[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3651 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3651

           To reduce child marriage, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2006

 Mr. Durbin (for himself, Mr. Hagel, and Mrs. Clinton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
           To reduce child marriage, 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.

    This Act may be cited as the ``International Child Marriage 
Prevention and Assistance Act of 2006''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Research shows that child marriage in developing 
        nations is often associated with adverse economic and social 
        consequences and is dangerous to the health, security, and 
        well-being of girls and detrimental to the economic development 
        of communities.
            (2) The issue of child marriage is interwoven with broader 
        social and cultural issues and is most effectively addressed as 
        a development challenge through integrated, community-based 
        approaches to promote and support girls' education and skill-
        building and healthcare, legal rights, and awareness for girls 
        and women.
            (3) As Charlotte Ponticelli, Senior Coordinator for 
        International Women's Issues for the Department of State, 
        stated on September 14, 2005: ``It is unconscionable that in 
        the 21st century girls as young as 7 or 8 can be sold as 
        brides. There is no denying that extreme poverty is the driving 
        factor that has enabled the practice to continue, even in 
        countries where it has been outlawed...We need to be shining 
        the spotlight on early marriage and its underlying causes...We 
        must continue to do everything we can to ensure that girls have 
        every opportunity to become agents of change and to expand the 
        `realm of what is possible' for their societies and the world 
        at large.''
            (4) The severity of the adverse impact of child marriage 
        increases as the age at marriage and first childbirth 
        decreases.
            (5) A Department of State survey in 2005 found that child 
        marriage was a concern in 64 out of 182 countries surveyed and 
        that the practice is especially acute in sub-Saharan Africa and 
        South Asia.
            (6) According to the United Nations Children's Fund, in 
        Ethiopia and in parts of West Africa marriage at the age of 7 
        or 8 is not uncommon.
            (7) In developing countries, girls aged 10 to 14 who become 
        pregnant are 5 times more likely to die in pregnancy or 
        childbirth than women aged 20 to 24.
            (8) Girls in sub-Saharan Africa are at much higher risk of 
        suffering obstetric fistula.
            (9) According to the Department of State: ``Pregnancy at an 
        early age often leads to obstetric fistulae and permanent 
        incontinence. In Ethiopia, treatment is available at only 1 
        hospital in Addis Ababa that performs over 1,000 fistula 
        operations a year. It estimates that for every successful 
        operation performed, 10 other young women need the treatment. 
        The maternal mortality rate is extremely high due, in part, to 
        food taboos for pregnant women, poverty, early marriage, and 
        birth complications related to FGM [Female Genital Mutilation], 
        especially infibulation.''.
            (10) Adolescents are at greater risk of complications 
        during childbirth that can lead to fistula because they have 
        less access to health care and are subject to other significant 
        risk factors related to the mother's physical immaturity.
            (11) In nearly every case of obstetric fistula, the baby 
        will be stillborn.
            (12) The physical symptoms of obstetric fistula include 
        incontinence or constant uncontrollable leaking of urine or 
        feces, frequent bladder infections, infertility, and foul odor. 
        The condition often leads to the desertion of fistula sufferers 
        by husbands and family members and extreme social stigma.
            (13) Although data on obstetric fistula are scarce, the 
        World Health Organization (WHO) estimates that there are more 
        than 2,000,000 women living with fistula and 50,000 to 100,000 
        new cases each year. These figures are based on the number of 
        women who seek medical care. Many more suffer from the 
        disabling condition.
            (14) Adolescent girls are more susceptible than mature 
        women to sexually transmitted infections, including HIV, due to 
        both biological and social factors.
            (15) Research in several countries with high rates of HIV 
        infection indicates that married girls are at greater risk for 
        HIV than their unmarried peers.
            (16) Child marriage can have additional long-term 
        consequences when combined with female genital cutting because 
        the girls who have undergone that procedure can experience 
        greater complications during pregnancy, leading to lasting 
        health problems for themselves and their children.
            (17) Child marriage is a leading barrier to girls' 
        education in certain developing countries.
            (18) A high incidence of child marriage undermines the 
        efforts of developing countries and donor countries, including 
        the United States, to promote economic and social development.
            (19) The causes of child marriage include poverty, custom, 
        and the desire to protect girls from violence or premarital 
        sexual relations.
            (20) Child marriage may also be a product of gender 
        violence in which a man abducts and rapes a girl and then, 
        sometimes through negotiations with traditional leaders, 
        negotiates a settlement with the girl's parents, including 
        marriage to the victim.
            (21) The practice of child marriage is considered a 
        ``harmful traditional practice'' by the United Nations 
        Children's Fund.
            (22) The Convention on Consent to Marriage, Minimum Age for 
        Marriage, and Registration of Marriages, adopted at the United 
        Nations, December 10, 1962, requires the parties to the 
        Convention to overcome all ``customs, ancient laws, and 
        practices by ensuring complete freedom in the choice of a 
        spouse, eliminating completely child marriages and the 
        betrothal of young girls before the age of puberty''.
            (23) The African Charter on the Rights and Welfare of the 
        Child, which entered into force in 1990, provides that ``child 
        marriage and the betrothal of girls and boys shall be 
        prohibited and effective action, including legislation, shall 
        be taken to specify the minimum age of marriage to be eighteen 
        years''.
            (24) In Ethiopia, Girls' Activity Committees, community-
        based groups formed to support girls in school and advocate for 
        girls' education, have conducted community awareness and 
        informational campaigns, enlisted the assistance of traditional 
        clan and religious leaders, discouraged families from 
        practicing child marriage, encouraged girls' school attendance, 
        and taken steps to reduce gender-based violence and create 
        safer environments for girls en route to or from school and in 
        the classroom.
            (25) Recognizing the importance of the issue and the 
        effects of child marriage, the Senior Coordinator for 
        International Women's Issues of the Department of State 
        initiated an effort in 2005 to collect and assess information 
        on the incidence of child marriage and on the existence and 
        effectiveness of initiatives funded by the United States to 
        reduce the incidence of child marriage or the negative effects 
        of child marriage and to measure the need for additional 
        programs.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Agency.
            (2) Agency.--Except as otherwise provided in this Act, the 
        term ``Agency'' means the United States Agency for 
        International Development.
            (3) Child marriage.--The term ``child marriage'' means the 
        legal or traditional marriage of a girl or boy who has not yet 
        reached the minimum age for marriage stipulated in law in the 
        country of which they are a citizen.
            (4) Developing nation.--The term ``developing nation'' 
        means any nation eligible to receive assistance from the 
        International Development Association or the International Bank 
        for Reconstruction and Development.
            (5) HIV.--The term ``HIV'' has the meaning given that term 
        in section 3 of the United States Leadership Against HIV/AIDS, 
        Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7602).
            (6) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given 
        that term in section 3 of the United States Leadership Against 
        HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 
        7602).
            (7) Obstetric fistula.--The term ``obstetric fistula'' 
        means a rupture or hole in tissues surrounding the vagina, 
        bladder, or rectum that occurs during prolonged, obstructed 
        childbirth.
            (8) Relevant executive branch agencies.--The term 
        ``relevant executive branch agencies'' means the Department of 
        State, the Agency, the Department of Health and Human Services, 
        and any other department or agency of the United States, 
        including the Millennium Challenge Corporation, that is 
        involved in implementing international health or development 
        policies and programs of the United States.
            (9) Secretary.--Except as otherwise provided in this Act, 
        the term ``Secretary'' means the Secretary of State.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the untapped economic and educational potential of 
        girls and women in many developing nations represent an 
        enormous loss to those societies;
            (2) expanding educational opportunities for girls and 
        economic opportunities for women and reducing maternal and 
        child mortality are critical to the achievement of 
        internationally recognized health and development goals and of 
        many global health and development objectives of the United 
        States, including efforts to prevent HIV/AIDS;
            (3) since child marriage is a leading barrier to the 
        continuation of girl's education in many developing countries, 
        it is important to integrate this issue into new and existing 
        United States-funded efforts to promote education, strengthen 
        legal rights and legal awareness, reduce gender-based violence, 
        and promote skill-building and economic opportunities for girls 
        and young women in regions with a high incidence of child 
        marriage; and
            (4) effective community-based efforts to reduce and move 
        toward the elimination of child marriage as part of an 
        integrated strategy to promote girls' education and empowerment 
        will yield long-term dividends in the health and economic 
        sectors in developing countries.

SEC. 5. DEVELOPMENT OF CHILD MARRIAGE PREVENTION STRATEGY.

    (a) Requirements for Strategy.--The Secretary shall develop a 
comprehensive strategy, taking into account the work of the relevant 
executive branch agencies, to reduce the incidences of child marriage 
around the world by further integrating this issue into existing and 
planned relevant United States development efforts.
    (b) Report on Strategy.--
            (1) Requirement for report.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary shall submit 
        to Congress a report on the strategy described in subsection 
        (a), including a discussion of the elements described in 
        paragraph (2).
            (2) Report elements.--The elements referred to in paragraph 
        (1) are the following:
                    (A) A description of existing or potential 
                approaches to prevent child marriage and address the 
                vulnerabilities of populations who may be at risk of 
                child marriage.
                    (B) A description of programs funded by the United 
                States that address child marriage, and an assessment 
                of the impact of such programs in the areas of health, 
                education, and access to economic opportunities, 
                including microfinance programs.
                    (C) A description of programs funded by the United 
                States that are intended to prevent obstetric fistula.
                    (D) A description of programs funded by the United 
                States that support the surgical treatment of obstetric 
                fistula.
                    (E) A description of the impact of child marriage 
                on the United States efforts to assist in achieving the 
                goals set out in the United Nations Millennium 
                Declaration adopted by the United Nations General 
                Assembly on September 8, 2000 (resolution 55/2), 
                including specifically the impact on efforts to--
                            (i) eliminate gender disparity in primary 
                        and secondary education;
                            (ii) reduce child mortality;
                            (iii) improve maternal health; and
                            (iv) combat HIV/AIDS, tuberculosis, 
                        malaria, and other disease.
                    (F) A description of the impact of child marriage 
                on achieving the purposes set out in section 602 of the 
                Millennium Challenge Act of 2003 (22 U.S.C. 7701).
                    (G) A description of how the issue of child 
                marriage can best be integrated into existing or 
                planned United States programs to promote girls' 
                education and skill-building, healthcare, legal rights 
                and awareness, and other relevant programs in 
                developing nations.
    (c) Report on Child Marriage.--Not later than 2 years after the 
date of the enactment of this Act, the Secretary, in consultation with 
other appropriate officials, shall submit to the Committees on Foreign 
Relations and Appropriations of the Senate and the Committees on 
International Relations and Appropriations of the House of 
Representatives a report that describes--
            (1) United States assistance programs that address child 
        marriage;
            (2) the impact of child marriage on maternal mortality and 
        morbidity and on infant mortality in countries in which child 
        marriage is prevalent;
            (3) the projected effect of such programs on increasing the 
        age of marriage, reducing maternal mortality and morbidity, 
        reducing the incidence of obstetric fistula, reducing the 
        incidence of domestic violence, increasing girls' access to and 
        completion of primary and secondary education, reducing the 
        incidence of early childbearing, and reducing HIV infection 
        rates among married and unmarried adolescents;
            (4) the scale and scope of the practice of child marriage 
        in developing nations; and
            (5) the status of efforts by the government of each 
        developing nation with a high incidence of child marriage to 
        eliminate such practices.

SEC. 6. AUTHORIZATION OF ASSISTANCE TO REDUCE INCIDENCES OF CHILDHOOD 
              MARRIAGE AND OBSTETRIC FISTULA.

    The President is authorized to provide assistance, including 
through international, nongovernmental, or faith-based organizations or 
through direct assistance to a recipient country, for programs to 
reduce the incidences of child marriage and promote the empowerment of 
girls and young woman. Such assistance may include--
            (1) improving the access of girls and young women in 
        developing nations to primary and secondary education and 
        vocational training;
            (2) supporting community education activities to educate 
        parents, community leaders, and adolescents of the health risks 
        associated with child marriage and the benefits for 
        adolescents, especially girls, of access to education, health 
        care, employment, microfinance, and savings programs;
            (3) supporting community-based organizations in encouraging 
        the prevention or delay of child marriage and its replacement 
        with other non-harmful rites of passage;
            (4) increasing access of women to economic opportunities, 
        including microfinance and small enterprise development;
            (5) supporting efforts to prevent gender-based violence;
            (6) improving access of adolescents to adequate health 
        care;
            (7) supporting programs to promote educational and economic 
        opportunities and access to health care for adolescents who are 
        already married;
            (8) supporting the surgical repair of fistula, including 
        the creation or expansion of centers for the treatment of 
        fistula in countries with high rates of fistula, and the care, 
        support, and transportation of persons in need of such surgery; 
        and
            (9) supporting efforts to reduce incidences of fistula, 
        including programs to increase access to skilled birth 
        attendants, and to promote access to family planning where 
        desired by local communities.

SEC. 7. RESEARCH AND DATA COLLECTION.

    The Secretary shall work through the Agency and any other relevant 
agencies of the Department of State, and in conjunction with relevant 
executive branch agencies as part of their ongoing research and data 
collection activities, to--
            (1) collect and make available data on the incidence of 
        child marriage in countries that receive foreign or development 
        assistance from the United States where the practice of child 
        marriage is prevalent; and
            (2) collect and make available data on the impact of the 
        incidence of child marriage and the age at marriage on progress 
        in meeting key development goals.

SEC. 8. HUMAN RIGHTS REPORT.

    The Secretary shall include in the Department of State's Annual 
Country Reports on Human Rights Practices a section for each country 
where child marriage is prevalent, outlining the status of the practice 
of child marriage in that country.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING.

    There are authorized to be appropriated to carry out the provisions 
of this Act, and the amendments made by this Act, in addition to funds 
otherwise available for such purposes, amounts as follows:
            (1) $15,000,000 for fiscal year 2007.
            (2) $20,000,000 for fiscal year 2008.
            (3) $25,000,000 for fiscal year 2009.
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