Federal Maritime Commission Authorization Act of 2003

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.

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.

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.

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.

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.

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.

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 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.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 19, 2003, at 10:00 A.M. to conduct a hearing on ``The Growing Problem of Identity Theft and Its Relationship to the Fair Credit Reporting Act.''

Mr. President. I ask unanimous consent that the Committee on Commerce, Science and Transportation be authorized to meet on Thursday, June 19, 2003, at 9:30 a.m., on pending Committee business.

S. 1264. The Federal Communications Commission

Reauthorization Act of 2003 (Bill Bailey/Lee Carosi/James

Assey).

S. 865. Commercial Spectrum Enhancement Act (Bill Bailey/James Assey).

S. 1234. The Federal Trade Commission Reauthorization Act of 2003 (Ken Nahigian/David Strickland/Cathy McCullough).

S. 1046. Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003 (Lee Carosi/James Assey/ Rachel Welch).

S. 1261. The Consumer Product Safety Commission Reauthorization Act of 2003 (Ken Nahigian/David Strickland/Cathy McCullough).

S. 1244. The Federal Maritime Commission Reauthorization Act of 2003 (Rob Freeman/Mary Phillips/Carl Bentzel).

S. 1262. The Maritime Administration Authorization Act of 2003 (Rob Freeman/Mary Phillips/Carl Bentzel).

S. 247. Harmful Algal Bloom and Hypoxia Amendments Act of 2003 (Drew Minkiewicz/Margaret Spring).

S. 1106. Fishing Quota Act of 2003 (Drew Minkiewicz/Margaret Spring).

S. 861. Coastal and Estuarine Land Protection Act (Drew Minkiewicz/ Margaret Spring).

S. 1152. United States Fire Administration Reauthorization Act of 2003 (Ken LaSala/Jean Toal Eisen).

S. 1260. The Commercial Space Transportation Act of 2003 (Floyd DesChamps/Jean Toal Eisen/John Cullen).

S. 189. 21st Century Nanotechnology Research and Development Act (Ken LaSala/Jean Toal Eisen/Chan Lieu).

S. 877. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 (Paul Martino/David Strickland).

Nomination of Annette Sandberg (PN 440), of Washington, to be Administrator of the Federal Motor Carrier Administration, (Rob Freeman, May Phillips, Virginia Pounds/Debbie Hersman/Vanessa Jones).

Nominations for Promotion in the United States Coast Guard (PNs 689, 671, 672) (Virginia Pounds/Army Fraenkel/Vanessa Jones).

Mr. President, I ask unanimous consent that the Committee on Government Affairs be authorized to meet on Thursday, June 19, 2003, at 10:00 a.m. for a hearing entitled ``Self-Dealing and Breach of Duty: An Initial Review of the ULLICO Matter.''

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet for a hearing on ``Teachers Union Scandals: Closing the Gaps in Union Member Protections'' during the session of the Senate on Thursday, June 19, 2003 at 10:15 a.m. in SD-430.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, June 19, 2003, at 9:30 a.m. in Hart Room 216.

I. Nominations: William H. Pryor, Jr., to be United States Circuit Judge for the Eleventh Circuit; Diane M. Stuart to be Director, Violence Against Women Office, United States Department of Justice.

II. Bills: S. 724, A bill to amend Title 18, United States Code, to exempt certain rocket propellants from prohibitions under that title on explosive materials. [Enzi, Craig, Durbin, Sessions]; S. 1125, Fairness in Asbestos Injury Resolution Act of 2003 (``The FAIR Act'') [Hatch, DeWine, Chambliss]; S. 1233, A bill to authorize assistance for the National Great Blacks in Wax Museum and Justice Learning Center [Mikulski, Hatch, Edwards]; S.J. Res. 1, A joint resolution proposing an amendment to the Constitution of the United States to protect the rights of crime victims [Kyl, Chambliss, Cornyn, Craig, DeWine, Feinstein, Graham, Grassley].

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on Thursday, June 19, 2003 at 2:30 p.m. to hold a closed hearing on intelligence matters.