[Congressional Record Volume 153, Number 80 (Tuesday, May 15, 2007)]
[Senate]
[Pages S6118-S6124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               WATER RESOURCES DEVELOPMENT ACT--Continued


                       Warner Amendment No. 1134

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
return to consideration of H.R. 1495.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, I think we have just seen an extraordinary 
chapter of how two leaders can come together and structure a procedure 
by which this Senate can go forward and achieve its objectives. I am 
totally supportive of the procedure enunciated by our two distinguished 
leaders because I strongly support the need for getting this 
appropriations legislation through and on to the President's desk so 
that we can fund adequately our Armed Forces, particularly those 
engaged in Iraq and Afghanistan.
  The leadership further decided that those Senators who wish to 
address the conferees could do so by adding amendments to this bill. My 
understanding is that there are two amendments that have been filed on 
the other side of the aisle: one by Mr. Feingold and another by Mr. 
Levin. And in consultation with the distinguished Republican leader, I 
now file an amendment on this side of the aisle, although I am hopeful 
my amendment would not be viewed purely as a Republican amendment but 
that it could be a vehicle by which we can reach some level, hopefully 
a significant level, of bipartisan consensus on the several principles 
I have enunciated in this amendment.
  Throughout the course of this debate on Iraq, since the President's 
announcement of a new strategy on January 10 of this year, there have 
been groups of Republicans and Democrats that have voiced our concerns 
about the strategies being employed in Iraq, and we continue to do so 
by virtue of this process now decided upon by the leadership whereby 
amendments to this bill can be brought up, which amendments reflect the 
sentiments of those who are sponsoring them.
  At the present time, my amendment is sponsored by my principal 
cosponsor, the Senator from Maine, Ms. Collins, although I have been in 
consultation with a number of other Senators on this side of the aisle, 
as well as Senators on the other side of the aisle.
  Given the brevity of the time today, since Senators have returned 
from their constituencies largely this morning, and the fact that we 
have been trying to work out the procedure just adopted by the Senate 
by the two leaders, it has not been possible for me to isolate a fixed 
set of cosponsors. Nevertheless, I do know of a number, certainly on 
this side, and I am hopeful on the other side, and now that this 
amendment is filed tonight, it is my expectation and hope that Senators 
will be adding their names as cosponsors. I urge that be done at the 
earliest opportunity because, as I understand it, and the leadership 
will subsequently address, I think, the Senate tonight respecting the 
legislative program tomorrow as to when my amendment, with such 
cosponsors that are able to add their names, and the two amendments 
pending from the other side--and I believe a fourth that is to be 
brought up by our distinguished Republican leader sometime this 
evening--will be debated, voted upon, and subject to a cloture motion.
  Let me now turn to addressing the specifics of this amendment at this 
time. This amendment, in its preamble, has the following: We entitle it 
the ``President's Strategy In Iraq.'' Section 1. Findings regarding 
progress in Iraq, the establishment of benchmarks to measure that 
progress, and reports to the Congress.
  The recitation in the first section of this amendment is a series of 
statements factually describing the situation as we, the sponsors of 
this amendment, feel have taken place, largely since January 10 of this 
year. Foremost among those obligations is, of course, our recognition 
of the enormity of the sacrifice of the men and women of the Armed 
Forces and their families and others who have taken an active role in 
carrying out our strategies in Iraq, not just since January 10 of this 
year but prior thereto, in the regrettably long period of time that 
this conflict in Iraq has persisted.
  Following those statements, we then go to section 2, which is 
entitled, ``Conditioning of Future United States Strategy in Iraq on 
the Iraqi Government's Record of Performance on its Benchmarks.''

       In General. The United States strategy in Iraq, hereafter, 
     shall be conditioned on the Iraqi government meeting 
     benchmarks as told to Members of Congress by the President, 
     the Secretary of State, the Secretary of Defense, and the 
     Chairman of the Joint Chiefs of Staff, and reflected in the 
     Iraqi Government's commitments to the United States, and to 
     the international community, including . . .

  For example, benchmarks--and I shall read but several. First and 
foremost:

       Forming a Constitutional Review Committee and then 
     completing the Constitutional review;
       Enacting and implementing legislation on de-baathification;
       Enacting and implementing legislation to ensure the 
     equitable distribution of hydrocarbon resources of the 
     people of Iraq without regard to the sect or ethnicity of 
     recipients, and enacting and implementing legislation to 
     ensure that the energy resources of

[[Page S6119]]

     Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and other 
     Iraqi citizens in an equitable manner.
       Enacting and implementing legislation on procedures to form 
     semi-autonomous regions;
       Enacting and implementing legislation establishing an 
     Independent High Electoral Commission; provincial elections 
     law; provincial council authorities; and a date for 
     provincial elections.

  I shall not read further from this document. It will be a matter of 
record. But these benchmarks were ones put forth by the Iraqi 
Government, in large measure. What we are doing now is requiring the 
following:

       The President shall submit reports to the Congress on how 
     the sovereign government of Iraq is, or is not, achieving 
     progress towards accomplishing the aforementioned benchmarks, 
     and shall advise the Congress on how that assessment 
     requires, or does not require, changes to the strategy 
     announced on January 10, 2007.
       Reports Required.
       (1) The President shall submit an initial report, in 
     classified and unclassified format, to the Congress, not 
     later than July 15, 2007, assessing the status of each of the 
     specific benchmarks established above, and declaring, in his 
     judgment, whether satisfactory progress towards meeting these 
     benchmarks is, or is not, being achieved.
       (2) The President, having consulted with the Secretary of 
     State, the Secretary of Defense, the Commander, Multi-
     National Forces-Iraq, the United States Ambassador to Iraq, 
     and the Commander of U.S. Central Command, will prepare the 
     report and submit the report to Congress.
       (3) If the President's assessment of any of the specific 
     benchmarks established above is unsatisfactory, the President 
     shall include in that report a description of such revisions 
     to the political, economic, regional, and military components 
     of the strategy, as announced by the President on January 10, 
     2007. In addition, the President shall include in the report, 
     the advisability of implementing such aspects of the 
     bipartisan Iraq Study Group, as he deems appropriate.

  And, as is well documented in the Senate, and well-respected, if I 
may say, by the Senate--the work of the Iraq Study Group.

       (4) The President shall submit a second report to the 
     Congress, not later than September 15, 2007, following the 
     same procedures and criteria outlined above.
       (5) The reporting requirement detailed in section 1227 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     is hereby waived from the date of the enactment of this Act 
     through the period ending September 15, 2007.

  That is put in there for the reason that we believe these reports by 
the President will supplant whatever reports had been required by that 
act. The force and effect of the requirement for those reports will 
pick up and continue after September of this year.

       (c) Testimony before Congress.
       (1) Prior to the submission of the President's second 
     report on September 15, 2007, and at a time to be agreed upon 
     by the leadership of the Congress and the Administration, the 
     United States Ambassador to Iraq and the Commander, Multi-
     National Forces Iraq--

  That is General Petraeus--

     will be made available to testify in open and closed sessions 
     before the relevant committees of the Congress.

  I will now refer to the section titled ``Limitations on Availability 
of Funds'' in this appropriations bill.

       Limitation. No funds appropriated or otherwise made 
     available for the ``Economic Support Fund'' and available for 
     Iraq may be obligated or expended unless and until the 
     President of the United States certifies in the report 
     outlined in subsection (2)(b)(1) above and makes a further 
     certification in the report outlined in subsection (2)(b)(4) 
     above that Iraq is making progress in each of the benchmarks 
     set forth in section 2 above.

  To give the President a certain amount of flexibility--and this is 
the provision I am particularly indebted to our distinguished 
colleague, Ms. Collins of Maine, who has worked with me on it, as well 
as Senator Coleman and others who have been working with me--we provide 
the following:

       The President may waive the requirements of this section if 
     he submits to Congress a written certification setting forth 
     the detailed justification for the waiver, which shall 
     include a detailed report describing the actions being taken 
     by the United States to bring the Iraqi government into 
     compliance with the benchmarks set forth in section 2 above. 
     The certification shall be submitted in unclassified form, 
     but may include a classified annex.

  We proceed to a section entitled ``Redeployment of U.S. Forces from 
Iraq.'' There has been considerable publicity attached to certain 
actions having been taken by the Council of Representatives in Iraq--
that is their basic name for their parliament--and to clarify that we 
have put in the following requirement:

       The President of the United States, in respecting the 
     sovereign rights of the nation of Iraq, shall direct the 
     orderly redeployment of elements of U.S. forces from Iraq, if 
     the components of the Iraqi government, acting in strict 
     accordance with their respective powers given by the Iraqi 
     Constitution, reach a consensus as recited in a resolution, 
     directing a redeployment of U.S. forces.

  Now, proceeding to another section, ``Independent Assessments.''

       Assessment by the Comptroller General.
       Not later than September 1, 2007, the Comptroller general 
     of the United States shall submit to Congress an independent 
     report setting forth--
       (A) the status of the achievement of the benchmarks 
     specified in section 2 above; and
       (B) the Comptroller General's assessment whether or not 
     each such benchmark has [or has not] been met.
       (b) Assessment of the capabilities of Iraq Security forces.

  This is a section which I worked on, now, for over 2 months, laying a 
foundation, with consultations with the White House senior staff, the 
Secretary of Defense, and indeed a private organization here, a well-
respected organization, independent of any affiliation with the 
Government, to participate in performing this report, as well as a very 
senior and highly respected retired military officer who, hopefully, 
will be designated to head up this report.
  I believed it was imperative that the Congress needed to have an 
independent report, and by ``independent,'' I mean a report performed 
by a private sector entity with the advice and participation of at 
least one senior retired military officer, and maybe others, so that we 
can have a report to put side by side with the periodic evaluations of 
the Department of Defense as to the military--professional ability, 
capability, training, and equipment of the Iraqi security forces. That 
is essential. So that is the essence of this provision which I now 
read.

       (1) In General.--There is hereby authorized to be 
     appropriated for the Department of Defense, $750,000, that 
     the Department, in turn, will commission an independent 
     private sector entity which operates as a 501(c)(3) with 
     recognized credentials and expertise in militarily affairs, 
     to prepare an independent report assessing the following:
       (A) The readiness of the Iraqi security forces--ISF 
     [referred to] to assume responsibility for maintaining the 
     territorial integrity of Iraq, denying international 
     terrorists a safe haven, and bringing greater security to 
     Iraq's 18 provinces in the next 12-18 months, and bringing an 
     end to sectarian violence to achieve national reconciliation.
       (B) The training, equipping, command, control and 
     intelligence capabilities and logistics capacity of the ISF 
     [Iraqi Security Forces].
       (C) The likelihood that given the ISF's record of 
     preparedness to date, following years of training and 
     equipping by U.S. forces, the continued supports of U.S. 
     troops will contribute to the readiness of the ISF to fulfill 
     the missions outlined in subparagraph (A).
       (2) Report.--Not later than 120 days after the enactment of 
     this Act, the designated private sector entity shall provide 
     an unclassified report, with a classified annex, containing 
     its findings, to the House and Senate Committees on Armed 
     Services, Appropriations, Foreign Relations/International 
     Relations, and Intelligence.

  Having worked on this report some 2 months now, I submitted it to 
colleagues in the House of Representatives. I am pleased to say that 
those colleagues saw fit to include that basic language on reporting 
and establishing this independent entity and individuals to study the 
Iraqi security forces. This provision which I have just read was 
contained in the House appropriations bill. It is my hope and 
expectation that it will be included by this Senate, the appropriators, 
in their bill such that it will emerge as part of the final conference 
report of the House and the Senate.
  I once again thank many individuals who have worked with me and their 
respective staffs, who worked beginning last week on the final draft. 
They worked over the weekend, worked on Monday, worked today to create 
this document. I am hopeful a good number of our colleagues will see 
fit to cosponsor this document, which document and amendment will be 
discussed tomorrow in such brief period as outlined by the leadership. 
They will define it tonight, and then it will be voted upon.
  I send the amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner], for himself and Ms. 
     Collins, proposes an

[[Page S6120]]

     amendment No. 1134 to the language proposed to be stricken by 
     amendment No. 1065.

  The amendment is as follows:

        (Purpose: Relating to the President's strategy in Iraq)

                  TITLE--PRESIDENT'S STRATEGY IN IRAQ

     SEC. 1. FINDINGS REGARDING PROGRESS IN IRAQ, THE 
                   ESTABLISHMENT OF BENCHMARKS TO MEASURE THAT 
                   PROGRESS, AND REPORTS TO CONGRESS.

       (a) Congress makes the following findings:
       (1) Over 145,000 American military personnel are currently 
     serving in Iraq, like thousands of others since March 2003, 
     with the bravery and professionalism consistent with the 
     finest traditions of the United States armed forces, and are 
     deserving of the strong support of all Americans;
       (2) Many American service personnel have lost their lives, 
     and many more have been wounded in Iraq; the American people 
     will always honor their sacrifice and honor their families;
       (3) The United States Army and Marine Corps, including 
     their Reserve components and National Guard organizations, 
     together with components of the other branches of the 
     military, are performing their missions while under enormous 
     strain from multiple, extended deployments to Iraq and 
     Afghanistan. These deployments, and those that will follow, 
     will have a lasting impact on future recruiting, retention, 
     and readiness of our Nation's all volunteer force;
       (4) Iraq is experiencing a deteriorating problem of 
     sectarian and intrasectarian violence based upon political 
     distrust and cultural differences among factions of the Sunni 
     and Shia populations;
       (5) Iraqis must reach political and economic settlements in 
     order to achieve reconciliation, for there is no military 
     solution. The failure of the Iraqis to reach such settlements 
     to support a truly unified government greatly contributes to 
     the increasing violence in Iraq;
       (6) The responsibility for Iraq's internal security and 
     halting sectarian violence rests with the sovereign 
     Government of Iraq;
       (7) In December 2006, the bipartisan Iraq Study Group 
     issued a valuable report, suggesting a comprehensive strategy 
     that includes new and enhanced diplomatic and political 
     efforts in Iraq and the region, and a change in the primary 
     mission of U.S. forces in Iraq, that will enable the United 
     States to begin to move its combat forces out of Iraq 
     responsibly;
       (8) The President said on January 10, 2007, that ``I've 
     made it clear to the Prime Minister and Iraq's other leaders 
     that America's commitment is not open-ended'' so as to dispel 
     the contrary impression that exists;
       (9) It is essential that the sovereign Government of Iraq 
     set out measurable and achievable benchmarks and President 
     Bush said, on January 10, 2007, that ``America will change 
     our approach to help the Iraqi government as it works to meet 
     these benchmarks'';
       (10) As reported by Secretary of State Rice, Iraq's Policy 
     Committee on National Security agreed upon a set of 
     political, security, and economic benchmarks and an 
     associated timeline in September 2006 that were (a) 
     reaffirmed by Iraq's Presidency Council on October 6, 2006; 
     (b) referenced by the Iraq Study Group; and (c) posted on the 
     President of Iraq's Web site;
       (11) On April 21, 2007, Secretary of Defense Robert Gates 
     stated that ``our [American] commitment to Iraq is long-term, 
     but it is not a commitment to have our young men and women 
     patrolling Iraq's streets open-endedly'' and that ``progress 
     in reconciliation will be an important element of our 
     evaluation'';
       (12) The President's January 10, 2007 address had three 
     components: political, military, and economic. Given that 
     significant time has passed since his statement, and 
     recognizing the overall situation is ever changing, Congress 
     must have timely reports to evaluate and execute its 
     Constitutional oversight responsibilities.

     SEC. 2. CONDITIONING OF FUTURE UNITED STATES STRATEGY IN IRAQ 
                   ON THE IRAQI GOVERNMENT'S RECORD OF PERFORMANCE 
                   ON ITS BENCHMARKS.

       (a) In General.--(1) The United States strategy in Iraq, 
     hereafter, shall be conditioned on the Iraqi government 
     meeting benchmarks, as told to members of Congress by the 
     President, the Secretary of State, the Secretary of Defense, 
     and the Chairman of the Joint Chiefs of Staff, and reflected 
     in the Iraqi Government's commitments to the United States, 
     and to the international community, including:
       (A) Forming a Constitutional Review Committee and then 
     completing the Constitutional review;
       (B) Enacting and implementing legislation on de-
     Baathification;
       (C) Enacting and implementing legislation to ensure the 
     equitable distribution of hydrocarbon resources of the people 
     of Iraq without regard to the sect or ethnicity of 
     recipients, and enacting and implementing legislation to 
     ensure that the energy resources of Iraq benefit Sunni Arabs, 
     Shia Arabs, Kurds, and other Iraqi citizens in an equitable 
     manner;
       (D) Enacting and implementing legislation on procedures to 
     form semi-autonomous regions;
       (E) Enacting and implementing legislation establishing an 
     Independent High Electoral Commission; provincial elections 
     law; provincial council authorities; and a date for 
     provincial elections;
       (F) Enacting and implementing legislation addressing 
     amnesty;
       (G) Enacting and implementing legislation establishing a 
     strong militia disarmament program to ensure that such 
     security forces are accountable only to the central 
     government and loyal to the Constitution of Iraq;
       (H) Establishing supporting political, media, economic, and 
     services committees in support of the Baghdad Security Plan;
       (I) Providing three trained and ready Iraqi brigades to 
     support Baghdad operations;
       (J) Providing Iraqi commanders with all authorities to 
     execute this plan and to make tactical and operational 
     decisions, in consultation with U.S commanders, without 
     political intervention, to include the authority to pursue 
     all extremists, including Sunni insurgents and Shiite 
     militias;
       (K) Ensuring that the Iraqi Security Forces are providing 
     even handed enforcement of the law;
       (L) Ensuring that, according to President Bush, Prime 
     Minister Maliki said ``the Baghdad security plan will not 
     provide a safe haven for any outlaws, regardless of [their] 
     sectarian or political affiliation'';
       (M) Reducing the level of sectarian violence in Iraq and 
     eliminating militia control of local security;
       (N) Establishing all of the planned joint security stations 
     in neighborhoods across Baghdad;
       (O) Increasing the number of Iraqi security forces units 
     capable of operating independently;
       (P) Ensuring that the rights of minority political parties 
     in the Iraqi legislature are protected;
       (Q) Allocating and spending $10 billion in Iraqi revenues 
     for reconstruction projects, including delivery of essential 
     services, on an equitable basis; and
       (R) Ensuring that Iraq's political authorities are not 
     undermining or making false accusations against members of 
     the ISF.
       (2) The President shall submit reports to Congress on how 
     the sovereign Government of Iraq is, or is not, achieving 
     progress towards accomplishing the aforementioned benchmarks, 
     and shall advise the Congress on how that assessment 
     requires, or does not require, changes to the strategy 
     announced on January 10, 2007.
       (b) Reports Required.--
       (1) The President shall submit an initial report, in 
     classified and unclassified format, to the Congress, not 
     later than July 15, 2007, assessing the status of each of the 
     specific benchmarks established above, and declaring, in his 
     judgment, whether satisfactory progress toward meeting these 
     benchmarks is, or is not, being achieved.
       (2) The President, having consulted with the Secretary of 
     State, The Secretary of Defense, The Commander, Multi-
     National Forces-Iraq, the United States Ambassador to Iraq, 
     and the Commander of U.S. Central Command, will prepare the 
     report and submit the report to Congress.
       (3) If the President's assessment of any of the specific 
     benchmarks established above is unsatisfactory, the President 
     shall include in that report a description of such revisions 
     to the political, economic, regional, and military components 
     of the strategy, as announced by the President on January 10, 
     2007. In addition, the President shall include in the report, 
     the advisability of implementing such aspects of the 
     bipartisan Iraq Study Group, as he deems appropriate.
       (4) The President shall submit a second report to the 
     Congress, not later than September 15, 2007, following the 
     same procedures and criteria, outlined above.
       (5) The reporting requirement detailed in Section 1227 of 
     the National Defense Authorization Act for Fiscal Year 2006 
     is waived from the date of the enactment of this Act through 
     the period ending 15 September, 2007.
       (c) Testimony Before Congress.--
       (1) Prior to the submission of the President's second 
     report on September 15, 2007, and at a time to be agreed upon 
     by the leadership of the Congress and the Administration, the 
     United States Ambassador to Iraq and the Commander, Multi-
     National Forces Iraq will be made available to testify in 
     open and closed sessions before the relevant committees of 
     the Congress.

     SEC. 3. LIMITATIONS ON AVAILABILITY OF FUNDS

       (a) Limitation.--No funds appropriated or otherwise made 
     available for the ``Economic Support Fund'' and available for 
     Iraq may be obligated or expended unless and until the 
     President of the United States certifies in the report 
     outlined in subsection (2)(b)(1) above and makes a further 
     certification in the report outlined in subsection (2)(b)(4) 
     above that Iraq is making progress on each of the benchmarks 
     set forth in Section 2 above.
       (b) Waiver Authority.--The President may waive the 
     requirements of this section if he submits to Congress a 
     written certification setting forth a detailed justification 
     for the waiver, which shall include a detailed report 
     describing the actions being taken by the Unites States to 
     bring the Iraqi government into compliance with the 
     benchmarks set forth in Section 2 above, The certification 
     shall be submitted in unclassified form, but may include a 
     classified annex,

     SEC. 4. REDEPLOYMENT OF U.S. FORCES FROM IRAQ.

       (a) The President of the United States, in respecting the 
     sovereign rights of the nation of Iraq, shall direct the 
     orderly redeployment of elements of U.S. forces from Iraq, if

[[Page S6121]]

     the components of the Iraqi government, acting in strict 
     accordance with their respective powers given by the Iraqi 
     Constitution, reach a consensus as recited in a resolution, 
     directing a redeployment of U.S. forces.

     SEC. 5. INDEPENDENT ASSESSMENTS.

       (a) Assessment by the Comptroller General.
       (1) Not later than September 1, 2007, the Comptroller 
     General of the United States shall submit to Congress an 
     independent report setting forth--
       (A) the status of the achievement of the benchmarks 
     specified in Section 2 above; and
       (B) the Comptroller General's assessment whether or not 
     each such benchmark has been met.
       (b) Assessment of the Capabilities of Iraqi Security 
     Forces.
       (1) In General.--There is hereby authorized to be 
     appropriated for the Department of Defense, $750,000,000, 
     that the Department, in turn, will commission an independent, 
     private sector entity, which operates as a 501(c)(3), with 
     recognized credentials and expertise in military affairs, to 
     prepare an independent report assessing the following:
       (A) The readiness of the Iraqi Security Forces (ISF) to 
     assume responsibility for maintaining the territorial 
     integrity of Iraq, denying international terrorists a safe 
     haven, and bringing greater security to Iraq's 18 provinces 
     in the next 12-18 months, and bringing an end to sectarian 
     violence to achieve national reconciliation.
       (B) The training, equipping, command, control and 
     intelligence capabilities, and logistics capacity of the ISF.
       (C) The likelihood that, given the ISF's record of 
     preparedness to date, following years of training and 
     equipping by U.S. forces, the continued support of U.S. 
     troops will contribute to the readiness of the ISF to fulfill 
     the missions outlined in subparagraph (A).
       (2) Report.--Not later than 120 days after the enactment of 
     this Act, the designated private sector entity shall provide 
     an unclassified report, with a classified annex, containing 
     its findings, to the House and Senate Committees on Armed 
     Services, Appropriations, Foreign Relations/International 
     Relations, and Intelligence.

  Mr. WARNER. Mr. President, I yield the floor. I suggest the absence 
of a quorum.
  The PRESIDING OFFICER (Mr. Whitehouse). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, what is the pending business now before the 
Senate?
  The PRESIDING OFFICER. The Warner amendment No. 1134 is the pending 
business.
  Mr. REID. Mr. President, it is my understanding we are on WRDA, then, 
H.R. 1495?
  The PRESIDING OFFICER. That is correct.
  Mr. REID. Mr. President, I ask unanimous consent that on Wednesday, 
May 16, when the Senate resumes consideration of H.R. 1495, the time 
until 10:30 a.m. be for debate prior to the votes on the motions to 
invoke cloture on the following amendments: Feingold second-degree 
amendment No. 1098, Levin amendment No. 1097, Warner amendment No. 
1134, and the Cochran amendment No. 1135, with the time equally divided 
and controlled between the majority and Republican leaders or their 
designees; that the votes occur in the order listed above; and that 
there be 2 minutes of debate prior to each vote, equally divided and 
controlled, and that each vote in this sequence after the first be 
limited to 10 minutes; that if cloture is not invoked, then the 
amendment be withdrawn; that no other amendments be in order prior to 
the cloture votes; and that second-degree amendments may be filed until 
9:30 a.m.; further, that the mandatory quorums, as required under rule 
XXII, be waived with respect to the cloture motions covered under this 
agreement; further, that the 20 minutes immediately prior to the first 
vote be under the control of the majority and Republican leaders, with 
the time equally divided, with the majority leader controlling the 
final 10 minutes.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. REID. Mr. President, I now ask unanimous consent that upon 
disposition of the amendments covered under this agreement, the Senate 
resume debate on the motion to proceed to S. 1348, comprehensive 
immigration legislation, with the time until 2 p.m. for debate prior to 
a vote on the motion to invoke cloture on the motion to proceed--Mr. 
President, I withdraw this aspect of the consent request at this time, 
and stop where I was where there was no objection.
  The PRESIDING OFFICER. It is withdrawn.


                             Cloture Motion

  Mr. REID. Mr. President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Feingold 
     amendment No. 1098 to amendment No. 1097 to H.R. 1495, the 
     Water Resources Development Act.
         Russell D. Feingold, Harry Reid, Barbara Boxer, Amy 
           Klobuchar, Sheldon Whitehouse, Ted Kennedy, Patty 
           Murray, Richard J. Durbin, Bernard Sanders, Daniel K. 
           Inouye, Christopher S. Dodd, Ron Wyden, John Kerry, 
           Debbie Stabenow, Ben Cardin, Jim Webb, Charles Schumer, 
           Tom Harkin.


                             Cloture Motion

  Mr. REID. Mr. President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Levin amendment 
     No. 1097 to H.R. 1495, the Water Resources Development Act.
         Carl Levin, Harry Reid, Barbara Boxer, Amy Klobuchar, 
           Sheldon Whitehouse, Ted Kennedy, Patty Murray, Richard 
           J. Durbin, Jon Tester, Max Baucus, Tom Carper, Daniel 
           K. Inouye, Ben Nelson, Ron Wyden, Debbie Stabenow, 
           Byron L. Dorgan, Claire McCaskill.


                           Amendment No. 1135

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
pending amendment to the bill be set aside, and on behalf of Senator 
Cochran, I call up an amendment to the bill, which is at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell], for Mr. Cochran, 
     Mr. Warner, and Mr. Bond, proposes an amendment numbered 
     1135.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To express the sense of the Senate that Congress must send to 
 the President acceptable legislation to continue funds for Operation 
Iraqi Freedom and Operation Enduring Freedom by not later than May 28, 
                                 2007)

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE ON FUNDING FOR OPERATION IRAQI 
                   FREEDOM AND OPERATION ENDURING FREEDOM.

       (a) Findings.--The Senate makes the following findings:
       (1) The President is the commander in chief of the United 
     States Armed Forces.
       (2) The United States Armed Forces are currently engaged in 
     military operations in Operation Iraqi Freedom and Operation 
     Enduring Freedom on behalf of the national security interests 
     of the United States.
       (3) The funds previously appropriated to continue military 
     operations in Operation Iraqi Freedom and Operation Enduring 
     Freedom are depleted.
       (4) The President requested more than 100 days ago 
     supplemental appropriations to continue funding for Operation 
     Iraqi Freedom and Operation Enduring Freedom.
       (5) Congress has not passed a supplemental appropriations 
     bill to continue funding for Operation Iraqi Freedom and 
     Operation Enduring Freedom in a manner that the commander in 
     chief believes gives the United States Armed Forces and the 
     Iraqi people the best chance to succeed at establishing a 
     safe, stable, and sustainable democracy in Iraq.
       (6) A supplemental appropriations request to fund ongoing 
     combat operations in Operation Iraqi Freedom and Operation 
     Enduring Freedom should remain focused on the war effort by 
     providing the resources necessary for United States troops 
     abroad and in the United States.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should send legislation to the President 
     providing appropriations for Operation Iraqi Freedom and 
     Operation Enduring Freedom in a manner that the President can 
     sign into law by not later than May 28, 2007.

[[Page S6122]]

                             Cloture Motion

  Mr. McCONNELL. Mr. President, I now send a cloture motion to the 
pending Warner amendment to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of Rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the pending 
     Warner amendment No. 1134 to H.R. 1495, the Water Resources 
     Development Act of 2007.
         Mitch McConnell, Judd Gregg, Richard Burr, Mike Crapo, 
           John Cornyn, Lisa Murkowski, Susan M. Collins, John 
           Warner, Orrin G. Hatch, Craig Thomas, Larry E. Craig, 
           John E. Sununu, Pete V. Domenici, James M. Inhofe, 
           Trent Lott, John Thune, Christopher S. Bond.


                             Cloture Motion

  Mr. McCONNELL. Mr. President, I send a cloture motion to the desk to 
the Cochran amendment.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of Rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the pending 
     Cochran amendment No. 1135 to H.R. 1495, the Water Resources 
     Development Act of 2007.
         Mitch McConnell, John Cornyn, Pete V. Domenici, Johnny 
           Isakson, James M. Inhofe, Craig Thomas, Trent Lott, 
           John E. Sununu, John Thune, Thad Cochran, Christopher 
           S. Bond, Norm Coleman, John Warner, Richard G. Lugar, 
           Jeff Sessions, Orrin G. Hatch, Gordon H. Smith.


                     Sections 2006, 2007, and 2008

  Mr. FEINGOLD. Mr. President, I would like to engage the distinguished 
chairman from California and the distinguished majority leader in a 
colloquy with respect to the provisions in section 2006, 2007, and 2008 
(c) and (e) of the Water Resources Development Act of 2007, S.1248.
  Mrs. BOXER. I would be happy to respond to the Senator from 
Wisconsin.
  Mr. REID. I, too, am happy to engage in a colloquy with the Senator 
from Wisconsin.
  Mr. FEINGOLD. I appreciate the efforts and success of the chairman 
and the Environment and Public Works Committee in reporting a Water 
Resources Development Act that includes many important Corps of 
Engineers reforms. I would simply like to clarify that it is the intent 
of the committee and of the majority leader that these provisions be 
retained through conference and enacted into law. These provisions 
should be the minimum reforms coming out of conference.
  Mrs. BOXER. I concur that this is the committee's intent.
  Mr. REID. I support the understanding reached by the chairman and the 
Senator from Wisconsin.
  Mr. FEINGOLD. I would like to point out some of the critical elements 
to ensuring meaningful independent review of Corps of Engineers water 
resources projects that are contained in section 2007 of S.1248. 
Section 2007 is the same language that was adopted on the Senate floor 
during last summer's consideration of the Water Resources Development 
Act of 2006. Though the House of Representatives has an independent 
review provision in their bill, there are several important 
distinctions between the House and the Senate provisions.
  The Senate provision houses responsibility for independent review in 
the Office of the Secretary of the Army and makes independent review 
mandatory for any project meeting the review triggers. The mandatory 
review triggers and placement of responsibility for carrying out 
independent reviews outside the Office of the Chief of Engineers are 
essential for ensuring full independence of the review process. The 
Senate provision gives the independent review panels the ability to 
review those issues deemed significant by the panel. This is essential 
for ensuring that all relevant study issues are examined by the panel. 
The House of Representatives provision gives the Chief of Engineers 
essentially unlimited authority to restrict the scope of a panel's 
review. The Senate provision places limits on the Corps' ability to 
ignore panel recommendations by requiring the Secretary of the Army to 
provide a written explanation regarding the rejection of any panel 
recommendations and by requiring the Corps to prove why it is 
appropriate to reject a panel's recommendation in any lawsuit that 
might be brought to challenge the project. The Senate bill does not 
create a new cause of action. This is essential for ensuring that the 
findings of an independent review panel are given appropriate 
consideration by the Corps of Engineers. In addition, the Senate 
provision establishes a critical safety assurance review of the 
detailed technical design of vital flood control projects. The House 
language does not include this essential provision.
  Importantly, the Senate provision ensures that the independent review 
panel will review the draft study released for public comment and will 
have the benefit of public comment to help guide their review. The 
House bill in general requires that independent review be complete 
before there is a draft study for review. That would limit a 
fundamental purpose of independent review, which is to ensure review of 
draft studies and limit public participation in the independent review 
process.
  I ask my colleagues to concur with the importance of retaining these 
critical elements of independent review contained in Section 2007.
  Mrs. BOXER. I concur that these are fundamental elements of 
meaningful independent review and concur that it is the committee's 
intent to retain these elements and that we will strenuously support 
them in the conference.
  Mr. REID. I support the understanding reached by the chairman and the 
Senator from Wisconsin.
  Mr. FEINGOLD. Mitigation for Corps of Engineers civil works projects 
is another important area that must be improved. Despite the clear 
mitigation requirements established for water resources projects in the 
Water Resources Development Act of 1986, the Government Accountability 
Office reported in 2002 that the Corps of Engineers does not mitigate 
at all for almost 70 percent of its projects. To help address this 
problem, the Senate provision requires the Secretary to ensure that 
mitigation for water resources projects complies fully with the 
mitigation standards and policies established pursuant to section 404 
of the Federal Water Pollution Control Act, 33 U.S.C. 1344. This will 
help protect the environment and is consistent with the fundamental 
principal that we will hold the Federal Government to the same 
environmental criteria as private enterprise.
  In addition, in order to ensure that mitigation produces the same or 
greater ecosystem values as those lost to a water resources project, 
the Senate provision requires that the Corps of Engineers implement not 
less than in-kind mitigation. To ensure that mitigation will be 
effective, the Senate bill requires the preparation of detailed 
mitigation plans, requires that mitigation be monitored until 
ecological success criteria are met, and requires the Corps of 
Engineers to consult yearly with applicable Federal and State agencies 
on the status of individual mitigation efforts. The Senate provision 
applies the new mitigation standards to projects that the Corps of 
Engineers has determined must be reevaluated for other reasons. The 
Senate provision also requires the Corps to establish a publicly 
accessible mitigation tracking system.
  The language of sections 2008(c) and (e) obtained bipartisan support 
from the Environment and Public Works Committee last Congress and was 
included in the Senate Water Resources Development Act of 2006.
  I ask my colleagues to concur with the importance of retaining these 
key elements of mitigation reform contained in section 2008(c) and (e).
  Mrs. BOXER. I concur that these are fundamental elements of 
meaningful mitigation reform and concur that it is the committee's 
intent to retain these elements and that we will strenuously support 
them in the conference.
  Mr. REID. I support the understanding reached by the chairman and the 
Senator from Wisconsin.
  Mr. FEINGOLD. Lastly, section 2006 of S. 1248 would update the Corps' 
woefully out-of-date Principles and Guidelines, P&G, and related 
planning documents by establishing a Cabinet-level interagency working 
group to revise the guidelines and regulations and circulars, which 
have not been revised since their inception in 1983. Numerous

[[Page S6123]]

studies have called for updating the Corps' planning guidelines to 
provide an increased focus on protecting and restoring the environment 
and to modernize and incorporate new methods and more cost-effective 
approaches to solving water problems. More than a decade of reports 
from the National Academy of Sciences, Government Accountability 
Office, Army inspector general, U.S. Commission on Ocean Policy, and 
independent experts have revealed a pattern of stunning flaws in U.S. 
Army Corps of Engineers project planning and implementation and urged 
substantial changes to the Corps' project planning process. The most 
recent call for revising the Corps' planning guidelines came just 2 
months ago from the National Academy of Public Administration.
  These flaws have increased taxpayer costs and environmental 
degradation with antiquated economic analysis of projects and in some 
cases overly structural projects. It is vital that these planning 
guidelines be modernized so that they no longer promote projects that 
destroy healthy natural ecosystems and lure development in high risk 
areas. It is also essential that the provision to require the Corps to 
adopt those revisions, subject to public comment, be retained.
  The language of section 2006 obtained bipartisan support from the 
Environment and Public Works Committee last Congress and was included 
in the Senate Water Resources Development Act of 2006.
  I ask my colleagues to concur with the importance of retaining these 
elements.
  Mrs. BOXER. I concur that these are fundamental elements of 
meaningful reform of the Corps of Engineers planning guidelines and 
concur that it is the committee's intent to retain these elements and 
that we will strenuously support them in the conference.
  Mr. REID. I support the understanding reached by the chairman and the 
Senator from Wisconsin.
  Mr. FEINGOLD. I thank the chairman and the majority leader for 
engaging in this colloquy. Instituting meaningful reforms to the Corps 
of Engineers' planning process is essential for protecting public 
safety, the environment, and the taxpayers. I remain committed to 
ensuring that meaningful reforms are included in the next Water 
Resources Development Act that is enacted into law. I thank the 
chairman and the majority leader for their commitment as well.


                          middle creek project

  Mr. REID. Mr. President, I thank Chairman Boxer and the Committee on 
Environment and Public Works for their hard work on S. 1248, the Water 
Resources Development Act of 2007 and the bill currently being 
considered by the Senate, H.R. 1495. The bill represents years of 
negotiations by her, members of the committee, and staff, and I 
appreciate her leadership in bringing a bill forward for this body's 
consideration.
  Mrs. BOXER. Mr. President, I thank the leader for his comments. I 
appreciate the leader's continued support for this reauthorizing 
legislation and the authorization of the new projects for navigation, 
flood and coastal storm damage reduction, ecosystem restoration and 
environmental remediation, and water storage and water quality.
  Mr. REID. Mr. President, I generally support this bill and understand 
that many of the projects are necessary to improve and maintain safe 
communities. But I am concerned about the effects of one project on 
Indian lands.
  Both S. 1248 and H.R. 1495 include authorizing language for a flood 
damage reduction and environmental restoration project on Middle Creek, 
located in Lake County, CA. I certainly defer to the U.S. Army Corps of 
Engineers and the California congressional delegation as to the 
project's importance and the most appropriate plan to implement it, but 
would my friend from California describe the impact of the project on 
Indian lands in the area?
  Mrs. BOXER. Mr. Leader, the Middle Creek Project will restore lands 
within the Middle Creek floodplain and study area. I believe the 
project will reconnect the floodplain of Middle Creek to the historic 
Robinson Lake wetland area by breaching the existing levee system and 
creating inlets that direct flows into the study area. The restoration 
will provide flood damage reduction by relocating residents of the 
Robinson Rancheria from the floodplain.
  Mr. REID. Madam Chairman, I understand the Rancheria's current casino 
will not be affected by this project if implemented--that the Rancheria 
could continue, if it chooses, to operate this casino once the project 
is completed. Is this correct?
  Mrs. BOXER. Mr. Leader, that is correct.
  Mr. REID. Madam Chairman, I understand that neither the Senate nor 
the House bill authorizes the Secretary of the Interior to take land 
into trust for purposes of gaming on behalf of the Rancheria?
  Mrs. BOXER. Mr. Leader, the bill under consideration would authorize 
the Middle Creek Project. The bill does not expressly authorize the 
United States to take land into trust for the Rancheria.
  Mr. REID. Thank you for that clarification. Madam Chairman, in Senate 
Report 110-58, the committee recommends that, in exchange for the 
existing reservation lands that would be included in the floodplain, 
the Secretary of the Interior accept three parcels of land into trust 
for the benefit of the Rancheria. Would you describe these parcels and 
their location in relation to the Rancheria's current reservation 
boundaries?
  Mrs. BOXER. Mr. President, I appreciate the interest of the Senator 
from Nevada in the effect of this project on the Rancheria. Since 1981, 
the Secretary of the Interior has held 37 acres in trust on behalf of 
the Rancheria. The parcels discussed in the committee report are 
currently owned by the Rancheria and are very close to their current 
reservation boundary. Two of the three parcels are along the Clear Lake 
shoreline. The committee believed it was appropriate to compensate the 
Rancheria by allowing them to add to their reservation lands that are 
approximately 1 mile away from their current reservation boundary and 
which the tribe already owns.
  Mr. REID. Mr. President, I thank my friend from California for 
describing the lands. While neither the House nor Senate bills would 
authorize the Secretary to take the transferred lands into trust as 
``restored lands'' for the purpose of the Indian Gaming Regulatory Act, 
the report recommends the Secretary do so.
  I understand the Rancheria can continue to operate its on-reservation 
casino should this project be implemented, and I do not oppose the 
Rancheria's right to do so because these lands are located within its 
traditional reservation boundary and were taken into trust before the 
enactment of the Indian Gaming Regulatory Act, IGRA, thus the casino 
was opened consistent with the requirements of IGRA. But as you know, I 
have long opposed off-reservation gaming, and while I understand that 
neither bill would authorize gaming on the transferred parcels, I do 
not support the committee's recommendation that the Secretary declare 
these parcels ``restored lands.'' As we know, should the Secretary 
declare the parcels as ``restored lands,'' the Rancheria would be 
allowed to conduct gaming on lands deemed outside of its reservation 
boundary and on lands acquired after enactment of the Indian Gaming 
Regulatory Act. I note that report language does not have the same 
legal status as legislative language.
  Mrs. BOXER. Mr. President, the California delegation strongly 
supports the projects included in S. 1248. I hear the majority leader's 
concerns. Being chair of the committee, I, of course, support the 
language in the committee's recommendation with respect to the land 
transfer for the Robinson Rancheria, should the bill be enacted. While 
I may disagree with the leader's position as it concerns this 
particular project, I appreciate his comments and support for the 
legislation as a whole.
  Mr. REID. Mr. President, I appreciate the clarifications and 
explanations that my friend from California has provided.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S6124]]



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