Congressional Record, Volume 149 Issue 66 (Tuesday, May 6, 2003)

[Congressional Record Volume 149, Number 66 (Tuesday, May 6, 2003)]
[Senate]
[Pages S5773-S5788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. JOHNSON (for himself, Mr. Craig, Mr. Leahy, and Ms.
Stabenow):
S. 996. A bill to amend the Richard B. Russell National School Lunch
Act to ensure an adequate level of commodity purchases under the school
lunch program; to the Committee on Agriculture, Nutrition, and
Forestry.
Mr. JOHNSON. Mr. President, I rise today with my colleagues, Senators
Craig, Stabenow, and Leahy, to introduce the ``Commodity Distribution
Act of 2003.'' Senator Craig and I have introduced similar legislation
in the past, and while it is unfortunate that this legislation is
necessary, we are pleased to meet the need that currently exists.
In 1999, Congress enacted the Ticket to Work and Work Incentives
Improvement Act, which amended the School Lunch Act to require the
United States Department of Agriculture to count the value of bonus
commodities when it determines the total amount of commodity assistance
provided to schools. This change meant a $500 million budget cut to the
school lunch program over a 9-year period.
Senator Craig and I have been successful since the passage of the
Ticket to Work Act in preventing this cut from affecting the School
Lunch Program for the past 4 years. However, a provision included in
the 2002 Farm Bill will expire the end of this fiscal year, leaving the
school lunch program vulnerable to cut of over $50 million per year
over the next 5 years.
Our legislation, the Commodity Distribution Act of 2003, would
prevent this devastating cut to the school lunch program. While not
large in overall budget terms, $50 million in commodities for school
lunch programs across the country means a great deal in delivering
quality meals to our children every day. It also means a great deal to
the agricultural producers who benefit from having these commodities
taken out of the marketplace, and used for a valuable purpose.
Our Nation faces a unique situation when it comes to feeding our
Nation's children. We live in a country where both hunger and obesity
co-exist among the children served by our important nutrition programs.
We can and must form policy that addresses both of these problems.
The legislation that Senators Craig, Stabenow, and Leahy, and I are
introducing today takes an important first step in addressing this
unique situation by maintaining the level of commodity support our
school districts receive to run their school lunch programs. There
could be no worse time to take away these valuable assets to their
programs.
The Commodity Distribution Act continues the dual purpose of our
school lunch program--supporting American agriculture, while delivering
nutritious food to our Nation's children.

[[Page S5774]]

Mr. President, I ask that this bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 996

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 ``Commodity Distribution Act
of 2003''.

SEC. 2. COMMODITY PURCHASES UNDER SCHOOL LUNCH PROGRAM.

Section 6(e) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1755(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``in the form of'' and all that follows
through ``(A) commodity assistance'' and inserting ``in the
form of commodity assistance'';
(B) by striking ``; or'' and inserting a period; and
(C) by striking subparagraph (B); and
(2) in paragraph (2)--
(A) by striking ``the Secretary shall, to the extent
necessary,'' and inserting ``the Secretary--
``(A) shall, to the extent necessary,'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) shall not use commodities provided under the
authority of any other Act to meet the requirement for the
school year.''.

SEC. 3. EFFECTIVE DATE.

This Act and the amendments made by this Act take effect on
October 1, 2003.

Mr. CRAIG. Mr. President, I rise today to join my colleague Senator
Johnson in introducing the Commodity Distribution Act of 2003.
Children are our future. I strongly believe each child deserves at
least one warm, nutritious meal every day. I stand before you today
with a new bill that will restore $500 million to the School Lunch
Program. The positive impacts of this program are endless. Children
should not have to pay the price of not having enough money for food.
Originally enacted in 1946, the school launch program set goals to
improve children's nutrition, increase low-income children's access to
nutritious meals, and to help support the agricultural industry. A
family of four has to have an income at or below 130 percent of the
Federal poverty level to qualify for a free lunch. The income for these
families is tragically low. Congress has a role in providing these
children with assistance their families cannot provide.
In 1999, Congress enacted the Ticket to Work and Work Incentives
Improvement Act. This legislation amended the School Lunch Act to
require the United States Department of Agriculture to count the value
of bonus commodities when it determines the total amount of commodity
assistance provided to schools. This change continues to provide a $500
million budget cut for the school lunch program over its 9-year
projection.
In 2001, the school lunch program comprised over 90 percent of
schools, with some 99,000 public and private schools enrolling
approximately 50 million children. Today over 28 million children
receive free or low-cost lunches every school day. Each State and
millions of children are affected. This program provides a basic
requirement of food for needy children.
The 2002 Farm Bill passed almost a full year ago included language
that extended this authorization language until the end of this fiscal
year. Without Congressional action, $50 million will be cut from the
food budget for school districts. This legislation would further extend
this support through 2007, when the Richard B. Russell National School
Lunch act is scheduled for reauthorization.
It is my belief that no child should be without food. The Commodity
Distribution Act of 2003 would ensure that schools receive the full
value of entitlement commodity assistance, and allow the School Lunch
Program to continue to meet its dual purpose of supporting American
agriculture when it needs it most while providing nutritious food to
schools across the country. I urge members to support this bill,
support children, and support our future.
______

By Mr. DOMENICI:

S. 997. A bill to authorize the Secretary of the Army to carry out
critical restoration projects along the Middle Rio Grande; to the
Committee on Environment and Public Works.
Mr. DOMENICI. Mr. President, those of us privileged to represent our
fellow citizens on this hallowed floor get far too few opportunities to
help usher in visionary projects that can potentially transform
communities, both of man and of nature. I rise today to tell you about
a project that has been discussed before on this floor; I bring it to
your attention again because I believe it's a project worth doing and
worth doing well. It concerns one of New Mexico's unique natural
treasures: the Middle Rio Grande Bosque.
According to an old Chinese Proverb, ``if you are thinking 1 year
ahead, sow seed. If you are thinking 10 years ahead, plant a tree. If
you are thinking 100 years ahead, educate the people.'' The bill I am
introducing today encompasses the wisdom of this proverb.
Two years ago, I joined the Middle Rio Grande Conservancy District
and the Army Corps of Engineers in unveiling a vision for the Bosque
that would rehabilitate and restore this long neglected treasure of the
Southwest. I return here today to begin implementing that vision.
The Albuquerque metropolitan area is the largest concentration of
people in New Mexico. It is also the home to the irreplaceable riparian
forest which runs through the heart of the city and surrounding towns
that is the Bosque. It is the largest continuous cottonwood forest in
the Southwest, and one of the last of its kind in the world.
Unfortunately, mismanagement, neglect, and the effects of upstream
development have severely degraded the Bosque. The list of its woes is
long: it has been overrun by non-native vegetation; graffiti and trash
mar locations along its length; the drought and build up of hazardous
fuel have contributed to an increased susceptibility to fire. As a
result, public access is problematical and crucial habitat for scores
of species is threatened. And yet, it remains one of the most
biologically diverse ecosystems in the Southwest. My goal is to restore
the Bosque and create a space that is open and attractive to the
public.
This is a grand undertaking to be sure; but I want to ensure that
this extraordinary corridor of the Southwestern desert is preserved for
generations to come: not only for generations of humans, but for the
diverse plant and animal species that reside in it as well.
Situated in the heart of the State's largest city, its potential to
be a special attraction for residents is exciting. Equally exciting are
the potential benefits to the ecosystem as a whole. The rehabilitation
of this ecosystem leads to greater protection for threatened and
endangered species; it means more migratory birds, healthier habitat
for fish, and greater numbers of towering cottonwood trees.
This project could be one of the far too rare opportunities to both
increase the quality of life for a city while assuring the health and
stability of an entire ecosystem. We would be increasing the
attractiveness of Albuquerque to businesses while improving the home of
the Silvery Minnow. Where trash is now strewn, walking paths and horse
trails will run. Where jetty jacks and discarded rubble lie, cottonwood
will grow. The dead trees and underbrush that threaten devastating fire
will be replaced by healthy groves of trees. School children will be
able to study and maybe catch sight of a bald eagle. The chance to help
build a dynamic public space like this does not come around often, and
I would like to see Congress embrace that chance.
Having grown up in along the Rio Grande in Albuquerque, the Bosque is
something I treasure; and I lament the degradation that has occurred.
Because of this, I have been involved in Bosque restoration since 1991
and I commend the efforts of groups like the Bosque Coalition for the
work they have done, and will continue to do, along the river. I
propose to build on that rehabilitation. The effort I put in front of
you today is a logical complement to these previous efforts as well as
towards Bosque revitalization, restoration, and recovery for the entire
Rio Grande.
Already work is underway. Over the past two years, the Army Corps of
Engineers has undertaken the task of conducting a study so that we
might gain a better understanding of how best to rehabilitate and
restore this beautiful Albuquerque greenbelt.
I remain grateful to each of the parties who have been involved with
this

[[Page S5775]]

idea since its inception. Each one contributes a very critical
component. The Middle Rio Grande Conservancy District owns this vital
part of the Bosque which runs from the National Hispanic Cultural
Center north to the Paseo Del Norte Bridge. The MRGCD has proven to be
a valuable local partner in identifying areas for non-native species
and other environmental restoration work. Additionally, MRGCD continues
to work on the development and implementation of an educational
campaign for local public schools on the importance of the Bosque.
Finally, MRGCD has continually worked with all parties to provide
options on how the Bosque can be preserved, protected and enjoyed by
everyone.
The Army Corps of Engineers is developing a preliminary restoration
plan for the Bosque along the Albuquerque corridor. The plan is well
underway and is moving towards the development of a feasibility study.
Specifically, this bill authorizes $10 million dollars in fiscal year
2004 and such sums as are necessary for the following nine years to
complete projects, activities, substantial ecosystem restoration,
preservation, protection, and recreation facilities along the Middle
Rio Grande. I urge my fellow members to help preserve this rare and
diverse ecosystem and to aid the city of Albuquerque and the State of
New Mexico in building a place to treasure.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 997

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

SECTION 1. FINDINGS.

Congress finds that--
(1) the Middle Rio Grande bosque is--
(A) a unique riparian forest located in Albuquerque, New
Mexico;
(B) the largest continuous cottonwood forest in the
Southwest;
(C) 1 of the oldest continuously inhabited areas in the
United States;
(D) home to portions of 6 pueblos; and
(E) a critical flyway and wintering ground for migratory
birds;
(2) the portion of the Middle Rio Grande adjacent to the
Middle Rio Grande bosque provides water to many people in the
State of New Mexico;
(3) the Middle Rio Grande bosque should be maintained in a
manner that protects endangered species and the flow of the
Middle Rio Grande while making the Middle Rio Grande bosque
more accessible to the public;
(4) environmental restoration is an important part of the
mission of the Corps of Engineers; and
(5) the Corps of Engineers should reestablish, where
feasible, the hydrologic connection between the Middle Rio
Grande and the Middle Rio Grande bosque to ensure the
permanent healthy growth of vegetation native to the Middle
Rio Grande bosque.

SEC. 2. DEFINITIONS.

In this Act:
(1) Critical restoration project.--The term ``critical
restoration project'' means a project carried out under this
Act that will produce, consistent with Federal programs,
projects, and activities, immediate and substantial ecosystem
restoration, preservation, recreation, and protection
benefits.
(2) Middle rio grande.--The term ``Middle Rio Grande''
means the portion of the Rio Grande from Cochiti Dam to the
headwaters of Elephant Butte Dam, in the State of New Mexico.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.

SEC. 3. MIDDLE RIO GRANDE RESTORATION.

(a) Critical Restoration Projects.--The Secretary shall
carry out critical restoration projects along the Middle Rio
Grande.
(b) Project Selection.--
(1) In general.--The Secretary may select critical
restoration projects in the Middle Rio Grande based on
feasibility studies.
(2) Use of existing studies and plans.--In carrying out
subsection (a), the Secretary shall use, to the maximum
extent practicable, studies and plans in existence on the
date of enactment of this Act to identify the needs and
priorities for critical restoration projects.
(c) Local Participation.--In carrying out this Act, the
Secretary shall consult with, and consider the priorities of,
public and private entities that are active in ecosystem
restoration in the Rio Grande watershed, including entities
that carry out activities under--
(1) the Middle Rio Grande Endangered Species Act
Collaborative Program; and
(2) the Bosque Improvement Group of the Middle Rio Grande
Bosque Initiative.
(d) Cost Sharing.--
(1) Cost-sharing agreement.--Before carrying out any
critical restoration project under this Act, the Secretary
shall enter into an agreement with the non-Federal interests
that shall require the non-Federal interests--
(A) to pay 25 percent of the total costs of the critical
restoration project;
(B) to provide land, easements, rights-of-way, relocations,
and dredged material disposal areas necessary to carry out
the critical restoration project;
(C) to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the critical restoration project that are incurred after the
date of enactment of this Act; and
(D) to hold the United States harmless from any claim or
damage that may arise from carrying out the critical
restoration project (other than any claim or damage that may
arise from the negligence of the Federal Government or a
contractor of the Federal Government).
(2) Recreational features.--
(A) In general.--Any recreational features included as part
of a critical restoration project shall comprise not more
that 30 percent of the total project cost.
(B) Non-federal funding.--The full cost of any recreational
features included as part of a critical restoration project
in excess of the amount described in subparagraph (A) shall
be paid by the non-Federal interests.
(3) Credit.--The non-Federal interests shall receive credit
toward the non-Federal share of the cost of design or
construction activities carried out by the non-Federal
interests before the execution of the project cooperation
agreement if the Secretary determines that the work performed
by the non-Federal interest is integral to the project.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
Act--
(1) $10,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each of fiscal years
2005 through 2013.
______

By Mr. CORZINE (for himself, Mr. Lautenberg, Mr. Specter, Mr.
Schumer, Mr. Dodd, Mrs. Clinton, and Mr. Lieberman):
S. 999. A bill to establish the Highlands Stewardship Area in the
States of Connecticut, New Jersey, New York, and Pennsylvania, and for
other purposes; to the Committee on Agriculture, Nutrition, and
Forestry.
Mr. CORZINE. Mr. President, today along with Senators Lautenberg,
Specter, Schumer, Dodd, Clinton and Lieberman, I am introducing the
Highlands Stewardship Act. I am proud to be joining Congressman Rodney
Frelinghuysen and other colleagues from the New Jersey, New York, and
Connecticut congressional delegations, who are introducing identical
legislation in the House of Representatives.
This legislation would help to preserve one of the last open space
treasures in this country, the Highlands forest region that stretches
from northwestern Connecticut, across the lower Hudson River valley in
New York, through my State of New Jersey and into east-central
Pennsylvania. This region encompasses more than 2 million acres of
forests, farms, streams, wetlands, lakes and reservoirs and historic
sites. It includes the Green, Taconic and Notre Dame Mountains. It also
includes such historic sites as Morristown National Historic Park and
West Point.
The value of the ecological, recreational and scenic resources of the
Highlands cannot be overstated. One hundred seventy million gallons are
drawn from the Highlands aquifers daily, providing quality drinking
water for over 11 million people. Two hundred forty seven threatened or
endangered species live in the Highlands including the timber
rattlesnake, wood turtle, red-shouldered hawk, barred owl, great blue
heron and eastern wood rat. There also are many fishing, hiking and
boating recreation opportunities in the Highlands that are used by many
of the 1 in 12 Americans who live within 2 hours of travel of the
Highlands.
Unfortunately, much of Highlands is quickly vanishing. According to
the most recent study issued by the United States Department of
Agriculture, we have lost over 3,000 acres of forest and 1,600 acres of
farmland in New York and New Jersey sections of the Highlands annually
to development between 1995 and 2000.
This legislation would designate a Stewardship Area amongst the four
States in order to protect the most important Highlands projects. It
would create a source of funding for conservation and preservation
projects in the Highlands to preserve and protect the open space that
remains. Two million dollars a year for 10 years would be provided for
conservation assistance projects in the four Highlands States. This
funding could be used for items such as smart growth initiatives and
cultural preservation projects. Twenty-five million dollars a year over
10 years

[[Page S5776]]

also would be provided for open space preservation projects in the four
Highlands states. The source of this funding would be the Land and
Water Conservation Fund.
I am proud to introduce this legislation to ensure that we protect
this resource, which is so critical to our quality of life, and I ask
unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 999

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 ``Highlands Stewardship Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the Highlands region is a geographic area that
encompasses more than 2,000,000 acres extending from eastern
Pennsylvania through the States of New Jersey and New York to
northwestern Connecticut;
(2) the Highlands region is an environmentally unique area
that--
(A) provides clean drinking water to over 15,000,000 people
in metropolitan areas in the States of Connecticut, New
Jersey, New York, and Pennsylvania;
(B) provides critical wildlife habitat, including habitat
for 247 threatened and endangered species;
(C) maintains an important historic connection to early
Native American culture, colonial settlement, the American
Revolution, and the Civil War;
(D) contains recreational resources for 14,000,000 visitors
annually; and
(E) provides other significant ecological, natural,
tourism, recreational, educational, and economic benefits;
(3) an estimated 1 in 12 citizens of the United States live
within a 2-hour drive of the Highlands region;
(4) more than 1,400,000 residents live in the Highlands
region;
(5) the Highlands region forms a greenbelt adjacent to the
Philadelphia-New York City-Hartford urban corridor that
offers the opportunity to preserve natural and agricultural
resources, open spaces, recreational areas, and historic
sites, while encouraging sustainable economic growth and
development in a fiscally and environmentally sound manner;
(6) continued population growth and land use patterns in
the Highlands region--
(A) reduce the availability and quality of water;
(B) reduce air quality;
(C) fragment the forests;
(D) destroy critical migration corridors and forest
habitat; and
(E) result in the loss of recreational opportunities and
scenic, historic, and cultural resources;
(7) the natural, agricultural, and cultural resources of
the Highlands region, in combination with the proximity of
the Highlands region to the largest metropolitan areas in the
United States, make the Highlands region nationally
significant;
(8) the national significance of the Highlands region has
been documented in--
(A) the New York-New Jersey Highlands Regional Study
conducted by the Forest Service in 1990;
(B) the New York-New Jersey Highlands Regional Study: 2002
Update conducted by the Forest Service;
(C) the bi-State Skylands Greenway Task Force Report;
(D) the New Jersey State Development and Redevelopment
Plan;
(E) the New York State Open Space Conservation Plan;
(F) the Connecticut Green Plan: Open Space Acquisition FY
2001-2006;
(G) the open space plans of the State of Pennsylvania; and
(H) other open space conservation plans for States in the
Highlands region;
(9) the Highlands region includes or is adjacent to
numerous parcels of land owned by the Federal Government or
federally designated areas that protect, conserve, restore,
promote, or interpret resources of the Highlands region,
including--
(A) the Wallkill River National Wildlife Refuge;
(B) the Shawanagunk Grasslands Wildlife Refuge;
(C) the Morristown National Historical Park;
(D) the Delaware and Lehigh Canal Corridors;
(E) the Hudson River Valley National Heritage Area;
(F) the Delaware River Basin;
(G) the Delaware Water Gap National Recreation Area;
(H) the Upper Delaware Scenic and Recreational River;
(I) the Appalachian National Scenic Trail;
(J) the United States Military Academy at West Point, New
York;
(K) the Highlands National Millennium Trail;
(L) the Picatinny Arsenal in the State of New Jersey;
(M) the Great Swamp National Wildlife Refuge;
(N) the proposed Crossroads of the Revolution National
Heritage Area;
(O) the proposed Musconetcong National Scenic and
Recreational River in the State of New Jersey; and
(P) the Farmington River Wild and Scenic Area in the State
of Connecticut;
(10) it is in the interest of the United States to protect,
conserve, restore, promote, and interpret the resources of
the Highlands region for the residents of, and visitors to,
the Highlands region;
(11) the States of Connecticut, New Jersey, New York, and
Pennsylvania, regional entities, and units of local
government in the Highlands region have the primary
responsibility for protecting, conserving, preserving, and
promoting the resources of the Highlands region; and
(12) because of the longstanding Federal practice of
assisting States in creating, protecting, conserving,
preserving, restoring, and interpreting areas of significant
natural and cultural importance, and the national
significance of the Highlands region, the Federal Government
should, in partnership with the Highlands States and units of
local government in the Highlands region, protect, restore,
promote, preserve, and interpret the natural, agricultural,
historical, and cultural resources of the Highlands region.

SEC. 3. PURPOSES.

The purposes of this Act are--
(1) to recognize the importance of the natural resources
and the heritage, history, and national significance of the
Highlands region to the United States;
(2) to assist the Highlands States, units of local
government, and private landowners in protecting, restoring,
preserving, interpreting, and promoting the natural,
agricultural, historical, cultural, and recreational
resources of the Highlands region;
(3) to preserve and protect high priority conservation land
in the Highlands region by authorizing the Secretary of the
Interior to--
(A) work in partnership with the Secretary of Agriculture
and the Highlands States; and
(B) provide financial and technical assistance to the
Highlands States;
(4) to authorize the Secretary of Agriculture to provide
financial and technical assistance for projects that will
protect, restore, promote, and interpret the natural,
agricultural, historical, cultural, or recreational resources
of the Highlands region; and
(5) to coordinate with and assist the management entities
of the Hudson River Valley National Heritage Area, the
Wallkill National Refuge Area, the Morristown National
Historic Area, and other federally designated areas in the
region in carrying out any duties relating to protecting the
natural resources of the Highlands region.

SEC. 4. DEFINITIONS.

In this Act:
(1) Eligible entity.--The term ``eligible entity'' means
any Highlands State, unit of local government, public entity,
private entity, or private landowner in the Stewardship Area.
(2) Highlands region.--The term ``Highlands region'' means
the region that encompasses nearly 2,000,000 acres extending
from eastern Pennsylvania through the States of New Jersey
and New York to northwestern Connecticut.
(3) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York;
(D) the State of Pennsylvania; and
(E) any agency or department of a State specified in
subparagraph (A), (B), (C), or (D) that is authorized to own
and manage land for conservation purposes, including the
Palisades Interstate Park Commission.
(4) Land conservation partnership project.--The term ``land
conservation partnership project'' means a project in which a
Highlands State acquires from a willing seller land or an
interest in land that is located in an area identified in the
study or update as having a high conservation value for the
purpose of protecting, conserving, or preserving the natural,
forest, agricultural, recreational, historical, or cultural
resources of the Stewardship Area.
(5) Office.--The term ``Office'' means the Office of
Highlands Stewardship established under section 6(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Stewardship area.--The term ``Stewardship Area'' means
the Highlands Stewardship Area established under section
5(a).
(8) Study.--The term ``study'' means the Highlands Regional
Study conducted by the Forest Service in 1990.
(9) Update.--The term ``update'' means the New York-New
Jersey Highlands Regional Assessment Update conducted by the
Forest Service in 2001.
(10) Work group.--The term ``Work Group'' means the
Highlands Stewardship Area Work Group established under
section 6(c).

SEC. 5. ESTABLISHMENT OF HIGHLANDS STEWARDSHIP AREA.

(a) Establishment.--The Secretary and the Secretary of the
Interior shall establish the Highlands Stewardship Area in
the Highlands region.
(b) Consultation and Resource Analyses.--In establishing
the Stewardship Area under subsection (a), the Secretary and
the Secretary of the Interior shall--
(1) consult with appropriate officials of the Federal
Government, the Governors and other appropriate officials of
the Highlands States, and units of local government; and

[[Page S5777]]

(2) take into account the study, the update, and any
relevant State resource analyses.
(c) Map.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the
Interior shall prepare a map depicting the Stewardship Area.
(2) Availability.--The map shall be on file and available
for public inspection at the appropriate offices of the
Secretary and the Secretary of the Interior.

SEC. 6. OFFICE OF HIGHLANDS STEWARDSHIP.

(a) Establishment.--The Secretary, in consultation with the
Under Secretary of Agriculture for Natural Resources and
Environment, the Chief of the Natural Resources Conservation
Service, and the Chief of the Forest Service, shall establish
within the Department of Agriculture the Office of Highlands
Stewardship.
(b) Duties.--The Office shall--
(1) advise the Secretary, the Secretary of the Interior,
and the Governors of the States specified in subparagraphs
(A) through (D) of section 4(3) on priorities for--
(A) projects carried out with financial or technical
assistance under this section;
(B) land conservation partnership projects carried out
under section 7;
(C) research relating to the Highlands region; and
(D) policy and educational initiatives necessary to
implement the findings of the study and update; and
(2) implement in the Stewardship Area--
(A) the strategies of the study and update; and
(B) in consultation with the Highlands States, other
studies consistent with the purposes of this Act.
(c) Highlands Stewardship Area Work Group.--
(1) Establishment.--The Secretary shall establish an
advisory committee to be known as the ``Highlands Stewardship
Area Work Group'' to assist the Office in implementing the
strategies of the studies and update referred to in
subsection (b).
(2) Membership.--The Work Group shall be comprised of
members that represent various public and private interests
throughout the Stewardship Area, including private landowners
and representatives of private land trusts, conservation
groups, distributors of drinking water, academic
institutions, and units of local government, to be appointed
by the Secretary, in consultation with the Governors of the
States specified in subparagraphs (A) through (D) of section
4(3).
(3) Duties.--The Work Group shall advise the Office, the
Secretary, and the Secretary of the Interior on the
priorities described in subsection (b)(1).
(d) Financial and Technical Assistance.--
(1) In general.--The Office may provide financial and
technical assistance to an eligible entity to carry out a
project to protect, restore, preserve, promote, or interpret
the natural, agricultural, historical, cultural, or
recreational resources of the Stewardship Area.
(2) Priority.--In determining the priority for financial
and technical assistance under paragraph (1), the Office
shall consider the recommendations of the study and update.
(3) Conditions.--
(A) In general.--The provision of financial assistance
under this subsection shall be subject to the condition that
the eligible entity enter into an agreement with the Office
that provides that if the eligible entity converts, uses, or
disposes of the project for a purpose inconsistent with the
purpose for which the financial assistance was provided, as
determined by the Office, the United States shall be entitled
to reimbursement from the eligible entity in an amount that
is, as determined at the time of conversion, use, or
disposal, the greater of--
(i) the total amount of the financial assistance provided
for the project by the Federal Government under this section;
or
(ii) the amount by which the financial assistance has
increased the value of the land on which the project is
carried out.
(B) Cost-sharing requirement.--The Federal share of the
cost of carrying out a project under this subsection shall
not exceed 50 percent of the total cost of the project.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000 for each of fiscal years 2004 through 2013, to
remain available until expended.

SEC. 7. LAND CONSERVATION PARTNERSHIP PROJECTS.

(a) In General.--The Secretary of the Interior, in
consultation with units of local government, the Office, the
Work Group, and the public, shall, from among proposed land
conservation partnership projects submitted to the Secretary
of the Interior by the Governors of the States specified in
subparagraphs (A) through (D) of section 4(3), annually
designate land conservation partnership projects that are
eligible to receive financial assistance under this section.
(b) Conditions.--
(1) In general.--To be eligible for financial assistance
for a project under subsection (a), a Highlands State shall
enter into an agreement with the Secretary of the Interior
that--
(A) identifies--
(i) the Highlands State that will own or hold the land or
interest in land that is the subject of the project; and
(ii) the source of funds to provide the non-Federal share
under paragraph (2);
(B) provides that the Highlands State shall permanently
protect any land acquired as part of a land conservation
partnership project;
(C) describes management objectives for the land that will
ensure the permanent protection and use of the land for the
purpose for which the assistance was provided;
(D) provides that if the Highlands State converts, uses, or
disposes of the project for a purpose inconsistent with the
purpose for which the assistance was provided, as determined
by the Secretary of the Interior, the United States--
(i) may file a civil action in an appropriate district
court of the United States for specific performance of the
conditions on financial assistance; and
(ii) shall be entitled to reimbursement from the Highlands
State in an amount that is, as determined at the time of
conversion, use, or disposal, the greater of--

(I) the total amount of the financial assistance provided
for the project by the Federal Government under this section;
or
(II) the amount by which the financial assistance increased
the value of the land or interest in land that is the subject
of the project; and

(E) provides that use of the financial assistance will be
consistent with--
(i) the open space plan or greenway plan of the Highlands
State in which the land conservation partnership project is
being carried out; and
(ii) the findings and recommendations of the study and
update.
(2) Cost-sharing requirement.--The Federal share of the
cost of carrying out a land conservation partnership project
under this subsection shall not exceed 50 percent of the
total cost of the land conservation partnership project.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior from the
general fund of the Treasury or the Land and Water
Conservation Fund to carry out this section $25,000,000 for
each of fiscal years 2004 through 2013, to remain available
until expended.

SEC. 8. EFFECT.

Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government, or any State or local government, to
regulate any use of land;
(2) grants powers of zoning or land use control to an
entity established under this Act; or
(3) authorizes an entity established under this Act to
interfere with--
(A) the right of any person with respect to private
property; or
(B) any local zoning ordinance or land use plan of any
local unit of government in the Stewardship Area.
______

By Mr. GRAHAM of South Carolina (for himself, Mr. Coleman, Mr.
Allen, Mr. Miller, Mrs. Clinton, and Ms. Landrieu:
S. 1000. A bill to amend title 10, United States Code, to revise the
age and service requirements for eligibility to receive retired pay for
non-regular service; to provide TRICARE eligibility for members of the
Selected Reserve of the Ready Reserve and their families; to amend the
Internal Revenue Code of 1986 to allow employers a credit against
income tax with respect to employees who participate in the military
reserve components and to allow a comparable credit for participating
reserve component self-employed individuals, and for other purposes; to
the Committee on Finance.
Mr. GRAHAM of South Carolina. Mr. President, I ask unanimous consent
that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1000

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 ``National Guard and Reserves
Reform Act for the 21st Century''.

SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

(a) Age and Service Requirements.--Subsection (a) of
section 12731 of title 10, United States Code, is amended to
read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under
section 12739 of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of service (computed
under section 12732 of this title) that are specified in the
table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1)
of this title, but not while a member of a regular component,
the Fleet Reserve, or the Fleet Marine Corps Reserve, except
that in the case of a person who completed 20 years of

[[Page S5778]]

service computed under section 12732 of this title before
October 5, 1994, the number of years of qualifying service
under this subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member
of the Fleet Reserve or the Fleet Marine Corps Reserve.
``(2) The combinations of minimum age and minimum years of
service required of a person under subparagraph (A) of
paragraph (1) for entitlement to retired pay as provided in
such paragraph are as follows:

The minimum years
``Age, in years, of service required
is at least: for that age is:
53............................................................34 ....

54............................................................32 ....

55............................................................30 ....

56............................................................28 ....

57............................................................26 ....

58............................................................24 ....

59............................................................22 ....

60.........................................................20.''.....

(b) 20-Year Letter.--Subsection (d) of such section is
amended by striking ``the years of service required for
eligibility for retired pay under this chapter'' in the first
sentence and inserting ``20 years of service computed under
section 12732 of this title.''.
(c) Effective Date.--This section and the amendments made
by this subsection (a) shall take effect on the first day of
the first month beginning on or after the date of the
enactment of this Act and shall apply with respect to retired
pay payable for that month and subsequent months.

SEC. 2. EXPANDED ELIGIBILITY OF READY RESERVISTS FOR TRICARE.

(a) Eligibility.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1097b the
following new section:

``Sec. 1097c. TRICARE program: Reserves not on active duty

``(a) Eligibility.--A member of the Selected Reserve of the
Ready Reserve of the armed forces not otherwise eligible for
enrollment in the TRICARE program under this chapter for the
same benefits as a member of the armed forces eligible under
section 1074(a) of this title may enroll for self or for self
and family for the same benefits under this section.
``(b) Premiums.--(1) An enlisted member of the armed forces
enrolled in the TRICARE program under this section shall pay
an annual premium of $330 for self only coverage and $560 for
self and family coverage for which enrolled under this
section.
``(2) An officer of the armed forces enrolled in the
TRICARE program under this section shall pay an annual
premium of $380 for self only coverage and $610 for self and
family coverage for which enrolled under this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1097b the following new item:

``1097c. Section 101 head.''.

SEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.

(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business-related credits) is amended by adding at the end the
following new section:

``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.

``(a) General Rule.--For purposes of section 38, the
reserve component employment credit determined under this
section is an amount equal to the sum of--
``(1) the employment credit with respect to all qualified
employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) In general.--The employment credit with respect to a
qualified employee of the taxpayer for any taxable year is
equal to the excess, if any, of--
``(A) the qualified employee's average daily qualified
compensation for the taxable year, over
``(B) the average daily military pay and allowances
received by the qualified employee during the taxable year,

while participating in qualified reserve component duty to
the exclusion of the qualified employee's normal employment
duties for the number of days the qualified employee
participates in qualified reserve component duty during the
taxable year, including time spent in a travel status. The
employment credit, with respect to all qualified employees,
is equal to the sum of the employment credits for each
qualified employee under this subsection.
``(2) Average daily qualified compensation and average
daily military pay and allowances.--As used with respect to a
qualified employee--
``(A) the term `average daily qualified compensation' means
the qualified compensation of the qualified employee for the
taxable year divided by the difference between--
``(i) 365, and
``(ii) the number of days the qualified employee
participates in qualified reserve component duty during the
taxable year, including time spent in a travel status, and
``(B) the term `average daily military pay and allowances'
means--
``(i) the amount paid to the qualified employee during the
taxable year as military pay and allowances on account of the
qualified employee's participation in qualified reserve
component duty, divided by
``(ii) the total number of days the qualified employee
participates in qualified reserve component duty, including
time spent in travel status.
``(3) Qualified compensation.--When used with respect to
the compensation paid or that would have been paid to a
qualified employee for any period during which the qualified
employee participates in qualified reserve component duty,
the term `qualified compensation' means--
``(A) compensation which is normally contingent on the
qualified employee's presence for work and which would be
deductible from the taxpayer's gross income under section
162(a)(1) if the qualified employee were present and
receiving such compensation,
``(B) compensation which is not characterized by the
taxpayer as vacation or holiday pay, or as sick leave or pay,
or as any other form of pay for a nonspecific leave of
absence, and with respect to which the number of days the
qualified employee participates in qualified reserve
component duty does not result in any reduction in the amount
of vacation time, sick leave, or other nonspecific leave
previously credited to or earned by the qualified employee,
and
``(C) group health plan costs (if any) with respect to the
qualified employee.
``(4) Qualified employee.--The term `qualified employee'
means a person who--
``(A) has been an employee of the taxpayer for the 21-day
period immediately preceding the period during which the
employee participates in qualified reserve component duty,
and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as defined
in sections 10142 and 10101 of title 10, United States Code.
``(c) Self-Employment Credit.--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is
equal to the excess, if any, of--
``(A) the self-employed taxpayer's average daily self-
employment income for the taxable year over
``(B) the average daily military pay and allowances
received by the taxpayer during the taxable year, while
participating in qualified reserve component duty to the
exclusion of the taxpayer's normal self-employment duties for
the number of days the taxpayer participates in qualified
reserve component duty during the taxable year, including
time spent in a travel status.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment income' means
the self-employment income (as defined in section 1402) of
the taxpayer for the taxable year plus the amount paid for
insurance which constitutes medical care for the taxpayer for
such year (within the meaning of section 162(l)) divided by
the difference between--
``(i) 365, and
``(ii) the number of days the taxpayer participates in
qualified reserve component duty during the taxable year,
including time spent in a travel status, and
``(B) the term `average daily military pay and allowances'
means--
``(i) the amount paid to the taxpayer during the taxable
year as military pay and allowances on account of the
taxpayer's participation in qualified reserve component duty,
divided by
``(ii) the total number of days the taxpayer participates
in qualified reserve component duty, including time spent in
travel status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as defined in
section 1402) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit in Addition to Deduction.--The employment
credit provided in this section is in addition to any
deduction otherwise allowable with respect to compensation
actually paid to a qualified employee during any period the
qualified employee participates in qualified reserve
component duty to the exclusion of normal employment duties.
``(e) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The credit allowed by subsection (a) for
the taxable year shall not exceed $25,000 with respect to
each qualified employee.
``(B) Controlled groups.--For purposes of applying the
limitation in subparagraph (A)--
``(i) all members of a controlled group shall be treated as
one taxpayer, and
``(ii) such limitations shall be allocated among the
members of such group in such manner as the Secretary may
prescribe.

For purposes of this subparagraph, all persons treated as a
single employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as
members of a controlled group.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of
the armed forces of the united states.--No credit shall be
allowed under subsection (a) to a taxpayer for--
``(A) any taxable year in which the taxpayer is under a
final order, judgment, or other process issued or required by
a district court of the United States under section 4323

[[Page S5779]]

of title 38 of the United States Code with respect to a
violation of chapter 43 of such title, and
``(B) the 2 succeeding taxable years.
``(3) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period for
which the person on whose behalf the credit would otherwise
be allowable is called or ordered to active duty for any of
the following types of duty:
``(A) active duty for training under any provision of title
10, United States Code,
``(B) training at encampments, maneuvers, outdoor target
practice, or other exercises under chapter 5 of title 32,
United States Code, or
``(C) full-time National Guard duty, as defined in section
101(d)(5) of title 10, United States Code.
``(f) General Definitions and Special Rules.--
``(1) Military pay and allowances.--The term `military pay'
means pay as that term is defined in section 101(21) of title
37, United States Code, and the term `allowances' means the
allowances payable to a member of the Armed Forces of the
United States under chapter 7 of that title.
``(2) Qualified reserve component duty.--The term
`qualified reserve component duty' includes only active duty
performed, as designated in the reservist's military orders,
in support of a contingency operation as defined in section
101(a)(13) of title 10, United States Code.
``(3) Normal employment and self-employment duties.--A
person shall be deemed to be participating in qualified
reserve component duty to the exclusion of normal employment
or self-employment duties if the person does not engage in or
undertake any substantial activity related to the person's
normal employment or self-employment duties while
participating in qualified reserve component duty unless in
an authorized leave status or other authorized absence from
military duties. If a person engages in or undertakes any
substantial activity related to the person's normal
employment or self-employment duties at any time while
participating in a period of qualified reserve component
duty, unless during a period of authorized leave or other
authorized absence from military duties, the person shall be
deemed to have engaged in or undertaken such activity for the
entire period of qualified reserve component duty.
``(4) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply
for purposes of this section.''.
(b) Conforming Amendment.--Section 38(b) (relating to
general business credit) is amended--
(1) by striking ``plus'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(16) the reserve component employment credit determined
under section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 is amended by
inserting after the item relating to section 45F the
following new item:

``Sec. 45G. Reserve component employment credit.''.

(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2002.
______

By Mr. BIDEN (for himself, Mr. McCAIN, Mrs. Feinstein, Mr. Dodd,
Mr. Kerry, Mrs. Clinton, and Ms. Mikulski):
S. 1001. A bill to make the protection of women and children who are
affected by a complex humanitarian emergency a priority of the United
States Government, and for other purposes; to the Committee on Foreign
Relations.
Mr. BIDEN. Mr. President, today I am introducing a bill, along with
Senators McCain, Feinstein, Dodd, and Kerry, to make women and children
a priority of our assistance of programs, women and children who are
suffering the ravages of war and natural disasters, suffering from food
shortages and a lack of basic necessities, suffering from the
degradation of complex humanitarian emergencies. War has been the major
cause.
Over the past fifty years the nature of war has changed dramatically.
Increasingly, sadly, women and children seem to bear the brunt of it.
According to the United Nations Children's Fund, since 1990, more than
2 million children have been killed and 6 million maimed or injured as
a result of war. Today, 90 percent of the casualities in any war are
civilians. They are mostly women and children.
It is incomprehensible to me that rape has been used as a weapon of
war all over the world from Burma to Bosnia to Sierra Leone. It is
equally incomprehensible that forced displacement of civilians, rather
than being one of the unfortunate results of war, has actually become a
deliberate tactic.
Under these circumstances, what choice do people have but to leave
their homes? They leave out of fear for their lives and their
children's lives. Some find their way into camps where instead of
safety, they suffer extraordinary violence and abuse. Allegations of
sexual exploitation by camp residents and humanitarian workers in
refugee camps in west Africa and Nepal are all-too-real examples of the
sad fact that women and children remain vulnerable even in the very
places they flee to find safety.
This bill seeks to do something about this. It seeks to enhance the
U.S. Government's ability to ensure that women and children's
protection needs are addressed before, during, and after a complex
humanitarian emergency.
It does this in several ways. First, it directs the Secretary of
State to designate a special coordinator for protection issues. That
person will be changed with making sure that our embassies and consular
posts are made aware of the earliest warning signs that a complex
humanitarian emergency is imminent. The Coordinator is to compile a
watch list of such countries and regions so that our aid missions can
plan to meet potential need.
Second, the bill specifies basic measures that will improve our
ability to help these women and children, help the refugees, help
internally displaced people cope during an actual complex humanitarian
crisis.
It requires that relief organizations funded by the United States
Government review their procedures to ensure adequate measures have
been taken to provide adequate physical security for refugees and
internationally displaced people, especially the women and children.
The legislation prohibits U.S. funding for relief agencies that do
not sign a code of conduct that prohibits improper relationships
between humanitarian aid workers and aid recipients, and encourages the
Secretary to pressure the U.N. refugee agency to implement a ``whistle-
blower'' system under which aid workers, refugees and internally
displaced persons can report instances of gender-based violence and
exploitation.
Because women have unique health needs that are often unmet when they
are forced to flee their homes, the bill includes a provision mandating
health services for women within 30 days of the onset of a complex
humanitarian emergency.
Additionally, the bill amends the Micro-Enterprise Development Act to
expand the availability of micro-loans to refugees and internally
displaced women. When women are given access to income generating
activities, they are less vulnerable to coercion from those who would
demand sexual favors in return for food or other basic necessities.
Finally, the bill deals with rehabilitation and recovery.
The bill requires the Secretary of State and the Administrator for
the Agency for International Development to develop and implement
economic development programs to assist female heads of households, to
help women increase access to ownership of land and other productive
assets, to ensure that education and training programs are integrated
with economic development programs to encourage reintegration of women
who were displaced during war, and programs to politically empower
women.
It calls upon the United States Executive Director of the
International Bank for Reconstruction and Development to work on
ensuring that World Bank demobilization, disarmament and reintegration
programs extend the same benefits that ex-combatants receive to women
and children who were formally or informally associated with them.
As it now stands, women and children who were used as cooks, porters,
and so called ``wives''--a euphemism for women who were kidnaped to
serve as sexual slaves--are given nothing with which to rebuild their
lives, despite the fact that they rarely served with armed groups by
choice. And yet the very people who forced them into such conditions
are assisted with no qualms or reservations.
Finally, the bill calls upon the Secretary of State to report to
Congress all the programs that they are funding

[[Page S5780]]

that are aimed at improving the awareness of foreign law enforcement
officials of women's human rights and the ability of foreign law
enforcement officials to investigate and prosecute crimes of rape and
sexual violence.
This bill is not a panacea. It does not cure all the ills that war
and displacement create for women and children. It seeks to provide
some relief for those who are entirely reliant--through no fault of
their own--on the largess of the international community.
I believe this legislation will improve the way we respond to the
needs facing women and children trying to survive in the most dire of
circumstances, and I hope my colleagues will join me by supporting it.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1001

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 ``Women and Children in
Conflict Protection Act of 2003''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

TITLE I--PROGRAM AND POLICY COORDINATION

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Requirement to develop integrated strategy.
Sec. 104. Designation of Coordinator.

TITLE II--PREVENTION AND PREPAREDNESS

Sec. 201. Findings.
Sec. 202. Early warning and early action systems.

TITLE III--SECURITY FOR REFUGEE AND INTERNALLY DISPLACED WOMEN AND
CHILDREN

Sec. 301. Findings.
Sec. 302. Codes of conduct.
Sec. 303. Sense of Congress regarding administration practices in camps
for refugees and displaced persons.
Sec. 304. Health services for refugees and displaced persons.
Sec. 305. Whistleblower system.
Sec. 306. Women's economic self-sufficiency.
Sec. 307. International military education and training.
Sec. 308. Protection initiatives.
Sec. 309. Accountability.

TITLE IV--POSTCONFLICT RECONSTRUCTION AND REHABILITATION

Sec. 401. Findings.
Sec. 402. Support for communities and former combatants.
Sec. 403. Police reform and accountability.
Sec. 404. Sense of Congress regarding the improvement of United Nations
peacekeeping operations.

TITLE V--WOMEN AND CHILDREN'S PROTECTION ASSISTANCE

Sec. 501. Women and children's protection assistance.

SEC. 3. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Children.--The term ``children'' means persons under
the age of 18 years.
(3) Complex humanitarian emergency.--The term ``complex
humanitarian emergency'' means a situation that--
(A) occurs outside the United States and results in a
significant number of--
(i) refugees;
(ii) internally displaced persons; or
(iii) other civilians requiring basic humanitarian
assistance on an urgent basis; and
(B) is caused by one or more situations including--
(i) armed conflict;
(ii) natural disaster;
(iii) significant food shortage; or
(iv) state-sponsored harassment or persecution.
(4) Coordinator.--The term ``coordinator'' means an
individual designated by the Secretary under section 104(a).
(5) Exploitation of children.--The term ``exploitation of
children'' means--
(A) adult sexual activity with children;
(B) kidnapping or forcibly separating children from their
families;
(C) subjecting children to the worst forms of child labor;
(D) forcing children to commit or witness acts of violence,
including compulsory recruitment into armed forces or as
combatants; and
(E) withholding or obstructing access of children to food,
shelter, medicine, and basic human services.
(6) Former combatant.--The term ``former combatant'' means
a woman or child who was a member of or affiliated with an
armed group, including serving as a cook, a porter, or a
messenger, or in a domestic or sexual capacity or in any
other support role, whether or not the woman or child
consented to such participation.
(7) Gender-based violence.--The term ``gender-based
violence'' means causing harm to a person based on gender,
including--
(A) rape;
(B) sexual assault or torture;
(C) sex trafficking and trafficking in persons;
(D) demands for sex in exchange for employment, goods,
services, or protection;
(E) withholding or obstructing access to food, shelter,
medicine, and basic human services; and
(F) other forms of violence based on gender.
(8) HIV.--The term ``HIV'' means the human immunodeficiency
virus, the virus that causes the acquired immune deficiency
syndrome (AIDS).
(9) Inter-agency standing committee.--The term ``Inter-
Agency Standing Committee'' means the Inter-Agency Standing
Committee established in response to United Nations General
Assembly Resolution 46/182 of December 19, 1991.
(10) Protection.--The term ``protection'', with respect to
an individual, a family, a group, or a community, means all
appropriate measures to promote the physical and
psychological security of, provide equal access to basic
services for, and safeguard the legal and human rights and
dignity of, individuals, families, groups, and communities.
(11) Secretary.--The term ``Secretary'' means the Secretary
of State.
(12) Sex trafficking.--The term ``sex trafficking'' has the
meaning given the term in section 103 of Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(13) Trafficking in persons.--The term ``trafficking in
persons'' has the meaning given the term ``severe forms of
trafficking in persons'' in section 103 of Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
(14) Worst forms of child labor.--The term ``worst forms of
child labor'' has the meaning given the term in article 3 of
Convention Number 182 of the International Labor
Organization.

TITLE I--PROGRAM AND POLICY COORDINATION

SEC. 101. FINDINGS.

Congress makes the following findings:
(1) The nature of war has changed dramatically in recent
decades, putting women and children at greater risk of death,
disease, displacement, and exploitation.
(2) Civilians, particularly women and children, account for
the vast majority of those adversely affected by complex
humanitarian emergencies, including as refugees and
internally displaced persons, and increasingly are targeted
by combatants and armed elements for murder, abduction,
forced military conscription, involuntary servitude,
displacement, sexual abuse and slavery, mutilation, and loss
of freedom.
(3) Traditionally, humanitarian response has focused on
providing food, medical care, and shelter needs, while
placing less emphasis on the safety and security of those
affected by a complex humanitarian emergency.
(4) Few well-coordinated efforts exist to prevent and
respond to violence against women and children when they are
refugees or internally displaced persons.
(5) While the United Nations High Commissioner for Refugees
and the Department of State are charged with protecting
refugees, there is no United States Government agency or
international body with a clear mandate to protect internally
displaced persons and those at risk of displacement as a
result of a complex humanitarian emergency.
(6) There is a substantial need for the protection of women
and children to be given a high priority during all complex
humanitarian emergencies.

SEC. 102. PURPOSES.

The purposes of this Act are--
(1) to ensure that the United States Government has
adequate capabilities to support programs that provide for
the protection of women and children who are affected by a
complex humanitarian emergency;
(2) to build the capacities of United States Government
agencies, multilateral institutions, international
nongovernmental organizations, local nongovernmental
organizations, and local communities to prevent and respond
effectively to gender-based violence and exploitation of
children that occur during a complex humanitarian emergency;
and
(3) to provide increased funding for the protection of
women and children affected by a complex humanitarian
emergency.

SEC. 103. REQUIREMENT TO DEVELOP INTEGRATED STRATEGY.

(a) Requirement.--The Secretary shall, in consultation with
the Administrator of the United States Agency for
International Development, develop an integrated strategy for
the protection of women and children who are internally
displaced, made refugees, or otherwise affected by a complex
humanitarian emergency.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report outlining the
strategy described in subsection (a).
(c) Content.--The report required by subsection (b) shall
include--

[[Page S5781]]

(1) an assessment of the specific needs of, and particular
threats to, women and children at the various stages of a
complex humanitarian emergency, especially at the onset of
such emergency;
(2) a description of which agencies and offices of the
United States Government are responsible for addressing each
aspect of such needs and threats;
(3) an evaluation of the needs and threats that are being
adequately addressed and funded, and those which require
additional attention or resources;
(4) a set of guidelines and recommendations for improving
United States and international systems for the protection of
women and children during a complex humanitarian emergency;
and
(5) a mechanism for coordinating and overseeing United
States efforts to prevent and respond to gender-based
violence and exploitation of children that occurs during a
complex humanitarian emergency.

SEC. 104. DESIGNATION OF COORDINATOR.

(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall designate one or
more senior-level officials of the Department of State or the
United States Agency for International Development as a
coordinator or coordinators, as the case may be, to be
responsible for the oversight and coordination of United
States Government efforts to provide protection to women and
children who are affected by a complex humanitarian
emergency.
(b) Duties.--A coordinator designated under subsection (a)
shall--
(1) coordinate the actions taken to carry out the purposes
of this Act, as described in section 102;
(2) be responsible for the oversight and coordination of
United States Government efforts to protect women and
children who are affected by a complex humanitarian
emergency; and
(3) provide United States embassies and consular posts with
mechanisms to warn relief agencies of an impending complex
humanitarian emergency.
(c) Notification.--Not later than 5 days after designating
an official as a coordinator under subsection (a), the
Secretary shall submit the name of such official to the
appropriate congressional committees.

TITLE II--PREVENTION AND PREPAREDNESS

SEC. 201. FINDINGS.

Congress makes the following findings:
(1) The percentage of civilians killed and wounded as a
result of hostilities has risen from 5 percent of all
casualties at the turn of the 19th century to 65 percent
during World War II and to 90 percent in more recent
hostilities. Women and children comprise the majority of
civilian deaths and the majority of all refugees from
hostilities.
(2) In the last decade alone, more than 2,000,000 children
have been killed during wars, while more than 4,000,000 have
survived physical mutilation, and more than 1,000,000 have
been orphaned or separated from their families as a result of
war.
(3) In many armed conflicts, soldiers have destroyed food
supplies and productive capacities, stolen donated food
intended for women and children, and blocked the distribution
of humanitarian aid.
(4) During 2003, an estimated 300,000 children have been
compulsorily recruited into military operations around the
world, including a large number of girls who have been forced
to work as combatants, cooks, messengers, spies, or sexual
slaves for soldiers.
(5) The use of rape, particularly against women and girls,
is an increasingly common tactic in modern war.
(6) The international community has a responsibility
pursuant to the Protocol Relating to the Status of Refugees
done at New York October 4, 1967 (19 UST 6223), the
Convention Relating to the Status of Refugees done at Geneva
July 28, 1951, and the Convention Relative to the Protection
of Civilian Persons in Time of War done at Geneva August 12,
1949 (6 UST 3516), to take preventive action that would
improve preparedness and reduce the vulnerability of women
and children to violence and exploitation.

SEC. 202. EARLY WARNING AND EARLY ACTION SYSTEMS.

(a) Preventive Actions.--Each coordinator shall--
(1) maintain a data base of information related to
occurrences of gender-based violence or exploitation of
children during a complex humanitarian emergency;
(2) develop, based on the information contained in the
database required by paragraph (1) and other research--
(A) a list of early warning signs that indicate there is a
likelihood that gender-based violence or exploitation of
children will occur during a complex humanitarian emergency;
and
(B) a list, that is updated regularly, of countries or
regions where there is an increased risk of gender-based
violence or exploitation of children due to a complex
humanitarian emergency to enhance the preparedness of the
United States Government or organizations funded by the
United States Government to respond to such an emergency;
(3) disseminate to United States embassies and consular
posts the lists described in subparagraphs (A) and (B) of
paragraph (2);
(4) assist embassies and consular posts in responding to an
increased risk of gender-based violence or exploitation of
children that may occur during a complex humanitarian
emergency;
(5) develop a procedure for nongovernmental organizations
to report evidence of gender-based violence and exploitation
of children, during a complex humanitarian emergency to
ensure appropriate response by United States officials; and
(6) establish a reporting and monitoring system for United
States diplomatic missions and consular posts and missions of
the United States Agency for International Development to
collect and submit to the coordinator standardized data on
evidence that women and children are being targeted for or
are at increased risk of violence or exploitation in complex
humanitarian emergencies.
(b) Reporting and Monitoring.--Not later than 30 days after
a country or region is placed on a list maintained under
subsection (a)(1), each United States diplomatic mission and
consular post located in such country or region shall submit
to the appropriate coordinator a description of the measures
undertaken by such mission or post for the protection of
women and children in the event of a complex humanitarian
emergency.
(c) Dissemination of Information.--A coordinator shall make
available to the public, including to nongovernmental
organizations located in areas where there is an increased
risk of gender-based violence or exploitation of children,
the information, procedures, systems, and measures described
in subsections (a) and (b).

TITLE III--SECURITY FOR REFUGEE AND INTERNALLY DISPLACED WOMEN AND
CHILDREN

SEC. 301. FINDINGS.

Congress makes the following findings:
(1) Almost one-half of the world's estimated 37,500,000
refugees and internally displaced persons are children.
(2) Food rations in camps for refugees and internally
displaced persons are often limited and unpredictable, and
vulnerable women rarely have legitimate opportunities to
generate income or products to barter for additional food and
other supplies.
(3) Refugee women and girls face particular threats because
of power inequities, including being forced to exchange sex
for food and humanitarian supplies, and being at increased
risk of rape and gender-based violence due to poor security
in refugee camps.
(4) An investigation into sexual exploitation of refugees
by aid workers in West Africa, conducted by the United
Nations Office of Internal Oversight Services, found many
factors that contribute to the exploitation and abuse of
women and children in refugee situations, including--
(A) few women working in key positions in refugee relief
efforts;
(B) insufficient international staff presence in the camps;
(C) isolation and lack of separate and distinctly placed
sanitary facilities for men and women;
(D) incomplete rations and delayed delivery of supplies to
refugees; and
(E) lack of punishment for perpetrators, including adult
refugees, of sexual crimes against children in refugee
situations.
(5) Refugees and internally displaced persons living
outside of camps experience a range of serious problems
including vulnerability to harassment, abuse, and
exploitation by landlords and employers with little legal
recourse, and constant threat of detention, imprisonment, and
deportation.
(6) Existing nongovernmental organization and international
agency policies, procedures, training programs, monitoring,
and accountability mechanisms have not protected displaced
women and children from exploitation and abuse, provided
adequate assistance to survivors, or to disciplined offenders
and achieved justice.
(7) The limited presence of protection officers and other
trained managerial staff of the United Nations High
Commissioner for Refugees in camps, especially at night,
exacerbates the vulnerability of women and children to abuse
by, in particular, fellow camp residents and nearby local
residents.
(8) In some circumstances, humanitarian agencies have
failed to make women and children aware of their rights to
protection and assistance, to give them access to effective
channels of redress, and to make humanitarian workers aware
of their duty to respect these rights and provide adequate
assistance.
(9) The Inter-Agency Standing Committee has identified
standards of behavior applicable to all of its personnel and
is implementing a plan of action related to protection from
sexual exploitation and abuse to strengthen mechanisms for
protecting those who depend on international aid.

SEC. 302. CODES OF CONDUCT.

(a) Limitation on Assistance.--None of the funds made
available by the Department of State through the Migration
and Refugee Assistance account or the Emergency Refugee and
Migration Assistance account or by any provision of law for
the purposes of the provision of assistance to refugees or
internally displaced persons may be provided to an
organization that has failed to adopt a code of conduct
regarding the protection of beneficiaries of humanitarian
assistance that incorporates the 6 core principles
recommended by the Inter-Agency Standing Committee, as
described in subsection (b).
(b) Core Principles.--The 6 core principles for the
protection of beneficiaries are as follows:
(1) Sexual exploitation and abuse by humanitarian workers
constitute acts of gross

[[Page S5782]]

misconduct and are therefore grounds for termination of
employment.
(2) Sexual activity with persons under the age of 18 years
is prohibited regardless of the age of majority or age of
consent locally. Mistaken belief regarding the age of a child
is not a defense.
(3) Exchange of money, employment, goods, or services for
sex, including sexual favors or other forms of humiliating,
degrading, or exploitative behavior, is prohibited. This
includes exchange of assistance that is due to beneficiaries.
(4) Sexual relationships between the providers and
beneficiaries of humanitarian assistance are strongly
discouraged since they are based on inherently unequal power
dynamics. Such relationships undermine the credibility and
integrity of humanitarian assistance work.
(5) Whenever a humanitarian assistance worker develops
concerns or suspicions regarding sexual abuse or exploitation
by a fellow worker, whether in the same agency or not, the
worker must report such concerns through established agency
reporting mechanisms.
(6) Humanitarian assistance agencies are obliged to create
and maintain an environment that prevents sexual exploitation
and abuse and promotes the implementation of their code of
conduct. Managers at all levels have particular
responsibilities to support and develop systems that maintain
this environment.

SEC. 303. SENSE OF CONGRESS REGARDING ADMINISTRATION
PRACTICES IN CAMPS FOR REFUGEES AND DISPLACED
PERSONS.

It is the sense of Congress that all agencies, including
multilateral and nongovernmental agencies, implementing
United States humanitarian assistance programs should conduct
a thorough review of their administrative, management, and
employment practices in refugee and displaced persons camps
for the purposes of--
(1) significantly increasing the number of women involved
in the distribution of food and humanitarian supplies;
(2) expanding opportunities for women to generate
legitimate income in the camps, including through employment
in the camps;
(3) educating providers and beneficiaries of humanitarian
assistance about the seriousness of gender-based violence and
exploitation of children;
(4) improving expatriate supervision and monitoring of
daily operations in the camps;
(5) improving the design and logistics of camps to create a
safer and more secure environment for women and children,
including through consultation with female camp residents;
(6) keeping formal and detailed records, including
photographs, of locally hired staff, and ensuring that they
are adequately paid and trained;
(7) providing training for humanitarian assistance workers
on their obligations and responsibilities under a code of
conduct;
(8) developing systems of accountability to deter and
punish gender-based violence, exploitation of children, and
other protection violations including through identification
of procedures for reporting and investigating allegations of
abuse that protect the safety and confidentiality of the
survivors; and
(9) ensuring that applicants for jobs in camps are screened
to prevent individuals who may have been involved in
protection violations from being hired by camp authorities.

SEC. 304. HEALTH SERVICES FOR REFUGEES AND DISPLACED PERSONS.

(a) Findings.--Congress makes the following findings:
(1) Complex humanitarian emergencies result in particular
risks for women and girls.
(2) Refugee and displaced women face heightened risks of
developing complications during pregnancy, suffering a
miscarriage, dying, being injured during childbirth, becoming
infected with HIV or another sexually transmitted infection,
or suffering from posttraumatic stress disorder.
(3) Despite the heightened risks for women during a complex
humanitarian emergency, women's needs for specialized health
services have often been overlooked by donors and relief
organizations, which are focused on providing food, water,
and shelter.
(4) Priority activities and emergency supplies designed to
address life-threatening women's health problems during a
complex humanitarian emergency are often not implemented or
made available in the early days and weeks of an emergency,
the period when such activities and supplies are most needed
and may be most effective.
(b) Provision of Health Services.--
(1) Requirements.--Each coordinator shall--
(A) ensure that organizations funded by the United States
that respond to a complex humanitarian emergency have the
resources necessary to address the specific health needs of
women affected by the emergency; and
(B) identify an organization or individual to facilitate
the coordination and implementation of the activities needed
to respond to the health needs of women as soon as
practicable and not later than 30 days after the development
of a complex humanitarian emergency.
(2) Activities defined.--The activities referred to in
paragraph (1)(B) include activities to--
(A) prevent and manage the consequences of sexual violence;
(B) reduce transmission of HIV;
(C) provide obstetric care; and
(D) draft a plan to integrate women's health services into
the primary health care services provided during a complex
humanitarian emergency, including--
(i) collection of background data on maternal, infant and
child mortality, and the rate of HIV infection;
(ii) identification of suitable sites for future delivery
of women's health services by addressing security problems,
accessibility for all potential users, privacy and
confidentiality during visits, easy access to water and
sanitation, appropriate space for users' waiting time, and
aseptic conditions;
(iii) an assessment of the staff capacity to provide
women's health services; and
(iv) a plan for staff training.
(c) Authorization of Appropriations.--There are authorized
to be appropriated $12,000,000 for fiscal year 2004, and
$14,000,000 for fiscal year 2005, to carry out subsection
(b). The amounts authorized to be appropriated in this
subsection are in addition to amounts appropriated for such
fiscal years to the Department of State for the Migration and
Refugee Assistance account, the Emergency Refugee and
Migration Assistance account, or the International Disaster
Assistance account.

SEC. 305. WHISTLEBLOWER SYSTEM.

(a) Design of Model System.--The Secretary should urge the
United Nations High Commissioner for Refugees to work with
nongovernmental organizations to design and implement a model
``whistleblower'' system under which humanitarian workers,
refugees, and internally displaced persons can report
instances of gender-based violence or exploitation of
children. Such a system should ensure that--
(1) reports of instances of gender-based violence or
exploitation of children may be made confidentially and
without risk of retribution;
(2) such reports are swiftly and thoroughly investigated
and adjudicated; and
(3) appropriate disciplinary action is taken against a
person found to have committed an act of gender-based
violence or exploited a child.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees on progress that has
been made toward designing and implementing the model
whistleblower system described in subsection (a).

SEC. 306. WOMEN'S ECONOMIC SELF-SUFFICIENCY.

(a) Findings.--Congress makes the following findings:
(1) It is often difficult to determine when it is safe for
women and children to return to a community affected by a
complex humanitarian emergency, and in many instances the
affected women and children remain refugees or internally
displaced for considerable periods of time.
(2) To reduce vulnerability to exploitation and abuse,
women who are uprooted from their communities must be given
legitimate opportunities to generate income to support
themselves and their families.
(3) In situations of long-term displacement, humanitarian
and development agencies should provide legal assistance,
technical and vocational training, and access to credit for
women, so they can earn a safe and lawful livelihood.
(b) Work Permits.--The Department of State should work with
host governments, the United Nations High Commissioner for
Refugees, and other appropriate United Nations agencies to
ensure that, in situations of long-term displacement,
refugees and internally displaced persons are granted work
permits and other necessary documentation by the host
government and local authorities to enable them to generate
legitimate income.
(c) Amendments to Microenterprise Act of 2000.--Section 102
of the Microenterprise for Self-Reliance Act of 2000 (22
U.S.C. 2151f note) is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (B), (C), and (D) and
subparagraphs (C), (D), and (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) Women displaced by armed conflict are particularly at
risk, lacking access to traditional livelihoods and means for
generating income.''; and
(2) in paragraph (13)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Particular efforts should be made to expand the
availability of microcredit programs to internally displaced
persons, who historically have not had access to such
programs.''.
(d) Amendments to the Foreign Assistance Act.--Chapter 1 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended--
(1) in section 108 (22 U.S.C. 2151f)--
(A) in subsection (b)(3), by inserting after
``microentrepeneurs'' the following: ``, with an emphasis on
women microentrepeneurs,''; and
(B) by adding at the end the following new subsection:
``(g) Reporting Requirement.--The Administrator of the
agency primarily responsible for administering this part, as
part of the annual congressional presentation documents of
the agency, shall submit to Congress a report that contains--

[[Page S5783]]

``(1) an estimate of the number of women living below the
national poverty line that have secured loans or received
training through the programs described in this Act;
``(2) the percentage of women borrowers in programs funded
by the agency under this Act;
``(3) the percentage of the total loan funds disbursed by
the agency under this Act that were made available to women
borrowers; and
``(4) a discussion of the impact that such loans have had
on the economic status of such women.''; and
(2) in section 131 (22 U.S.C. 2151a)--
(A) in subsection (b)(1)(D), by inserting before the period
at the end 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 before the period
at the end the following: ``, including women's
organizations''; and
(C) in subsection (c)--
(i) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively, and
realigning such subparagraphs, as so redesignated, four ems
from the left margin;
(ii) by striking ``In order'' and inserting the following:
``(1) Establishment.--In order'';
(iii) in subparagraph (D), as redesignated by clause (i),
by striking ``paragraph (3)'' and inserting ``subparagraph
(C)''; and
(iv) by adding at the end the following new paragraph:
``(2) Disaggregation.--All goals, indicators, analyses, and
recommendations required by this section shall be
disaggregated by sex.''.
(e) Microfinance Grants.--
(1) In general.--Of the funds made available for the
Department of State under section 135(b)(2) of the Foreign
Assistance Act of 1961 (as added by section 501 of this Act),
$1,500,000 may be made available to provide grant
assistance--
(A) to microfinance institutions for the purpose of
expanding the availability of credit, savings, training,
technical assistance, business development services, and
other financial services to very poor entrepreneurs, as
defined in section 131(b)(3) of the Foreign Assistance Act of
1961, who are refugees; and
(B) for policy and regulatory programs at the country level
that improve the environment for microenterprise among
refugee populations.
(2) Grant providers.--Assistance described in paragraph (1)
shall be provided through United States and indigenous
private and voluntary organizations, credit unions,
cooperatives, and other nongovernmental organizations with a
capacity to develop and implement microenterprise programs.

SEC. 307. INTERNATIONAL MILITARY EDUCATION AND TRAINING.

Section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347) is amended--
(1) by striking ``or (iv)'' and inserting ``(iv)''; and
(2) by striking ``rights.'' and inserting ``rights, or (v)
improve the protection of civilians, especially women and
children who are affected by armed conflict, including those
who, as a result of an armed conflict, are refugees or
displaced persons.''.

SEC. 308. PROTECTION INITIATIVES.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary and the Administrator of the United
States Agency for International Development should continue
to develop protection initiatives that support
nongovernmental organizations and multilateral institutions
in identifying protection problems associated with complex
humanitarian emergencies and strategies for prevention of
gender-based violence and exploitation of children and
accountability during a complex humanitarian emergency,
including--
(A) training of field workers on identifying and responding
to gender-based violence and the exploitation of children;
(B) support for the rapid deployment of personnel trained
to identify protection needs to areas affected by complex
humanitarian emergencies;
(C) support for registration initiatives which document
refugees and internally displaced persons for purposes
including the provision of assistance to such persons and of
family reunification; and
(D) support for programs that provide assistance to women
who were displaced due to a complex humanitarian emergency,
including--
(i) psycho-social counseling;
(ii) training related to income generation and employment
skills; and
(iii) emergency health care required to respond to gender-
based violence; and
(2) the United Nations High Commissioner for Refugees
should review--
(A) its placement practices to ensure that--
(i) senior protection officials are assigned to the posts
where women and children are in the most danger of gender-
based violence or exploitation;
(ii) experienced protection officers are present at border
crossings; and
(iii) more female staff are present in camps for refugees
or displaced persons; and
(B) its personnel system to facilitate the hiring of
successful junior professional officers on a permanent basis
following their initial tours of duty.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall report to the
appropriate congressional committees any steps taken to
develop the protection initiatives described in subsection
(a).

SEC. 309. ACCOUNTABILITY.

(a) Required Actions.--Each coordinator shall--
(1) report allegations of gender-based violence,
exploitation of children, and other protection violations to
the Inter-Agency Standing Committee for appropriate response;
and
(2) request an annual report from the United Nations High
Commissioner for Refugees on the actions taken by the High
Commissioner to prevent gender-based violence, exploitation
of children, and other protection violations.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall transmit to the appropriate congressional committees
the report described in paragraph (2) of subsection (a).

TITLE IV--POSTCONFLICT RECONSTRUCTION AND REHABILITATION

SEC. 401. FINDINGS.

Congress makes the following findings and statements of
policy:
(1) The United Nations Security Council Resolution 1325 of
October 31, 2000, called on all actors involved in the
negotiation and implementation of peace agreements to address
the specific needs of women and girls during and after armed
conflicts.
(2) Women and children can play an important role in the
prevention and resolution of armed conflicts and in peace-
building.
(3) Despite positive roles of women in fostering peace,
they are excluded from most peace negotiations at the
diplomatic and operational level.
(4) Effective institutional arrangements designed to ensure
the protection and full participation of women and youth in
the peace process, including peacekeeping as well as peace-
building, can significantly contribute to the maintenance and
promotion of international peace and security.
(5) Rape should receive special attention by war crimes
tribunals, truth and reconciliation panels, and other organs
of justice.
(6) Assistance that is linked to peace processes should
support and strengthen women's roles as economic leaders and
assist women in accessing the global marketplace.
(7) Women must be afforded an equal role in decisionmaking
to ensure that their interests are represented at all levels
of government.

SEC. 402. SUPPORT FOR COMMUNITIES AND FORMER COMBATANTS.

(a) Requirement for Programs.--The Secretary, in
conjunction with the Administrator for the United States
Agency for International Development, shall develop and
implement specific programs to provide assistance to
communities that have been affected by a complex humanitarian
emergency and to former combatants, including:
(1) Economic development.--Multi-year economic development
programs that are intended to provide gender-balanced
benefits and to assist female heads of households.
(2) Productive assets.--Programs to increase access to or
ownership of productive assets such as land, agricultural
equipment, and credit by women.
(3) Education and training.--Education and training
programs that are integrated with economic development
programs to encourage the reintegration of former combatants
into society and to promote post-conflict stability in
affected communities.
(4) Extension of education and training.--Programs to
extend education and training, including training in business
development, to women and girls.
(5) Political empowerment.--Programs to politically empower
women, including training to assist women and women's
organizations in understanding legal systems, electoral
processes, legislation advocacy, and the role of the media,
public affairs and information technology in politics, and in
obtaining leadership positions.
(b) Programs of the International Bank for Reconstruction
and Development.--The United States Executive Director of the
International Bank for Reconstruction and Development shall
work to ensure that disarmament, demobilization, and
reintegration programs developed and funded by the
International Bank for Reconstruction and Development provide
benefits to former combatants that are comparable to the
benefits provided by such programs to other individuals.

SEC. 403. POLICE REFORM AND ACCOUNTABILITY.

(a) Findings.--Congress makes the following findings:
(1) In many developing and postconflict countries, police
and military forces continue to function as instruments of
repression, coercion, and centralized power, even after a
transition to democracy has begun.
(2) In order for a transitional, postconflict society to
become stable and democratic, it is necessary for the
government of such society to make a clear separation between
police and military functions, and clearly define the
military forces that are subject to civilian, democratic
control, and the point at which police forces become
accountable, representative service-providers to local
communities.

[[Page S5784]]

(3) Police officers in developing and postconflict
countries are often paid minimal salaries and receive little
or improper training, resulting in widespread police
corruption and citizens viewing the police as an obstacle to
justice rather than the enforcer of justice.
(4) Successful professionalization and democratic reform of
police forces requires not only adequate financial resources,
but also concurrent strengthening of the rule of law and
system of justice, transparency, and cooperation with local
community and human rights organizations, removal of corrupt
and abusive personnel, and political will for meaningful
reform at the highest levels of government.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees on all current
programs to assist nations to reconstitute civilian police
authority and capability following a complex humanitarian
emergency, including ensuring the enforcement of laws that
are designed to protect women and children and improve
accountability for gender-based violence.

SEC. 404. SENSE OF CONGRESS REGARDING THE IMPROVEMENT OF
UNITED NATIONS PEACEKEEPING OPERATIONS.

It is the sense of Congress that the United Nations
Department of Peacekeeping Operations should--
(1) ensure that gender issues are mainstreamed into its
peacekeeping missions, including by establishing a senior
gender advisor post within the Department of Peacekeeping
Operations which reports directly to the Under Secretary
General for Peacekeeping Operations;
(2) provide military, police, and civilian personnel
deployed to areas where women and children are at risk of
gender-based violence or exploitation with training materials
that--
(A) assist such personnel with protecting and addressing
the particular needs of women and children; and
(B) were developed in consultation with women's
organizations; and
(3) ensure that the Special Representative of the Secretary
General of the peacekeeping mission has direct contact with
local women leaders or women's organizations in the area in
which the peacekeepers are deployed for the purpose of
obtaining information regarding gender-based violence or
exploitation of children.

TITLE V--WOMEN AND CHILDREN'S PROTECTION ASSISTANCE

SEC. 501. WOMEN AND CHILDREN'S PROTECTION ASSISTANCE.

Chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended by adding at the end the
following new section:

``SEC. 135. WOMEN AND CHILDREN'S PROTECTION ASSISTANCE.

``(a) Authority.--Notwithstanding any other provision of
law, and subject to the limitations of subsection (b), the
President is authorized to provide assistance for programs,
projects, and activities to promote the security of, provide
equal access to basic services for, and safeguard the human
rights and dignity of civilian women and children who are
refugees, displaced persons, or living in areas affected by a
complex humanitarian emergency. Such assistance shall include
programs--
``(1) to build the capacity of nongovernmental
organizations to protect women and children during a complex
humanitarian emergency, by training staff, incorporating
cross-sectored initiatives that promote child protection,
collecting and analyzing data, developing curricula,
designing field programs, and building local partnerships;
``(2) to support local and international nongovernmental
initiatives to prevent, detect, and report exploitation of
children and gender-based violence, including through the
provision of training humanitarian protection monitors for
refugees and internally displaced persons;
``(3) to conduct protection and security assessments for
refugees and internally displaced persons in camps or in
communities, with special emphasis on the security of women
and children for the purposes of improving the design and
security of camps for refugees and internally displaced
persons, including provision for lights, fences, radios, and
other logistics and durable goods;
``(4) to provide, when practicable, education during a
complex humanitarian emergency, including primary, secondary,
remedial, and accelerated education, vocational and technical
training, health and safety awareness, and other structured
activities that create safe spaces for children and
adolescents, especially for girls;
``(5) to reintegrate and rehabilitate former combatants and
survivors of gender-based violence, including through
remedial and accelerated education, technical, and vocational
training, psychosocial assistance and trauma counseling,
family and community reinsertion, medical assistance, and
strengthening community systems to support sustained
reintegration;
``(6) to establish registries and clearinghouses to trace
relatives and begin family reunification, with a specific
focus on helping children find their families;
``(7) to provide interim care and placement for separated
children and orphans, including monitoring and followup
services;
``(8) to provide legal services for survivors of rape,
torture, and other forms of gender-based violence, including
the collection of evidence for war crimes tribunals and
advocacy for legal reform; and
``(9) to provide training in human rights and humanitarian
law, particularly as they relate to the protection of women
and children, to local law enforcement personnel in areas of
high concentration of refugees and internally displaced
persons.
``(b) Complex Humanitarian Emergency Defined.--In this
section, the term `complex humanitarian emergency' means a
situation that--
``(1) occurs outside the United States and results in a
significant number of--
``(A) refugees;
``(B) internally displaced persons; or
``(C) other civilians requiring basic humanitarian
assistance on an urgent basis; and
``(2) is caused by one or more situations including--
``(A) armed conflict;
``(B) natural disaster;
``(C) significant food shortage; or
``(D) state-sponsored harassment or persecution.
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the President $45,000,000 for each of fiscal years 2004
and 2005 to carry out this section.
``(2) Allocation of funds.--Of the amounts authorized to be
appropriated under paragraph (1), in each fiscal year,
$25,000,000 shall be administered by the United States Agency
for International Development and $20,000,000 shall be
administered by the Department of State.
``(3) Limitation.--Of the amounts authorized to be
appropriated under paragraph (1)--
``(A) not more than $2,000,000 shall be made available in a
fiscal year for the programs described in subsection (a)(5);
and
``(B) not more than $2,000,000 may be transferred in each
fiscal year to the Department of Justice to provide training
for foreign law enforcement personnel in the investigation
and prosecution of gender-based violence and exploitation of
children.
``(4) Relation to existing law.--The authority provided by
subsection (a) shall be subject to the limitations and
prohibitions contained in section 104(f).
``(5) Additional funds.--Amounts authorized to be
appropriated by this section shall be made available, in
addition to funds otherwise made available under this part,
to the Department of State for the Migration and Refugee
Assistance account or the Emergency Refugee and Migration
Assistance account, or to the United States Agency for
International Development for the International Disaster
Assistance account.
``(6) Competitive grants.--Amounts authorized to be
appropriated by this section shall be made available in the
form of grants and cooperative agreements that are issued on
an open and competitive basis.
``(7) Availability of funds.--Amounts appropriated pursuant
to this section are authorized to remain available until
expended.''.
______

By Mr. McCAIN (for himself, Mr. Brownback, Mr. Edwards, and Mr.
Graham of South Carolina):
S. 1002. A bill to direct the National Institute of Standards and
Technology to establish a program to support research and training in
methods of detecting the use of performance-enhancing drugs by
athletes, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. McCAIN. Mr. President, today, I am joined by my colleagues
Senators Brownback, Edwards and Graham in introducing the Amateur
Sports Integrity Act of 2003. This legislation would make it illegal to
gamble on Olympic, college, or high school sports, and it would
authorize appropriations for the National Institute of Standards and
Technology to fund research into methods of detection and prevention of
the use athletic performance-enhancing drugs. The bill is similar to
legislation that has been reported twice in previous Congresses.
The legislation is designed to respond to a number of troubling
issues plaguing amateur athletics, including a gambling epidemic among
high school and college students, and a significant increase among our
youth in the use of performance-enhancing drugs and supplements. This
bill is essential to ensuring the integrity and legitimacy of amateur
athletics--an important institution in the social fabric of this
country.
This bill would codify a recommendation made by the congressionally-
created National Gambling Impact Study Commission, NGISC, to ban
betting on collegiate and amateur athletic events. In the summary of
its comprehensive report to Congress dated June 1999, the NGISC noted
growing concern regarding increasing levels of sports wagering by high
school and college students. The NGISC cites a 1996 study sponsored by
the National Collegiate Athletic Association, which found that of the
over

[[Page S5785]]

200 student athletes surveyed in Division I basketball and football
programs, more than one in four admitted to betting on college sports
while in school.
More recently, a study conducted by the Psychology Department of
Central Connecticut State University contends that the problem of
gambling among college students has been relatively overlooked when
studying student risk-taking behavior. The study links legal and
illegal gambling by indicating that, ``it is reasonable to expect that
the growth of legalized gambling over the past decade would result in
an increase in student gambling and gambling problems, including
students who gamble at a pathological level.'' It is important to
understand that gambling is not a problem that occurs in a vacuum. The
Connecticut study found that one out of nine students at four
Connecticut universities suffered from a gambling problem that was
``significantly connected'' to substance and dietary problems, such as
marijuana use, cigarette smoking, and binge eating and drinking.
Just as the use of performance-enhancing drugs threatens the
integrity of amateur sports, so does gambling, as it invites public
speculation as to their legitimacy and transforms student athletes into
merely objects to be bet upon. Betting can also provide unnecessary
temptation to amateur athletes to agree to point-shaving and other
outcome-fixing schemes at the expense of their teammates, their fans,
and their futures. Many of the same pressures that lead college players
to cheat also push these young people to use performance-enhancing
drugs. The combination of stresses placed on student athletes to
perform athletically, handle newly-found notoriety, and pursue
professional athletic careers drive many to seek an edge through the
use of such substances.
Although the Amateur Sports Integrity Act would ban legal gambling on
amateur athletics, it may also reduce a substantial amount of illegal
gambling. The relationship between legal and illegal gambling was
addressed by the NGISC, which observed that ``legal sports wagering--
especially the publication in the media of Las Vegas and offshore-
generated point spreads fuels a much larger amount of illegal sports
wagering.''
In 1992, Congress recognized the Federal interest in protecting
amateur sports from the harmful effects of gambling, and prohibited
state-sanctioned sports betting in the overwhelming majority of states.
Although Congress ``grandfathered'' Nevada, Oregon, Montana, and
Delaware, only Nevada has chosen to permit legal gambling on amateur
sports. Recently, however, the gaming industry has lobbied aggressively
in an effort to convince the Delaware State legislature to exploit the
loophole by legalizing gambling on amateur and professional sports.
Congress must act quickly to close the loophole that currently allows
just a handful of States to serve as national clearinghouses for
betting on our youth. By allowing betting in any state, we send a
confusing message to our youth as to whether gambling on amateur
athletics is, in fact, legal or illegal. While I do not pretend that
this bill solves all problems associated with gambling and the use of
performance-enhancing drugs, I do believe that it will send a clear
message that gambling on amateur athletics and the use of these
substances is dangerous and wrong.
I urge my colleagues to respond to the pleas of prominent college
presidents and coaches, and join in supporting this important measure.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
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 ``Amateur Sports Integrity
Act''.

TITLE I--PERFORMANCE ENHANCING DRUGS

SEC. 101. SHORT TITLE.

This Title may be cited as ``Athletic Performance-Enhancing
Drugs Research and Detection Act''.

SEC. 102. RESEARCH AND DETECTION PROGRAM ESTABLISHED.

(a) In General.--The Director of the National Institute of
Standards and Technology shall establish and administer a
program under this title to support research into the use of
performance-enhancing substances by athletes, and methods of
detecting their use.
(b) Grants.--
(1) In general.--The program shall include grants of
financial assistance, awarded on a competitive basis, to
support the advancement and improvement of research into the
use of performance-enhancing substances by athletes, and
methods of detecting their use.
(2) Banned substances.--In carrying out the program the
Director shall consider research proposals involving
performance-enhancing substances banned from use by
competitors in events sanctioned by organizations, such as
the International Olympic Committee, the United States
Olympic Committee, the National Collegiate Athletic
Association, the National Football League, the National
Basketball Association, and Major League Baseball.
(3) Research concentration.--In carrying out the program,
the Director shall--
(A) fund research on the detection of naturally-occurring
steroids, such as testosterone, and other testosterone
precursors (e.g., androstendione), and other substances, such
as human growth hormone and erythropoietin for which no tests
are available but for which there is evidence of abuse or
abuse potential;
(B) fund research that focuses on population studies to
ensure that tests are accurate for men, women, all relevant
age, and major ethnic groups; and
(C) not fund research on drugs of abuse, such as cocaine,
phencyclidine, marijuana, morphine/codeine, benzodiazepines,
barbiturates, and methamphetamine/amphetamine.
(c) Technical and Scientific Peer Review.--
(1) In general.--The Director shall establish appropriate
technical and scientific peer review procedures for
evaluating applications for grants under the program.
(2) Implementation.--The Director shall--
(A) ensure that grant applicants meet a set of minimum
criteria before receiving consideration for an award under
the program;
(B) give preference to laboratories with an established
record of athletic drug testing analysis; and
(C) establish a minimum individual grant award of not less
than $500,000 per fiscal year.
(3) Criteria.--The list of minimum criteria shall include
requirements that each applicant--
(A) demonstrate a record of publication and research in the
area of drug testing;
(B) provide a plan detailing the direct transference of the
research findings to lab applications in athletic drug
testing; and
(C) certify that it is a not-for-profit research program.
(4) Results.--The Director also shall establish appropriate
technical and scientific peer review procedures for
evaluating the results of research funded, in part or in
whole, by grants provided under the program. Each review
conducted under this paragraph shall include a written report
of findings and, if appropriate, recommendations prepared by
the reviewer. The reviewer shall provide a copy of the
report to the Director within 30 days after the conclusion
of the review.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Director of the National Institute
of Standards and Technology $4,000,000 per fiscal year to
carry out this section for fiscal years 2004, 2005, 2006,
2007, and 2008.

SEC. 103. PREVENTION AND INTERVENTION PROGRAMS.

(a) In General.--The Director of the National Institute of
Standards and Technology shall develop a grant program to
fund educational substance abuse prevention and intervention
programs related to the use of performance-enhancing
substances described in section 102(b)(2) by high school and
college student athletes. The Director shall establish a set
of minimum criteria for applicants to receive consideration
for an award under the program. The list of minimum criteria
shall include requirements that each applicant--
(1) propose an intervention and prevention program based on
methodologically sound evaluation with evidence of drug
prevention efficacy; and
(2) demonstrate a record of publication and research in the
area of athletic drug use prevention.
(b) Minimum Grant Award.--The Director shall establish a
minimum individual grant award of not less than $300,000 per
fiscal year.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Director of the National Institute
of Standards and Technology $3,000,000 per fiscal year to
carry out this section for fiscal years 2004, 2005, 2006,
2007, and 2008.

TITLE II--GAMBLING

SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES
INVOLVING HIGH SCHOOL AND COLLEGE ATHLETES AND
THE OLYMPICS.

(a) In General.--The Ted Stevens Olympic and Amateur Sports
Act (chapter 2205 of title 36, United States Code) is amended
by adding at the end the following new subchapter:

``SUBCHAPTER III--MISCELLANEOUS

``Sec. 22051. Unlawful sports gambling: Olympics; high school
and college athletes

``(a) Prohibition.--It shall be unlawful for--
``(1) a governmental entity to sponsor, operate, advertise,
promote, license, or authorize by law or compact, or

[[Page S5786]]

``(2) a person to sponsor, operate, advertise, or promote,
pursuant to law or compact of a governmental entity,

a lottery, sweepstakes, or other betting, gambling, or
wagering scheme based, directly or indirectly, on a
competitive game or performance described in subsection (b).
``(b) Covered Games and Performances.--A competitive game
or performance described in this subsection is the following:
``(1) One or more competitive games at the Summer or Winter
Olympics.
``(2) One or more competitive games in which high school or
college athletes participate.
``(3) One or more performances of high school or college
athletes in a competitive game.
``(c) Applicability.--The prohibition in subsection (a)
applies to activity described in that subsection without
regard to whether the activity would otherwise be permitted
under subsection (a) or (b) of 3704 of title 28.
``(d) Injunctions.--A civil action to enjoin a violation of
subsection (a) may be commenced in an appropriate district
court of the United States by the Attorney General of the
United States, a local educational agency, college, or sports
organization, including an amateur sports organization or the
corporation, whose competitive game is alleged to be the
basis of such violation.
``(e) Definitions.--In this section:
``(1) High school.--The term `high school' has the meaning
given the term `secondary school' in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
``(2) College.--The term `college' has the meaning given
the term `institution of higher education' in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 8801).
``(3) Local educational agency.--The term `local
educational agency' has the meaning given that term in
section 14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801).''.
(b) Clerical Amendment.--The table of sections at the
beginning of that Act (chapter 2205 of title 36, United
States Code) is amended by adding at the end the following:

``SUBCHAPTER III--MISCELLANEOUS

``220541. Unlawful sports gambling: Olympics; high school and college
athletes.''.
______

By Mr. CRAIG.
S. 1003. A bill to clarify the intent of Congress with respect to the
continued use of established commercial outfitter hunting camps on the
Salmon River; to the Committee on Energy and Natural Resources.
Mr. CRAIG. Mr. President I rise to introduce legislation that will
remove any ambiguity as to the intent of the Central Idaho Wilderness
Act of 1980 to provide for continuation of the historical use of
outfitter hunting camps on the Salmon River. In short, these lodges
were established well before the river designation, have been managed
as a part of the river designation for 23 years and allow users, in
particular the elderly and the physically challenged, to have access to
and enjoy the spirit of this wild area. Their rustic nature upholds the
ideals envisioned by Congress, and they are used in accordance with all
provisions of the law.
I am mystified as to why someone would want to eliminate this
historical use. However, that is what some extreme wilderness
organizations would like to do. They want the Forest Service and the
Courts to ignore the intent of Congress in establishing the Central
Idaho Wilderness Act and re-establish a pristine area which blocks
access to many current users.
In the Findings Section of the Central Idaho Wilderness Act, it is
clearly stated that ``protection can be provided--to the Salmon River--
without conflicting with established uses.'' It is my understanding
that a great deal of time and effort was put into crafting this
designation so that established and historic uses of the area would be
maintained while preserving one of our Nation's treasures--the River of
No Return.
In reading the voluminous hearing record and report language, I found
references to ``lodges,'' ``hunting lodges,'' ``outfitters lodges,''
and ``commercial services may be performed'' throughout the record. It
is clear to me that Senator Church, of Idaho, the main proponent of the
legislation, intended for these lodges to remain. The report language
specifically states, ``We favor administration of the main Salmon River
under the provisions of the Wild and Scenic River Act so as to permit
continuation, as appropriate, of motorized travel on the river and
outfitter and camping facilities.''
However, I believe the record shows Senator McClure of Idaho was more
of a prophet when he stated, ``Whether it is this year, next year, or 5
years from now, or 10 years from now, some forest administrator in the
area is going to say it would be a lot more convenient for us to manage
that problem if we did not have to deal with that guy that is there. .
. . We all know that it was intended for the wild and scenic river
classification as attached to that river, that the existing use was
going to be permitted to continue; and then, all of a sudden, we find
out that that is now unacceptable.''
Senator McClure is off by only 20 years and it is not a forest
administrator, but an extreme wilderness organization that is seeking
the elimination of these well established lodges.
This legislation clarifies that these three specific lodges are an
established and historical use in the Central Idaho Wilderness Act and
should remain a part of the legacy of this great river.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1003

Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
Section 1. Section 3(a)(24) of P.L. 90-542 (16 U.S.C. Sec.
1274) is amended to add the following after paragraph (C) and
redesignate subsequent paragraphs accordingly:
``(D) The established use and occupancy of lands and
maintenance or replacement of facilities and structures for
commercial recreation services at Stub Creek located in
Section 28, T24N, R14E, Boise Principal Meridian, at Arctic
Creek located in Section 21, T25N, R12E, Boise Principal
Meridian and at Smith Gulch located in Section 27, T25N,
R12E, Boise Principal Meridian shall continue to be
authorized, subject to such reasonable regulation as the
Secretary deems appropriate, including rules that would
provide for termination for non-compliance, and if
terminated, reoffering the site through a competitive
process.''
______

By Mr. DURBIN (for himself, Ms. Collins, and Mrs. Clinton):
S. 1004. A bill to ensure that children at highest risk for asthma,
vision, hearing, and other health problems are identified and treated;
to the Committee on Finance.
Mr. DURBIN. Mr. President, I rise today to introduce the Healthy
Children Learn Act with my colleague from Maine, Senator Collins. I am
also pleased to have Senator Clinton as an original cosponsor of this
measure. This legislation focuses on eliminating some bureaucratic
barriers that make it more difficult for schools to provide their
students with health care services, if they so choose.
Many schools have found that the health of a child can significantly
affect his or her ability to learn. To enhance children's learning
ability and to increase the well-being of their students, these schools
sometimes choose to provide health care services including health care
screenings.
One example of a disease that significantly affects children's
education is asthma. Asthma is the single greatest reason for school
absenteeism today. Over five million children in America suffer from
asthma. Forty-nine percent of children with asthma missed school in the
last year, and 48 percent of children with asthma are limited in sports
and recreation. Lack of physical activity, in turn, can lead to
childhood obesity with its concomitant health care problems.
``America is in the middle of an asthma epidemic--an epidemic that is
getting worse, not better.'' So says the PEW Environmental Health
Commission in its most recent report on asthma. The prevalence of
asthma continues to rise at astounding rates, in every region of the
country and across all demographic groups, whether measured by age,
race or sex.
My home State of Illinois has some of the highest rates of childhood
asthma in the country. Unfortunately, Chicago has the highest childhood
asthma-related death rate in the Nation. Over 60 percent of childhood
admissions to the emergency room in Chicago are for asthma. This
disease exacts a very significant toll on children in my State.
For the next 15 minutes, imagine breathing through a tiny straw the
size of a coffee stirrer, never getting enough air. Now imagine
suffering through the process three to six times a day. This is asthma.
Can a child really concentrate on learning when he or she is gasping
for air?
Due to the very high rates of asthma in Chicago and its effects on
absenteeism and children's ability to learn

[[Page S5787]]

when at school, the Chicago Public Schools, CPS, instituted an asthma
screening program. The school system developed an asthma manual to
provide a standard plan of care for all students with asthma. They
provided citywide nurse training to develop a uniform, high standard
for approaching students with asthma and their parents and high-quality
education about the environmental triggers for asthma and how to lessen
them, together with education on how to use asthma inhalers. In 1999,
they identified 12,374 cases of asthma. CPS continues to monitor and
evaluate this program, and they have also partnered with other
organizations such as the American Red Cross Asthma Program, the
University of Chicago and the Chicago Department of Public Health
Asthma Programs. CPS has also developed parent tutoring programs and
has linked asthmatic children with primary health care providers for
appropriate follow-up.
All of these efforts are extremely important, but they are resource
intensive. This legislation addresses a barrier to children receiving
vital health screenings in schools. It provides for a $10 million grant
program for school districts such as CPS to apply for funds for asthma
screening for those children who are not eligible for either S-CHIP or
Medicaid. The grants would be targeted to those districts that have the
highest prevalence or deaths associated with asthma.
CPS has also found that a child's ability to learn is affected by
impaired vision and hearing, and as a result, children with vision
deficits are far more likely to fail academically. In 1998, CPS found
that children who were retained failed their school-based vision
screening at a rate 50 percent higher than children who were not
failing. Likewise, children who have difficulty hearing often struggle
with language development, social processes and communication. This can
seriously impair all aspects of the educational process. Through these
programs, CPS has provided more than 5,000 free eye exams, and 4,000
free pairs of glasses have been dispensed. They currently are
reimbursed less than 40 percent of the cost of the vision and hearing
screenings. To address some of these funding shortfalls, this
legislation creates a $10 million grant program for vision and hearing
screening.
This legislation would also remove barriers that prevent school
systems from receiving reimbursement for health screenings are
services. Schools that make the extra effort to provide their students
health care services should be adequately reimbursed. For an example,
when they provide Medicaid-eligible children with Medicaid-covered
services, they should receive appropriate reimbursement for those
services. Likewise, reimbursement for the S-CHIP program should be
available for covered services for children enrolled or eligible for
the program. and clarifies Medicaid payment rules so that schools can
be reimbursed when they provide a Medicaid covered service to a
Medicaid child.
No child should have his or her education threatened by the lack of
effective screening to diagnose these health problems. The treatments
or corrective devices are available and we should see to it that the
children receive them when necessary. The Healthy Children Learn Act
will help children receive the health care services they need so that
they can seize the educational opportunities available to them.
______

By Mr. LEAHY (for himself, Mr. Lugar, Mr. Bingaman, Mr. Dodd, and
Mr. Jeffords):
S. 1007. A bill to amend the Child Nutrition Act of 1966 to promote
better nutrition among school children participating in the school
breakfast and lunch programs; to the Committee on Agriculture,
Nutrition, and Forestry.
Mr. LEAHY. Mr. President, I am pleased to introduce today with my
respected colleague from Indiana, Senator Lugar, a bill designed to
improve the health of our Nation's schoolchildren. I am also pleased to
have the support of Senators Bingaman, Dodd and Jeffords, who have
worked with me in past Congresses on this bill. I am hopeful that in
the coming weeks many more Senators will join us in this important
effort.
We have an obesity crisis in America. Too many children are gaining
too much weight. Advertisements for soda and candy bombard them from
television, vending machines, and grocery store aisles. Schools,
however, should be a healthy refuge from the outside world, where kids
can learn to make the right choices when it comes to their diets.
Nutrition education needs to be a critical component of every child's
school day. But with all of the funds that Congress rightly
appropriates each year for nutrition education and healthy school
lunches and meals, our Nation's efforts are severely undermined when
children have to walk through a gauntlet of vending machines offering
unhealthy choices on the way to the cafeteria.
Under current regulations, schools may not offer soda, hard candies
or other foods of minimal nutritional value in the cafeteria during
lunch or breakfast. Unfortunately, some private companies have offered
schools signing bonuses to openly flout this restriction, at times
lining the halls to the cafeterias with foods that provide absolutely
no nutritional value. In February 2001, the Washington Post reported
that a school in Maryland had signed a contract with a soda company
that contained a clause forbidding the school from enforcing the
Federal ban on soda machines in schools. The clause read ``If the Board
of Education actively enforces the policy in which vending machines are
turned off during the school day, the commission guarantee will be
suspended.'' In other words, the schools could only get commissions
from the vending machines if they broke the law.
We can not sell our children's health to the highest bidder on a
sodas contract. That is why our bill would give the Secretary of
Agriculture authority to more effectively restrict the sale of soft
drinks and other foods of minimal nutritional value in schools that
participate in the Federal school lunch program. We would give the
Secretary authority to regulate these foods throughout the school
grounds, until the end of the school lunch period. Our bill also
mandates that the Secretary use the best science available to determine
which foods provide no nutritional value. My bill will ensure that
students are not substituting empty calorie sodas and snacks for their
nutritious federally subsidized school meals.
According to a report issued by the Center for Science and the Public
Interest, 20 years ago boys consumed more than twice as much milk as
soda; now boys and girls drink twice as much soda as milk. This is a
huge problem, particularly for girls--the teenage years are critical
for building up a woman's lifetime supply of calcium. Girls who
substitute soda for milk are at a greater risk for developing
osteoporosis later in life. We must provide our kids with better
options. I have no problem with vending machines themselves, but let's
get vending machines that sell fresh milk, fruits and vegetables into
our schools.
Senator Lugar and I have successfully worked together on many
important issues relating to child nutrition and agriculture in the
past. I am extremely pleased that we can work together again to create
healthier schools and healthier children.
I ask unanimous consent that the text of the Better Nutrition for
Schoolchildren Act of 2003 be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1007

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 ``Better Nutrition for School
Children Act of 2003''.

SEC. 2. FOODS OF MINIMAL NUTRITIONAL VALUE.

(a) In General.--Section 10 of the Child Nutrition Act of
1966 (42 U.S.C. 1779) is amended--
(1) in subsection (a), by inserting ``(throughout the
entire school, including the school grounds, until the end of
the time of service of food under the school lunch program
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.))'' after ``participating schools'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (a) the following:
``(b) Basis.--The Secretary shall promulgate the
regulations required under subsection (a) based on sound
nutritional science, as determined by the Secretary.

[[Page S5788]]

``(c) Factors.--In promulgating the regulations required
under subsection (a), the Secretary shall consider--
``(1) the nutritional needs of students in various grade
levels;
``(2) the proximity of any area where foods of minimal
nutritional value may be sold, donated, or served without
charge to the food service facilities or areas;
``(3) the extent to which students will likely substitute
consumption of foods of minimal nutritional value for other
food served in participating schools under this Act and the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.); and
``(4) the benefits to a school of permitting the sale,
donation, or service without charge of foods of minimal
nutritional value, including the extent to which the proceeds
of such sales inure to the benefit of a school or an
organization of students approved by a school.''.
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall
promulgate such regulations as are necessary to implement the
amendments made by this section.
(2) Foods of minimal nutritional value.--In promulgating
the regulations, the Secretary shall review and (as
necessary) revise the definition of ``foods of minimal
nutritional value'' that is used to carry out the Child
Nutrition Act of 1966 (42 U.S.C. 1786) and the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(3) Procedure.--The promulgation of the regulations and the
administration of the amendments made by this section shall
be made without regard to chapter 35 of title 44, United
States Code (commonly known as the ``Paperwork Reduction
Act'').
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808(2) of title 5, United States Code.

Mr. LUGAR. Mr. President, I am pleased to join my good friend and
colleague, Senator Patrick Leahy in introducing the Better Nutrition
for School Children Act of 2003. This bill takes a common sense,
flexible approach to the sales of food that competes with federally
supported school meals, and represents one component of addressing the
overall health of our Nation's children.
This year Congress will address a number of the Federal nutrition
programs, including those administered through local school systems.
Our Nation's schools provide our children with over 28 million
federally subsidized meals each day. For some of these children, these
meals provide the bulk of their nutrition needs. As a result, the meals
served by schools should meet balanced nutrition standards in order to
promote overall health.
Unfortunately, an increasing number of our Nation's children are
becoming overweight and obese. Children who are overweight and obese
are much more likely to have difficulty controlling their weight in the
future, which increases their risk of medical problems such as diabetes
and heart disease. In order to address this issue, Congress has a duty
to analyze variables at school that affect a child's health, including
foods of minimal nutritional value.
In addition to the federally subsidized foods served in our schools,
many children have access to and choose to purchase competitive foods
from other sources, such as vending machines. This bill asks the
Secretary of Agriculture to investigate the sales of foods that are
outside the Federal meal programs and issue a regulation that balances
the schools' interests with that of overall childhood health. In
particular, the regulation must take into consideration the financial
benefits a school receives from competitive food sales, how likely a
child is to make this choice instead of nutritious foods, and the
nutritional needs of children according to their school grade level.
This bill does not require the Secretary to implement any further
restrictions than what currently exist.
I believe this bill provides a rational approach to one facet of
improving the health and fitness of our Nation's children. I urge my
colleagues to join us in supporting The Better Nutrition for School
Children Act of 2003.

____________________