Floor Statements

Mr. President, I rise today in support of a bill that I have introduced authorizing the extension of permanent normal trade relations treatment. Ukraine is still subject to the provisions of the Jackson-Vanik amendment to the Trade Act of 1974, which sanctions nations for failure to comply with freedom of emigration requirements. Our bill would repeal permanently the application of Jackson-Vanik to Ukraine.

In the post Cold War era, Ukraine has demonstrated a commitment to meet these requirements, and in addition, has expressed a strong desire to abide by free market principles and good governance. Last November, I served as President Bush's personal representative to the runoff election between Prime Minister Yanukovich and Victor Yushchenko. During that visit, I promoted free and fair election procedures that would strengthen worldwide respect for the legitimacy of the winning candidate. Unfortunately, that was not possible. The Government of Ukraine allowed, or aided and abetted, wholesale fraud and abuse that changed the results of the election. It is clear that Prime Minister Yanukovich did not win the election.

In response, the people of Ukraine rallied in the streets and demanded justice. After tremendous international pressure and mediation, Ukraine repeated the runoff election on December 26. A newly named Central Election Commission and a new set of election laws led to a much improved process. International monitors concluded that the process was generally free and fair. This past weekend Victor Yushchenko was inaugurated as President of Ukraine.

Extraordinary events have occurred in Ukraine over the last three months.

A free press has revolted against government intimidation and reasserted itself. An emerging middle class has found its political footing. A new generation has embraced democracy and openness. A society has rebelled against the illegal activities of its government. It is in our interest to recognize and protect these advances in Ukraine.

The United States has a long record of cooperation with Ukraine through the Nunn-Lugar Cooperative Threat Reduction. Ukraine inherited the third largest nuclear arsenal in the world with the fall of the Soviet Union. Through the Nunn-Lugar Program the United States has assisted Ukraine in eliminating this deadly arsenal and joining the Nonproliferation Treaty as a non-nuclear state.

One of the areas where we can deepen U.S.-Ukrainian relations is bilateral trade. Our trade relations between the U.S. and Ukraine are currently governed by a bilateral trade agreement signed in 1992. There are other economic agreements in place seeking to further facilitate economic cooperation between the U.S. and Ukraine, including a bilateral investment treaty which was signed in 1996, and a taxation treaty signed in 2000. In addition, Ukraine commenced negotiations to become a member of the World Trade Organization in 1993, further demonstrating its commitment to adhere to free market principles and fair trade. In light of its adherence to freedom of emigration requirements, democratic principles, compliance with threat reduction and several agreements on economic cooperation, the products of Ukraine should not be subject to the sanctions of Jackson-Vanik.

There are areas in which Ukraine needs to continue to improve. These include market access, protection of intellectual property and reduction of tariffs. The U.S. must remain committed to assisting Ukraine in pursuing market economic reforms. The permanent waiver of Jackson Yanik and establishment of permanent normal trade relations will be the foundation on which further progress in a burgeoning economic partnership can be made.

I am hopeful that my colleagues will join me in supporting this important legislation. It is essential that we act promptly to bolster this burgeoning democracy and promote stability and in this region.I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today in support of a bill that I have introduced authorizing the extension of permanent normal trade relations treatment. Ukraine is still subject to the provisions of the Jackson-Vanik amendment to the Trade Act of 1974, which sanctions nations for failure to comply with freedom of emigration requirements. Our bill would repeal permanently the application of Jackson-Vanik to Ukraine.

In the post Cold War era, Ukraine has demonstrated a commitment to meet these requirements, and in addition, has expressed a strong desire to abide by free market principles and good governance. Last November, I served as President Bush's personal representative to the runoff election between Prime Minister Yanukovich and Victor Yushchenko. During that visit, I promoted free and fair election procedures that would strengthen worldwide respect for the legitimacy of the winning candidate. Unfortunately, that was not possible. The Government of Ukraine allowed, or aided and abetted, wholesale fraud and abuse that changed the results of the election. It is clear that Prime Minister Yanukovich did not win the election.

In response, the people of Ukraine rallied in the streets and demanded justice. After tremendous international pressure and mediation, Ukraine repeated the runoff election on December 26. A newly named Central Election Commission and a new set of election laws led to a much improved process. International monitors concluded that the process was generally free and fair. This past weekend Victor Yushchenko was inaugurated as President of Ukraine.

Extraordinary events have occurred in Ukraine over the last three months.

A free press has revolted against government intimidation and reasserted itself. An emerging middle class has found its political footing. A new generation has embraced democracy and openness. A society has rebelled against the illegal activities of its government. It is in our interest to recognize and protect these advances in Ukraine.

The United States has a long record of cooperation with Ukraine through the Nunn-Lugar Cooperative Threat Reduction. Ukraine inherited the third largest nuclear arsenal in the world with the fall of the Soviet Union. Through the Nunn-Lugar Program the United States has assisted Ukraine in eliminating this deadly arsenal and joining the Nonproliferation Treaty as a non-nuclear state.

One of the areas where we can deepen U.S.-Ukrainian relations is bilateral trade. Our trade relations between the U.S. and Ukraine are currently governed by a bilateral trade agreement signed in 1992. There are other economic agreements in place seeking to further facilitate economic cooperation between the U.S. and Ukraine, including a bilateral investment treaty which was signed in 1996, and a taxation treaty signed in 2000. In addition, Ukraine commenced negotiations to become a member of the World Trade Organization in 1993, further demonstrating its commitment to adhere to free market principles and fair trade. In light of its adherence to freedom of emigration requirements, democratic principles, compliance with threat reduction and several agreements on economic cooperation, the products of Ukraine should not be subject to the sanctions of Jackson-Vanik.

There are areas in which Ukraine needs to continue to improve. These include market access, protection of intellectual property and reduction of tariffs. The U.S. must remain committed to assisting Ukraine in pursuing market economic reforms. The permanent waiver of Jackson Yanik and establishment of permanent normal trade relations will be the foundation on which further progress in a burgeoning economic partnership can be made.

I am hopeful that my colleagues will join me in supporting this important legislation. It is essential that we act promptly to bolster this burgeoning democracy and promote stability and in this region.I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, for the Committee on Foreign Relations I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. President, I rise today to introduce the Health Promotion FIRST, Funding Integrated Research, Synthesis and Training, Act, legislation to provide the foundation for solid planning and a scientific base for health promotion.

Between one half and two-thirds of premature deaths in the United States and much of our health care costs are caused by just three risk factors: poor diet, physical inactivity, and tobacco. Recent news reports have highlighted the alarming increase in obesity across the Nation. In the last 10 years, obesity rates have increased by more than 60 percent among adults--with approximately 59 million adults considered obese today.

We also know that medical costs are directly related to lifestyle risk factors. The September 2000 issue of the American Journal of Health Promotion reported that approximately 25 percent of all employer medical costs are caused by lifestyle factors. Emerging research is showing the value may be closer to 50 percent today.

Medical care costs are reaching crisis levels. Some major employers are actively exploring discontinuing medical insurance coverage if costs are not controlled. The Federal Government has the same cost problems with its own employees, and the cost to Medicare of lifestyle- related diseases will only increase as Baby Boomers retire, and more and more beneficiaries are diagnosed with lifestyle-related illnesses.

An obvious first step to addressing our health and medical cost problems is to help people stay healthy.

The good news is that both the public and private sectors are starting to do more in the area of health prevention and health promotion. For instance, the Medicare Modernization Act of 2003 included several new prevention initiatives for Medicare beneficiaries.

Also in recent years Congress and the Administration have worked together to pass numerous pieces of legislation to establish grants to provide health services for improved nutrition, increased physical activity, and obesity prevention.

However, despite the success of many health promotion programs, there is a quality gap between the best programs and typical programs. This occurs because most professionals are not aware of the best practice methods. Furthermore, even the best programs reach a small percentage of the population and do poorly in creating lasting change.

The Health Promotion FIRST Act will build the foundation for a stable coordinated strategy to develop the basic and applied science of health promotion, synthesize research results and disseminate findings to researchers, practitioners and policy makers.

The bill directs the Department of Health and Human Services to develop strategic plans focusing on the following: how to develop the basic and applied science of health promotion; how to best utilize the authority and resources of the Department of Health and Human Services and other Federal agencies to integrate health promotion concepts into health care and other elements of society; how to synthesize health promotion research into practical guidelines that can be easily disseminated and; how to foster a strong health workforce for health promotion activities.

Additional funding is also provided for the Centers for Disease Control and the National Institutes of Health to augment current activities related to health promotion research and dissemination.

We have made a good start, at the Federal level, in addressing the needs of health promotion. However, we need to go further. I believe this legislation will serve as a good basis for Congress and the administration to take the next step in developing health promotion programs for the next decade.

Mr. President, I rise today to introduce the Health Promotion FIRST, Funding Integrated Research, Synthesis and Training, Act, legislation to provide the foundation for solid planning and a scientific base for health promotion.

Between one half and two-thirds of premature deaths in the United States and much of our health care costs are caused by just three risk factors: poor diet, physical inactivity, and tobacco. Recent news reports have highlighted the alarming increase in obesity across the Nation. In the last 10 years, obesity rates have increased by more than 60 percent among adults--with approximately 59 million adults considered obese today.

We also know that medical costs are directly related to lifestyle risk factors. The September 2000 issue of the American Journal of Health Promotion reported that approximately 25 percent of all employer medical costs are caused by lifestyle factors. Emerging research is showing the value may be closer to 50 percent today.

Medical care costs are reaching crisis levels. Some major employers are actively exploring discontinuing medical insurance coverage if costs are not controlled. The Federal Government has the same cost problems with its own employees, and the cost to Medicare of lifestyle- related diseases will only increase as Baby Boomers retire, and more and more beneficiaries are diagnosed with lifestyle-related illnesses.

An obvious first step to addressing our health and medical cost problems is to help people stay healthy.

The good news is that both the public and private sectors are starting to do more in the area of health prevention and health promotion. For instance, the Medicare Modernization Act of 2003 included several new prevention initiatives for Medicare beneficiaries.

Also in recent years Congress and the Administration have worked together to pass numerous pieces of legislation to establish grants to provide health services for improved nutrition, increased physical activity, and obesity prevention.

However, despite the success of many health promotion programs, there is a quality gap between the best programs and typical programs. This occurs because most professionals are not aware of the best practice methods. Furthermore, even the best programs reach a small percentage of the population and do poorly in creating lasting change.

The Health Promotion FIRST Act will build the foundation for a stable coordinated strategy to develop the basic and applied science of health promotion, synthesize research results and disseminate findings to researchers, practitioners and policy makers.

The bill directs the Department of Health and Human Services to develop strategic plans focusing on the following: how to develop the basic and applied science of health promotion; how to best utilize the authority and resources of the Department of Health and Human Services and other Federal agencies to integrate health promotion concepts into health care and other elements of society; how to synthesize health promotion research into practical guidelines that can be easily disseminated and; how to foster a strong health workforce for health promotion activities.

Additional funding is also provided for the Centers for Disease Control and the National Institutes of Health to augment current activities related to health promotion research and dissemination.

We have made a good start, at the Federal level, in addressing the needs of health promotion. However, we need to go further. I believe this legislation will serve as a good basis for Congress and the administration to take the next step in developing health promotion programs for the next decade.

Mr. President, I rise today to share with my colleagues the winners of the 2004-2005 Dick Lugar/Indiana Farm Bureau/ Farm Bureau Insurance Companies Youth Essay Contest.

In 1985, I joined with the Indiana Farm Bureau to sponsor an essay contest for eighth grade students in my home State. The purpose of this contest was to encourage young Hoosiers to recognize and appreciate the importance of Indiana agriculture in their lives and subsequently, craft an essay responding to the assigned theme. I, along with my friends at the Indiana Farm Bureau and Farm Bureau Insurance Companies, am pleased with the annual response to this contest and the quality of the essays received over the years.

I congratulate Thomas (Trey) Dunn III of Jay County and Brittany Lechner of Daviess County as winners of this year's contest. Likewise, I include the names of all of the district and county winners of the 2004-2005 Dick Lugar/Indiana Farm Bureau/Farm Bureau Insurance Companies Youth Essay Contest.

I ask that the following materials be printed in the Record.

Mr. President, I rise to comment on International Women's Day and to join Senator Biden in introducing the Protection of Vulnerable Populations During Humanitarian Emergencies Act of 2005.

Today is International Women's Day, a day on which we celebrate the progress of women and rededicate ourselves to overcoming the inequities facing women around the globe. In many places in the world, discrimination continues to deny women and girls full political and economic equality. The lives and health of women and girls continue to be endangered by violence that is directed at them simply because they are female. In recognition of these issues, I co-sponsored a Resolution with Senators Biden and Clinton commemorating International Women's Day and reaffirming the Senate's commitment to improving the status of women worldwide.

In addition, I am co-sponsoring with Senator Biden the Protection of Vulnerable Populations During Humanitarian Emergencies Act of 2005, which the Committee on Foreign Relations supported as an amendment to our Foreign Affairs Authorization Act for fiscal years 2006 and 2007. During humanitarian emergencies, women and children become more vulnerable to a range of abuses including sexual exploitation, trafficking and gender-based violence. Our bill seeks to ensure that U.S. foreign assistance programs are a force for protecting women, children, and other vulnerable populations in the wake of military conflict and natural disasters.

The recent tsunami tragedy in the Indian Ocean region has highlighted this important issue. Tens of thousands of children have lost family members and friends and are coping with unspeakable trauma. Nearly 35,000 children have been orphaned, and many more have been separated from their families. These children face the imminent threats of hunger, disease, and diarrhea. Beyond these dangers, children are vulnerable to being trafficked for sexual exploitation, forced labor, or conscription. Without their families, the children orphaned by the tsunami lack protection from predators who would profit from their tragedy.

During many of the humanitarian crises that we have witnessed over the last decade, including Rwanda, Bosnia, and Sudan, we have learned that women and children are uniquely vulnerable to sexual violence and exploitation. Over the course of the past year, the world has heard accounts of rape at the camps in Darfur in Western Sudan. Our bill aims to improve the ability of the United States to protect women and children, like those in the tsunami-affected region and in Darfur, from the additional dangers they face during a humanitarian emergency. Our bill calls for a coordinator for protection issues and a strategy to improve our ability to protect and respond to the needs of women and children in such crises. Our bill authorizes funding for the specific health care needs of women during an emergency, the establishment of registries and clearinghouses to trace relatives and help children find their families, and legal services for survivors of sexual exploitation and abuse. In addition, the bill requires that any organization receiving U.S. funds to assist in a humanitarian emergency have in place a code of conduct forbidding its employees from sexually abusing the victims of the crisis. Finally, our bill urges the United Nations to strengthen its policies concerning sexual abuse and exploitation by UN personnel involved in UN peacekeeping operations. I am hopeful that Senators will join me in backing this legislation.

Mr. President. Today I rise to introduce the Nonprofit Athletic Organization Protection Act of 2005. I am pleased to join with my good friend and colleague, Representative Mark Souder, in introducing this measure. This legislation is based on a bill that was introduced in the last legislative session.

I believe that this legislation is very important to encouraging health promotion in our country. The United States has invested a tremendous number of resources in providing our children with the ability to promote fitness through sports. In every town in America, you will find boys and girls playing America's most popular sports: baseball, soccer, football, and, of course, basketball. A recent study by the Sporting Goods Manufacturers Association showed that in 2000 at least 36 million American children played on at least one team sport. Of those 36 million, 26 million children between the ages of 6 and 17, played on an organized team in an organized league. A study by Statistical Research, Inc. for the Amateur Athletic Foundation and ESPN found that 94 percent American children play some sport during the year.

The ability for children to participate in sporting events provides our society many benefits that government cannot provide. Studies have shown that these benefits include betterment to a child's health, academic performance, social development and safety. The most obvious benefit of organized sports is physical fitness. The National Institute of Health Care Maintenance has identified physical activity such as sports as a key factor in the maintenance of a healthy body. Lack of physical activity, along with unhealthy eating habits, has been identified as the leading cause of obesity in children. The center notes: ``Physical activity provides numerous mental and physical benefits to health, including reduction in the risk of premature mortality, cardiovascular diseases, hypertension, diabetes, depression, and cancers.'' A Cooper Institute for Aerobics Research study indicated, ``Low fitness outranks fatness as a risk factor for mortality.'' By encouraging our children to participate in organized sports, we increase physical fitness and fight obesity.

A second benefit in the participation of organized sports is an increase in academic performance. The National Institute of Health Care Maintenance has highlighted ``a recent large-scale analysis reported by the California Department of Education [has shown] that the level of physical fitness attained by students was directly related to their performance on standardized achievement measures.'' When we encourage our children to participate in organized sports, we increase the ability for them to achieve academically.

A third benefit for young people who participate in organized sports is that they learn positive social development. Organized sports teach values of teamwork, fair play, and friendly competition. Success in organized sports is also a vital self-esteem builder in many children.

These three benefits have been widely discussed on the floor of the Senate and we have acted to implement several programs designed to reduce obesity and increase fitness, educational standards and the social well-being of our children.

The fourth benefit to participation in organized youth sports, providing a safe place to play, is a topic that has not received as much attention as the first three. Nonetheless, it is no less important. Fewer kids are simply going outside to play, due to the attraction of TV, video games, and the Internet, combined with parents' safety concerns about letting children run around outside unsupervised. As a result, organized sports teams are an increasingly important source of safe physical activity in children. The American Academy of Pediatrics has stated, ``In contrast to unstructured or free play, participation in organized sports provides a greater opportunity to develop rules specifically designed for health and safety.''

One primary reason why organized sports provide such an opportunity for safe play is that non-profit, volunteer organizations establish rules to provide a safe place to play. These organizations are made up of professional people who are in the business of providing children a fun and safe avenue for athletic exercise. Organizations like the Boys and Girls Club, the National Council of Youth Sports, the National Federation of State High School Associations and others exist largely to establish rules in order to minimize the risk of injury our children face while participating in sports. No matter how well these organizations perform their work, however, boys and girls will be injured.

Over the last several years, more and more of these rule making bodies have become targets for lawsuits seeking to prove that the rule maker was negligent in making the rules of play. These lawsuits claim that had a different rule been in place, the injury would not have happened. Indeed, these suits place rule makers into a Catch-22. A child can be injured in almost any situation no matter how a rule is written. The result has been to have more and more lawsuits.

As a consequence, the insurance premiums of these organizations have risen dramatically over the past several years. In his testimony before the House Judiciary Committee last year, Robert Kanaby the Executive Director of the National Federation of State High School Associations testified that:

``Over the last three years, the annual liability insurance premiums for the National High School Federation have increased three-fold to about $1,000,000. We have been advised by experts that given our claims experience and the reluctance of insurers to offer such coverage to an organization `serving 7,000,000 potential claimants,' the premiums will likely increase significantly in years to come. Since we operate on a total budget of about $9,000,000, such an increase would be, to put it mildly, problematical.''

The costs have increased to the point where it is possible that these organizations will cease from providing age appropriate rules and the safety of youth sports will decline.

Because of this problem, I join, once again, with Representative Mark Souder in introducing the Nonprofit Athletic Organization Protection Act of 2005. This legislation will eliminate lawsuits based on claims that a non-profit rulemaking body is liable for the physical injury when the rules was made by a properly licensed rulemaking body that has acted within the scope of its authority. Lawsuits may be maintained if the rule maker was grossly negligent or engaged in criminal or reckless misconduct. This reasonable legislation will help sports rule makers to do their job. If we do not pass this legislation, it is likely that rule makers will eventually close their doors since they will be unable to afford the insurance needed to provide a safe sporting environment.

No one who has participated in the debate surrounding this problem has disagreed that the current lawsuit culture needs reform. Instead, concerns have arisen that the remedy was overly broad preventing lawsuits against rule makers on other issue.

To remedy these concerns, the legislation introduced today contains a provision that explicitly says that lawsuits involving ``antitrust, labor, environmental, defamation, tortuous interference of contract law or civil rights law, or any other federal, state, or local law providing protection from discrimination'' are not barred by this bill. This provision was worked out between the civil rights groups, including the National Women's Law Center and the National Federation of State High School Associations, in an effort to alleviate this concern.

As many of my colleagues know, I am a runner. I enjoy the activity and the positive effect that running and athletics have played in my life. I would hope that my nine grandchildren will be able to have an opportunity to participate in organized sports and that lawsuits against rule makers for allegedly faulty rules will not prevent these organizations from functioning properly. I look forward to the consideration and passage of the Nonprofit Athletic Organization Protection Act of 2005 during the 109th Congress.

Mr. President, I rise to comment on International Women's Day and to join Senator Biden in introducing the Protection of Vulnerable Populations During Humanitarian Emergencies Act of 2005.

Today is International Women's Day, a day on which we celebrate the progress of women and rededicate ourselves to overcoming the inequities facing women around the globe. In many places in the world, discrimination continues to deny women and girls full political and economic equality. The lives and health of women and girls continue to be endangered by violence that is directed at them simply because they are female. In recognition of these issues, I co-sponsored a Resolution with Senators Biden and Clinton commemorating International Women's Day and reaffirming the Senate's commitment to improving the status of women worldwide.

In addition, I am co-sponsoring with Senator Biden the Protection of Vulnerable Populations During Humanitarian Emergencies Act of 2005, which the Committee on Foreign Relations supported as an amendment to our Foreign Affairs Authorization Act for fiscal years 2006 and 2007. During humanitarian emergencies, women and children become more vulnerable to a range of abuses including sexual exploitation, trafficking and gender-based violence. Our bill seeks to ensure that U.S. foreign assistance programs are a force for protecting women, children, and other vulnerable populations in the wake of military conflict and natural disasters.

The recent tsunami tragedy in the Indian Ocean region has highlighted this important issue. Tens of thousands of children have lost family members and friends and are coping with unspeakable trauma. Nearly 35,000 children have been orphaned, and many more have been separated from their families. These children face the imminent threats of hunger, disease, and diarrhea. Beyond these dangers, children are vulnerable to being trafficked for sexual exploitation, forced labor, or conscription. Without their families, the children orphaned by the tsunami lack protection from predators who would profit from their tragedy.

During many of the humanitarian crises that we have witnessed over the last decade, including Rwanda, Bosnia, and Sudan, we have learned that women and children are uniquely vulnerable to sexual violence and exploitation. Over the course of the past year, the world has heard accounts of rape at the camps in Darfur in Western Sudan. Our bill aims to improve the ability of the United States to protect women and children, like those in the tsunami-affected region and in Darfur, from the additional dangers they face during a humanitarian emergency. Our bill calls for a coordinator for protection issues and a strategy to improve our ability to protect and respond to the needs of women and children in such crises. Our bill authorizes funding for the specific health care needs of women during an emergency, the establishment of registries and clearinghouses to trace relatives and help children find their families, and legal services for survivors of sexual exploitation and abuse. In addition, the bill requires that any organization receiving U.S. funds to assist in a humanitarian emergency have in place a code of conduct forbidding its employees from sexually abusing the victims of the crisis. Finally, our bill urges the United Nations to strengthen its policies concerning sexual abuse and exploitation by UN personnel involved in UN peacekeeping operations. I am hopeful that Senators will join me in backing this legislation.

Mr. President. Today I rise to introduce the Nonprofit Athletic Organization Protection Act of 2005. I am pleased to join with my good friend and colleague, Representative Mark Souder, in introducing this measure. This legislation is based on a bill that was introduced in the last legislative session.

I believe that this legislation is very important to encouraging health promotion in our country. The United States has invested a tremendous number of resources in providing our children with the ability to promote fitness through sports. In every town in America, you will find boys and girls playing America's most popular sports: baseball, soccer, football, and, of course, basketball. A recent study by the Sporting Goods Manufacturers Association showed that in 2000 at least 36 million American children played on at least one team sport. Of those 36 million, 26 million children between the ages of 6 and 17, played on an organized team in an organized league. A study by Statistical Research, Inc. for the Amateur Athletic Foundation and ESPN found that 94 percent American children play some sport during the year.

The ability for children to participate in sporting events provides our society many benefits that government cannot provide. Studies have shown that these benefits include betterment to a child's health, academic performance, social development and safety. The most obvious benefit of organized sports is physical fitness. The National Institute of Health Care Maintenance has identified physical activity such as sports as a key factor in the maintenance of a healthy body. Lack of physical activity, along with unhealthy eating habits, has been identified as the leading cause of obesity in children. The center notes: ``Physical activity provides numerous mental and physical benefits to health, including reduction in the risk of premature mortality, cardiovascular diseases, hypertension, diabetes, depression, and cancers.'' A Cooper Institute for Aerobics Research study indicated, ``Low fitness outranks fatness as a risk factor for mortality.'' By encouraging our children to participate in organized sports, we increase physical fitness and fight obesity.

A second benefit in the participation of organized sports is an increase in academic performance. The National Institute of Health Care Maintenance has highlighted ``a recent large-scale analysis reported by the California Department of Education [has shown] that the level of physical fitness attained by students was directly related to their performance on standardized achievement measures.'' When we encourage our children to participate in organized sports, we increase the ability for them to achieve academically.

A third benefit for young people who participate in organized sports is that they learn positive social development. Organized sports teach values of teamwork, fair play, and friendly competition. Success in organized sports is also a vital self-esteem builder in many children.

These three benefits have been widely discussed on the floor of the Senate and we have acted to implement several programs designed to reduce obesity and increase fitness, educational standards and the social well-being of our children.

The fourth benefit to participation in organized youth sports, providing a safe place to play, is a topic that has not received as much attention as the first three. Nonetheless, it is no less important. Fewer kids are simply going outside to play, due to the attraction of TV, video games, and the Internet, combined with parents' safety concerns about letting children run around outside unsupervised. As a result, organized sports teams are an increasingly important source of safe physical activity in children. The American Academy of Pediatrics has stated, ``In contrast to unstructured or free play, participation in organized sports provides a greater opportunity to develop rules specifically designed for health and safety.''

One primary reason why organized sports provide such an opportunity for safe play is that non-profit, volunteer organizations establish rules to provide a safe place to play. These organizations are made up of professional people who are in the business of providing children a fun and safe avenue for athletic exercise. Organizations like the Boys and Girls Club, the National Council of Youth Sports, the National Federation of State High School Associations and others exist largely to establish rules in order to minimize the risk of injury our children face while participating in sports. No matter how well these organizations perform their work, however, boys and girls will be injured.

Over the last several years, more and more of these rule making bodies have become targets for lawsuits seeking to prove that the rule maker was negligent in making the rules of play. These lawsuits claim that had a different rule been in place, the injury would not have happened. Indeed, these suits place rule makers into a Catch-22. A child can be injured in almost any situation no matter how a rule is written. The result has been to have more and more lawsuits.

As a consequence, the insurance premiums of these organizations have risen dramatically over the past several years. In his testimony before the House Judiciary Committee last year, Robert Kanaby the Executive Director of the National Federation of State High School Associations testified that:

``Over the last three years, the annual liability insurance premiums for the National High School Federation have increased three-fold to about $1,000,000. We have been advised by experts that given our claims experience and the reluctance of insurers to offer such coverage to an organization `serving 7,000,000 potential claimants,' the premiums will likely increase significantly in years to come. Since we operate on a total budget of about $9,000,000, such an increase would be, to put it mildly, problematical.''

The costs have increased to the point where it is possible that these organizations will cease from providing age appropriate rules and the safety of youth sports will decline.

Because of this problem, I join, once again, with Representative Mark Souder in introducing the Nonprofit Athletic Organization Protection Act of 2005. This legislation will eliminate lawsuits based on claims that a non-profit rulemaking body is liable for the physical injury when the rules was made by a properly licensed rulemaking body that has acted within the scope of its authority. Lawsuits may be maintained if the rule maker was grossly negligent or engaged in criminal or reckless misconduct. This reasonable legislation will help sports rule makers to do their job. If we do not pass this legislation, it is likely that rule makers will eventually close their doors since they will be unable to afford the insurance needed to provide a safe sporting environment.

No one who has participated in the debate surrounding this problem has disagreed that the current lawsuit culture needs reform. Instead, concerns have arisen that the remedy was overly broad preventing lawsuits against rule makers on other issue.

To remedy these concerns, the legislation introduced today contains a provision that explicitly says that lawsuits involving ``antitrust, labor, environmental, defamation, tortuous interference of contract law or civil rights law, or any other federal, state, or local law providing protection from discrimination'' are not barred by this bill. This provision was worked out between the civil rights groups, including the National Women's Law Center and the National Federation of State High School Associations, in an effort to alleviate this concern.

As many of my colleagues know, I am a runner. I enjoy the activity and the positive effect that running and athletics have played in my life. I would hope that my nine grandchildren will be able to have an opportunity to participate in organized sports and that lawsuits against rule makers for allegedly faulty rules will not prevent these organizations from functioning properly. I look forward to the consideration and passage of the Nonprofit Athletic Organization Protection Act of 2005 during the 109th Congress.

Mr. President, I bring to the attention of my colleagues a signal anniversary occurring tomorrow, the 50th wedding anniversary of Harry and Judy Maitland.

Harry and Judy Maitland were married in St. Louis, MO on March 5, 1955. Harry, a fellow Navy man, served on the U.S.S Randolph during the Korean War. Subsequently, he worked for Missouri Pacific and Union Pacific, and he and Judy were blessed with three children and eleven grandchildren. I join all of their family and friends in congratulating Harry and Judy on their signal anniversary.

Mr. President, today I submit a resolution expressing the United States Senate's concern about Russia's actions in Georgia and Moldova.

At the Organization for Security & Cooperation in Europe's (OSCE) 1999 conference in Istanbul, Russia signed commitments to withdraw troops from both Georgia and Moldova. While Russia has fulfilled some aspects of those agreements, Russian troops and military bases remain in both countries. In my resolution, I urge Russia to live up to its 1999 Istanbul Commitments.

The resolution also addresses concerns about the OSCE's Border Monitoring Operation (BMO) in Georgia. The BMO, which took up its mission in Georgia in 2000, is the sole source of objective reporting on border crossings along Georgia's border with the Russian republics of Chechnya, Dagestan, and Ingushetia.

Since last June, Russia has called for the closure of the BMO in Georgia. In December, Russia blocked renewal of the mandate for the BMO, stating that it had accomplished nothing. I am disappointed that the OSCE was unable to renew the BMO's mandate. The BMO started shutting down in January and is expected to be fully closed by May.

The future of the BMO mission is uncertain. The United States, in cooperation with its European allies, should work to preserve the BMO in Georgia. But if the BMO is not revived, my resolution calls upon the United States and its European allies to seek an international presence to monitor objectively crossings along Georgia's border.

I am concerned that if Russia does not fulfill its commitments to withdraw troops from Georgia and Moldova, and if the Border Monitoring Operation in Georgia shuts down, the security situation in the region could further deteriorate. The United States must provide strong leadership on these issues.

I ask my colleagues to support this resolution.

Mr. President, pursuant to the requirements of paragraph 2 of Senate Rule XXVI, I ask unanimous consent to have printed in the Record the rules of the Committee on Foreign Relations for the 109th Congress adopted by the committee on February 1, 2005.

There being no objection the material was ordered to be printed in

Mr. President, I rise to introduce the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.

On October 7, 2004, I introduced S. 2939, a bill to improve our ability to provide assistance to orphans and vulnerable children in developing countries. Because of the gravity and urgency of the growing AIDS orphans crisis, I am reintroducing my bill.

The unprecedented AIDS orphan crisis in sub-Saharan Africa has profound

implications for political stability, development, and human welfare that extend far beyond the region. Sub-Saharan African nations stand to lose generations of educated and trained professionals who can contribute meaningfully to their countries' development. Orphaned children, many of whom are homeless, are more likely to resort to prostitution and other criminal behavior to survive. Most frighteningly, these uneducated, poorly socialized, and stigmatized young adults are extremely vulnerable to being recruited into criminal gangs, rebel groups, or extremist organizations that offer shelter and food and act as ``surrogate'' families. It is imperative that the international community respond to this crisis.

An estimated 110 million orphans live in sub-Saharan Africa, Asia, Latin America, and the Caribbean. The HIV/AIDS pandemic is rapidly expanding the orphan population. Currently an estimated 14 million children have been orphaned by AIDS, most of whom live in sub-Saharan Africa. This number is projected to soar to more than 25 million by 2010. The pandemic is orphaning generations of African children and is compromising the overall development prospects of their countries.

Most orphans in the developing world live in extremely disadvantaged circumstances. Poor communities in the developing world struggle to meet the basic food, clothing, health care, and educational needs of orphans. Experts recommend supporting community-based organizations to assist these children. Such an approach enables the children to remain connected to their communities, traditions, rituals, and extended families.

My bill seeks to improve assistance to orphans and other vulnerable children in developing countries. It would require the United States Government to develop a comprehensive strategy for providing such assistance and would authorize the President to support community-based organizations that provide basic care for orphans and vulnerable children.

Orphans are less likely to be in school, and more likely to be working full time. Yet only education can help children acquire the knowledge and develop the skills they need to build a better future.

For many children, the primary barrier to an education is the expense of school fees, uniforms, supplies, and other costs. My bill aims to improve enrollment and access to primary school education by supporting programs that reduce the negative impact of school fees and other expenses. It also would reaffirm our commitment to international school lunch programs. Studies have shown that school food programs provide an incentive for children to stay in school. School meals provide basic nutrition to children who otherwise do not have access to reliable food.

Many children who lose one or both parents often face difficulty in asserting their inheritance rights. Even when the inheritance rights of women and children are spelled out in law, such rights are difficult to claim and are seldom enforced. In many countries it is difficult or impossible for a widow--even if she has small children--to claim property after the death of her husband. This often leaves the most vulnerable children impoverished and homeless. My bill seeks to support programs that protect the inheritance rights of orphans and widows with children.

The AIDS orphan crisis in sub-Saharan Africa has implications for political stability, development, and human welfare that extend far beyond the region, affecting governments and people worldwide. Every 14 seconds another child is orphaned by AIDS. Turning the tide on this crisis will require a coordinated, comprehensive, and swift response. I am hopeful that Senators will join me in backing this legislation.

Mr. President, I rise to introduce the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.

On October 7, 2004, I introduced S. 2939, a bill to improve our ability to provide assistance to orphans and vulnerable children in developing countries. Because of the gravity and urgency of the growing AIDS orphans crisis, I am reintroducing my bill.

The unprecedented AIDS orphan crisis in sub-Saharan Africa has profound

implications for political stability, development, and human welfare that extend far beyond the region. Sub-Saharan African nations stand to lose generations of educated and trained professionals who can contribute meaningfully to their countries' development. Orphaned children, many of whom are homeless, are more likely to resort to prostitution and other criminal behavior to survive. Most frighteningly, these uneducated, poorly socialized, and stigmatized young adults are extremely vulnerable to being recruited into criminal gangs, rebel groups, or extremist organizations that offer shelter and food and act as ``surrogate'' families. It is imperative that the international community respond to this crisis.

An estimated 110 million orphans live in sub-Saharan Africa, Asia, Latin America, and the Caribbean. The HIV/AIDS pandemic is rapidly expanding the orphan population. Currently an estimated 14 million children have been orphaned by AIDS, most of whom live in sub-Saharan Africa. This number is projected to soar to more than 25 million by 2010. The pandemic is orphaning generations of African children and is compromising the overall development prospects of their countries.

Most orphans in the developing world live in extremely disadvantaged circumstances. Poor communities in the developing world struggle to meet the basic food, clothing, health care, and educational needs of orphans. Experts recommend supporting community-based organizations to assist these children. Such an approach enables the children to remain connected to their communities, traditions, rituals, and extended families.

My bill seeks to improve assistance to orphans and other vulnerable children in developing countries. It would require the United States Government to develop a comprehensive strategy for providing such assistance and would authorize the President to support community-based organizations that provide basic care for orphans and vulnerable children.

Orphans are less likely to be in school, and more likely to be working full time. Yet only education can help children acquire the knowledge and develop the skills they need to build a better future.

For many children, the primary barrier to an education is the expense of school fees, uniforms, supplies, and other costs. My bill aims to improve enrollment and access to primary school education by supporting programs that reduce the negative impact of school fees and other expenses. It also would reaffirm our commitment to international school lunch programs. Studies have shown that school food programs provide an incentive for children to stay in school. School meals provide basic nutrition to children who otherwise do not have access to reliable food.

Many children who lose one or both parents often face difficulty in asserting their inheritance rights. Even when the inheritance rights of women and children are spelled out in law, such rights are difficult to claim and are seldom enforced. In many countries it is difficult or impossible for a widow--even if she has small children--to claim property after the death of her husband. This often leaves the most vulnerable children impoverished and homeless. My bill seeks to support programs that protect the inheritance rights of orphans and widows with children.

The AIDS orphan crisis in sub-Saharan Africa has implications for political stability, development, and human welfare that extend far beyond the region, affecting governments and people worldwide. Every 14 seconds another child is orphaned by AIDS. Turning the tide on this crisis will require a coordinated, comprehensive, and swift response. I am hopeful that Senators will join me in backing this legislation.

Mr. President, I rise to submit a resolution expressing the Sense of the Senate regarding the trafficking in children following the Asian tsunami.

The recent tsunami in the Indian Ocean region was a natural disaster unlike anything in recent human history. It is estimated that the tsunami claimed the lives of more than 160,000 people throughout the region and displaced more than 1 million.

This disaster has taken an incredible toll on children. The United Nations Children Fund, UNICEF, estimates that children comprise more than one-third of all deaths. Tens of thousands of children have lost family members and friends and are coping with unspeakable trauma. Nearly 35,000 children have been orphaned, and many more have been separated from their families. These children are in need of food, water, and shelter. They face the imminent threats of hunger, disease, and diarrhea.

In addition to these dangers, these children are also vulnerable to being trafficked for sexual exploitation, forced labor, or to be child soldiers. According to the Office to Monitor and Combat Trafficking in Persons at the Department of State, an estimated 600,000 to 800,000 people are trafficked every year, some 50 percent of whom are children. In South East Asia alone, nearly 250,000 people are trafficked in, out, and through the region. Without their families, the children orphaned by the tsunami lack protection from predators who would profit from their tragedy.

My resolution acknowledges this uniquely vulnerable group and urges the United States and other countries to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the underlying U.N. Convention Against Transnational Organized Crime. The Protocol requires countries to enact laws to criminalize trafficking in persons, punish traffickers and assist victims. In addition, the Protocol would enhance our ability to give and receive assistance on a global basis in the common struggle to prevent, investigate and prosecute trafficking.

On December 13, 2000, the United States signed these international agreements. Last June, the Senate Committee on Foreign Relations held a hearing on these very important law enforcement treaties. At the earliest opportunity, I intend to schedule a vote on the Convention Against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons at a business meeting of the Committee. By ratifying the Trafficking Protocol, and urging other countries to do the same, we would send a strong message to the world that this modern-day form of slavery must be stopped and that the United States is committed to ensuring that perpetrators are punished and that victims are helped.