[Congressional Record Volume 150, Number 80 (Wednesday, June 9, 2004)]
[Senate]
[Pages S6674-S6677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BINGAMAN:
  S. 2513. A bill to authorize the Secretary of the Interior to provide 
financial assistance to the Eastern New Mexico Rural Water Authority 
for the planning, design, and construction of the Eastern New Mexico 
Rural Water System, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am pleased to introduce a bill 
that authorizes the Bureau of Reclamation to help communities in 
eastern New Mexico develop the Eastern New Mexico Rural Water System 
(ENMRWS). The water supply to be made available by this project is 
absolutely critical to the region's future. I look forward to working 
with my colleagues here in the Senate to help make this project a 
reality.
  The source of water for the ENMRWS is Ute Reservoir, a facility 
constructed by the State of New Mexico in the early 1960s. In 1966, 
Congress authorized Reclamation to study the feasibility of a project 
that would utilize Ute Reservoir to supply water to communities in 
eastern New Mexico (Pub. L. 89-561). Numerous studies were subsequently 
completed, but it was not until the late 1990s that several 
communities, concerned about their reliance on declining and degraded 
groundwater supplies in the area, began to plan seriously for the 
development of a regional water system that would make use of the 
renewable supply available from Ute Reservoir.
  As part of that process, the Eastern New Mexico Rural Water Authority 
was formed to carryout the development of the ENMRWS. The Authority 
consists of nine communities and three counties in eastern New Mexicop 
and has been very effective in finalizing the studies and planning 
necessary to move forward with the project.
  This is a very important bill to the citizens of New Mexico. It has 
the broad support of the communities in the region, as well as 
financial support from the State of New Mexico. There is no question 
that completion of the ENMRWS will provide communities in Quay, 
Roosevelt, and Curry counties with a long-term renewable source of 
water that is needed to sustain current economic activity and support 
future growth and development in the region. I hope my colleagues will 
support this legislation, thereby helping to address water needs in the 
rural West.
  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. 2513

       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 ``Eastern New Mexico Rural 
     Water System Act of 2004''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Entrada Aquifer and the Southern High Plains 
     (Ogallala) Aquifer--
       (A) provide 100 percent of the municipal and industrial 
     water supplies for communities in East Central New Mexico; 
     and
       (B) serve a large majority of the agricultural water users 
     in East Central New Mexico;
       (2) the Entrada and Southern High Plains Aquifers are 
     declining in quantity and deteriorating in quality;
       (3) despite voluntary conservation efforts and improvements 
     in agricultural water use efficiencies, current estimates 
     indicate that present levels of groundwater use in some areas 
     of eastern New Mexico are not sustainable beyond 12 to 25 
     years after the date of enactment of this Act;
       (4) in 1959, the State of New Mexico began construction of 
     the Ute Dam and Reservoir on the Canadian River to develop a 
     long-term sustainable water supply for eastern New Mexico;
       (5) section 2 of Public Law 89-561 (80 Stat. 711) 
     authorized the development of a feasibility study for a water 
     supply project in eastern New Mexico;
       (6) since the feasibility study was authorized, a number of 
     studies have been completed as part of the feasibility study 
     process, including a 1994 study by the New Mexico Interstate 
     Stream Commission estimating the firm annual yield of water 
     from Ute Reservoir at 24,000 acre-feet per year;
       (7) in March 1997, the New Mexico Interstate Stream 
     Commission and the Ute Water Commission entered into an 
     agreement for the purchase of 24,000 acre-feet of water per 
     year for beneficial consumptive use in eastern New Mexico;
       (8) the Eastern New Mexico Rural Water Authority was 
     established to plan, finance, develop, and operate the 
     Eastern New Mexico Rural Water System;
       (9) the conceptual design report for the Eastern New Mexico 
     Rural Water System--
       (A) was finalized in August 2003;
       (B) incorporates a Bureau of Reclamation willingness and 
     ability to pay report prepared in August 2002; and
       (C) was subject to a peer review process that resulted in a 
     supplement to the conceptual design report, the Eastern New 
     Mexico Rural Water System Conceptual Design Peer Review Final 
     Report (December 2003);
       (10) the State of New Mexico--
       (A) strongly supports the development of the Eastern New 
     Mexico Rural Water System; and
       (B) has appropriated amounts to the New Mexico Water Trust 
     Fund to assist communities in eastern New Mexico in securing 
     the financial resources necessary to provide an acceptable 
     cost share for development of the system; and
       (11) completion of the Eastern New Mexico Rural Water 
     System would provide Quay, Roosevelt, and Curry Counties in 
     the State of New Mexico with a long-term reliable and 
     renewable source of water that would--
       (A) sustain current economic activity; and
       (B) support future economic development and growth in the 
     region.
       (b) Purpose.--The purpose of this Act is to authorize the 
     Secretary of the Interior to provide financial and technical 
     assistance to the Eastern New Mexico Rural Water Authority to 
     plan, design, and construct the Eastern New Mexico Rural 
     Water System to provide a long-term reliable and renewable 
     source of water to communities in eastern New Mexico.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Authority.--The term ``Authority'' means the Eastern 
     New Mexico Rural Water Authority, an entity formed under 
     State law for the purposes of planning, financing, 
     developing, and operating the System.
       (2) Conceptual design report.--The term ``Conceptual Design 
     Report'' means the Eastern New Mexico Rural Water System 
     final report dated August, 2003, as supplemented by the 
     Eastern New Mexico Rural Water System Conceptual Design Peer 
     Review Final Report (December 2003).
       (3) Logan sewer project.--The term ``Logan sewer project'' 
     means the project to improve the water quality in Ute 
     Reservoir, as described in the Village of Logan Wastewater 
     System Preliminary Engineering Report (November 2003).
       (4) Plan.--The term ``plan'' means the operation, 
     maintenance, and replacement plan required by section 
     5(b)(1).
       (5) Portales energy recovery system.--The term ``Portales 
     energy recovery system'' means the infrastructure to reduce 
     pressure in the water system and generate useable power, as 
     described in the Eastern New Mexico Rural Water System 
     Conceptual Design Peer Review Final Report (December 2003).

[[Page S6675]]

       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of New 
     Mexico.
       (8) System.--
       (A) In general.--The term ``System'' means the Eastern New 
     Mexico Rural Water System, a water delivery project designed 
     to deliver approximately 24,000 acre-feet of water per year 
     from the Ute Reservoir to communities located in Quay, 
     Roosevelt, and Curry Counties in eastern New Mexico, as 
     described in the Conceptual Design Report.
       (B) Inclusions.--The term ``System'' includes--
       (i) the Logan sewer project;
       (ii) the Tucumcari advanced wastewater treatment facility; 
     and
       (iii) the Portales energy recovery system.
       (9) Tucumcari advanced wastewater treatment facility.--The 
     term ``Tucumcari advanced wastewater treatment facility'' 
     means the project to improve the water quality in the Ute 
     Reservoir, as described in the Eastern New Mexico Rural Water 
     System Conceptual Design Peer Review Final Report (December 
     2003).
       (10) Ute reservoir.--The term ``Ute Reservoir'' means the 
     impoundment of water created in 1962 by the construction of 
     the Ute Dam on the Canadian River, located approximately 32 
     miles upstream of the border between New Mexico and Texas.

     SEC. 4. EASTERN NEW MEXICO RURAL WATER SYSTEM.

       (a) Financial Assistance.--
       (1) In general.--The Secretary may provide financial 
     assistance to the Authority to assist in planning, designing, 
     conducting related preconstruction activities for, and 
     constructing the System.
       (2) Use.--
       (A) In general.--Any financial assistance provided under 
     paragraph (1) shall be obligated and expended only in 
     accordance with a cooperative agreement entered into under 
     section 6(a)(2).
       (B) Limitations.--Financial assistance provided under 
     paragraph (1) shall not be used--
       (i) for any activity that is inconsistent with developing 
     the facilities described in the Conceptual Design Report, 
     including development of the Logan sewer project; and
       (ii) to plan or construct facilities used to supply water 
     to supply irrigation for agricultural purposes.
       (b) Cost-Sharing Requirement.--
       (1) In general.--The Federal share of the total cost of any 
     activity or construction carried out using amounts made 
     available under this Act shall be 80 percent of the total 
     cost of the System
       (2) System development costs.--For purposes of paragraph 
     (1), the total cost of the System shall include any costs 
     incurred by the Authority on or after October 1, 2003, for 
     the development of the System.
       (c) Limitation.--No amounts made available under this Act 
     may be used for the construction of the System until--
       (1) a plan is developed under section 5(b); and
       (2) the Secretary and the Authority have complied with any 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) applicable to the System.
       (d) Title to Project Works.--Title to the infrastructure of 
     the System shall be held by the Authority, the Town of Logan, 
     New Mexico, the City of Tucumcari, New Mexico, or as may 
     otherwise be specified under State law.

     SEC. 5. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.

       (a) In General.--The Authority shall be responsible for the 
     annual operation, maintenance, and replacement costs 
     associated with the System.
       (b) Operation, Maintenance, and Replacement Plan.--
       (1) In general.--The Authority, in consultation with the 
     Secretary, shall develop an operation, maintenance, and 
     replacement plan that establishes the rates and fees for 
     beneficiaries of the System in the amount necessary to ensure 
     that the System is properly maintained and capable of 
     delivering the quantities of water described in the 
     Conceptual Design Report.
       (2) Modifications.--The allocation of water to the 
     communities specified in the Conceptual Design Report may be 
     modified to adjust the rates and fees in a manner that 
     ensures that the purposes of the plan are addressed.

     SEC. 6. ADMINISTRATIVE PROVISIONS.

       (a) Cooperative Agreements.--
       (1) In general.--The Secretary may enter into any contract, 
     grant, cooperative agreement, or other agreement that is 
     necessary to carry out this Act.
       (2) Cooperative agreement for provision of financial 
     assistance.--
       (A) In general.--The Secretary shall enter into a 
     cooperative agreement with the Authority to provide financial 
     assistance or any other assistance requested by the Authority 
     for planning, design, related preconstruction activities, and 
     construction of the System.
       (B) Requirements.--The cooperative agreement entered into 
     under subparagraph (A) shall, at a minimum, specify the 
     responsibilities of the Secretary and the Authority with 
     respect to--
       (i) ensuring that the cost-share requirements established 
     by section 4(b) are met;
       (ii) completing the planning and final design of the 
     System;
       (iii) any environmental and cultural resource compliance 
     activities required for the System; and
       (iv) the construction of the System.
       (b) Technical Assistance.--At the request of the Authority, 
     the Secretary may provide to the Authority any technical 
     assistance that is necessary to assist the Authority in 
     planning, designing, constructing, and operating the System.
       (c) Effect.--Nothing in this Act---
       (1) affects or preempts--
       (A) State water law; or
       (B) an interstate compact relating to the allocation of 
     water; or
       (2) confers on any non-Federal entity the ability to 
     exercise any Federal rights to--
       (A) the water of a stream; or
       (B) any groundwater resource.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the Secretary to carry out this Act $250,000,000 for the 
     period of fiscal years 2005 through 2016.
       (b) Adjustments.--
       (1) In general.--The amount authorized under subsection (a) 
     shall be adjusted as necessary to account for increases in 
     development costs after the date of enactment of this Act, as 
     determined using appropriate engineering cost indices (as 
     determined by the Secretary).
       (2) Allocation.--The Federal share and non-Federal share of 
     the cost increases determined under paragraph (1) shall be 
     allocated in accordance with the cost-sharing requirements 
     established by section 4(b).
       (c) Nonreimbursable Amounts.--Amounts made available to the 
     Authority in accordance with the cost-sharing requirement 
     under section 4(b) shall be nonreimbursable and nonreturnable 
     to the United States.
       (d) Availability of Funds.--At the end of each fiscal year, 
     any unexpended funds appropriated pursuant to this Act shall 
     be retained for use in future fiscal years consistent with 
     the purposes of this Act.
                                 ______
                                 
      By Mr. LUGAR:
  S. 2514. A resolution to authorize the transfer of funds for foreign 
countries to participate in international peacekeeping or peace 
enforcement operations, and for other purposes; to the Committee on 
Foreign Relations.
  Mr. LUGAR. Mr. President, this legislation supports the President's 
Global Peace Operations Initiative. That initiative contemplates a 
multi-year program to enhance global peacekeeping capacity by training 
and equipping military and security forces to facilitate the deployment 
of trained forces to international peace support operations.
  The initiative stems from recognition of the concerns that have been 
identified in dealing with peace support operations. Specifically it 
has become clear that many countries have the political will to 
participate in peace support operations, but lack the capabilities and 
resources required to deploy and sustain themselves in the field. 
Similarly, some countries have the capacity to conduct traditional 
peacekeeping, but many missions, such as in Liberia, require combat-
like peace enforcement tasks.
  The Group of Eight, meeting this week, has endorsed the President's 
idea that the Group should pursue the goal of training at least 75,000 
international peacekeepers over the next several years and develop a 
plan to provide logistical support around the world. The Group of Eight 
has had a longstanding interest, expressed at both the Kananaskis and 
Evian summits, in providing technical and financial assistance to 
sustain and strengthen peacekeeping capacity worldwide, particularly in 
Africa.
  This bill supports that goal by authorizing a transfer of funding 
from the Department of Defense to the State Department for these 
activities. The administration has made clear to me that the Department 
of Defense believes that the costs for this program would be more than 
offset by the savings realized by not having to deploy U.S. military 
units to international peace operations.
  The President's leadership and initiative demonstrates the strong 
U.S. interest in peace and prosperity worldwide and is an expression of 
U.S. confidence in growing African attention to and capacity in 
addressing security problems on and beyond the continent.
                                 ______
                                 
      By Ms. SNOWE:
  S. 2515. A bill to establish the Inspector General for Intelligence, 
and for other purposes; to the Select Committee on Intelligence.
  Ms. SNOWE. Mr. President, I rise today to introduce legislation that 
will address what I believe are fundamental deficiencies in the 
Intelligence Community's organization and methods of accountability.
  For some time, we have been engaged in an ongoing national debate 
about the scope, methods, organization and

[[Page S6676]]

mission of our intelligence agencies. Since the creation of our modern 
Intelligence Community as part of the National Security Act of 1947 
there have been numerous recommendations to strengthen the Intelligence 
Community leadership and mission to foster better communications and 
better serve the national security of the nation. Events over the last 
decade have highlighted some disturbing intelligence failures--we have 
all spoken sadly of the 1993 World Trade Center Bombing, the Khobar 
Towers tragedy, the attack on the USS Cole, the bombs at our embassies 
in East Africa and of course, September 11. As a Congress we have an 
obligation to address these incidents and work to better our 
intelligence gathering and disseminating capabilities to ensure this 
list is not added to.
  As a member of the Senate Select Committee on Intelligence--and a 
former member of committees on international relations and armed 
services in both this body and the other--I have participated in this 
national debate on many fronts and for many years. Irrespective of the 
events surrounding Director Tenet's recent resignation, I have believed 
strongly in the need for reform of the Intelligence Community for some 
time.
  There is no question that the Intelligence Community requires 
systemic changes. Specifically, increases in human intelligence, better 
information sharing and greater accountability are all issues that 
desperately need to be addressed, and more importantly, acted on. It is 
my hope that the Intelligence Committee aggressively pursue specific 
recommendations based on a Committee-authored report to make 
substantive changes that will address the flaws that have been 
tragically revealed.
  Americans need to know that their intelligence services are doing the 
best job possible in protecting their security. I say this even while I 
must recognize the dedication and professionalism of the thousands of 
Americans who make up our Intelligence Community. Each day across this 
country and around the world, they labor, mostly without recognition, 
to keep this country safe from harm. Our intelligence employees work 
under very demanding conditions and in environments that are extremely 
dangerous and can often shift without notice. They operate in a dizzing 
world of ``what ifs'' where the rules change daily. It is their 
vigilance upon which we rely to give us the forewarning necessary to 
counter the many dangers present in our world. Although it is 
impossible to directly express our deep appreciation for their efforts, 
I charge this body to relay our eternal gratitude to those who serve 
America so well.
  But too often, breakdowns can occur that put Americans' lives at 
risk. There are many of us in Congress who believe that we have gone 
too long without making any real efforts to reform the Intelligence 
Community.
  However appreciative we are of the service done by those who work in 
the fifteen agencies that make up our nation's Intelligence Community, 
we as a Congress have a responsibility to continue to work to find ways 
to help them do an even better job, and more importantly, to ensure 
that any failures are not repeated and that we learn from past 
mistakes. And at the same time, we have an obligation to the people of 
this country to ensure that both pride and comfort in our intelligence 
services exist. The people of this nation, and those of us elected to 
represent them, have a right to know that when mistakes are made, 
corrections soon follow.

  A major focus of mine for many years now has been accountability--
ensuring, for example, that government employees who issue travel visas 
to known terrorists are accountable to the American public for their 
actions. In this same vein, I'd like to see greater accountability 
brought to the Intelligence Community.
  The bill I am introducing today--the ``Intelligence Community 
Accountability Act of 2004''--creates an independent Inspector General 
for Intelligence. This IG is not housed within any one agency, rather, 
it is an Inspector General for the entire Intelligence Community--all 
fifteen agencies and department members.
  We must recognize that fifteen government agencies with fifteen 
different heads, fifteen different missions, fifteen chains of command 
and fifteen institutional paradigms are often handicapped in 
promulgating national intelligence. This in turn can lead to 
disconnects. And sadly in this business, such failures can lead to loss 
of life as we have been so graphically reminded over and over.
  Intelligence comes from a variety of sources and in a wide array of 
forms. The fifteen members of the Intelligence Community must 
adequately interpret what they see, hear and find and then communicate 
that to policy-makers who decide best how to use it in the defense of 
our homeland and interests abroad. The often used but highly 
appropriate cliche, ``connecting the dots'' requires extensive inter-
agency cooperation for this to happen. And if that doesn't happen and 
failures occur as a result . . . who do we hold accountable? How do we 
ensure it doesn't happen again?
  Let me be clear, the Inspector General for Intelligence, or IGI, that 
this legislation creates will not diminish the power of the IG's that 
already exist within each of the Intelligence Community member 
agencies. Rather, it will enhance their powers, giving them an 
overarching body to turn to when their own institutional limits are 
reached--when their investigations or complaints involve other 
Intelligence Community members who may be unwilling to cooperate or 
unable to provide answers or where roadblocks caused by inter-agency 
``turf wars'' are reached. It helps to fill a void in the 
accountability and oversight responsibilities of the Director of 
Central Intelligence in his role as head of the entire Intelligence 
Community.
  In the recent committee report to accompany the FY 2005 Intelligence 
Authorization bill, the committee acknowledged the need for changes in 
the Intelligence Community and stated that it believes the process of 
reform ``must begin.'' Therefore, I submit that we begin as soon as 
possible--I know that the Chairman of our committee is committed to 
this effort and I hope that by bringing my legislation forward at this 
time, my colleagues can see that I too am eager for progress and 
momentum.
  Make no mistake--this effort is intended to be part of a larger push 
to overhaul the entire intelligence community's organizational 
structure. I welcome such a push and as we move forward in that 
endeavor, I will work to ensure my legislation is included in the 
deliberations. But until that happens, I implore my colleagues to study 
the issue, read my legislation and work with me to create this office.
  In looking at the Intelligence Community, we need to recognize that 
we are dealing with an amorphous entity made up of fifteen agencies, 
parts of departments, and independent bodies all spread out within our 
federal government. They each have their own mission, chain of command, 
procedures, history and institutional paradigms.
  By law, and specifically according to Executive Order 12333 issued by 
President Reagan in 1981, the Director of the Central Intelligence 
Agency wears a ``double hat'' by serving as the Director of the entire 
Intelligence Community.
  Within the structure created, he often does the best he can. But as 
head of one of the agencies in the Community, his hands are often tied 
when it comes to exercising his authority over the other 14 members of 
a community over which he has jurisdiction.
  Currently the Director of Central Intelligence has limited budget 
authority over the Pentagon's intelligence budget--which represents 
approximately 85 percent of the total intelligence community budget. 
According to Executive Order 12333, which also defines the 
responsibilities of the Director of Central Intelligence, the DCI is 
charged with working with the Secretary of Defense to ensure that there 
is no unnecessary overlap between national foreign intelligence 
programs and Department of Defense intelligence programs. This provides 
him with limited authority over the DoD intelligence budget, although 
historically this authority has not been exercised.
  My legislation will essentially preserve the powers and role that the 
Director of Central Intelligence currently enjoys as adivsor to the 
President and head of the Intelligence Community, but it would make his 
office a separate

[[Page S6677]]

entity and a member of the President's Cabinet.
  I saw firsthand the consequences of serious inadequacies in 
coordination and communication during my twelve years as ranking member 
of the House Foreign Affairs International Operations Subcommittee and 
chair of the International Operations Subcommittee of the Senate 
Foreign Relations Committee. It was this lack of coordination that 
permitted the radical Egyptian Sheik Rahman, the mastermind of the 
first World Trade Center bombing in 1993, to enter and exit the U.S. 
five times unimpeded even after he was put on the State Department's 
Lookout List in 1987, and allowed him to get permanent residence status 
by the INS even after the State Department issued a certification of 
visa revocation.
  And after the attacks of 9-11, I worked hard to point out the 
importance of the ``Three C's'' that has been lacking among federal 
agencies that are integral to preventing terrorism: coordination, 
communication, and cooperation.
  This legislation that I am introducing today, is an extension of my 
efforts then.
  The bottom line is, if knowledge is power, we are only as strong as 
the weakest link in our information network--therefore, we must ensure 
that the only ``turf war'' will be the one to protect American turf. In 
our fight against terrorism, we can do no less.
  We must move heaven and earth to remove the impediments that keep us 
from maximizing our defense against terrorism, and that means changing 
the prevailing system and culture by re-focusing on the ``Three C's'': 
coordination, communication and cooperation.
  Many of our greatest victories--those won by the men and women in our 
intelligence services--will be measured by the attacks that never 
happen . . . in battles we win before they ever have a name . . . in 
conflicts we prevent before they ever claim one American life. I hope 
we will pass and enact legislation that will help make that possible.

                          ____________________