[Congressional Record Volume 151, Number 38 (Wednesday, April 6, 2005)]
[Senate]
[Pages S3288-S3290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VITTER:
  S. 721. A bill to authorize the Secretary of the Army to carry out a 
program for ecosystem restoration for the Louisiana Coastal Area, 
Louisiana; to the Committee on Environment and Public Works.
  Mr. VITTER. 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. 721

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

     SECTION. 1. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, 
                   LOUISIANA.

       (a) In General.--The Secretary may carry out a program for 
     ecosystem restoration, Louisiana Coastal Area, Louisiana, 
     substantially in accordance with the report of the Chief of 
     Engineers, dated January 31, 2005.
       (b) Priorities.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary shall give priority to--
       (A) any portion of the program identified in the report 
     described in subsection (a) as a critical restoration 
     feature;
       (B) any Mississippi River diversion project that--
       (i) protects a major population area of the Pontchartain, 
     Pearl, Breton Sound, Barataria, or Terrebonne Basin; and
       (ii) produces an environmental benefit to the coastal area 
     of the State of Louisiana or the State of Mississippi; and
       (C) any barrier island, or barrier shoreline, project 
     that--
       (i) is carried out in conjunction with a Mississippi River 
     diversion project; and
       (ii) protects a major population area.
       (c) Non-Federal Share.--
       (1) Credit for integral work.--The Secretary shall provide 
     credit (including in-kind

[[Page S3289]]

     credit) toward the non-Federal share for the cost of any work 
     carried out by the non-Federal interest on a project that is 
     part of the program under subsection (a) if the Secretary 
     determines that the work is integral to the project.
       (2) Carryover of credits.--A credit provided under 
     paragraph (1) may be carried over between authorized projects 
     in the Louisiana Coastal Area ecosystem restoration program.
       (3) Nongovernmental organizations.--A nongovernmental 
     organization shall be eligible to contribute all or a portion 
     of the non-Federal share of the cost of a project under this 
     section.
       (d) Comprehensive Plan.--
       (1) In general.--The Secretary, in coordination with the 
     Governor of the State of Louisiana, shall--
       (A) develop a plan for protecting, preserving, and 
     restoring the coastal Louisiana ecosystem; and
       (B) not later than 1 year after the date of enactment of 
     this Act, and every 5 years thereafter, submit to Congress 
     the plan, or an update of the plan.
       (2) Inclusions.--The comprehensive plan shall include a 
     description of--
       (A) the framework of a long-term program that provides for 
     the comprehensive protection, conservation, and restoration 
     of the wetlands, estuaries (including the Barataria-
     Terrebonne estuary), barrier islands, shorelines, and related 
     land and features of the coastal Louisiana ecosystem, 
     including protection of a critical resource, habitat, or 
     infrastructure from the effects of a coastal storm, a 
     hurricane, erosion, or subsidence;
       (B) the means by which a new technology, or an improved 
     technique, can be integrated into the program under 
     subsection (a); and
       (C) the role of other Federal agencies and programs in 
     carrying out the program under subsection (a).
       (3) Consideration.--In developing the comprehensive plan, 
     the Secretary shall consider the advisability of integrating 
     into the program under subsection (a)--
       (A) a related Federal or State project carried out on the 
     date on which the plan is developed;
       (B) an activity in the Louisiana Coastal Area; or
       (C) any other project or activity identified in--
       (i) the Mississippi River and Tributaries program;
       (ii) the Louisiana Coastal Wetlands Conservation Plan;
       (iii) the Louisiana Coastal Zone Management Plan; or
       (iv) the plan of the State of Louisiana entitled ``Coast 
     2050: Toward a Sustainable Coastal Louisiana''.
       (e) Task Force.--
       (1) Establishment.--There is established a task force to be 
     known as the ``Coastal Louisiana Ecosystem Protection and 
     Restoration Task Force'' (referred to in this subsection as 
     the ``Task Force'').
       (2) Membership.--The Task Force shall consist of the 
     following members (or, in the case of the head of a Federal 
     agency, a designee at the level of Assistant Secretary or an 
     equivalent level):
       (A) The Secretary.
       (B) The Secretary of the Interior.
       (C) The Secretary of Commerce.
       (D) The Administrator of the Environmental Protection 
     Agency.
       (E) The Secretary of Agriculture.
       (F) The Secretary of Transportation.
       (G) The Secretary of Energy.
       (H) The Secretary of Homeland Security.
       (I) 3 representatives of the State of Louisiana appointed 
     by the Governor of that State.
       (3) Duties.--The Task Force shall make recommendations to 
     the Secretary regarding--
       (A) policies, strategies, plans, programs, projects, and 
     activities for addressing conservation, protection, 
     restoration, and maintenance of the coastal Louisiana 
     ecosystem;
       (B) financial participation by each agency represented on 
     the Task Force in conserving, protecting, restoring, and 
     maintaining the coastal Louisiana ecosystem, including 
     recommendations--
       (i) that identify funds from current agency missions and 
     budgets; and
       (ii) for coordinating individual agency budget requests; 
     and
       (C) the comprehensive plan under subsection (d).
       (4) Working groups.--The Task Force may establish such 
     working groups as the Task Force determines to be necessary 
     to assist the Task Force in carrying out this subsection.
       (5) Application of the federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Task Force or any working group of the Task 
     Force.
       (f) Mississippi River Gulf Outlet.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a plan for 
     modifying the Mississippi River Gulf Outlet that addresses--
       (A) wetland losses attributable to the Mississippi River 
     Gulf Outlet;
       (B) channel bank erosion;
       (C) hurricane storm surges;
       (D) saltwater intrusion;
       (E) navigation interests; and
       (F) environmental restoration.
       (2) Report.--If the Secretary determines necessary, the 
     Secretary, in conjunction with the Chief of Engineers, shall 
     submit to Congress a report recommending modifications to the 
     Mississippi River Gulf Outlet, including measures to prevent 
     the intrusion of saltwater into the Outlet.
       (g) Science and Technology.--
       (1) In general.--The Secretary shall establish a coastal 
     Louisiana ecosystem science and technology program.
       (2) Purposes.--The purposes of the program established by 
     paragraph (1) shall be--
       (A) to identify any uncertainty relating to the physical, 
     chemical, geological, biological, and cultural baseline 
     conditions in coastal Louisiana;
       (B) to improve knowledge of the physical, chemical, 
     geological, biological, and cultural baseline conditions in 
     coastal Louisiana; and
       (C) to identify and develop technologies, models, and 
     methods to carry out this subsection.
       (3) Working groups.--The Secretary may establish such 
     working groups as the Secretary determines to be necessary to 
     assist the Secretary in carrying out this subsection.
       (4) Contracts and cooperative agreements.--In carrying out 
     this subsection, the Secretary may enter into a contract or 
     cooperative agreement with an individual or entity (including 
     a consortium of academic institutions in Louisiana and 
     Mississippi) with scientific or engineering expertise in the 
     restoration of aquatic and marine ecosystems for coastal 
     restoration and enhancement through science and technology.
       (h) Analysis of Benefits.--
       (1) In general.--Notwithstanding section 209 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962-2) or any other provision 
     of law, in carrying out an activity to conserve, protect, 
     restore, or maintain the coastal Louisiana ecosystem, the 
     Secretary may determine that the environmental benefits 
     provided by the program under this section outweigh the 
     disadvantage of an activity under this section.
       (2) Determination of cost-effectiveness.--If the Secretary 
     determines that an activity under this section is cost-
     effective, no further economic justification for the activity 
     shall be required.
       (i) Apportionment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the non-Federal interest, shall enter into a contract with 
     the National Academy of Sciences under which the National 
     Academy of Sciences shall conduct a study.
       (2) Identification of causes and sources.--The study under 
     paragraph (1) shall, to the maximum extent practicable, 
     identify--
       (A) each cause of degradation of the Louisiana Coastal Area 
     ecosystem that is attributable to an action by the Secretary;
       (B) an apportionment of the sources of such degradation;
       (C) any potential reduction in the amount of Federal 
     emergency response funds that would occur as a result of 
     ecosystem restoration in the Louisiana Coastal Area; and
       (D) the reduction in costs associated with protection and 
     maintenance of infrastructure that is threatened or damaged 
     as a result of coastal erosion in Louisiana that would occur 
     as a result of ecosystem restoration in the Louisiana Coastal 
     Area.
       (j) Report.--Not later than July 1, 2006, the Secretary, in 
     conjunction with the Chief of Engineers, shall submit to 
     Congress a report describing the features included in table 3 
     of the report described in subsection (a).
       (k) Project Modifications.--
       (1) Review.--The Secretary, in cooperation with any non-
     Federal interest, shall review each federally-authorized 
     water resources project in the coastal Louisiana area in 
     existence on the date of enactment of this Act to determine 
     whether--
       (A) each project is in accordance with the program under 
     subsection (a); and
       (B) the project could contribute to ecosystem restoration 
     under subsection (a) through modification of the operations 
     or features of the project.
       (2) Public notice and comment.--Before modifying an 
     operation or feature of a project under paragraph (1)(B), the 
     Secretary shall provide an opportunity for public notice and 
     comment.
       (3) Report.--
       (A) In general.--Before modifying an operation or feature 
     of a project under paragraph (1)(B), the Secretary shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing the modification.
       (B) Inclusion.--A report under paragraph (2)(B) shall 
     include such information relating to the timeline and cost of 
     a modification as the Secretary determines to be relevant.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out 
     modifications under this subsection $10,000,000.

  Mr. SANTORUM. Mr. President, today I am introducing legislation to 
amend the Internal Revenue Code of 1986 to reduce the tax on beer to 
its pre-1991 level. In 1990, Congress raised taxes on luxury items like 
expensive cars, fur coats, jewelry, yachts and private airplanes and 
doubled the Federal excise tax on beer.
  This was the single largest tax increase on beer in American history 
and resulted in some 60,000 people losing

[[Page S3290]]

their jobs in brewing, distributing, retailing and related industries. 
The tax burden on beer is higher than the average consumer good in the 
American economy, an astounding 44 percent of its retail price. As a 
result of this tax increase the Government collects approximately seven 
times more in beer taxes than the Nation's brewers make in profits.
  The doubling of the beer excise tax in 1990 was regressive, and 
therefore unfair, because it hits lower income taxpayers the hardest. 
Most beer consumers have household incomes below $40,000. Regular beer 
drinkers--Americans raising a family--are the people most affected by 
the increase in the Federal excise tax on beer. Lowering the beer tax 
means more money in the pockets of these hard-working men and women.
  The beer excise tax was first enacted as an emergency measure to help 
finance the Civil War. It is an anachronism in our tax code. Since its 
enactment, dozens of corporate and payroll taxes have been imposed on 
brewers just as they have on other businesses. Yet the beer excise tax 
remains. A rollback of just the 1990 beer tax increase would also help 
maintain good-paying American manufacturing jobs and will create new 
opportunities and a boost to the economy. The U.S. system of alcohol 
beverage control has been the maintenance of a domestic presence for 
the industry with independent supplier, wholesale and retail tiers. 
Brewers, wholesalers and retailers are heavily regulated and to the 
extent the U.S. maintains a strong domestic industry, the Federal, 
State and local agencies will continue to ensure accountability and 
responsible business practices.
  The brewing industry has a major presence in many U.S. cities and 
provides a significant source of manufacturing jobs. The industry 
directly and indirectly accounts for close to 2.5 million jobs 
nationwide--a reduction of the beer tax would help brewers maintain or 
grow their workforce. Brewing, wholesaling and retail combined 
contribute over 41,000 jobs to the economy of my home State of 
Pennsylvania.
  All of the other luxury taxes enacted in 1990 have been repealed. Yet 
the beer tax increase remains in place. It is time to roll back the 
Federal excise tax increase on beer and provide another measure of tax 
relief to America's working men and women. The Federal Government will 
still collect almost $3.7 billion in excise taxes and the industry will 
pay an additional $21 billion in Federal, State, and local taxes. This 
is a modest and reasonable measure of tax relief to a significant 
American industry.
                                 ______