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

March 11, 2003

Mrs. MALONEY (for herself, Mr. CROWLEY, and Ms. LEE) introduced the following bill; which was referred to the Committee on International Relations

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The Global consensus about the need to develop policies that contribute to global population stabilization and the improved status of women is due in large part to the efforts of the United Nations and its specialized agencies and organizations, particularly the United Nations Population Fund (UNFPA).

(2) Operating in over 142 nations in all regions of the world and as a politically neutral source of funds, UNFPA complements the important work of the United States Agency for International Development population assistance program.

(3) Over 1/2 of UNFPA's assistance is devoted to providing voluntary family planning and maternal and child health services and it is a major provider of modern methods of contraception to women in the poorest countries in the world. Unwanted pregnancy remains one of the greatest risks to women's health throughout the developing world. More than half a million women die every year from pregnancy related causes, and women who are too young, too old, have too many children or have them too close together are at greatest risk for pregnancy related injury or illness.

(4) UNFPA also supports efforts aimed at preventing the spread of HIV/AIDS and other sexually transmitted diseases.

(5) UNFPA is working to eradicate obstetric fistula, a devastating maternal injury that is fully preventable by having a trained medical attendant present during labor and childbirth. Virtually non-existent within the developed world, it remains a dire threat in poor countries.

(6) UNFPA is a global leader to eliminate the horrific practice of female genital mutilation that threatens nearly 2 million young girls every year in more than 20 countries in Africa. More than 120,000,000 women alive have already undergone this cruel practice that can result in constant pain, problems with pregnancy and childbirth, infertility and a greater risk of infection with a sexually transmitted disease. By working with local organizations to bring about cultural and legal reform, communities are beginning to end this threat to women's health.

(7) UNFPA, by allowing women and couples to choose whether and when to have children, has helped to reduce the incidence of abortion around the world. UNFPA does not fund abortion services: it seeks to reduce the incidence of abortion and to provide treatment to women suffering from complications of unsafe abortions.

(8) Many global environmental problems, including water shortages, pollution, tropical deforestation and the loss of wildlife habitat are linked to rapid population growth. UNFPA has assisted countries around the world plan for and slow population growth, thereby reducing its effects on the environment.

(9) All UNFPA programs conform to the principle, affirmed at the 1994 International Conference on Population and Development by 180 nations, including the United States, and re-affirmed in 1999, that `all couples and individuals have the basic right to decide freely and responsibly the number and spacing of their children and to have the information, education, and means to do so.'.

(10) UNFPA opposes coercion in any form and all its programs are designed in conformity with universally recognized human rights. When UNFPA hears of coercive tactics in any country, it acts to immediately investigate and eliminate such practices.

(11) Opponents of family planning programs have long accused UNFPA of complicity in the coercive practices of the Chinese government's family planning program. Such allegations have consistently been proven false. Over the past two years, three

monitoring teams have visited China to investigate UNFPA's program. All three, an international team headed by a former Dutch Ambassador to NATO, a group of members of the British parliament, and a United States group appointed by President Bush, reported that UNFPA had no role in coercion and was, in fact, working to eliminate coercive practices.

(12) The United States team reported back on May 29, 2002 and wrote a letter to Secretary of State Colin Powell stating the following:

(A) `First Finding: We find no evidence that UNFPA has knowingly supported or participated in the management of a program of coercive abortion or involuntary sterilization in the PRC.'.

(B) `First Recommendation: We therefore recommend that not more than $34,000,000 which has already been appropriated be released to UNFPA.'.

(13) Despite the recommendation of its own delegation, the Administration invoked a deeply flawed interpretation of Federal law to eliminate funding for UNFPA.

(14) The loss of the United States contribution of $34,000,000, representing fully 13 percent of UNFPA's budget, has already undermined the delivery of necessary services to women throughout the developing world. It is estimated that the loss of this funding could result in 2,000,000 additional unwanted pregnancies, 4,700 maternal deaths, 60,000 cases of serious maternal injury and illness, 77,000 infant deaths and 800,000 abortions.

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

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

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

(a) LIMITATION- Notwithstanding any other provision of law, of the funds appropriated for voluntary contributions to the United Nations Population Fund for each of the fiscal years 2004 and 2005, an amount equal to the amount allocated by the United Nations Population Fund for the country program in the People's Republic of China during each fiscal year shall be withheld from obligation and expenditure if during such fiscal year, the Secretary of State submits to the appropriate congressional committees the certification described in subsection (b).

(b) CERTIFICATION- The Secretary of State shall submit a certification under subsection (a) if the Secretary determines that the country program of the United Nations Population Fund in the People's Republic of China does not meet the following criteria--

(1) focuses on improving the delivery of voluntary family planning information and services;

(2) is designed in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States;

(3) is implemented only in counties of the People's Republic of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated;

(4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the United States representative;

(5) is subject to regular independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and

(6) suspends operations in project counties found to be in violation of program guidelines.

END