[Congressional Record (Bound Edition), Volume 149 (2003), Part 11]
[Senate]
[Pages 14514-14525]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FRIST (for himself, Mr. Grassley, and Mr. Baucus):
  S. 1. A bill to amend title XVIII of the Social Security Act to make 
improvements in the medicare program, to provide prescription drug 
coverage under the medicare program, and for other purposes; to the 
Committee on Finance.
  Mr. FRIST. 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. 1

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

     SECTION 1. SHORT TITLE; SENSE OF THE CONGRESS.

       (a) Short Title.--This Act may be cited as the 
     ``Prescription Drug and Medicare Improvement Act of 2003''.
       (b) Sense of the Congress.--It is the Sense of the Congress 
     that the Congress should enact, and the President should 
     sign, legislation to amend title XVIII of the Social Security 
     Act to make improvements in the medicare program and to 
     provide prescription drug coverage under the medicare 
     program.
                                 ______
                                 
      By Mr. HATCH:
  S. 1232. A bill to designate the newly-constructed annex to the E. 
Barrett Prettyman Courthouse located at 333 Constitution Ave., NW., in 
Washington, DC., as the ``James L. Buckley Annex to the E. Barrett 
Prettyman United States Courthouse''; to the Committee on Environment 
and Public Works.
  Mr. HATCH. Mr. President, I rise today to introduce a bill to 
designate the newly-constructed annex to the E. Barrett Prettyman 
United States Courthouse as the ``James L. Buckley Annex.'' As members 
of this body well know, Judge Buckley served in this Senate from 1971-
77, as a trusted colleague from the State of New York. During his 
tenure here, Judge Buckley was greatly admired for his dedication, 
integrity, and professionalism.
  Judge Buckley's lengthy public service career is one of great 
distinction. In addition to the time he spent here in the Senate, Judge 
Buckley served in the United States Navy during World War II, as 
Undersecretary of State for Security Assistance, and as President of 
Radio Free Europe. Most recently, he served for more than a decade as a 
Circuit Judge on the United States Court of Appeals for the District of 
Columbia Circuit, in the E. Barrett Prettyman courthouse.
  Earlier this Congress, we honored Judge Buckley, on the celebration 
of his 80th birthday, by passing unanimously a resolution, S. Res. 88, 
acknowledging his distinguished career in the executive, legislative, 
and judicial branches of the United States.
  Naming the new annex to the E. Barrett Prettyman courthouse after 
Judge Buckley would be a fitting tribute to our former colleague and 
prominent jurist. I am honored to offer this legislation, and I urge my 
colleagues to support this well-deserved commendation.
                                 ______
                                 
      By Ms. MIKULSKI (for herself, Mr. Hatch, Mr. Sarbanes, Mr.

[[Page 14515]]

        Edwards, Mr. Lautenberg, Mrs. Clinton, and Mr. Corzine):
  S. 1233. A bill to authorize assistance for the National Great Blacks 
in Wax Museum and Justice Learning Center; to the Committee on the 
Judiciary.

  Ms. MIKULSKI. Mr. President, I rise to introduce the National Great 
Black Americans Commemoration Act. I am proud to sponsor this 
legislation. Black Americans have a rich history that must be cherished 
and remembered. This bill will honor African American leaders from 
across the country--some who are well known, and others who are almost 
forgotten--by helping to preserve their names, faces, and stories for 
generations to come.
  This legislation will provide Federal assistance to expand exhibits 
and educational programs at the National Great Blacks in Wax Museum and 
Justice Learning Center in Baltimore, Maryland. The museum showcases 
the lives of great Black Americans who have proudly served the United 
States--from civil servants like Mary McLeod Bethune, to military 
heroes like Colin Powell, to Congressional leaders like Senator Edward 
Brooke, R-MA, and civil rights leaders like Rosa Parks. Some are 
household names, like Frederick Douglass and Dr. Martin Luther King, 
Jr. Yet many more are unfamiliar, like the 22 African Americans who 
served in Congress in the 1800s. It's time we give these pioneers the 
recognition they deserve.
  Maryland is proud to be home to so many important figures in black 
history. From the dark days of slavery through the civil rights 
movement, Marylanders have led the way. The brilliant Frederick 
Douglass was the voice of the voiceless in the struggle against 
slavery. The courageous Harriet Tubman delivered 300 slaves to freedom 
on the Underground Railroad. The great Thurgood Marshall argued the 
Brown v. Board of Education Case before the Supreme Court, and later 
became a Supreme Court Justice himself.
  Maryland is home to contemporary leaders, too. The dynamic Kweisi 
Mfume, president of the NAACP, who, like me, came out of the Baltimore 
City Council. The passionate Elijah Cummings, Chair of the 
Congressional Black Caucus. Clarence Mitchell who was called by many 
the 101st Senator. Parren Mitchell and Al Wynn, fighting for their 
constituents. And all the members of the NAACP, which calls Baltimore 
home.
  It is fitting that the National Great Blacks in Wax Museum and 
Justice Learning Center also calls Baltimore home. The museum and 
learning center is a popular and respected black history museum. 
Approximately 300,000 people a year from around the country and the 
world visit the museum. Many are school children, who can see 
historical figures come to life in the museum's exhibits. Expansion 
will allow the museum to teach even more visitors about the important 
contributions of Black Americans. It will also help revitalize a poor 
neighborhood in East Baltimore. There will be new jobs. There will be 
more tourists. There will be new small businesses. And most important, 
there will be new inspiration for our young people.
  The State of Maryland and City of Baltimore have already contributed 
over $5 million toward this expansion project. Private donors are 
contributing too. Now it's time for the Federal Government to do its 
part. Let's help make this museum a treasure for the entire Nation.
  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. 1233

       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 Great Black 
     Americans Commemoration Act of 2003''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Black Americans have served honorably in Congress, in 
     senior executive branch positions, in the law, the judiciary, 
     and other fields, yet their record of service is not well 
     known by the public, is not included in school history 
     lessons, and is not adequately presented in the Nation's 
     museums.
       (2) The Great Blacks in Wax Museum, Inc. in Baltimore, 
     Maryland, a nonprofit organization, is the Nation's first wax 
     museum presenting the history of great Black Americans, 
     including those who have served in Congress, in senior 
     executive branch positions, in the law, the judiciary, and 
     other fields, as well as others who have made significant 
     contributions to benefit the Nation.
       (3) The Great Blacks in Wax Museum, Inc. plans to expand 
     its existing facilities to establish the National Great 
     Blacks in Wax Museum and Justice Learning Center, which is 
     intended to serve as a national museum and center for 
     presentation of wax figures and related interactive 
     educational exhibits portraying the history of great Black 
     Americans.
       (4) The wax medium has long been recognized as a unique and 
     artistic means to record human history through preservation 
     of the faces and personages of people of prominence, and 
     historically, wax exhibits were used to commemorate noted 
     figures in ancient Egypt, Babylon, Greece, and Rome, in 
     medieval Europe, and in the art of the Italian renaissance.
       (5) The Great Blacks in Wax Museum, Inc. was founded in 
     1983 by Drs. Elmer and Joanne Martin, 2 Baltimore educators 
     who used their personal savings to purchase wax figures, 
     which they displayed in schools, churches, shopping malls, 
     and festivals in the mid-Atlantic region.
       (6) The goal of the Martins was to test public reaction to 
     the idea of a Black history wax museum and so positive was 
     the response over time that the museum has been heralded by 
     the public and the media as a national treasure.
       (7) The museum has been the subject of feature stories by 
     CNN, the Wall Street Journal, the Baltimore Sun, the 
     Washington Post, the New York Times, the Chicago Sun Times, 
     the Dallas Morning News, the Los Angeles Times, USA Today, 
     the Afro American Newspaper, Crisis, Essence Magazine, and 
     others.
       (8) More than 300,000 people from across the Nation visit 
     the museum annually.
       (9) The new museum will carry on the time honored artistic 
     tradition of the wax medium; in particular, it will recognize 
     the significant value of this medium to commemorate and 
     appreciate great Black Americans whose faces and personages 
     are not widely recognized.
       (10) The museum will employ the most skilled artisans in 
     the wax medium, use state-of-the-art interactive exhibition 
     technologies, and consult with museum professionals 
     throughout the Nation, and its exhibits will feature the 
     following:
       (A) Blacks who have served in the Senate and House of 
     Representatives of the United States, including those who 
     represented constituencies in Alabama, Florida, Georgia, 
     Louisiana, Mississippi, North Carolina, South Carolina, and 
     Virginia during the 19th century.
       (B) Blacks who have served in the judiciary, in the 
     Department of Justice, as prominent attorneys, in law 
     enforcement, and in the struggle for equal rights under the 
     law.
       (C) Black veterans of various military engagements, 
     including the Buffalo Soldiers and Tuskegee Airmen, and the 
     role of Blacks in the settlement of the western United 
     States.
       (D) Blacks who have served in senior executive branch 
     positions, including members of Presidents' Cabinets, 
     Assistant Secretaries and Deputy Secretaries of Federal 
     agencies, and Presidential advisers.
       (E) Other Blacks whose accomplishments and contributions to 
     human history during the last millennium and to the Nation 
     through more than 400 years are exemplary, including Black 
     educators, authors, scientists, inventors, athletes, clergy, 
     and civil rights leaders.
       (11) The museum plans to develop collaborative programs 
     with other museums, serve as a clearinghouse for training, 
     technical assistance, and other resources involving use of 
     the wax medium, and sponsor traveling exhibits to provide 
     enriching museum experiences for communities throughout the 
     Nation.
       (12) The museum has been recognized by the State of 
     Maryland and the city of Baltimore as a preeminent facility 
     for presenting and interpreting Black history, using the wax 
     medium in its highest artistic form.
       (13) The museum is located in the heart of an area 
     designated as an empowerment zone, and is considered to be a 
     catalyst for economic and cultural improvements in this 
     economically disadvantaged area.

     SEC. 3. ASSISTANCE FOR NATIONAL GREAT BLACKS IN WAX MUSEUM 
                   AND JUSTICE LEARNING CENTER.

       (a) Assistance for Museum.--Subject to subsection (b), the 
     Attorney General, acting through the Office of Justice 
     Programs of the Department of Justice, shall, from amounts 
     made available under subsection (c), make a grant to the 
     Great Blacks in Wax Museum, Inc. in Baltimore, Maryland, to 
     pay the Federal share of the costs of expanding and creating 
     the National Great Blacks in Wax Museum and Justice Learning 
     Center, including the cost of its design, planning, 
     furnishing, and equipping.

[[Page 14516]]

       (b) Grant Requirements.--
       (1) In general.--To receive a grant under subsection (a), 
     the Great Blacks in Wax Museum, Inc. shall submit to the 
     Attorney General a proposal for the use of the grant, which 
     shall include detailed plans for the design, construction, 
     furnishing, and equipping of the National Great Blacks in Wax 
     Museum and Justice Learning Center.
       (2) Federal share.--The Federal share of the costs 
     described in subsection (a) shall not exceed 25 percent.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000, to 
     remain available until expended.

  Mr. HATCH. Mr. President, I am proud to join Senator Mikulski as 
cosponsor of the ``National Great Black Americans Commemoration Act of 
2003.'' This legislation will help offer a more complete portrayal of 
our Nation's proud history--one that includes an increased awareness of 
the contributions made by many great black Americans of various fields 
and accomplishments.
  This legislation seeks to recognize the contributions of African 
Americans who have served in Congress or other government capacities, 
in the military, or in other important roles as educators, authors, 
scientists, inventors, athletes, clergy and civil rights leaders. 
Clearly, there are few, if any, areas of American culture and history 
that have not been touched and improved upon by the impact of black 
individuals. As we recognize this, it is important that we also 
recognize those whose goal is to make available the history of these 
outstanding people.
  One such institution is The Great Blacks in Wax Museum, a nonprofit 
organization in Baltimore, MD, whose mission is to present the history 
of black Americans and to highlight their contributions to our nation. 
I believe that this institution's work thus far and its goals for the 
future make it worthy of our support. This legislation not only 
commends the efforts made by this museum to date, but authorizes the 
appropriation of funds that will help the museum to improve and expand. 
Appropriate Federal assistance, coupled with other funding raised by 
the museum, will allow the current institution to become the National 
Great Blacks in Wax Museum and Justice Learning Center, which will be 
better equipped to serve its purposes. This improved museum will be a 
bright example for projects with similar goals and will provide an 
excellent source of historical education for all who visit.
  I am a strong believer that our history should be presented in a 
complete and accurate manner. Where we have understated in the past, we 
should make amends. The development of the National Great Blacks in Wax 
Museum and Justice Learning Center will be a valuable statement 
recognizing the contributions of so many great African Americans. I 
hope that my colleagues will see the merit in this endeavor and will 
lend their support to the National Great Black Americans Commemoration 
Act.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Smith):
  S. 1234. A bill to reauthorize the Federal Trade Commission, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCAIN. Mr. President, today I am joined by the Chairman of the 
Senate Commerce Committee's Competition, Foreign Commerce, and 
Infrastructure Subcommittee, Senator Smith, in introducing the Federal 
Trade Commission Reauthorization Act of 2003. This legislation is 
designed to reauthorize the Federal Trade Commission, FTC or 
Commission, in furtherance of its mission to enhance the efficient 
operation of the marketplace by both eliminating acts or practices that 
are unfair or deceptive and preventing anti-competitive conduct. This 
vital consumer protection agency has not been reauthorized since 1996.
  Title I of the bill is nearly identical to legislation that was 
reported by the Commerce Committee last year. It would authorize 
funding for Fiscal Years 2004 through 2006. In addition, this portion 
of the bill would authorize the FTC to provide investigative and other 
services to a requesting law enforcement agency and receive from that 
agency, if offered, reimbursement for the FTC's involvement. This part 
of the bill also would grant the Commission the authority it has 
requested to receive gifts or items that would be useful to the 
Commission as long as a conflict of interest is not created by such 
receipt.
  The second title of the bill is designed to mitigate the challenges 
that the FTC currently faces in combating cross-border fraud. The FTC's 
responsibility to protect consumers is essential, particularly in 
today's global climate of high-speed information and marketing, which 
knows no international borders. This title would improve the 
Commission's ability to: share information involving cross-border fraud 
with foreign consumer protection agencies; secure confidential 
information from those foreign agencies; take legal action in foreign 
jurisdictions; seek redress on behalf of foreign consumers victimized 
by U.S.-based wrongdoers; make criminal referrals for cross-border 
criminal activity; and strengthen its relationship with foreign 
consumer protection agencies. The Competition Subcommittee will hold a 
hearing later today on the FTC's reauthorization and will consider a 
number of issues including the Commission's cross-border fraud 
proposal.
  Not included in the bill is language that was reported by the 
Commerce Committee last Fall that would repeal the ``common carrier'' 
exemption in the FTC's organizing statute that currently precludes the 
Commission from exercising authority over certain activities of 
telecommunications common carriers. The Federal Communications 
Commission, FCC, currently has jurisdiction over these common carriers.
  While I fully support any effort to combat entities that perpetrate 
fraud on consumers, and I respect the expertise and ability of the FTC 
and FCC to seek redress for victims of such fraud, I made it clear 
during the Commerce Committee's executive session last Fall that a 
discussion was necessary between the two agencies to resolve any 
overlap in jurisdiction that may exist. It is our understanding that 
the FTC and FCC are in the process of negotiating an agreement that 
would satisfy the objectives of both agencies to further their 
respective consumer protection missions. Thus, for now, we will reserve 
judgment as to whether such a repeal is necessary.
  Meanwhile, I look forward to working on this important consumer 
protection legislation and I hope that my colleagues will agree to join 
us in expeditiously moving this reauthorization through the legislative 
process. Reauthorizing the FTC is important if the agency is to 
continue to successfully carry out its many responsibilities.
  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. 1234

       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 ``Federal Trade Commission 
     Reauthorization Act of 2003''.

                        TITLE I--REAUTHORIZATION

     SEC. 101. REAUTHORIZATION.

       The text of section 25 of the Federal Trade Commission Act 
     (15 U.S.C. 57c) is amended to read as follows:
       ``There are authorized to be appropriated to carry out the 
     functions, powers, and duties of the Commission not to exceed 
     $194,742,000 for fiscal year 2004, $224,695,000 for fiscal 
     year 2005, and $235,457,000 for fiscal year 2006.''.

     SEC. 102. AUTHORITY TO ACCEPT REIMBURSEMENTS, GIFTS, AND 
                   VOLUNTARY AND UNCOMPENSATED SERVICES.

       The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
     amended--
       (1) by redesignating section 26 as section 28; and
       (2) by inserting after section 25 the following:

     ``SEC. 26. REIMBURSEMENT OF EXPENSES.

       ``The Commission may accept payment or reimbursement, in 
     cash or in kind, from a domestic or foreign law enforcement 
     authority, or payment or reimbursement made on behalf of such 
     authority, for expenses incurred by the Commission, its 
     members, or

[[Page 14517]]

     employees in carrying out any activity pursuant to a statute 
     administered by the Commission without regard to any other 
     provision of law. Any such payments or reimbursements shall 
     be considered a reimbursement to the appropriated funds of 
     the Commission.

     ``SEC. 27. GIFTS AND VOLUNTARY AND UNCOMPENSATED SERVICES.

       ``(a) In General.--In furtherance of its functions the 
     Commission may accept, hold, administer, and use 
     unconditional gifts, donations, and bequests of real, 
     personal, and other property and, notwithstanding section 
     1342 of title 31, United States Code, accept voluntary and 
     uncompensated services.
       ``(b) Limitations.--
       ``(1) Conflicts of interest.--Notwithstanding subsection 
     (a), the Commission may not accept, hold, administer, or use 
     a gift, donation, or bequest if the acceptance, holding, 
     administration, or use would create a conflict of interest or 
     the appearance of a conflict of interest.
       ``(2) Voluntary services.--A person who provides voluntary 
     and uncompensated service under subsection (a) shall not be 
     considered a Federal employee for any purpose other than for 
     purposes of chapter 81 of title 5, United States Code, 
     (relating to compensation for injury) and section 2671 
     through 2680 of title 28, United States Code, (relating to 
     tort claims).''.

              TITLE II--INTERNATIONAL CONSUMER PROTECTION

     SEC. 201. FINDINGS.

       The Congress finds the following:
       (1) The Federal Trade Commission protects consumers from 
     fraud and deception. Cross-border fraud and deception are 
     growing international problems that affect American consumers 
     and businesses.
       (2) The development of the Internet and improvements in 
     telecommunications technologies have brought significant 
     benefits to consumers. At the same time, they have also 
     provided unprecedented opportunities for those engaged in 
     fraud and deception to establish operations in one country 
     and victimize a large number of consumers in other countries.
       (3) An increasing number of consumer complaints collected 
     in the Consumer Sentinel database maintained by the 
     Commission, and an increasing number of cases brought by the 
     Commission, involve foreign consumers, foreign businesses or 
     individuals, or assets or evidence located outside the United 
     States.
       (4) The Commission has legal authority to remedy law 
     violations involving domestic and foreign wrongdoers, 
     pursuant to the Federal Trade Commission Act. The 
     Commission's ability to obtain effective relief using this 
     authority, however, may face practical impediments when 
     wrongdoers, victims, other witnesses, documents, money and 
     third parties involved in the transaction are widely 
     dispersed in many different jurisdictions. Such circumstances 
     make it difficult for the Commission to gather all the 
     information necessary to detect injurious practices, to 
     recover offshore assets for consumer redress, and to reach 
     conduct occurring outside the United States that affects 
     United States consumers.
       (5) Improving the ability of the Commission and its foreign 
     counterparts to share information about cross-border fraud 
     and deception, to conduct joint and parallel investigations, 
     and to assist each other is critical to achieve more timely 
     and effective enforcement in cross- border cases.
       (6) Consequently, Congress should enact legislation to 
     provide the Commission with more tools to protect consumers 
     across borders.

     SEC. 202. FOREIGN LAW ENFORCEMENT AGENCY DEFINED.

       Section 4 of the Federal Trade Commission Act (15 U.S.C. 
     44) is amended by adding at the end the following:
       `` `Foreign law enforcement agency' means--
       ``(1) any agency or judicial authority of a foreign 
     government, including a foreign state, a political 
     subdivision of a foreign state, or a multinational 
     organization constituted by and comprised of foreign states, 
     that is vested with law enforcement or investigative 
     authority in civil, criminal, or administrative matters;
       ``(2) any multinational organization, to the extent that it 
     is acting on behalf of an entity described in paragraph (1); 
     or
       ``(3) any organization that is vested with authority, as a 
     principal mission, to enforce laws against fraudulent, 
     deceptive, misleading, or unfair commercial practices 
     affecting consumers, in accordance with criteria laid down by 
     law, by a foreign state or a political subdivision of a 
     foreign state.''.

     SEC. 203. SHARING INFORMATION WITH FOREIGN LAW ENFORCEMENT 
                   AGENCIES.

       (a) In General.--Section 21(b)(6) of the Federal Trade 
     Commission Act (15 U.S.C. 57b-2(b)(6)) is amended by adding 
     at the end ``The custodian may make such material available 
     to any foreign law enforcement agency upon the prior 
     certification of any officer of any such foreign law 
     enforcement agency that such material will be maintained in 
     confidence and will be used only for official law enforcement 
     purposes, provided that the foreign law enforcement agency 
     has set forth a legal basis for its authority to maintain the 
     material in confidence. Nothing in the preceding sentence 
     authorizes disclosure of material obtained in connection with 
     the administration of Federal antitrust laws or foreign 
     antitrust laws (within the meaning of section 12 of the 
     International Antitrust Enforcement Assistance Act of 1994 
     (15 U.S.C. 6211)) to any officer or employee of a foreign law 
     enforcement agency.''.
       (b) Publication of Information; Reports.--Section 6(f) of 
     the Federal Trade Commission Act (15 U.S.C. 46(f)) is 
     amended--
       (1) by striking ``agencies or to any officer or employee of 
     any State law enforcement agency'' and inserting ``agencies, 
     to any officer or employee of any State law enforcement 
     agency, or to any officer or employee of any foreign law 
     enforcement agency'';
       (2) by striking ``Federal or State law enforcement agency'' 
     and inserting ``Federal, State, or foreign law enforcement 
     agency''; and
       (3) by adding at the end ``Such information shall be 
     disclosed to an officer or employee of a foreign law 
     enforcement agency only if the foreign law enforcement agency 
     has set forth a legal basis for its authority to maintain the 
     information in confidence. Nothing in the preceding sentence 
     authorizes the disclosure of material obtained in connection 
     with the administration of Federal antitrust laws or foreign 
     antitrust laws (within the meaning of section 12 of the 
     International Antitrust Enforcement Assistance Act of 1994 
     (15 U.S.C. 6211)) to any officer or employee of a foreign law 
     enforcement agency.''.

     SEC. 204. OBTAINING INFORMATION FOR FOREIGN LAW ENFORCEMENT 
                   AGENCIES.

       Section 6 of the Federal Trade Commission Act (15 U.S.C. 
     46) is amended by adding at the end the following:
       ``(j)(1) Upon request from a foreign law enforcement 
     agency, to provide assistance in accordance with this 
     subsection if the requesting agency states that it is 
     investigating, or engaging in enforcement proceedings 
     against, possible violations of laws prohibiting fraudulent, 
     deceptive, misleading, or unfair commercial conduct, or other 
     conduct that may be similar to conduct prohibited by any 
     provision of the laws administered by the Commission, other 
     than Federal antitrust laws (within the meaning of section 12 
     of the International Antitrust Enforcement Assistance Act of 
     1994 (15 U.S.C. 6211)), the Commission may, in its 
     discretion--
       ``(A) conduct such investigation as the Commission deems 
     necessary to collect information and evidence pertinent to 
     the request for assistance, using all investigative powers 
     authorized by this Act; and
       ``(B) seek and accept appointment by a United States 
     district court of Commission attorneys to provide assistance 
     to foreign and international tribunals and to litigants 
     before such tribunals on behalf of a foreign law enforcement 
     agency pursuant to section 1782 of title 28, United States 
     Code.
       ``(2) The Commission may provide assistance under paragraph 
     (1) without regard to whether the conduct identified in the 
     request would also constitute a violation of the laws of the 
     United States.
       ``(3) In deciding whether to provide such assistance, the 
     Commission shall consider--
       ``(A) whether the requesting agency has agreed to provide 
     or will provide reciprocal assistance to the Commission; and
       ``(B) whether compliance with the request would prejudice 
     the public interest of the United States.
       ``(4) If a foreign law enforcement agency has set forth a 
     legal basis for requiring execution of an international 
     agreement as a condition for reciprocal assistance, or as a 
     condition for disclosure of materials or information to the 
     Commission, the Commission, after consultation with the 
     Secretary of State, may negotiate and conclude an 
     international agreement, in the name of either the United 
     States or the Commission and with the final approval of the 
     agreement by the Secretary of State, for the purpose of 
     obtaining such assistance or disclosure. The Commission may 
     undertake in such an international agreement--
       ``(A) to provide assistance using the powers set forth in 
     this subsection;
       ``(B) to disclose materials and information in accordance 
     with subsection (f) of this section and section 21(b)(6) of 
     this Act; and
       ``(C) to engage in further cooperation, and protect 
     materials and information received from disclosure, as 
     authorized by this Act.
       ``(5) The authority in this subsection is in addition to, 
     and not in lieu of, any other authority vested in the 
     Commission or any other officer of the United States.''.

     SEC. 205. INFORMATION SUPPLIED BY AND ABOUT FOREIGN SOURCES.

       Section 21(f) of the Federal Trade Commission Act (15 
     U.S.C. 57b-2(f)) is amended--
       (1) by inserting ``(1) before ``Any''; and adding at the 
     end the following:
       ``(2)(A) Except as provided in subparagraph (C) of this 
     paragraph, the Commission shall not be compelled to 
     disclose--
       ``(i) material obtained from a foreign law enforcement 
     agency or other foreign government agency, if the foreign law 
     enforcement

[[Page 14518]]

     agency or other foreign government agency has requested 
     confidential treatment as a condition of disclosing the 
     material;
       ``(ii) material reflecting consumer complaints obtained 
     from any other foreign source, if that foreign source 
     supplying the material has requested confidential treatment 
     as a condition of disclosing the material; or
       ``(iii) material reflecting a consumer complaint submitted 
     to a Commission reporting mechanism sponsored in part by 
     foreign law enforcement agencies or other foreign government 
     agencies.
       ``(B) For purposes of section 552 of title 5, this 
     paragraph shall be considered a statute described in 
     subsection (b)(3)(B) of such section 552.
       ``(C) Nothing in this paragraph shall authorize the 
     Commission to withhold information from the Congress or 
     prevent the Commission from complying with an order of a 
     court of the United States in an action commenced by the 
     United States or the Commission.''.

     SEC. 206. CONFIDENTIALITY AND DELAYED NOTICE OF PROCESS.

       (a) The Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
     is amended by inserting after section 21 (15 U.S.C. 57b-2) 
     the following:

     ``SEC. 21A. CONFIDENTIALITY AND DELAYED NOTICE OF COMPULSORY 
                   PROCESS FOR CERTAIN THIRD PARTIES.

       ``(a) Confidentiality of Compulsory Process Issued by the 
     Commission.--
       ``(1) This subsection shall apply only in connection with 
     compulsory process issued by the Commission where the 
     recipient of such process is not a subject of the 
     investigation or proceeding at the time such process is 
     issued.
       ``(2) Notwithstanding any law or regulation of the United 
     States, any constitution, law or regulation of any State or 
     political subdivision of any State or any Territory or the 
     District of Columbia, or any contract or other legally 
     enforceable agreement, the Commission may seek an order 
     requiring the recipient of compulsory process described in 
     paragraph (1) to keep such process confidential, upon an ex 
     parte showing to an appropriate United States district court 
     that there is a reason to believe that disclosure may--
       ``(A) result in the transfer of assets or records outside 
     the territorial limits of the United States;
       ``(B) impede the ability of the Commission to identify or 
     trace funds;
       ``(C) endanger the life or physical safety of an 
     individual;
       ``(D) result in flight from prosecution;
       ``(E) result in destruction of or tampering with evidence;
       ``(F) result in intimidation of potential witnesses;
       ``(G) result in the dissipation or concealment of assets; 
     or
       ``(H) otherwise seriously jeopardize an investigation or 
     unduly delay a trial.
       ``(3) Upon a showing described in paragraph (2), the 
     presiding judge or magistrate judge shall enter an ex parte 
     order prohibiting the recipient of process from disclosing 
     that information has been submitted or that a request for 
     information has been made, for such period as the court deems 
     appropriate.
       ``(b) Materials Subject to Government Notification Under 
     the Right to Financial Privacy Act.--
       ``(1) When section 1105 or 1107 of the Right to Financial 
     Privacy Act of 1978 (12 U.S.C. 3405 or 3407) would otherwise 
     require notice, notwithstanding such requirements, the 
     Commission may obtain from a financial institution access to 
     or copies of financial records of a customer, as these terms 
     are defined in section 1101 of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3401), through compulsory process 
     described in subsection (a)(1) or through a judicial 
     subpoena, without prior notice to the customer, upon an ex 
     parte showing to an appropriate United States district court 
     that there is reason to believe that the required notice may 
     cause an adverse result described in subsection (a)(2).
       ``(2) Upon such showing, the presiding judge or magistrate 
     judge shall enter an ex parte order granting a delay of 
     notice for a period not to exceed 90 days and an order 
     prohibiting the financial institution from disclosing that 
     records have been submitted or that a request for records has 
     been made.
       ``(3) The court may grant extensions of the period of delay 
     of notice provided in paragraph (2) of up to 90 days, upon a 
     showing that the requirements for delayed notice under 
     subsection (a)(2) continue to apply.
       ``(4) Upon expiration of the periods of delay of notice 
     ordered under paragraphs (2) and (3), the Commission shall 
     serve upon, or deliver by registered or first-class mail, or 
     as otherwise authorized by the court to, the customer a copy 
     of the process together with notice that states with 
     reasonable specificity the nature of the law enforcement 
     inquiry, informs the customer or subscriber when the process 
     was served, and states that notification of the process was 
     delayed under this subsection.
       ``(c) Materials Subject to Government Notification Under 
     the Electronic Communications Privacy Act.--
       ``(1) When section 2703(b)(1)(B) of title 18 would 
     otherwise require notice, notwithstanding such requirements, 
     the Commission may obtain, through compulsory process 
     described in subsection (a)(1) or through judicial subpoena,
       ``(A) from a provider of remote computing services, access 
     to or copies of the contents of a wire or electronic 
     communication described in section 2703(b)(1) of title 18, 
     and as those terms are defined in section 2510 of title 18, 
     or
       ``(B) from a provider of electronic communications 
     services, access to or copies of the contents of a wire or 
     electronic communication that has been in electronic storage 
     in an electronic communications system for more than 180 
     days, as those terms are defined in section 2510 of title 18,
     without prior notice to the customer or subscriber, upon an 
     ex parte showing to an appropriate United States district 
     court by a Commission official that there is reason to 
     believe that notification of the existence of the process may 
     cause an adverse result described in subsection (a)(2). Upon 
     such a showing, the presiding judge or magistrate judge shall 
     issue an exparte order granting a delay of notice for a 
     period not to exceed 90 days. A court may grant extensions of 
     the period of delay of notice of up to 90 days, upon 
     application by the Commission and a showing that the 
     requirements for delayed notice under subsection (b)(2) 
     continue to apply.
       ``(2) The Commission may apply to a court for an order 
     prohibiting a provider of electronic communications service 
     or remote computing service to whom process has been issued 
     under this subsection, for such period as the court deems 
     appropriate, from disclosing that information has been 
     submitted or that a request for information has been made. 
     The court shall enter such an order if it has reason to 
     believe that such disclosure may cause an adverse result 
     described in subsection (b)(2).
       ``(3) Upon expiration of the periods of delay of notice 
     ordered under subparagraph (1), the Commission shall serve 
     upon, or deliver by registered or first-class mail, or as 
     otherwise authorized by the court to, the customer or 
     subscriber a copy of the process together with notice that 
     states with reasonable specificity the nature of the law 
     enforcement inquiry, informs the customer or subscriber when 
     the process was served, and states that notification of the 
     process was delayed under this subsection.
       ``(4) Nothing in the Electronic Communications Privacy Act 
     shall prohibit a provider of electronic communications 
     services or remote computing services from disclosing 
     complaints received by it from a customer or subscriber or 
     information reflecting such complaints to the Commission.
       ``(d) Liability Limitation.--The recipient of compulsory 
     process under subsections (a), (b), or (c) shall not be 
     liable to any person under any law or regulation of the 
     United States, any constitution, law, or regulation of any 
     State or political subdivision of any State or any Territory 
     or the District of Columbia, or under any contract or other 
     legally enforceable agreement, for failure to provide notice 
     that such process has been issued or that the recipient has 
     provided information in response to such process. The 
     preceding sentence does not provide any exemption from 
     liability for the underlying conduct reported.
       ``(e) In-camera Proceedings.--Upon application by the 
     Commission, all judicial proceedings pursuant to this section 
     shall be held in camera and the records thereof sealed until 
     expiration of the period of delay or such other date as the 
     presiding judge or magistrate judge may permit.
       ``(f) Procedure Inapplicable to Certain Proceedings.--This 
     section shall not apply to compulsory process issued in an 
     investigation or proceeding related to the administration of 
     Federal antitrust laws or foreign antitrust laws (within the 
     meaning of section 12 of the International Antitrust 
     Enforcement Assistance Act of 1994 (15 U.S.C. 6211)).''.
       (b) Section 16(a)(2) of the Federal Trade Commission Act 
     (15 U.S.C. 56(a)(2)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (C);
       (2) by striking ``Act;'' in subparagraph (D) and inserting 
     ``Act; or''; and
       (3) by inserting after subparagraph (D) the following:
       ``(E) under section 21a of this Act;''.

     SEC. 207. PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.

       The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
     amended by inserting after section 21a, as added by section 
     206 of this title, the following:

     ``SEC. 21B. PROTECTION FOR VOLUNTARY PROVISION OF 
                   INFORMATION.

       ``(a) In General.--An entity described in subsection (d)(1) 
     that voluntarily provides material to the Commission that it 
     reasonably believes is relevant to--
       ``(1) a possible unfair or deceptive act or practice, as 
     defined in section 5(a) of this Act, or
       ``(2) assets subject to recovery by the Commission, 
     including assets located in foreign jurisdictions,

     shall not be liable to any person under any law or regulation 
     of the United States, or

[[Page 14519]]

     any constitution, law, or regulation of any State or 
     political subdivision of any State or any Territory or the 
     District of Columbia, for such disclosure or for any failure 
     to provide notice of such disclosure. The preceding sentence 
     does not provide any exemption from liability for the 
     underlying conduct reported.
       ``(b) Liability Limitation.--An entity described in 
     subsection (d)(2) that makes a voluntary disclosure to the 
     Commission regarding the subjects described in subsection 
     (a)(1) and (2) shall be exempt from liability in accordance 
     with the provisions of section 5318(g)(3) of title 31, United 
     States Code.
       ``(c) FOIA Exemption.--Material submitted pursuant to this 
     section with a request for confidential treatment shall be 
     exempt from disclosure under section 552 of title 5, United 
     States Code.
       ``(d) Entities to Which Section Applies.--This section 
     applies to the following entities, whether foreign or 
     domestic:
       ``(1) A courier service, a commercial mail receiving 
     agency, an industry membership organization, a payment system 
     provider, a consumer reporting agency, a domain name 
     registrar and registry, a provider of remote computing 
     services or electronic communication services, to the limited 
     extent such a provider is disclosing consumer complaints 
     received by it from a customer or subscriber, or information 
     reflecting such complaints; and
       ``(2) a bank or thrift institution, a commercial bank or 
     trust company, an investment company, a credit card issuer, 
     an operator of a credit card system, and an issuer, redeemer, 
     or cashier of travelers' checks, checks, money orders, or 
     similar instruments.''.

     SEC. 208. INFORMATION SHARING WITH FINANCIAL REGULATORS.

       Section 1112(e) of the Right to Financial Privacy Act (12 
     U.S.C. 3412(e)) is amended by inserting ``the Federal Trade 
     Commission,'' after ``the Securities and Exchange 
     Commission,''.

     SEC. 209. REPRESENTATION IN FOREIGN LITIGATION.

       Section 16 of the Federal Trade Commission Act (15 U.S.C. 
     56) is amended by adding at the end the following:
       ``(c)(1) The Commission may designate Commission attorneys 
     to assist the Department of Justice in connection with 
     litigation in foreign courts in which the Commission has an 
     interest, pursuant to the terms of a memorandum of 
     understanding to be negotiated by the Commission and the 
     Department of Justice.
       ``(2) The Commission is authorized to expend appropriated 
     funds for the retention of foreign counsel for consultation 
     and for litigation in foreign courts, and for expenses 
     related to consultation and to litigation in foreign courts 
     in which the Commission has an interest.''.

     SEC. 210. AVAILABILITY OF REMEDIES.

       Section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45) is amended by adding at the end the following:
       ``(o) Unfair or Deceptive Acts or Practices Involving 
     Foreign Commerce.--
       ``(1) In general.--For purposes of subsection (a), the 
     term`unfair or deceptive acts or practices' includes such 
     acts or practices involving foreign commerce that--
       ``(A) cause or are likely to cause reasonably foreseeable 
     injury within the United States; or
       ``(B) involve material conduct occurring within the United 
     States.
       ``(2) Application of remedies to such acts or practices.--
     All remedies available to the Commission with respect to 
     unfair and deceptive acts or practices shall be available for 
     acts and practices described in paragraph (1), including 
     restitution to domestic or foreign victims.''.

     SEC. 211. CRIMINAL REFERRALS.

       Section 6 of the Federal Trade Commission Act (15 U.S.C. 
     46), as amended by section 204 of this title, is amended by 
     adding at the end the following:
       ``(k) Referral of Evidence for Criminal Proceedings.--
     Whenever the Commission obtains evidence that any person, 
     partnership or corporation, either domestic or foreign, may 
     have engaged in conduct that could give rise to criminal 
     proceedings, to transmit such evidence to the Attorney 
     General who may, in his discretion, institute criminal 
     proceedings under appropriate statutes. Provided that nothing 
     in this subsection affects any other authority of the 
     Commission to disclose information.''.

     SEC. 212. STAFF EXCHANGES.

       The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
     amended by inserting after section 25 (15 U.S.C. 57c) the 
     following:

     ``SEC. 25A. STAFF EXCHANGES.

       ``(a) In General.--The Congress consents to--
       ``(1) the retention or employment of officers or employees 
     of foreign government agencies on a temporary basis by the 
     Commission under section 3109 of title 5, United States Code, 
     section 202 of title 18, United States Code, or section 2 of 
     this Act (15 U.S.C. 42); and
       ``(2) the retention or employment of officers or employees 
     of the Commission on a temporary basis by such foreign 
     government agencies.
       ``(b) Form of Arrangements.--Staff arrangements under 
     subsection (a) need not be reciprocal. The Commission may 
     accept payment or reimbursement, in cash or in kind, from a 
     foreign government agency to which this section is 
     applicable, or payment or reimbursement made on behalf of 
     such agency, for expenses incurred by the Commission, its 
     members, and employees in carrying out such arrangements.''.

     SEC. 213. EXPENDITURES FOR COOPERATIVE ARRANGEMENTS.

       (a) In General.--Section 6 of the Federal Trade Commission 
     Act (15 U.S.C. 46) as amended by section 211 of this title, 
     is further amended by adding at the end the following:
       ``(p) To expend appropriated funds for--
       ``(1) operating expenses and other costs of bilateral and 
     multilateral cooperative law enforcement groups conducting 
     activities of interest to the Commission and in which the 
     Commission participates; and
       ``(2) expenses for consultations and meetings hosted by the 
     Commission with foreign government agency officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to the 
     Commission's mission, development and implementation of 
     cooperation agreements, and provision of technical assistance 
     for the development of foreign consumer protection or 
     competition regimes, such expenses to include necessary 
     administrative and logistic expenses and the expenses of 
     Commission staff and foreign invitees in attendance at such 
     consultations and meetings including--
       ``(A) such incidental expenses as meals taken in the course 
     of such attendance;
       ``(B) any travel and transportation to or from such 
     meetings; and
       ``(3) any other related lodging or subsistence.''.
       (b) Authorization of Appropriations.--The Federal Trade 
     Commission is authorized to expend appropriated funds not to 
     exceed $100,000 per fiscal year for purposes of section 6(p) 
     of the Federal Trade Commission Act (15 U.S.C. 46(p)), 
     including operating expenses and other costs of the following 
     bilateral and multilateral cooperative law enforcement 
     groups:
       (1) The International Consumer Protection and Enforcement 
     Network.
       (2) The International Competition Network.
       (3) The Mexico-U.S.-Canada Health Fraud Task Force.
       (4) Project Emptor.
       (5) The Toronto Strategic Partnership and other regional 
     partnerships with a nexus in a Canadian province.
                                 ______
                                 
      By Mr. EDWARDS (for himself, Mr. Reed, and Mr. Roberts):
  S. 1235. A bill to increase the capabilities of the United States to 
provide reconstruction assistance to countries or regions impacted by 
armed conflict, and for other purposes; to the Committee on Foreign 
Relations.
  Mr. EDWARDS. Mr. President, today I am proud to join with two of my 
colleagues--Senator Reed and Senator Roberts--to introduce legislation 
that will help America meet a critical challenge that, during the past 
decade, it has faced over and over: helping countries that have 
suffered from conflict work to rebuild their societies.
  Over the past two years, America has proved again that we have the 
finest military force in the world. In Afghanistan and Iraq, the men 
and women of America's military performed with great bravery and skill. 
By defeating the Taliban and removing Saddam Hussein's regime from 
power, they showed that they are the world's best trained troops using 
the world's most sophisticated weapons. This is a powerful example of 
the leadership and commitment both here in the Congress and in 
successive Administrations--both Democrat and Republican--to ensure 
that our military remains the best equipped, best trained, most 
prepared fighting force in the world.
  But these decisive military victories have been followed by a peace 
where success has not been so clear. First in Afghanistan, and now in 
Iraq, our efforts to help these societies get back on their feet have 
produced mixed results. To be sure, the challenges in both countries 
are profound: Afghanistan suffered from nearly a quarter-century of 
civil war, and Iraq suffered for more than two decades under the thumb 
of Saddam Hussein and his brutal regime. Both countries have deep 
internal divisions and little experience with representative 
government. While it is reasonable to assume post-conflict 
reconstruction efforts in both nations will take considerable time, 
these realities cannot be an excuse for the overall shortcoming in our 
own efforts, especially because we have the resources and capabilities 
to do better.

[[Page 14520]]

  This is not the first time we have faced such challenges. Since the 
end of the Cold War, thousands of American military, diplomatic and 
humanitarian personnel have also been involved in major post-conflict 
reconstruction efforts in such places as Bosnia, Kosovo, Somalia, 
Rwanda, Haiti, and East Timor. Each of these efforts has had varying 
degrees of success, but on balance, I think we all can agree that we 
could have done better.
  Too often, our response to post-conflict situations has been 
haphazard and slow to start. And once underway, our efforts often 
suffer from a cumbersome chain-of-command, lack of resources, and 
inadequate accountability.
  The problem is that our government is still not well organized to 
deal with such situations. Each time we get involved in a post-conflict 
reconstruction effort we end up making it up as we go. We waste 
valuable time reinventing the bureaucratic wheel. And we get in 
unnecessary arguments about who should do what and who should be in 
charge.
  It is remarkable that even with all the commitments we have made 
during the past decade, next to nothing has been done to reform the way 
our government works to enhance our capacity to deal with these 
situations effectively. Governmental mechanisms developed during the 
Cold War are outdated and not suited to addressing the complex set of 
challenges created by failed states.
  We must do better. After more than ten years of improvising our 
responses to these challenges, it is time to change the way we do 
things. We need to improve our ability to plan, coordinate, and 
organize U.S. government resources to assist with post-conflict 
reconstruction. We need to train our people more effectively. We need a 
better sense of what works and what does not. We need greater 
accountability. And we need to promote the means for involving other 
countries in these efforts, including through institutions like NATO.
  I believe that the ``Winning the Peace Act'' is an important step 
toward accomplishing these goals. This legislation is based upon the 
work of the bipartisan ``Commission on Post-Conflict Reconstruction,'' 
convened by the Association of the U.S. Army and the Center for 
Strategic and International Studies, CSIS. This Commission was very 
ably led by Dr. John Hamre, the former Deputy Secretary of Defense, and 
General Gordon Sullivan, the former Army Chief of Staff. The Commission 
was composed of twenty-seven distinguished military, diplomatic and 
humanitarian experts, including myself and my two Senate cosponsors.
  The legislation includes five key proposals:
  First, it calls on the President to appoint a Director of 
Reconstruction for areas where the U.S. will assist with post-conflict 
reconstruction. These Directors will provide oversight, help 
coordinate, and have decision-making authority for all U.S. government 
reconstruction activities in a particular country. They will also 
coordinate with the representatives of the country in question, other 
foreign governments, multilateral organizations, and relevant NGOs.
  Second, it establishes a permanent office within the State Department 
to provide support to Directors of Reconstruction, ensuring that these 
Directors can hit the ground running and not waste valuable time hiring 
staff and getting office space.
  Third, it establishes within USAID an Office of International 
Emergency Management. This new office will develop and maintain a 
database of individuals with expertise in reconstruction, and provide 
support for mobilizing these experts.
  Fourth, it calls on NATO to develop an ``Integrated Security Support 
Component'' to assist with reconstruction. This NATO-led force will 
help provide security, including assistance with policing ensuring that 
America will not be forced to shoulder these burdens alone.
  Finally, this bill establishes an interagency training center for 
post-conflict reconstruction. This will be run by the State Department, 
and will help train personnel in assessment, strategy development, 
planning, and coordination related to providing reconstruction 
services. It will also develop and certify experts in the field, and 
conduct lesson-learned reviews of operations.
  Having these resources in place will enhance America's capacity to 
assist reconstruction in four critical areas: Security and public 
safety, such as assisting with disarmament and training of police 
forces; Justice, such as developing the rule of law, preventing human 
rights violations, and bringing war criminals to justice; Governance, 
such as reforming civil administration, restoring basic civil 
functions, and establishing processes of governance and participation; 
and Economic and Social Well-being, such as providing humanitarian 
assistance and developing national economic institutions.
  With these changes, we will not only make America's efforts to assist 
in post-conflict reconstruction more efficient and accountable. We will 
also make our efforts more effective contributing more to the safety 
and security of the people we are trying to help, and helping them run 
their countries on their own.
  By ensuring that we maintain the best military in the world, we have 
made a full commitment to winning wars. It is now time to ensure that 
we are capable of winning the peace.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Winning the Peace Act of 
     2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) President George W. Bush has stated that the United 
     States security strategy takes into account the fact that 
     ``America is now threatened less by conquering states than we 
     are by failing ones''.
       (2) Failed states can provide safe haven for a diverse 
     array of transnational threats, including terrorist networks, 
     militia and warlords, global organized crime, and narcotics 
     traffickers who threaten the security of the United States 
     and the allies of the United States.
       (3) The inability of the authorities in a failed state to 
     provide basic services can create or contribute to 
     humanitarian emergencies.
       (4) It is in the interest of the United States and the 
     international community to bring conflict and humanitarian 
     emergencies stemming from failed states to a lasting and 
     sustainable close.
       (5) Since the end of the Cold War, United States military, 
     diplomatic, and humanitarian personnel have been engaged in 
     major post-conflict reconstruction efforts in such places as 
     Iraq, Bosnia, Kosovo, Somalia, Haiti, Rwanda, East Timor, and 
     Afghanistan.
       (6) Assisting failed states in emerging from violent 
     conflict is a complex and long-term task, as demonstrated by 
     the experience that 50 percent of such states emerging from 
     conditions of violent conflict slip back into violence within 
     5 years.
       (7) In 2003, the bipartisan Commission on Post-Conflict 
     Reconstruction created by the Center for Strategic and 
     International Studies and the Association of the United 
     States Army, released a report explaining that ``United 
     States security and development agencies still reflect their 
     Cold War heritage. The kinds of complex crises and the 
     challenge of failed states encountered in recent years do not 
     line up with these outdated governmental mechanisms. If 
     regional stability is to be maintained, economic development 
     advanced, lives saved, and transnational threats reduced, the 
     United States and the international community must develop a 
     strategy and enhance capacity for pursuing post-conflict 
     reconstruction.''.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) Director.--The term ``Director'' means a Director of 
     Reconstruction for a country or region designated by the 
     President under section 4.
       (3) Reconstruction services.--The term ``reconstruction 
     services'' means activities related to rebuilding, reforming, 
     or establishing the infrastructure processes or institutions 
     of a country that has been affected by an armed conflict, 
     including services related to--
       (A) security and public safety, including--
       (i) disarmament, demobilization, and reintegration of 
     combatants;
       (ii) training and equipping civilian police force; and

[[Page 14521]]

       (iii) training and equipping of national armed forces;
       (B) justice, including--
       (i) developing rule of law and legal, judicial, and 
     correctional institutions;
       (ii) preventing human rights violations;
       (iii) bringing war criminals to justice;
       (iv) supporting national reconciliation processes; and
       (v) clarifying property rights;
       (C) governance, including--
       (i) reforming or developing civil administration and other 
     government institutions;
       (ii) restoring performance of basic civil functions, such 
     as schools, health clinics, and hospitals; and
       (iii) establishing processes of governance and 
     participation; and
       (D) economic and social well-being, including--
       (i) providing humanitarian assistance;
       (ii) constructing or repairing infrastructure;
       (iii) developing national economic institutions and 
     activities, such as a banking system; and
       (iv) encouraging wise stewardship of natural resources for 
     the benefit of the citizens of such country.

     SEC. 4. DIRECTOR OF RECONSTRUCTION POSITIONS.

       (a) Authorization of Positions.--The President is 
     authorized to designate an individual who is a civilian as 
     the Director of Reconstruction for each country or region in 
     which--
       (1) units of the United States Armed Forces have engaged in 
     armed conflict; or
       (2) as a result of armed conflict, the country or region 
     will receive reconstruction services from the United States 
     Government.
       (b) Authority To Provide Reconstruction Services.--
     Notwithstanding any provision of law, other than section 553 
     of the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 2003 (division E of Public Law 
     108-7; 117 Stat. 200), the President is authorized to provide 
     reconstruction services for any country or region for which a 
     Director has been designated under subsection (a).
       (c) Duties.--A Director who is designated for a country or 
     region under subsection (a) shall provide oversight and 
     coordination of, have decision making authority for, and 
     consult with Congress regarding, all activities of the United 
     States Government that are related to providing 
     reconstruction services in such country or region, including 
     implementing complex, multidisciplinary post-conflict 
     reconstruction programs in such country or region.
       (d) Coordination.--A Director shall coordinate with the 
     representatives of the country or region where the Director 
     is overseeing and coordinating the provision of 
     reconstruction services, and any foreign government, 
     multilateral organization, or nongovernmental organization 
     that is providing services to such country or region--
       (1) to avoid providing reconstruction services that 
     duplicate any such services that are being provided by a 
     person or government other than the United States Government;
       (2) to capitalize on civil administration systems and 
     capabilities available from such person or government; and
       (3) to utilize individuals or entities with expertise in 
     providing reconstruction services that are available through 
     such other person or government.
       (e) Support Services.--The Secretary of State is authorized 
     to establish within the Department of State a permanent 
     office to provide support, including administrative services, 
     to each Director designated under subsection (a).

     SEC. 5. INTERNATIONAL EMERGENCY MANAGEMENT OFFICE.

       (a) Authorization.--The Administrator is authorized to 
     establish within the United States Agency for International 
     Development an Office of International Emergency Management 
     for the purposes described in subsection (b).
       (b) Purposes.--
       (1) In general.--The purposes of the Office authorized by 
     subsection (a) shall be--
       (A) to develop and maintain a database of individuals or 
     entities that possess expertise in providing reconstruction 
     services; and
       (B) to provide support for mobilizing such individuals and 
     entities to provide a country or region with services 
     applying such expertise when requested by the Director for 
     such country or region.
       (2) Experts.--The individuals or entities referred to in 
     paragraph (1) may include employees or agencies of the 
     Federal Government, any other government, or any other 
     person, including former Peace Corps volunteers or civilians 
     located in the affected country or region.

     SEC. 6. INTEGRATED SECURITY SUPPORT COMPONENT.

       (a) Sense of Congress Regarding the Creation of an 
     Integrated Security Support Component of NATO.--It is the 
     sense of Congress that--
       (1) the Secretary of State and the Secretary of Defense 
     should present to the North Atlantic Council a proposal to 
     establish within the North Atlantic Treaty Organization an 
     Integrated Security Support Component to train and equip 
     selected units within the North Atlantic Treaty Organization 
     to assist in providing security in countries or regions that 
     require reconstruction services; and
       (2) if such a Component is established, the President 
     should commit United States personnel to participate in such 
     Component, after appropriate consultation with Congress.
       (b) Authority To Participate in an Integrated Support 
     Component.--
       (1) In general.--If the North Atlantic Council establishes 
     an Integrated Security Support Component, as described in 
     subsection (a), the President is authorized to commit United 
     States personnel to participate in such Component, after 
     appropriate consultation with Congress.
       (2) Capabilities.--The units composed of United States 
     personnel participating in such Component pursuant to the 
     authority in paragraph (1) should be capable of--
       (A) providing for security of a civilian population, 
     including serving as a police force; and
       (B) providing for the performance of public functions and 
     the execution of security tasks such as control of 
     belligerent groups and crowds, apprehending targeted persons 
     or groups, performing anti-corruption tasks, and supporting 
     police investigations.

     SEC. 7. TRAINING CENTER FOR POST-CONFLICT RECONSTRUCTION 
                   OPERATIONS.

       (a) Establishment.--The Secretary of State shall establish 
     within the Department of State an interagency Training Center 
     for Post-Conflict Reconstruction Operations for the purposes 
     described in subsection (b).
       (b) Purposes.--The purposes of the Training Center 
     authorized by subsection (a) shall be to--
       (1) train interagency personnel in assessment, strategy 
     development, planning, and coordination related to providing 
     reconstruction services;
       (2) develop and certify experts in fields related to 
     reconstruction services who could be called to participate in 
     operations in countries or regions that require such 
     services;
       (3) provide training to individuals who will provide 
     reconstruction services in a country or region;
       (4) develop rapidly deployable training packages for use in 
     countries or regions in need of reconstruction services; and
       (5) conduct reviews of operations that provide 
     reconstruction services for the purpose of--
       (A) improving subsequent operations to provide such 
     services; and
       (B) developing appropriate training and education programs 
     for individuals who will provide such services.

     SEC. 8. REPORTS TO CONGRESS.

       Not later than 180 days after the date of the enactment of 
     this Act, the President shall submit to Congress a report on 
     the actions planned to be taken to carry out the provisions 
     of this Act.
                                 ______
                                 
      By Mr. CAMPBELL (for himself and Mr. ALLARD):
  S. 1236. A bill to direct the Secretary of the Interior to establish 
a program to control or eradicate tamarisk in the western States, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, I rise today to introduce the Tamarisk 
Control & Riparian Restoration Act.
  Tamarisk is a noxious weed that is not native to the Americas, but 
has spread across 11 States, from California to Oklahoma, like a 
plague. Many westerners consider Tamarisk, also known as Salt Cedar, to 
be one of the West's most significant natural resources problems for a 
variety of reasons.
  Tamarisk's major threat is that it uses a significant amount of 
water, far more water than many realize. Yet, folks out West know all 
too well that we have been and are still experiencing one of the worst 
droughts in the West's recorded history. People who have been farming 
and ranching for generations have been forced to sell their homesteads 
and give up the life they love because there just hasn't been enough 
water for crops or to maintain livestock. I've personally felt the 
effects of the drought as my wife and I have had to sell our little 
cow/calf operation.
  I mentioned earlier that Tamarisk uses significant amounts of water, 
but I want to speak a little bit now about just how much water it uses. 
Studies have found that Tamarisk uses from 2 to 4\1/2\ million acre 
feet of water each year, water we frankly cannot afford to lose.
  To put that in perspective, several other States and the Republic of 
Mexico are delivered 10 million acre feet from all of Colorado's rivers 
and streams, including the mighty Colorado River. California is 
allotted 4\1/2\ million acre feet of Colorado water per year. That 
means that Tamarisk, a

[[Page 14522]]

noxious, nonnative weed, uses the same amount of water flowing from 
Colorado to California. We must address the preventable loss of this 
most valuable resource before it's too late.
  My bill seeks to begin get the Tamarisk problem under control in a 
few innovative ways. First, my bill requires the Secretary of the 
Interior to assess the extent of Tamarisk invasion, identifying where 
it is in each affected State, and estimate the costs to restore the 
land.
  Second, my bill establishes a State Tamarisk Assistance Program to 
provide States the needed funds to control or eradicate Tamarisk. Grant 
funds will be distributed to states in accordance with the severity of 
the Tamarisk problem they have.
  The Governor of each State will appoint a state lead agency to 
administer the program in the State, working with Indian Tribes, 
colleges and universities, nonprofit organizations, soil and water 
conservancy districts, and Federal partners. This coordinate approach 
provides sufficient flexibility to deal with Tamarisk's spread and to 
reduce duplicative efforts.
  A watershed or basin can stretch across all kinds of land, including 
Federal, State, or tribal lands. Noxious weeds don't recognize those 
ownership boundaries and neither can we.
  Since my bill's focus is on getting rid of this water-sucking weed, 
it requires that 90 percent of the Federal funds must be used for 
eradiction or rehabilitation.
  This legislation authorizes $20 million for 2004 and such sums as 
necessary thereafter. States must share the burden by ponying up 25 
percent of the costs. The Tamarisk problem hurts everyone and the non-
Federal share can come from counties, municipalities, special 
districts, nongovernmental entities, or the States themselves.
  Our Nation is in a deficit, and every state is experiencing money 
shortages. Americans demand to know that their hard earned money is 
being spent wisely and in the most effient way possible. That is why my 
bill requires that each participating State must submit a report of the 
Secretary describing the purpose and results of the project in order to 
receive funding. In the West, water is more precious and scarce than 
elsewhere in our great nation. To do nothing about the preventable loss 
of precious water by the spread of this noxious plant and the loss of 
native habitat will cost us untold millions more in the future.
  Back in my State of Colorado, constituents tell me how the drought 
has affected them, even devastated their livelihoods. No one can 
control the weather and bring rain. However, getting a handle on the 
water-sucking Tamarisk plaguing the West is possible--if we act now.
  My bill provides the necessary tools to deal with this problem so 
that ther will be enough water for all of us, and habitat suitable for 
native species of plants and animals.
  I ask unanimous consent that the next 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. 1236

       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 ``Tamarisk Control and 
     Riparian Restoration Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the western United States is currently experiencing its 
     worst drought in modern history;
       (2) the drought in the western United States has caused--
       (A) severe losses in rural, agricultural, and recreational 
     economies;
       (B) detrimental effects on wildlife; and
       (C) increased risk of wildfires;
       (3) it is estimated that throughout the western United 
     States tamarisk, a noxious and non-native plant--
       (A) occupies between 1,000,000 and 1,500,000 acres of land; 
     and
       (B) is a nonbeneficial user of 2,000,000 to 4,500,000 acre-
     feet of water per year;
       (4) the amount of nonbeneficial use of water by tamarisk--
       (A) is greater than the amount that valuable native 
     vegetation would have used; and
       (B) represents enough water for--
       (i) use by 20,000,000 or more people; or
       (ii) the irrigation of over 1,000,000 acres of land;
       (5) scientists have established that tamarisk infestations 
     can--
       (A) increase soil and water salinity;
       (B) increase the risk of flooding through increased 
     sedimentation and decreased channel conveyance;
       (C) increase wildfire potential;
       (D) diminish human enjoyment of and interaction with the 
     river environment; and
       (E) adversely affect--
       (i) wildlife habitat for threatened and endangered species; 
     and
       (ii) the abundance and biodiversity of other species; and
       (6) as drought conditions and legal requirements relating 
     to water supply accelerate water shortages, innovative 
     approaches are needed to address the increasing demand for a 
     diminishing water supply.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Program.--The term ``program'' means the Tamarisk 
     Assistance Program established under section 5.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (3) State.--The term ``State'' means--
       (A) each of the States of Arizona, California, Colorado, 
     Idaho, Montana, New Mexico, Nevada, Oklahoma, Texas, Utah, 
     and Wyoming; and
       (B) any other State that is affected by tamarisk, as 
     determined by the assessment conducted under section 4.

     SEC. 4. TAMARISK ASSESSMENT.

       (a) In General.--Not later than 180 days after the date on 
     which funds are made available to carry out this section, the 
     Secretary shall complete an assessment of the extent of 
     tamarisk invasion in the western United States.
       (b) Components.--The assessment under subsection (a) 
     shall--
       (1) address past and ongoing research on tested and 
     innovative methods to control tamarisk;
       (2) estimate the costs for destruction of tamarisk, biomass 
     removal, and restoration and maintenance of land;
       (3) identify the States affected by tamarisk; and
       (4) include a gross-scale estimation of infested acreage 
     within the States identified.

     SEC. 5. STATE TAMARISK ASSISTANCE PROGRAM.

       (a) Establishment.--Based on the findings of the assessment 
     under section 4, the Secretary shall establish the Tamarisk 
     Assistance Program to provide grants to States to carry out 
     projects to control or eradicate tamarisk.
       (b) Amount of Grant.--The amount of a grant to a State 
     under subsection (a) shall be determined by the Secretary, 
     based on the estimated infested acreage in the State.
       (c) Designation of Lead State Agency.--On receipt of a 
     grant under subsection (a), the Governor of a State shall 
     designate a lead State agency to administer the program in 
     the State.
       (d) Priority.--
       (1) In general.--The lead State agency designated under 
     subsection (c), in consultation with the entities described 
     in paragraph (2), shall establish the priority by which grant 
     funds are distributed to projects to control or eradicate 
     tamarisk in the State.
       (2) Entities.--The entities referred to in paragraph (1) 
     are--
       (A) the National Invasive Species Council;
       (B) the Invasive Species Advisory Committee;
       (C) representatives from Indian tribes in the State that 
     have weed management entities or that have particular 
     problems with noxious weeds;
       (D) institutions of higher education in the State;
       (E) State agencies;
       (F) nonprofit organizations in the State; and
       (G) soil and water conservation districts in the State that 
     are actively conducting research on or implementing 
     activities to control or eradicate tamarisk.
       (e) Conditions.--A lead State agency shall require that, as 
     a condition of receipt of a grant under this Act, a grant 
     recipient provide to the lead State agency any necessary 
     information relating to a project carried out under this Act.
       (f) Administrative Expenses.--Not more than 10 percent of 
     the amount of a grant provided under subsection (a) may be 
     used for administrative expenses.
       (g) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of 
     carrying out a project under this section shall be not more 
     than 75 percent.
       (2) Non-federal share.--The non-Federal share may be paid 
     by a State, county, municipality, special district, or 
     nongovernmental entity.
       (h) Report.--To be eligible for additional grants under the 
     program, not later than 180 days after the date of completion 
     of a project carried out under this Act, a lead State agency 
     shall submit to the Secretary a report that describes the 
     purposes and results of the project.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act--

[[Page 14523]]

       (1) $20,000,000 for fiscal year 2004; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.
                                 ______
                                 
      By Mr. BENNETT (for himself, Mr. Hatch, Mr. Crapo, Mr. Craig, and 
        Mr. Dorgan):
  S. 1237. A bill to amend the Rehabilitation Act of 1973 to provide 
for more equitable allotment of funds to States for centers for 
independent living; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BENNETT. Mr. President, today I am introducing The Independent 
Living Improvement Act of 2003, a bill to provide a more equitable 
allotment of funds to States for Centers for Independent Living.
  Centers for Independent Living, CILs, are non-profit organizations 
that assist people with significant disabilities who want to live more 
independently. CILs are primarily staffed by people with disabilities 
who act as role models, mentors, and counselors to other individuals 
with disabilities. Each center not only offers fundamental services 
such as information referral, and independent living skills training, 
it also tailors its services to the particular needs of its community. 
The ultimate goal of these centers is to help individuals become more 
independent and decrease the need for institutional care.
  Currently, funds authorized for CILs under Title VII, Part C of the 
Rehabilitation Act are essentially allocated to States on the basis of 
their share of the total population. States with small populations are 
guaranteed the larger of $450,000 or \1/3\ of 1 percent of the funds 
available for the fiscal year in which the allocation is made, with a 
guaranteed minimum at the fiscal 1992 funding level for each State.
  While the Federal appropriation to CILs has increased over the last 
five years, the growing disparity between funding for small States and 
larger States is problematic. The proposed formula change would amend 
the current funding formula for CILs to provide for more equitable 
distribution of future funds to each state. Fifty percent of any 
increase in CILs appropriated fund would be allocated according to 
population, as is currently done, and the remaining fifty percent would 
be divided equally among all States. The formula would only be 
applicable to any future increases in funding. This more equitable 
sharing of funds ensures that each State's CILs will receive additional 
funding each time there is an increase in funding and programs will be 
developed for people with disabilities regardless of where they live in 
the country.
  This bill is supported by the National Council on Independent Living. 
I believe this a reasonable approach to solving this problem and look 
forward to working with my colleagues on this issue.
  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. 1237

       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 ``Independent Living 
     Improvement Act of 2003''.

     SEC. 2. STATE ALLOTMENTS FOR CENTERS FOR INDEPENDENT LIVING.

       Section 721 of the Rehabilitation Act of 1973 (42 U.S.C. 
     796f) is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Allotments to States.--
       ``(1) Definitions.--In this subsection:
       ``(A) Additional appropriation.--The term `additional 
     appropriation' means the amount (if any) by which the 
     appropriation for a fiscal year exceeds the total of--
       ``(i) the amount reserved under subsection (b) for that 
     fiscal year; and
       ``(ii) the appropriation for fiscal year 2003.
       ``(B) Appropriation.--The term `appropriation' means the 
     amount appropriated to carry out this part.
       ``(C) Base appropriation.--The term `base appropriation' 
     means the portion of the appropriation for a fiscal year that 
     is equal to the lesser of--
       ``(i) an amount equal to 100 percent of the appropriation, 
     minus the amount reserved under subsection (b) for that 
     fiscal year; or
       ``(ii) the appropriation for fiscal year 2003.
       ``(2) Allotments to states from base appropriation.--After 
     the reservation required by subsection (b) has been made, the 
     Commissioner shall allot to each State whose State plan has 
     been approved under section 706 an amount that bears the same 
     ratio to the base appropriation as the amount the State 
     received under this subsection for fiscal year 2003 bears to 
     the total amount that all States received under this 
     subsection for fiscal year 2003.
       ``(3) Allotments to states additional appropriation.--From 
     any additional appropriation for each fiscal year, the 
     Commissioner shall allot to each State whose State plan has 
     been approved under section 706 an amount equal to the sum 
     of--
       ``(A) an amount that bears the same ratio to 50 percent of 
     the additional appropriation as the population of the State 
     bears to the population of all States; and
       ``(B) \1/56\ of 50 percent of the additional appropriation.
       ``(4) Maintenance of effort.--
       ``(A) In general.--The Commissioner shall not make a 
     payment for the allotments described in this subsection to 
     any State for a fiscal year unless the Commissioner--
       ``(i) determines that the State independent living 
     expenditure for the first preceding fiscal year is not less 
     than the State independent living expenditure for the second 
     preceding fiscal year; or
       ``(ii) reduces the amount of the payment by the amount by 
     which the State independent living expenditure for the second 
     preceding fiscal year exceeds the State independent living 
     expenditure for the first preceding fiscal year.
       ``(B) Definition.--In this subsection, the term `State 
     independent living expenditure', used with respect to a 
     fiscal year, means the total expenditure in the State of 
     other Federal funds (other than funds made available to carry 
     out this part), State funds, and local funds for that fiscal 
     year to provide assistance for centers for independent 
     living.''.

     SEC. 3. REPORT.

       Section 704(m)(4)(D) of the Rehabilitation Act of 1973 (42 
     U.S.C. 795c(m)(4)(D)) is amended by inserting ``, including 
     reports indicating the manner in which and extent to which 
     the State complied with the maintenance of effort requirement 
     specified in section 721(c)(4)(A)(i)'' before the semicolon.
                                 ______
                                 
      By Mrs. LINCOLN (for herself, Mrs. Murray, Ms. Landrieu, and Ms. 
        Cantwell):
  S. 1238. A bill to amend titles XVIII, XIX, and XXI of the Social 
Security Act to improve women's health, and for other purposes; to the 
Committee on Finance.
  Mrs. LINCOLN. Mr. President, I am pleased to introduce the Improving 
Women's Health Act of 2003, which seeks to make Medicare, Medicaid, and 
S-CHIP better programs for women. I am pleased to be joined in this 
effort today by my friends Senators Murray, Landrieu, and Cantwell.
  Women are the majority of Medicare recipients, and, at age 85, women 
make up 71 percent of the Medicare population. By adding several modern 
treatments to the list of Medicare benefits, we will begin to address 
some of the most prominent, underlying risk factors for illness that 
face women Medicare beneficiaries today. These new benefits represent 
the highest recommendations for Medicare beneficiaries in the U.S. 
Preventive Services Task Force and the Institute of Medicine. These 
benefits can help reduce Medicare beneficiaries' risk for health 
problems such as diabetes, stroke, cancer, osteoporosis, and heart 
disease.
  This bill would also eliminate all cost-sharing for these and 
existing preventive health benefits to encourage women to get screened 
for diseases such as osteoporosis and breast cancer. We need to get rid 
of all barriers to preventative services. Studies have shown that cost-
sharing deters beneficiaries, especially those with low-incomes, from 
getting screened.
  Because heart disease is the number one killer of women, this bill 
would add new preventive services to Medicare, such as cholesterol 
screening, medical nutrition therapy services for beneficiaries with 
cardiovascular disease, counseling for cessation of tobacco use, and 
diabetes screening.
  In addition, this bill provides for coverage of annual pap smear and 
pelvic exams and boosts the payment amount for screening mammography 
under Medicare. Numerous reports in the media have indicated that 
screening mammography is not adequately reimbursed and, as a result, 
facilities are closing or ending their service. Facilities are saying 
that they are losing money on every patient that comes through the 
door, and patient load is rising.

[[Page 14524]]

  Recognizing the role women play as caregivers for aging family 
members, this bill provides Medicare beneficiaries with a new option of 
receiving home health services in an adult day care setting. Adult day 
centers enable family caregivers to continue working or simply take a 
break from their caregiving duties. Most importantly, adult day care 
patients benefit from social interaction, therapeutic activities, 
nutrition, health monitoring, and medication management.
  More than 22 million families nationwide, or nearly 1 in 4 families, 
serve as caregivers for aging seniors, providing close to 80 percent of 
the care of to individuals requiring long-term care. Nearly 75 percent 
of people providing care for aging family members are women who also 
maintain other responsibilities, such as working outside of the home 
and raising young children. The average loss of income to these 
caregivers has been shown to be over $650,000 in wages, pension, and 
Social Security benefits. The loss of productivity in U.S. businesses 
ranges from $11 to $29 billion a year. The services offered in adult 
day care facilities provide continuity of care and an important sense 
of community for both the senior and the caregiver. This important 
provision will benefit women of all ages.
  Finally, this legislation provides States with the flexibility and 
Federal resources to improve and expand prenatal care for low-income 
pregnant women. It gives States new options to cover pregnant women 
under their State Children's Health Insurance Program, S-CHIP, to cover 
low-income legal immigrant pregnant women and children under Medicaid 
and S-CHIP, and to cover tobacco cessation counseling services for 
pregnant women under the Medicaid program. The bill also gives States 
the option to provide family planning services and supplies to low-
income women. In recent years, a number of States, including Arkansas, 
have sought and received Federal permission in the form of waivers to 
provide Medicaid-financed family planning services and supplies to 
lower income, uninsured residents whose incomes are above the state's 
regular Medicaid eligibility ceilings. Under this section, States would 
no longer have to seek a waiver to extend Medicaid coverage for family 
planning services; instead they could establish these programs at their 
option.
  I encourage my colleagues to join me by supporting this important 
legislation that will make Medicare, Medicaid, and S-CHIP better 
programs for all women.
                                 ______
                                 
      By Mr. LUGAR:
  S. 1240. A bill to establish the Millennium Challenge Corporation, 
and for other purposes; to the Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, I rise to introduce legislation that is 
intended to unite Senators behind the President's bold new commitment 
to international development. As my colleagues are aware, the President 
has offered a plan called the Millennium Challenge Corporation that 
will focus U.S. energy and resources on countries that, while very 
poor, show commitment to economic reform and development. It is a 
unique plan that would reward and showcase what we Americans believe to 
be the essential ingredients for success: good government, investments 
in people, and a reliance on free markets.
  My colleagues on the Senate Foreign Relations Committee strongly 
supported the goals of the President's initiative and applauded his 
enthusiasm and personal commitment. But, when we considered the MCC 
legislation a few weeks ago, organizational issues divided the 
Committee. The Committee voted 11 to 8 against creating the MCC as an 
independent agency. Instead the functions of the MCC were integrated 
into the State Department.
  This outcome did not capture the President's vision of a fresh start 
for a unique approach to development assistance. The Secretary of State 
himself argued against the Committee's majority on that vote. Secretary 
Powell said that the President's plan would be best achieved through 
the establishment of an innovative, flexible, narrowly targeted and 
highly visible separate organization that can complement other 
assistance provided through more traditional means.
  I believe the Senate should work for a consensus on this issue. This 
important initiative cannot be allowed to founder on a question of 
organization.
  I have been working to develop a middle ground that will satisfy the 
basic goals of all sides. My bill creates the needed ingredients for 
interagency coordination, a top priority among a majority on the 
Committee. But it does not undermine the integrity of the President's 
concept. It puts the MCC under the authority of the Secretary of State 
and has the MCC's Chief Executive Officer report to the Secretary. It 
gives the MCC the same status within the State Department as the U.S. 
Agency for International Development, with the right to manage itself, 
hire staff, and create its own culture. It mandates coordination 
between the MCC and USAID in the field and give USAID the primary role 
in preparing countries for MCC eligibility. It also includes the 
Administrator of USAID on the MCC board to ensure that the perspective 
of USAID is considered.
  Through these means, I believe that the MCC can be substantially 
independent, as envisioned by the President, while preserving the 
leadership of the Secretary of State and the input of USAID.
  I would emphasize that the President has invested his personal 
attention and time in the MCC concept. It is rare for a President of 
either party to provide such strong leadership in the area of 
development assistance. President Bush's advocacy is critical to the 
success of this initiative. I believe Congress will regret its actions 
if we undercut this opportunity for U.S. foreign policy by failing to 
reach a workable consensus on the MCC's organization.
  I am hoping for a strong Senate vote on the MCC and will bring up my 
compromise proposal at an appropriate time. The MCC provides a way to 
focus single-mindedly on economic development that is results-based and 
meets clear benchmarks of success. We can have the coordination we seek 
while also insulating it from short-term political considerations so 
that it can focus on widening the universe of countries that live in 
peace and look to a prosperous and stable future.
  I ask unanimous consent that the two accompany pages be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    Millennium Challenge Corporation


                           ORIGINAL PROPOSAL

       MCC is an independent agency.
       President of the United States--Appoints MCC Chief Exec. 
     Officer subject to advice and consent.
       MCC Board Composition--Secretary of the Treasury, Director 
     of OMB, Secretary of State, Chrman.
       MCC Board Responsibilities--Directs all MCC activities, 
     Develops indicators, Determines eligible countries, Writes 
     contracts with MCC countries, Selects proposals for funding.
       Secretary of State--Serves as Chairman of the MCC Board.
       MCC Chief Exec. Officer--Shall exercise the functions and 
     powers vested in him/her by the President and the Board.
       USAID Administrator--Role not mentioned.


                           MARKED-UP VERSION

       MCC does not exist; functions integrated into State.
       President has no direct role.
       MCC Board does not exist.
       MCC Board does not exist.
       Secretary of State--
       Coordinates all MCA assistance.
       Designates appropriate officer as coordinator.
       Determines eligible countries.
       Writes contracts with MCC countries.
       Coordinator/Millennium Challenge Acct.--
       Develops indicators.
       Coordinates MCA aid with other govt. agencies.
       Pursues MCA coordination with int'l donors.
       Oversees other govt. agencies doing MCA work.
       Resolves disputes amg agencies doing MCA work.
       USAID Administrator--Role not mentioned.


                               COMPROMISE

       MCC in State but has same autonomy as USAID.

[[Page 14525]]

       President--Same as in Original Proposal.
       MCC Board Composition.
       Secretary of the Treasury.
       Administrator of USAID.
       US Trade Representative.
       MCC Chief Exec. Officer.
       Secretary of State, Chrmn.
       MCC Board Responsibilities.
       Develops indicators.
       Determines eligible countries.
       Writes contracts with MCC countries.
       Select proposals for funding.
       Secretary of State.
       Coordinates all US foreign assistance.
       Oversees the MCC Chief Exec. Officer.
       Provides foreign policy guidance to the MCC.
       Suspends MCC assistance in certain cases.
       Serves as Chairman of the MCC Board.
       MCC Chief Exec. Officer.
       Manages the MCC.
       Serves on the MCC board.
       Coordinates MCC aid with other govt. agencies.
       Pursues MCC coordination with int'l donors.
       Oversees MCC work done by other govt. agencies.
       Resolves disputes amg. agencies doing MCC work.
       USAID Administrator.
       Sits on the MCC board.
       MCC required to coordinate with USAID in field.
       USAID has primary role in preparing countries for MCC 
     eligibility.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Hollings, and Mrs. Hutchison):
  S. 1244. A bill to authorize appropriations for the Federal Maritime 
Commission for fiscal years 2004 and 2005; to the Committee on 
Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I am pleased to be joined by Senator 
Hollings, the Ranking Member of the Senate Commerce Committee; and 
Senator Hutchison, the Chairman of the Surface Transportation and 
Merchant Marine Subcommittee, in introducing a bipartisan bill to 
reauthorize the Federal Maritime Commission, FMC.
  The Federal Maritime Commission is an independent agency comprised of 
five commissioners. Its primary responsibility is administering the 
Shipping Act of 1984 and enforcing the Foreign Shipping Practices Act 
and Section 19 of the Merchant Marine Act of 1920. The work carried out 
by the FMC is critical to protecting shippers and carriers from 
restrictive or unfair practices by foreign-flag carriers.
  This legislation would authorize funding for the Commission to 
continue its important work through fiscal year 2005. Specifically, the 
bill would authorize $18.5 million for fiscal year 2004, which is the 
level requested by the Administration, and $19.5 million for fiscal 
year 2005. The bill also would amend Section 102(b) of the 
Reorganization Plan No. 7 of 1961 to require that the Commission's 
chairman be subject to Senate confirmation. Additionally, the bill 
would require the Commission to report to Congress on the status of any 
agreements or discussions with other Federal, State, or local 
governmental agencies concerning issues dealing with the sharing of 
ocean shipping information for the purpose of assisting law enforcement 
or anti-terrorism efforts. The Commission also would be directed to 
make recommendations on how the Commission's ocean shipping information 
could be better utilized to improve port security efforts.
  I look forward to working with my colleagues in moving this bill 
through the legislative process in the weeks ahead.

                          ____________________