[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Pages 10518-10534]
[From the U.S. 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 at the end of this fiscal year, leaving 
the school lunch program vulnerable to a 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

[[Page 10519]]

school lunch program--supporting American agriculture, while delivering 
nutritious food to our Nation's children.
  Mr. President, I ask unanimous consent 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 lunch 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

[[Page 10520]]

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 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

[[Page 10521]]

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 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

[[Page 10522]]

     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
       (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

[[Page 10523]]

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 
     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--

[[Page 10524]]

       ``(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 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

[[Page 10525]]

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 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:

[[Page 10526]]

       (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--
       (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.

[[Page 10527]]

       (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 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

[[Page 10528]]

     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--
       ``(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).

[[Page 10529]]



        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.
       (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

[[Page 10530]]

       ``(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 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:

                                S. 1002

       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

[[Page 10531]]

     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
       ``(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

[[Page 10532]]

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 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.

[[Page 10533]]


  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.
       ``(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

[[Page 10534]]

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.

                          ____________________