN AND GIRLS.
(a) FINDINGS AND DECLARATIONS OF POLICY- Congress makes the following
findings and declarations of policy:
(1) The indivisibility of human rights is most relevant to women and
girls because violations of their rights occur in all areas, including the
home, community, workplace, and civic institutions.
(2) Supporting women's human rights in all spheres of women's lives,
including home, work, school, health, political participation, and other
related areas, is critical to sustainable development and the promotion of
equality and democracy around the world.
(3) Violations of women's human rights can be cloaked in law or exist in
practice, they can be direct or indirect and they can exist in the public
and private sectors. The eradication of gender discrimination remains a
challenge even within the international human rights system.
(4) Many legal or administrative codes contain barriers to women's
access to resources and property, to basic information about and access to
services (including health and education), to basic decisions concerning
their family status, to protection from violence, and to freedom of
association. Even where supportive legislation exists, these legal rights
may be weakly enforced or overridden by customary law.
(5) It is important that international human rights treaties that the
United States has ratified be applied to domestic and foreign policies and
programs.
(6) It is important to examine the implications of accelerated economic
globalization, structural adjustment, and trade liberalization on women's
rights and human rights, particularly as these trends affect women as
workers, farmers, entrepreneurs, family care givers, and heads of
household.
(7) Global institutions such as the World Bank, International Monetary
Fund, multinational corporations, the United Nations, and other institutions
increasingly affect the daily lives and human rights of women and girls,
both positively and negatively.
(b) RATIFICATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND
CULTURAL RIGHTS- Congress expresses its support for ratification of the
International Covenant on Economic, Social, and Cultural Rights and requests
the Committee on Foreign Relations of the Senate to hold hearings on the
Covenant, approve it, and submit the Covenant to the floor of the Senate for a
vote on advice and consent to ratification.
(c) RATIFICATION OF THE INTERNATIONAL CONVENTION ON THE RIGHTS OF THE
CHILD- Congress expresses its support for ratification of the International
Convention on the Rights of the Child and requests the Committee on Foreign
Relations of the Senate to hold hearings on the Covenant, approve it, and
submit the Covenant to the floor of the Senate for a vote on advice and
consent to ratification.
(d) INTERNATIONAL CONVENTION OF THE PROTECTION OF THE RIGHTS OF ALL
MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES- Congress expresses its support
for the United States to sign and ratify the International Convention on the
Protection of the Rights of All Migrant Workers and Members of their Families
and requests the Committee on Foreign Relations of the Senate to hold hearings
on the Convention.
(e) OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLTICAL
RIGHTS- Congress expresses its support for the United States to sign and
ratify the Optional Protocol to the International Covenant of Civil and
Political Rights and requests the Committee on Foreign Relations of the Senate
to hold hearings on the Protocol.
(f) UNITED STATES INTERNATIONAL PROGRAMS TO PROMOTE DEMOCRACY AND HUMAN
RIGHTS- United States international programs to promote democracy and human
rights shall include the following:
(1) Financial support and technical assistance for legal aid
organizations that take on cases of the violations of human rights of women
and girls, in particular cases of violence against women, denial of women's
access to social services, and violations of women employment rights.
(2) Support to civil society organizations that are promoting human
rights education for women and men.
(3) Support for capacity-building of young women leaders in the field of
human rights law.
(4) Technical assistance to all bureaus and embassies to ensure their
compliance with international human rights treaties that the United States
has signed and ratified.
(g) AUDIT OF MULTILATERAL DEVELOPMENT BANKS- The Secretary of the
Treasury, in conjunction with the United States Executive Directors to each
multilateral development bank (as defined in section 201(g)), shall conduct an
audit of each such bank to ensure that the bank is compliant with
internationally recognized and universal human rights, as defined in the
Universal Declaration of Human Rights.
(h) ASSISTANCE TO ELIMINATE DISCRIMINATION AGAINST WOMEN-
(1) ASSISTANCE- The Administrator of the United States Agency for
International Development shall establish and carry out programs to assist
governments of developing countries to eliminate de jure discrimination
against women.
(2) ADDITIONAL REQUIREMENTS- Assistance provided under subsection (a)
shall include the following:
(A) Provide judges and other judicial officials in developing
countries with ongoing training in women's human rights, particularly as
such rights relate to domestic violence.
(B) Provide technical and other assistance to officials in ministries
of justice of developing countries to enable such officials to better
collect and analyze sex-disaggregated data on rates of reporting,
prosecution, conviction, and sentencing of domestic and sexual violence
cases.
(3) Improve training for law enforcement personnel in developing
countries to improve their response to and collection of evidence for
domestic and sexual violence cases.
SEC. 602. PREVENTION OF TRAFFICKING IN WOMEN AND CHILDREN.
(a) FINDINGS- Congress finds the following:
(1) Trafficking in persons is increasing exponentially worldwide. The
United Nations estimates that 4,000,000 individuals become victims of
trafficking each year. The United States Government estimates that 50,000
women and girls are trafficked into the United States annually.
(2) Trafficking is a labor and human rights violation that involves
physical and psychological coercion, deception, forced labor, and servitude
or slavery. Traffickers force people to labor and serve in a growing number
of arenas, including factories, construction sites, farms, brothels, homes,
and streets.
(3) Potential and actual victims of trafficking need targeted assistance
to provide them with skills and opportunities at home. Trafficked
individuals need shelter, health care, psychological counseling, training,
and living assistance after they escape from their traffickers. Those
individuals who are in danger from retaliation by organized criminal gangs
require special protection.
(4) Women are more likely than men to be trafficked. Women are
disproportionately affected by economic changes brought on by structural
adjustment policies, privatization, trade liberalization, and economic
globalization, such as the movement away from agriculture toward a
wage-based economy and consumer society.
(b) PROGRAMS IN FOREIGN COUNTRIES OF ORIGIN OR DESTINATION-
(1) IN GENERAL- The President, acting through the heads of appropriate
Federal departments and agencies (such as the Department of State, the
Immigration and Naturalization Service, the Department of Health and Human
Services, and the United States Agency for International Development), shall
establish and carry out programs in foreign countries to prevent the
trafficking of women and children, prosecute traffickers, and meet the needs
of victims of trafficking.
(2) ADDITIONAL REQUIREMENTS- Programs established and carried out under
paragraph (1) shall include the following:
(A) PREVENTION- (i) Support for local in-country nongovernmental
organizations to conduct public education and advocacy programs for all
relevant sectors and levels of society with the purpose of preventing
trafficking.
(ii) Creation of education materials and networks to reach out to the
ethnic communities of those individuals most likely to be trafficked,
particularly in the informal sectors where undocumented migrants and
trafficked individuals are more likely to be found.
(iii) Education, training, and business development services for women
and girls who are in vulnerable populations to assist them in becoming
economically self-sufficient. These programs should emphasize
non-traditional and economically viable activities and include training on
the rights of women, labor, and migrants.
(B) TREATMENT AND SOCIAL SERVICES FOR VICTIMS- (i) Support for
nongovernmental organization-operated hotlines, culturally and
linguistically appropriate protective shelters, and regional and
international nongovernmental organization networks and databases on
trafficking. Support should also assist nongovernmental organizations in
creating service centers and systems that are mobile and extend beyond
large cities.
(ii) Support for nongovernmental organizations and advocates to
provide legal, social, and other services and assistance to trafficked
individuals, particularly those individuals in detention.
(iii) Education and training for trafficked women and girls upon their
return home as described in clause (iv).
(iv) The safe reintegration of trafficked individuals into an
appropriate community or family, with full respect for the wishes,
dignity, and safety of the trafficked individual. Programs should seek to
integrate victim protection and safe reintegration.
(v) Support for increasing or developing programs to assist families
of victims in locating, repatriating, and treating their trafficked family
members.
(C) LAW ENFORCEMENT- High-quality training programs emphasizing a
human rights-based approach for law enforcement personnel, prosecutors,
immigration agents and officers, housing and health inspectors, and other
government officials who may come into contact with a situation of
trafficking or trafficked individuals in countries of origin or
destination.
(D) LEGAL REFORMS- (i) Analysis of existing national legal frameworks
and advocacy to develop protective national laws and policies that are
consistent with, and improve upon, the United Nations Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, Especially Women and Children
(supplementing the United Nations Convention Against Transnational
Organized Crime).
(ii) Support for advocates working to ensure the appropriate and
timely implementation
of new anti-trafficking or related legislation at the national, state, and
local levels.
(iii) Support for countries to develop an effective system for witness
defense and protection, including the establishment of immigration laws to
allow temporary residence to victims.
(E) CAPACITY BUILDING FOR NONGOVERNMENTAL ORGANIZATIONS- (i)
Assistance to build the capacities of local nongovernmental organizations,
such as local unions, women's organizations, direct service organizations,
and civic associations to effectively deliver programs in subparagraphs
(A) through (D).
(ii) Assistance for nongovernmental organizations to disseminate,
share, and train other nongovernmental organizations in successful
techniques to prevent trafficking, prosecute traffickers, and meet the
multiple needs of victims.
SEC. 603. ACCESS FOR AFGHAN WOMEN ACT OF 2002.
(a) SHORT TITLE- This section may be cited as the `Access for Afghan Women
Act of 2002'.
(b) FINDINGS- Congress finds the following:
(1) Before 1996, women in Afghanistan could exercise their basic human
rights and 70 percent of teachers, nurses, doctors, and small business
owners in Afghanistan were women.
(2) More than 90 percent of Afghan men and women believe that women
should have access to education and work, freedom of expression, legal
protection, and participation in government. Respondents also support the
inclusion of women's human rights issues in any peace negotiations with
respect to Afghanistan.
(3) Women make up more than 75 percent of the refugees in camps, urban
areas, and villages in Afghanistan. On the Afghanistan border with Pakistan
many organizations, including women's organizations, are delivering critical
services to refugees and such women's organizations have the knowledge and
experience to assist the United States in delivering effective relief aid to
women.
(4) The active participation of women in the government, economy, and
society of Afghanistan is necessary to ensure lasting peace in the
region.
(5) During major conflicts in the region, women have maintained local
economies and have led the effort in rebuilding economies after conflicts.
Effective development and reconstruction assistance, including microcredit
assistance, takes into account women's roles as economic leaders.
(c) REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN CENTRAL ASIAN
COUNTRIES-
(1) IN GENERAL- Notwithstanding any other provision of law, activities
described in paragraphs (2) through (5) that are carried out by the United
States in Afghanistan and other countries of Central Asia shall comply with
the applicable requirements contained in such paragraphs.
(2) PEACE NEGOTIATIONS TO ESTABLISH GOVERNMENT OF AFGHANISTAN- With
respect to processes to establish a government of Afghanistan, the
applicable requirements are the following:
(A) Consult with and include representatives of women's organizations
and networks from the major ethnic groups in Afghanistan during peace
negotiations and post-conflict decisionmaking.
(B) Include the perspectives and advice of organizations with
expertise in human rights and women's development in decisionmaking
processes relating to peace and the governance of Afghanistan.
(C) Support the efforts of Afghan women and Afghan women's
organizations to ensure that the full range of human rights of women, as
described in the International Convention on Civil and Political Rights
and the Universal Declaration of Human Rights, are included in any
constitution or legal structure of a government in Afghanistan by
including a significant number of women in the drafting of the
constitution.
(3) POST-CONFLICT RECONSTRUCTION AND DEVELOPMENT- With respect to
activities relating to post-conflict stability in Afghanistan and other
countries of Central Asia, the applicable requirements are the
following:
(A) Provide financial and programmatic assistance for the efforts of
Afghan women's organizations that represent the various ethnic
groups.
(B) Promote multi-year women-centered economic development programs,
including programs to assist widows and female heads of
household.
(C) Increase women's access to and ownership of productive assets such
as land, agricultural inputs, and microfinance, and property.
(D) Provide financial assistance for primary, secondary, and higher
education for all individuals in Afghanistan.
(E) Provide financial assistance to build health infrastructure and to
deliver women-centered health programs, particularly comprehensive and
high quality reproductive health and family planning services.
(F) Integrate education and training programs for former combatants
with economic development programs to encourage their reintegration into
society and to promote post-conflict stability.
(G) Support educational efforts to increase awareness with respect to
landmines, facilitate the removal of landmines, and provide services to
individuals with disabilities caused by landmines.
(H) Provide assistance to rehabilitate children affected by the
conflict, particularly child soldiers.
(4) RELIEF, RESETTLEMENT, AND REPATRIATION OF REFUGEES- With respect to
the relief, resettlement, and repatriation of refugees in Afghanistan and
other countries of Central Asia, the applicable requirements are the
following:
(A)(i) Take all necessary steps to protect women refugees in camps,
urban areas, and villages fleeing from the conflict situation in
Afghanistan from violence.
(ii) Take all necessary steps to ensure that women refugees in camps,
urban areas, and villages fleeing from the conflict situation in
Afghanistan are directly receiving food aid, shelter, relief supplies, and
other services from United States-sponsored programs.
(iii) Take all necessary steps to ensure that women refugees in camps,
urban areas, and villages are accessing high quality health and medical
services, particularly reproductive, maternal, and child health
services.
(B) Take all necessary steps to ensure that refugees that choose to
return voluntarily to their place of origin can do so in safety, dignity,
and with protection of their rights. United States-sponsored efforts shall
not coerce or encourage refugees to return to their places of
origin.
(5) PEACEKEEPING OPERATIONS- With respect to peacekeeping operations in
Afghanistan and other countries of Central Asia, the applicable requirements
are the following:
(A) In preparation for deployment of peacekeeping missions, provide
training, guidelines, and materials to military, police, and civilian
personnel on the protection, rights, and the particular needs of women, as
well as on the importance of involving women in all peacekeeping and peace
building measures.
(B) Encourage individuals and organizations that will provide training
to consult with women's organizations within and outside of Afghanistan
and other countries of Central Asia to develop appropriate training
content and materials.
(6) DEFINITION- In this subsection, the term `other countries of Central
Asia' means Pakistan, Tajikistan, Turkmenistan, Kazakhstan, and
Uzbekistan.
(d) REPORT- Not later than 60 days after the date of the enactment of this
Act, the President shall prepare and transmit to Congress a report that
contains documentation (including documentation using data disaggregated by
gender) of the progress in implementing the requirements of subsection (c).
SEC. 604. RATIFICATION OF CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN.
(a) FINDINGS- Congress finds the following:
(1) The Senate has already agreed to the ratification of several
important human rights treaties, including the Genocide Convention, the
Convention Against Torture, the International Covenant on Civil and
Political Rights, and the Convention on the Elimination of all Forms of
Racial Discrimination Against Women (CEDAW).
(2) CEDAW establishes a worldwide commitment to combat discrimination
against women and girls.
(3) 165 countries of the world have ratified or acceded to CEDAW and the
United States is among a small minority of countries, including Afghanistan,
North Korea, Iran, and Sudan, which have not.
(4) The Administration has proposed a small number of reservations,
understandings, and declarations to ensure that United States ratification
fully complies with all constitutional requirements, including the rights of
States and individuals.
(5) The legislatures of California, Iowa, Massachusetts, New Hampshire,
New York, North Carolina, South Dakota, and Vermont have endorsed United
States ratification of CEDAW.
(6) More than 100 United States-based, civic, legal, religious,
education, and environmental organizations, including many major national
membership organizations, support ratification of CEDAW.
(7) Ratification of CEDAW would allow the United States to nominate a
representative to the CEDAW oversight committee.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the Committee on Foreign Relations of the Senate should hold
hearings on the Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW); and
(2) the Senate should, therefore, give its advice and consent to the
ratification of the Convention on the Elimination of all Forms of
Discrimination Against Women.
TITLE VII--VIOLENCE AGAINST WOMEN
SEC. 701. FINDINGS.
Congress finds the following:
(1) Around the world, at least 1 woman in every 3 has been beaten,
coerced into sex, or otherwise abused in her lifetime.
(2) Violence against women is a human rights violation that takes many
forms--physical, sexual, and psychological--and cuts across most countries,
social groups, and socio-economic classes. Violence against women can occur
in every setting--in homes, streets, schools, and places of work.
(3) Violence is a multidimensional issue that stems from women's
subordinate status in society, women's economic dependence on men, and
women's overall lack of power. All societies have beliefs, norms, and social
institutions that legitimize and perpetuate violence against women.
(4) Women are particularly vulnerable to violence during times of
political upheaval and economic instability. Although rape as a weapon of
war has been internationally condemned, armies continue to use it in
conflicts around the globe. For example, in 1992, as many as 20,000 women
were raped in the first few months of the war in Bosnia-Herzegovina
(5) Violence prohibits many women from participating in the economy,
being active in civic life, accessing educational opportunities, and
obtaining health care. One out of every 5 healthy years of life are lost to
women ages 15 to 44 as a result of violence. This loss of productivity
impairs women's economic development and overall national economic
growth.
SEC. 702. UNITED STATES INTERNATIONAL PROGRAMS TO PREVENT VIOLENCE AGAINST
WOMEN AND GIRLS.
United States international programs administered by the United States
Agency for International Development, the Department of State, and other
appropriate Federal departments and agencies shall incorporate the
following:
(1) Support for programs that advocate for protective legislation,
judicial accountability and enforcement of existing laws relating to the
prevention of violence against women and girls.
(2) Strengthening of sites of first response, particularly
community-based responses and infrastructure.
(3) Encouragement for the integration of violence interventions into all
sectors of United States international development assistance.
(4) Investment in a variety of prevention programs, including research
on the causes of violence, and education of the public, law enforcement and
judicial officials, and journalists and the media. Public education programs
should aim to change the attitudes, beliefs, and norms that encourage men to
be violent.
(5) Strengthening of women's economic opportunities in order to improve
their options and negotiating power outside of and within the home.
(6) Encouragement for communities to design all responses (for example,
health, police, judicial, and social services) to respect the autonomy and
meet the needs of survivors.
(7) Design of monitoring, evaluation, and measurement of results based
on local needs and contexts. Measurement of results should account for the
long length of time violence interventions aimed at profound behavioral and
societal changes take.
(8) Support for research on and dissemination of best practices for
violence prevention and treatment programs.
SEC. 703. REPORT.
As part of the congressional presentation documents for fiscal year 2003,
the Administrator of the United States Agency for International Development
shall report on the Agency's programs to eradicate violence against women for
those countries in which the 2000 State Department Country Report on Human
Rights practices indicates a significant problem of domestic violence, rape,
trafficking, sexual harassment, and other forms of violence against women.
TITLE VIII--WOMEN, CONFLICTS, AND PEACE BUILDING
SEC. 801. FINDINGS.
Congress makes the following findings and declarations of policy:
(1) Civilians, particularly women and children, account for the vast
majority of those adversely affected by armed conflict in ethnic, religious,
and identity wars. In some cases of ethno-political conflict, more than half
of women have been targeted for rape as a weapon of war. Little is done to
protect the safety and rights of women in conflict situations or to
prosecute perpetrators.
(2) Today, as many as 300,000 children under the age of 18 serve in
government forces or armed rebel groups. Some are as young as 8 years old.
Both girls and boys are used as child soldiers. In case studies in El
Salvador, Ethiopia, and Uganda, almost a third of the child soldiers were
reported to be girls. Girls may be raped, or in some cases, given to
military commanders as `wives'.
(3) War and violence have uprooted and displaced 35,000,000 people
worldwide from their homes, 80 percent of these refugees are women and
children. They have little access to basic food, medical care, hygiene, and
shelter.
(4) Women are not just victims, they are taking the initiative to reach
across the conflict divide and foster peace. In Mali and Liberia women
joined together to collect arms. In Northern Ireland, Catholic and
Protestant women created joint community development projects.
(5) Despite women's positive roles in fostering peace, they are excluded
from most peace negotiations. Women's perspectives and experiences in
seeking solutions to conflicts are necessary to ensure lasting peace.
(6) Violence and conflict are major impediments to participating in and
benefiting from the global economy. Even during major conflicts, it is women
that keep local economies running and work to rebuild economies after
conflicts. Therefore, economic aid that is linked to peace processes should
target and take into account women's roles as economic leaders and assist
women in accessing the global marketplace.
SEC. 802. UNITED STATES INTERNATIONAL PROGRAMS.
United States international programs administered by the United States
Agency for International Development, the Department of State, the Department
of Defense, and other appropriate Federal departments and agencies shall
incorporate activities in the following areas:
(1) CONFLICT PREVENTION AND POST-CONFLICT STABILITY- (A) Support for
women's efforts in conflict-resolution before, during, and after
conflicts.
(B) Promotion of multi-year gender-balanced economic development
programs, particularly programs to assist female heads of household.
(C) Increased women's access to and ownership of productive assets such
as land, agricultural equipment, and credit.
(D) Integration of education and training programs for former combatants
with economic development programs to encourage their reintegration into
society and to promote post-conflict stability.
(E) Extension of education and training, including in business
development, to women.
(2) IMPROVING PEACE KEEPING OPERATIONS- (A) In preparation for
deployment, provide training, guidelines, and materials to military, police,
and civilian personnel on the protection, rights, and the particular needs
of women, as well as on the importance of involving women in all
peacekeeping and peace building measures. The Secretary of Defense shall
encourage trainers to consult with women's organizations and leaders to
develop appropriate training content and materials.
(B) Integration of a gender perspective in peace building by each United
States representative to the United Nations, including encouraging close and
meaningful collaboration between United Nations Peacekeeping Operations and
women leaders working to end conflict. In addition, encouragement of the
United Nations to create a Gender Unit at the Department of Peacekeeping
Operations (DPKO) headquarters to provide technical assistance in this
area.
(3) PEACE NEGOTIATIONS AND DECISION-MAKING- (A) With respect to peace
negotiations, the consultation with women leaders with experience in
conflict prevention, mediation, and traditional peacemaking processes in
peace negotiations and post-conflict decision-making.
(B) Include women's perspectives in United States decision-making
processes relating to peace and international security by conducting an
audit on the implementation of existing United States commitments on
addressing women's needs and concerns in conflict and post-conflict
situations.
(4) REFUGEE RESETTLEMENT AND REPATRIATION- (A) Provide protection and
assistance to refugee women and internally displaced women in or fleeing
from conflict situations.
(B) Ensure that high quality services are provided to refugee women to
meet their overall health needs, particularly in the area of reproductive
health.
(C) Take all necessary steps to ensure that refugee and displaced women
are able to return voluntarily to their place of origin in safety and with
dignity, and to uphold their right to protection after their return.
(D) Provide assistance to rehabilitate children affected by conflict,
particularly child soldiers.
SEC. 803. RATIFICATION OF THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE
RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT.
Congress expresses its support for the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in Armed Conflict
and urges the Committee on Foreign Relations of the Senate to hold hearings on
the Protocol, approve the Protocol, and bring the Protocol to the floor of the
full Senate for a vote on advice and consent to ratification.
TITLE IX--WOMEN'S LEADERSHIP AND PARTICIPATION
SEC. 901. FINDINGS.
Congress makes the following findings and declarations of policy:
(1) Women's equal participation in political and civic life plays a
pivotal role in the general process of the advancement of women. Women's
equal participation in decision-making is not only a demand for simple
justice or democracy, but is also a necessary condition for women's
interests to be taken into account.
(2) From 1945 to 1995, the percentage of women in parliaments increased
four-fold; however, women's representation in national legislatures is low
at 12.7 percent worldwide. Women representation at the local level is also
suppressed, with less than 5 percent in Africa and 7.5 percent in Latin
America.
(3) In order to increase women's leadership and participation,
interventions must address both the skills and characteristics of women as
well as the overall context that promotes or limits women's
participation.
SEC. 902. UNITED STATES INTERNATIONAL PROGRAMS TO INCREASE WOMEN'S
LEADERSHIP AND PARTICIPATION.
(a) IN GENERAL- United States international programs administered by the
United States Agency for International Development, the Department of State,
and other appropriate Federal departments and agencies shall incorporate the
following activities:
(1) Building women's capacity to be effective leaders and participants
in civic life by--
(A) providing training to women and women's organizations in the areas
of legal systems, electoral processes, legislation, advocacy, media and
public affairs, information technology, and leadership; and
(B) assisting women leaders once they are in office to enhance their
abilities to govern effectively, for example by building strong
relationships with women's associations and developing connections to
other elected officials.
(2) Creating a supportive environment for women's leadership and
participation by--
(A) sensitizing men and male leaders to support women's leadership and
participation in public life;
(B) developing and implementing gender-sensitive programs to give
girls, boys, and young adults skills in civic participation and
leadership; and
(C) reforming structures to integrate women leaders, for example by
encouraging countries to utilize affirmative action programs to increase
the number of women in the politics and decision-making.
(b) ADDITIONAL REQUIREMENTS- The Administrator of the United States Agency
for International Development shall work with the Office of Women in
Development and the Bureau for Democracy and Governance in addressing women's
needs and incorporating women's views in all programs relating to democracy
and governance.
SEC. 903. UNITED STATES INTERNATIONAL FUND FOR WOMEN'S LEADERSHIP.
The President is authorized to establish a United States International
Fund for Women's Leadership to provide grants to women's organizations in
developing countries and to United States women's organizations for the
purpose of promoting women's leadership in such countries.
SEC. 904. INTERNATIONAL MUSEUM OF WOMEN.
Congress makes the following findings and declarations of policy:
(1) Of the thousands of museums in the United States, there is no museum
that chronicles the vast contributions women from around the world have made
and continue to make to the development of humanity.
(2) Women have been virtually invisible in mainstream textbooks and
historical presentations. This `traditional' telling of history perpetuates
the inequalities that exist between women and men.
(3) Women have played critical roles in shaping economies and politics,
art and culture, home and family, yet there exists no place where young
women and men can go to learn about global women's history.
(4) An International Museum of Women will celebrate and examine the role
women have played in shaping our world through the centuries. Through the
critical exploration of women's history, contemporary issues and visions of
the future, the museum will be a catalyst for continued social change.
TITLE X--WOMEN AND THE ENVIRONMENT
SEC. 1001. FINDINGS.
Congress makes the following findings and declarations of policy:
(1) Environmental degradation constitutes a serious threat to the
livelihood of the poor in developing countries, especially women. It is
women who are most intensively engaged in household subsistence activities
that depend closely on the quality and availability of natural
resources.
(2) Women are more susceptible to health problems related to changes in
the environment due to the sensitivity of their reproductive systems to
toxins or pollutants. There is also strong evidence of the irrevocable
damage caused by chemical exposures during various stages of the life cycle,
particularly to the fetus and growing child.
(3) Increased trade liberalization, industrialization, manufacturing,
consumption, agricultural development, and population dynamics in both
developed and developing countries have altered ecosystems and environmental
quality in low-income countries.
(4) The privatization and commodification of natural resources such as
energy, water, and medicinal plants impacts women more deeply and severely
due to their roles as providers of basic household needs.
SEC. 1002. UNITED STATES INTERNATIONAL ENVIRONMENTAL PROGRAMS.
United States international environmental programs administered by the
United States Agency for International Development, the Department of State,
the United States Environmental Protection Agency, the Department of the
Interior, United States Forest Service, the National Park Service, the United
States Fish and Wildlife Service, the Department of Commerce, and other
appropriate Federal departments and agencies shall incorporate the following
activities:
(1) Increase resources to research the health impacts of hazardous
materials on women, children, and men, particularly those chemicals
prevalent in developing countries.
(2) Foster the creation of information systems, such as `community right
to know' principles, for local communities in developing countries to become
aware of environmental and health threats.
(3) Encourage the development of environmental regulations and agencies
in developing countries. Promote the use of the `precautionary principle' in
which measures are put into place to protect women, men, and children from
toxic substances until such substances are proven safe for these
populations.
(4) Provide low-income women with access to environmentally and
economically sound technologies, such as wind generators and solar-powered
cookers, that support healthy ecosystems, promote the sustainable use of
natural resources, and enhance the well-being of women and their
families.
(5) Provide financial support and technical assistance to developing
country energy and natural resource ministries to assess the energy needs of
households living in poverty and recommend actions to be taken to meet these
energy needs both sustainably and affordably for the poor. These assessments
shall account for the differing energy needs of men and women when
estimating overall household energy needs.
(6) In countries that have privatized or are in the process of
privatizing basic commodities, such as energy and water, ensure that poor
households have access to services at affordable rates.
(7) Increase women's skills in engaging decision-making bodies relevant
to the environment, conservation, biodiversity, energy and natural resource
management, such as bodies at the state level (including state agencies) and
international systems and institutions.
(8) Support existing programs and encourage the establishment of new
programs in developing countries to limit exposures to toxic substances in
places of work to levels accepted by the United States Environmental
Protection Agency.
SEC. 1003. NEGOTIATIONS OF ENVIRONMENTAL TREATIES AND PROTOCOLS.
The Secretary of State shall take into account women's roles in natural
resource management as well as the health impacts of environmental toxins on
women's health when negotiating international environmental treaties and
protocols.
SEC. 1004. RATIFICATION OF THE UNITED NATIONS CONVENTION ON PERSISTENT
ORGANIC POLLUTANTS.
Congress recognizes the impact that persistent organic pollutants have on
women and children, expresses its support for the Convention on Persistent
Organic Pollutants, and urges the Committee on Foreign Relations of the Senate
to hold hearings on the Convention, approve the Convention, and bring the
Convention to the floor of the full Senate for a vote on advice and consent to
ratification.
SEC. 1005. GLOBAL ENVIRONMENT FACILITY.
The Secretary of State shall instruct the United States representatives to
the Global Environment Facility Council and Assembly to urge the Facility to
integrate women's special needs and an analysis of gender roles into its
programming in developing and transitional countries.
TITLE XI--AUTHORIZATION OF APPROPRIATIONS
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the activities
contained in this Act an aggregate increase of $1,000,000,000 from
appropriations for fiscal year 2002, as mandated in Public Law 107-115, for
the following accounts: `Development Assistance', `Migration and Refugee
Assistance', `Emergency Refugee and Migration Assistance', `International
Disaster Assistance', `Office of Transition Initiatives of the United States
Agency for International Development', and `International Organizations and
Programs'. Programs in these accounts shall promote women's development as
required by the relevant provisions contained in this Act.
END