[Congressional Record (Bound Edition), Volume 152 (2006), Part 11]
[Issue]
[Pages 14894-15181]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 14894]]

                    SENATE--Wednesday, July 19, 2006

  The Senate met at 9:30 a.m. and was called to order by the President 
pro tempore (Mr. Stevens).
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  O God of our hopes, by Your might the mountains are made firm and the 
roaring seas are still. You have challenged us to ask, to seek, and to 
knock in order to receive from Your bounty.
  So we ask for Your favor upon the Members of this body that they will 
do Your will. We seek Your wisdom in order to find solutions to 
challenges that require more than human ingenuity. And we knock on the 
door of Your sovereignty, believing that in everything that happens, 
You are working for our good.
  Show us how to find Your truth, even in the midst of error. We pray 
in Your holy Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The PRESIDENT pro tempore led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                       RESERVATION OF LEADER TIME

  The PRESIDENT pro tempore. Under the previous order, the leadership 
time is reserved.

                          ____________________




                            MORNING BUSINESS

  The PRESIDENT pro tempore. Under the previous order, there will now 
be a period for the transaction of morning business for 1 hour, with 
the first half of the time being controlled by the majority leader or 
his designee and the second half of the time controlled by the 
Democratic leader or his designee.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. FRIST. Mr. President, this morning we have a period of 1 hour for 
morning business. Following that hour, the Senate will return to the 
consideration of the Water Resources Development Act. We are 
considering that bill under a unanimous consent agreement that allows 
for seven additional amendments. We will finish that bill today, and 
that will require votes throughout the course of the day. I expect that 
not all of the debate time will be used on each of the remaining 
amendments. If we are able to yield back some time today and if some of 
the amendments don't require rollcall votes, it is possible to finish 
early this evening. If Senators begin to use all of the time allocated, 
it will turn into a much later session with votes. In any event, we 
will finish the bill today.
  Tomorrow we have an order to proceed to the Child Custody Protection 
Act. I am pleased that we are now able to proceed to that bill without 
any objection, and I hope we can get an agreement to finish that bill 
in a reasonable period of time as well.
  In addition, this week we have some circuit and district court 
nominations on the Executive Calendar that will require some votes. We 
will consider those in all likelihood on Thursday.
  I thank my colleagues for their assistance. We have had a very good 
and very productive week, with our debate on stem cell research, 
including scientific and ethical issues, over the last couple of days.

                          ____________________




                      VIOLENCE IN THE MIDDLE EAST

  Mr. FRIST. Mr. President, last week, on the morning of July 12, 
Hezbollah launched a brazen and unprovoked attack on Israeli soldiers 
patrolling their side of the border with Lebanon in northern Israel. 
Hezbollah militants killed seven Israeli soldiers and kidnapped two 
more in the attack. These two soldiers remain captive, presumably 
somewhere inside of Lebanon.
  This Hezbollah attack followed an earlier attack from the Hamas 
terrorist groups on June 25. Hamas terrorists entered Israeli 
territory, attacked an Israeli military base, killed two soldiers, and 
kidnapped another. CPL Gilad Shalit has yet to be released.
  Hezbollah and Hamas are terrorists organizations. They receive 
military and financial support from terror-sponsoring regimes in 
Damascus and Tehran, and they refuse to recognize Israel's right to 
exist. In fact, they call for Israel's destruction.
  In June 2000, U.N. Secretary General Kofi Annan deemed Israel in full 
compliance with Security Council Resolution 425 by completely 
withdrawing its forces from Lebanon. Yet in the past year alone, 
Hezbollah has launched at least four separate attacks into Israeli 
territory using rockets and ground forces. It has blocked 
implementation of U.N. Security Council Resolution 1559 by refusing to 
disarm and disband its militia.
  Last summer, Israel completely evacuated its forces from the Gaza 
Strip. Instead of demonstrating a willingness and ability to govern 
responsibly and improve the lives of the Palestinians living there, 
Hamas has used Gaza as a base to launch rocket attacks and other 
assaults on the State of Israel, like the one that led to the capture 
of Corporal Shalit on June 25.
  Let us be clear: Hezbollah and Hamas, with the backing of Syria and 
Iran, are wholly responsible for the recent outbreak of violence in the 
Middle East.
  While it is important for Israel to proceed carefully, we cannot deny 
its right to self-defense. Prime Minister Olmert's government has a 
responsibility to the Israeli people to defend Israel against terrorist 
attacks. He has a responsibility to do what he can to prevent similar 
attacks from occurring in the future.
  Israel is an ally--our closest friend in the Middle East. We share 
its strong commitment to democracy, to the rule of law, and to a 
peaceful solution to this conflict, a solution that leaves two 
democratic States, Israel and Palestine, living side by side in peace 
and security.
  Yesterday, the Senate passed a resolution reaffirming its steadfast 
support for Israel in its fight against these vicious terrorists and 
other extremists who target Israeli citizens and exploit their own 
civilian populations as shields.
  Hezbollah and Hamas must immediately and unconditionally release the 
captured Israeli soldiers and cease their rocket attacks against 
Israel. The state sponsors of these groups in Syria and Iran must be 
held to account.
  Mr. President, I yield the floor.
  Mr. ALLARD. Mr. President, may I inquire about the regular order?
  The PRESIDENT pro tempore. We are in morning business with the first 
half of the time of 1 hour under the control of the majority leader or 
his designee.
  Mr. ALLARD. Mr. President, I rise today deeply disturbed after 
watching the situation in Israel continuing to escalate over the last 
few days. Israel, over the last 3 years, has acted in a responsible 
manner and done everything possible, in my view, to reach out to those 
who desire peace. Unfortunately, there remain those who continue to 
disregard the Israeli State and refuse to recognize its legitimacy.

[[Page 14895]]

  Sadly, these terrorist groups such as Hamas and Hezbollah remain 
committed to their ideology of hatred toward the Jewish people and 
appear determined to try to bring an end to the State of Israel. As 
such, I strongly support Israel's response to the unprovoked kidnapping 
of two Israeli soldiers and the unprecedented rocket bombardment of 
northern Israel.
  The current Israeli action is justified. Action is necessary to stop 
those who are responsible for these despicable acts of terror. The 
attempts to defend Israel and rescue its captured soldiers with 
airstrikes and incursions by Israeli forces are not only appropriate 
but are absolutely necessary to protect Israeli citizens from future 
terrorist attacks.
  Ultimately, I believe outside actors, such as Syria and Iran, which 
continue to support terrorist organizations such as Hamas and Hezbollah 
are the main culprits. These nations have done nothing to promote peace 
in the region. I believe the United States and the community of nations 
should put these nations on notice that their support for terrorism is 
unacceptable and will not be tolerated.
  President Bush has likewise called out Syria and Iran for their 
support of Hezbollah by stating:

       The one way to help heal the Middle East is to address the 
     root causes of the problems there, and the root cause of the 
     problem is Hezbollah and Syria and the Iranian connection.

  No one doubts that with the support these nations provide to 
Hezbollah they could bring an end to the hostilities in the region. 
Instead, they would rather Hezbollah continue to use innocent citizens 
as shields while the terrorist organization conducts attacks against a 
sovereign nation. They need to abide by the already passed United 
Nations resolution and end support for Hezbollah.
  That is why I rise in support of S. Res. 534 condemning Hezbollah and 
their sponsors, and I also ask to be added as a cosponsor.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  Mr. ALLARD. Mr. President, our ally, Israel, is entitled to the 
defense of its land. We as a body should again recognize this act and 
support Israel's right to self-defense while calling for the Syrians 
and the Iranians to take responsibility for these open hostilities. 
They must help immediately to withdraw all terrorist forces from 
Lebanon and end their support for Hezbollah's action against our 
allies. We also must ensure that the U.N. Security Council enforces the 
full implementation of U.N. Security Council Resolution 1559, which in 
2004 called for disarming Hezbollah and the removal of all foreign 
forces from Lebanon. We must use all of the tools at our disposal to 
discontinue the financial, military, and political support Hezbollah 
and Hamas receive from these state sponsors of terror.
  Of course, during this crisis I would be remiss if I did not mention 
my grave concern about the loss of innocent life in Israel, Lebanon, 
and Gaza. During the past week, Hezbollah has continued to fire rockets 
and mortars into civilian areas, killing multiple Israelis, among 
others. As much as I believe it is imperative that the United States 
stand behind Israel in its time of need, we also must provide 
assistance to those who have been hurt because of this conflict.
  It is my strong belief that the United States should do everything in 
its power to assure Israel's right to exist and right to protect its 
borders. Israel must be allowed to live without fear within those 
borders. It is my hope that this conflict will be resolved peacefully 
in the coming days. The people of Israel have not asked for more than 
that, and I believe they certainly deserve as much.
  Mr. President, I yield the floor.

                          ____________________




                       WORLD SECURITY AND ENERGY

  Mr. DeMINT. Mr. President, I have come to the Chamber this morning to 
talk about energy, an important issue that affects not only our cost of 
living but our Nation's security. But before I do, I wish to say I was 
pleased, as my colleague just mentioned, that last night the Senate 
voted unanimously to recognize the inherent right of our ally, Israel, 
to defend itself against terrorist aggression. Israel has a 
responsibility to protect its citizens, just as the United States does, 
and no nation should have to live under the constant fear of missile 
attacks or kidnapping.
  The recent violence in the Middle East is demonstrating how broad 
this global war against radical Islamic murderers really is and how 
much nations such as Iran and Syria are funding these radical 
extremists. As Israel fights to defend its way of life from Hezbollah 
and Hamas and other radical Islamic terrorist groups, America will 
continue to support their efforts to defend their freedom.
  As we fight to secure our homeland from future attacks by completing 
our mission in Iraq and hunting down terrorists around the world, I am 
proud we took the time last night to recognize Israel's struggle and 
express our solidarity behind them.
  I would like to spend the rest of my time this morning talking about 
the energy crisis we are facing at home. Americans everywhere are 
paying the price.
  For years, Democrats have complained about high energy prices and 
blocked the very solutions that would have lowered them and then 
attempted to blame Republicans for not doing enough.
  American businesses, both large and small, are feeling the pinch. 
Recent estimates show that, since the year 2000, 3.1 million high-wage 
manufacturing jobs have been eliminated and moved overseas, where 
energy supplies are plentiful and costs are lower.
  American families are struggling to make ends meet. In a recent 
survey, nearly 80 percent thought the rising cost of energy was hurting 
our economy and threatening jobs; 90 percent of those polled said that 
high energy costs were impacting their family budget. Despite having 
been through the warmest winter on record, heating bills for homes 
using natural gas went up over 25 percent. Last year, the percentage of 
credit card bills 30 days or more past due reached the highest level 
since the American Banking Association began recording this information 
in 1973. The ABA's chief economist cited high gasoline prices as the 
major factor.
  One letter I received recently from a South Carolinian detailed how 
his father, who was on a fixed income, was forced to choose between 
paying for his medicine and putting gas in his car. Another constituent 
wrote that rising energy costs seriously threatened her family farm, 
due to the increased cost of vehicle operation, fertilizer, and 
irrigation.
  With all this news, is it any wonder that Americans are discouraged 
when they see the partisan obstruction coming from Washington 
Democrats? The American people need answers, not more obstruction. We 
recently had good news that Republican tax cuts continue to produce 
strong economic growth and have helped to create 5.4 million new jobs 
since 2003. But even as the economy grows and wages rise, family 
checkbooks still feel the pressure. If you get a $25-a-week raise but 
you have to spend $50 a week more to fill up your car with gas, you are 
still $25 worse off than you were when you started. It is no wonder 
that American's optimism about their economic future has faded as 
concerns over the cost of living have increased.
  There is no quick fix to this dilemma, but there are many things that 
will work together to secure our economic prosperity. We can address 
rising health care prices by passing small business health plans to 
make health insurance more affordable--another item my Democratic 
colleagues have obstructed this year. We can return more control to 
patients by ensuring that every American has a health plan that they 
can own and afford and keep.
  We can invest in the flexibility and choice necessary to train the 
best workforce in the world. It is not going to help to raise the 
minimum wage a dollar or two. We need to work on maximum wages for 
Americans by creating more qualified workers.
  We can work to increase our natural gas and oil supplies. That will 
reduce

[[Page 14896]]

the cost of gas, it will increase America's supply of energy, and 
encourage conservation. We can reduce the dependence on foreign oil. 
There is a lot we can do if we can work together in the Congress to 
pass new energy legislation.
  The good news is that Republicans are working, one step at a time, to 
get these things done. In the next few weeks, the Senate will debate 
critical legislation to increase America's deep sea exploration in the 
Gulf of Mexico. This could help, again, to lower energy costs across 
the Nation. Unfortunately, some Democrats have already threatened to 
obstruct this important bill that would keep American energy prices 
competitive and hopefully lower them in the future.
  We are still waiting for these same Democrats to offer any immediate 
solutions on their own. Strong economic growth in America and around 
the world has greatly increased the demand for already limited supplies 
of energy. We are now competing with other nations, not just for jobs 
but for the energy that powers those jobs.
  Our energy problems did not occur overnight and they will not be 
fixed overnight. But if we fail to address rising American energy 
costs, we will create yet another incentive for businesses to locate 
overseas and leave American workers behind.
  To keep the United States competitive, we must transform our energy 
policy to meet pressing short-term needs while exploring new 
alternative solutions to meet long-term needs for abundant, affordable, 
and emission-free energy. Currently, expensive and time-consuming 
permitting processes, extensive regulatory burdens, and overly 
bureaucratic environmental hurdles have made it cheaper to import our 
oil and natural gas from the Middle East than to use our own domestic 
resources. This makes no sense. To address the short-term issue of 
constantly fluctuating energy prices, we must eliminate these 
Government-imposed regulatory roadblocks in order to increase our 
energy supply and get these resources to consumers quickly and 
affordably. We can unshackle American entrepreneurs, the best in the 
world, and allow them to fully develop our natural resources and still 
protect our environment.
  The long-term policy must focus on creating a diverse energy 
infrastructure that includes new technologies such as hydrogen, fuel 
cells, and other alternative forms of energy. Many of these 
technologies, currently in the early stages of development, have shown 
great promise and can revolutionize the way we fuel our cars, homes, 
and businesses.
  Energy costs are on the rise and the ball is in the Democrats' court. 
Republicans have put forth practical solutions, such as the deep sea 
development that we will be talking about over the next weeks. These 
will diversify our energy infrastructure and supply affordable, 
abundant, and environmentally friendly energy, and most important, 
reduce the cost of living for American families.
  I ask my Democratic colleagues to reject their leadership's tired 
strategy of blocking real solutions and then trying to blame 
Republicans when the problems don't get solved. Working together, we 
can bring down the cost of living and improve the quality of life for 
every American as we reduce the cost of gas and increase America's 
supply of energy. We can still encourage conservation, while reducing 
our dependence on foreign oil.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Brownback). The Senator from the great 
State of Arizona.
  Mr. KYL. Mr. President, I thank the majority and minority leaders for 
setting aside some time today to discuss the situation in the Middle 
East. While news of Israeli airstrikes and Hezbollah rocket attacks 
have dominated the airwaves for over a week now, the issue has not been 
extensively debated on the floor of the Senate. What we have now, 
today, is an opportunity to stand together as the Senate and send an 
unequivocal message of support to our Israeli allies in their time of 
need.
  I am speaking about the Senate resolution which was adopted last 
evening, crafted in a bipartisan way by the majority and minority 
leaders of the Senate, a resolution which I am proud to cosponsor and 
which I believe eloquently expresses what I believe to be the true 
sense of this body and of the American people. It rightly points out 
that Israel has complied with the relevant Security Council resolutions 
regarding withdrawal from Lebanon and that, by contrast, Lebanon has 
failed to follow through on its obligation to disarm Hezbollah. The 
resolution correctly identifies the nexus of the problem not in Beirut 
or Gaza but in Tehran and Damascus, where State sponsorship of 
terrorism has reached new and disturbing levels.
  Finally, this resolution encourages continued U.S. support for Israel 
and renewed international action to end the conflict by eliminating 
support and freedom of action of Hezbollah. It is, in summary, an 
important expression by the Senate.
  I would like to take a moment now to address some arguments made by 
some over the years that Americans are too quick to equate our 
interests with those of Israel. There are recent articles by respected 
scholars who have argued that the role of the United States should be 
to push Israel toward an accommodation with these terrorists, the same 
terrorists bent on her destruction, rather than standing by her as she 
tries to lay the foundation for a lasting peace.
  I think this past week's conflict exposes the utter fallacy of that 
perspective. Israel is under attack today, not just from Hezbollah and 
Hamas but from Iran and Syria, the two most active State sponsors of 
global terrorism. Right now the United States is struggling with these 
same two countries over their counterproductive roles in Iraq, their 
WMD programs, and their role in financing and equipping terrorists 
throughout the world.
  The kind of attacks that Israel is enduring today could be visited on 
the United States or our troops tomorrow. For example, late last week 
an advanced Israeli warship was hit with an Iranian antiship missile. 
Despite the high-tech countermeasures on that ship, four sailors are 
now presumed lost. It is not hard to imagine these very same missiles 
used against American ships in the future, especially if the Iranians 
decide to blockade the Strait of Hormuz in response to U.S. pressure 
over that nuclear program. The attack on that ship can easily be 
perceived as directed as much against the U.S. Navy as it is against 
the Israeli Navy.
  Those fighting international terrorism are bound at the hip in this 
conflict. To believe otherwise is the height of foolishness.
  William Kristol stated in a editorial yesterday:

       It's our war. For while Syria and Iran are enemies of 
     Israel, they are also enemies of the United States. We have 
     done a poor job of standing up to them and weakening them. 
     They are now testing us more boldly than one would have 
     thought possible a few years ago. Weakness is provocative. We 
     have been too weak, and have allowed ourselves to be 
     perceived as weak.

  This conflict, in short, is not just about the interests of the 
Israeli or Palestinian or Lebanese people. It is about a broader state-
sponsored jihad against Western civilization, a war in which we cannot 
afford to stumble or waver or appear to be weak. The Senate resolution 
is a sign that we will not stumble, that we stand by our Israeli allies 
as they fight on the frontlines of this war against terrorists. That 
the people of Lebanon have gotten caught in the middle of this war is 
not simply regrettable, it is criminal. But make no mistake who the 
perpetrators are: Iran and Syria and the terrorist groups they equip 
and encourage. This axis of violence cannot be allowed to operate with 
impunity against the State of Israel.
  The solution to this current crisis will not be easy. But the first 
step was identified by President Bush, in what some have characterized 
as an overly candid conversation with Tony Blair in Saint Petersburg. 
Paraphrasing the President, he said the international community must 
put pressure on Iran and Syria to curb the actions of their terrorist 
proxy armies.
  At the same time, the Government of Lebanon must act swiftly and 
directly

[[Page 14897]]

to dismantle the Hezbollah infrastructure that threatens northern 
Israel. When these processes are in motion and the kidnapped Israeli 
soldiers have been returned, then is the time to again move toward the 
end game of this crisis.
  Many in the international community have urged restraint on the part 
of Israel in facing this crisis. They talk about proportionality. I 
think we can all agree that in international relations, restraint is 
generally a good thing, but Israeli restraint and forbearance should 
only be given in response to action on the other side. Israel's 
response against terrorism cannot be proportionate. It must be 
effective. Absent action by the international community and the 
Lebanese Government, restraint will look like weakness to Israel's 
enemies. And any show of weakness will only bring more blood-thirsty 
attacks.
  This is the experience of the region. This is the history of the 
region. No sovereign nation would tolerate the type of attacks that 
Israel has endured, nor would they prioritize restraint above 
effectiveness in their response.
  This is why I come back to the resolution that was passed in the 
Senate in a bipartisan expression of our support for the State of 
Israel, our condemnation of this action by terrorists and their State 
sponsors, and our commitment, as the Government of the United States, 
to do all we can to see to it that the terrorists are defeated, that 
the people in the region have an opportunity to live in peace, and that 
once and for all throughout the world the world can be safe from the 
threat of those who would attack others and to do so in the most 
heinous way.
  The kind of action that has been taken by these terrorists cannot be 
justified in any way, shape, or form, and it is altogether fitting for 
the Senate to have expressed its resolve against this action.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Kyl). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWNBACK. Mr. President, I speak in morning business about the 
issue that the two prior speakers--the Senator from South Carolina and 
the Senator from Arizona--spoke about, the Middle East. This is a key 
time. I hope we continue to stand by Israel very strongly, very 
resolutely, and recognize what we are experiencing today. We are 
experiencing a key global war on terrorism, which is the use of 
terrorist entities sponsored by state sponsors so that there is some 
sort of deniability by the state sponsor. But, nonetheless, there is 
real terrorism that is taking place.
  There are real threats that are occurring and real attacks that are 
occurring. There are real responses that are needed.
  That is what you have seen Israel doing today. Israel has been 
attacked. Hezbollah has been launching missiles into Israel, into major 
cities in Israel. That is what is occurring. Hezbollah is sponsored by 
the Iranians. Iran is the key sponsor of Hezbollah. Iran is the lead 
sponsor of terrorism in the world, according to our State Department 
and, I think, frankly, according to the intelligence entities around 
the world. They cannot sponsor the terror group and then deny 
responsibility for it and say they should be left alone and there 
should be no consequences.
  We need to move aggressively against Iran in the United Nations and 
force the issue on Iran. Here I am talking about economic sanctions and 
political and diplomatic pressure on the Iranians for their state 
sponsorship of terrorism.
  We are also seeing that in Syria. This body passed the Syrian 
Accountability Act. I urge the administration to use all tools 
available toward Syria, which is also a state sponsor of terrorism, in 
working with Hamas and Hezbollah and other groups in this region.
  I get concerned when a lot of people look at it and say Israel 
shouldn't be doing this or shouldn't respond. Certainly, we want all 
care to be given in any sort of military response so that innocent 
civilians are not hurt. We want to urge that sort of restraint, but by 
the same token, if the United States were attacked by terrorist groups 
sponsored by other countries operating off foreign soil, the United 
States would act aggressively and respond. We would not allow this to 
continue. We would say our citizens are being attacked and we have the 
right as a sovereign nation to defend our people, as Israel does, and 
as any nation around the world does.
  I hope we view this for what it is--a part of the global war on 
terrorism. These are terrorist tactics that are being used by terrorist 
groups, and they have state sponsors behind them.
  I wish the situation were different today. I wish we were not here 
having to talk about the support for Israel in a military engagement in 
Lebanon. But the facts are what they are. We have to deal with the 
situation as it is. I believe we should be standing aggressively and 
firmly with Israel. They are a democratic country in the region. They 
are a strong ally of the United States. We have worked closely together 
over many years. They seek peace. They want peace as we want peace. 
Yet, at some point in time they have to respond to the attacks. That is 
what they are doing.
  I am pleased that this body in a bipartisan fashion has stood with 
Israel.

                          ____________________




                                 ENERGY

  Mr. BROWNBACK. Mr. President, the prior speaker from South Carolina 
talked about energy. We have to engage in energy strategies that pull 
us off of our addiction to Middle Eastern oil. We have a lot of plants 
coming on in ethanol production from grain. We need to move that as 
well--and plant materials and cellulosic alcohol from grain. We can 
produce about 10 percent of our fuel needs from grain, corn, milo-based 
ethanol. From the cellulosic material, we can get another 30 percent.
  We need a rapid expansion of plants and investment in this field. It 
is starting to take place. It is very encouraging. The economics are at 
work, particularly when you are looking at over $70 per barrel of oil. 
We can produce energy cheaper than $70 a barrel oil and get off the 
addiction. We need more of our cars running on 85-percent ethanol 
rather than 10-percent ethanol. We need more plug-in technologies where 
we have more cars that are using electricity rather than gasoline so we 
can break the addiction.
  This country can do it with our technology and our willingness and 
with the economics of today. We can do it. And it is a matter of utmost 
national security to break that addiction. It is time, I believe, that 
we in this body take up additional energy legislation. It is time we do 
that.
  I thank the Presiding Officer.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. INHOFE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. DeMint). Without objection, it is so 
ordered.
  Mr. INHOFE. Mr. President, I yield back the remainder of our morning 
business time.
  The PRESIDING OFFICER. Without objection, morning business time is 
yielded back.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is closed.

                          ____________________




                WATER RESOURCES DEVELOPMENT ACT OF 2005

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of S. 728, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 728) to provide for the consideration and 
     development of water and related resources, to authorize the 
     Secretary of the

[[Page 14898]]

     Army to construct various projects for improvements to rivers 
     and harbors of the United States, and for other purposes.

  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, I would like to start off by making a 
general statement about the amendments we are going to offer, and I 
assume that time will come off the time of the amendment I will offer, 
the amendment on independent peer review. Is that correct?
  The PRESIDING OFFICER. Without objection, that is the case.
  Mr. FEINGOLD. Mr. President, I will make a few remarks, and then I 
would like to turn to the distinguished ranking member of the 
committee, my friend, Senator Jeffords, for a few remarks. Then after 
he has talked, I will offer the amendment.
  Mr. President, today the Senate will consider two tremendously 
important amendments to the Water Resources Development Act. Those 
amendments are the Feingold-McCain-Carper-Lieberman-Jeffords-Collins 
independent peer review amendment and the McCain-Feingold-Lieberman-
Feinstein prioritization amendment.
  As many know, I have tried to work for a long time to modernize the 
Army Corps of Engineers to ensure that this Federal agency is best 
situated to serve our great Nation. I have worked alongside Senator 
McCain in these efforts, and I thank him for his dedication to helping 
me bring attention to the need for congressional leadership to address 
what many have noted as fundamental problems with the Corps.
  I want to be clear about my intentions with the amendments we will 
offer this morning, as well as our other efforts involving the Corps. 
We just want to get this agency back on track to serve the interests of 
all Americans. That is what it is about, period.
  As many have noted over the past few days, I have been trying to 
bring up this issue for quite some time. In fact, I have waited 6 long 
years to come down to the floor of the Senate to push for meaningful 
reform of the U.S. Army Corps of Engineers.
  Back in 2000, during debate on final passage of the last enacted 
WRDA, the former chairman of the Environment and Public Works Committee 
and the current ranking member of the subcommittee of jurisdiction, my 
friend from Montana, Senator Baucus, made a commitment to me to address 
the issues that plagued the Corps.
  At that time I sought to offer an amendment to WRDA 2000 to create an 
independent peer review process for the Army Corps. In response to my 
amendment, the bill managers adopted language to authorize the National 
Academy of Sciences to study peer review. This study has long been 
complete, and the final recommendation was clear. In a 2002 report--
Review Procedures for Water Resources Planning--the National Academy of 
Sciences recommended creation of a formalized process to independently 
review costly or controversial Corps projects.
  Four years later, and with Corps reform bills in the 106th, 107th, 
108th, and 109th Congresses, we are still trying to enact such a 
mechanism.
  I would just like to note that I am pleased to see my friend involved 
in this issue, particularly given the role he played in 2000. My only 
hope is, after 6 years of work on this issue, we can go home tonight 
knowing we did right by the taxpayers, by the citizens of our country 
who rely on sound Corps projects to protect their families, their 
property, and the natural systems they want to protect for future 
generations.
  Yes, Corps reform has been a work in progress. In 2001, I introduced 
a stand-alone bill to modernize the Corps. Later that Congress, I 
cosponsored a bill with Senator Smith from New Hampshire, Senator 
Daschle of South Dakota, Senator Ensign of Nevada, and Senator McCain, 
the senior Senator from Arizona. In March 2004 I introduced another 
stand-alone Corps reform bill along with Senator Daschle and Senator 
McCain. Then in the spring of 2005, Senator McCain and I offered 
another bill detailing the changes we hoped to see in the agency. And, 
finally, this spring we introduced another stand-alone bill.
  What these efforts have been about is restoring credibility and 
accountability to this Federal agency that has been rocked by scandal, 
overextended to the tune of a 35-year backlog, and constrained by a 
gloomy fiscal picture. We can do that today. We can restore credibility 
and accountability to the Corps by passing the amendments that my 
friend, the Senator from Arizona, and I will be offering.
  Some have said I have an ax to grind with the Corps. That is not 
true. The reason I am dedicated to improving this embattled agency is 
that I care about the Corps, and I want it to succeed. My home State of 
Wisconsin and numerous other States across our country rely on the 
Corps. From the Great Lakes to the Mississippi, the Corps is involved 
in providing aid to navigation, environmental restoration, flood 
control, and many other valuable services.
  I want to improve the way this agency operates, so that not only 
Wisconsinites but all Americans--particularly those who help pay for 
Corps projects either through their Federal tax dollars or, in many 
cases, through taxes they pay at a local level as part of a non-Federal 
cost-sharing arrangement--can rest easy knowing that their flood 
control projects are not going to fail them, their ecosystem 
restoration projects are going to protect our environmental treasures, 
and their navigation projects are based on sound economics and reliable 
traffic projections.
  Much of the work that has gone into reforming the Corps was done 
before our Nation saw a major U.S. city laid to waste. When Hurricane 
Katrina rocked New Orleans, none of us imagined the horrors that would 
ensue. None of us imagined that much of the flooding--much of the 
flooding--that occurred could have possibly been prevented had some of 
the reforms we will be discussing today been in place decades ago.
  Despite every wish to the contrary, the aftermath of Hurricane 
Katrina exposed serious problems that this body will be addressing for 
years to come. Many have stood on this floor and in their States and 
talked about what must be done to responsibly move forward in a post-
Katrina landscape. And many of those discussions have, of course, 
centered, appropriately, on the Federal Emergency Management Agency.
  I am here to say that if you were outraged by FEMA's poor response, 
like me, then you should be equally outraged by problems with the Corps 
and the process that has determined where limited Federal resources are 
spent.
  While any hurricane that makes landfall will leave some level of 
destruction behind, the country has been shocked to learn that there 
were engineering flaws in the New Orleans levees, and that important 
information was ignored by the Corps. According to one of the 
independent reviewers looking into what happened with the levee 
failures, the causes of the failures ``are firmly founded in 
organizational and institutional failures that are primarily focused in 
the Corps of Engineers.''
  Now, I had the chance to visit New Orleans a little over a week ago, 
and I can attest that the sentiment toward the Corps is anything but 
cordial. There is a lot of anger toward the Corps down there, and we 
have a responsibility in Congress to address it.
  Additionally, following the hurricane, we have faced questions from 
our constituents about where the Corps was spending its limited budget 
and why. We have a responsibility to address those legitimate concerns, 
too.
  The Times-Picayune of New Orleans recently said the following:

       Efforts to reform the agency, the Corps, are critical for 
     this state [meaning Louisiana, of course] which--after the 
     levee failures during Hurricane Katrina--could serve as the 
     poster child [the poster child] for the Corps' shortcomings.
       The best chance for changing the way the Corps operates is 
     through reforms sought by Sens. John McCain and Russ 
     Feingold.

  And finally,

       Unfortunately, not everyone in Congress is interested in 
     changing the way the Corps does business. The McCain-Feingold 
     amendments face opposition and a rival set of measures by the 
     main authors of the water

[[Page 14899]]

     resources bill, Sens. James Inhofe and Kit Bond. What those 
     Senators offer as reform is meaningless, however . . . Sham 
     reform won't do anything to restore confidence in the Corps 
     and the Congress must do better.

  I agree that this body must do better than sham reform. Today Senator 
McCain and I will be offering amendments that we believe are the 
minimum changes this body must accept as we look to the future and 
reflect on the past. I sincerely hope my colleagues will join me in 
demonstrating that the Senate can respond to over 10 years of 
Government reports--from the Government Accountability Office, the 
National Academy of Sciences, and even the Army Inspector General--on 
the horrific aftermath of Hurricane Katrina and provide the leadership 
to move the Army Corps into the 21st century.
  I want to publicly recognize the EPW Committee chairman and ranking 
member, Senators Inhofe and Jeffords, as well as the Subcommittee on 
Transportation and Infrastructure chairman and ranking member, Senators 
Bonds and Baucus. Late this spring those offices approached Senator 
McCain and me and indicated a willingness to talk about some of our 
interest with respect to the Corps. From those discussions came real 
compromise on both sides. The result is that the underlying WRDA bill 
does include significant language to ensure periodic updating of the 
principles and guidelines that form the foundation of every Corps 
project but which have not been updated since 1983.
  The language also includes a minimum mitigation standard for Corps 
civil works projects. The Corps' track record on mitigation suggests 
that the Nation would be better served through the standard described 
in the underlying bill. As WRDA moves through conference, I look 
forward to the EPW Committee standing by the language we agreed on and 
included in the underlying bill in sections 2006 and 2008 so that it is 
included in any bill that comes out of Congress.
  I will now give some of my time on the amendment to my friend, a 
distinguished leader in this area, the Senator from Vermont.
  The PRESIDING OFFICER. The Senator from Vermont is recognized.


                           Amendment No. 4681

  Mr. FEINGOLD. Mr. President, before yielding to the Senator from 
Vermont, I will offer the amendment, if there is no objection. I have 
an amendment at the desk numbered 4681 regarding independent peer 
review.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold], for himself, Mr. 
     McCain, Mr. Carper, Mr. Lieberman, and Ms. Collins, proposes 
     an amendment numbered 4681.

  Mr. FEINGOLD. I ask unanimous consent that reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                    Amendment No. 4681, as Modified

  Mr. FEINGOLD. Mr. President, I call up a modified version of the 
amendment which is at the desk.
  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment (No. 4681), as modified, is as follows:

       Strike section 2007 and insert the following:

     SEC. 2007. INDEPENDENT PEER REVIEW.

       (a) Definitions.--In this section:
       (1) Construction activities.--The term ``construction 
     activities'' means development of detailed engineering and 
     design specifications during the preconstruction engineering 
     and design phase and the engineering and design phase of a 
     water resources project carried out by the Corps of 
     Engineers, and other activities carried out on a water 
     resources project prior to completion of the construction and 
     to turning the project over to the local cost-share partner.
       (2) Project study.--The term ``project study'' means a 
     feasibility report, reevaluation report, or environmental 
     impact statement prepared by the Corps of Engineers.
       (b) Director of Independent Review.--The Secretary shall 
     appoint in the Office of the Secretary a Director of 
     Independent Review. The Director shall be selected from among 
     individuals who are distinguished experts in engineering, 
     hydrology, biology, economics, or another discipline related 
     to water resources management. The Secretary shall ensure, to 
     the maximum extent practicable, that the Director does not 
     have a financial, professional, or other conflict of interest 
     with projects subject to review. The Director of Independent 
     Review shall carry out the duties set forth in this section 
     and such other duties as the Secretary deems appropriate.
       (c) Sound Project Planning.--
       (1) Projects subject to planning review.--The Secretary 
     shall ensure that each project study for a water resources 
     project shall be reviewed by an independent panel of experts 
     established under this subsection if--
       (A) the project has an estimated total cost of more than 
     $40,000,000, including mitigation costs;
       (B) the Governor of a State in which the water resources 
     project is located in whole or in part, or the Governor of a 
     State within the drainage basin in which a water resources 
     project is located and that would be directly affected 
     economically or environmentally as a result of the project, 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project;
       (C) the head of a Federal agency with authority to review 
     the project determines that the project is likely to have a 
     significant adverse impact on public safety, or on 
     environmental, fish and wildlife, historical, cultural, or 
     other resources under the jurisdiction of the agency, and 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project; or
       (D) the Secretary determines on his or her own initiative, 
     or shall determine within 30 days of receipt of a written 
     request for a controversy determination by any party, that 
     the project is controversial because--
       (i) there is a significant dispute regarding the size, 
     nature, potential safety risks, or effects of the project; or
       (ii) there is a significant dispute regarding the economic, 
     or environmental costs or benefits of the project.
       (2) Project planning review panels.--
       (A) Project planning review panel membership.--For each 
     water resources project subject to review under this 
     subsection, the Director of Independent Review shall 
     establish a panel of independent experts that shall be 
     composed of not less than 5 nor more than 9 independent 
     experts (including at least 1 engineer, 1 hydrologist, 1 
     biologist, and 1 economist) who represent a range of areas of 
     expertise. The Director of Independent Review shall apply the 
     National Academy of Science's policy for selecting committee 
     members to ensure that members have no conflict with the 
     project being reviewed, and shall consult with the National 
     Academy of Sciences in developing lists of individuals to 
     serve on panels of experts under this subsection. An 
     individual serving on a panel under this subsection shall be 
     compensated at a rate of pay to be determined by the 
     Secretary, and shall be allowed travel expenses.
       (B) Duties of project planning review panels.--An 
     independent panel of experts established under this 
     subsection shall review the project study, receive from the 
     public written and oral comments concerning the project 
     study, and submit a written report to the Secretary that 
     shall contain the panel's conclusions and recommendations 
     regarding project study issues identified as significant by 
     the panel, including issues such as--
       (i) economic and environmental assumptions and projections;
       (ii) project evaluation data;
       (iii) economic or environmental analyses;
       (iv) engineering analyses;
       (v) formulation of alternative plans;
       (vi) methods for integrating risk and uncertainty;
       (vii) models used in evaluation of economic or 
     environmental impacts of proposed projects; and
       (viii) any related biological opinions.
       (C) Project planning review record.--
       (i) In general.--After receiving a report from an 
     independent panel of experts established under this 
     subsection, the Secretary shall take into consideration any 
     recommendations contained in the report and shall immediately 
     make the report available to the public on the internet.
       (ii) Recommendations.--The Secretary shall prepare a 
     written explanation of any recommendations of the independent 
     panel of experts established under this subsection not 
     adopted by the Secretary. Recommendations and findings of the 
     independent panel of experts rejected without good cause 
     shown, as determined by judicial review, shall be given equal 
     deference as the recommendations and findings of the 
     Secretary during a judicial proceeding relating to the water 
     resources project.
       (iii) Submission to congress and public availability.--The 
     report of the independent panel of experts established under 
     this subsection and the written explanation of the Secretary 
     required by clause (ii) shall be included with the report of 
     the Chief of Engineers to Congress, shall be published in the 
     Federal Register, and shall be made available to the public 
     on the Internet.
       (D) Deadlines for project planning reviews.--

[[Page 14900]]

       (i) In general.--Independent review of a project study 
     shall be completed prior to the completion of any Chief of 
     Engineers report for a specific water resources project.
       (ii) Deadline for project planning review panel studies.--
     An independent panel of experts established under this 
     subsection shall complete its review of the project study and 
     submit to the Secretary a report not later than 180 days 
     after the date of establishment of the panel, or not later 
     than 90 days after the close of the public comment period on 
     a draft project study that includes a preferred alternative, 
     whichever is later. The Secretary may extend these deadlines 
     for good cause.
       (iii) Failure to complete review and report.--If an 
     independent panel of experts established under this 
     subsection does not submit to the Secretary a report by the 
     deadline established by clause (ii), the Chief of Engineers 
     may continue project planning without delay.
       (iv) Duration of panels.--An independent panel of experts 
     established under this subsection shall terminate on the date 
     of submission of the report by the panel. Panels may be 
     established as early in the planning process as deemed 
     appropriate by the Director of Independent Review, but shall 
     be appointed no later than 90 days before the release for 
     public comment of a draft study subject to review under 
     subsection (c)(1)(A), and not later than 30 days after a 
     determination that review is necessary under subsection 
     (c)(1)(B), (c)(1)(C), or (c)(1)(D).
       (E) Effect on existing guidance.--The project planning 
     review required by this subsection shall be deemed to satisfy 
     any external review required by Engineering Circular 1105-2-
     408 (31 May 2005) on Peer Review of Decision Documents.
       (d) Safety Assurance.--
       (1) Projects subject to safety assurance review.--The 
     Secretary shall ensure that the construction activities for 
     any flood damage reduction project shall be reviewed by an 
     independent panel of experts established under this 
     subsection if the Director of Independent Review makes a 
     determination that an independent review is necessary to 
     ensure public health, safety, and welfare on any project--
       (A) for which the reliability of performance under 
     emergency conditions is critical;
       (B) that uses innovative materials or techniques;
       (C) for which the project design is lacking in redundancy, 
     or that has a unique construction sequencing or a short or 
     overlapping design construction schedule; or
       (D) other than a project described in subparagraphs (A) 
     through (C), as the Director of Independent Review determines 
     to be appropriate.
       (2) Safety assurance review panels.--At the appropriate 
     point in the development of detailed engineering and design 
     specifications for each water resources project subject to 
     review under this subsection, the Director of Independent 
     Review shall establish an independent panel of experts to 
     review and report to the Secretary on the adequacy of 
     construction activities for the project. An independent panel 
     of experts under this subsection shall be composed of not 
     less than 5 nor more than 9 independent experts selected from 
     among individuals who are distinguished experts in 
     engineering, hydrology, or other pertinent disciplines. The 
     Director of Independent Review shall apply the National 
     Academy of Science's policy for selecting committee members 
     to ensure that panel members have no conflict with the 
     project being reviewed. An individual serving on a panel of 
     experts under this subsection shall be compensated at a rate 
     of pay to be determined by the Secretary, and shall be 
     allowed travel expenses.
       (3) Deadlines for safety assurance reviews.--An independent 
     panel of experts established under this subsection shall 
     submit a written report to the Secretary on the adequacy of 
     the construction activities prior to the initiation of 
     physical construction and periodically thereafter until 
     construction activities are completed on a publicly available 
     schedule determined by the Director of Independent Review for 
     the purposes of assuring the public safety. The Director of 
     Independent Review shall ensure that these reviews be carried 
     out in a way to protect the public health, safety, and 
     welfare, while not causing unnecessary delays in construction 
     activities.
       (4) Safety assurance review record.--After receiving a 
     written report from an independent panel of experts 
     established under this subsection, the Secretary shall--
       (A) take into consideration recommendations contained in 
     the report, provide a written explanation of recommendations 
     not adopted, and immediately make the report and explanation 
     available to the public on the Internet; and
       (B) submit the report to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (e) Expenses.--
       (1) In general.--The costs of an independent panel of 
     experts established under subsection (c) or (d) shall be a 
     Federal expense and shall not exceed--
       (A) $250,000, if the total cost of the project in current 
     year dollars is less than $50,000,000; and
       (B) 0.5 percent of the total cost of the project in current 
     year dollars, if the total cost is $50,000,000 or more.
       (2) Waiver.--The Secretary, at the written request of the 
     Director of Independent Review, may waive the cost 
     limitations under paragraph (1) if the Secretary determines 
     appropriate.
       (f) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.
       (g) Savings Clause.--Nothing in this section shall be 
     construed to affect any authority of the Secretary to cause 
     or conduct a peer review of the engineering, scientific, or 
     technical basis of any water resources project in existence 
     on the date of enactment of this Act.

  Mr. FEINGOLD. I thank the Chair.
  I offer this independent peer review amendment on behalf of myself, 
Senators McCain, Carper, Lieberman, and Collins. As we all know, 
Senator Collins and Senator Lieberman, through their leadership of the 
Homeland Security and Government Affairs Committee, have done an 
extensive investigation into all aspects of the aftermath of Hurricane 
Katrina. I applaud their leadership and am proud they are cosponsoring 
this amendment, as I think it is a testament to the importance of 
implementing the changes included in this amendment. Additionally, 
Senator Jeffords has consistently pushed, through his position as 
ranking member of the Environment and Public Works Committee, for many 
of the provisions of this amendment. I publicly thank him for all his 
attention to this matter.
  Finally, Senator Carper has seen the need for an independent peer 
review amendment through both his Homeland Security Committee 
membership and his EPW Committee membership, and I appreciate his 
support in moving this issue forward.
  Before I explain exactly what my amendment does, let me take a few 
minutes to talk about what various Government reports have said about 
the Corps' study process, as these reports have been the basis of my 
efforts over the last 6 years.
  More than a decade of reports from the National Academy of Sciences, 
the Government Accountability Office, the U.S. Army inspector general, 
U.S. Commission on Ocean Policy, and other 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. Most recently, in June of this 
year, a report entitled ``U.S. Army Corps of Engineers Performance 
Evaluation of the New Orleans and Southeast Louisiana Hurricane 
Protection System Draft Final Report on the Interagency Performance 
Evaluation Task Force'' acknowledged that the New Orleans levees failed 
catastrophically during Hurricane Katrina because of poor design and 
flawed construction. In planning the system, the Corps did not take 
into account poor soil quality and failed to account for the sinking of 
land which caused sections to be as much as 2 feet lower than other 
sections.
  Breaches in four New Orleans canals were caused by foundation 
failures that were ``not considered in the original design.'' The 
system was designed to protect against a relatively low-strength 
hurricane, and the Corps did not respond to repeated warnings from the 
National Oceanic and Atmospheric Administration that a stronger 
hurricane should have been the standard. The Corps also did not 
reexamine the heights of the levees after it had been warned about 
significant subsidence.
  In discussing this report, the Corps' chief of engineers acknowledged 
that the agency must change, telling reporters that ``words alone will 
not restore trust in the Corps.''
  Also, in June of this year, a report issued by the American Society 
of Civil Engineers, ``Project Engineering Peer Review Within the U.S. 
Army Corps of Engineers,'' recommends that Congress enact legislation 
to mandate external, independent peer reviews for all major Corps 
projects that would include reviews of the feasibility report, 
subsequent design and engineering reports, the project plans, and 
specifications and construction. Reviews should be

[[Page 14901]]

carried out by experts who have no connection to the Corps, to the 
local project sponsor, or to the particular project contract.
  In May of this year, we got ``A Nation Still Unprepared,'' a report 
that resulted from the excellent work of my friend from Maine, Senator 
Susan Collins, chair of the Senate Homeland Security and Governmental 
Affairs Committee, and a cosponsor of our independent peer review 
amendment, and Senator Joe Lieberman, ranking member of the committee, 
and another cosponsor of our amendment.
  That report recommends independent peer review of levee systems that 
protect population centers throughout the country. I don't know if 
Senator Collins or Senator Lieberman will have time to elaborate more 
on the thorough investigation their committee conducted and on their 
key findings and recommendations, but the report in many ways speaks 
volumes on its own.
  One of the most striking reports, conducted by R.B. Seed in May of 
this year, ``Investigation of the Performance of the New Orleans Flood 
Protection Systems and Hurricane Katrina on August 29, 2005, Draft 
Final Report,'' finds that the catastrophic failure of the New Orleans 
regional flood protection system was the result of ``engineering 
lapses, poor judgments, and efforts to reduce costs at the expense of 
system reliability.'' The Corps failed to design the system with 
appropriate safety standards, failed to adequately address the complex 
geology of the region, failed to provide adequate design oversight, and 
engaged in ``a persistent pattern of attempts to reduce costs of 
constructed works at the price of corollary reduction in safety and 
reliability.''
  These failings led to the ``single most costly catastrophic failure 
of an engineered system in history'' that caused the deaths of more 
than 1,290 people and some $100 to $150 billion in damages to the 
greater New Orleans area.
  I could go on, and I will. I want my colleagues to know what is at 
stake. In March 2006, the Government Accountability Office testified 
that ``the Corps' track record of providing reliable information that 
can be used by decision makers . . . is spotty, at best.'' Four recent 
Corps studies examined by GAO were ``fraught with errors, mistakes, and 
miscalculations and used invalid assumptions and outdated data.'' These 
studies ``did not provide a reasonable basis for decisionmaking.'' The 
recurring problems ``clearly indicate that the Corps' planning and 
project management processes cannot ensure that national priorities are 
appropriately established across the hundreds of civil works projects 
that are competing for scarce federal resources.'' Problems at the 
agency are ``systemic in nature and therefore prevalent throughout the 
Corps' Civil Works portfolio'' so that effectively addressing these 
issues ``may require a more global and comprehensive revamping of the 
Corps' planning and project management processes rather than a 
piecemeal approach.''
  I commend to my coleagues this damning testimony before the House 
Energy and Resources Subcommittee of the Committee on Government Reform 
by Ann Mittal, Director, Natural Resources and Environment, GAO.
  In March of 2006, the American Society of Civil Engineers External 
Review Panel for the Interagency Performance Evaluation Task Force 
letter to the Corps' chief of engineers found that decisions made 
during the original design phase led to the failure of the 17th Street 
canal floodwall in New Orleans and are representative of ``an overall 
pattern of engineering judgment inconsistent with that required for 
critical structures.'' These problems pose ``significant implications 
for the current and future safety offered by levees, floodwalls and 
control structures in New Orleans, and perhaps elsewhere.'' The 
External Review Panel recommends a number of immediate actions to 
improve Corps planning for ``levees and floodwalls in New Orleans and 
perhaps everywhere else in the nation,'' including external peer review 
of the Corps' design process for critical life safety structures.
  In September 2005, the GAO issued a report which backs up our call 
for prioritization. ``Army Corps of Engineers, Improved Planning and 
Financial Management Should Replace Reliance on Reprogramming Actions 
to Manage Project Funds'' finds that the Corps' excessive use of 
reprogramming funds is being used as a substitute for an effective 
priority-setting system for the civil works program and as a substitute 
for sound fiscal and project management.
  In fiscal years 2003 and 2004, the Corps reprogrammed funds over 
7,000 times and moved over $2.1 billion among projects within the 
investigations and constructions account.
  In September 2004, the U.S. Commission on Ocean Policy issued a 
report, ``An Ocean Blueprint for the 21st Century Final Report of the 
U.S. Commission on Ocean Policy.'' This report recommends that the 
National Ocean Council review and recommend changes to the Corps' civil 
works program to ensure valid, peer-reviewed cost-benefit analyses of 
coastal projects; provide greater transparency to the public; enforce 
requirements for mitigating the impacts of coastal projects; and 
coordinate such projects with broader coastal planning efforts.
  The report also recommends that Congress modify its current 
authorization and funding processes to encourage the Corps to monitor 
outcomes from past projects and study the cumulative and regional 
impacts of its activities within coastal watersheds and ecosystems.
  In 2004, the National Academy of Sciences issued a slew of reports:
  The ``U.S. Army Corps of Engineers Water Resources Planning: A New 
Opportunity for Service'' recommends modernizing the Corps's 
authorities, planning approaches, and guidelines to better match 
contemporary water resources management challenges.
  ``Adaptive Management for Water Resources Project Planning'' 
recommends needed changes to ensure effective use of the adaptive 
management by the Corps for its civil works projects.
  ``River Basins and Coastal Systems Planning Within the U.S. Army 
Corps of Engineers'' describes the challenges to water resources 
planning at the scale of river basins and coastal systems and 
recommends needed changes to the Corps' current planning practices.
  ``Analytical Methods and Approaches for Water Resources Planning'' 
recommends needed changes to the Corps' ``Principles and Guidelines'' 
in planning guidance policies.
  In May 2003, the Pew Oceans Commission's ``America's Living Oceans, 
Charting a Course for Sea Change, A Report to the Nation, 
Recommendations for a New Ocean Policy'' recommends enactment of 
``substantial reforms'' of the Corps, including legislation to ensure 
that Corps projects are environmentally and economically sound and 
reflect national priorities. The Pew report recommends development of 
uniform standards for Corps participation in shoreline restoration 
projects and transformation of the Corps over the long term into a 
strong and reliable force for environmental restoration. The report 
also recommends that Congress direct the Corps and other Federal 
agencies to develop a comprehensive floodplain management policy that 
emphasizes nonstructural control measures.
  In May 2002, the GAO found in its report ``Scientific Panel's 
Assessment of Fish and Wildlife Mitigation Guidance'' that the Corps 
has proposed no mitigation for almost 70 percent of its projects. And 
for those few projects where the Corps does perform mitigation, 80 
percent of the time it does not carry out the mitigation concurrently 
with project construction.
  In response to language that was included in the WRDA 2000 bill, the 
National Academy of Sciences, in ``Review Procedures for Water 
Resources Planning'' issued in 2002, recommends creation of a 
formalized process to independently review costly or controversial 
Corps projects. And in one of the most disturbing of the numerous 
reports on the Corps and the problems endemic in this agency, in 
November 2000, the Department of the Army Inspector General issued a 
report entitled

[[Page 14902]]

``Investigation of Allegations Against the U.S. Army Corps of Engineers 
Involving Manipulation of Studies Related to the Upper Mississippi 
River and Illinois Waterway Navigation Systems.'' Their report found 
that the Corps deceptively and intentionally manipulated data in an 
attempt to justify a $1.2 billion expansion of locks on the upper 
Mississippi River and that the Corps has an institutional bias for 
constructing costly, large-scale structural projects.
  Back in 1999--yes, 7 years ago--the National Academy of Sciences, in 
their report titled ``New Directions in Water Resources Planning for 
the U.S. Army Corps of Engineers'' recommends key changes to the Corps' 
planning process and examines the length of time and cost of Corps 
studies in comparison with similar studies carried out by the private 
sector.
  Twelve years ago, in June of 1994, the Interagency Floodplain 
Management Review Committee report, ``Sharing the Challenge: Floodplain 
Management Into the 21st Century,'' a Report to the Administration 
Floodplain Management Task Force--often referred to as the Galloway 
Report after the report's primary author, BG Gerald Galloway--
recommends changes to the Nation's water resources policies based on 
lessons learned from the great Midwest Flood of 1993, including 
modernizing the Corps' Principles and Guidelines, requiring the Corps 
to give full consideration to nonstructural flood damage reduction 
alternatives, requiring periodic reviews of completed Corps projects, 
adopting floodplain management guidelines that would minimize impacts 
to floodplains land reduce vulnerabilities to population centers and 
critical infrastructure, and reinstituting the Water Resources Council 
to facilitate improvement in Federal water resources planning.
  Lastly, but certainly not least, in 1994 that very busy National 
Academy of Sciences issued yet another scathing report, ``Restoring and 
Protecting Marine Habitat: The Role of Engineering and Technology,'' 
which finds, among other things, that the Corps and all Federal 
agencies with responsibility for marine habitat management should 
revise their policies and procedures to increase use of restoration 
technologies; take into account which natural functions can be restored 
or facilitated; improve coordination concerning marine resources; 
include environmental and economic benefits derived from nonstrucural 
measures in benefit/cost ratios of marine habitat projects; and examine 
the feasibility of improving economic incentives for marine habitat 
restoration. It has been a long recitation of these reports, but it is 
an amazing record.
  Over 12 years of analysis on how we can improve the Corps of 
Engineers. During that time, WRDA bills passed in 1996, 1999, and 2000, 
with the only reform coming in the NAS study I got included in the 2000 
bill. That is why today is the day to implement the knowledge we have 
from all of this expert consideration of the Corps. Today is the day 
for action.
  With that history in mind, let me describe what our independent peer 
review amendment does: No. 1, it requires independent review of 
projects that are costly, controversial, or critical to public safety. 
Under my amendment Corps project planning will be independently 
reviewed if the project costs more than $40 million, a Governor 
requests a review, a Federal agency finds the project will have a 
significant adverse impact, or the Secretary of the Army determines 
that the project is controversial; No. 2, it ensures truly independent 
review panels by implementing National Academy of Sciences criteria 
about who would be eligible to provide expert review; No. 3, if 
implements the recommendation of the 2002 National Academy of Sciences 
report on peer review that said that independent reviewers should be 
given the flexibility to bring important issues to the attention of 
decisionmakers; No. 4, it includes strict deadlines for reviews. 
Reviews are subject to a strict timeline that requires independent 
review panels to complete the review 180 days after being impaneled or 
90 days following the close of public comment, whichever provides the 
most time. This timeline balances the need to not delay the planning 
process with the need to ensure that the panel will be able to review 
the full draft study and to consider any relevant public comments; and 
No. 5, it implements recommendations from the Senate Homeland Security 
and Government Affairs Committee's Katrina report by requiring review 
of the more detailed technical design and construction work for Corps 
flood control projects where failure could jeopardize the public 
safety.
  In a nutshell, that is what the amendment does.
  Mr. President, when you have worked on an issue as long as I have 
worked on Corps reform, you are likely to hear your intentions 
mischaracterized.
  I wish to address at some point today some of the myths out there 
about what we are trying to do here. At this point, I inquire whether 
my cosponsor, the Senator from Arizona, is interested in addressing 
this issue.
  The PRESIDING OFFICER (Mr. Graham). The Senator from Arizona is 
recognized.
  Mr. McCAIN. Mr. President, the Senator from Oklahoma wants to speak 
first.
  Mr. INHOFE. Yes, Mr. President, I think the ranking member of the 
committee would like to make a short statement, and then it would be 
fine for Senator McCain to go and, after that, Senator Bond.
  The PRESIDING OFFICER. The Senator from Vermont is recognized.
  Mr. JEFFORDS. Mr. President, I rise in support of the Feingold-McCain 
amendment on the Army Corps of Engineers' independent peer review, 
which I am proud to cosponsor.
  For years, we have heard from a variety of reports about the need for 
reforming the Corps, reports that Senator Feingold has elaborated on in 
his statement.
  I thank him for his leadership in this issue. In fact, Senator 
Feingold has been a leader on this issue for many years. Through his 
efforts, an amendment was included in the last water resources bill in 
2000 directing the National Academy of Sciences to undertake a 1-year 
study on peer review. In the 107th Congress, Senator Feingold 
introduced a comprehensive Corps reform bill and the Environment and 
Public Works Committee held a hearing on it.
  While development of the bill before the Senate today was a bi-
partisan effort, independent reviews, mitigation and planning, and 
issues considered Corps reform, were not negotiated by the bill's 
managers.
  However, in the previous Congress, the managers were able to reach a 
compromise agreement on these issues, including peer review, which I 
offered during committee consideration of this bill, but it did not 
prevail.
  Since committee consideration of the bill, some improvements have 
been made to the planning provisions of the bill, due to the work of 
Senator Feingold, and I want to thank him for working with the managers 
to incorporate those revisions.
  I think many believe there should be independent peer review of Corps 
projects, the debate is over what form that review should take and 
which projects should be reviewed.
  In fact, the Assistant Secretary of the Army, Mr. Woodley, on March 
31, 2004, in testimony before the Environment and Public Works 
Committee stated:

       The concept of requiring a peer review is something that 
     should be addressed. We are supportive of requiring outside 
     independent peer review of certain Corps projects. Peer 
     review, where appropriate, would be a very useful tool and 
     add significant credibility to the Corps project analyses and 
     to our ability to judge the merits of a project.

  I think the Feingold-McCain amendment provides the strong, truly 
independent peer review that is needed to assure that taxpayer dollars 
are being spent on projects that have had the utmost scrutiny and 
unbiased review. The Inhofe/Bond amendment does not.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. McCAIN. Mr. President, I am pleased to join Senators Feingold, 
Carper, Lieberman, and Jeffords in sponsoring the amendment. This

[[Page 14903]]

amendment has been described already by my friend from Wisconsin. I 
will point out again that it establishes a truly independent system for 
conducting peer review of certain Army Corps projects.
  As my colleagues know, the Corps comes under intense scrutiny by 
Government watchdog agencies and taxpayer groups, including the 
Government Accountability Office and the National Academy of Sciences. 
Investigation after investigation into the Corps' project review 
practices has revealed serious problems with the quality, objectivity, 
and credibility of the Corps when reporting on the economic and 
environmental feasibility of proposed water projects. One GAO report 
concluded in 2006 that the Corps' planning studies ``were fraught with 
errors, mistakes, and miscalculations, and used invalid assumptions and 
outdated data.'' The same GAO report cited several examples of the 
Corps' failure to properly analyze projects.
  These include the Sacramento flood protection project. According to 
the GAO, the Corps didn't fully analyze likely cost increases for the 
Sacramento flood protection project or report cost overruns to Congress 
in a timely manner. The GAO found that the estimated cost of the 
project originally totaled about $114 million but increased to about 
$500 million by 2002. By the time the Corps reported those cost 
increases to Congress in 2002, it had already spent or planned to spend 
more than double its original estimated cost.
  The Delaware deepening project: The GAO found that the Corps 
substantially overstated the projected economic benefits of the 
Delaware River channel-deepening project. Whereas the Corps estimated 
the benefits to be $40.1 million per year in 1998, the GAO projected 
only $13.3 million per year. The GAO urged the Corps to reanalyze the 
project, which later revealed it could be built for $56 million less 
than the Corps estimated.
  The list goes on and on of these projects that have been understated 
in cost, not properly justified. There is not a proper prioritization.
  Regarding the Corps' analysis of the Oregon Inlet jetty project, 
according to the GAO, the Corps' analysis of the Oregon Inlet jetty 
project, issued in 2001, failed to ``consider alternatives to the 
proposed project, used outdated data to estimate benefits to fishing 
trawlers, and did not account for the effects on smaller fishing 
vessels.''
  In 2005, the Corps adopted guidelines for conducting external reviews 
of projects. It sounds like a good idea. The current guidelines give 
the Corps virtually complete discretion to decide what projects should 
be reviewed from outside the Corps. The so-called peer reviewers 
themselves are selected by the Corps and in some circumstances can even 
be Corps employees. According to the American Society of Civil 
Engineers, Corps officials have identified approximately 25 engineering 
studies as eligible for outside peer review since the peer review 
guidelines were enacted over a year ago, but the Corps has not been 
able to point to any study where an external review was actually 
carried out.
  Clearly, the system needs to be fixed. According to this amendment, 
Corps studies would be subject to peer review if the project cost more 
than $40 million, the Governor of an affected State requests a review, 
a Federal agency with statutory authority to review a project finds 
that it will have significant adverse impact, or the Secretary of the 
Army determines that the project is controversial.
  This kind of issue hits home pretty much when we have a situation 
such as the catastrophe in New Orleans.
  According to a March 25, 2006, article in the Washington Post:

       An organization of civil engineers yesterday questioned the 
     soundness of large portions of New Orleans' levee system, 
     warning that the city's federally designed flood walls were 
     not built to standards stringent enough to protect a large 
     city.
       The group faulted the agency responsible for the levees, 
     the Army Corps of Engineers, for adapting safety standards 
     that were ``too close to the margin'' to protect human life. 
     It also called for an urgent reexamination of the entire 
     levee system, saying there are no assurances that the miles 
     of concrete ``I-walls'' in New Orleans will hold up against 
     even a moderate hurricane.

  We have just experienced an incredible disaster and, apparently, the 
Corps of Engineers is not taking the proper measures to repair it.

       Corps officials said they had already taken steps to 
     address problems identified in the letter, starting with an 
     effort to replace miles of I-walls with sturdier structures. 
     But agency officials insisted the Corps was not solely to 
     blame for weaknesses in the system.
       ``We have done the best things we could have done. We live 
     here,'' spokeswoman Susan J. Jackson said. . . .
       The American Society of Civil Engineers panel is one of 
     three independent teams investigating the failure of the New 
     Orleans levees, and until now it has been the most cautious 
     in its public criticisms. The other investigating teams 
     quickly endorsed its findings.
       ``We agree that every single foot of the I-walls is 
     suspect,'' said Ivor van Heerden, leader of a Louisiana-
     appointed team of engineers. ``When asked, we have constantly 
     urged anyone returning to New Orleans to exercise caution . . 
     .

  We are talking about a pretty serious situation here.
  On May 14, 2006, an article entitled ``A Flood of Bad Projects,'' was 
written by Mr. Michael Grunwald who is a Washington Post staff writer. 
He goes on to say:

       In 2000, when I was writing a 50,000-word Washington Post 
     series about dysfunction at the Army Corps of Engineers, I 
     highlighted a $65 million flood control project in Missouri 
     as Exhibit A. Corps documents showed that the project would 
     drain more acres of wetlands than all U.S. developers do in a 
     typical year, but wouldn't stop flooding in the town it was 
     meant to protect. FEMA'S director called it ``a crazy idea''; 
     the Fish and Wildlife Service's regional director called it 
     ``absolutely ridiculous.''
       Six years later, the project hasn't changed--except for its 
     cost, which has soared to $112 million.

  Remember, Mr. President, originally, it was $65 million.

       Larry Prather, chief of legislative management for the 
     Corps, privately described it in a 2002 e-mail as an 
     ``economic dud with huge environmental consequences.'' 
     Another Corps official called it ``a bad project. Period.'' 
     But the Corps still wants to build it.
       ``Who can take this seriously?'' Prather asked in his e-
     mail. That's a good thing question to ask about the entire 
     civil works program of the Corps.

  It goes on to say:

       Somehow, America has concluded that the scandal of Katrina 
     was the government's response to the disaster, not the 
     government's contribution to the disaster. The Corps has 
     eluded the public's outrage--even though a useless Corps 
     shipping canal intensified Katrina's surge,--

  Remember that, we have come to the shipping canal intensified 
Katrina's surge--

     even though poorly designed Corps floodwalls collapsed just a 
     few feet from an unnecessary $750 million Corps navigation 
     project, even though the Corps had promoted development in 
     dangerously low-lying New Orleans floodplains and had helped 
     destroy the vast marshes that [surround it.]

  There have been many studies and views of what happened in New 
Orleans. We all know that canal intensified the damage. We all know 
that the levees were not well built. Some of them, according to other 
news reports, had already been turned over to the local authorities.
  What we are asking for is rather modest. I am going to be astonished 
at the response of my dear friends from Missouri and Oklahoma about 
this because basically all this says is that there would be a peer 
review if a project costs more than $40 million, and if the Governor of 
an affected State--which seems to be a fairly good Republican principle 
to me--requests a review that it should be allowed, and a Federal 
agency with statutory authority to review a project finds that it will 
have a significant adverse impact or the Secretary of the Army 
determines that the project is controversial.
  The timing of the review is flexible, but the duration is strictly 
limited in order to not delay the process. Reviewers will be able to 
consider all the data, facts, and models used.
  Finally, the amendment establishes an independent safety assurance 
review for flood control projects where the public safety could be at 
risk should the project fail.
  By the way, that was recommended in the Senate Homeland Security 
Committee's report on Hurricane Katrina.

[[Page 14904]]

  I would think that the Members of this body, knowing the intense 
criticism that the Corps of Engineers has come under for years and 
these dramatic cost overruns time after time--I later may submit for 
the Record the very long list of cost overruns that have been incurred 
due to bad estimates to start with--that we would want to have greater 
oversight, that we would want to have a peer review system that would 
only apply to projects over $40 million each and if a Governor of a 
State requests it.
  If I were in the Corps of Engineers, maybe I would like to continue 
to do business as usual, but I think we showed in New Orleans that we 
are not talking about just cost overruns. We are not just talking about 
featherbedding in bureaucracies. We are talking about the lives of our 
citizens and catastrophes that could take place.
  I hope my colleagues will understand that this amendment is meant to 
try to improve the image of the Corps of Engineers, to give greater 
confidence to the taxpayers of America that their tax dollars are being 
wisely spent, and that we will do everything we can to prevent the kind 
of construction and failing that took place in New Orleans which caused 
so much damage, including the construction of a canal that aggravated 
dramatically the disaster that took place.
  I might add, it was also the Corps of Engineers' projects which 
depleted the wetlands which have been the natural barrier to hurricanes 
for hundreds of years, which are disappearing as we speak. As we speak, 
the wetlands south of Louisiana are being eroded on a daily basis.
  Mr. President, I thank my colleague from Wisconsin for his 
involvement in this issue. I hope my colleagues will understand, 
considering the rather significant shortfalls and shortcomings we have 
found involved in the Corps of Engineers, that we would want to support 
an effort for greater accountability and greater transparency and more 
involvement by local government.
  I also remind my colleagues that there are many projects which are on 
the boards, in planning stages. We will be discussing that when I 
propose my amendment for a process of prioritization for these 
projects.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, first, I ask unanimous consent to add the 
following cosponsors to the Inhofe-Bond amendment: Senators Cochran, 
Domenici, and Thune.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. Mr. President, also, I am going to announce what we are 
doing. We are going to be considering these two amendments, and after 
the time has expired for both amendments under the time agreement, then 
we will actually be voting on them side by side. That will take place 
and people will have a choice.
  I also want to mention that the Senator from Wisconsin and the 
Senator from Arizona acknowledge that the underlying substitute 
amendment does improve this situation. I don't think anyone is saying 
that what we have had in the past is acceptable. It is not acceptable. 
We are talking about making major changes, and the underlying 
substitute amendment does that as well as either of the amendments we 
are considering now.
  Before I forget to do this, I wish to repeat something I said a 
couple of days ago. I thank Senator McCain and Senator Feingold and all 
the members of our committee for working closely together so that this 
very significant legislation could come to the floor. I think, 
regardless of what amendments are adopted, we are going to have a 
dramatic improvement over the current system.
  Speaking of thanking people, I thank Senator Bond. He is the one who 
has been a driving force in this committee. I yield to him at this time 
whatever time he wants to consume on our amendment or on the Feingold-
McCain amendment.
  The PRESIDING OFFICER. Who yields time?
  Mr. INHOFE. I just did.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, I am very grateful to the chairman of the 
committee for giving me this opportunity to respond.
  I was very pleased that my friend from Arizona finally called 
attention to the St. John's Bayou-New Madrid floodway project. This is 
a very important project. I invite the Senator out to see it sometime 
because this area, a large area of southeast Missouri, was converted to 
cropland in the early 1900s.
  One can argue whether that was a good idea, but for over a century, 
it has been farmed and farmed successfully. They are not wetlands. 
There are no wetlands being drained there. This is cropland, and it is 
farmed. Some of the farming is done by very low economic people. 
Minority communities are located there. The minority community of 
Pinhook holds many of the farmers who farm this land.
  We have had very compelling testimony before the Environment and 
Public Works Committee. When the late Jimmy Robbins, one of the leaders 
of Pinhook, came up and explained that without closing the St. John's 
Bayou-New Madrid floodway, every time the river comes up, the river 
floods Pinhook. The entire community is covered in floodwater. They 
have to get out high-wheel tractors and large farm tractors to ferry 
their children to school, to ferry them back and forth to work, to take 
care of their basic needs.
  Do we want to subject these people to continued flooding?
  My predecessor, Senator Tom Eagleton, back in 1976, proposed bringing 
relief to the minority communities living in the area that floods when 
the Mississippi River rises. Guess what. That was a mere 30 years ago 
because his project had been reviewed, re-reviewed, replanned, 
challenged, re-reviewed, re-reviewed, and the people of Pinhook 
continued to be flooded.
  This is not about draining wetlands. This is a problem of what 
happens to the people who actually live there.
  The purpose of the project is to protect communities, farmlands, and 
wildlife in a flood-prone area. No wetlands will be drained. The 
majority of the land has been leveled, improved, irrigated and is not 
functioning as wetlands habitat but is functioning as farmland.
  The Corps has reevaluated operations for fishery habitat for the area 
and determined that this project still exceeds the 1-to-1 benefit-to-
cost ratio. I can tell you it is a whole lot more expensive than it 
would have been had the project been done in a timely fashion after 
1976. That is what happens when you study, when you threaten to 
bankrupt local communities trying to pay their share. You put the State 
at great expense to continue these operations.
  Yes, we should study, and the amendment that has been proposed by 
Senator Inhofe and me provides for review to make sure the review is 
accurate. But to provide the additional bureaucracy, the additional 
hassle that the Feingold-McCain amendment provides does not in any way 
assure that the taxpayers will get a better deal, the environment will 
be better or that the needs of the people in the communities will be 
better satisfied.
  I want to discuss, very briefly, the technical and scientific 
independent review amendment offered by Senator Inhofe and me and the 
peer review amendment offered by Senators McCain and Feingold. Although 
the difference between independent review and independent peer review 
appears to be semantic and minor, when you look at what is in them, you 
see the difference. Both proposed amendments address Corps reform and 
both address external review. Nobody is arguing to say there shouldn't 
be review, that we shouldn't take a look and see what needs to be done 
and how it needs to be done better. Everybody can focus on the problems 
of New Orleans. Well, when you look at the problems of New Orleans, 
there are many factors that go into account. We are not going to 
address those here. But you take a look at how money was spent locally 
that was supposed to be spent on levees, and you take a look at the 
decisions made along the way that were not well made.

[[Page 14905]]

  Senator Inhofe and I have offered an amendment which is before us 
that is going to require an independent review by qualified, interested 
experts, compiled by the National Academy of Sciences, and the review 
will occur throughout the entire process. In other words, people such 
as representatives from the National Academy of Sciences, the IRC, the 
American Society of Civil Engineers, will be focusing on the project as 
it is developed. There are many stages in the development of these 
projects, and they need to be reviewed to make sure the work that is 
being done by the Corps is being done accurately.
  This is a general operation of what happens before you go to a 
decision to move forward. There is the chief's report; it is referred. 
There are letters, OSA reviews, the Office of Management and Budget 
reviews, the Office of Management and Budget has to clear it, the 
Assistant Secretary of the Army recommends it to Congress, and then 
Congress approves it. All of these steps--there are about 103 separate 
steps that have to be followed. So it comes to the Congress as a 
policymaker to decide whether it is an appropriate policy. But all 
along that path, we want to have people who are scientifically 
qualified to make sure that if they are building a levee, they build a 
levee that will hold as projected. If they are building a lock, they 
want to make sure it will hold water, that it will be sound, that it 
will be safe, whether it is a levee or a lock.
  As a result of the admission from the Corps that some of the problems 
existed with the planning and construction of the New Orleans levees, 
no one--not even the Corps--is denying that realistic reform is an 
important component of this WRDA bill. The challenge is to enact 
realistic reform that provides sufficient project review without 
creating unnecessary costs.
  The Inhofe-Bond amendment proposed does just that. It provides reform 
that will establish greater accountability and assure us that 
scientific, technical standards are observed without adding unjustified 
delays and costs.
  The peer review panels in the Feingold-McCain amendment are not 
clearly restricted to reviewing the scientific and engineering basis. 
The panels are permitted to get into policy, value, public controversy, 
and make the decisions that Congress and the local community are 
supposed to make. The local community decides whether to support it. 
Congress makes a policy decision. Congress has provided already for 
public hearings, public comment. Yesterday I went through the process 
of the number of meetings that had been held with Governors, with 
public hearings on the locks projects on the upper Mississippi, with 
the number of comments, the number of people who participated. There is 
tremendous public participation and input. Setting up a separate body 
to judge that input, rather than the Congress, is not, I think, good 
policy. We are supposed to make the policy based on the best scientific 
recommendations we can get. OMB has a crack at the policy when they 
send it up. But these policy reviews would be second-guessing the 
scientific decisions.
  Let's think about how this would play out in the transition. Once the 
comment period moves beyond the technicality and the science, what 
independent experts are dictating the project approval? We should not 
dilute public review by giving technocrats a larger role in policy 
recommendations than is given to the general public. There is a reason 
why we rely upon the appropriate training and expertise of the people 
who are generating the process to develop and construct our 
infrastructure and safety needs.
  Let's take a look at the local cost share that would go into the 
Feingold-McCain process. It doesn't even provide for integration of 
peer review until the end of the process. Making sure that the 
independent review begins as the process goes forward is the way that 
we assure the process is better. We want integration of the review all 
throughout before you make a major mistake and go off in the wrong 
direction. When you wait to have end-of-the-line peer review--does it 
make any sense to wait until a car is coming off of an assembly line, 
is rolled off the assembly line, to test to make sure that the lights 
work and the switches work? You test them before you put them into the 
car. That is what we are doing, we test along the line to make sure 
that what you are putting into the process works. You don't want to put 
components into a car only to find out, Hey, the lights don't work, the 
switches don't work, and then have to start tearing the car apart.
  That is what the Feingold-McCain amendment does. It is end-of-the-
line peer review. It invites multiple passes through the study process 
with unacceptable expense and delay, and it would, in effect, become a 
second study process. The first go-round, the local cost share, would 
increase, because they have to pay for it, the locals have to pay for 
it. It takes 1 to 3 years to go through the process in the first place, 
and then you start a peer review at the end and it could take another 
period of time, and if they send it back, you start it 1 to 3 years 
over. That becomes extremely expensive for the local cosponsors. It 
becomes extremely expensive for the taxpayers who are paying for the 
tab if you redo it without reviewing the project as you go forward. 
Doubling the time and moving the costs of a project outside of the 
realm of the local community's ability to pay makes no sense.
  Now, of course, beyond the peer review process, there is the 
congressional process. Congress must authorize and fund studies on each 
project and then authorize and appropriate funds to construct each 
project. As we all know, the congressional process does take years. If 
my ancient memory serves me, this is the 2002 Water Resources 
Development Act. This was the bill that was due in 2002. Here we are 4 
years later. Don't let anybody tell you that Congress doesn't review it 
and review it and review it and review it until it is lying on the 
floor gasping for breath.
  The amendment Senator Inhofe and I propose establishes a peer review 
panel that provides a safety net. We are elected to represent the 
interests of constituents. We are not appointed bureaucrats. The 
amendment takes away our authority to act on behalf of our constituents 
and meet the needs of our local communities. It removes the checks and 
balances set forth in our Constitution by shifting power away to other 
people.
  Now, why do we wait until the end of the line to do this peer review 
in the first place? The collaborative solutions to urgent flood and 
storm control and other important questions would be moved to the end 
of the process and sent back to the drawing board.
  Let's try another analogy. We test our schoolchildren throughout each 
grade level and assess their progress. If a child has difficulty 
reading, it is flagged, and intervention and extra help should be 
provided. We do not wait until students reach the end of the eighth 
grade and then test them to see if they have learned to read in the 
first grade and send them back to the first grade. You ought to be 
testing them each year to make sure they are proficient, and you ought 
to be testing the hypotheses of this process throughout.
  Common sense says that independent review is effective only if it is 
used throughout the process. Can you imagine an employee working on a 
project and planning for several years, and then during the end-of-the-
line review finding a technical error and having to go back to the 
beginning? Not only is that unnecessarily delaying and expensive, but 
it kills the motivation of employees, and it delays. I, along with 
Senator Inhofe, propose independent peer review during this study 
process.
  One other thing, the inclusion of the expectation of litigation. 
Their amendment talks about judicial review and invites judicial 
review. Well, that is another cost adder that will continue to impose 
burdens on communities and delay the effectiveness of the ability to 
construct needed projects. With the clear-cut incentives to litigate, 
we are going to see more lawsuits and less projects. Clear-cut 
opportunities to litigate, if the committee is unhappy with the chief's 
report, will only complicate the cost-benefit analysis, when it is 
already too challenging to place a

[[Page 14906]]

value on human life and the economic lifeline of the country. The Corps 
study process already takes too long and will be too expensive, and it 
will continue to delay the progress we need.
  Media reports and editorials have criticized what went on, and they 
play the blame game--they burden the Corps with the blame. But Senators 
should understand that the Corps needs to have an improved process, and 
we are going to do our best to make sure that process is driven by 
sound science throughout the process.
  About 80 of our colleagues signed a letter saying, Bring this bill to 
the floor. The 80 colleagues who are signed on to that letter believe 
they have projects in their communities, in their States, that are 
important. If you wish to continue to delay the passage of the WRDA 
bill for another 2, 4, 6, 8 years, then forget about the environmental 
benefits--the environmental benefits which are more than half of the 
authorization of this project, and the environmental benefits which the 
Audubon Society, the Nature Conservancy, and other responsible 
environmental groups say need to happen. Trying to delay the bill or 
trying to delay the process of implementation of Corps studies and 
recommendations is very costly and denies us the ability to accomplish 
things that are important for the safety, the well-being of our 
communities and the people who live in them.
  Mr. President, I urge our colleagues to oppose the Feingold-McCain 
amendment and to support the Inhofe-Bond amendment.
  The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
  Mr. INHOFE. Mr. President, we had a list of people wanting to be 
heard. It is my understanding the Senator from Montana wants to be 
heard, and that would come from the minority time on general debate.
  Mr. JEFFORDS. Yes.
  Mr. President, I yield 10 minutes to the Senator from Montana, the 
ranking member of the Subcommittee on Transportation and 
Infrastructure.
  Mr. BAUCUS. Mr. President, over 70 years ago one of Montana's most 
renowned political figures, Senator Burton K. Wheeler, attended a 
meeting with President Franklin D. Roosevelt where be proposed building 
the Fort Peck Dam in Central Montana. Fort Peck would be the largest 
hydraulic earth-filled dam in the world requiring over 11,000 workers 
at peak construction. At a pricetag of $75 million, the cost of 
construction was large even by today's standards. Fifteen minutes after 
Senator Wheeler's meeting with President Roosevelt had begun, Senator 
Wheeler walked out with a promise from President Roosevelt to have the 
Army Corps of Engineers build Fort Peck Dam. Construction began in 
1933.
  While it has taken this Congress significantly longer than it did 
Senator Wheeler to advance the water resource needs of the Nation, I am 
pleased to have worked with my colleagues--Senators Inhofe, Jeffords, 
and Bond--to bring the Water Resources Development Act of 2005 to the 
floor.
  It has been nearly 6 years since the last WRDA bill was signed into 
law. Protection of public safety, continued growth of the economy, and 
the restoration of the environment depend on our timely action.
  Much has changed since the Corps constructed Fort Peck Dam. Today 
much of the Corps work in Montana is focused on ecosystem restoration. 
That is why I included a provision in this bill that will allow the 
Corps to plan conservation projects on the Yellowstone River that are 
identified in the course of the Yellowstone River Cumulative Effects 
Study. A cumulative effects study has been ongoing along the 
Yellowstone River for several years, authorized by WRDA 1999. This 
study has been very successful, and has involved close collaboration 
with the State of Montana, the Yellowstone Conservation District 
Council, and local conservation districts, among many others. The 
provision included in the bill today would provide the Corps with the 
authority to move forward with planning, design and construction of 
ecosystem restoration projects along the Yellowstone as they are 
identified by the cumulative effects study. It is so important. All 
these factors work together. It provides for public participation in 
the selection of projects, and consultation with the State of Montana, 
the Yellowstone Conservation District Council, and others.
  The Yellowstone is the longest free flowing river in the county. Much 
of southern and eastern Montana depends on the health of the 
Yellowstone River. It irrigates fields, provides world-class fishing, 
sustains the tourism sector, and supplies clean drinking water. It is a 
source of great pride and economic strength for all Montana. This 
provision will protect the Yellowstone and Montana's recreational 
heritage for generations to come.
  While the Corps' mission has evolved to include ecosystem 
restoration, part of the Corps' central mission is to develop our water 
resources to maintain our economic competitiveness. Economic 
development and ecosystem restoration used to be thought of as mutually 
exclusive. No more. This view is needlessly divisive. This bill 
includes a provision that has brought together both irrigators and 
environmentalists. The Intake project on the Yellowstone River will 
authorize the Corps to work with the Bureau of Reclamation in the 
design and construction of a dam and diversion works that will help 
both farmers and endangered fish. Rebuilding the dam at Intake will 
guarantee farmers water for their crops and allow the endangered 
sturgeon to pass through the dam, opening 238 miles of river habitat 
for the endangered fish.
  This bill also includes urgently needed hurricane protection and 
coastal restoration projects for the State of Louisiana. Indeed, this 
bill authorizes the Corps in consultation with the Governor of 
Louisiana to create a comprehensive ecosystem restoration plan for 
Louisiana to rehabilitate coastal barrier islands and wetlands that 
serve as natural hurricane barriers.
  Unfortunately, some things at the Corps have not changed. In 1938 the 
Fort Peck Dam tragically failed. Thirty-four workers were swept away in 
a landslide. Eight lost their lives. The landslide was the result of 
inaccurate soils and foundation analysis. If we do not learn the 
lessons of history, we are doomed to repeat them.
  Sixty-seven years later as Hurricane Katrina bared down on the city 
of New Orleans, floodwalls around New Orleans failed because of faulty 
soils analysis. What makes this event even more tragic is that an 
internal Corps study predicted exactly how the floodwalls would fail, 
and it went unread. The underlying bill does not go far enough to 
ensure that the Corps learns from the tragedy of Hurricanes Katrina and 
Rita. The Corps needs a robust program of independent peer review and 
project prioritization. The Corps currently has a $58 billion project 
backlog and a $2 billion a year project budget. At that pace it would 
take the Corps roughly 30 years just to work through the backlog of 
projects. With limited Federal resources, it is important that the 
Corps separate the wheat from the chaff.
  In fact I would like to see the prioritization framework extended to 
cover not only construction projects but ongoing operational activities 
of the Corps as well. Recreation on the Missouri River generates nearly 
$85 million a year, while the barge industry provides only $9 million a 
year. Despite this disparity, the Corps continues to maintain at least 
a 6-month navigation season on the Missouri unless total water system 
storage on the Missouri drops below 31 million acre feet. That is dryer 
than a dust bowl drought. It makes no sense to waste precious taxpayer 
and water resources to maintain a navigation season on the Missouri in 
drought years. That is why I was pleased to work with Senators Feingold 
and McCain to include a provision in their project prioritization 
amendment that directs the Water Resources Planning Coordinating 
Committee to recommend to Congress a process for prioritizing ongoing 
operational activities of the Corps.
  I am proud of the work my colleagues and I have done on this bill. 
It's been nearly 6 years in the making, but it has a solid base. This 
bill keeps our

[[Page 14907]]

economy competitive. It restores fisheries along the Yellowstone River 
so our kids can enjoy the great outdoors. It protects the gulf coast 
from the ravages of hurricanes. But it can do more. With the right 
amendments, it can reform the way the Corps does business to rebuild 
the floodwalls of New Orleans and the public's trust in the Corps.
  I very much hope this amendment succeeds.
  The PRESIDING OFFICER. Who yields time?
  Mr. FEINGOLD. I yield time to the Senator from Arizona.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. McCAIN. Mr. President, I speak in opposition to the Inhofe-Bond 
amendment. I would like to make it very clear that the Inhofe-Bond 
amendment is not an independent review amendment. In fact, it is 
business as usual.
  We have an expansion of a system that has never worked before and 
will continue to fail in the future because we are putting the fox in 
charge of the hen house. We are putting the Corps of Engineers in 
charge of reviewing their own work.
  To begin with, I hesitate to call it an independent peer review 
amendment, considering that the amendment directs the Chief of 
Engineers to select the panels, guaranteeing that the panels will not 
be independent. The amendment makes the Chief of Engineers the final 
arbiter of whether an independent review will happen at all. The Corps 
gets to select the reviewers. There are no criteria at all for ensuring 
independence of those reviewers. Review is not independent if the Corps 
has control over whether, how, and who will review the projects. Their 
version, according to the Inhofe-Bond amendment, would be prepared by 
the Corps, controlled by the Corps, evaluated by the Corps, and 
reported by the Corps, locking out input from other relevant water 
resources agencies such as the Department of Homeland Security.
  Putting the structure of the review aside, let's look more closely at 
what requirements would need to be met in order to trigger a review of 
a Corps project. According to the Inhofe-Bond amendment, it gives the 
Corps complete discretion to avoid review of most projects. Review is 
mandatory only for projects costing more than $100 million. Inhofe-Bond 
lets the Corps ignore Governor and agency requests for review. Inhofe-
Bond prohibits review of the Corps' project proposal. Reviews could 
only examine scientific, engineering or technical bases of the decision 
or recommendation but not the recommendations resulting from that data. 
The environment review accompanying a feasibility study would not be 
subject to review.
  The Inhofe-Bond amendment prohibits reassessment of key models and 
data. This permanent moratorium guarantees that the Corps will continue 
to use models that are widely recognized as inaccurate and flawed.
  Mr. President, I think events of New Orleans cry out for independent 
review and outside scrutiny. It is alarming what we have found out, 
after some of the hubbub concerning Katrina has died down.

       After Katrina, the Corps of Engineers said that all of its 
     failed flood walls had been overtopped by a hurricane too 
     powerful for the Category 3 protection authorized by 
     Congress, while [the President's] critics said the 
     administration budget cuts had hamstrung the Corps.
       Both were wrong. Katrina was no stronger than Category 2 
     when it hit New Orleans, and many corps [flood walls] 
     collapsed even though they were not overtopped. [President] 
     Bush's proposed budget cuts were largely ignored, and were 
     mostly irrelevant to the city's flood protection. New Orleans 
     was betrayed by the Corps and its friends in Congress.
       The Corps helped set the stage for the disaster decades ago 
     by imprisoning the Mississippi River behind giant levees. 
     Those levees helped protect St. Louis, Memphis and even New 
     Orleans from river flooding, but they reduced the amount of 
     silt the river carries to its delta, curtailing the land-
     building process that creates marshes and swamps along the 
     Louisiana coast. Those wetlands serve as hurricane speed 
     bumps--in Katrina, levees with natural buffers had much 
     higher survival rates--but they have been vanishing at a rate 
     of 24 square miles per year.

  Mr. President, the record of the Corps of Engineers cries out for 
independent review and scrutiny and a prioritization of projects. I 
quote from the Washington Post editorial of Wednesday, June 7, 2006:

       Last week the U.S. Army Corps of Engineers admitted 
     responsibility for much of the destruction of New Orleans. It 
     was not true, as the Corps initially had claimed, that its 
     defenses failed because Congress had authorized only Category 
     3 protection, with the result that Hurricane Katrina 
     overtopped the city's floodwalls. Rather, Katrina was no 
     stronger than a Category 2 storm by the time it came ashore, 
     and many of the floodwalls let water in because they 
     collapsed, not because they weren't high enough. As the 
     Corps' own inquiry found, the agency committed numerous 
     mistakes of design. Its network of pumps, walls and levees 
     was ``a system in name only.'' It failed to take into account 
     the gradual sinking of the local soil; it closed its ears 
     when people pointed out these problems. The result was a 
     national tragedy.

  I hope my colleagues will do everything in their power to make sure 
we never see a repeat of this. There are admitted failures in the 
process, and I respect the effort of my colleagues from Oklahoma and 
Missouri to make some changes. But our argument is it is not enough. It 
is not enough. Virtually every environmental organization in America 
supports this amendment. Virtually every outside organization supports 
this amendment. The administration supports this amendment.
  I hope that we would make sure that we can tell our constituents and 
the people who live in areas that may be buffeted by hurricanes or 
other natural disasters, particularly as we enter another what is 
predicted to be a heavy hurricane season, that at least in future 
projects, we have installed a proper system of scrutiny and oversight--
not only so their tax dollars aren't wasted but, far more important, 
that they don't experience an unnecessary disaster.
  I urge we adopt the amendment of Senator Feingold and myself and 
reject the Inhofe-Bond amendment.
  I will yield the floor.
  The PRESIDING OFFICER. Who yields time? The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, it is my understanding the Senator from 
Iowa is here, but I don't see him. Let me do this. We don't have any 
other speakers requesting time.
  Yesterday, Senator Bond had printed in the Record the National 
Waterways Alliance letter that we received, dated June 30 of this year, 
wherein they were strongly requesting the passage of the WRDA bill 
which--I think we all are in agreement on that. We have not had a 
reauthorization since the year 2000.
  They also say they want us to accept the Inhofe-Bond amendment and 
reject the Feingold-McCain Corps reform. I bring this up because the 
distinguished Senator from Arizona commented about a lot of groups that 
were in favor of their amendment. But there are 288 organizations--
labor organizations, Chamber organizations, waterway organizations of 
the National Waterway Alliance. I will go ahead and read a few:
  American Farm Bureau Federation, American Shore and Beach 
Preservation Association, Arkansas Basin Development Association--this 
is kind of interesting. A lot of people don't realize my State of 
Oklahoma is navigable. We have a port. It comes up through the Arkansas 
River, comes across from the Mississippi into Arkansas and up to my 
home town of Tulsa, OK. Obviously, they are in support of this, too.
  The California Coastal Coalition, the Carpenters' District Council of 
Greater Saint Louis and Vicinity, Grain & Feed Association of Illinois, 
the Harris County Flood Control District of Texas, the Illinois Chamber 
of Commerce, Illinois Corn Growers Association, and many of the 
Illinois--almost every organization in Illinois, I believe; the 
International Union of Operating Engineers, Iowa Corn Growers 
Association, Iowa Farm Bureau Federation, Iowa Renewable Fuels 
Association, Johnson Terminal in Muskogee, OK, Kansas Corn Growers, 
Kentucky Corn Growers, the Long Island Coastal Alliance, Louisiana 
Department of Transportation and Development, Maritime Association of 
the Port of New York and New Jersey, Maritime Exchange for the Delaware 
River and Bay, the

[[Page 14908]]

Mid-Central Illinois Regional Council of Carpenters, Missouri Farm 
Bureau Federation, Mississippi Welders Supply, Incorporated, the 
Missouri Corn Growers Association, Missouri Levee & Drainage District 
Association, National Association of Manufacturers, National 
Association of Waterfront Employees, National Corn Growers Association, 
National Grain & Feed Association, National Grain Trade Council, 
National Grange, National Heavy & Highway Alliance, Laborers' 
International Union of North America, International Union of Operating 
Engineers, United Brotherhood of Carpenters & Joiners, International 
Association of Bridge, Structural, Ornamental & Reinforcing Iron Works 
of America, Operative Plasterers' & Cement Mason International 
Association, International Brotherhood of Teamsters, and the 
International Union, Brickyard Layers & Allied Craftworkers.
  The list goes on and on, including, of course, our State of Oklahoma 
Department of Transportation.
  I guess what I am saying here is most States--the National Farm 
Bureau as well as the American Farm Bureau and individual State farm 
bureaus--are all in support of the Inhofe-Bond amendment and they are 
all opposed to the Feingold-McCain amendment. I don't want people to 
think these organizations are ambivalent. They are strongly in support 
of our approach.
  Again, we all agree on one thing: that is, the need to make some 
improvements. We like our peer review system better, and we will have 
ample time to talk about that.
  I understand Senator Grassley is here. I yield whatever time he wants 
to take and suggest it come off the general debate.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Thank you, Mr. President. I thank the Senator from 
Oklahoma.
  I appreciate very much the opportunity to discuss the issue of the 
Water Resources Development Act and particularly that part of the act 
that deals with the improvement of transportation on the Mississippi 
River because that improvement is very essential not only to the 
economy of Iowa but to the economy of the whole Midwest, and in turn 
that relates to the economy of the United States.
  Most importantly, it affects the economy--meaning the economic 
competitiveness of our industry and agriculture, and primarily 
agriculture with competition around the world, and particularly that, 
as I see it, of Brazil. Brazil is becoming very much a competitor with 
the Midwest of the United States in the production of a lot of grains, 
particularly soybeans.
  I owe a thank you, particularly to Senators Bond and Inhofe, for 
their strong leadership in moving this legislation forward.
  This used to happen every 2 years, a bill called the Water Resources 
Development Act. But we have not dealt with this issue since the year 
2000. This bill is not only long overdue, but it is a very important 
bill. Not only does the bill which is before us include many updates in 
existing authorized projects, but it also authorizes new projects 
throughout the country.
  Several examples of these much-needed projects beyond the ones I am 
going to emphasize are the coastal wetland restorations, but the one I 
want to emphasize the improvement of is the Upper Mississippi and 
Illinois Rivers. Coastal wetland restoration will help protect our 
inland waterways. We think, maybe too often, of that as being an 
environmental issue, but it is also about protecting our inland 
waterways, making sure that there is a multiple use of the rivers, 
recreation, food, as well as commerce.
  In the process of the wetland restoration protecting our offshore 
energy supply, we provide much-needed flood protection in the gulf 
coast region. But for my State and the Midwest generally, the Upper 
Mississippi and Illinois River navigation and ecosystem investments are 
also very vital because of the multipurpose use of the river. Of 
course, Iowa is bounded on the east side by the Mississippi River for 
the entire north and west distance of our State. And Iowa, as well as 
the Nation, relies on the river to move both goods that are 
domestically oriented and distributed as well as goods that are 
internationally distributed.
  The United States enjoys a comparative advantage in corn production 
worldwide. My State is also the No. 1 producer of corn, and usually we 
are also the No. 1 producer of soybeans.
  In regard to corn production, the per-ton cost of transporting corn 
in the United States is lower than any other country. But our country 
must not allow its transportation infrastructure to continue to 
deteriorate. Quite frankly, that is what this legislation is all about. 
Because of deterioration, it needs to be enhanced, it needs to be 
improved, and it needs to be kept up to date. Our international 
competitors are making major investments in their transportation 
systems.
  In Brazil, surface transportation--meaning railroads and highways, 
primarily highways--is very much inferior to ours. In March, I took a 
trip to Brazil. I can tell you that when we were out in the 
countryside, what we would call rural Brazil, we ran into more potholes 
than you could count, something that farmers of Iowa would not 
anticipate or tolerate from our local officials. You wonder how local 
officials get reelected because they are not going to be reelected 
because of filling potholes. But Brazil, on the other hand, as far as 
their river transportation, brings into question the competitive 
advantage the United States might have that we could be losing. Brazil 
has made significant investments in its river infrastructure. They do 
not have to have locks and dams, such as we do on the Mississippi, in 
the case of the Amazon. I saw facilities on my trip to Brazil on the 
Amazon that we could be very jealous of, the opportunity to bring 
commercial seagoing ships up the Amazon to load in Brazil on the Amazon 
and coming in this far with very major terminals for loading primarily 
soybeans, but also they can go up the river as well.
  There is a new facility being built at this point. I believe these 
ships go even further up. But at least I wanted to be sure of here and 
here that it is possible to load those ships at that point. They don't 
have to use barges as we do from Iowa to New Orleans to load. This 
would be the equivalent of our being able to take oceangoing ships up 
to Memphis to load for soybeans.
  You can understand then that we have this lock and dam situation that 
makes it possible for us to use the Mississippi River for major 
transportation. Keeping that up to date is very important if we are 
going to be economically competitive with how they can move their 
agricultural products--primarily soybeans--out of Brazil into the world 
trade.
  What they don't have that we have is very good roads, although they 
are improving them. They don't have the railroad system we have in the 
United States that makes it possible for us to get our grain very 
easily to the Mississippi River or using railroads to get it down to 
the gulf. But they are working on that. Right now we are competitive 
because they do not have that land infrastructure we have. When they 
get that, we will have a hard time competing.
  That brings up the point of this legislation and getting it passed, 
to make sure our Mississippi infrastructure is up to date. We must 
invest in major improvements in all of our transportation 
infrastructure. If we don't make these investments in our roads, our 
rails and water, the U.S. agricultural industry and labor will pay the 
price.
  Last year we did a lot to help with surface transportation, primarily 
referred to as the highway bill, although maybe not entirely highways. 
We provided $295 billion for road, transit, and rail improvements in 
that bill we passed last year. These funds will help facilitate the 
movement of our goods. The surface transportation bill will help 
alleviate congestion so our trucks can move more efficiently.
  It also provides additional loan authority and tax credit to help 
railroads invest in much-needed capital improvements and to help meet 
the large demands for their services.

[[Page 14909]]

  According to the Congressional Research Service, last year U.S. 
exports of goods and services totaled $1.275 trillion compared to 
$1.115 trillion in 2004 and $1.023 trillion in the year 2003.
  You can see very much an enhancement in value of our exports from the 
United States according to the Congressional Research Service. Of 
course, our consumers and our manufacturers, and to some extent food 
supply, rely upon importing goods into the United States. But whether 
it is exports or imports, whether it is consumers or input into 
manufacturing and agriculture, many of these goods travel on our inland 
waterways.
  Again, emphasizing the need to get this legislation passed, because 
it is also forecast to beat our exports and imports are going to 
continue to grow in the future, we must be able to efficiently and 
economically move these goods.
  When I get more parochial in my economic observance of the need of 
this legislation, it is because nearly two-thirds of all grain as well 
as soybean exports are moved through the Mississippi and Illinois 
Rivers. According to one study, unless the Army Corps of Engineers 
modernizes, which means Congress giving them the ability to do it, 
unless we modernize the lock and dam system on the Upper Mississippi 
and the Illinois Rivers, the cost of transporting just one commodity, 
corn, to the export market would rise by 17 cents per bushel.
  As a result, corn and soybean exports would decline by 68 million and 
10 million bushels per year, respectively, and the decline in corn and 
soybean exports would reduce farm income by $246 million. This 
highlights how important barge transportation is to the farmers but in 
turn to the economy generally.
  In addition, there are many environmental benefits to river 
transportation. According to the Environmental Protection Agency, 
towboats might have 35 to 60 percent fewer pollutants than either train 
locomotives or our big semitrucks in transporting anything, but 
particularly in regard to what I am talking about, the necessity of 
moving grain. A color chart used by the Senator from Missouri shows the 
same thing. I have a black-and-white chart. The information is the 
same, but it is cheaper to make white charts than it is colored charts.
  It shows one barge can move what 15 jumbo hopper cars of railroads 
can move or what 58 large semis can move. Not only is that an 
environmental issue, that is an issue of economy of moving a product. 
Most importantly, when you are waiting for a long train at a crossing, 
think in terms of fewer hopper cars because of what one barge can move. 
Of all of the trucks you meet on the interstate or the two-lane 
highways of the Midwest, think how many more there would be if we did 
not have transportation to the gulf by barge. If you have 15 of these 
barges being pushed by one motor, you would have 2.25 miles of train, 
180 cars or, in this case, 870 large semis.
  I hope everyone can see that moving a lot of merchandise to export on 
the Mississippi River is taking an awful lot of pressure off the 
highways, an awful lot of pressure off of the railroads. It is 
environmentally sound in the process.
  The Army Corps of Engineers data suggests that the Nation currently 
saves $100 to $300 million in air pollution abatement when moving bulk 
commodities by barge through the Mississippi River system. In these 
times of high fuel prices and with the need to conserve energy, one 
gallon of fuel in a towboat can carry one ton of freight 2.5 times 
further than rail and nine times further than trucks.
  Quoting the Minnesota Department of Transportation estimate, shifting 
from barge to rail results in fuel usage emissions and probable 
accident increases by the following percentages: 331-percent fuel 
usage; 470 percent less emissions; and 290 percent less probable 
accidents. Shifting traffic from barge to trucks increases fuel use 826 
percent, emissions 709 percent, and probable accidents by 5.967 
percent. In addition, another 1,333 heavy trucks would be added to our 
already congested roads.
  For these above reasons, we have this legislation before the Senate. 
Several of my Senate colleagues for many years have been seeking 
authorization for this lock and dam modernization as well as enhanced 
environmental restoration of the Mississippi and Illinois Rivers. To 
get that done, we have to get this bill to the President for his 
signature.
  I am very pleased the Committee on Environment and Public Works 
included these important initiatives in this Water Resources 
Development Act and that a truly bipartisan group of Senators is 
advocating for this important modernization. If anyone believes it is 
always Republicans attacking Democrats and Democrats attacking 
Republicans, this is an ideal initiative that shows how widespread 
bipartisan support and cooperation can be in this Senate when there is 
a national emergency. That national emergency is environmental, the 
national emergency is for our economy to be competitive, the national 
emergency is safety on our highways, to relieve glut on our railroads. 
It is all around.
  This is a bipartisan effort to cooperate for the good of this Nation 
because this lock-and-dam system of the Upper Mississippi River was 
built in the late 1930s, I suppose over a period of a few decades. But 
many lock chambers are only 600 feet long and cannot accommodate the 
barges we are talking about used in the modern day to get things into 
the international market. These structures require a modernization 
because there is a tow configuration that needs a double lock to pass. 
This adds to mounting delay time when we do not have the modernization. 
It amounts to increased costs to the shippers, increased harm to our 
environment with higher emissions and higher sediment suspensions in 
the river channel, the loss of jobs when we are not competitive, and 
lower wages when we are not competitive.
  Increased traffic levels without these improvements will result in 
gross farm revenue loss of over $105 million per year. This does not 
take into account the huge cost of increased highway and rail 
transportation.
  We realize the authorization of the lock-and-dam improvements is a 
first step in a lengthy process, but it is a necessary step and one 
that a bipartisan group of Senators, an increasing number of Senators 
in a bipartisan way, has been working on for a few years.
  It is an important and necessary project for our Nation. I urge my 
colleagues to vote for this balanced legislation, not to vote for any 
amendments that are going to dilute it or harm it in any way. When we 
get this number of Senators working together in a bipartisan fashion, 
this ought to be a test of something that is needed, a test of 
something that is good, something to move forward on. It is balanced 
legislation and, of course, it is good for the country.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Madam President, I appreciate the comments of the Senator 
in support of the bill. The Senator from Iowa is in support of the 
Inhofe-Bond amendment and opposed to the Feingold-McCain amendment. I 
remind him that virtually every organization in Iowa, including the 
Iowa Renewable Fuels Association, Iowa Farm Bureau Federation, Iowa 
Corn Growers Association, and others, are in support of the Bond-Inhofe 
amendment.
  I also make a request, and I am sure others will join, asking Members 
to come to the Senate if they want to speak on either of the two 
amendments that are being discussed right now.
  I ask unanimous consent to add Senator Burns as a cosponsor of the 
Inhofe-Bond amendment.
  The PRESIDING OFFICER (Ms. Murkowski). Without objection, it is so 
ordered.
  Mr. INHOFE. It is my understanding Senator Hatch is going to be 
making a request to be heard as if in morning business for 15 minutes. 
Because of the time constrains we are operating under, I will ask that 
time be taken off of my time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Utah.
  (The remarks of Mr. Hatch are printed in today's Record under 
``Morning Business.'')

[[Page 14910]]

  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Madam President, I yield 10 minutes to the Senator from 
New York, who will speak in morning business, but I understand the time 
will be charged to my side of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from New York.
  Mr. SCHUMER. Madam President, first, I thank my colleague for 
yielding time generously, as he always does, and note that I support 
his amendment and look forward to voting on it.
  (The remarks of Mr. Schumer are printed in today's Record under 
``Morning Business.'')
  The PRESIDING OFFICER. The Senator from Oklahoma.


                           Amendment No. 4682

     (Purpose: To modify a section relating to independent reviews)

  Mr. INHOFE. Madam President, I ask unanimous consent that the pending 
amendment be temporarily set aside, and I call up amendment No. 4682.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The assistant legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Inhofe] for himself, Mr. 
     Bond, Mr. Cochran, Mr. Thune, Mr. Domenici, and Mr. Burns, 
     proposes an amendment numbered 4682.

  Mr. INHOFE. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. INHOFE. I ask unanimous consent that the time until 2:30 be for 
concurrent debate on the pending Feingold-McCain amendment and the 
pending Inhofe-Bond amendment and be equally divided between the bill 
managers or their designees, and that at 2:30 the Senate proceed to a 
vote in relation to amendment No. 4681, to be followed by a vote in 
relation to the Inhofe-Bond amendment, with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. For clarification, I encourage Members to come down 
because our time is running out. It is confusing when you have two 
amendments that you are using the same time for. So essentially the 
time that we would have in favor of the Inhofe-Bond amendment would be 
the same as the time in opposition to the Feingold-McCain amendment. I 
appreciate the Senator from Wisconsin for his cooperation in moving 
this along.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Madam President, I thank the Senator from Oklahoma for 
his continued cooperation in the way in which this debate is 
proceeding. I will use a few minutes of my time to bring us back to the 
debate on these two amendments that are before us. First, to make it 
absolutely clear to people that the amendment that Senator McCain and I 
are offering certainly would not slow down the bill in any way or 
delude the bill; we have a time agreement. However, it turns out the 
legislation will go forward and there is an obvious expectation that 
the bill will pass. In light of the remarks of the Senator from Iowa, I 
want to make it clear to people that this in no way is going to somehow 
stop the bill from going through this body. We will let the chips fall 
where they may based on the results of the votes, but there is no 
slowing down of the bill.
  Secondly, I was struck by the response to our amendment. Senator 
McCain and I laid out some pretty damning evidence about what the Army 
Corps of Engineers' role may have been in the Katrina disaster, which 
everybody admits is one of the worst disasters in the history of our 
country. I think the Senator from Missouri indicated that he didn't 
think we ought to engage in a blame game. I wouldn't call it a blame 
game, but somebody has to be held responsible. We have to acknowledge 
what might have caused this horrendous problem, and the evidence is 
overwhelming. Just as FEMA's performance was abysmal, so, too, was the 
role of the Army Corps of Engineers in properly establishing levees and 
other engineering that had to be done. And it may well have been 
significantly responsible for the tragedy that occurred in New Orleans. 
I don't know if they plan to mount a response to that, but I hope the 
record makes it clear that this New Orleans situation is Exhibit A in 
the kinds of problems that can occur if you don't have appropriate 
review of these Army Corps of Engineers projects.
  I wanted to also respond to some of the specific issues the Senator 
from Missouri spoke about. He talked about what issues an independent 
review group could consider. I want to make it very clear. Under my 
amendment, which directly implements the recommendations of the 2002 
National Academy of Sciences' report on peer review, independent panels 
will ensure that the Corps' proposed approach to a problem will work to 
resolve the identified problem and not cause unintended adverse 
consequences. Independent review panels will not take away any 
decisionmaking responsibilities. I want to be clear on that because a 
couple of the comments today could at least be interpreted to suggest 
that somehow this is going to take away the decisionmaking power from 
those who have it. Under my amendment, no decisionmaking 
responsibilities are taken away from the Army Corps of Engineers. The 
amendment simply allows for independent experts to identify problems in 
the best possible way.
  Why would anyone not want to hear the important feedback from 
independent experts?
  I would like to talk a little more in detail about one of the biggest 
differences between our independent review amendment and the Inhofe-
Bond alternative which will be voted on side by side starting at 2:30, 
as the Senator from Oklahoma indicated. One of the very clear 
recommendations from the National Academy of Sciences' 2002 report on 
peer review is that reviewers should have the flexibility to comment on 
important issues to decisionmakers.
  On this point, the two competing amendments are very different. I 
want my colleagues to understand the importance and the potential 
ramifications of the difference as they consider these two amendments.
  My amendment implements the recommendations of the National Academy 
of Sciences by allowing a thorough analysis of a Corps feasibility 
study. The Inhofe-Bond amendment ignores this recommendation by sharply 
limiting what independent reviewers would be allowed to consider. On 
this point, it is good to give an example of why this matters. Many of 
us know about the Mississippi River Gulf Outlet, MRGO, in Louisiana. In 
Louisiana, MRGO is what this project is referred as.
  According to most scientists who have looked at it, MRGO, a Corps 
navigation channel, greatly exacerbated the impact of Hurricane Katrina 
by funneling and intensifying Katrina's storm surge directly into New 
Orleans and by destroying 20,000 acres of coastal wetlands that could 
have buffered the storm's surge. These same experts, including the 
independent reviewers looking into what happened in New Orleans, have 
said that the devastating flooding that overwhelmed St. Bernard Parish 
and the lower ninth ward of New Orleans came from the MRGO. I was in 
both of those parishes 10 days ago, and that is exactly what the 
National Guard and other people and experts indicated to me while I was 
physically looking at this destruction.
  Only 52 of the 28,000 structures in St. Bernard Parish escaped 
unscathed from Katrina. For years, community leaders, including the St. 
Bernard Parish Council, activists, and scientists warned that the MRGO 
was a hurricane highway and called for closing the outlet. This is not 
merely an after-the-fact recognition that something was wrong. People 
who lived and some who died in these communities were warning about 
this potential disaster before it occurred.
  Why is this relevant? Under the Inhofe-Bond limited review, the other 
amendment, a panel would not have been able to examine the full 
implications of constructing the Mississippi

[[Page 14911]]

River Gulf Outlet or MRGO in New Orleans. While reviewers would have 
been able to assess whether the Corps properly calculated the wetlands 
impact of the MRGO, they would not have been able to comment on the 
fact that the recommended plan would put New Orleans at risk by 
destroying wetlands vital for buffering storm surge and by creating a 
funneling effect that would intensify the storm surge. The Inhofe-Bond 
review also would not have allowed any comment on the appropriateness 
of proceeding with the MRGO in light of the increased danger to the 
city and the fact that traffic projections were vastly overstated.
  I think we can all agree that this example shows what can be at stake 
if we don't allow reviewers some flexibility to bring up important 
issues. This isn't the only example of where the Inhofe-Bond amendment 
falls short, but I will try to say more about that later. This is a 
timely and very serious example of the dramatic difference between the 
amendment that Senator McCain and I have offered and the, frankly, 
inadequate amendment that is offered as an alternative.
  I retain the remainder of my time.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Oklahoma.
  Mr. INHOFE. Madam President, first, let me make a couple of 
observations. I think in the discussions we have had so far, there are 
a lot of things we agree on. We agree that we need to change the system 
we have right now. I don't really take issue with some of the things 
that the Senator from Arizona and the Senator from Wisconsin have said 
about existing problems with the way that the Corps of Engineers has 
been working. I recognize also that the Senator from Wisconsin agrees 
that the underlying substitute amendment does include some provisions 
to require peer review, specifically for Corps of Engineers studies. 
The Inhofe-Bond amendment gives additional detail and clarity to that 
requirement as well as the Feingold-McCain amendment gives additional 
detail and clarity to that amendment. So there are some areas where I 
think we are in agreement.
  Also, we are in agreement on the necessity of reauthorizing the Water 
Resources Development Act. It has not been addressed since the year 
2000.
  Our amendment ensures that peer review is integrated into the Corps 
study process. Most stakeholders agree that the current study process 
is already too long and further delays are not advisable. That is not a 
reason to ignore the critical role that peer review can play, but it is 
a reason to demand that peer review not be an end of the process 
addition or delay.
  Our amendment clarifies that peer review panels are to review the 
technical and scientific information that forms the basis of decisions, 
but the decisions themselves are a function of the Government. It is 
something the Government should be doing, not any independent peer 
review. Decisions regarding how best to meet our Nation's water 
resources needs all involve tradeoffs of some sort. No outside group or 
distinct subject matter experts can truly be considered experts at 
making those decisions.
  I am sure they would all have opinions, but everyone has opinions. 
Government officials, on the other hand, are specifically charged with 
making the decision. They have that responsibility. I believe that is 
one of the distinctions between the Inhofe-Bond amendment and the 
approach taken by Senators Feingold and McCain.
  Another aspect of the Inhofe-Bond amendment I would highlight is the 
detailing of which project studies at a minimum should undergo peer 
review. Independent reviews are required if the estimated total project 
cost is more than $100 million. I believe the Feingold-McCain approach 
is $40 million. We also say it has to be over $100 million and if the 
Secretary of the Army determines that the project is controversial. 
Independent reviews may be required if a Governor or head of a Federal 
agency requests the review.
  I know some of those opposed to this amendment have argued that these 
triggers are too lenient, but I don't believe that is the case.
  Of the 44 new or contingent authorizations included in the substitute 
amendment, 18 would have been subject to independent peer review based 
on the $100 million trigger alone. That is 40 percent of these projects 
based on just one of the four possible triggers. The other triggers 
would be in addition to this requirement of the minimum of $100 
million. I don't consider that lenient at all. The Inhofe-Bond 
amendment also incorporates a recommendation of the American Society of 
Civil Engineers to require independent review of technical and design 
specifications of certain projects critical to public safety beyond the 
study phase.
  Finally, I would like to address another baseless charge that has 
been made against this amendment: that these panels wouldn't really be 
independent because the chief of engineers is the official in charge of 
selecting the panels. The amendment is clear that the Corps must issue 
guidelines that are consistent with the Information Quality Act as 
implemented in OMB's revised bulletin from December 2004. This bulletin 
discusses in some detail requirements for reviewers, including 
expertise and balance of panels, lack of conflicts of interest, and 
independence.
  I have been a little concerned, after reading the Feingold-McCain 
amendment, as to just how this works. It is my understanding that it 
would--in my opinion and in the way I look at things--create another 
bureaucracy and another board that would be looking at these. I am not 
sure this is really going to be necessary. I do believe that we have 
tried to strike a balance. I believe we have done so. I am quite 
confident we can trust a three-star general to follow direct commands, 
especially those issued in law.
  As I have outlined, the Inhofe-Bond independent peer review amendment 
would ensure review of critical information by experts outside the 
Corps without creating unnecessary burdens and delays.
  As was stated before, we are going to first be voting at 2:30 on the 
Feingold-McCain amendment and then on the Inhofe-Bond amendment. I will 
be encouraging them to vote against the Feingold-McCain amendment and 
for our amendment. But having said that, I would like to say that we 
are in agreement. Sometimes you get into a discussion on these things 
and it sounds as if everyone is in disagreement. This isn't like a 
climate change debate. This isn't one where everybody gets all fired 
up. I know we are all trying to do the same thing. We know there is 
room for improvement in the way the Corps of Engineers operates. I have 
a few examples I could use. We have right now a problem in Oklahoma 
with one of the individuals who has not been doing a conscientious job. 
We can't get the Corps of Engineers to listen to us in terms of how 
this particular bureaucrat is abusive in his treatment of individuals.
  I think that we need to do something. Our underlying substitute 
amendment does something. I think probably either of these two 
amendments will take that one step further. There are areas where we 
agree.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
  Mr. FEINGOLD. Madam President, I am pleased to yield 12 minutes to 
one of our strong supporters and cosponsors of the amendment, the 
Senator from Delaware, Mr. Carper.
  The PRESIDING OFFICER. The Senator from Delaware is recognized.
  Mr. CARPER. Madam President, to my colleague and friend, Senator 
Feingold, I thank him very much for yielding, and I thank him even more 
for his leadership and that of Senator McCain in offering this 
amendment.
  Before I talk about the amendment, I want to also thank Senator 
Inhofe and our ranking member, Senator Jeffords, as well as Senators 
Bond and Baucus, for bringing this bill to the floor today. It has 
taken 6 long years and a huge amount of work on the part of them and 
their staffs and our staffs as we have prepared for this debate today.
  We are finally able to move this important legislation because of 
their dogged determination, really a collective determination and 
willingness to

[[Page 14912]]

work with all of us to address our States' respective needs, and an 
openness to debating possible reforms for the way we plan and 
prioritize water resource projects.
  This bill includes several provisions that are very important to my 
State of Delaware. I want to quickly highlight maybe two of those and 
talk about the importance of modernizing the Corps of Engineers.
  First, this bill preserves something called the St. Georges Bridge 
over the Chesapeake and Delaware Canal, the 14-mile canal that really 
connects the Delaware Bay to the Chesapeake Bay. It serves to divide 
Delaware in half. It takes up valuable space within my little State, 
disrupts our commerce and the movement of people and goods, and 
provides a shortcut for ships trying to get from the Delaware Bay to 
the Chesapeake Bay, and it helps to divert traffic away from my port, 
the Port of Wilmington. To say that I am not a great admirer of all 
that the C&D Canal does for my State would be an understatement. I have 
proposed, tongue-in-cheek, that we appropriate shovels to the people of 
Delaware so we can line up on either side of the C&D Canal and fill it 
in, and that we bring in plants and trees from other parts of the 
country to use up enormous quantities of water, and that we might plant 
them in the bed of the canal to soak up the water and then we can go 
across, like the children of Israel, on dry land. Well, none of that 
has happened, so we have to figure out how to get across the C&D Canal 
that disrupts commerce in my State.
  In return for the imposition of this canal, the Corps of Engineers 
has been obligated for three quarters of a century to provide 
sufficient access across that canal. Yet, in recent years, in spite of 
population growth that has stretched the capacity of the current 
bridges, the Corps has sought to reduce the number of bridges across 
the C&D Canal. Thanks to the support of the chairman and ranking 
member, that will not happen.
  The second important provision in this bill to our State is a late 
entry. A little over a year ago, some of you may recall that the Senate 
passed a bill by unanimous consent to rename our new bridge over the 
C&D Canal along State Route 1 for former U.S. Senator Bill Roth, my 
predecessor. Senator Roth served in the Senate for 30 years and in the 
House of Representatives for a time before that. I see Senator Bond 
here; he served with him for a number of those years. Bill Roth, for 
over a third of a century, served the people of Delaware admirably and 
with distinction in the House and later, for many years, in the Senate. 
He also worked hard to make sure about 15 years ago that this new 
bridge over the C&D Canal would be built.
  The bill to name the State Route 1 bridge at St. Georges for Senator 
Roth passed the Senate unanimously. It has been held up in the House 
for the past year. I appreciate Senator Inhofe's and Senator Jeffords' 
willingness to move it forward by agreeing to add it to the Water 
Resources Development Act. On behalf of our State and the Roth family, 
we express our deepest gratitude.
  I also rise today to voice my support for Senator Feingold's and 
Senator McCain's Corps independent review amendment. It is essential 
that we apply the lessons that we learned from Hurricane Katrina. This 
amendment seeks to do that, at least in part.
  This past April, I had the opportunity to tour both the devastation 
in New Orleans, as well as the wetlands that act as a buffer for that 
city. As a member of the Homeland Security and Governmental Affairs 
Committee, I have spent many hours hearing from experts about why the 
levees failed in New Orleans.
  One thing became inescapably clear: There were warnings that were not 
heeded. The McCain-Feingold amendment seeks to prevent that from 
happening again.
  The McCain-Feingold independent review amendment--which I have 
cosponsored--requires an independent panel of experts to be constituted 
to review projects that will cost greater than $40 million.
  That panel will be fully independent of the Corps and made up of 
anywhere from five to nine experts in engineering, hydrology, biology, 
and economics. This panel will be able to review every aspect of a 
proposed project, from the data and assumptions that went into the 
Corps' analysis into the actual design of the final project that is 
chosen.
  Having such a review of the New Orleans levee system likely would 
have drawn attention to the flaws in the Corps' design, including the 
facts that they failed to account for the natural subsidence of the 
city and that the flood walls were not properly anchored in the swampy 
southern Louisiana ground.
  We often talk about these proposals as ``Corps reform.'' But in a 
real sense, they are also congressional reforms. That is because the 
findings of the independent panels merely provide more information to 
us, the Congress. They are not binding. It will still be up to us in 
the Congress to decide how to proceed, and we will need to do a better 
job ourselves in the future. But we cannot be expected to make good 
decisions if we don't have good information.
  Moreover, in these days of tighter budgets, we are not going to be 
able to gather support of our constituents for big navigation projects 
that they fear will destroy wetlands that are needed for flood 
protection or for a flood control project that people don't believe 
will work.
  As the New Orleans Times-Picayune stated in a recent editorial:

       Taxpayers shouldn't have to wonder if there's a rational 
     basis for spending billions of dollars.

  I am reminded of something that LTG Carl Strock, who commands the 
Army Corps of Engineers, said:

       Words alone will not restore trust in the Corps.

  These amendments will provide some substantive change to back up the 
claim that we will never let what happened in New Orleans happen again.
  I urge my colleagues to support the McCain-Feingold independent 
review amendment. I am pleased to be among its cosponsors. I urge its 
adoption.
  I yield back my time.
  The PRESIDING OFFICER (Mr. Thune). Who yields time?
  Mr. BOND. Mr. President, I yield myself such time as I may consume.
  The PRESIDING OFFICER. The Senator from Missouri is recognized.
  Mr. BOND. Mr. President, we have had a lot of talk about all of the 
things that the Corps has done wrong and the problems in the past. I 
don't think anybody believes that there is not a need for reform, 
review, independent review by experts who can comment on and who can 
provide valuable input to the Corps. The Corps has learned a lot of 
lessons, and the Inhofe-Bond proposal creates a mechanism for improving 
technical quality of the projects that move forward, not an incubator 
for more lawsuits to delay needed projects.
  The Inhofe-Bond amendment would encourage independent review of 
technical information and science, not a review of policy decisions, 
which are appropriately made in the executive branch and by this body. 
We don't want to outsource our policy decisions to some other group, as 
the Feingold-McCain amendment would do. We want to continue an open, 
fair, and public review of recommendations, and not create a public 
review created by special interests designed to undo projects for 
reasons other than policy reasons.
  We support stabilizing, not destabilizing, Federal/ non-Federal 
interests in reliance on the Corps. We support Presidential oversight 
of independent review, not handing government functions over to some 
unelected commission.
  When you take a look at the past work of the Corps, you see that the 
Corps now currently provides 3 trillion gallons of water for use by 
local communities and businesses. The Corps manages a supply of one-
quarter of our Nation's hydropower. The Corps operates 463 lake 
recreation areas. The Corps moves 630 million tons of cargo valued at 
over $73 billion annually over the inland water system. It manages over 
12 million acres of land and water.
  The levees that have been properly constructed have prevented an 
estimated $76 billion in flood damage within the past 25 years, with an 
investment of one-seventh of that value.

[[Page 14913]]

These are the tremendous values that can be provided if we can pass 
this bill and if we can make sensible Corps reform, without providing 
major hindrances and roadblocks.
  I hope that the 80 Senators who joined with us in saying ``bring this 
bill to the floor'' will realize that there is such a thing as 
appropriate review and there is such a thing as unnecessary, late-stage 
second guessing, which can be extremely expensive and can delay the 
benefits that could come from the work of the Corps.
  The McCain-Feingold independent review amendment has a tremendous 
potential to delay project construction. They wait until the end of the 
process, and any mistakes found at the end of the process, as 
envisioned in the Feingold-McCain amendment, would necessitate a repeat 
of the study to correct the problems--beginning over again. Clearly, 
this would delay project construction and drive up costs.
  Under our proposal, since reviews are integrated into the process, 
any mistakes made or improvements suggested could be corrected and 
incorporated at the time. As I said earlier today, it is like waiting 
to test students in the eighth grade to see if they have first-grade 
reading capabilities. If a child cannot read at the first-grade level 
when he or she finishes the first grade, give them remediation then, 
help prepare them for the second grade; don't wait until they get to 
the eighth grade and say we just wasted 8 years of this child's 
education because they could not read at the first-grade level. This 
essentially--testing at the eighth grade level for first-grade 
compliance--is what the Feingold-McCain amendment would do.
  Let's be clear about it. We passed a bill 2 years ago that had all 
sorts of regulatory redtape and delays. This was opposed by the House, 
which could not agree on a conference with us. That is why we lost this 
bill. Putting in a batch of redtape and bureaucratic delays is going to 
make possible negotiations with the House extremely difficult and could 
lead to no bill being passed again.
  So the 2002 Water Resources Development Act that we are still trying 
to pass in 2006 would go into 2007 and 2008. The benefits that come 
from the authorized projects in this bill will be delayed. I want the 
80 Senators who want to see this bill passed--because they have 
projects that are important--to understand that the review that is 
necessary is being incorporated in the Inhofe-Bond amendment. It is 
being incorporated in a sensible timeframe, reviewing with 
representatives from the National Academy of Science, the American 
Society of Civil Engineers, and the Independent Research Council, as 
the project goes along.
  Everybody knows there needs to be review. The Corps has learned a lot 
of lessons from mistakes. We ought to learn from our mistakes. One of 
the mistakes we have made is to try to burden the process and make it 
so cumbersome it can't work.
  If you don't want to see the Corps providing water supply, protecting 
against floods and hurricanes, making sure we have the most efficient, 
economical, environmentally friendly, energy-friendly means of 
transportation, then support more bureaucracy, more redtape, and more 
delays.
  If, on the other hand, you want to see the Corps do the job and get 
the job done right, then I ask my colleagues to support the Inhofe-Bond 
amendment and let us get on about the business of protecting people 
from floods, from hurricanes, and making sure that our waterways 
continue to be an efficient energy-conserving means of transporting 
bulk commodities.
  I thank the Chair, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, I am pleased to yield 5 minutes to the 
Senator from California in support of our amendment.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, I thank Senator Feingold for his 
leadership. I also thank Senator McCain. They have two amendments 
before us, the next one coming shortly. I enthusiastically support this 
amendment. I think this one is very much a reform. I strongly oppose 
the other one. But I am not going to use my time now to talk about the 
second amendment because I do want to concentrate on what an important 
step forward this particular amendment is.
  The 2005 hurricane season taught us many valuable lessons--lessons 
that we will never forget because we saw them with our very own eyes. 
And one of the most important lessons is that major water resources 
projects and especially flood control projects must be carefully 
reviewed to be sure they will be effective.
  What a disaster it is for our taxpayers to spend millions and 
billions on these projects, only to learn that they were not designed 
well or they didn't meet the real threat that was posed by Mother 
Nature or that there was cronyism dealing with putting together the 
alternatives.
  I believe this amendment will put independent and expert eyes on the 
data, on the science, and on the engineering of our major public works 
projects. We need these independent and expert eyes because so much is 
at stake.
  I come from a State that has every kind of natural disaster 
imaginable. The people there are very good at pointing out what the 
problems are, and we have to be equally as good in responding to these 
needs and making sure we give them quality, that we give them the 
protection they deserve.
  In this amendment, we are giving the people what they deserve. When a 
review is triggered under this proposal, a panel of experts, of 
engineers and hydrologists to biologists and economists, must look at 
the underlying technical data and look at the project in its whole and 
make sure that the project will meet and achieve its goals.
  There is little point in expending hard-earned taxpayers' dollars 
unless we know it is being spent right. What this particular amendment 
does is bring in those outside experts to kind of give a seal of 
approval on what we are doing.
  Again, I don't go along with the next amendment, and I will be back 
to talk about that, but this amendment does what needs to be done. The 
panel will make recommendations to improve the project. This particular 
amendment is common sense, pure and simple.
  Complex and costly engineering projects deserve the additional 
scrutiny. Mistakes do happen. You know what. Mistakes will happen no 
matter how many panels we have, but the idea is to cut down on those 
mistakes. We are all human. We all make mistakes, but how much better 
is it to get a very seasoned pair of eyes to take a look at what we are 
doing.
  I believe this amendment will make these projects safer, and they 
will make them more effective.
  I support the Army Corps of Engineers' mission. When I first got into 
politics in local government, I worked very closely with the Corps on 
many flood control projects. We have had our arguments, we have had our 
debates, but over the years, we have managed to work well together. But 
there were moments during those debates when I knew I could benefit 
from outside experts, and that is what we are giving to the Congress 
and, therefore, to the American people. We are going to have additional 
scrutiny, and we are going to make sure that mistakes are rare.
  When we talk about mistakes, it is one thing to make a mistake on an 
issue that doesn't put lives at risk, but we are talking about the 
protection of life and limb for our people.
  I think this amendment will help the Corps do its job better. It will 
improve public faith in the work of the Corps because, frankly, after 
Katrina, many people are saying to me: Can we trust these public works 
projects, these flood control projects to really protect us?
  They have doubts, and they should have doubts, having seen what they 
saw.
  I, again, thank Senators Feingold and McCain for their leadership on 
this particular amendment, and I urge a ``yes'' vote. I know it is 
going to be a close vote, but I really do believe people listening to 
this debate will see

[[Page 14914]]

that all we are saying in support of this amendment is we are bringing 
in outside experts to keep an eye on taxpayers' dollars and keep an eye 
on these designs to make sure that when we fund a public works project, 
we have done everything in our power to make sure it is designed well, 
that it will be cost-effective, and it will be safe.
  Mr. LIEBERMAN. Mr. President, I rise to speak in support of the 
McCain-Feingold amendment on independent review. I do so because of the 
investigation that the Senate Homeland Security and Governmental 
Affairs Committee recently completed into the preparation for and 
response to Hurricane Katrina. In that investigation, Senator Collins 
and I and the rest of the committee learned a great deal about the 
inadequacy of the levee system that was supposed to protect New 
Orleans. And we were greatly aided by the work of the three different 
independent forensic investigations carried out by the State of 
Louisiana, the National Science Foundation, and by the Army Corps' own 
Interagency Performance Evaluation Task Force or IPET.
  The results of these reviews were truly shocking. In the words of the 
Army Corps' own IPET report, ``The System did not perform as a system: 
the hurricane protection in New Orleans and Southeast Louisiana was a 
system in name only.'' IPET found that the system was only as strong as 
its weakest links, and that there were many weak links. IPET found:
  That the materials and designs used in the levees were inadequate and 
failed faster than expected in fending off Katrina.
  That project designs failed to incorporate redundancy and measures to 
respond to a hurricane that was larger than expected. For instance, 
there was no shielding on the back of the flood walls to prevent their 
collapse if they were overtopped by the storm surge.
  That some parts of the system were not prepared to handle a category 
3 storm even though the Army Corps had been telling the city and the 
Nation for years that the system offered comprehensive category 3 level 
protection.
  That the floodwalls along the 17th Street and London Avenue Canals 
collapsed because of foundation failures caused by design and 
construction mistakes. Those walls collapsed well before the water 
reached the height the walls were designed to protect against, causing 
a major portion of the flooding in the city and the suffering at the 
Superdome and Convention Center. The Army Corps considered those 
floodwalls complete, ready to defend against a hurricane of Katrina's 
strength. Unfortunately, it took Katrina and the subsequent IPET report 
to learn that those floodwalls were not designed, built, or constructed 
to protect those who lived in nearby neighborhoods.
  And one of the most shocking discoveries, IPET found that, because of 
subsidence in the area, parts of the levee system were anywhere from 2 
to 3 feet below their design height. What was even more shocking was 
that the Army Corps was aware of the subsidence before Katrina but did 
nothing to address the obvious deficiency.
  Mr. President, I am on the Senate floor today because while it is 
enormously important that we have learned of these failures after 
Katrina, it is even more important that we learn of them before the 
next Katrina, before the next failure of a major flood control project. 
And that is what this amendment will do. It will require that major 
Corps projects, and especially flood control projects that protect 
people and property, be subject to the kind of independent oversight 
that has proven so beneficial in the aftermath of Katrina.
  Why did the citizens of Louisiana not know any of these problems 
before Katrina made landfall, and why did the Army Corps not feel 
compelled to fix the ones they knew about?
  How different the preparation for and response to the storm would 
have been had an independent review process like IPET been initiated 
before the Army Corps designed and constructed the levee system rather 
than after a storm like Katrina left it and the city it was supposed to 
protect in tatters.
  We have learned valuable lessons from Katrina, and one of those 
lessons is that we need an independent review process for our most 
critical projects before they are battle tested. We need assurances 
that what the Army Corps builds will function as planned. And 
unfortunately, we have also learned that we cannot count on the Army 
Corps of Engineers to do this themselves. These reviews need to be 
independent, conducted by 3 outside experts who can objectively 
evaluate what is being proposed, and in the case of major flood control 
projects, also how it is being designed and built.
  The Army Corps has already given us an effective model to do that--
IPET. This amendment, introduced by Senators McCain and Feingold, would 
create within the Army Corps a Director of Independent Review. The 
Director's job will be to establish a panel of distinguished experts to 
conduct a thorough review of the planning process for major projects, 
including engineering analyses, and to issue a report and make 
recommendations to the Army Corps. For major flood control projects, 
where lives are at stake, the Director would create an additional panel 
to review the detailed design and construction so that we do not find 
ourselves in another Katrina situation where we find, after the fact, 
that designs and construction were flawed.
  It is then up the Army Corps to implement those recommendations. The 
Army Corps will also be required to make the independent panel's report 
public so Congress and the American people will be aware of possible 
problems before the project is funded and before the public relies on 
the project for protection.
  The Homeland Security and Governmental Affairs Committee learned a 
great deal in our investigation into Hurricane Katrina, and we made 
some recommendations in our report to address what we found. One of 
those recommendations was to create an independent review process like 
IPET and the one established in this amendment to oversee the design 
and construction of critical flood control projects. These were joint, 
bipartisan recommendations, and I am pleased that the chairman of our 
committee, Senator Collins, is also joining as a cosponsor of this 
amendment.
  Catastrophes like Katrina will be repeated unless we learn from our 
mistake, and this amendment is a tremendous opportunity to do just 
that. We already have a model for the proposed solution in the 
independent forensic teams that were created after Katrina whose 
reports and recommendations have been applauded from all circles--the 
Army Corps, independent professional engineers, and local interests in 
New Orleans. But those efforts need to be in place before disaster 
strikes, and that is exactly what this amendment would do.
  I urge my colleagues to support this amendment.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, I wish to respond to a couple of 
arguments in the debate. How much time remains on our side?
  The PRESIDING OFFICER. There is 31 minutes remaining.
  Mr. FEINGOLD. I thank the Presiding Officer.
  I heard the comment from some of my colleagues on the other side 
offering the alternative amendment that somehow this independent peer 
review will create a bureaucracy. I find that a little ironic because 
to me the definition of ``bureaucracy'' is an agency, such as the Army 
Corps of Engineers, that has $68 billion in authorized projects that 
apparently would take 35 years to build if everything was done in a 
sort of rational manner. That is how long it would take. It is sort of 
the definition of a bureaucracy that has gone awry, where there are not 
priorities, where there isn't clarity, where there really isn't any 
sense of what is more important than something else or what situation 
is more dangerous than another situation, what is more threatening to 
people's lives than another situation.
  The notion that an independent peer review would not be binding, to 
have experts give us guidance as to what is

[[Page 14915]]

more important as opposed to what is less important to fix or change, 
to me, is the opposite of bureaucracy. It is bringing rationality and a 
good government approach to what is currently a very troubled and in-
need-of-reform bureaucracy.
  I certainly expected the other side would try to raise the notion 
that somehow our amendment, our new system of independent review, would 
lead to more litigation. Of course, that is a standard argument against 
everything, and sometimes it is true, but here it is not.
  The judicial deference provision makes it clear that the Corps must 
give serious consideration and review to an independent panel's 
findings. Unless that happens, independent review will just be another 
box to be checked off in project planning and will not result in better 
and safer projects.
  The Corps, unfortunately, has a history of ignoring independent panel 
recommendations, even when those panels have been hand picked by the 
Corps, and that is unacceptable.
  To ensure the independent review process is meaningful and produces 
real improvements for project planning, the amendment gives the 
recommendations of a panel equal deference with the Corps's 
recommendation in any judicial proceeding regarding the project in 
question if the Corps rejects the expert panel's finding without good 
cause.
  That is what it does, and that is all it does. It provides an 
alternative view that the Corps can consider, but there is the key 
point. The judicial deference provision clearly does not--does not--
create any new cause of action. It does not create a new basis for 
somebody to litigate. So it is false that somehow this creates the 
opportunity for new litigation. It does not even anticipate that 
projects subject to independent review will ever be involved in 
litigation at all. It simply notes that where there is judicial review 
of a project where the Corps did not follow an independent panel's 
findings, the Corps will need to explain that decision to the court.
  The Corps would then be given ample opportunity to demonstrate to the 
court that it has rejected an expert panel finding for a valid reason, 
good cause--not a difficult judicial standard to meet.
  If the Corps cannot do so, the court will give equal consideration to 
both the panel and the Corps's recommendations.
  So just as the argument that we are creating somehow a new 
bureaucracy is just the opposite of the fact, there is no basis, no 
validity whatsoever to the notion that this creates some new legal 
cause of action that didn't exist before.
  I have two more points with regard to independence. I have heard the 
manager of the bill and the Senator from Missouri indicate that they 
are for some kind of independent review and that their alternative 
provides for it. But, of course, it is only in the most narrow of 
circumstances, only in projects that are over $100 million. That is 
essentially wiping out independent review on almost every single 
project.
  Our view is this probably involves, maybe on average of less than one 
project a year that would receive that kind of independent review. We 
compromised to make sure that our figure would be acceptable to the 
body. We started with $25 million and went up as high as $41 million. 
But $100 million essentially makes a mockery of the whole idea of 
independent review because it would only apply in the most rare cases.
  Finally, of course, the argument is, apart from the notion that 
somehow this creates new litigation, which is not the case, somehow 
this will cause things to take longer in terms of approving projects 
and reviewing projects.
  That also is incorrect. The Senator from Missouri is incorrect about 
our amendment and the timing of review. To quote from page 8:

       Panels may be established as early in the planning process 
     as deemed appropriate by the director of independent review.

  So this whole idea that he indicated of somehow waiting until the 
eighth grade for somebody who needs help in the first grade--I heard 
that analogy--is not true. The Director has the power to do this 
whenever he deems this appropriate. He has that discretion. He has that 
flexibility, so it is not some kind of a locked-in delay at the end of 
the process review.
  I encourage my colleagues to read the text of the bill on each of 
these points which I think will bear out the validity of the arguments 
I made.
  Mr. President, I retain the remainder of my time.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. INHOFE. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. FEINGOLD. 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. FEINGOLD. Mr. President, I yield myself some additional time.
  When you have worked on an issue as long as I have worked on Corps 
reform, sometimes people don't always understand your intentions and 
maybe, in some cases, mischaracterize them.
  But I am astonished at the extent to which my opponents, those who 
like the status quo, those who benefit from the status quo, are saying 
about the Feingold-McCain-Lieberman-Carper-Jeffords-Collins Independent 
Peer Review Amendment. If I may, I would like to take this opportunity 
to clarify some of the myths I have heard and set the record straight.
  Myth No. 1: The Feingold-McCain independent peer review amendment 
will delay project construction.
  This just is not true. Our amendment will not delay projects. We 
agree, projects do take some time. That's why we were very sensitive to 
ensure that independent peer review of Army Corps feasibility studies 
overlays with the existing process. Furthermore, our amendment includes 
strict deadlines for the panel to report and, if they fail to report in 
the allotted time, the Chief of Engineers is directed to proceed with 
planning. In fact, the Inhofe-Bond amendment uses some of the same 
timing criteria.
  Independent review will ensure that communities will actually get the 
projects they are being told they will get. The independent review can 
start as early in the process as deemed appropriate, and for projects 
costing more than $40 million, must end within 90 days after the close 
of the public comment period.
  Under the most ideal circumstances the Corps takes 11 to 12 months 
from the close of the public comment period to the time it issues a 
Chief's report for a project. And under current law, the Corps must 
take into account all the public and agency comment submitted during 
the public comment period. For large and controversial projects the 
time from draft feasibility study to final Chief's report takes much 
longer. So the independent review of feasibility studies in our 
amendment, which balances the absolute need to allow for a thorough 
review with the need to move forward in a timely fashion, fits well 
within the current timelines and will not delay project planning. The 
Nation will get better projects under this amendment.
  Myth No. 2: The Feingold-McCain amendment will require reviews of too 
many projects.
  Mr. President, the $40 million review trigger in our amendment will, 
on average, subject about five projects a year to independent review. 
This is a highly valuable use of resources. And, I believe it will 
promote better and more efficient studies for Corps projects throughout 
all of the Corps' 38 domestic districts.
  Just this March, the GAO testified to the House Committee on 
Government Reform that:

       GAO's recent reviews of four Corps civil works projects and 
     actions found that the planning studies conducted by the 
     Corps . . . were fraught with errors, mistakes, and 
     miscalculations, and used invalid assumptions and outdated 
     data.

  GAO went on to note that the planning studies:


[[Page 14916]]

       did not provide a reasonable basis for decision-making.

  Later in its report, GAO even says:

       The Corps' track record for providing reliable information 
     that can be used by decision makers . . . is spotty, at best.

  This is simply unacceptable for a Federal agency and it should get 
the attention of every Member of this body.
  Given the Corps' track record, we really should be requiring reviews 
of all studies until the agency improves its record. The $40 million 
trigger, however, is a reasonable and appropriate compromise that will 
sweep in the largest and costliest Corps projects. The other triggers 
will ensure that any less costly projects that could be very 
problematic do not fall through the cracks in the study process. We 
must be able to rely on the integrity of Corps project studies and 
their recommendations to Congress. And unfortunately, right now we 
cannot.
  Myth No. 3: The Feingold-McCain amendment will increase project 
costs.
  Independenter peer review is a critical taxpayer investment. The 
country cannot afford to have costly mistakes like the levee failures 
in the aftermath of Katrina. The Corps, the American Society of Civil 
Engineers, the National Academy of Sciences have all said that faulty 
design and construction by the Corps resulted in the levee failures. We 
cannot afford any more examples like what we saw in New Orleans. We 
also cannot afford to build projects based on economic or engineering 
errors. We have tight water resource budgets, thus we must spend every 
dime wisely and judiciously. I believe, and my cosponsors agree, 
independent peer review will help us do that.
  Myth No. 4: The Feingold-McCain amendment will open the door to more 
litigation.
  The Corps must give serious consideration and review to an 
independent peer review panel's findings. Without that hook, the 
concept is useless. We do not want independent review to be just 
another box to be checked off in project planning, for I think we can 
all agree that doing so will not yield better or safer projects. The 
Corps unfortunately has a history of ignoring independent panel 
recommendations, even when those panels have been hand picked by the 
Corps. This can happen no longer.
  To ensure that the independent review process is meaningful and 
produces real improvements to project planning, the amendment gives the 
recommendations of an independent peer review panel equal deference 
with the Corps' recommendations in any judicial proceeding regarding 
the project in question if the Corps rejects the expert panel's 
findings without good cause.
  The judicial deference provision clearly does not create any new 
cause of action, and it does not even anticipate that projects subject 
to independent review will ever be involved in litigation at all. It 
simply notes that where there is judicial review of a project where the 
Corps did not follow an independent panel's findings, the Corps will 
need to explain that decision to the court. The Corps would then be 
given ample opportunity to demonstrate to the court that it has 
rejected an expert panel's findings for a valid reason. If the Corps 
cannot do so, the court will give equal consideration to both the 
panel's and the Corps' recommendations.
  Myth No. 5: The Feingold-McCain independent peer review will apply to 
all projects, even those that are already authorized.
  The independent peer review of Corps studies applies to projects as 
they enter the feasibility stage, not after authorization, at which 
point the Chief's report is already complete. However, my amendment 
will ensure that flood control projects whose failure could endanger 
people and communities will be properly designed and constructed with 
adequate review. If such a project is in the post authorization design 
phase or construction phase it will receive the benefit of the safety 
assurance review required by the amendment. This comes directly from 
the recommendations of the Senate Homeland Security Committee's Katrina 
report, and I am sure my colleagues will agree that we need to make 
sure key flood control projects are designed and built properly.
  Myth No. 6: The Feingold-McCain amendment will create a whole new 
layer of bureaucracy.
  The amendment does not create a bureaucracy; it establishes a 
workable system to address a very real problem--poorly planned and 
designed projects that put people at risk, unnecessarily damage the 
environment and waste taxpayer dollars.
  I would like to address one final myth, and that is that the Inhofe-
Bond amendment would create a system of true independent project 
review.
  Their amendment makes the Chief of Engineers the final arbiter of 
whether an independent review will happen at all. This is like puttingy 
the fox in charge of the henhouse. The Corps gets to select the 
reviewers, and there are no criteria at all for ensuring independence 
of those reviewers. Review is not independent if the Corps has control 
over whether, how, and who will review projects.
  As you can see, the naysayers want to keep saying no, but we need to 
move beyond this game and start implementing policy that has a real 
chance of improving a broken system, protecting lives and property, and 
restoring integrity to a Federal agency charged with providing the 
first line of defense against storms, charged with protecting and 
restoring some of our most precious natural resources and charged with 
providing efficient commerce.
  Let me say a bit about what editorials from across the country have 
said. It has been just an overwhelming response. They are from 
communities large and small, but they all have the same message: 
Congress must reform the Corps. I don't have every editorial ever 
written about a need for a change in the Corps. I do have a good 
number.
  I ask unanimous consent they be printed following my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. FEINGOLD. Let me ask again, how much time do I have remaining?
  The PRESIDING OFFICER. The Senator has 15\1/2\ minutes.
  Mr. FEINGOLD. In the Northeast, the New York Times and the Washington 
Post have been leaders in calling for reform. While some Members will 
jokingly say they don't read the New York Times or the Washington Post, 
maybe they have heard of some of the others--the Concord Monitor in New 
Hampshire, the Delaware News Journal, the Philadelphia Inquirer.
  Moving to the South, in Florida alone, a State with numerous Corps 
projects, including projects to help restore the Everglades, five 
papers have called for enactment of the reforms the Senator from 
Arizona and I are offering today. In addition, the Winston-Salem 
Journal, the Atlanta Journal and Constitution. Most importantly, in my 
regard, the New Orleans Times-Picayune has called not only for passage 
of our reform amendments but flatout rejection of the competing 
amendments that will be offered today.
  In the Midwest, where I hail from, the editorial boards for the 
Wisconsin State Journal, the Star Tribune in Minnesota, the Chicago 
Tribune, the St. Louis Post Dispatch. Let me repeat that: the St. Louis 
Post Dispatch has editorialized on the need for modernization of the 
Corps of Engineers.
  Those of us familiar with the players on this issue in the Senate 
will be interested to note that in fact the St. Louis Post Dispatch ran 
an editorial today, supporting the Feingold-McCain amendment.
  I ask unanimous consent that be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

           [From the St. Louis Post Dispatch, July 19, 2006]

                           Course Correction

       The U.S. Army Corps of Engineers is a force nearly as 
     inexorable as the mighty rivers it dams and dredges.
       From the moment it accepts an assignment, the Corps moves 
     slowly and relentlessly forward in its course. In many 
     circumstances, that can-do attitude is a positive attribute. 
     But when questions arise

[[Page 14917]]

     about whether a new Corps project will drain money from 
     other, more crucial projects, or whether a design is adequate 
     or cost-effective, the Corps has been slow to evaluate its 
     own decisions and glacial in course-correction. A governance 
     structure and an endless river of federal money have allowed 
     the Corps to avoid accountability.
       The high water mark of those wrong-headed policies came 
     last summer in the aftermath of Hurricane Katrina. The 
     strengthening of levees and flood walls around New Orleans 
     had been deferred for decades while money was spent on less 
     urgent needs, like planning new locks and dams along the 
     Upper Mississippi and Illinois rivers. When Katrina struck, 
     the levees broke and New Orleans was underwater.
       It's time for a more rational approach. It could start 
     today, when the U.S. Senate votes on a bill called the Water 
     Resources Development Act of 2006 (H.R. 2864), a version of 
     which the House passed last year.
       The bill's primary purpose is to authorize a slew of big 
     water projects with big price tags around the country. But it 
     also contains some much-needed reforms.
       Several are included in an amendment co-sponsored by Sens. 
     John McCain, R-Ariz., and Russ Feingold, D-Wis. Their 
     amendment would require that all Corps projects costing more 
     than $40 million be reviewed by independent experts. The bill 
     also would establish a transparent national system to set 
     priorities for Corps projects.
       Those are simple steps in the right direction.
       But a rival amendment has been sponsored by Sens. 
     Christopher ``Kit'' Bond, R-Mo., and James Inhofe, R-Okla., 
     long-time defenders of the Corps. The Bond-Inhofe amendment 
     also would require reviews and priority-setting. But reviews 
     would be done only on projects costing at least $100 million 
     a year; only two or three such projects a year fall into that 
     big bucket. Priorities would be set by a process that would 
     not be shared with the public, and Congress would have the 
     final sign-off.
       The effect would be to reinforce the old, flawed ways of 
     doing things, with the Corps' influential champions like Mr. 
     Bond overseeing the doling out of pork projects with 
     inadequate attention to weeding out the inefficient and 
     unrealistic. That approach wastes taxpayers' money.
       The Senate should chart a course to true reform by passing 
     amendments proposed by Sens. McCain and Feingold.

  Mr. FEINGOLD. Winston-Salem Journal:

       After Hurricane Katrina, to vote with Inhofe and Bond to 
     block reform of the Corps would be downright reckless.

  The Miami Herald:

       A bipartisan Senate proposal to overhaul the U.S. Army 
     Corps of Engineers deserves approval to eliminate some of 
     Congress' most nefarious pork-barrel spending and improve the 
     process that determines which projects are worthwhile.

  San Francisco Chronicle:

       This reform is not only about saving money, it's about 
     saving lives.

  The Commercial Appeal--Tennessee:

       At the very least, evaluations of proposed corps projects, 
     their environmental impact and especially their cost and 
     benefits, should be in independent and impartial hands.

  The Cleveland Plain Dealer:

       This singular study of failure no doubt will become a 
     standard reference work in engineering school libraries. It 
     should be cross-referenced, as well, to those who study 
     political science and philosophy, for between its lines it 
     reveals a government authority in which a region's trust was 
     misplaced, and a hubris in the face of the inevitable that 
     cost more than 1,200 lives and as-yet uncounted billions of 
     dollars in damage. Congress must read it, too, for it 
     describes flaws in corps management that demand fixing before 
     the next levee fails.

  I reserve the remainder of my time and I yield the floor.

                               Exhibit 1

                [From the Times-Picayune, July 16, 2006]

                        Counting on Corps Reform

       Louisiana urgently needs hurricane protection and coastal 
     restoration projects contained in the Water Resources 
     Development Act, and for that reason alone it's critical for 
     Congress to move on this long-delayed measure.
       But Louisiana's fortunes are also tied, for better or 
     worse, to the U.S. Army Corps of Engineers. Efforts to reform 
     the agency are critical for this state, which--after the 
     levee failures during Hurricane Katrina--could serve as the 
     poster child for the corps' shortcomings.
       Congress is four years overdue in adopting a new water 
     resources bill, in part because of disagreements over corps 
     reform. But the Senate is expected to vote on the measure 
     this week, and Sens. Mary Landrieu and David Vitter need to 
     do more than push for crucial Louisiana projects. They need 
     to push for changes that will make the corps a better, more 
     responsible agency in the future.
       The best chance for changing the way the corps operates is 
     through reforms sought by Sens. John McCain and Russ 
     Feingold. They're offering two amendments to the water 
     resources bill. One would establish independent review of 
     corps projects from planning and design to construction. The 
     other would require corps projects to be ranked in importance 
     based on three national priorities: flood and storm damage 
     reduction, navigation and environmental restoration.
       While the McCain-Feingold amendments won't fix everything 
     that's wrong with the corps, Louisiana stands to benefit from 
     both proposed changes.
       The catastrophic failure during Katrina of canal floodwalls 
     built by the corps is Exhibit A in the case for independent 
     review. If such a process had been in place, surely 
     subsidence wouldn't have been discounted when New Orleans' 
     levee system was being built, and research on soil strength 
     wouldn't have been ignored.
       Louisiana also should fare better under a system that uses 
     criteria other than political clout to decide which projects 
     should be done. The corps already has a $58 billion project 
     backlog--an amount that will grow by another $10 billion if 
     the water resources bill is adopted. That means competition 
     for the $2 billion per year that the corps gets for projects 
     is intense.
       Without a rational system for prioritizing that work, 
     there's no guarantee that Louisiana's critically needed flood 
     control project will prevail even over less-needed or 
     justified projects. While there's a danger that a Louisiana 
     project could be pushed aside in a priority-based system, 
     this state is helped by the fact that the McCain-Feingold 
     approach favors projects that reduce flood damage and restore 
     the environment.
       The effectiveness of the proposed changes will depend on 
     details. If an independent review panel isn't given adequate 
     time to evaluate a project, for example, the benefit of 
     oversight could be lost. Conversely, a cumbersome review 
     process could end up further delaying badly needed projects.
       But an independent review process that works, combined with 
     a ranking policy that makes sense, should result in a better-
     performing agency.
       Unfortunately, not everyone in Congress is interested in 
     changing the way the corps does business. The McCain-Feingold 
     amendments face opposition and a rival set of measures by the 
     main authors of the water resources bill, Sens. James Inhofe 
     and Kit Bond.
       What those senators offer as reform is meaningless, 
     however. The Inhofe-Bond review process would be controlled 
     by the corps and would only apply to projects that exceed 
     $100 million, compared to a $40 million threshold in the 
     McCain-Feingold measures. The Inhofe-Bond amendments also 
     call for prioritization, but their system would simply 
     measure projects against a set of national priorities without 
     actually ranking them.
       Sham reform won't do anything to restore confidence in the 
     corps, and Congress must do better. The public should be able 
     to rely on the agency that builds levees and dams to do work 
     that will stand up to independent scrutiny. Taxpayers 
     shouldn't have to wonder if there's a rational basis for 
     spending billions of dollars.
       And Louisianians should be able to believe that the corps, 
     which is rebuilding our levee system and restoring our 
     coastline, is a wiser, better managed and more reliable 
     agency than the one that failed us when Hurricane Katrina 
     came to town.
                                  ____


                [From the New York Times, July 19, 2006]

                      A Chance To Reform the Corps

       The Senate has a rare opportunity today to strike a blow 
     for both fiscal sanity and environmental stewardship. It will 
     consider several amendments that would bring a measure of 
     discipline and independent oversight to the Army Corps of 
     Engineers, a notoriously spendthrift agency with a history of 
     answering to no one except a few members of Congress who 
     control its purse strings.
       The reputation of the Corps is now at a low ebb because of 
     levee failures in New Orleans. But well before that debacle, 
     studies by the National Academy of Sciences and others had 
     found that the agency routinely inflated the economic payoffs 
     of its construction projects to justify steadily greater 
     budget outlays, while underestimating the environmental 
     damage of those projects.
       The amendments' main sponsors are the Senate's reformist 
     duo of John McCain and Russ Feingold. One amendment would 
     subject any project costing more than $40 million to an 
     independent review of the project's design, feasibility, cost 
     and environmental consequences. A second amendment would 
     require that projects be ranked in order of importance based 
     on established national priorities like flood control and 
     environmental restoration. This amendment is aimed less at 
     the Corps than its Congressional paymasters, who have 
     historically put their own local pork barrel projects ahead 
     of more urgent and generally accepted needs.
       The sponsors will try to attach these amendments to the 
     five-year $40 billion Water Resources Development bill, 
     itself overdue even though it includes several important 
     provisions. One authorizes $1.5 billion for key elements of 
     the Everglades restoration project, which has suffered from

[[Page 14918]]

     Congressional neglect. Another would jump-start a major 
     effort to reverse the erosion of coastal wetlands that has 
     left Louisiana vulnerable to flooding.
       A bill this size inevitably has the usual ration of local 
     pork. But some of this would now be subject to outside review 
     and possible rejection if the McCain-Feingold amendments 
     stick. As they should. These reforms made sense when first 
     offered in 2002. Post-Katrina, they are essential.
                                  ____


          [From the Battle Creek (MI) Enquirer, July 19, 2006]

           Amendment Would Reform Army Corps Project Funding

       The U.S. Senate this week is taking up legislation 
     regarding authorization of project funds for the U.S. Army 
     Corps of Engineers. It is a process that needs reform, and we 
     hope senators will approve a bipartisan proposal which would 
     ensure that national priorities--and not pork-barrel 
     spending--determine which projects the Corps undertakes.
       For years, members of Congress have pushed for Corps 
     projects beneficial to little but their own districts. The 
     trend has grown to the point where the corps now has an 
     estimated $70 billion in backlogged projects.
       Presidential budget plans have sought to eliminate such 
     pork, but it consistently has been reinserted by Congress.
       Now Sens. Russ Feingold, D-Wis., and John McCain, R-Ariz., 
     have introduced an amendment to the Water Resources 
     Development Act that would set up clear criteria to ensure 
     that projects carried out by the Corps reflect national 
     priorities as they relate to navigation, flood damage 
     reduction and ecosystem restoration. The Corps currently uses 
     a cost-benefits ratio to determine project priority, which 
     gives more weight to economic benefits--such as jobs in a 
     certain area--than to national needs, such as ensuring levees 
     can hold back flood waters and rivers remain navigable.
       The Feingold-McCain amendment would re-establish the Water 
     Resource Council and order it to provide Congress with a list 
     of which water-resources projects should get priority 
     funding. Under the amendment, any project costing more than 
     $40 million would be subject to an independent review. A 
     review also could be ordered if another federal agency 
     challenged the project or the secretary of the Army found the 
     project to be controversial.
       The proposed reforms would help eliminate wasteful projects 
     such as Alaska's infamous ``Bridge to Nowhere,'' which 
     carried a price tag of more than $200 million.
       The Feingold-McCain plan is competing with another proposal 
     by Sens. Kit Bond, R-Mo., and James Inhofe, R-Okla. But the 
     Bond-Inhofe plan would provide no ranking for Corps projects 
     and would give the Corps the power to deny a request for an 
     independent review--even if it came from a governor or the 
     leader of a federal agency.
       We think the Bond-Inhofe plan would do little to change the 
     status quo.
       The devastation of Hurricane Katrina illustrated the need 
     for the Corps of Engineers to carry out its vital mission 
     with more coordination and funding. With federal tax dollars 
     already being stretched, it is important that funds for the 
     Corps are directed to those projects that will produce the 
     greatest benefits for the nation--not for a single 
     congressional district.
       We hope senators agree.
                                  ____


                [From the Washington Post, June 7, 2006]

                      Katrinia's Unlearned Lessons

       Last week the U.S. Army Corps of Engineers admitted 
     responsibility for much of the destruction of New Orleans. It 
     was not true, as the Carps initially had claimed, that its 
     defenses failed because Congress had authorized only Category 
     3 protection, with the result that Hurricane Katrina 
     overtopped the city's floodwalls. Rather, Katrina was no 
     stronger than a Category 2 storm by the time it came ashore, 
     and many of the floodwalls let water in because they 
     collapsed, not because they weren't high enough. As the 
     Corps' own inquiry found, the agency committed numerous 
     mistakes of design: Its network of pumps, walls and levees 
     was ``a system in name only''; it failed to take into account 
     the gradual sinking of the local soil; it closed its ears 
     when people pointed out these problems. The result was a 
     national tragedy.
       You might think that the Corps' mea culpa would fuel 
     efforts to reform the agency. Sens. John McCain (R-Ariz.) and 
     Russell Feingold (D-Wis.) are pushing a measure that would do 
     just that, requiring that future Corps proposals be subject 
     to technical review by an independent agency. But the 
     stronger current in Congress goes in the opposite direction. 
     A measure urged by Louisiana senators and written by Sens. 
     James M. Inhofe (R-Okla.) and Christopher S. Bond (R-Mo.) 
     would loosen oversight of the Corps.Billions of dollars may 
     be spent in ways that ignore the most basic lessons from 
     Katrina.
       Congress has already passed laws with language directing 
     the Corps to design a new flood-protection plan for 
     Louisiana. The language encourages the construction of 
     Category 5 protections for the whole state, a project that 
     could cost tens of billions of dollars; it advertises its own 
     profligacy by laying down that the flood-protection plan 
     should be exempt from cost-benefit analysis. The new measure, 
     which is reportedly part of a revised version of a water 
     projects bill that will be unveiled shortly, would lower the 
     bar for congressional approval of whatever Louisiana defenses 
     the Corps sees fit to propose. Rather than requiring full 
     votes in both chambers of Congress, the Corps' plan could be 
     authorized by votes in two committees that tend to rubber-
     stamp such projects.
       In the wake of Katrina, this is almost beyond belief. The 
     Corps' admission of its own technical shortcomings points to 
     the need for tougher oversight, not less. And the New Orleans 
     disaster has illustrated the folly of building flood defenses 
     for vulnerable lowland: Some of the worst-hit areas would not 
     have been developed in the first place if the Corps hadn't 
     decided to build ``protections'' for them. Encouraging the 
     Army Corps of Engineers to build Category 5 defenses for all 
     of Louisiana, including parts that are sparsely populated for 
     good reason, would not merely cost billions that would be 
     better spent on defending urban areas. It would encourage 
     settlement of more flood-prone land and set the stage for the 
     next tragedy.
                                  ____


           [From the Wisconsin State Journal, June 28, 2006]

                   Protect Taxpayers From Boondoggles

       If the United States is to rein in the billions of dollars 
     misspent on pork-barrel projects each year, a top priority 
     should be reforming the way the Army Corps of Engineers does 
     business.
       That's why Congress should pass the Army Corps reforms 
     proposed by Sens. Russ Feingold, D-Wis., and John McCain, R-
     Ariz. The Feingold-McCain proposal would improve the public's 
     ability to make sure limited federal resources are spent on 
     cost-effective projects for flood control, navigation, 
     environmental protection and related goals, rather than on 
     boondoggles.
       At stake is how the Corps spends its $12-billion-a-year 
     budget, which includes nearly $5 billion for civil works 
     projects, from levees to canals to coastal restoration.
       Analyses of last year's hurricane disaster in New Orleans 
     helped to expose costly even deadly flaws in how the Corps 
     decides where to spend the public's money. For example, 
     before the flooding from Hurricane Katrina breached the levee 
     on the New Orleans Industrial Canal, the Corps had begun a 
     $748 million project at that exact spot.
       The project, however, was not flood control but rather a 
     new lock for the canal. The lock, favored by local 
     politicians, was supposed to accommodate barge traffic. Barge 
     traffic on the canal, however, was decreasing.
       The New Orleans experience highlighted the Corps' long 
     history of mutual back-scratching with members of Congress: 
     The Corps caters to pet projects, even if their costs far 
     outweigh the benefits, and Congress in return makes sure the 
     Corps gets a big fat budget all at the expense of fiscal 
     responsibility and long-term water resource strategy.
       The Feingold-McCain proposal would modernize the Corps' 
     cost-benefit analysis to make it more about project merit and 
     less about political influence. One provision would require 
     independent review of any project estimated to cost more than 
     $40 million, requested by a governor, determined to have 
     significant adverse impact, or judged by the secretary of the 
     Army to be controversial.
       Another provision would require a cabinet-level committee 
     to work with the secretary of the Army to annually establish 
     a list of water resource project priorities to give Congress 
     guidance.
       Wisconsin taxpayers would benefit if Congress limits the 
     influence of pork-barrel politics in the Army Corps of 
     Engineers. So would Corps projects affecting the state, from 
     the modernization of the Mississippi River's lock-and-dam 
     system to efforts to keep invasive species out of the Great 
     Lakes.
       The state's congressional delegation should support the 
     Feingold-McCain reforms.
                                  ____


             [From the Tallahassee Democrat, July 9, 2006]

         Get to the Corps--Florida Senators Should Back Reforms

       Sometimes great, unexpected tragedies such as Hurricane 
     Katrina are sobering enough to lead to badly needed 
     improvements in the way things are done.
       With luck and some wise voting by Florida's U.S. Sens. Bill 
     Nelson and Mel Martinez, this might be the case with an 
     urgently needed reformation of the Army Corps of Engineers 
     via the Water Resources Development Act now under 
     consideration.
       The Corps has long been famous for, above all, fulfilling 
     the aspirations of unenlightened politicians who are dying to 
     bring home the bacon to their districts, usually not for the 
     good of the taxpayers but for well-focused special interests. 
     The Corps is the nation's construction company for big water-
     management projects, but it has regrettably become known for 
     building wasteful, unnecessary, even destructive projects.
       Florida's long-ago Cross Florida Barge Canal, which was to 
     cut a 150-foot-wide swath across the upper neck of our 
     peninsula (from Palatka to Yankeetown), is a great example.
       It would have furthered the shipping industry's interests, 
     cutting off some 600 miles on

[[Page 14919]]

     a voyage around the state's southern tip. But it would have 
     destroyed so many vital aspects of Florida's precious 
     environment--groundwater resources, wildlife areas and other 
     ecosystems--that President Richard Nixon suspended work on it 
     in 1971, after millions had been invested and 25 ugly miles 
     of excavation (later filled in) had been completed.
       Less dramatic, but more current, has been the Corps' 
     dredging of the Apalachicola River, which had been listed as 
     the nation's ``most endangered'' rivers and one that feeds 
     directly into our Big Bend coastline.
       Last year, the Corps was forced to stop years of dredging 
     when the Florida Department of Environmental Protection 
     denied a request to continue operations for the sake of a few 
     commercial interests and even though there has been a sharp 
     decline in barge traffic in recent years. The river's no 
     longer on that endangered list, but it's so damaged that 
     restoring it--while considering the water needs of Florida, 
     Alabama and Georgia--is an almost untenable undertaking. The 
     dredging kept water out of thousands of acres of flood 
     plains, changing everything--largely for the worse--by 
     destroying natural habitats, allowing construction in areas 
     that never should have been built on, and restricting the 
     flow of that necessity of life, fresh water.


                       Put a lock on boondoggling

       Which leads us full circle back to Hurricane Katrina and 
     the Water Resources Development Act. The hurricane disaster 
     in New Orleans exposed fatal flaws in how the Corps spends 
     its $12 billion annual budget. It was spending $748 million 
     on a new lock for one of the canals whose levee was breached 
     by the hurricane, even though, once again, barge traffic was 
     decreasing. Local politicians had wanted the lock 
     nonetheless. After all, the nation's taxpayers would be 
     picking up the tab.
       The boondoggles will continue unless we get approval of 
     bipartisan reforms proposed by Sens. Russ Feingold, D-Wis., 
     and John McCain, R-Ariz., to modernize the cost-benefit 
     analysis of Corps' projects.
       Just now about $70 billion in backlogged projects are in 
     line, though none has been prioritized as being in the public 
     interest. The reforms would require what seems utterly 
     obvious: those promoting projects would have to demonstrate 
     that they were more about merit than political influence. 
     Really big ones--those costing more than $40 million, 
     requested by a governor, determined to have major and 
     detrimental impacts or otherwise enormously controversial--
     would have to go to an independent expert review panel. It 
     would make sure that the economics of a project, and the 
     science and engineering, all work to make sure limited 
     federal resources are spent on the most essential flood 
     control, environmental protection and navigation projects.
       We urge Mr. Nelson and Mr. Martinez to modernize and 
     restore integrity to the Army Corps of Engineers.
                                  ____


                 [From the Buffalo News, July 17, 2006]

Another Voice/Army Corps of Engineers: Major Reform Needed for Nation's 
                             Water Projects

                          (By Larry Schweiger)

       The U.S. Senate is set to decide in the next few days 
     whether to reform or concede to a fiscal outrage akin to the 
     infamous ``bridge to nowhere.'' Few taxpayers know about it, 
     though billions in public funds hang in the balance. The 
     Water Resources Development Act funds the Army Corps of 
     Engineers, the nation's chief flood protection builder, but 
     with a troubled history of promoting wasteful and unnecessary 
     projects.
       The water resources bill headed to the Senate floor this 
     week is a public scandal. It is fiscally out of control, 
     laden with lawmakers' pet projects that are often 
     economically unjustifiable and environmentally destructive. 
     The central decision senators will have to make in voting on 
     this legislation is whether to support basic reforms or 
     continue business as usual.
       The reforms would apply the lessons learned from Hurricane 
     Katrina by putting the public interest first and spending tax 
     dollars where they are needed most. While the bill includes 
     important projects, notably protecting New Orleans and 
     restoring coastal Louisiana and the Everglades, without 
     reform it will maintain a process where they may never be 
     funded.
       The current bill would add another $10 billion to $12 
     billion to an already estimated $58 billion in backlogged 
     projects. Essential projects will have to compete with 
     boondoggles and earmarks in that $70 billion mix. With the 
     Corps receiving about $2 billion per year for construction, 
     it would take 35 years to clear the existing backlog--none of 
     it prioritized in the public interest or subject to 
     independent peer review.
       Sens. Russ Feingold, D-Wis., and John McCain, D-Ariz., have 
     proposed reforms to fix these problems. Corps projects will 
     be prioritized based on clear standards that put the public 
     interest first. The Feingold-McCain measures also provide for 
     independent expert review of large or controversial projects, 
     ensuring that economic assumptions, science and engineering 
     stand up to outside scrutiny.
       But not everyone takes issue with the status quo. Sens. 
     James Inhofe, R-Okla., and Christopher Bond, R-Mo., have 
     proposed reforms to give the appearance of responding to 
     growing public unease over the Corps' performance in New 
     Orleans. For instance, the Corps could appoint its own 
     ``independent'' review panel, and deny others' requests for 
     independent reviews. The Inhofe-Bond approach also lacks 
     clear prioritization of Corps projects and will only 
     encourage the back scratching and cronyism that has long 
     plagued the system.
       Without prioritization reform, crucial projects will fall 
     through the cracks, while outrageous boondoggles gobble up 
     scarce federal funds. If the New Orleans tragedy taught 
     anything, it's that human safety is compromised when 
     professional standards and fundamental construction needs are 
     ignored.
       The receding floodwaters of Hurricane Katrina revealed 
     preventable devastation and the need to clean up a fiscal 
     mess. The Feingold-McCain reforms will restore integrity and 
     security in the wake of a Corps disaster. The Senate should 
     pass them.
                                  ____


               [From the Concord Monitor, July 17, 2006]

              Put a Stop to Corps of Engineers Boondoggles

       The U.S. Senate voted overwhelmingly last week to replace 
     FEMA, a federal agency whose name became inextricably linked 
     to failure in the days and months after Hurricane Katrina, 
     with a new agency. The Emergency Management Authority will 
     remain under the umbrella of the Department of Homeland 
     Security, but unlike FEMA, it will report to both Homeland 
     Security and to the president.
       The reshuffling may or may not solve the agency's many 
     problems, but it's a start. This week, however, the Senate 
     will turn its attention to the agency that bears the most 
     responsibility for the needless loss of life and property in 
     New Orleans, the Army Corps of Engineers.
       It was the Corps whose faulty design of the city's levee 
     system, whose refusal to heed decades-old warnings that the 
     levees would not hold and whose shoddy construction practices 
     caused the levees to collapse and drown the city.
       The disaster was a symptom of a much larger, longstanding 
     problem with the Corps. It is one of the biggest barrels of 
     pork in Washington, and no outside agency has oversight over 
     its planning and projects. It is answerable not to presidents 
     or secretaries of defense, but only to the members of 
     Congress who use the Corps to funnel money to their home 
     states.
       Tomorrow the Senate will take up the Water Resources and 
     Development Act passed earlier by the House. The measure 
     contains $12 billion worth of alleged flood control, water 
     resources and environmental protection projects. If it passes 
     in its current form, that sum will be added to the $58 
     billion list of previously approved Corps projects.
       That backlog is big enough, if nothing is ever added to it, 
     to keep the Corps digging and dredging for the next 40 years;
       Some Corps projects work beautifully, as the elaborate 
     flood control system it built in central New Hampshire a 
     half-century ago proved again this spring. But many are a 
     waste of money, and some do far more harm than good.
       The bad projects get built--often while worthy ones wait--
     because the priorities of the Corps are based not on need but 
     politics.
       To justify a project, the Corps need only show that its 
     public or private economic benefit will be more than its cost 
     to taxpayers. When, to please a congressional benefactor, the 
     Corps can't make the numbers add up, it cooks the books, 
     according to audits by the General Accounting Office and 
     others, The agency's priorities are so wrong that ``beach 
     rebuilding'' has become its fastest-growing activity. Many of 
     the beaches it spends million re-sanding are off limits to 
     the public.
       Sens. John McCain of Arizona, Russ Feingold of Wisconsin 
     and Joe Lieberman of Connecticut are trying to reform the 
     Corps by creating an independent agency to assess its 
     projects and rank them in the order of their priority. The 
     rankings would not be binding on the Corps, but they would be 
     made public so that taxpayers who pay for the projects would 
     know which are boondoggles and which are justified.
       To counter the attempt to bring some fiscal responsibility 
     to the process, Oklahoma Sen. James Inhofe has introduced a 
     rival amendment to keep the pork barrel open.
       New Hampshire benefits from Corps projects, and perhaps a 
     dozen are in the works. But Sens. Judd Gregg arid John Sununu 
     enjoy a reputation for frugality, fiscal responsibility and 
     abhorrence of waste. Their vote on the attempt to reform the 
     Corps will say a lot about whether that reputation is 
     deserved.

  The PRESIDING OFFICER. Who yields time? The Senator from Oklahoma is 
recognized.
  Mr. INHOFE. I ask unanimous consent the stacked votes now occur at 
2:45 and all other provisions of the agreement remain in place.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 14920]]


  Mr. INHOFE. Let me make a couple of comments. I appreciate that there 
is some division of editorial policy around the country. Different 
positions are taken. I would say this, though. Probably the most 
impressive thing we have added to the Record is from the National 
Waterways Alliance, which has been a very strong supporter, of course, 
of the bill, as are, I believe, most of us on both sides of this issue 
who do agree we want to have the WRDA bill. We haven't had a 
reauthorization since the year 2000.
  This organization says they want to accept the Inhofe-Bond amendment 
and reject the Feingold amendments. It is interesting. As the Senator 
mentioned some of the editorials, perhaps the St. Louis Dispatch would 
be of interest to my colleague, Senator Bond.
  This also has a number of groups from Wisconsin who are strongly in 
opposition to the Feingold-McCain amendment, such as the Wisconsin Corn 
Growers, the Wisconsin AgriServices of Brunswick, the Farm Bureau, and 
others.
  Sometimes you can evaluate something, an amendment, by who is in 
support of it. I think if you look at this, there are 288 groups. 
Virtually everyone who has any interest in using a waterway has said 
they strongly support the Inhofe-Bond amendment. It is such a varied 
and diverse group. All the Chambers of Commerce, the labor unions, they 
are all in there, including, of course, the U.S. Chamber, the Wisconsin 
groups, Agribusiness Association of Iowa, as I mentioned before, 
American Association of Port authorities, the American Farm Bureau 
Federation, American Shore and Beach Preservation Association, Arkansas 
Basin Development Association.
  That is an interesting one because as I sometimes remind my 
colleagues, people are not aware, maybe one of the best kept secrets 
having to do with this subject matter is that my home State of Oklahoma 
is a navigable State. Much of that is due to activities of my father-
in-law, who is deceased now. Glade R. Kirkpatrick is the one who 
introduced legislation to provide for the Arkansas Development 
Association, working with Senator McClellan from Arkansas, Senator 
Kerr, at that time from Oklahoma.
  I can remember 47 years ago, when I married my wife, the first thing 
my father-in-law did was take me with him for the dedication of the 
Port of Catoosa. Lyndon B. Johnson came out. I believe that was who 
came out to dedicate it.
  I remember also--I think my friend from Wisconsin will enjoy this--
many years ago when I was in the State senate, I was trying to draw 
attention to the fact that we have barge traffic coming into Oklahoma. 
I approached a group called the Submarine Veterans of World War II. 
They decided what they would like to do. I said we have to do something 
to show the people of America that we can take barge traffic up and 
down here. It was all done through the private sector. We went to 
Orange, TX, got a 300-foot-long submarine, the USS Batfish, and the 
idea was to bring it all the way up to my home town of Tulsa, OK. This 
was quite an undertaking. We had to put floatation on it to raise it 
up, then bring it down to get it under the bridges. Nobody thought it 
could be done. All of my political adversaries in the State of Oklahoma 
were saying we will sink Inhofe with this submarine. It is there, one 
of the most attractive tourist sites in the State of Oklahoma. Some 
publications had it coming across the Arkansas line into Oklahoma.
  I mention that, that is one of the many groups supporting this, the 
Arkansas Basin Development Association. Also the California Coastal 
Coalition, California Marine Affairs Navigation System, the Grain and 
Feed Associations of Illinois.
  There is a long list from Illinois; almost every agricultural 
organization up there is in support of the Inhofe-Bond amendment--the 
Illinois Chamber of Commerce, Illinois Corn Growers Association, the 
International Union of Operating Engineers. Everybody in Iowa is for 
this, too. The list goes on and on. It gets into some of the labor 
unions; in fact, almost all of them are in support of our amendment and 
opposed to the Feingold-McCain amendment, such as the Laborers' 
International Union of North America, the International Union of 
Operating Engineers, the United Brotherhood of Carpenters and Joiners, 
International Association of Bridge, Structural, Ornamental and 
Reinforcing Iron Works of America, Operative Plasterers & Cement Mason 
International Association, International Brotherhood of Teamsters, the 
International Brotherhood of Brickyard Layers and Allied Craftworkers. 
The list goes on. As I say, the total number is 288 organizations. I 
can't think of any user--even recreational groups--who are in support 
of this.
  I have to repeat this. I don't want it to be implied by the Senator 
from Wisconsin or the Senator from Arizona that I do not believe reform 
is necessary. I talked at earlier times on this floor about the 
problems we have had with the Corps of Engineers. Sometimes they have 
done good work. Sometimes the work has not been so good. They need to 
have more oversight. They need to have some kind of a system, which is 
built into the underlying amendment or the underlying legislation. It 
means, to enhance that, either the Inhofe-Bond amendment or the 
Feingold-McCain amendment would do that. I think that is a recognition 
that the main thing we want here is to pass the WRDA bill. It is long 
overdue. We have to do it.
  It is funny for me to stand up here as a conservative, having been 
the author of the transportation reauthorization bill, which was 
perhaps the largest nondefense spending bill in the history of this 
body, and now come along with this one, yet I still have my 100 percent 
rating with the American Conservative Union, I remind my friends.
  Nonetheless, this is important. As I say, we are now down to less 
than 50 minutes until we have a chance to vote.
  Several times they have talked about the Hurricane Katrina situation 
as the ultimate example for the Feingold-McCain amendment. As outlined 
in the draft final report of the Interagency Performance Evaluation 
Task Force issued on June 1, the Corps has made mistakes. We do not 
know why certain decisions were made during the design of the New 
Orleans levees, but in retrospect we know that they were the wrong 
decisions. Some or all of these mistakes may have been noticed by an 
independent peer review panel.
  It could have been a panel that would either be adopted under the 
Feingold-McCain amendment or the Inhofe-Bond amendment.
  I agree this unfortunate disaster is an example of the potential 
usefulness of peer review, but it is not a mandate for their particular 
amendment. At the time the New Orleans levees were being designed, 
independent peer review was not a requirement.
  I recall one case in particular. In 1976, the Corps had actually done 
a review of the levee problems that might arise in the future. So they 
were talking about enhancing the strength of the levee. However, there 
was an environmentalist group called Save The Wetlands that came along 
and enjoined them in court and kept them from doing this.
  Either review is something that would take care of problems like this 
that might come up in the future.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, continuing the debate, I appreciate the 
Senator mentioning my home State of Wisconsin. I think that is an 
opportunity to quote from one of the leading newspapers in our State, 
the Wisconsin State Journal. It in the past has not always agreed with 
me on this issue. But they have come down strongly this year, and I 
would like to read what they said.
  The title of the editorial is ``Protect taxpayers from boondoggles,'' 
and I am going to read it in its entirety.

       If the United States is to rein in the billions of dollars 
     misspent on pork-barrel projects each year, a top priority 
     should be reforming the way the Army Corps of Engineers does 
     business.

[[Page 14921]]

       That's why Congress should pass the Army Corps reforms 
     proposed by Senators Russ Feingold, D-Wis., and John McCain, 
     R-Ariz. The Feingold-McCain proposal would improve the 
     public's ability to make sure limited federal resources are 
     spent on cost-effective projects for flood control, 
     navigation, environmental protection and related goals, 
     rather than on boondoggles.
       At stake is how the Corps spends its $12-billion-a-year 
     budget, which includes nearly $5 billion for civil works 
     projects, from levees to canals to coastal restoration.
       Analyses of last year's hurricane disaster in New Orleans 
     helped to expose costly, even deadly flaws in how the Corps 
     decides where to spend the public's money. For example, 
     before the flooding from Hurricane Katrina breached the levee 
     on the New Orleans Industrial Canal, the Corps had begun a 
     $748 million project at that exact spot.
       The project, however, was not flood control but rather a 
     new lock for the canal. The lock, favored by local 
     politicians, was supposed to accommodate barge traffic. Barge 
     traffic on the canal, however, was decreasing.
       The New Orleans experience highlighted the Corps' long 
     history of mutual back-scratching with members of Congress: 
     The Corps caters to pet projects, even if their costs far 
     outweigh the benefits, and Congress in return makes sure the 
     Corps gets a big fat budget all at the expense of fiscal 
     responsibility and long-term water resource strategy.
       The Feingold-McCain proposal would modernize the Corps' 
     cost-benefit analysis to make it more about project merit and 
     less about political influence. One provision would require 
     independent review of any project estimated to cost more than 
     $40 million, requested by a governor, determined to have 
     significant adverse impact, or judged by the secretary of the 
     Army to be controversial.
       Another provision would require a cabinet-level committee 
     to work with the secretary of the Army to annually establish 
     a list of water source project priorities to give Congress 
     guidance.
       Wisconsin taxpayers would benefit if Congress limits the 
     influence of pork-barrel politics in the Army Corps of 
     Engineers. So would Corps projects affecting the state, from 
     the modernization of the Mississippi River's lock-and-dam 
     system to efforts to keep invasive species out of the Great 
     Lakes.
       The State's congressional delegation should support the 
     Feingold-McCain reforms.

  I could go on.
  There are more editorials coming online every day. These editorials 
are coming from States that have projects in this bill, projects that 
would be subject to the prioritization amendment, projects that would 
be subject to the independent peer review amendment. These editorials 
are coming from small States and large cities. Yet they still support 
reform. And I believe that is because any State that might be the non-
Federal cosponsor of a project should want these reforms to ensure that 
their investment is a wise one.
  As the Senator from Oklahoma mentioned some of the groups that 
support his position, let me also briefly touch on the amazing support 
for our independent review amendment. There are letters of support from 
all of the following groups and individuals: League of Conservation 
Voters; Taxpayers for Common Sense; American Rivers; National Taxpayers 
Union; National Wildlife Federation; Environmental Defense; the 
Coalition to Restore Coastal Louisiana; Association of State Floodplain 
Managers; Republicans for Environmental Protection; Defenders of 
Wildlife; Louisiana Wildlife Federation; Natural Resources Defense 
Council; Sierra Club; the Garden Club of America; Council for Citizens 
Against Government Waste; Earthjustice; the Tennessee Wildlife 
Resources Agency; the Isaak Walton League of America; World Wildlife 
Fund; Friends of the Earth; The John Muir Chapter of the Sierra Club; 
U.S. Public Interest Research Group; a letter from G. Paul Kemp, a 
professor at Louisiana State University and a member of the Louisiana 
Forensics Team investigating the Corps' engineering failures; more 
Great Lakes groups than I can describe here, including Great Lakes 
United, Alliance for the Great Lakes, Lake Erie Region Conservancy, the 
Ohio Environmental Council, Environment Michigan, and the Michigan 
Wildlife Conservancy; Columbia River Fisherman's Protective Union and 
Columbia Riverkeeper; Environment Maine; National Audubon Society; and 
finally, a letter that is signed by over 120 grassroots groups from 
across the country that supports our stand-alone bill, from which 
today's Feingold and McCain amendments come. The States represented on 
the letter are Alabama, Alaska, Arkansas, California, Connecticut, 
Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, 
Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, 
New York, North Carolina, Oklahoma, Ohio, Oregon, Pennsylvania, Rhode 
Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, 
Vermont, Washington, and, of course, Wisconsin.
  I ask unanimous consent that several of these letters be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                League of Conservation Voters,

                                    Washington, DC, July 17, 2006.
     Re Support Corps of Engineers modernization amendments to S. 
         728 (Water Resources Development Act), oppose sham 
         amendments.

     U.S. Senate,
     Washington, DC.
       Dear Senator: The League of Conservation Voters (LCV) is 
     the independent political voice for the environment. Each 
     year, LCV publishes the National Environmental Scorecard, 
     which details the voting records of Members of Congress on 
     environmental legislation. The Scorecard is distributed to 
     LCV members, concerned voters nationwide, and the press.
       LCV urges you to support amendments to S. 728, the Water 
     Resources Development Act, offered by Senators Feingold, 
     McCain, Carper, Lieberman, and Jeffords, and oppose 
     amendments offered by Senators Inhofe and Bond. The Feingold-
     McCain-Carper-Lieberman amendments will provide additional 
     transparency and accountability for the Army Corps of 
     Engineers, while the Inhofe-Bond amendments do little more 
     than codify current practices, which have failed to protect 
     the public and the environment. Hurricane Katrina offered a 
     stark example of these failures.
       Corps of Engineers projects have all too often been plagued 
     with inadequate or erroneous environmental or economic 
     studies. Recently, the American Society of Civil Engineers 
     called for mandatory independent peer review at all phases of 
     major Corps projects. The Feingold-McCain-Carper-Lieberman-
     Jeffords amendment ensures that studies for significant 
     projects receive an independent, peer-reviewed assessment. 
     This independent review is empowered to examine all aspects 
     of the Corps analysis it believes are flawed. By contrast, an 
     Inhofe-Bond amendment sharply limits which projects must 
     receive this review, fails to ensure independence, and 
     narrows the scope of that review.
       The Corps of Engineers has a multi-decade backlog of 
     authorized projects. In an era of limited resources, it is 
     more important than ever that funds are focused on those 
     projects that are most important to protecting public health 
     and the environment. The McCain-Feingold-Lieberman amendment 
     establishes an independent body that will determine criteria 
     for setting priorities, and then issue a prioritization 
     report to Congress. In contrast, the competing Inhofe-Bond 
     amendment skews the prioritization process toward particular 
     types of Corps projects, leaves the Corps to determine, in 
     vague terms, what the priorities should be, and provides 
     Congress with minimal information for decision-making.
       We urge you to support the amendments to WRDA which 
     increase accountability within the Corps of Engineers and to 
     oppose those amendments which do not provide real reform. The 
     LCV Political Advisory Committee will consider including 
     these votes in compiling LCV's 2006 Scorecard. If you need 
     more information, please call Tiernan Sittenfeld or Nat Mund 
     at my office at (202) 785-8683.
           Sincerely,
                                                   Gene Karpinski,
     President.
                                  ____

         American Rivers, Defenders of Wildlife, Earthjustice, 
           Environmental Defense, Friends of the Earth, National 
           Wildlife Federation, Republicans for Environmental 
           Protection, Sierra Club, U.S. Public Interest Research 
           Group,
                                                    July 17, 2006.
       Dear Senator: On behalf of our organizations and our 
     millions of members and supporters, we request your support 
     for the true Army Corps of Engineers modernization amendments 
     that will be offered to the Water Resources Development Act 
     when it comes to the floor. These amendments, offered by 
     Senators Feingold, McCain. Carper, Lieberman, and Jeffords, 
     pose our only meaningful chance of reforming this embattled 
     federal agency.
       Hurricane Katrina confirmed the high cost of the Corps' 
     flawed process for developing water projects. As such, our 
     organizations have made addressing the flaws exposed by 
     Katrina a top priority for the 109th Congress. Poorly 
     conceived and engineered flood control, and navigation 
     projects led to the destruction of coastal wetlands and 
     caused

[[Page 14922]]

     most of New Orleans' Katrina related flooding. Billions of 
     federal dollars flowed to low priority Corps projects while 
     acknowledged weaknesses in New Orleans levees went 
     unaddressed.
       To avoid repeating these preventable disasters, Congress 
     must require to independent peer review of costly, 
     controversial, and high risk projects. With a 30-year backlog 
     of authorized projects, Congress should also establish a 
     credible system for identifying projects that deserve 
     priority funding. If the Water Resources Development Act 
     comes to the floor, Senators Feingold, McCain, Carper, 
     Lieberman and Jeffords will introduce well-crafted amendments 
     to address these two endemic problems with the Corps.
       However, to undercut true reforms, competing amendments 
     developed by and for the Corps will be offered on the floor 
     by Senators Inhofe and Bond. The purpose of these amendments, 
     which do no more than codify existing Corps procedures that 
     have proved inadequate, is to give the appearance of reform 
     without the substance. We strongly urge you to reject these 
     distracting alternatives, which would prohibit review of how 
     models and tools are applied to a particular project; provide 
     only a snap shot assessment of design specifications, for 
     even the most critical projects; and give sole control over 
     peer review and prioritization ``evaluations'' to the Corps. 
     The Chief of Engineers, not an impartial officer or outside 
     body, would select project reviewers, decide which projects 
     should be reviewed, and recommend priority projects. It would 
     be absurd to vest this additional authority in the Corps in 
     light of the dramatic problems at the agency revealed by 
     Katrina and more than a decade of government and independent 
     studies.
       We urge you to oppose the amendments offered by Senators 
     Inhofe and Bond and VOTE YES on the common sense reforms that 
     will be offered by Senators Feingold, McCain, Carper, 
     Lieberman and Jeffords when WRDA is brought to the Senate 
     floor.
       Sincerely.
       Rebecca Wodder, President, American Rivers.
       Buck Parker, Executive Director, Earthjustice.
       Brent Blackwelder, President, Friends of the Earth.
       Martha Marks, President, Republicans for Environmental 
     Protection.
       Doug Phelps, Chairman, Board of Directors, U.S. Public 
     Interest Research Group.
       Roger Schlickeisen, President and CEO, Defenders of 
     Wildlife.
       Fred Krupp, President, Environmental Defense.
       Larry Schweiger, President and CEO, National Wildlife 
     Federation.
       Carl Pope, Executive Director, Sierra Club.
                                  ____

                                                     June 9, 2006.
     Hon. Carl Levin,
     U.S. Senate,
     Washington, DC.
       Dear Senator Levin: On behalf of the Michigan United 
     Conservation Clubs and the National Wildlife Federation, we 
     urge you to cosponsor the Independent Peer Review amendment 
     proposed by Senators Feingold and McCain, which will be 
     offered to the Water Resources Development Act when it comes 
     to the Senate floor for consideration. This provision would 
     address fundamental flaws with the Corps of Engineers and our 
     nation's water resources program that have been brought to 
     light by Hurricane Katrina. It would improve the health, 
     safety, and security of all Americans, while better 
     protecting the environment and the taxpayers.
       As a senior member of the Senate Homeland Security and 
     Government Affairs Committee, you have done due diligence for 
     both the residents of New Orleans and Americans nationwide 
     who watched in horror the days after Hurricane Katrina hit 
     that historical city. Your thorough investigation into all 
     facets of the many failures that befell New Orleans exposed 
     numerous flaws in the federal response system. One of the 
     most startling flaws, in our regard, is the mismanagement of 
     the U.S. Army Corps of Engineers.
       Unchecked engineering flaws, poorly planned water projects 
     like the Mississippi River Gulf Outlet that destroy natural 
     flood protection, and misplaced priorities can have 
     disastrous consequences, and not just in a vulnerable city 
     like New Orleans. Senator Levin, this is an historic moment 
     for our nation. We must do a better job of managing our water 
     resources.
       The amendments proposed by Senators Feingold and McCain 
     will steer the Corps in a new, more sustainable direction. 
     Recommendation 82 in your report called for independent peer 
     review task forces to be convened to oversee flood control 
     projects across the country. The Feingold-McCain Independent 
     Peer Review amendment will subject all costly and 
     controversial Corps projects to independent peer review. This 
     will provide an important check to ensure that projects 
     proposed by the Corps are based on sound science and 
     economics.
       We urge you to cosponsor this critically needed amendment 
     before WRDA is brought to the Senate floor.
       Sincerely,
     Andy Buchsbaum,
       Director, Great Lakes Natural Resource Center.
     Sam Washington,
       Executive Director, Michigan United Conservation Clubs.
                                  ____

                                           The Izaak Walton League


                                                   of America,

                                  Gaithersburg, MD, July 17, 2006.
       Dear Senator: The Izaak Walton League of America requests 
     that you oppose the current S. 728 Water Resources 
     Development Act when it comes to the Senate floor. A Water 
     Resources Development Act (WRDA) has not passed congress in 
     six years because of bad provisions and resistance to 
     necessary revisions that would safeguard the environment. 
     This legislation sets water policy for our nation and should 
     never be approved without due consideration to the 
     conservation of our water resources. Specifically, please 
     vote against any WRDA bill that contains the boondoggle 
     scheme to build new locks on the Upper Mississippi River. 
     This navigation expansion plan closely follows the Army Corps 
     of Engineers proposal for seven new locks that has been found 
     to be unjustified in multiple examinations by the National 
     Academy of Sciences. Furthermore, President Bush, the 
     Secretary of the Army for Civil Works and the Secretary of 
     Agriculture have all previously disputed the need for the new 
     locks.
       Rather than spending billions on un-needed construction 
     projects, the Leagile reminds you that the Mississippi River 
     corridor contains an ecosystem home to 260 fish species, more 
     than 300 varieties of birds, and serves as the migratory path 
     to 40 percent of North America's waterfowl. And the Army 
     Corps of Engineers itself has reported this ecosystem is 
     ``significantly altered, is currently degraded, and is 
     expected to get worse.'' There is no need for the new locks; 
     it is time for the Senate to instead discuss the critical 
     ecological restoration needs of the Mississippi River.
       We encourage you to support amendments to S. 728 offered by 
     Sen. Feingold and Sen. McCain.
       The Independent Peer Review amendment will require the 
     Corps to submit costly or controversial projects to be 
     reviewed by an independent panel of experts in science and 
     transportation. This amendment will ensure that Corps 
     projects are based on solid engineering, are technically and 
     environmentally sound, and are fiscally responsible.
       The Prioritization amendment will require an independent 
     panel to identify the top priority flood control, navigation, 
     and restoration projects for our country. The panel will 
     share their findings with Congress to guide funding 
     decisions.
       Our country's water resources are far too important to be 
     altered without complete review, and our federal funds are 
     far too scarce to be spent on unjustified new locks. Thank 
     you.
           Sincerely,
                                                   Bradley Redlin,
     Director, Agricultural Programs.
                                  ____

         Tennessee Wildlife Resources Agency, Ellington 
           Agricultural Center,
                                     Nashville, TN, July 17, 2006.
     Hon. Lamar Alexander,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Alexander: We are writing this letter in 
     support of the Feingold-McCain-Carper-Lieberman-Jeffords 
     sponsored amendment to the Water Resources Development Act 
     (WRDA) which is scheduled to be on the floor of the Senate 
     sometime the week of July 17, 2006. The proposed amendment 
     allows for the formation of a Water Resources Coordinating 
     Committee (WRCC) which will provide review and oversight to 
     water resources projects by the U.S. Army Corps of Engineers. 
     This interagency task force will prioritize Corps 'projects; 
     establish a transparent system of ongoing review; and issue 
     recommendations set upon strict timelines that will not delay 
     the planning process. The amendment provides WRCC review for 
     all projects exceeding $40 million; when a state Governor 
     requests it; when a federal agency finds the project will 
     have a significant adverse impact, or when the Secretary of 
     the Army determines that the project is controversial. We 
     urge you to support the Feingold-McCain-Carper-Lieberman-
     Jeffords amendment to the WRDA which ensures a meaningful, 
     independent review mechanism to review Corps projects.
       A competing amendment to the WRDA is being sponsored by 
     Senators Inhofe and Bond that imposes little change on how 
     the Corps does business. It continues to foster a system 
     without clear water resource priorities and allows the Corps 
     to ignore requests from federal agencies and state Governors. 
     Furthermore, reviews will only cover scientific, engineering 
     or technical bases of the decision or recommendation, but not 
     recommendations resulting from the data. Environmental 
     reviews accompanying a feasibility study would not be subject 
     to the overall review. Review will be one-time instead of 
     ongoing during the life of each Corps project, and will not 
     be independent; allowing the Corps Chief of Engineers to 
     select the review panel. Only projects exceeding $100 million 
     will be subject to mandatory review, allowing the Corps 
     discretion to avoid review for

[[Page 14923]]

     most projects. We urge you to vote to defeat the Inhofe-Bond 
     amendment which allows the Corps to continue to ignore 
     priorities for politics.
       The current lack of clear water resources priorities is 
     damaging the nation's economic development, transportation 
     systems, and ability to protect its citizens and property 
     from flooding and natural disasters. The Feingold-McCain-
     Carper-Lieberman-Jeffords amendment moves the nation toward a 
     transparent system that establishes water resource priorities 
     through independent, external peer review. The review system 
     proposed by this amendment ensures that Congress has the 
     information it needs to direct limited federal resources to 
     meet the nation's most urgent needs.
           Sincerely,
                                                    Tim Churchill,
                              Tennessee Wildlife Resources Agency.

  Mr. FEINGOLD. Mr. President, the need for change could not be more 
clear, and I hope that today the Senate will adopt the Feingold-McCain-
Carper-Lieberman-Jeffords-Collins independent peer review amendment and 
reject the Inhofe-Bond counter amendment.
  I reserve the remainder of my time. I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. INHOFE. Mr. President, we have several times addressed both sides 
of the agreement we have in terms of how Katrina would have been 
affected with the various different types of approaches of peer review. 
I was approached by the junior Senator from Louisiana who said that in 
Louisiana they are very strongly in support of the Inhofe-Bond 
amendment. He says those in support are the City of New Orleans, 
Jefferson Parish, St. Tammany Parish, the State of Louisiana, the 
Terrebonne Levee and Conservation District, and the Red River Valley 
Association.
  I yield as much time to the Senator from South Dakota as he desires.
  The PRESIDING OFFICER. The Senator from South Dakota is recognized.
  Mr. THUNE. Mr. President, I thank the chairman.
  I congratulate the chairman of the committee and Senator Jeffords and 
Senator Bond and others who have worked so hard to get this measure to 
the floor.
  Congress is long overdue in reauthorizing this important measure. As 
a member of the Environment and Public Works Committee, I am pleased to 
be part of efforts to improve the functionality of the Army Corps of 
Engineers.
  While my home State of South Dakota doesn't have any new specific 
projects in this bill, I appreciate the hard work that has been put in 
on the part of Chairman Inhofe, Subcommittee Chairman Bond, and 
Senators Jeffords and Boxer in getting this long overdue legislation to 
the floor for consideration and hopefully a favorable vote.
  I express my appreciation to the bill managers for their willingness 
to extend the provisions having to do with the Missouri River 
Restoration Act that was authorized in the 2000 Water Resources 
Development Act bill.
  This particular provision will allow the State of South Dakota to 
move forward with a task force report from State, tribal, and Federal 
entities concerning siltation, erosion, and the status of Native 
American historical and cultural sites along the Missouri River.
  My colleagues will be interested to know that my home State of South 
Dakota has four dams along the Missouri River which resulted in the 
flooding of hundreds of thousands of acres of State, tribal, and 
private lands. This particular provision will assist in addressing some 
of the consequences of the construction of those dams.
  Additionally, I appreciate the inclusion of clarifying language in 
section 5010 that will assist the U.S. Treasury in managing the assets 
within the Habitat Restoration Trust Fund for the Cheyenne River Sioux 
Tribe and the Lower Brule Sioux Tribe that was created in the 1999 WRDA 
bill. These trust funds are close to being fully capitalized and will 
greatly assist mitigation of the terrestrial impacts that resulted with 
the construction of the Oahe and Sharpe reservoirs. This language was 
requested by the U.S. Treasury and will assure the trust fund's assets 
are properly invested.
  I also would highlight that the Governor of South Dakota is very 
supportive of a provision I advocated in section 3126 which ensures 
that Missouri River recovery funds are available to upper basin 
States--States including Montana, North Dakota, and South Dakota--that 
would be covered by that provision.
  While there have been some previous disagreements among the upper 
basin States and lower basin States regarding the management of the 
Missouri River, I am pleased to see that section 5008 has been included 
to allow all the stakeholders along the Missouri River to work together 
in laying out what needs to be done to address long-term recovery and 
mitigation activities.
  I rise today to again congratulate and give due credit to the 
leadership of Environment and Public Works Committee on both sides of 
the aisle, and our leadership here in the Senate in getting this 
legislation to the floor.
  This is a bill, as I said, which I had some experience working on as 
a Member of the House of Representatives back in 2004. It is something 
that we reauthorize on a fairly regular basis. But this one in 
particular is long overdue.
  There are many needs that have been raised for why we need a 
reauthorization of the Water Resources Development Act, and I also add 
in terms of the direct benefits to South Dakota and our issues with 
regard to the Missouri River which are many and have been going on for 
a very long time.
  I also add that the agricultural groups in South Dakota have all 
weighed in in favor of getting this bill to the floor, voted on and on 
the President's desk because of the important projects that are 
included that will make it more possible for them to get their 
agricultural products to the marketplace.
  It is widely supported by a lot of groups in my State--agricultural 
groups, the Governor of South Dakota, and obviously the tribes of South 
Dakota, who have been impacted as well when the Missouri River was 
dammed up and lands were taken to help in flood control issues 
downstream. There have been ongoing disputes over the years with 
respect to this river and how it is managed by the Corps of Engineers.
  This bill moves us a long way toward addressing some of those issues 
and making sure that we have good policies and a good process in place 
for the needs of the States that are impacted by the Missouri River--my 
State right down the center--which, as I said, has provided a number of 
benefits, construction of the dams and the area of recreation but also 
has created a number of challenges for landowners, and for many of the 
benefits that were promised when the dams were put in. People in my 
State don't believe they have been fully realized. It seems we have 
been fighting ever since between the up- and downstream States over 
getting policies in place that will effectively manage in a fair way 
the Missouri River.
  The WRDA bill doesn't address all those legal issues, but it 
certainly does address many of the ongoing challenges we face in making 
sure that the Missouri River is a river that provides for all the 
various users.
  There are many stakeholders, as I mentioned earlier, who have a 
vested interest in seeing this bill get passed. I am pleased today to 
be able to rise in support, and I urge us to get a vote on it, pass it, 
and get it on the President's desk and signed into law so this long 
overdue legislation can be put into effect and begin to provide the 
benefits and the intended results for those who have been waiting for 
its passage.
  I yield my time to the chairman of the Environment and Public Works 
Committee, and again give him due credit for getting this bill to the 
floor today. I hope we get a very favorable vote.
  Mr. INHOFE. Mr. President, I thank the Senator from South Dakota. He 
has been a huge help on the committee. He is always very active.
  I agree with him, the WRDA bill has been pretty heavy lifting. We 
were both around in 2004 when we had our last reauthorization. It was 
not an easy accomplishment. It was one that was almost the magnitude of 
the Transportation reauthorization bill.

[[Page 14924]]

  We have these amendments, and we are coming down to the wire where we 
are going to be able to see final passage before too long. I thank my 
friend from South Dakota for all of his help.
  I yield the floor.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent the time be 
equally divided during the quorum.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FEINGOLD. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. INHOFE. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. I ask unanimous consent Senators Cornyn and Hutchison 
both be added as cosponsors to the Inhofe-Bond amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. FEINGOLD. 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. FEINGOLD. Mr. President, I yield 3 minutes to the Senator from 
Iowa. He is going to speak as in morning business, but I understand it 
will be charged against my time.
  The PRESIDING OFFICER. Without objection, the Senator is recognized 
for 3 minutes.
  (The remarks of Mr. Harkin and Mr. McCain are printed in today's 
Record under ``Morning Business.'')
  The PRESIDING OFFICER. Who yields time?
  The Senator from Arizona.
  Mr. McCAIN. Mr. President, while we have a minute or two here, the 
Senator from Oklahoma and I have agreed--and I hope the Senator from 
Vermont would agree--that on the next amendment we could get it 
dispensed with pretty quickly. We do not intend to propose the other 
two amendments which we had pending. So as far as the Senator from 
Wisconsin and I are concerned, we would only have one additional 
amendment, and if it is agreeable to the managers of the bill, that 
would be for an hour equally divided.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. INHOFE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. INHOFE. Mr. President, I yield 5 minutes to the junior Senator 
from Florida.
  The PRESIDING OFFICER. The Senator from Florida is recognized for 5 
minutes.
  Mr. MARTINEZ. Mr. President, I rise today to offer my strong support 
for S. 728, the Water Resources Development Act. This is truly a 
momentous and important day for Florida. My State is home to beautiful 
beaches, coastal estuaries, numerous ports, and the Everglades. No 
piece of legislation moving through Congress could have as much lasting 
improvement on Florida's fragile ecosystem as the WRDA bill.
  I express my sincere thanks to the EPW chairman, Senator Jim Inhofe, 
and Senator Bond for their diligent leadership in crafting this 
legislation. I also thank Majority Leader Frist and Senators Reid and 
Jeffords for reaching time agreements and allowing this historic 
legislation to come to the floor. So often the media depicts Congress 
in such an acrimonious light, and I believe this bill is a testament to 
the fact that bipartisanship still exists in the Senate and that we can 
also roll up our sleeves and act for the betterment of our Nation.
  For too long in our Nation's past, the Federal Government's water 
resources policies seemed to be in conflict with nature. In the not-so-
distant past, the Corps and even the elected congressional and State 
leadership of Florida was determined to drain the Everglades. One of 
our most colorful former Governors, Napoleon Bonaparte Broward, 
famously proclaimed: ``Water will run downhill!'' At that time, 
draining and improving ``useless swampland'' was the epitome of true 
conservation because opening the wetlands and marshes of Florida to 
farming and development was considered a better use of land because it 
could feed and employ people. The idea that places should be protected 
for their intrinsic beauty and public enjoyment was a foreign concept. 
Fortunately for our Nation and Florida, the idea of conservation and 
restoration has an entirely different and more sophisticated meaning 
today than it did in years past.
  In 2000, Congress authorized the landmark Comprehensive Everglades 
Restoration Plan to repair and restore the natural sheet flow of water 
across the Everglades National Park into Florida Bay. CERP projects 
will capture and store a great deal of the nearly 1.7 billion gallons 
of fresh water a day which are currently released into the Atlantic 
Ocean and Gulf of Mexico. This water will be restored in above- and 
underground reservoirs. And when needed, it will be directed to the 
wetlands, lakes, rivers, and estuaries of south Florida--providing 
abundant, clean, fresh water, while also ensuring future urban and 
agricultural water supplies.
  This incredible undertaking is the largest environmental restoration 
project in the world. I am proud to say the State of Florida has made 
an historic and prolific financial investment of over $3 billion to 
honor its commitment to the Everglades restoration. And now, with the 
expected passage of WRDA, new major CERP projects such as the Indian 
River Lagoon and the Picayune Strand will finally be federally 
authorized so this important restoration effort can start to take 
shape.
  The Indian River Lagoon's South Restoration Project in WRDA is 
critical to the success of CERP and returning the Saint Lucie estuary 
to a healthy status. Approximately 2,200 species have been identified 
in the lagoon system, with 35 of these species listed as threatened or 
endangered.
  Implementation of the South Restoration Project will feature more 
than 12,000 acres of aboveground water reservoirs; 9,000 acres of 
manmade wetlands; and 90,000 acres of natural storage and water quality 
areas, including 53,000 acres of restored wetlands. We will also be 
pleased to restore a great deal of the Saint Lucie River, with a 
corresponding restoration of 2,600 acres of habitat.
  Another very important Everglades restoration project included in 
WRDA is the authorization of the Picayune Strand project. This area was 
originally planned as the largest subdivision in the United States 
called Golden Gate Estates. In the early 1960s, the Gulf American 
Corporation dredged 48 miles of canals, built over 290 miles of roads, 
and sold thousands of lots before going bankrupt. At that time, there 
were no Federal or State laws setting drainage standards. So now today 
we will be moving that area back into somewhat of its natural state and 
natural habitat, and it will join with the Big Cypress National 
Preserve and the 10,000 Islands National Wildlife Refuge. It will also 
provide additional grounds for the Florida Panther Wildlife Refuge.
  These are great things for our State. They are great things for 
restoring back to a lot of its original beauty Florida's ecosystem; not 
just the beauty but also the functionality of providing for wetlands as 
a renourishment of Florida's aquifer, which also is so important to 
maintaining the urban lifestyle of south Florida.
  The need to pass a comprehensive water resources bill in Florida is 
overwhelming. Florida will benefit tremendously from it. I want to use 
this opportunity to thank Chairman Inhofe and Senator Bond for 
including these vital restoration and economic development projects in 
WRDA. This legislation is long overdue. It is time for us to pass S. 
728. I urge my colleagues to

[[Page 14925]]

support final passage of this very important piece of legislation to 
Florida.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator's time has expired.
  The Senator from Wisconsin has 30 seconds remaining. All other time 
has expired.
  Who yields time?
  The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, the amendment cosponsored by Senators 
McCain, Carper, Lieberman, Jeffords and Collins will ensure independent 
review of Army Corps projects that are costly, controversial or 
critical to public safety. The amendment responds to over 10 years of 
studies, including analysis of the Katrina disaster, documenting 
serious problems with planning and design of Army Corps projects. We 
owe it to the people of New Orleans, and to all of our constituents, to 
ensure close scrutiny of critical flood control projects, as 
recommended by the Homeland Security Committee. That is what our 
amendment does.
  Despite any outcome on my amendment, I urge my colleagues to vote 
``nay'' on the Inhofe-Bond amendment which maintains the unacceptable 
status quo.
  The PRESIDING OFFICER. All time having expired, the question is on 
agreeing to amendment No. 4681, as modified.
  Mr. FEINGOLD. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  The result was announced--yeas 54, nays 46, as follows:

                      [Rollcall Vote No. 208 Leg.]

                                YEAS--54

     Akaka
     Alexander
     Allard
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brownback
     Byrd
     Cantwell
     Carper
     Chafee
     Clinton
     Coburn
     Collins
     DeMint
     DeWine
     Dodd
     Durbin
     Ensign
     Feingold
     Feinstein
     Graham
     Gregg
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     McCain
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Obama
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Sununu
     Voinovich
     Wyden

                                NAYS--46

     Allen
     Bennett
     Bond
     Bunning
     Burns
     Burr
     Chambliss
     Cochran
     Coleman
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     Dole
     Domenici
     Dorgan
     Enzi
     Frist
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Nelson (NE)
     Pryor
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Specter
     Stevens
     Talent
     Thomas
     Thune
     Vitter
     Warner
  The amendment (No. 4681), as modified, was agreed to.
  Mr. FEINGOLD. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.


                       Vote on Amendment No. 4682

  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
4682.
  Mr. INHOFE. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  The result was announced--yeas 49, nays 51, as follows:

                      [Rollcall Vote No. 209 Leg.]

                                YEAS--49

     Alexander
     Allen
     Bennett
     Bond
     Bunning
     Burns
     Burr
     Byrd
     Chambliss
     Cochran
     Coleman
     Conrad
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Enzi
     Frist
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Murray
     Nelson (NE)
     Pryor
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Specter
     Stevens
     Talent
     Thomas
     Thune
     Vitter
     Warner

                                NAYS--51

     Akaka
     Allard
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brownback
     Cantwell
     Carper
     Chafee
     Clinton
     Coburn
     Collins
     Dayton
     DeWine
     Dodd
     Durbin
     Ensign
     Feingold
     Feinstein
     Graham
     Gregg
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     McCain
     Menendez
     Mikulski
     Nelson (FL)
     Obama
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Sununu
     Voinovich
     Wyden
  The amendment (No. 4682) was rejected.
  Mr. INHOFE. Mr. President, I move to reconsider the vote.
  Mr. FEINGOLD. Mr. President, I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. INHOFE. Mr. President, I ask unanimous consent that Senator 
McCain be recognized to offer an amendment regarding prioritization 
report; further, that following the reporting of that amendment, 
Senator Inhofe be recognized to offer an amendment on fiscal 
transparency; provided further that there be 1 hour total for both 
amendments, to be divided equally between Senators Inhofe and McCain; 
further, that following the use or yielding of time, the Senate proceed 
to a vote in relation to the McCain-Feingold amendment, to be followed 
by a vote in relation to the Inhofe-Bond amendment, with no intervening 
time or extra debate; and that following the votes, there will be 30 
minutes equally divided, followed by a vote on final passage.
  Mr. President, let me restate this. We have too many things going on, 
so let me be sure we get it right.
  The unanimous consent request is that Senator McCain be recognized to 
offer an amendment regarding prioritization report; further, that 
following the reporting of that amendment, Senator Inhofe be recognized 
to offer an amendment on fiscal transparency; provided further that 
there be 1 hour total for both amendments to be divided between 
Senators Inhofe and McCain; further, that there be 30 minutes equally 
divided for general debate on the bill, and that following the use or 
yielding of time, the Senate proceed to a vote in relation to the 
McCain-Feingold amendment, to be followed by a vote in relation to the 
Inhofe amendment, to be followed by a vote on final passage, all with 
no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Missouri is recognized.
  Mr. TALENT. Mr. President, reserving the right to object, could I ask 
my friend if I could have just a few minutes? It sounds like the 
unanimous consent takes up all the time, and I just wanted to speak for 
4 or 5 minutes on the bill, which I would want to do before we got into 
that.
  Mr. INHOFE. I would respond to my friend from Missouri that we do 
have in this unanimous consent request 30 minutes equally divided 
before final passage, and I would be glad to yield to the Senator at 
that time.
  Mr. TALENT. That will be fine.
  Mrs. LINCOLN. Mr. President, reserving the right to object, I would 
like to ask the Chair if there is any possible way we could take the 
opportunity to give myself and my colleague from Arkansas and Senator 
Rockefeller just a few moments to speak in morning business in behalf 
of paying tribute to our Lieutenant Governor from Arkansas.
  Mr. INHOFE. Yes. Let me respond to the Senators from Arkansas. I have 
talked to Senator Rockefeller and we have agreed that as soon as this 
UC goes through, we will recognize him and the Senator from Arkansas 
for up to 15 minutes for that purpose.
  Mrs. LINCOLN. We are so grateful. We appreciate that from our 
colleague from Oklahoma.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

[[Page 14926]]

  (The remarks of Mrs. Lincoln, Mr. Pryor, and Mr. Rockefeller are 
printed in today's Record under ``Morning Business''.)
  Mr. ROCKEFELLER. I thank the chairman of the committee and ranking 
member. I yield the floor.
  Mr. INHOFE. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. JEFFORDS. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Coburn). Without objection, it is so 
ordered.
  Mr. JEFFORDS. Mr. President, while we have a moment I would like to 
take some time to thank the staff from the Environment and Public Works 
Committee.
  Senator Inhofe's staff is first class, including Ruth Van Mark, 
Andrew Wheeler, Angie Giancarlo, Stephen Aaron, and many others.
  Senator Bond's lead staffer Letmon Lee has done excellent work on 
this bill.
  Paul Wilkins and Sara Roberts from Senator Baucus' staff also 
contributed extensively to this product.
  From my staff, Ken Connolly, Alison Taylor, Margaret Weatherald, and 
Caroline Ahearn have been tremendous.
  But most importantly I wanted to recognize two staff people who have 
worked for years and years on Army Corps issues and specifically this 
bill.
  First, Catharine Cyr Ransom. Catharine is an exceptional Senate 
staffer. She works hard, is fair, and a joy to work with. She also is 
very persistent and has made sure that my little State of Vermont has 
been looked after in this legislation.
  Finally, JoEllen Darcy, who has been with the Committee 12 years, and 
has lived through this WRDA process for her entire tenure, is a true 
gem. JoEllen has an incredible record of legislative success on the 
Environment and Public Works Committee due to her depth of knowledge, 
kind manner, and strong negotiating skills. She is also an avid Red Sox 
fan, which says a lot about her character and why I like her so much.
  I thank all the staff for their work and for all their work through 
the August recess on this legislation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, right now we are waiting for Senator 
McCain to return and call up his legislation in conjunction with the 
unanimous consent agreement.
  I would like also to say the same thing. It has been great working 
with Senator Jeffords and his staff, as well as other staff members, 
and of course my staff. Angie, here, has been the primary driver with 
Steve Aaron and Blu Hulsey, David Lungren, our staff director, and Ruth 
Van Mark, who has done so much work on the transportation end.
  On Senator Bond's staff, Letmon Lee; of course, JoEllen Darcey with 
Senator Jeffords, Catharine Ransom, Alison Taylor, and I guess I would 
have to mention Ken Connolly, too, as someone who hangs around and gets 
things done, and Paul Wilkins with Senator Baucus.
  There is a lot of truth to this. This is more of a nonpartisan 
committee. We have a lot of issues on which we disagree, but when it 
gets down to the big authorization we recognize that what we deal with 
are some of the most significant aspects of government--those that have 
to get done.
  It is the only way to do that when we are dealing with many areas--is 
cooperate. I appreciate all the staff working together.
  I yield the floor.


                           Amendment No. 4684

  Mr. McCAIN. Mr. President, I call up my amendment which is at the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for himself, Mr. 
     Feingold, Mr. Lieberman, and Mrs. Feinstein, proposes an 
     amendment numbered 4684.

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

    (Purpose: To provide for a water resources construction project 
                         prioritization report)

       On page 76 between lines 20 and 21, insert the following:

     SEC. 2007. WATER RESOURCES CONSTRUCTION PROJECT 
                   PRIORITIZATION REPORT.

       (a) Prioritization Report.--
       (1) In general.--On the third Tuesday of January of each 
     year beginning January 2007, the Water Resources Planning 
     Coordinating Committee established under section 2006(a) 
     (referred to in this section as the ``Coordinating 
     Committee'') shall submit to the Committees on Environment 
     and Public Works and Appropriations of the Senate, the 
     Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives, and the 
     Office of Management and Budget, and make available to the 
     public on the Internet, a prioritization report describing 
     Corps of Engineers water resources projects authorized for 
     construction.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include, at a minimum, a description of--
       (A) each water resources project included in the fiscal 
     transparency report under section 2004(b)(1);
       (B) each water resources project authorized for 
     construction--
       (i) on or after the date of enactment of this Act; or
       (ii) during the 10-year period ending on the date of 
     enactment of this Act; and
       (C) other water resources projects authorized for 
     construction, as the Coordinating Committee and the Secretary 
     determine to be appropriate.
       (3) Prioritization requirements.--
       (A) In general.--Each project described in a report under 
     paragraph (1) shall--
       (i) be categorized by project type; and
       (ii) be classified into a tier system of descending 
     priority, to be established by the Coordinating Committee, in 
     cooperation with the Secretary, in a manner that reflects the 
     extent to which the project achieves national priority 
     criteria established under subsection (b).
       (B) Multipurpose projects.--Each multipurpose project 
     described in a report under paragraph (1) shall--
       (i) be classified by the project type that best represents 
     the primary project purpose, as determined by the 
     Coordinating Committee; and
       (ii) be classified into the tier system described in 
     subparagraph (A)(ii) within that project type.
       (C) Tier system requirements.--In establishing a tier 
     system under subparagraph (A)(ii), the Secretary shall ensure 
     that--
       (i) each tier is limited to $5,000,000,000 in total 
     authorized project costs; and
       (ii) includes not more than 100 projects.
       (4) Requirement.--In preparing reports under paragraph (1), 
     the Coordinating Committee shall balance, to the maximum 
     extent practicable--
       (A) stability in project prioritization between reports; 
     and
       (B) recognition of newly-authorized construction projects 
     and changing needs of the United States.
       (b) National Priority Criteria.--
       (1) In general.--In preparing a report under subsection 
     (a), the Coordinating Committee shall prioritize water 
     resources construction projects within the applicable 
     category based on an assessment by the Coordinating Committee 
     of the following criteria:
       (A) For flood and storm damage reduction projects, the 
     extent to which the project--
       (i) addresses critical flood damage reduction needs of the 
     United States, including by reducing the risks to loss of 
     life by considering current protection levels; and
       (ii) avoids increasing risks to human life or damages to 
     property in the case of large flood events, avoids adverse 
     environmental impacts, or produces environmental benefits.
       (B) For navigation projects, the extent to which the 
     project--
       (i) addresses priority navigation needs of the United 
     States, including by having a high probability of producing 
     the economic benefits projected with respect to the project 
     and reflecting regional planning needs, as applicable; and
       (ii) avoids adverse environmental impacts.
       (C) For environmental restoration projects, the extent to 
     which the project--
       (i) addresses priority environmental restoration needs of 
     the United States, including by restoring the natural 
     hydrologic processes and spatial extent of an aquatic habitat 
     while being, to the maximum extent practicable, self-
     sustaining; and
       (ii) is cost-effective or produces economic benefits.
       (2) Benefit-to-cost ratios.--In priori-
     tizing water resources projects under subsection (a)(3) that 
     require benefit-to-cost ratios for inclusion in a report 
     under subsection (a)(1), the Coordinating Committee shall 
     assess and take into consideration the benefit-to-cost ratio 
     and the remaining benefit-to-cost ratio of each project.

[[Page 14927]]

       (3) Factors for consideration.--In preparing reports under 
     subsection (a)(1), the Coordinating Committee may take into 
     consideration any additional criteria or subcriteria, if the 
     criteria or subcriteria are fully explained in the report.
       (4) State prioritization determinations.--The Coordinating 
     Committee shall establish a process by which each State may 
     submit to the Coordinating Committee for consideration in 
     carrying out this subsection any prioritization determination 
     of the State with respect to a water resources project in the 
     State.
       (c) Recommendations.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Coordinating Committee shall 
     submit to Congress proposed recommendations with respect to--
       (A) a process to prioritize water resources projects across 
     project type;
       (B) a process to prioritize ongoing operational activities 
     carried out by the Corps of Engineers;
       (C) a process to address in the prioritization process 
     recreation and other ancillary benefits resulting from the 
     construction of Corps of Engineers projects; and
       (D) potential improvements to the prioritization process 
     established under this section.
       (2) Contracts with other entities.--The Coordinating 
     Committee may offer to enter into a contract with the 
     National Academy of Public Administration or any similar 
     entity to assist in developing recommendations under this 
     subsection.

  Mr. McCAIN. Mr. President, if I may ask the distinguished chairman, 
have we entered into a time agreement on this amendment?
  Mr. INHOFE. Yes, we have. In fact, I will be bringing up mine, and we 
will consider them jointly. There will be 1 hour equally divided.
  Mr. McCAIN. I thank my colleague.
  Mr. President, I ask unanimous consent that the Senator from Ohio be 
recognized for however much time he may take in support of the 
amendment.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. VOINOVICH. Mr. President, I would like to second the remarks of 
Senator Inhofe about Senator Jeffords. I have had an opportunity to 
work with Senator Jeffords now for 8 years. We have had our good days 
and bad days, but we never had good days and bad days between us. I 
consider him to be an outstanding Senator and a gentleman. I appreciate 
the courtesies which he has extended me over the years of his 
distinguished career.
  Mr. JEFFORDS. I thank the Senator for his remarks. It has been a 
privilege to work with him. We got some things done.
  Mr. VOINOVICH. Mr. President, I rise in support of the Water 
Resources Development Act of 2006.
  I commend Senators Inhofe, Jeffords, and Bond--and their staffs--for 
their hard work and strong leadership in putting together a bipartisan 
bill. As a member of the Environment and Public Works Committee, I am 
pleased to have been a part of this effort. But I want to make it clear 
that Senator Inhofe is the driving force and Senator Bond kept pushing 
us. If it wasn't for their unbelievable commitment to this, we wouldn't 
be here today.
  It has been 6 years since the Congress last passed a Water Resources 
and Development reauthorization bill. I remember it because I was 
chairman of the subcommittee that handled the bill. The time has come 
to finally pass this legislation.
  America's infrastructure and waterways system is the foundation of 
our economy. For too long, we have been ignoring our infrastructure, 
but Katrina was a wake-up call for all of us. In the wake of this 
disaster, we saw firsthand the devastating impact of a weak 
infrastructure on our people and our economy. The more we continue to 
fail to fund our water infrastructure, the more we are putting our 
Nation's competitiveness at risk in this global marketplace.
  It has a new dimension to it because if we are going to compete in 
the global marketplace, we need to build the infrastructure for 
competitiveness, and we have had our heads in the sand in terms of the 
condition of that infrastructure. It is a critical piece of America's 
competitiveness.
  Our infinite needs are overwhelming and being squeezed. We should be 
rebuilding an infrastructure so that the new generation has at least 
the same opportunity to enjoy our standard of living and quality of 
life.
  Right now, our infrastructure is collapsing due to insufficient 
funding. Congress desperately needs to provide increased funding for 
the Army Corps of Engineers, including funding for levees and funding 
for additional engineers.
  I have been concerned about the backlog of unfunded Corps projects 
since I was chairman of the Subcommittee on Transportation and 
Infrastructure in 1999. When I arrived in the Senate in 1999, the 
backlog of unfunded Corps operation and maintenance projects was $250 
million. Today, it is $1.2 billion. At that time, there was a backlog 
of $38 billion active water resource projects waiting for Federal 
funding. I want to emphasize that.
  Today, according to the administration, there are about $50 billion 
in Army Corps construction projects that are in need of Federal 
funding.
  Despite these needs, the Corps is currently able to function only at 
50-percent capacity at the rate of funding proposed by the budget. It 
is hard to believe when you consider what we have had with Katrina.
  Annual appropriations for the Corps' construction accounts has fallen 
from a $4 billion average in the mid-1960s to a $1.5 billion average 
for 1996 through 2005.
  The stark reality is at the current levels of construction 
appropriations, the Corps' water resource projects, we already have 
more water resource projects authorized for construction than we can 
complete. At the current low levels of construction, it would take 25 
years to complete the active projects in the backlog without even 
considering additional project authorizations that are in this bill.
  That is why I am supporting the prioritization amendment offered by 
Senator McCain and Senator Feingold.
  I tried to get this kind of amendment back 5 or 6 years ago, but it 
was rebuffed. We don't want to do that. We don't want to prioritize 
anything. It might be someone's special project, and it may not get on 
the list where they would like it to be. So let's not do that.
  Unfortunately, appropriations for the Corps program have not been 
adequate to meet the needs that have been identified in our Nation. We 
have also been asking the Corps to do more with less. I am all for 
trimming fat from the Federal budget and practicing fiscal discipline, 
but the Corps of Engineers budget is not fat--it is the bread and 
butter of our economy and our infrastructure.
  I believe this amendment will reduce this backlog. This amendment 
would allow the Water Resources Coordinating Committee, an interagency 
task force that has been established in the underlying bill, to 
establish transparent, project-specific national priority criteria, 
classify projects either currently under construction or authorized 
into a tier system based on that criteria, and then issue a nonbinding 
prioritization report to the authorizing and appropriations committees.
  I will bet you that a lot of what they have against this is because 
they do not want anyone to tinker with what they do. The fact is, I 
think we owe it to them to make sure they have some priority list as to 
the importance of these projects as well as the Office of Management 
and Budget to help guild them in their funding decisions. This report 
would also be made available to the public.
  I believe this report would ensure that the most critical projects in 
the Nation are receiving adequate funding. Katrina showed us the 
importance of prioritization.
  We need a comprehensive prioriti- zation system to ensure that 
Congress has the information it needs to direct limited Federal 
resources to the most urgent projects.
  When I was Governor of the State of Ohio, the State had hundreds of 
highway projects that every preceding Governor had promised each 
municipality would be built. It is whatever you want, you got it. The 
list was unbelievable. The projects would have cost the State of Ohio 
between $5 billion and $6 billion to build, whereas the State

[[Page 14928]]

typically only received between $100 million and $300 million a year. 
At the time, it would have taken decades to build all the projects my 
constituents asked for, even if another new project was not added to 
the list for years.
  In order to deal with the imbalance between demand and available 
revenue, I created an objective, criteria-driven project selection 
process called the Transportation Review Advisory Council, or TRAC. 
This process gives paramount consideration to effective management of 
the backlog to assure that it only includes needed projects that are 
economically justified, environmentally acceptable, and supported by 
willing and financially capable, nonfederal sponsors. The State is 
required to balance this project list with the State's revenue 
projections.
  The TRAC also is required to issue a 4-year fiscal forecast after 
Congress passes each highway bill to get an idea of how much money we 
are going to get. It made no sense for the State of Ohio to continue 
project development on projects worth millions of dollars that had no 
realistic hope of ever being built. I think my constituents are much 
better served by this system because the State is investing its 
resources in projects that will become a reality in the near future.
  I am sure the President would understand this. When you have a 
highway bill, a lot of the Congressmen would put in earmarks on 
projects. And today when they are earmarking, they earmark it for 
projects that are on that list because they know that the money will be 
spent for the project.
  We need to take similar steps in the Senate in addressing our water 
resource needs. It is long overdue with the limited resources that we 
have. Hopefully, one day we will face up to those limited resources in 
terms of our infrastructure. We need a prioritization.
  I think Senator McCain and Senator Feingold have put together a very 
good amendment.
  Again, I know it may be controversial for some of the authorizers, 
but it is time that we do this.
  The passage of another WRDA bill cannot be delayed any further. It is 
simply too important to our Nation in terms of its benefits to our 
economy and environment and for the speedy recovery for the areas 
affected by Hurricane Katrina.
  I call on President Bush and my colleagues in both the House and the 
Senate to work expeditiously to get this bill enacted into law as soon 
as possible.
  Really from the bottom of my heart, I urge my colleagues to support 
this bill and this amendment.
  Thank you, Mr. President.


                           Amendment No. 4683

  Mr. INHOFE. Mr. President, I ask that the Inhofe-Bond amendment be 
brought up for immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Inhofe], for himself and Mr. 
     Bond, proposes an amendment numbered 4683.

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

  (Purpose: To modify a section relating to a fiscal transparency and 
                         prioritization report)

       Strike section 2004 and insert the following:

     SEC. 2004. FISCAL TRANSPARENCY AND PRIORITIZATION REPORT.

       (a) In General.--On the third Tuesday of January of each 
     year beginning January 2008, the Chief of Engineers 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--
       (1) the expenditures of the Corps of Engineers for the 
     preceding fiscal year and estimated expenditures for the 
     current fiscal year; and
       (2) the extent to which each authorized project of the 
     Corps of Engineers meets the national priorities described in 
     subsection (b).
       (b) National Priorities.--
       (1) In general.--The national priorities referred to in 
     subsection (a)(2) are--
       (A) to reduce the risk of loss of human life and risk to 
     public safety;
       (B) to benefit the national economy;
       (C) to protect and enhance the environment; and
       (D) to promote the national defense.
       (2) Evaluation of projects.--
       (A) In general.--In evaluating the extent to which a 
     project of the Corps of Engineers meets the national 
     priorities under paragraph (1), the Chief of Engineers--
       (i) shall develop a relative rating system that is 
     appropriate for--

       (I) each project purpose; and
       (II) if applicable, multipurpose projects; and

       (ii) may include an evaluation of projects using additional 
     criteria or subcriteria, if the additional criteria or 
     subcriteria are--

       (I) clearly explained; and
       (II) consistent with the method of evaluating the extent to 
     which a project meets the national priorities under this 
     paragraph.

       (B) Factors.--The Chief of Engineers shall establish such 
     factors, and assign to the factors such priority, as the 
     Chief of Engineers determines to be appropriate to evaluate 
     the extent to which a project meets the national priorities.
       (C) Consideration.--In establishing factors under 
     subparagraph (B), the Chief of Engineers may consider--
       (i) for evaluating the reduction in the risk of loss of 
     human life and risk to public safety of a project--

       (I) the human population protected by the project;
       (II) current levels of protection of human life under the 
     project; and
       (III) the risk of loss of human life and risk to public 
     safety if the project is not completed, taking into 
     consideration the existence and probability of success of 
     evacuation plans relating to the project, as determined by 
     the Director of the Federal Emergency Management Agency;

       (ii) for evaluating the benefit of a project to the 
     national economy--

       (I) the benefit-cost ratio, and the remaining benefit-
     remaining cost ratio, of the project;
       (II) the availability and cost of alternate transportation 
     methods relating to the project;
       (III) any applicable financial risk to a non-Federal 
     sponsor of the project;
       (IV) the costs to State, regional, and local entities of 
     project termination;
       (V) any contribution of the project with respect to 
     international competitiveness; and
       (VI) the extent to which the project is integrated with, 
     and complementary to, other Federal, State, and local 
     government programs, projects, and objectives within the 
     project area;

       (iii) for evaluating the extent to which a project protects 
     or enhances the environment--

       (I) for ecosystem restoration projects and mitigation plans 
     associated with other project purposes--

       (aa) the extent to which the project or plan restores the 
     natural hydrologic processes of an aquatic habitat;
       (bb) the significance of the resource to be protected or 
     restored by the project or plan;
       (cc) the extent to which the project or plan is self-
     sustaining; and
       (dd) the cost-effectiveness of the project or plan; and

       (II) the pollution reduction benefits associated with using 
     water as a method of transportation of goods; and

       (iv) for evaluating the extent to which a project promotes 
     the national defense--

       (I) the effect of the project relating to a strategic port 
     designation; and
       (II) the reduction of dependence on foreign oil associated 
     with using water as a method of transportation of goods.

       (c) Contents.--In addition to the information described in 
     subsections (a) and (b), the report shall contain a detailed 
     accounting of the following information:
       (1) With respect to general construction, information on--
       (A) projects currently under construction, including--
       (i) allocations to date;
       (ii) the number of years remaining to complete 
     construction;
       (iii) the estimated annual Federal cost to maintain that 
     construction schedule; and
       (iv) a list of projects the Corps of Engineers expects to 
     complete during the current fiscal year; and
       (B) projects for which there is a signed cost-sharing 
     agreement and completed planning, engineering, and design, 
     including--
       (i) the number of years the project is expected to require 
     for completion; and
       (ii) estimated annual Federal cost to maintain that 
     construction schedule.
       (2) With respect to operation and maintenance of the inland 
     and intracoastal waterways under section 206 of Public Law 
     95-502 (33 U.S.C. 1804)--
       (A) the estimated annual cost to maintain each waterway for 
     the authorized reach and at the authorized depth; and
       (B) the estimated annual cost of operation and maintenance 
     of locks and dams to ensure navigation without interruption.
       (3) With respect to general investigations and 
     reconnaissance and feasibility studies--
       (A) the number of active studies;
       (B) the number of completed studies not yet authorized for 
     construction;

[[Page 14929]]

       (C) the number of initiated studies; and
       (D) the number of studies expected to be completed during 
     the fiscal year.
       (4) Funding received and estimates of funds to be received 
     for interagency and international support activities under 
     section 318(a) of the Water Resources Development Act of 1990 
     (33 U.S.C. 2323(a)).
       (5) Recreation fees and lease payments.
       (6) Hydropower and water storage fees.
       (7) Deposits into the Inland Waterway Trust Fund and the 
     Harbor Maintenance Trust Fund.
       (8) Other revenues and fees collected.
       (9) With respect to permit applications and notifications, 
     a list of individual permit applications and nationwide 
     permit notifications, including--
       (A) the date on which each permit application is filed;
       (B) the date on which each permit application is determined 
     to be complete; and
       (C) the date on which the Corps of Engineers grants, 
     withdraws, or denies each permit.
       (10) With respect to the project backlog, a list of 
     authorized projects for which no funds have been allocated 
     for the 5 preceding fiscal years, including, for each 
     project--
       (A) the authorization date;
       (B) the last allocation date;
       (C) the percentage of construction completed;
       (D) the estimated cost remaining until completion of the 
     project; and
       (E) a brief explanation of the reasons for the delay.

  Mr. INHOFE. Mr. President, I yield 15 minutes to the Senator from 
California.
  The PRESIDING OFFICER. The Senator from California is recognized for 
15 minutes.
  Mrs. BOXER. Mr. President, I thank my chairman, Chairman Inhofe, for 
granting me this time.
  I feel so strongly against this amendment. I really need the time to 
explain to my good colleagues why I think it ought to be voted down.
  We have amendments before us from time to time and they come to us as 
reform. I totally understand that we need reform in this whole area of 
the way we prioritize projects that come before us. But I don't believe 
this is reform at all. In my view, I think this is a delegation of the 
responsibility of the Senate and the House over to the executive 
branch. I believe it is going to be put into the hands of people who 
won't know a thing about this subject matter, and it is going to bring 
politics right into this Chamber. We were elected by the people. The 
cities and counties count on us to do our homework, to do our due 
diligence and understand what the needs are of our people, what our 
flood control needs are in our States, what our other needs are in our 
States, the studies that need to be performed, and all of that. That is 
our job.
  The McCain amendment just simply wraps it all up and tosses it over 
to the executive branch. It sets up a whole new bureaucracy that I 
think is absolutely unnecessary and, frankly, I think it is disastrous 
for this WRDA bill. Unlike the other amendment which we supported, 
which is peer review, that looked forward, this amendment looks back 
into this bill where we have sat for years and years.
  Again, I thank Senators Inhofe, Jeffords, Bond, and Baucus and the 
leaders of this committee who have worked with us to ferret out the 
projects that didn't have merit. I can attest to the fact that I had an 
amendment that I wanted to move forward.
  I was persuaded by my colleagues on both sides of the aisle that 
there was a better way to move forward.
  We have done our work. This amendment is well intended. I know that. 
I know the people who have put it forward to us have good intentions. 
But I think it is going to make it more difficult for worthy projects 
to get needed funding. That includes projects that have an impact on 
public health and safety.
  I may have a debate with Senator Bond over which project I think is 
the more worthy and we will sit and talk about it and we will argue 
about it. At the end of the day, there will be a decision. Why should 
the two of us toss that all over to the executive branch, no matter who 
is President? What does it have to do with them? It is our bill. The 
President has the right to veto it if he doesn't like it or sign it. 
But thrashing out what ought to be in it and what is good, we have done 
that. That is part of our job.
  There is another problem with this amendment. It sets up a nightmare 
of a tier system. You have to fight your way into a tier in order to be 
funded. The administration--this one and the next one and the one 
thereafter--will be able to recommend which tier your State projects 
ought to be in. When the first tier reaches $5 billion, or when there 
are 100 projects in it, that tier is finished. So if you have a very 
important project, a large project, but let's say we all know we have 
to move to help the folks who are impacted by Hurricane Katrina, and 
they have priority--we all agree that it has a very high priority--if 
you represent a large State, you have a large project, you will never 
make it into the first tier. It is bad for my State.
  Frankly, it is bad for any project that is large enough and can't get 
into the first tier--it gets knocked down. You get stuck in a lower 
tier simply because the project may protect more people. How does that 
make any sense whatsoever? It is an arbitrary system. It can label a 
project as second tier despite critical local public safety needs. It 
will undermine a project's chances of receiving appropriations.
  We already know what a fight we have to convince our colleagues in 
the Committee on Appropriations that the projects in our State have 
merit. We subject these projects to tremendous scrutiny, first in this 
particular WRDA bill. As we struggle to get appropriations funds, we 
have to make the case. Then we have to go to conference and continue to 
make the case.
  Under this amendment, I am sorry to say this is no reform. I ask 
rhetorically if this makes any sense. There is a very important 
committee that has been set up in the underlying bill. The committee 
has some very important functions, but now the McCain amendment adds 
this next function on to this committee, this coordinating committee 
which, by the way, is going to hire an executive director.
  If anyone wants to learn how projects and laws get bogged down, here 
is an example. This committee that is going to be set up includes the 
following people: The Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of Health and Human Services, the Secretary 
of Housing and Development, the Secretary of Transportation, the 
Secretary of Energy, the Secretary of Commerce, the Administrator of 
the EPA, the chairperson of the Council on Environmental Quality, and 
here is my favorite, the Secretary of Homeland Security.
  We all know about their priority list. We just took a look at their 
priority list. Petting zoos should be protected before bridges and 
highways. They have included Old McDonald's Petting Zoo, a bourbon 
festival, a bean festival, the Kangaroo Conservation Center. This is 
what the Department of Homeland Security said ought to be prioritized.
  Do we want to invite them into a new prioritization game for the WRDA 
projects? I hope not. What could come out of this is not good.
  In discussing this with my colleagues, they say: But, Senator Boxer, 
they are just going to recommend. We have the ability to sit down among 
ourselves--Democrats and Republicans--as we have done in this bill, and 
come to some decisions on what the priorities are. I believe the 
Committee on Appropriations, working with all of us, has a second bite 
at that apple.
  I don't believe we need to ask this President or any future President 
to get into this issue and convene meetings, have studies, and waste 
money just to put together a list that they say is their priorities. 
What makes their priorities better than our priorities? They are not 
even elected. This is not even their job. How do you come forward--I 
ask my friend from Arizona, rhetorically, because he is not here--
giving people who have no idea what this is about the power over the 
projects? They say it is just a recommendation, but we know they will 
take that seriously.
  We remember the whole tizzy when they said they thought it was fine 
for the country of Dubai to run our ports. There was a big debate in 
the Senate.

[[Page 14930]]

Most Members believed that was a mistake. That also came out of some 
committee.
  We all fight to get here. We all work hard to get here. At a minimum, 
we are in touch with our States and we know the needs of our States. 
The Congress, not a political appointee, not some bureaucrat, but 
Members of the Senate should retain the central responsibility for 
establishing the border resource priorities for their States. Instead, 
this amendment leaves the recommendation of priorities up to a 
committee made up of Cabinet and other political appointees.
  We are inviting politics into this debate. As Senator Inhofe said, 
this is one of those rare moments in history, this bill, where politics 
is left at the committee door. We worked together. We worked hard 
together. Now, with this McCain amendment, we are injecting partisan 
politics. In this case it is a Republican President. In future years it 
could be a Democratic President. It does not make any difference.
  We should do our job. We should not punt the ball elsewhere. What are 
we here for? Anyone who votes for this, and I am sure there will be a 
few--I hope not too many--the message they are basically sending is 
that they do not feel comfortable enough, they do not feel 
knowledgeable enough, they do not feel strong enough to stand up for 
what needs to be done in their States.
  Again, I ask, do we really want to have the Department of Homeland 
Security deciding the critical water resource projects? They have 
enough to do to get their own priorities in order.
  With all due respect to members of the Cabinet, we as individual 
Senators know our States' needs. We know our States' priorities. This 
is not reform; this is injecting, in my view, partisanship into a very 
bipartisan approach.
  I trust my colleagues, whether Republican or Democrat, in this bill 
because they have to explain why their projects are worthy. This is not 
like an earmark where something is stuck in the bill in the middle of 
the night. This is a major reauthorization bill where every project is 
looked at very carefully. I don't believe any Cabinet is going to be 
more effective at telling us what projects should be funded.
  As Members of Congress, let us not surrender our responsibility to an 
executive branch that, in my view, will not reflect the real needs of 
our people. I urge my colleagues to vote no, a very sound no, on this 
amendment. Let's send a message today that this Senate knows what it is 
doing in this bill.
  I feel very comfortable with the leadership of Senators Inhofe and 
Jeffords, that we do know what we are doing in this bill. If you are 
for this bill, I hope you will vote no on the McCain amendment.
  I give the remainder of my time to the good Senator, Mr. Inhofe. I 
thank him so much for the chance to speak against this amendment.
  Mr. INHOFE. I thank the Senator from California for bringing up some 
very good points.
  How much time is remaining?
  The PRESIDING OFFICER. The total time remaining is 17 minutes 45 
seconds.
  Mr. INHOFE. Parliamentary inquiry because there is some confusion, 
without using our time to make the parliamentary inquiry: It is my 
understanding that while we have an hour equally divided on the two 
amendments that are going to be voted back to back, there is also 30 
minutes equally divided on final passage. All of this time would be 
used prior to the three votes that come consecutively; is that correct?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. INHOFE. If that is the case, there would be more like 30 minutes 
remaining because each side would have 45 minutes.
  The PRESIDING OFFICER. The agreement contemplated that the final 30 
minutes would be used after the initial hour so that the Senator's 
assumption is correct that he will have 15 minutes after the 17 minutes 
and 35 minutes is expired.
  Mr. INHOFE. I ask unanimous consent on our side, and I suggest they 
probably want to do the same thing, that our time not be segregated as 
to the amendments versus final passage so we could have 45 minutes for 
either as we desire.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. INHOFE. With that, I yield 10 minutes to the Senator from 
Missouri who has been very helpful and constructive in this 
legislation.
  The PRESIDING OFFICER. The Senator from Missouri is recognized for 10 
minutes.
  Mr. BOND. Mr. President, I thank the Senator for the time and also 
for the kind remarks. I appreciate the excellent leadership he has 
provided and the bipartisan nature with which he and Senator Jeffords 
brought this bill to the Senate.
  It is important to take a look at the substance of what is going on 
in these prioritization amendments now before the Senate which deal 
with fiscal deadlines and requirements and, in turn, how projects 
should be prioritized. I hope our colleagues will listen carefully to 
the context of the WRDA legislation and the Corps reform.
  Worthwhile projects of the Corps of Engineers should be funded. The 
inadequate funding of the levees in New Orleans was a bad mistake. We 
need to fund worthwhile levees, but the best route is not the total 
overhaul of the Corps and passage of the Feingold-McCain amendments, in 
this case, specifically, the prioritization amendment.
  The Feingold-McCain amendment proposes a complete overhaul by 
establishing a new bureaucracy, the Water Resources Planning 
Coordinating Committee. We need another bureaucracy in the Federal 
Government like a bear needs tennis shoes. This idea is essentially a 
reprise of the Water Resources Council that existed during the Carter 
administration which was discredited due to its inability to get 
anything done. That is not surprising when you have members ranging 
from the Secretary of Health and Human Services, the Secretary of 
Housing and Urban Development, the Secretary of Homeland Security. 
These are just a few of the Cabinet members, along with others, 
proposed to provide review under the Feingold-McCain amendment. The 
Secretary of the Army is on there, not even a Cabinet position. I look 
forward to the Secretary of the Army, for example, providing input and 
review to the Department of Education on No Child Left Behind. That is 
essentially the same thing as having the proposed Feingold-McCain 
council consisting of noninterested, nontrained Cabinet members with 
other heavy responsibilities involved in the Corps of Engineers' very 
complicated 103-step process to come up with priorities and approval of 
projects.
  Beyond a lack of interest in expertise, this council is structured 
for projects to fail. A meeting of the minds is very difficult. This is 
probably the reason such a council does not exist in any other forum. 
In the rare event a consensus would emerge, the 50 percent local cost 
share would increase to the point where communities could no longer 
afford to make their contributions for essential projects.
  It sounds like a time-consuming, expensive, headache-producing 
bureaucracy to me, and I have seen them before. I can tell one when I 
see it. This is one area where trained experts who understand the 
process, from planning to construction, should be running our water 
project formulation process. There is a reason we rely upon those with 
appropriate training and expertise to develop and construct our 
infrastructure and safety needs. These decisions should be based on 
sound science, not on political judgment of people with no expertise in 
the area.
  With thousands of projects and costs that change annually, 
prioritization of the projects and the process directed by Feingold-
McCain would be extremely cumbersome. Achieving stability and 
prioritization would be nearly impossible.
  The amendment Senator Inhofe and I have proposed would categorize and 
prioritize projects on scientifically sustainable reports. These 
reports will provide Congress with the necessary information to make 
tough values-related decisions. Our proposed approach supports and 
encourages a holistic approach to water resource management

[[Page 14931]]

by considering a wide range of important factors.
  Feingold-McCain fails to address multipurpose projects and thus 
results in inadequate cost-benefit ratios. Modernizing our locks and 
dams and improving our levees contribute to the entire way of American 
life: enhancing flood control, transportation, hydropower, water 
supply, and recreation. Each purpose of the project served determines 
demands prioritization, weighing all benefits in the analysis. And even 
then, how do you truly value safety and the health of human life?
  Media reports and editorials have criticized and played the blame 
game. As a result, the Corps has received more than its share of public 
ridicule. What is not well publicized is the good work that the Civil 
Works Program of the United States Army Corps of Engineers has already 
done in its exhaustive inhouse budget prioritization. The Civil Works 
Program has the only infrastructure project analysis that is required 
to have cost-benefit ratios grounded in economic theory and extensive 
ongoing economic analysis.
  From its inception, each economic water resource infrastructure 
project goes through multiple ``winnowing'' processes. In recent years, 
only 16 percent of the proposed projects generally pass on a ``national 
benefit,'' a positive benefit to cost ratio. Unless a project meets 
this threshold, the process will not allow for a favorable report of 
the chief of engineers.
  The second winnowing is cost-share requirements where both studies 
and construction require percentages of local moneys to match the 
amounts from the Federal Government as well as other contributions such 
as lands, easements, and rights-of-way.
  Unless exempted by Congress, if a local cost-sharing agreement does 
not come forward, a project is not eligible for Federal funds.
  Next is the actual budget appropriations process, which begins at the 
38 districts of the Corps of Engineers 18 months before a President's 
budget is delivered.
  Performance-based budgeting requires a highly detailed process, 
sorting the projects by benefits and costs and rated in a variety of 
categories, including risk factors for the environment, safety, 
security, and operations.
  Each of the ``economic'' Corps projects is then subject to 
``diminishing returns'' analysis that defines specific measurable 
performance benefits that may be gained through a number of levels of 
incremental funding.
  In addition, unique elements or circumstances, such as judicial 
findings and orders, are taken into account. The recommendation is then 
sent to the Corps Division office that merges all district inputs into 
a division recommendation which goes to the Corps headquarters in 
Washington.
  Once at headquarters, they are reviewed, merged, cross-walked, 
racked, stacked, jacked, and tacked, and finally nationally ranked on a 
benefit scale, to deliver a list to OMB.
  I am exhausted--and I know my listeners are exhausted, those who are 
still listening--merely summarizing the current standards and the 
process that has to be followed--and we did not go into the 103 steps 
currently existing before the request even reaches Congress for 
appropriations.
  But the Bond-Inhofe amendment goes further and categorizes and 
prioritizes projects scientifically and makes a supportable report to 
make it easier for us to make the important judgments. It is a time-
consuming and extensive process already. The last thing the process 
needs is additional bureaucratic steps and redtape from those who have 
already skewed priorities and lack the expertise to make decisions.
  OMB has its own criteria and priorities, with recent trend analysis 
showing they favor environmental restoration projects. For example, 
within the fiscal year 2007 construction account, only 90 out of the 
approximately 655 projects were accorded ``priority status'' that would 
allow for some level of funding.
  The Feingold-McCain amendment would only add additional steps, 
lengthen the timetable, with fewer funded projects, the loss of jobs, 
and the inability to provide safety and the transportation we need.
  Finally, of course, there is a congressional process where we must 
authorize and fund the projects. We establish our priorities, and they 
are contained in the amendment, the Bond-Inhofe amendment.
  The Feingold-McCain amendment proposes a council that lacks the 
necessary expertise and adds redtape. We believe the Bond-Inhofe 
amendment makes sense, and it will add to what the WRDA legislation 
already includes: reasonable Corps reform amendments that would strike 
a balance, that disciplines new projects to criteria fairly applied, 
while addressing a greater number of water resources multipurpose 
priorities.
  I urge my colleagues to support the Inhofe-Bond amendment and to 
oppose the Feingold-McCain amendment.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Arizona.
  Mr. McCAIN. Mr. President, I yield myself such time as I may consume.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. McCAIN. Mr. President, I would like to thank my friends from 
Oklahoma and Missouri for their courtesy in the way we have been 
addressing these two amendments.
  Mr. President, I begin by asking unanimous consent that the Statement 
of Administration Policy be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

           Statement of Administration Policy, July 18, 2006


            S. 728--Water Resources Development Act of 2006

       The Administration has strong concerns with the significant 
     overall cost of S. 728. The Congressional Budget Office has 
     estimated that the bill as reported by the Committee would 
     authorize nearly $12 billion in discretionary spending, and a 
     preliminary Administration review indicates that the cost of 
     the manager's amendment would be greater. The Administration 
     believes the bill should establish priorities among these 
     activities and limit new authorizations to those projects 
     that represent the highest priorities for Federal funding 
     within the three main Corps mission areas: commercial 
     navigation, flood and storm damage reduction, and aquatic 
     ecosystem restoration. The Administration is committed to 
     maintaining fiscal discipline in order to protect the 
     American taxpayer and sustain a strong economy.
       The Administration supports the intent of the manager's 
     amendment in the nature of a substitute to S. 728 with regard 
     to provisions that: (1) address high-return nationally 
     significant water resource infrastructure efforts and aquatic 
     ecosystem restoration opportunities in coastal Louisiana and 
     along the Upper Mississippi River; (2) protect the Great 
     Lakes from invasive fish species; and (3) improve the Corps 
     of Engineers recreation services by providing a financing 
     authority similar to that proposed in the President's Budget.
       The Administration is committed to restoring the Everglades 
     in partnership with the State of Florida. S. 728 would 
     authorize construction of the Indian River Lagoon project, a 
     significant South Florida aquatic ecosystem restoration 
     project. It would also authorize construction of the Picayune 
     Strand project, which has not completed its review by the 
     Administration. We look forward to working with Congress on 
     these and future authorizations for this priority restoration 
     effort.
       The Administration looks forward to working with the Senate 
     to revise this legislation so that it will accomplish our 
     shared goals and objectives.


                       The Need for Basic Reforms

       The civil works program has played an important role in 
     developing the Nation's water resources; however, it faces 
     several interrelated problems: (1) the Corps has a large 
     backlog of unfinished construction work, resulting in more 
     projects facing delays and a $50 billion cost to complete the 
     backlog of already-authorized projects; (2) the Corps is 
     providing funding to construct projects outside of its three 
     main missions, which reduces the funding available for higher 
     priority needs; and (3) the Federal government pays a 
     substantial share of project costs, which can lead to an 
     over-allocation of resources to build new projects and 
     upgrade existing ones. The bill does not address, and in some 
     cases would exacerbate, these problems.
       The President's last four Budgets have outlined the 
     direction of the reforms needed to address these and other 
     concerns. The Administration has proposed five principles to 
     guide Corps authorizations and appropriations, which focus 
     on: (1) improving how the

[[Page 14932]]

     Corps formulates its water resources projects, such as 
     through changes to the 1983 principles and guidelines for 
     proposed Federal water resources projects; (2) limiting new 
     construction starts to projects with a very high net economic 
     or environmental return per dollar invested; (3) setting 
     priorities for allocating funding among the projects with 
     ongoing construction work in the three main Corps mission 
     areas; (4) de-authorizing commercial navigation projects with 
     extremely low levels of commercial use, and projects whose 
     main purpose falls outside the three main mission areas; and 
     (5) addressing cost-sharing.
       The FY 2007 Budget proposes specific economic, 
     environmental, and public safety performance criteria for use 
     in establishing priorities among ongoing construction 
     projects. The Administration supports efforts to prioritize 
     water resources construction projects consistent with this 
     approach, and looks forward to working with Congress to 
     accomplish this objective.


                        Planning Future Proiects

       The bill's proposals regarding the formulation of projects 
     would undermine efforts to improve the economic and 
     environmental performance of future projects. Subsection 
     2005(e)(1)(A)(ii) would increase the ability of local project 
     sponsors to direct the project alternatives that the Corps 
     may consider and recommend, and could preclude consideration 
     of other reasonable alternatives. Subsection 2005(e)(I)(B) 
     would prohibit the use of budgetary and other policy 
     considerations in the formulation of proposed projects. Both 
     of these changes would erode the ability of the Executive 
     Branch and Congress to ensure that the projects proposed for 
     authorization are well-justified and in the national 
     interest.
       The Administration supports the independent peer review of 
     proposed projects. Section 2007 would restrict such reviews 
     to 90 days from the start of the public comment period, which 
     may not provide enough time to fully consider the public 
     comments and would preclude using these panels to assess 
     substantial changes to the project proposed by the Corps in 
     response to the public comments. The Administration looks 
     forward to working with Congress on this process.


             Restricting the Powers of the Executive Branch

       The Administration strongly objects to section 
     2006(f)(1)(C), which would limit the ability of the Executive 
     Branch to properly supervise the civil works program by 
     prohibiting anyone from giving direction to the Chief of 
     Engineers, including Senate-confirmed Presidential appointees 
     in the Department of Defense, regarding any Corps report on a 
     proposed project or any related recommendations for changes 
     in law or policy. Such a provision would hinder the 
     President's ability to fulfill his Constitutional duties. The 
     bill would also require the Secretary to provide his 
     recommendations to Congress on a proposed project within 90 
     days of the Chiefs report, which is not adequate time for a 
     proper review and a determination of the Administration's 
     position. In addition, this language should be revised to 
     request rather than require the recommendation, in keeping 
     with the President's constitutional authority to make 
     recommendations he determines to be necessary and expedient.
       The Administration strongly objects to Section 1003(o) 
     which conditionally preauthorizes the construction of all 
     projects identified in a future Corps report on options for 
     improving storm damage reduction along the Louisiana coast. 
     Congress should not preauthorize these yet-to-be-identified 
     projects, whose total cost is likely to be measured in the 
     tens of billions of dollars and is not included in 
     Congressional Budget Office estimate, before the Executive 
     Branch, Congress, and the public have had a full opportunity 
     to review them.
       The Administration objects to Section 1003(n) which creates 
     a new agency--the Louisiana Water Resources Council--to 
     manage and oversee a system-wide comprehensive plan of 
     unspecified future projects in Louisiana. This provision 
     would circumvent the normal chain of command within the 
     Executive Branch and thereby reduce accountability for the 
     costs to build these projects. The provision also raises 
     constitutional concerns with regard to the Appointments 
     Clause.


                 Adequate and Appropriate Cost-sharing

       The Administration objects to the authorizations in the 
     bill that would have the effect of providing unwarranted 
     waivers or reductions in non-Federal cost-sharing 
     requirements. The Administration strongly opposes section 
     2039(a), which could be read as authorizing a major shift in 
     future project costs--potentially costing billions of dollars 
     to the general taxpayer. In addition, for the aquatic 
     ecosystem restoration work along the Upper Mississippi River 
     and Illinois Waterway and in the wetlands of coastal 
     Louisiana, the cost-share paid by the general taxpayer should 
     be no more than 50 percent, as it is for the Everglades 
     restoration effort.


        Upper Mississippi River and Illinois Waterway Navigation

       The Mississippi River is a major artery for transporting 
     America's bulk agricultural products, and the Administration 
     is working to keep it that way. The Administration has 
     identified work on the Upper Mississippi River and Illinois 
     Waterway as one of the most important Corps operations and 
     maintenance projects. The Administration would like to work 
     with Congress to appropriately address the navigation and 
     ecosystem needs of this part of the inland waterway.


                           COASTAL LOUISIANA

       The Administration recommends that the Senate revise 
     section 1003 to provide a single generic authorization 
     covering all studies, construction, and science work needed 
     to support the effort to restore coastal Louisiana wetlands, 
     including but not limited to the work envisioned in the near-
     term restoration plan. This would expedite the approval 
     process for projects and their implementation while providing 
     greater flexibility in setting future priorities. Subsection 
     1003(j) should also be revised to provide for only a science 
     program, which should be run by the U.S. Geological Survey 
     and be funded on a cost-sharing basis and through 
     appropriations from the Corps. Moreover, section 1003(i), and 
     several other provisions in the bill, should be revised to 
     avoid micromanaging the internal deliberations of the 
     executive branch, and thereby interfering with the 
     President's constitutional duty to execute the law.


                             Other Concerns

       The Administration also opposes certain other provisions in 
     the bill, including:
       Section 2001, which could significantly diminish 
     accountability, nationwide consistency, and oversight of 
     Corps projects by limiting the ability of Corps headquarters 
     and the Secretary of the Army to review proposed agreements 
     with local project sponsors, and could expose the Federal 
     government to liquidated damages in the event that Congress 
     terminates funding for a project;
       Section 2014, which would establish a binding 50-year 
     Federal commitment to the periodic nourishment of sandy 
     beaches and which could be construed as promoting ``shore 
     protection'' instead of storm damage reduction as the 
     program's objective; and
       Section 3067, which would lead to the use of the Bonnet 
     Carre Spillway in ways that could be harmful to the ecosystem 
     of Lake Pontchartrain.
       The Administration looks forward to working with Congress 
     on these and other concerns as the legislation proceeds.

  Mr. McCAIN. Mr. President, I would just like to quote from the first 
paragraph of the Statement of Administration Policy:

       The Administration has strong concerns with the significant 
     overall cost of S. 728. The Congressional Budget Office has 
     estimated that the bill as reported by the Committee would 
     authorize nearly $12 billion in discretionary spending, and a 
     preliminary Administration review indicates that the cost of 
     the manager's amendment would be greater. The Administration 
     believes the bill should establish priorities--

  I repeat: ``The Administration believes the bill should establish 
priorities''--

     among these activities and limit new authorizations to those 
     projects that represent the highest priorities for Federal 
     funding within the three main Corps mission areas: commercial 
     navigation, flood and storm damage reduction, and aquatic 
     ecosystem restoration.

  The first paragraph of the administration's Statement of 
Administration Policy emphasizes their belief that this legislation 
should establish priorities amongst these activities. That is what this 
amendment is about. It is exactly that. The amendment is designed to 
help Congress make clear and educated decisions on which Army Corps 
projects should be funded based on our Nation's priorities.
  I am pleased to be joined by Senators Feingold, Lieberman, and 
Feinstein in offering this important amendment to the Water Resources 
Development Act.
  Last August, this Nation witnessed a devastating national disaster. 
When Hurricane Katrina hit, it brought with it destruction and tragedy 
beyond compare; more so than our Nation has seen in decades. Almost a 
year later, the gulf coast region is still trying to rebuild and there 
is a long road ahead. We learned many lessons from this tragedy, and, 
as our Nation continues to dedicate significant resources to the 
reconstruction effort, we must ensure that those resources are being 
used in the most effective and efficient manner as possible. It is time 
the Congress takes a hard look at how our scarce Army Corps dollars are 
being spent overall and whether they are actually going to the most 
necessary projects.
  Our current system for funding Corps projects is not working. 
Currently, projects are submitted by Members of

[[Page 14933]]

Congress for funding without having a clear picture of how that project 
affects the overall infrastructure of our Nation's waterways or where 
it fits within our national waterways priorities.
  Too often, it is a Member's seniority and party position that 
dictates which projects are funded and which ones will join the $58 
billion backlog. Mr. President, I repeat, we have a $58 billion backlog 
of projects. And the bill before us is going to add another $12 billion 
in projects to the backlog. Do you know how much funding the Corps 
receives annually? Two billion dollars. So if you have $70 billion, and 
we are annually allocating $2 billion, that is 35 years. It is 35 years 
before any project that is on this list is funded.
  Clearly, without a prioritization, that opens itself up to no way 
that we would have a way of determining which project is most important 
and which is not. There is no way to know which projects warrant these 
limited resources because the Corps refuses to give Congress its views 
on which projects are necessary. In fact, even when Congress 
specifically requests a list of the Corps' top priorities, it is unable 
to provide it. Remarkable. Remarkable. Unfortunately, the underlying 
bill does not address this problem.
  To help my colleagues fully understand the extent of this problem, 
let me quote Representative Hobson, chairman of the House Energy and 
Water Appropriations Committee, from his statement on the House floor 
on May 24, 2006:

       Last fall, we asked the Corps to provide Congress with a 
     ``top 10'' list of the flood control and navigation 
     infrastructure needs in the country. The Corps was 
     surprisingly unable or not allowed to respond to this simple 
     request, and that tells me the Corps has lost sight of its 
     national mission and has no clear vision for projects it 
     ought to be doing in the future . . . frankly, what is still 
     lacking is a long-term vision of what the Nation's water 
     resources infrastructure should look like in the future. 
     ``More of the same'' is not a thoughtful answer, nor is it a 
     responsible answer in times of constrained budgets.

  This amendment is designed to address this problem and shed light on 
the funding process. It allows both Congress and the American people to 
have a clear understanding of where our limited resources should be 
spent. The amendment will tap a multiagency committee created in the 
underlying bill. It will direct that committee to review Corps projects 
that are currently under construction or have been authorized during 
the last 10 years.
  These projects would be evaluated by several commonsense, transparent 
criteria. They would also be divided and judged within their own 
project category, such as navigation, flood and storm damage reduction, 
and environmental restoration. Each project category would be broken 
into broad, roughly equal-sized tiers, with the highest tiers including 
the highest priority projects, and on down the ladder. This advisory 
report would then be sent to Congress and be made available to the 
public.
  Some have said this amendment relinquishes congressional authority to 
the executive branch. That is a false allegation. The prioritization 
report is an effort to inform Congress, but it does not dictate 
spending decisions--just as the Department of Defense sends our 
authorizing committee, the Armed Services Committee, their priorities. 
Without knowing their priorities, how in the world can we know how to 
spend the dollars?
  To more fully understand the need for a prioritization system, let's 
consider funding for Louisiana in the fiscal year 2006 budget. The 
administration's budget request included 41 line items or projects 
solely for Louisiana that totaled $268 million. That works out to $6.5 
million per project, on average. The House Energy and Water 
appropriations bill included 39 line items or projects totaling $254 
million--again, in the neighborhood of $6.5 million per project. The 
Senate bill included 71 line items or projects, to the tune of $375 
million--averaging out to $5.3 million per project.
  So while even more money was proposed for Louisiana under the Senate 
version, individual projects would receive less money, and, inevitably, 
this would result in delays in completing larger projects. So this 
really does come down, once again, to real-world consequences of 
earmarking. Communities actually lose under this earmarking practice.
  Can we really afford long, drawn-out delays on flood control projects 
that people's lives depend on simply because too many Members are 
fighting for a small pool of money with no real direction? We need some 
kind of direction, clear understanding and guidance for funding Corps 
projects. While more money may ultimately be going to a State, if it is 
being parsed via earmarking in an appropriations bill, we will not be 
able to make significant progress on any project.
  Ultimately, without guidance, Congress is able to cram as many 
projects as possible into appropriations bills while contending that 
each project is as important as the next. Drawing out completion on all 
of these projects puts people's lives in danger and is unacceptable.
  Some may believe that under this amendment smaller projects will lose 
out. However, the size of the project has no impact on the 
prioritization system. In fact, this objective system will help find 
the hidden gems in the Corps project list and highlight their strengths 
to Congress.
  It is time we end this process of blind spending, throwing money at 
projects that may or may not benefit the larger good. It is time for us 
to take a post-Katrina look at the world and decide whether we will 
learn from our experiences over the last year or whether we are content 
to continue business as usual.
  Shouldn't we be doing all we can to reform the Corps and ensure that 
most urgent projects are being funded and constructed or are we more 
content with needless earmarks--too often at the expense of projects 
that are of most need?
  As stated in a letter signed by the heads of the Taxpayers for Common 
Sense Action, the National Taxpayers Union, and the Council for 
Citizens Against Government Waste, in support of our amendment:

       Enough is enough . . . we need a systematic method for 
     ensuring the most vital projects move to the front of the 
     line so limited taxpayer funds are spent more prudently.

  The Corps procedures for planning and approving projects, as well as 
the congressional system for funding projects, are broken. But they can 
be fixed. The reforms in this amendment are based on thorough program 
analysis and common sense. And let me be clear: A vote against this 
amendment is a vote against Government transparency and accountability. 
This amendment is a step toward a more informed public and a more 
informed Congress. We owe the American public accountability in how 
their tax dollars are spent.
  I commend Senator Feingold for his efforts to build and improve upon 
the Corps reforms we have explained before. Corps modernization has 
been a priority that Senator Feingold and I have shared for years, but 
never before has there been such an appropriate atmosphere and urgent 
need to move forward.
  I also thank Senators Inhofe and Bond for working with us throughout 
this process and helping us to incorporate many commonsense changes 
into the larger bill. While I still have concerns with the underlying 
bill, and particularly the number of projects that would be authorized, 
I hope that by adopting this amendment we can move this bill in a 
direction that will truly benefit the Nation.
  I want to share with my colleagues not only the administration's 
support for this important prioritization amendment, it also has been 
endorsed by many outside groups, including Taxpayers for Common Sense 
Action, National Taxpayers Union, Citizens Against Government Waste, 
American Rivers, National Wildlife Federation, Earthjustice, 
Environmental Defense, Republicans for Environmental Protection, Sierra 
Club, and the World Wildlife Fund. And it has been positively commented 
on by the Heritage Foundation. The vote on this amendment will

[[Page 14934]]

be key voted by the Taxpayers for Common Sense Action, National 
Taxpayers Union, Council for Citizens Against Government Waste, and the 
League of Conservation Voters.
  We are also considering side by side the Inhofe-Bond amendment. As I 
have mentioned before, their version would be prepared by the Corps, 
controlled by the Corps, evaluated by the Corps, and reported by the 
Corps, locking out input from other relevant water resources agencies 
such as the Department of Homeland Security. That amendment, unlike my 
amendment, only looks at likely construction projects, forces the Corps 
to review every single project in its $58 billion backlog, soon to be 
$70 billion with the passing of this bill. It would also create a vague 
need to fund a relative rating system that does not require any final 
analysis or ranking. This would lead to an argument over semantics 
rather than quality of a project. Members would come to the floor to 
argue that the criteria that their project scored well in is the most 
important criteria, whereas another Member would be arguing for another 
criteria because their project scored well in that area. This system 
would only lead to further confusion over the worth of individual 
projects and distract Congress from the job at hand. Further, this 
system would use criteria clearly devised to skew ratings toward 
particular types of Corps projects. How would an environmental 
restoration project ever score well on a criteria designed to weigh a 
project's ability to lessen our dependence on foreign oil? How would a 
flood and storm damage reduction project do being judged by this 
criteria that is in the amendment, pollution reduction benefits 
associated with using water as a method of transportation of goods?
  Additionally, the Inhofe-Bond amendment would require the rating 
report to be delivered only to the authorizing committee, thus sending 
the signal that this information is not intended to help set funding 
priorities and not intended to be transparent for the public. I urge my 
colleagues to oppose the amendment.
  I point out again the problem we have here: $70 billion, $2 billion 
spent every year. That makes for $70 billion worth of authorized 
projects, $2 billion can be spent each year. That makes for some pretty 
ferocious competition. I think it is very important that we put some 
kind of prioritization into this kind of process; otherwise, it will be 
very hard for us to understand what is being done. But more 
importantly, it is certainly not clear that the projects that need the 
priority will receive them.
  I ask unanimous consent that a memo published by the Heritage 
Foundation on this issue be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

             [From the Heritage Foundation, July 19, 2006]

     Improving the Performance of the U.S. Army Corps of Engineers

                       (By Ronald D. Utt, Ph.D.)

       The extensive flooding of New Orleans caused by several 
     breaks in the levee system during Hurricane Katrina led to an 
     extensive debate about the performance of the Army Corps of 
     Engineers in protecting Americans from natural disasters. In 
     the months following Katrina's assault on the Gulf Coast, 
     many public officials, civil engineers, and policy analysts 
     began to question both the quality of the Corps' work and the 
     spending priorities Congress imposes on it. In particular, 
     there is considerable evidence that lobbyists and Members of 
     Congress systematically redirect Corps' spending for the 
     benefit of influential private interests at the expense of 
     essential flood control and protection. An amendment proposed 
     by Senators John McCain (R-AZ) and Russ Feingold (D-WI) would 
     create an independent commission to review select Corps 
     projects. This would be a major step towards reform of the 
     Corps.
       As a Heritage Foundation Backgrounder and the Washington 
     Post have recently reported, a substantial portion of Corps 
     spending supports harbor and channel maintenance that benefit 
     specific shipping companies, new irrigation projects that 
     benefit crops like rice that already receive extensive 
     federal subsidies from the Department of Agriculture, 
     recreational boating facilities, and beach replenishment 
     programs to enhance the value of seaside vacation homes. As a 
     result of these diversions to low-priority purposes, Corps' 
     spending on flood and storm protection have accounted for 
     only about 12 percent of its budget in recent years.
       Absent any formal mechanism to rate Corps projects and 
     establish priorities for investments that benefit ordinary 
     Americans, not just lobbyists and special interests, the 
     Corps will continue on the same ineffective course that 
     contributed to last year's disaster in New Orleans. And with 
     the Corps already working under a 35-year backlog of projects 
     totaling $58 billion, these management deficiencies will 
     persist for decades.
       Senators John McCain and Russ Feingold propose to remedy 
     this deadly deficiency with an amendment to the Water 
     Resources Development Act that would require independent peer 
     review if a project costs more than $40 million, the Governor 
     of an affected state requests a review, a federal agency with 
     statutory authority to review a project finds that it will 
     have a significant adverse impact, or the Secretary of the 
     Army determines that a project is controversial. Their 
     amendment would also require an independent safety review for 
     flood control projects involving issues of public safety. 
     While the McCain-Feingold proposal is a big step in the right 
     direction, the independent review commission should also be 
     encouraged to comment on the Corps' broad resource 
     allocations to ensure that priority projects involving issues 
     of public safety are not delayed because of diversions to 
     beach resorts, environmental remediation, and irrigation 
     crops already in substantial surplus.

  Mr. McCAIN. The Heritage Foundation memo says:

       Absent any formal mechanism to rate Corps projects and 
     establish priorities for investments that benefit ordinary 
     Americans, not just lobbyists and special interests, the 
     Corps will continue on the same ineffective course that 
     contributed to last year's disaster in New Orleans. And with 
     the Corps already working under a 35-year backlog of projects 
     totaling $58 billion, these management deficiencies will 
     persist for decades.

  I hope my colleagues on this side of the aisle who almost always pay 
close attention to the Heritage Foundation and their findings will pay 
attention to this one as well.
  I again thank my friend from Oklahoma for his courtesy in 
consideration of this amendment.
  I reserve the remainder of the time.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Mr. President, it further demonstrates that people can 
have honest disagreements. I look forward to responding to some of the 
comments that were made by the Senator from Arizona.
  I yield 7 minutes to the Senator from Missouri, Mr. Talent.
  The PRESIDING OFFICER. The Senator from Missouri is recognized for 7 
minutes.
  Mr. TALENT. I thank the chairman for yielding and compliment him and 
Senator Bond for their work in getting the Water Resources Development 
Act on the Senate floor finally. It has been literally years getting it 
here. I think it is a very important measure. Transportation 
infrastructure is very important. If we are going to maintain our 
global competitiveness, our economic growth, we have to be able to get 
goods from one place to another. We have to be able to protect people 
from natural disasters. We have to control and use the water resources 
this Nation is blessed with, and we cannot do it without this bill.
  I want to address specifically the provisions in the bill that 
authorize the modernization of locks and dams on the upper Mississippi 
River--locks and dams which, if they were people, would be old enough 
to collect Social Security; locks and dams which are so small relative 
to the needs of modern transportation that barges must routinely be 
broken down into two halfs, in essence, before they can go through the 
locks and dams; locks and dams which are in such need of maintenance 
that you can take a picture of one and then come back and take a 
picture of the same lock a month later and you will find that concrete 
has literally fallen off it.
  The case for river transportation is so strong, it is a matter of 
common sense. It is a cheap, environmentally sound method of moving 
goods. I say inexpensive because it costs roughly a third of the cost 
of shipping by rail; environmentally friendly because one medium barge 
tow can carry the same freight as 870 traffic trail trucks. So 
obviously, by fixing locks and dams, we can relieve highway congestion, 
reduce

[[Page 14935]]

shipping costs, reduce fuel consumption, and we can reduce air 
emissions. We will also create jobs.
  The construction of new 1200-foot locks and lock extensions will 
provide more than 48 million man-hours of employment over the next 10 
to 15 years. We can also move the country's goods more efficiently. 
Sixty percent of the country's corn exports, 45 percent of soybean 
exports go on the Mississippi River to their destination. It is 
absolutely important to the transportation of coal, steel, and 
concrete. We have a new concrete facility going into Sainte Genevieve, 
MO. It was a number of years before they were able to begin building 
it, but they have. The reason that plant is going in there is because 
the river is there, because they can bring products in and they can 
move products out. It is vitally important that we do this. We have 
been waiting a number of years. We are at least going to be able to 
authorize doing it in this bill. We then have to fund it.
  I want to say a few words about what I think is the most important 
issue regarding our Nation's transportation infrastructure, and that is 
less about how we prioritize than whether we are going to build it at 
all. Transportation infrastructure is absolutely crucial to the 
competitiveness and future of any economy. Other nations know that. 
That is why they are building it. Brazil, for example, which is 
certainly not a country with an economy as prosperous as ours, is 
building water transportation infrastructure. I know people are 
concerned about the revenues of the Federal Government and about the 
deficit. I certainly am as well. But that is not a reason to avoid 
investments in capital infrastructure. If you are a homeowner and you 
have a hole in your roof, you have to fix the hole in the roof. You 
have to fix it somehow because it doesn't go away if you don't fix it. 
It gets worse. Then it costs more when you finally do decide to fix it.
  We have been talking about priorities. It is certainly reasonable to 
discuss how we are going to prioritize the projects that we have 
backlogged. But I note with interest that both sides seem to agree that 
after this bill passes, if it passes, we will have $70 billion in 
backlogged projects and evidently $2 billion a year to spend on them. I 
wonder if anybody else noted the irony of that. We are arguing about 
how to prioritize $2 billion, when we have $70 billion in backlog. 
Perhaps we ought to be arguing about how we can reduce the backlogs 
faster by finding more money. Unless somebody is aware of some 
technology that is going to allow us to transport goods across the 
country other than through rivers or rail or trucks, we had better 
figure out how we are going to fix this, and we had better figure it 
out fast.
  A lot of people who are concerned--I don't mean here in the Senate so 
much but over in the Office of Management and Budget--about passing 
trade agreements will reassure us that it is OK to have trade 
agreements with other countries, even though they have lower wage 
levels, because they say we are competitive anyway because we have a 
better financial system, a better telecommunications systems, and we 
have a better transportation system. Then the same people begrudge 
every attempt to invest in the transportation system. The reality is 
that however we prioritize the money, we are falling behind every year. 
In 10 or 15 years from now, maybe sooner, we are going to have fallen 
so far behind, we will never be able to catch up. When the next 
generation does not have the transportation infrastructure they need to 
be competitive, as we had because the earlier generation gave it to us, 
I don't think we will be able to explain it away by saying we were 
arguing over how to prioritize it. I think they will want to know how 
we are going to build it. Because right now, however you prioritize it, 
we have a heck of a lot more priorities than we have money to spend. I 
hope we can put a little bit of the energy that we are now putting into 
prioritization--and I don't begrudge anybody the debate over this--into 
how we are going to fund the transportation infrastructure that this 
generation and the next generation needs before the Chinese fund theirs 
and the Third World countries fund theirs, and our people are out in 
the cold.
  I thank the Senator from Oklahoma for his efforts and for yielding.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. JEFFORDS. Mr. President, I yield 5 minutes to the Senator from 
Florida.
  The PRESIDING OFFICER. The Senator from Florida is recognized for 5 
minutes.
  Mr. NELSON of Florida. Mr. President, under Senate rules, I ask 
unanimous consent that I be allowed to show a prompt on the Senate 
floor, a bottle of water.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. NELSON of Florida. Mr. President, this is the bottle. This is a 
glass of clean water that is put on our desk to drink. This is the 
bottle of water that I scooped up out of the Saint Lucie River which is 
one of the estuaries that will be dealt with in this Water Resources 
Development Act that we are now considering. You can see the dramatic 
difference between the two. This one is laden with algae and with all 
kinds of particulates. This is the kind of clean water that we would 
like our rivers and estuaries to be.
  Thank goodness we have this bill and we are going to pass it. It is 
going to address these kinds of problems. Specifically in this bill is 
the Everglades restoration and two important projects, the Indian River 
Lagoon, from which this water came. It is the Saint Lucie River estuary 
that leads into the Indian River. You can see why that estuary is 
messed up. When I went out there and scooped up this bottle of water, 
it was a dead river. That river, the Saint Lucie, flows into the Indian 
River, which is not a river, it is a lagoon. It is a bay. This Senator 
grew up on the banks of the Indian River.
  Where I grew up, there are the pelicans diving for fish because there 
are plenty of fish. There is Mr. Osprey up there swooping down and 
getting his dinner. You look up in that dead pine tree and there is old 
Mr. Eagle. He is up there waiting for Mr. Osprey to go down and scoop 
up and get his dinner. Then Mr. Eagle is going to take off after Mr. 
Osprey, and Mr. Osprey is going to drop that fish and Mr. Eagle is 
going to swoop it up. That is going to be his dinner. Yet there is 
nothing out there in a river that has water like this--no pelicans, no 
bird life. You cannot even see it. You can see the density of this 
water. You cannot even see below the surface of the water. Thank 
goodness we have up this WRDA bill. This bill also is going to 
authorize the Fakahatchee Strand and the waters that dump into the St. 
Lucie, like this to the east of Lake Okeechobee, dumped into the 
Caloosahatchee River to the west, and a similar kind of water goes out 
to tidewater in the Gulf of Mexico to the Caloosahatchee River. This is 
what we are going to correct with this WRDA bill.
  And, also, we are going to--in the managers' package they have 
accepted an amendment that the two Senators from Florida have offered, 
which is to get an examination of this report that came out about a 70-
year-old dike that rings Lake Okeechobee; 40,000 people live in the 
vicinity of the perimeter of Lake Okeechobee, and the report predicts 
there is a one-in-six chance of dike failure with each year that 
passes. So we are getting an emergency examination and report in this 
bill of the sanctity and security of that dike, with all of those lives 
that are at stake.
  Overall, all of this is so important for us. This is the greater part 
of a 20-year project of the restoration of the Everglades, the river of 
grass, which for over a half century we have messed up by diking and 
draining and sending this water of Mother Nature out to tidewater, 
instead of preserving it for what it was intended by Mother Nature--to 
keep flowing south through the Everglades and ultimately out into the 
Florida Bay.
  I am so grateful that the leadership on both sides of the aisle has 
brought this bill to the floor. It is with great joy that I will be 
voting for this legislation.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?

[[Page 14936]]


  Mr. JEFFORDS. Mr. President, I yield myself such time as I may 
consume.
   Mr. President, the Water Resources Development Act is critically 
important for our nation because it provides our States and local 
jurisdictions with the support they need to manage their water 
resources, and improve flood and storm control damage protection.
  The Senate's passage of this legislation maintains our commitment to 
the protection of our rivers, streams and lakes.
  And it also maintains our commitment to protect our aquatic 
ecosystems, which are so delicate and yet so vital to critical species.
  I am proud that the Senate will pass a good, comprehensive bill that 
also includes key coastal restoration and hurricane projects to further 
assist the rebuilding efforts in the State of Louisiana following 
Hurricanes Katrina and Rita.
  I am also very proud that my State of Vermont will receive important 
project authorizations, including restoration programs for the upper 
Connecticut River; the repair, remediation and removal of small dams 
throughout the State; and the construction of a dispersal barrier to 
protect Lake Champlain from invasive species.
  As we stand on the verge of passing the Water Resources Development 
Act, I would once again like to thank Chairman Inhofe for his 
leadership. We would not be at this point without his persistence and 
hard work.
  I would also like to thank Senators Baucus and Bond for their hard 
work in advancing this bill.
  Mr. President, it may have taken us six long years to get here, but 
the impact of this bill will be felt for decades to come.
  I urge my colleagues to support this bill as it moves through 
conference.
  Mr. President, I yield 3 minutes to the Senator from Louisiana.
  The PRESIDING OFFICER. The Senator from Louisiana is recognized for 3 
minutes.
  Ms. LANDRIEU. Mr. President, I had to come to the floor and speak 
briefly and thank the ranking member and the chairman for their 
extraordinary help in crafting this bill to help meet the needs of 
Louisiana's vanishing coast. This coastline just doesn't belong to 
Louisiana, it belongs to the Nation. It is America's last coastal zone, 
with millions of acres of wetlands that serve as hosts of the oil and 
gas industry and that cradle, if you will, the great Mississippi River, 
which is the greatest river system on the North American Continent. It 
provides for the extensive fisheries industry.
  This is a picture of southeast Louisiana. But if you head southwest, 
it is also host to major river systems, the Calcasieu Ship Channel, et 
cetera. This coast is threatened. This is a pretty extraordinary graph 
that we found recently, which shows the track of every major hurricane 
since 1955. The blue line is the track of Hurricane Rita, a category 4 
to 5 hurricane. Katrina is the yellow line that went through the 
eastern part of our State, and then, of course, Rita on the western 
part on the Texas-Louisiana line.
  This gulf coast is America's only energy coast. All of the oil and 
gas offshore is produced right here. Most of the refineries, platforms, 
et cetera, are beside these great wetlands. This bill is going to make 
substantial investments along this coastline to keep our river open, to 
keep our ports operating, to protect these wetlands, and to help create 
a stronger barrier.
  Obviously, we need to be doing this all over the country, this 
Atlantic coast. There is money for that as well. Of course, I am not as 
familiar with those projects. I can tell you that this WRDA bill--of 
course, my partner and colleague, Senator Vitter, is on the authorizing 
committee, and he deserves a tremendous amount of credit for his work.
  I wanted to say that the ecosystem project of Louisiana's coastal 
area is funded, as well as significant navigation and hurricane 
protection and wetlands restoration projects. In addition, there are 
some innovations important to America. There are some new technologies 
that will allow us to protect these areas, to build stronger levees, to 
protect this coast with better materials that cost less--way less--and 
we can stretch the dollars in this bill far more than we have been able 
to do in the past because although this is a very large bill with a $10 
billion authorization, it is not enough, as some of our colleagues have 
said.
  Mr. President, the technology--and we will soon send to the Record an 
example of the technologies--will help us to make these projects 
stretch. I thank the ranking member for his courtesy and the chairman 
for all of his help.
  Mr. INHOFE. Mr. President, I yield 5 minutes to the junior Senator 
from Louisiana.
  The PRESIDING OFFICER. The Senator from Louisiana is recognized.
  Mr. VITTER. Mr. President, I rise, too, in strong support of this 
WRDA bill with my Louisiana colleague and many others because of the 
enormously important work it will do for the country, including the 
State of Louisiana, particularly after the devastating hurricanes of 
Katrina and Rita.
  I, too, thank the chairman of the Environment and Public Works 
Committee, Chairman Inhofe, and the ranking member, Senator Jeffords, 
and Senators Bond and Baucus, and everybody who has made this very 
important bill possible, including our great staff, including Angie 
Johncarlo, Ruth VanMark, Letmon Lee, Stephen Aaron, Catharine Ransom, 
and Jo-Ellen Darcy. I thank them all for their hard and, in so many 
cases, their ongoing work.
  This bill is vitally important to the country and is vitally 
important to Louisiana, and it was before 2005. It was important before 
Hurricanes Katrina and Rita, but it is 10 times more important after 
those devastating storms and in light of our continuing and increasing 
needs following those storms.
  I want to highlight some very important aspects. One is fundamental 
Corps reform, which is important, which will get done one way or 
another in this bill. Now, in terms of Corps reform, I favor the model 
of Chairman Inhofe. I also point out that I have been working, with his 
help and the help of many others, on a Louisiana water resources 
council to ensure proper oversight, vetting, review, and ongoing 
outside independent expert review of all of the projects in the 
Louisiana hurricane area.
  That concept was first embodied in a separate stand-alone bill that I 
introduced on March 15 as S. 2421. I am happy to say that through a 
managers' amendment it will be included in all substantial and major 
ways in this WRDA bill. It is very important to bring outside expertise 
to bear to review on an ongoing basis, to do that peer review for those 
projects and to integrate those projects into an overall plan for our 
Louisiana coast.
  There are other important needs that the bill meets. The 
comprehensive hurricane, flood, and coastal protection program is fully 
authorized in this bill. Immediately, it authorizes 5-year near-term 
coastal restoration projects and will exceed $1.2 billion, establishes 
a science and technology program of at least $500 million, requires 
consistency and integration in all of the programs, and makes sure they 
work together.
  Other crucial Louisiana needs addressed in the bill are hurricane 
protection for Terrebonne and Lafourche. The bill authorizes the 
Morganza to the gulf hurricane protection project that has been ready 
for 3 years now. This is long overdue and it finally comes in this 
important WRDA bill, addressing the travesty of the Mississippi River 
Gulf Outlet, MRGO, fixing that environmental disaster and making sure 
that the negative impacts of it, as we saw through Katrina, never 
happen again. And other crucial needs are addressed, such as the Port 
of Iberia, Vermillion hurricane protection, east Baton Rouge, Red-
Ouachita River Basin, Atchafalaya Basin, Calcasieu River and Pass, 
Larose to Golden Meadow, Vidalia Port, and St. Charles. They are all 
directly met in this bill.
  Again, I thank the chairman, the ranking member, and others on the 
committee for their leadership to meet these crucial Louisiana needs 
and certainly these crucial national needs. I strongly and fully 
support the bill.

[[Page 14937]]

  I yield back the remainder of my time.
  The PRESIDING OFFICER. Who yields time. The Senator from Wisconsin.
  Mr. FEINGOLD. I yield myself time off of the McCain-Feingold 
prioritization amendment.
  I rise in strong support of the McCain-Feingold prioritization 
amendment. I am pleased to be a cosponsor. As Senator McCain points 
out, it recognizes we must respond to the tragedy of Katrina and to our 
current flawed planning process by making sure that limited taxpayer 
dollars go to the most worthy water resources projects.
  That doesn't sound like a lot to ask. As we all know, our Nation is 
staring down deficits that just a few years ago were unimaginable. We 
have a backlog of $58 billion in projects that are authorized but not 
built, and that number will be closer to $70 billion when this bill 
passes. Clearly, we need some way of identifying projects that are most 
needed.
  Right now, Congress does not have any information about the relative 
priority of the current massive backlog of unauthorized projects, and 
we don't have any way of evaluating the relative priority of the new 
projects. What we do have is individual Members arguing for projects in 
their States or districts but no information about which projects are 
most important to the country's economic development or transportation 
systems or our ability to protect our citizens and our property from 
natural disasters.
  Our current prioritization process is not serving the public good. 
The McCain amendment would make sure Congress has the tools to more 
wisely invest limited resources while also increasing public 
transparency in decisionmaking. It does so by utilizing an interagency 
task force set up in the underlying bill, the Water Resources 
Coordinating Committee, to evaluate likely Corps projects in three 
different categories: flood damage reduction, navigation, and ecosystem 
restoration. The committee will establish broad national priorities to 
apply to those projects.
  The amendment sets out minimum requirements that projects in each 
category have to meet, so that, for example, flood reduction projects 
must be evaluated in part whether they reduce the risk of loss of life. 
But the committee is free to consider other factors as long as it is 
clear about which factors it is considering.
  Projects in each of these project types will be placed in tiers based 
on how great a priority they represent, and this information will be 
provided to Congress and the public in a nonbinding annual report. That 
is it. Congress and the public get information to help them make 
decisions involving millions--or even billions--of dollars. Surely that 
isn't too much to ask.
  Modernizing all aspects of our water resources policy will help 
restore credibility to a Federal agency that is plagued by public 
skepticism in the wake of Katrina. The Corps has admitted serious 
design flaws in the levees it built in New Orleans, and it is clear 
that the Corps' mistakes contributed significantly to the damage New 
Orleans suffered.
  I can tell you, when I was down in New Orleans just last week, even 
more than complaints about FEMA, I heard complaints about the Corps. 
And just as we have worked as a body to improve FEMA, we need to work 
to improve the Corps. Our constituents and the people of New Orleans 
deserve no less.
  The Corps does important work. The real problem, as the senior 
Senator from Arizona points out, that this amendment seeks to get at is 
us in Congress. Congress has long used the Army Corps of Engineers to 
facilitate favored pork-barrel projects, while periodically expressing 
a desire to change its ways. If we want to change our ways, we can 
start by passing the McCain prioritization amendment which will help us 
make sure the Corps continues to contribute to our safety, environment, 
and economy, without wasting taxpayer dollars.
  The Inhofe-Bond so-called prioritization amendment does not 
accomplish that. In fact, that competing amendment would do nothing 
more than create a bureaucratic nightmare. It would require every 
project in the $58 billion backlog to be rated. Even the Corps admits 
there are many projects in the backlog that will never be built. Some 
of the projects being deauthorized in this WRDA bill were first 
authorized in the 19th century. So why would we expend such time and 
resources evaluating projects that have no chance of being built? We 
can prioritize in a smarter, more manageable way.
  Their amendment creates an ill-defined relative rating system for 
criteria but doesn't require any final analysis or ranking. How is that 
going to help us decide where to allocate taxpayer dollars? It won't. 
The relative rating system is nothing more than a throwaway single line 
with no substance.
  What is most telling is that there is no provision to allow for the 
information to be made available to the public so they can look over 
our shoulders and make sense of whether our decisions about national 
water resource priorities make sense.
  Furthermore, their amendment, rather than using impartial criteria on 
which to weigh projects, would use criteria which would be applied 
across project types and which appear to be reverse-engineered to 
elevate inland navigation projects: for example, criteria such as 
``availability cost alternate transportation methods relating to the 
project''; ``[R]eduction of dependence on foreign oil associated with 
using water as a method of transportation of goods''; ``pollution 
reduction benefits associated with using water as a method of 
transportation of goods.''
  These criteria serve to elevate generically inland navigation 
projects at the expense of flood and storm damage reduction projects 
and environmental restoration projects.
  Obviously, I do not have an issue with inland navigation projects.
  The PRESIDING OFFICER. The time on the amendment has now expired.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent that I may 
continue under the remaining time on the bill.
  The PRESIDING OFFICER. Is there objection?
  Mr. INHOFE. Reserving the right to object, I inquire as to how much 
time remains.
  The PRESIDING OFFICER. The amount of time combined is 10 minutes 58 
seconds under the control of Senator Inhofe and 2 minutes 41 seconds 
under the control of the Senator from Vermont.
  Mr. INHOFE. No objection.
  The PRESIDING OFFICER. Who yields time? Does the Senator from Vermont 
or the Senator from Oklahoma yield? Does the Senator from Vermont yield 
time?
  Mr. INHOFE. That is correct, I do not yield time. I just don't object 
to his using some of the time on the bill.
  The PRESIDING OFFICER. The Senator from Vermont yields time.
  Mr. FEINGOLD. I thank my colleagues.
  The Mississippi River is a critical artery for Wisconsin and national 
commerce, and many other rivers serve the same role. However, I do take 
issue with the process that uses broadly applied criteria that will 
obviously only be met by a small subset of projects at the expense of 
other valuable project types that fall within the mission area of the 
Corps of Engineers.
  Lastly, if any of my colleagues are tempted to vote for the Inhofe-
Bond alternative, I encourage them to take a close look at it. It is 
clearly designed to look more substantial than it really is because in 
a nine-page amendment, four pages are dedicated to simply reinserting 
the same language on a fiscal transparency report that the amendment 
initially deleted.
  Unfortunately, the existing inadequate, opaque funding process is 
better than the prioritization process created by the Inhofe-Bond 
amendment. A deliberately flawed and skewed prioritization system would 
be more harmful than the current ineffective one. As such, whatever 
one's position may be on the McCain-Feingold-Lieberman-Feinstein 
amendment, I strongly encourage my colleagues to oppose the Inhofe-Bond 
prioritization amendment.

[[Page 14938]]

  I certainly thank my colleagues for the additional time, and I yield 
the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. INHOFE. Mr. President, I yield myself such time as I may consume. 
It is my intention to yield back some time. We have some colleagues we 
want to accommodate. I think if I do that, time will also be yielded 
back from the other side.
  While I don't agree with those who tried to argue that there are 
currently no prioritization projects, I do acknowledge that we can do a 
better job. That is exactly what the Inhofe-Bond amendment will do.
  The administration has priorities right now. They can set priorities. 
It is called the budget. The administration sets its funding priorities 
through the President's budget request. For the last couple of fiscal 
years, President Bush has relied on a measure called the remaining 
benefit-remaining cost ratio.
  The Inhofe-Bond amendment requires the Corps of Engineers to provide 
critical and easy-to-understand information to Congress that can then 
be used to make tough budgetary decisions that we have to make when the 
funds are so limited.
  The amendment sets out four national priorities--I mention this 
because this contradicts something said by the Senator from Wisconsin: 
No. 1, to reduce the risk of loss of human life and risk to public 
safety; No. 2, to benefit the national economy; No. 3, to protect and 
enhance the environment; and No. 4, to promote the national defense.
  Let me just say in closing that no one can vote either for their 
amendment or against our amendment saying that one of them is going to 
be spending more money or there is pork. It is a wash. They are both 
the same. Voting for the Inhofe-Bond amendment is not going to reduce 
the amount of money that is going to be spent on projects or voting for 
the other amendment is not going to do that, either. Not one of these 
is a large spending bill or a small spending bill. I would like to get 
that out of the way.
  Our amendment sets out our national goals. The Corps is directed to 
develop a relative ranking system to report how well each project meets 
these four priorities.
  I really think enough has been said on this issue. I am prepared at 
this point, if the other side is, to yield back and accommodate some of 
our colleagues. I do so at this time.
  Mr. JEFFORDS. Mr. President, first, I commend my partner for the 
cooperation we have had on this bill.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. All time has been yielded back.
  The question is on agreeing to amendment No. 4684, the McCain 
amendment.
  Mr. McCAIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kennedy) is necessarily absent.
  The result was announced--yeas 19, nays 80, as follows:

                      [Rollcall Vote No. 210 Leg.]

                                YEAS--19

     Alexander
     Bingaman
     Brownback
     Burr
     Chafee
     Coburn
     DeMint
     DeWine
     Dodd
     Ensign
     Feingold
     Gregg
     Kyl
     Landrieu
     Lieberman
     McCain
     Nelson (FL)
     Sununu
     Voinovich

                                NAYS--80

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bond
     Boxer
     Bunning
     Burns
     Byrd
     Cantwell
     Carper
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     Dole
     Domenici
     Dorgan
     Durbin
     Enzi
     Feinstein
     Frist
     Graham
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Talent
     Thomas
     Thune
     Vitter
     Warner
     Wyden

                             NOT VOTING--1

       
     Kennedy
       
  The amendment (No. 4684) was rejected.
  Mr. STEVENS. Mr. President, I move to reconsider the vote and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Vote on Amendment No. 4683

  The PRESIDING OFFICER (Mr. Sessions). The question now is on agreeing 
to the amendment of the Senator from Oklahoma, Mr. Inhofe.
  Mrs. BOXER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second. The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kennedy) is necessarily absent.
  The result was announced--yeas 43, nays 56, as follows:

                      [Rollcall Vote No. 211 Leg.]

                                YEAS--43

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Bunning
     Burns
     Burr
     Chambliss
     Coburn
     Cochran
     Coleman
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Enzi
     Frist
     Grassley
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Lott
     Lugar
     Martinez
     McConnell
     Nelson (NE)
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Specter
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner

                                NAYS--56

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brownback
     Byrd
     Cantwell
     Carper
     Chafee
     Clinton
     Collins
     Conrad
     Dayton
     DeWine
     Dodd
     Dorgan
     Durbin
     Ensign
     Feingold
     Feinstein
     Graham
     Gregg
     Harkin
     Inouye
     Jeffords
     Johnson
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCain
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Stevens
     Sununu
     Wyden

                             NOT VOTING--1

       
     Kennedy
       
  The amendment (No. 4683) was rejected.
  Mr. BOND. I move to reconsider the vote.
  Mrs. BOXER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER (Mr. Coburn). The Senator from Missouri is 
recognized.
  Mr. BOND. Mr. President, I ask unanimous consent that the managers' 
amendment at the desk be agreed to and the motion to reconsider be laid 
upon the table.
  Mr. JEFFORDS. This amendment has been cleared on our side.
  The PRESIDING OFFICER. Is there an objection?
  Mr. McCAIN. I object.
  The PRESIDING OFFICER. The objection is heard.


                        Removal of Marine Camels

  Mr. WARNER. Mr. President, I seek recognition to engage in a colloquy 
with the distinguished manager of this bill, Senator Inhofe, and the 
distinguished Senator from Rhode Island, Mr. Reed, pertaining to a 
provision that would clarify that funds from the Department of Defense 
account for environmental remediation at formerly used Defense sites 
may be used for the removal of abandoned marine camels at any formerly 
used Defense site under the jurisdiction of the Department of Defense.
  First, perhaps for those who are not familiar with marine and naval 
terminology, it would be useful to point out that a ``marine camel'' is 
nothing more

[[Page 14939]]

than a large timber fender. These wooden fenders, or bumpers, are of 
the type that have been used since the days of sail to cushion a ship 
as it lays alongside a pier, or to act as a buffer between two or more 
ships when they are tied up alongside each other, either at a pier, a 
mooring, or at anchor. The purpose of the camel is to prevent damage to 
a ship or a pier that would otherwise occur when a ship rocks against a 
pier or against another ship due to shifting tides, currents, wakes 
from passing ships, and so forth.
  The problem this provision seeks to solve is that over the many years 
these marine camels have been in use at naval facilities, marine 
terminals, and moorings controlled and operated by the Department of 
Defense, they have been lost, sunk, or otherwise have become hazardous 
debris, often containing hazardous substances, in the waters and on the 
shores of formerly used Defense sites in Narragansett Bay.
  The purpose of this colloquy is to establish that the provision that 
has been included in the Water Resources Development Act is not an 
expansion of existing authority. This provision is clear that use of 
Department of Defense funds is linked to formerly used Defense sites 
that are under the jurisdiction of the Department of Defense. 
Therefore, this provision clarifies but does not expand the authority 
or responsibility of the Department of Defense to undertake 
environmental restoration.
  Mr. INHOFE. My colleague on both the Armed Services and Environment 
and Public Works Committees is correct. This Water Resources 
Development Act provision is simply to clarify existing authority. The 
other bill managers and I were informed that there was some confusion 
as to whether funds from the Department of Defense environmental 
remediation account for formerly used Defense sites could be used to 
remove abandoned marine camels located in the waters of formerly used 
Defense sites in Narragansett Bay. It was our intent to clarify that 
the Department could in fact use these funds to remove debris linked to 
a formerly used Defense site even if that debris has drifted off land 
and into the water. Of course, any debris in the water not linked to a 
formerly used Defense site could not be cleaned up using funds from 
this account, and I believe the language in the bill reflects that 
distinction.
  Mr. WARNER. Further, it is also my understanding and I wish to make 
clear as part of our discussion that this provision is not intended to 
give a priority to clean up sites in Narragansett Bay over other 
formerly used Defense sites that present a greater risk to public 
health and safety.
  The Department of Defense establishes the priority for cleanup of 
formerly used Defense sites on the basis of risk to the public. The 
Senate Armed Services Committee has long supported the Department's 
policy of prioritizing environmental cleanup based on risk. We stand 
committed to that principle today. I ask my distinguished colleague to 
confirm that he shares my understanding on these fundamental points.
  Mr. INHOFE. Again, I agree completely with my colleague. There is 
absolutely no intent to change the Department's current policy of 
prioritization through this provision. Those sites presenting the 
greatest risk to the public should be cleaned up first. This provision 
is silent with regard to where on that priority list sites in 
Narragansett Bay may fall.
  Mr. WARNER. With that understanding, I support this provision and I 
believe it may be helpful in ensuring that this cleanup in the 
Narragansett Bay takes place, as it should.
  Mr. REED. Mr. President, I thank my colleagues for including this 
provision in the Water Resources Development Act. More than 100 
abandoned camels litter Narragansett Bay, creating a safety hazard for 
boaters and divers and contaminating the bay's water with creosote, 
which has been listed by the Environmental Protection Agency as a 
probable human carcinogen. Camels were commonly used as fendering 
systems at the Newport Navy Base, the Quonset Point Naval Air Station 
carrier pier, Davisville Naval Construction Battalion Center, and the 
Melville Fuel Depot. As my colleagues from Virginia and Oklahoma 
pointed out, this language clarifies that funding from the formerly 
used Defense sites' account could be used to remove abandoned marine 
camels located in the waters of formerly used Defense sites in 
Narragansett Bay, including removal of debris that is linked to a 
formerly used Defense site even if that debris has drifted off land and 
into the water. The ecological health and water quality of Narragansett 
Bay is vital to the economy of Rhode Island, and I believe that this 
language will aid in the cleanup of this precious natural resource.


                        Aquatic Nuisance Species

  Mr. LEVIN. Mr. President, as the leaders of this bill know, aquatic 
nuisance species cause unwanted and potentially harmful environmental 
changes in the Nation's waters. Aquatic nuisance species are introduced 
through various pathways, with ballast water on ships being the most 
predominant. Having a strong program to address the challenges 
presented by new introductions, allow rapid response actions, screen 
imports of aquatic organisms, and conduct research in all of these 
areas is extremely important and something this Congress needs to 
address.
  In an attempt to develop a system to confront the challenges 
presented by these species, Senator Collins and I have sponsored 
comprehensive legislation to address this issue. While the Water 
Resources Development Act addresses protecting our Nation's waters, my 
colleague from Maine and I have decided not to address the need for 
comprehensive aquatic nuisance species legislation in this bill because 
the Environment and Public Works Committee leadership has committed to 
try to move a comprehensive bill forward this year.
  Mr. INHOFE. I do understand the concerns about the impacts of aquatic 
nuisance species. I want to assure the Senate that it is my intention 
to resume discussions on a bill and try to bring a comprehensive bill 
to the Senate floor this year.
  Mr. LEVIN. I thank the chairman and ranking member for their 
commitment to continue the process and look forward to working with you 
and continuing the discussion on this issue.


               Comprehensive Everglades Restoration Plan

  Mr. MARTINEZ. Senator Inhofe, as you know, the 2000 WRDA bill 
authorized the Comprehensive Everglades Restoration Plan. CERP created 
a permanent and independent peer review panel. The process used to 
develop CERP had broad public and technical review and participation. 
Therefore, all CERP projects have already gone through an initial 
planning stage. However, there are approximately 50 CERP projects that 
still need additional authorization from Congress. During conference 
negotiations with the House, would you be willing to examine the impact 
of additional peer review on CERP projects and its current independent 
review process?
  Mr. INHOFE. Senator Martinez, I am aware of the CERP review process 
established in WRDA 2000, and during conference we will examine its 
established independent review process to ensure that Everglades 
restoration is not unduly impeded.
  Mr. MARTINEZ. Thank you, Senator Inhofe. I appreciate your leadership 
and diligence on this important issue.


                              Section 2019

  Mr. INHOFE. I am aware that section 2019 of the WRDA bill before us 
has some problems with how we have attempted to deal with balancing the 
needs of municipal water suppliers and hydroelectric power generation. 
Complicating the issue is how CBO has scored our proposals to achieve 
balance. I fully intend to resolve this issue and do not intend to 
preempt existing statutory authorities that govern the Corps' ability 
to reallocate storage and provide municipal and industrial water 
supply. I ask my colleague, the senior Senator from New Mexico, to 
accept my assurances that I will work towards a compromise that treats 
all parties fairly.
  Mr. DOMENICI. I thank my colleague for his efforts on these difficult 
issues

[[Page 14940]]

and appreciate his consideration of the importance of hydroelectric 
generation to the nation's power supply. I also appreciate his working 
with me to ensure that this has no unintended impact on existing 
authorities that govern the Corps' ability to reallocate storage. I 
look forward to working with the senior Senator from Oklahoma on these 
issues.


               Comprehensive Everglades Restoration Plan

  Mr. NELSON of Florida. Senator Feingold, as you know, the legislation 
establishing the Everglades Restoration Comprehensive Plan creates a 
permanent, independent peer review panel with extensive 
responsibilities for reviewing the Everglades restoration plan in 
detail. The Corps of Engineers has contracted with the National Academy 
of Sciences to establish that panel, and it has been working 
productively for years, issuing a number of major reports. Would this 
legislation create duplication with that panel?
  Mr. FEINGOLD. Senator Nelson, I am familiar with the excellent peer 
review system that has been established for the comprehensive 
Everglades project. In many ways, that peer review system is a model 
for this amendment. There is nothing in this amendment that would keep 
the Director of Independent Peer Review from determining that the 
Everglades peer review is the functional equivalent of the peer review 
or substitute for the peer review required by this amendment and 
satisfies this requirement. In many ways, the Everglades peer review 
goes beyond that required by this amendment, and works smoothly with 
the requirements of this amendment.
  Mr. NELSON of Florida. I appreciate and agree with your understanding 
of this amendment. I fully support the view that expensive 
controversial Corps of Engineers projects should be subject to 
independent peer review. In case there is any possible need for 
clarification of this issue, would the Senator from Wisconsin be 
willing to work with me during the conference on this bill?
  Mr. FEINGOLD. Absolutely.


                        POPLAR ISLAND EXPANSION

  Mr. SARBANES. Mr. President, I would like to engage the distinguished 
chairman in a colloquy with respect to the provisions in section 
1001(a)(20), authorizing the Poplar Island Expansion, Maryland.
  Mr. INHOFE. I would be happy to respond to the Senator from Maryland.
  Mr. SARBANES. I would simply like to clarify that it is the intent of 
the committee that this provision authorizes construction of a 575-acre 
addition to the existing 1,140-acre Poplar Island, MD, beneficial use 
of dredged material project which is presently under construction and 
authorizes an additional $256.1 million for that expansion.
  Mr. INHOFE. The Senator from Maryland is correct. Section 1001(a)(20) 
authorizes the Secretary to construct the expansion of the Poplar 
Island, MD, project in accordance with the Report of the Chief of 
Engineers dated March 31, 2006, at an additional total cost of 
$256,100,000. This will increase the overall environmental restoration 
project at Poplar Island from 1,140 acres to approximately 1,715 acres 
and bring the total cost of the existing project and the expansion 
project to $643.4 million, with an estimated Federal cost of $482.4 
million and an estimated non-Federal cost of $161 million.
  Mr. JEFFORDS. I concur that this is the committee's intent.
  Mr. SARBANES. I thank the chairman and ranking member for this 
clarification and for including this provision which is vitally 
important for the Port of Baltimore and the Chesapeake Bay.

  Mr. LAUTENBERG. Mr. President, I rise to speak in support of S. 728, 
the bill to reauthorize the Water Resources Development Act, WRDA.
  I want to join my colleagues in expressing my sincere appreciation to 
Environment and Public Works Committee Chairman Inhofe and Ranking 
Member Jeffords, and to Senator Bond, who chairs the Subcommittee on 
Transportation and Infrastructure, and Senator Baucus, who serves as 
the ranking member of the Subcommittee. I also want to commend their 
dedicated staff for their hard work and consideration on this important 
legislation. The leaders in our committee and their staff have 
literally worked for years to bring this bill to the floor for 
consideration, and they deserve credit for their patience and 
perseverance.
  I particularly thank Senator Inhofe and Senator Bond for the New 
Jersey project authorizations they have included in this bill. As do 
other States, New Jersey depends on the Army Corps to carry out 
projects that are vital to our economy. This bill contains 
authorizations for three important projects in New Jersey. The first is 
a South River storm damage and ecosystem restoration project. The 
second is a Raritan Bay and Sandy Hook Bay project at Union Beach which 
will address hurricane and storm damage and provide for beach 
nourishment over the 50-year life of the project. The third is a 
Manasquan to Barnegat Inlets project to address hurricane and storm 
damage and provide for beach nourishment over the 50-year life of the 
project.
  The bill also contains a contingent authorization for a Great Egg 
Harbor Inlet to Townsends Inlet project for hurricane and storm damage 
reduction and periodic nourishment over the 50-year life of the 
project. I also appreciate the bill managers' willingness to accept my 
language on the shore protection demonstration program. This program 
will help us learn how to nourish our shore in smarter and cheaper 
ways.
  While I supported the Feingold-McCain amendment regarding independent 
peer review, I hope this won't be construed to take anything away from 
the underlying bill or the hard work of its managers. The underlying 
bill is one that I am pleased to support, and I will vote for its final 
passage.
  Mr. AKAKA. Mr. President. I want to express my support of S. 728, the 
Water Resources Development Act, WRDA, of 2006. S. 728 authorizes the 
U.S. Army Corps of Engineers to study water resource problems, 
undertake construction projects, and make major modifications to 
existing projects. It has been 5 years since the last WRDA was enacted 
into law and I thank my colleague, the Senior Senator from Missouri, 
for his leadership in bringing this bill to the floor. This is a 
bipartisan piece of legislation that must be passed to address our 
Nation's critical navigation, flood control, and environmental 
restoration needs.
  I am a cosponsor of S. 728 because I recognize the need to authorize 
essential flood control, shore protection, dam safety, storm damage 
reduction, and environmental restoration projects. These projects 
carried out by the U.S. Army Corps of Engineers protect communities 
across the country from destruction caused by severe weather and 
flooding, and also promote protection and restoration of our Nation's 
ecosystems. In addition, the legislation establishes standards that 
balance the safety and interest of the public with the economic and 
environmental feasibility of projects.
  I am pleased that provisions from S. 2735, the Dam Safety Act of 
2006, which I introduced with Senator Bond, are included in the 
managers' amendment to S. 728. This will advance dam safety in the 
United States and prevent loss of life and property damage from dam 
failures at both the Federal and State programmatic levels. 
Specifically, the reauthorization of the National Dam Safety Program 
Act will provide much needed assistance to State dam safety programs 
that regulate 95 percent of the 80,000 dams in the United States. Of 
the approximately $13 million authorized annually through 2011, $8 
million will be divided among the States to improve safety programs and 
$2 million will be dedicated for research to identify more effective 
techniques to assess, construct, and monitor dams. In addition, 
$700,000 will be available for training assistance for State engineers, 
$1 million for the employment of new staff and personnel for Federal 
Emergency Management Agency, and $1 million for the National Inventory 
of Dams.
  An additional provision that mirrors S. 2444, the National Dam Safety 
Program Act, which I introduced with Senator Inouye, is included in S. 
728. This authorizes appropriations of $25 million for small dam 
removals and dam rehabilitation projects. Although the

[[Page 14941]]

amount included in S. 728 is not as large as in S. 2444, this is still 
an important first step in ensuring the safety of the public. I will 
continue to work with my colleagues to ensure that both public and 
private dams receive the maintenance they need.
  The cost of failing to maintain our Nation's dam infrastructure is 
extremely high. There have been at least 29 dam failures in the United 
States during the past 2 years causing more than $200 million in 
property damage. In my home State in March, the Ka Loko Dam, a 116-year 
earthen dam, on the island of Kauai breached during heavy rains killing 
seven people. This tragic event serves as an important reminder of the 
responsibility held by the State and local governments, but also of the 
leadership role of the Federal Government in supplementing State 
resources and developing national guidelines for dam safety.
  I urge my colleagues to join me in supporting S. 728. Again, I 
express my appreciation to my colleagues Senators Bond, Inhofe, 
Jeffords, Feingold, Boxer, Specter and McCain for their leadership in 
bringing this bill to the floor. This bill is essential in improving 
economic growth, safety, and the quality of life of all Americans.
  Mr. OBAMA. Mr. President, I rise today in strong support of the Water 
Resources Development Act. First, let me commend my colleague from 
across the Mississippi River, Senator Bond, for his efforts in bringing 
this bill to the floor. I was pleased to support his efforts in the 
Environment and Public Works Committee and to be an original cosponsor 
of this bill.
  Last year, Senator Bond and I worked together on a letter, signed by 
40 of our colleagues, saying it was time for this bill to be considered 
on the floor of the Senate. When we were told that 40 was not enough, 
that we needed 60 signatures, we came back and got 81.
  That was 7 months ago, and I am pleased that the Senate is now on the 
verge of passing this bill because this is an important bill both to my 
State of Illinois and to the entire country. It authorizes and revises 
the policies and practices of the U.S. Army Corps of Engineers in 
waterway navigation, including the construction of locks and dams, the 
construction of levees and wetlands restoration to promote flood 
control, and other ecosystem and environmental mitigation activities.
  For two decades, Congress has enacted revisions and updates to WRDA 
roughly every 2 years. It is now been 6 years since the last WRDA bill 
and, in light of the devastation wrought by Hurricanes Katrina and Rita 
last year, this bill is long overdue.
  Recently, the American Society of Civil Engineers conducted a report 
card of the Nation's infrastructure and gave a D-minus to our navigable 
waterways. More than 50 percent of our lock and dam systems in the 
United States are functionally obsolete, and that figure will rise to 
80 percent in the next 10 years.
  Now, if you are not from a farm State, you might not understand why 
navigable waterways are important to all of us. But a major component 
of the cost of farm commodities is the cost of transportation. That 
affects both the price of food that we buy in grocery stores and the 
price of homegrown fuels that fuel our cars. If U.S. agriculture is to 
remain competitive in the worldwide market during the 21st century, we 
need to improve our transportation infrastructure.
  Countries such as Brazil and China understand the importance of 
efficient commerce for their farmers and have made significant 
investments in improvements. Unfortunately, American farmers still rely 
on pre-World War II-era infrastructure when transporting their goods to 
market. When we talk about the responsibility of Congress and the U.S. 
Government to create jobs and economic development, upgrading these 
locks and dams is part of that responsibility.
  This bill provides $1.8 billion for lock and dam upgrades along these 
waterways to replace transportation infrastructure almost 70 years old. 
This is an important provision to Illinois farmers and to everyone 
around the world who uses the products that we grow in Illinois.
  The bill also provides an unprecedented $1.6 billion in Federal funds 
for ecosystem restoration along the Illinois and Mississippi Rivers to 
improve fish and wildlife habitat as well as land and water management.
  Finally, there is a small, but important, provision to authorize 
continued funding for the electric barriers that prevent the Asian carp 
from entering into the Great Lakes. The Asian carp is an invasive 
species with a voracious appetite that, if left unchecked, would 
disrupt the natural ecosystem in the Great Lakes and crowd out the 
native fish. Senator Voinovich and I were able to get a temporary fix 
put into the supplemental appropriations bill, but we need a more 
permanent guarantee of funding, and WRDA will provide just that.
  I will also take a minute to discuss the subject of reforming the 
Army Corps of Engineers. Serious questions have been raised as to how 
the Corps develops its calculations and analyses for projects. I 
believe that subjecting some projects to an independent review process 
is necessary to ensure that taxpayer dollars are used in the most 
effective manner.
  In closing, I commend Chairman Inhofe and Ranking Member Jeffords for 
their leadership, and I thank the EPW Committee staff for their fine 
efforts in preparing this bill. I am pleased to cosponsor this bill and 
urge my colleagues to support it as well.
  Mr. SARBANES. Mr. President, our Nation's waterways, harbors, and 
ports are vital to our economic prosperity, the safety of those who 
navigate our waters, and to our quality of life. It is estimated that 
one out of every five jobs in the United States is dependent, to some 
extent, on commercial activities handled by our ports and harbors. In 
many instances, ship and barge transport is the safest, cheapest, and 
cleanest transportation mode. Likewise, our waterways provide critical 
habitat for fish and wildlife, recreational opportunities for boaters, 
and contribute to the health and well-being of millions of people 
through their diversity, beauty, history, and natural environment. This 
legislation authorizes the U.S. Army Corps of Engineers to undertake 
water resource projects of great importance to our Nation's and our 
states' economy and maritime industry, public safety and to our 
environment.
  I am particularly pleased that the measure includes a number of 
provisions for which I have fought to help ensure the future health of 
the Port of Baltimore, the Chesapeake Bay, and Maryland's waterfront 
communities. With more than 4,000 miles of shoreline around the 
Chesapeake Bay and Atlantic Ocean, 126 miles of deepwater shipping 
channels leading to the Port of Baltimore, some 70 small navigation 
projects critical to commercial and recreational fisherman and to local 
and regional economies, Maryland is a State which relies heavily on the 
navigation, flood control, and environmental restoration programs of 
the U.S. Army Corps of Engineers. Over the years, I and other members 
of the Maryland congressional delegation have worked hard to maintain 
and improve the Federal channel system--serving the Port of Baltimore 
and other communities throughout Maryland, to address the severe 
shoreline erosion problems on Maryland's Atlantic Coast, and to bring 
the Army Corps of Engineers' expertise to bear in the restoration of 
the Chesapeake Bay and Maryland's rivers and streams. While other ports 
are just now beginning to deepen their channels to 45 or 50 feet, we 
succeeded in deepening the port's main shipping channel to 50 feet 16 
years ago making navigation safer, easier, and cheaper for ships using 
the channel and assuring that the route can handle the deep draft bulk 
cargo carriers in use today.
  We recently completed two critical safety improvements to the Port's 
channel system--the straightening of the Tolchester ``S'' turn and the 
widening and deepening of the Brewerton channel eastern extension--as 
well as some long-needed improvements to Baltimore harbor's anchorages 
and branch channels. We constructed a hurricane protection project at 
Ocean City, MD to help protect the citizens

[[Page 14942]]

and the billions of dollars in public and private infrastructure in the 
area and restored the beach at the north end of Assateague Island 
National Seashore. We also completed numerous environmental restoration 
projects throughout the Chesapeake Bay watershed from Jennings Randolph 
Lake in western Maryland to the Poplar Island Environmental Restoration 
Project--the largest and most environmentally significant island 
habitat restoration project ever undertaken in the Chesapeake Bay. 
These projects would not have taken place without the authorities and 
funding provided in previous Water Resources Development Acts. The 
measure before us will enable several, much-needed water resource 
infrastructure projects in Maryland to move forward.
  First, the bill authorizes a 50-percent expansion of the Poplar 
Island environmental restoration project, to provide additional dredged 
material capacity for the Port of Baltimore and additional habitat for 
the Chesapeake Bay's wildlife. Initially authorized by section 537 of 
the Water Resources Development Act, WRDA, of 1996, the Poplar Island 
project has proved to be a tremendous success and a model for the 
Nation on how to dispose of dredged material.
  Instead of the traditional practice of treating the dredged material 
as a waste and dumping it overboard, we are putting approximately 40 
million cubic yards of clean dredged material from the shipping 
channels leading to the Port of Baltimore into a productive use, 
restoring 1,140 acres of remote island habitat in the Chesapeake Bay, 
creating a haven for fish and wildlife, and helping reduce sediment 
degradation of the Bay's water quality. This represents a win-win 
situation for two of Maryland's most important assets--the Port of 
Baltimore and the Chesapeake Bay.
  Last year, the Army Corps of Engineers completed two studies--a 
Baltimore Harbor and Channels Dredged Material Plan, DMMP, and an 
integrated General Reevaluation Report, GRR/Supplemental Environmental 
Impact Statement, SEIS, on the Poplar Island Environmental Restoration 
Project--which identified a critical need for new dredged material 
placement capacity for the Port of Baltimore by 2009 in order to meet 
Federal and State of Maryland requirements and recommended the 
expansion of Poplar Island as a preferred alternatives for addressing 
the dredged material capacity gap in an economically and 
environmentally sound manner. A subsequent Chief's Report submitted to 
Congress on March 31, 2006, recommended a 575-acre expansion of the 
existing Poplar Island and the raising of the island's existing upland 
cells to add approximately 28 million cubic yards of dredged material 
placement capacity and extend the project life by approximately 7 
years. This measure authorizes the expansion of the existing Poplar 
Island project as recommended in the Chief's Report. It authorizes 
$256.1 million for the expansion project, bringing the total cost of 
the existing project and the expansion project to $643.4 million, with 
an estimated Federal cost of $482.4 million and an estimated non-
Federal cost of $161 million. The Poplar Island environmental 
restoration project has been a top priority of mine, of the Maryland 
Port Administration and of the shipping and environmental communities 
for many years, and I am delighted that this legislation will enable us 
to move forward with the expansion of this project.
  Second, the bill contains three additional provisions authorizing a 
total of nearly $100 million which are critical to our continuing 
efforts to restore the Chesapeake Bay. It reauthorizes and expands a 
program that we established in section 510 of WRDA 1996 known as the 
Chesapeake Bay Environmental Restoration and Protection Program, 
raising the authorized funding from the current level of $10 million to 
$30 million. It increases the funding for Chesapeake Bay native oyster 
restoration to $50 million--a $20 million increase over current levels. 
And it authorizes the Smith Island ecosystem restoration project to 
reverse the tremendous loss of wetlands and submerged aquatic 
vegetation around Smith Island, MD.
  In 1984, the U.S. Army Corps of Engineers completed a comprehensive 
study--the first such study ever undertaken--of the present and future 
uses and problems of Chesapeake Bay's water and related land resources. 
Since then the Corps has undertaken or participated in a variety of 
projects to help restore the Chesapeake Bay's water quality and living 
resources, including sewage treatment plant upgrades, making beneficial 
use of dredged materials, removing impediments to fish passage, 
mitigating the impacts of shoreline erosion, and restoring wetlands, 
habitat and oyster reefs. But despite these efforts, the Chesapeake 
Bay's health continues to languish.
  To restore the integrity of the ecosystem and to meet the goals 
established in the Chesapeake 2000 Agreement, nutrient and sediment 
loads must be significantly reduced, oyster populations must be 
increased, SAV and wetlands must be protected and restored, and 
remaining blockages to fish passage must be removed, among other 
actions. As the lead Federal agency in water resource management, the 
Corps has a vital role to play in this endeavor, and the programs 
authorized in this measure will enable the Corps to continue to 
participate in this effort. The funding increase provided for the 
Chesapeake Bay Environmental Restoration and Protection Program will 
allow the Corps to expand design and construction assistance to State 
and local authorities for a variety of environmental restoration 
projects in the bay. The additional funds provided for native oyster 
restoration will help support the Chesapeake 2000's goal of increasing 
oyster populations by tenfold by the year 2010. And the new authority 
to construct the Smith Island environmental restoration projects will 
help stem the alarming loss of SAV and wetlands along the coastline of 
Martin National Wildlife Refuge and Smith Island, protecting 
approximately 720 acres and restoring about 1,400 acres of valuable 
habitat.
  Third, the measure provides the funding necessary to complete the C&O 
Canal rewatering project in Cumberland, MD. In 1952 a 1.2-mile section 
of the historic C&O Canal and turning basin at its Cumberland terminus 
was filled in by the Corps of Engineers during construction of the 
Cumberland, MD, and Ridgely, WV, flood protection project. The National 
Park Service and State and local authorities have long sought to 
rebuild and rewater the C&O Canal in this area to restore the integrity 
of the historic canal and assist in revitalizing the area as a major 
hub for tourism and environmentally sound economic development. The 
Corps investigated the feasibility of reconstructing and rewatering the 
turning basin and canal near its terminus and determined that it is 
feasible to rewater the canal successfully without compromising the 
flood protection for the city of Cumberland.
  Subsequently, Senator Mikulski and I secured a provision in WRDA 1999 
authorizing the Corps to construct this project at a then-estimated 
total project cost of $15 million. Those estimates were based on a 50-
percent design document completed in 1998. Since that time, the 
estimated cost of the project has increased due, in large part, to the 
finding of archeological objects and petroleum in the canal turning 
basin and prism as well as design refinements. The provisions included 
in this bill increase the authorized funding level for the project from 
$15 million to $25.75 million and will ensure that the full 1.2-mile 
section of canal and turning basin are completed.
  Fourth, the bill contains provisions to facilitate the restoration of 
the Anacostia River, one of the most degraded rivers in the Chesapeake 
Bay watershed and in the Nation.
  Through a cooperative and coordinated Federal, State, local, and 
private effort, significant progress has been made over the past decade 
to restore the Anacostia watershed. Today there are more than 60 local, 
State, and Federal agencies involved in Anacostia watershed restoration 
efforts, and more than $100 million in Federal, State, and local funds 
have been invested in this

[[Page 14943]]

endeavor. The U.S. Army Corps of Engineers has played a key role in 
improving tidal waterflow through the marsh, reducing the concentration 
of nitrogen and phosphorus, and restoring wetlands, but the job of 
restoring the Anacostia watershed is far from complete. The provisions 
in this legislation require the Secretary of the Army, in coordination 
with the Mayor of the District of Columbia, the Governor of Maryland, 
the county executives of Montgomery County and Prince George's County, 
MD, and other stakeholders, to develop and make available to the public 
a 10-year comprehensive action plan to provide for the restoration and 
protection of the ecological integrity of the Anacostia River and its 
tributaries.
  I wish to compliment the distinguished chairmen of the committee and 
the subcommittee, Senators Inhofe and Bond, and the ranking members, 
Senators Jeffords and Baucus, for including these provisions and for 
their work on this legislation. This legislation is long overdue, and I 
urge my colleagues to join me in supporting this measure.
  Mr. HARKIN. Mr. President, I am very pleased that we are finally 
going to conclude the Water Resources Development Act. My hope is that 
the conference with the House can be completed before the Congress 
recesses in early October. This is a good bill, providing for flood 
control, improvements to navigation, and considerable improvements to 
the environment. The bill also provides some real improvements to the 
way the Corps works.
  I am very pleased that the bill includes improvements for navigation 
and environmental improvements for the Upper Mississippi River. It 
includes five expanded locks, a number of long-overdue efficiency 
improvements, and a major boost to the Corps of Engineers' 
environmental programs. I was pleased to work with Senator Bond to 
develop this important and very balanced proposal. The unfortunate 
thing is that our Upper Mississippi lock and dam measure was first 
introduced in 2004 and then made a part of the Senate WRDA bill that 
year. But we are only now getting a chance to move it to the Senate 
floor.
  I have been deeply involved with navigation because of its importance 
to farmers in Iowa and across the upper Midwest. River transportation 
is critical to keeping commodity costs low enough to remain 
competitive.
  When shipping on the river is constrained, costs rise. When that 
happens, prices for moving bulk farm commodities by alternative means, 
mainly rail, go up as well. These price differentials seem relatively 
small compared to the total price, but they make a huge difference in 
farm income.
  Clearly, river traffic on the Mississippi is incredibly important to 
producers in my State and elsewhere in the upper Midwest. As a result 
of traffic congestion on the Mississippi, producers face longer 
shipping times, which are very costly. Clearly, traffic management and 
helper boats to push long barges through crowded locks will be very 
helpful, and this bill will help that happen. In the long run, though, 
that won't be enough. It is incredibly important that we address ways 
to modernize a number of the locks on the upper Mississippi.
  And we face substantial improvements from our competitors in their 
transportation capabilities, particularly in Brazil. I visited there a 
few years ago and saw firsthand how Brazil was rapidly moving to 
improve its Amazon River facilities. In contrast, we are sitting with 
60-year-old locks that raise our costs.
  I would also note that moving goods like corn down to the Gulf by 
river instead of by rail, and building material up from the Gulf in the 
same manner means considerable saving in fuel both lowering costs and 
air pollution.
  Existing law requires exhaustive analysis of future river use levels 
decades into the future. The studies required for such predictions are, 
by their nature, highly speculative at best. While many have been 
critical of the methods of the U.S. Army Corps of Engineers, the Corps 
is essential to our ability to compete, to ensure that we keep the 
arteries and veins of America's river transportation system in smooth 
running order. We must remain competitive. We cannot wait any longer to 
authorize construction for 1,200-foot locks so barge tows can move 
through the upper Mississippi and Illinois without being split.
  Of course, navigation needs cannot be our sole concern. Over the 
years, I have heard time and time again from constituents and national 
leaders concerned about the environment, about the need to maintain a 
balance among navigation, flood control and the environment. Habitat 
for many species--indeed, the Mississippi River ecosystem as a whole--
has deteriorated since the construction of the original lock system in 
the 1930's.
  The Mississippi River is home to a wide variety of fish and birds, as 
well as other wildlife. These animals and abundant plant life are 
important to the character and life of the Mississippi River. 
Approximately, 40 percent of North America's waterfowl and shorebirds 
use the Mississippi Flyway.
  Parts of the Upper Mississippi River may serve as the most important 
area for migrating diving ducks in the United States. And the 
Mississippi River serves as habitat for breeding and wintering birds, 
including the bald eagle.
  We are all aware of the problems that have plagued the Corps' actions 
on the Mississippi River. However, the Corps has pledged and is putting 
a much stronger emphasis on environmental protection. We need to work 
with the Corps to ensure that all updates and renovations of the locks 
and dams are done with the utmost care for the environment and the 
wildlife that depends on the Mississippi River habitat.
  In addition to that mitigation, we need to give the Corps the 
authorization and the funding it needs to accomplish real ecosystem 
restoration, and not just make up for the lost habitat of specific 
identified species. The legislation we are proposing does just that.
  This is going to be a challenge in these difficult budget times, but 
not to do so would be penny-wise and pound-foolish. We need to be 
thinking both of the long-term economic health of our agricultural 
producers and shippers, in tandem with the long-term health of the 
diverse ecosystems on the river.
  I would like to note that I am pleased that bill authorizes 
improvements to the Des Moines flood control system. Des Moines 
suffered major flooding in 1993 and clearly needs the improvements to 
reduce the chance of flooding in the future.
  I believe the legislation we are proposing strikes the correct 
balance. I urge our colleagues to support this important bill.
  Mr. DURBIN. Mr. Presient, I thank Chairman Inhofe and Senator 
Jeffords and both of their staffs for their tireless effort writing 
this bill. It has not been an easy bill to write due to the many 
competing demands on water resources as well as interests regarding 
Corps reform.
  Traditionally, Congress passes WRDA every 2 years, ensuring that the 
Corps of Engineers can stay current in studying the most pressing water 
resource problems, constructing projects, and modifying existing 
projects to meet various needs across the country.
  We have been waiting 6 long years for a bill to reauthorize 
navigation, ecosystem restoration, fish and wildlife conservation, and 
flood and storm damage reduction projects all over the country.
  Today, I am pleased to see this bill on the floor of the Senate, a 
measure that is the product of bipartisan negotiations and has the 
support of 80 Senators.
  I strongly support this legislation.
  Most significant to my home State of Illinois is the bill's 
authorization of navigation improvements and restoration of the 
ecosystem of the Upper Mississippi River and Illinois Waterway System. 
This project will increase lock capacity and improve the ecosystem of 
both the Upper Mississippi River and the Illinois River.
  Specifically, this bill authorizes improvements to Locks 12, 14, 18, 
20, 22, and 24 on the Mississippi River. It also authorizes the 
construction of 7 new 1,200-foot locks at Locks 20, 21, 22, 24,

[[Page 14944]]

and 25 on the Mississippi River and at the LaGrange and Peoria Locks on 
the Illinois River. Many of the locks on the rivers were built nearly 
70 years ago and are in desperate need of an overhaul. Inland waterway 
shipping relies on the successful operation of these locks. Frequent 
delays caused by the antiquated lock system increase shipping costs, 
which hurts American farmers.
  Updating these locks is critical for industry and agriculture in the 
Midwest and in my home State of Illinois. Every year, the river moves 
$12 billion worth of products. It moves 1 billion bushels of grain--
about 60 percent of all grain exports--to ports around the world. More 
than half of Illinois' annual corn crop and 75 percent of all U.S. 
soybean exports travel via the Upper Mississippi/Illinois River system. 
Shipping via barge keeps exports competitive and reduces transportation 
costs. That is good for producers and consumers. In addition, increased 
barge shipping displaces shipments by rail and truck, which lowers 
transportation costs for all businesses nationwide.
  There are significant cost savings and environmental benefits to 
updating these locks as well. Barges operate at 10 percent of the cost 
of trucks and 40 percent of the cost of rail traffic. They also emit 
much less carbon monoxide, nitrous oxide, and hydrocarbons, and use 
less fuel to transport the equivalent tonnage of products.
  It is estimated that the construction of the 7 locks will create 48 
million man-hours of jobs and provide 3,000 to 6,000 jobs per year, 
including many high-paying manufacturing jobs. Currently, in the Upper 
Mississippi River Basin alone, more than 400,000 jobs are connected to 
the river. This includes 90,000 well-paid manufacturing jobs.
  In addition, this project manages to balance the navigation needs of 
commercial shippers on our inland waterways with ecosystem restoration. 
Quite simply, this project authorizes the most ambitious ecosystem 
restoration project in the history of the Corps of Engineers. At a time 
when many believe this waterway is losing its habitats and eco-
diversity, this $1.65 billion ecosystem restoration project is an 
important step toward fostering wildlife and natural habitats along the 
inland waterway system.
  This restoration project will restore over 100,000 acres of habitat 
and create new recreational opportunities and additional jobs in the 
area.
  Ecosystem restoration projects that are authorized in this bill 
include flood plain restoration, island building, construction of fish 
passages, island and shoreline protection and tributary confluence 
restoration, among others. When this project was developed, I worked 
diligently to ensure that the natural ecosystem of the Mississippi and 
Illinois Rivers received the same attention as the navigational needs 
of the area.
  I also thank the managers of this bill for the inclusion of a project 
that is critically important to Illinois as well as the entire Great 
Lakes region--the authorization to make permanent the Chicago Sanitary 
and Ship Canal Dispersal Barrier system. This project is critical to 
protecting the Great Lakes from the Asian Carp, an invasive species now 
found in the Mississippi River. Asian carp can grow to 4 feet, weigh 60 
pounds, and are capable of consuming up to 40 percent of their body 
weight in plankton per day. While the Mississippi River and the Great 
Lakes were once separate water systems, the construction of the Chicago 
Sanitary and Ship Canal connected these two water bodies. Today, the 
Asian carp threatens a $4.1 billion sport and commercial fishing 
industry in the Great Lakes. Permanent operation of the barrier system 
to prevent the Asian carp from entering the waters of the Great Lakes 
is critical to the protection of this valuable ecosystem. I appreciate 
the inclusion of language in this bill that recognizes the threat of 
the Asian carp and the need to protect the Great Lakes ecosystem from 
this invasive species.
  Finally, we must recognize that Hurricane Katrina was a wake-up call; 
one that requires us in Congress to take those steps that ensure we 
don't witness another Katrina-type disaster caused by a failure of 
engineering, analysis or any other failure of oversight. We must ensure 
that projects meant to protect the public wellbeing do just that. This 
bill is critically important to the agricultural interests in my State. 
I will encourage the advancement of this bill through Congress and am 
committed to seeing that it is sent to the President.
  Mr. FEINGOLD. Mr. President, when a bill like this one comes to the 
floor, especially after 6 years, there are so many people to thank. 
First, I want to thank the support of my principal cosponsor, the 
Senator from Arizona, Mr. McCain, who has worked with me since the 
108th Congress.
  I know he shares my view that future Corps projects should no longer 
fail to produce predicted benefits, should stop costing the taxpayers 
more than the Corps estimated, should not have unanticipated 
environmental impacts, and should be built in an environmentally 
compatible way.
  He saw the importance of ensuring that the Corps does a better job, 
which is what the taxpayers and the environment deserve. He and his 
staffer, Becky Jensen, deserve commendation.
  I am particularly grateful for the help and support of the chairman 
of the committee, Mr. Inhofe. He directed his staff to work closely 
with mine, and Ruth Van Mark, Angie Giancarlo, and Steven Aaron did so 
ably, and I thank them, and the majority staff director, Andy Wheeler.
  I would also be remiss if I did not acknowledge the support of 
another former EPW chairman, the former Senator from New Hampshire, Mr. 
Smith. It was he who brought conservative groups and taxpayer groups to 
the table on these issues, honored my request for a hearing in 2002 
along with then-Ranking Member Baucus, and I am deeply grateful.
  I want to thank our current esteemed and retiring ranking member, the 
Senator from Vermont, Mr. Jeffords. This may be the committee's last 
major bill this Congress, and he is to be commended for his leadership.
  He and I have spoken personally about my interests in improving the 
Corps, and I am grateful for his support.
  Several of the minority staff of the committee have been working on 
the issues I am raising in my amendments since my first independent 
review amendment on the 2000 WRDA bill. At the time, Jo-Ellen Darcy 
worked on the committee for the Senator from Montana, Mr. Baucus, who 
was then the ranking member, and she has followed my interest in these 
issues for Senator Baucus, Senator Reid, and now Senator Jeffords.
  I also want to acknowledge the help and support of several others on 
the minority staff, Catharine Ransom, Alison Taylor, Ken Connolly, and 
Mary Frances Repko, who worked for me until 2003, and provided 
invaluable help to me with my first Corps reform bill in the 107th 
Congress and the WRDA amendment that preceded it.
  I also have a long history working with the Senator from Missouri, 
Mr. Bond, on Corps issues. I appreciate the effort that he, and his 
staffers, Brian Klippenstein and Letmon Lee, have made to improve the 
Corps' performance.
  Our work together goes back to 1999. The reauthorization of the 
Environmental Management Program in the Upper Mississippi was the only 
permanent authorization in WRDA 99. Included in the final EMP 
provisions was a requirement that Senator Bond and I developed to have 
the Corps create an independent technical advisory committee to review 
EMP projects, monitoring plans, and habitat and natural resource needs 
assessments. Our work helped to cement the Environment Committee's 
commitment to secure outside technical advice in Corps habitat 
restoration programs, like the EMP.
  The amendments I offered to the WRDA bill are widely supported in the 
environmental and taxpayer community, and several individuals have 
worked hard for this day, including Chelsea Maxwell, former staffer to 
the retired Senator from New Hampshire, Mr. Smith, and now with 
National Wildlife Federation, Adam Kolton, David Conrad and Tim Eder 
with National Wildlife Federation, Joan

[[Page 14945]]

Mulhern with Earth Justice, Melissa Samet with American Rivers, Steve 
Ellis and Jill Lancelot with Taxpayers for Common Sense, Tim 
Searchinger with Environmental Defense, and Pete Sepp and Kristina 
Rasmussen with the National Taxpayers Union.
  Finally, I want to thank my own staff. My staffer, Jessica Maher, has 
worked tirelessly on this legislation. She has talked to countless 
offices and constituents, and has worked to address their concerns and 
questions with grace and good humor, as has Mike Schmidt, another 
member of my staff. I am deeply grateful to Jess and to her 
predecessor, Heather White.
  Mr. JEFFORDS. Mr. President, while we are nearing completion of this 
bill, I would like to take a few minutes to highlight some of the 
projects in the bill for my State of Vermont.
  Throughout our work on this bill, I have worked to find a way to use 
the Army Corps of Engineers' expertise in a series of ``Vermont style'' 
projects. I believe we have succeeded.
  This bill would provide $67 million in new authorities for the State 
of Vermont. Vermonters identified four major priorities for the Corps 
during my discussions with them: keep Vermont projects in the Vermont 
style, continue ongoing Lake Champlain efforts, address Connecticut 
River issues, and find a way to repair or eliminate the thousands of 
small dams throughout the State creating flood hazards and causing 
ecosystem damage. This bill addresses each of these areas.
  First, during our discussion on the WRDA bill, I advocated strongly 
for an increase in the authorization for small ecosystem restoration 
projects like those in Vermont. In this bill, we increase that program 
from $25 million to $50 million, allowing smaller, Vermont-scale 
projects to move forward.
  Second, we have continued our ongoing support of the Lake Champlain 
program, authorized in WRDA 2000, by adding $2 million in authority for 
geographic mapping and $10 million for streambank stabilization 
projects to protect water quality. We also authorize a study of the 
Lake Champlain Canal dispersal barrier to help prevent invasive species 
from entering the lake.
  Third, this bill includes major changes for the Connecticut River. We 
authorize $30 million for modifications to existing Corps dams on the 
Connecticut River to regulate flow and temperature to mitigate impacts 
on aquatic habitat and fisheries. The bill also includes a $20 million 
authorization for ecosystem restoration on the Upper Connecticut River 
and $5 million for a wetlands restoration partnership.
  Finally, the WRDA bill includes both nationwide and Vermont-specific 
programs for small dam remediation, removal, and rehabilitation. I 
authored a continuing authority for small dams that allows $25 million 
to be used for small dam removal or rehabilitation. I joined my 
colleagues, Senators Kerry and Kennedy, as a cosponsor of this 
provision as a stand-alone bill, S. 1887. In addition, the existing 
Vermont dams remediation authority is expanded to allow for measures to 
restore, protect, and preserve an ecosystem affected by one of the dams 
included in the program.
  When I first took over as chairman of this Committee in 2001, I 
started working with the State of Vermont to identify how we could get 
the Corps more involved in Vermont. At first blush, this seemed 
counterintuitive to me, and to many Vermonters. After all, early on in 
my career as the States attorney general, I led efforts to derail 
several major flood control dams proposed by the Corps for the Moose 
River, White River, and Saxtons River.
  Did we really want to open the door again? At the time, my answer 
was, and still remains, a guarded yes.
  In my opening statement when WRDA reached the Senate floor on 
Tuesday, I referenced some of the reforms contained in the underlying 
bill as well as some of the amendments proposed by Senator Feingold 
that will further improve the Corps. However, over the last 30 years, 
the Corps has made much progress. Ecosystem restoration is a defined 
mission area. Continuing authorities programs allow small-scale 
projects, like the ones usually found in Vermont, to proceed without 
the excessive bureaucracy that smallest States tend to dread.
  Beginning in 2003, I held a series of annual workshops with the New 
England and the New York districts, the State of Vermont, and local 
stakeholders at multiple locations in Vermont. The first year we were 
in Bennington, Norwich, and Barrer, and the second year we were in 
Norwich and Burlington.
  The projects included in this bill for Vermont are a direct result of 
those workshops, and I thank everyone who helped make them possible. 
Specifically, I thank LTC Brian Green, Acting New England District 
Commander; John Kennelly, Chief of Planning, and Bobby Byrne, Chief of 
Programs and Civil Project Management with the New England District.
  With the New York District, I thank COL John O'Dowd, the former 
District Commander; COL Richard Polo, the current District Commander; 
Gene Brickman, Deputy Chief of the Planning Division; Paul Tumminello, 
the Waterbury Dam Project Manager; and Jason Shea, the Lake Champlain 
Basin Program Coordinator.
  In addition, from the North Atlantic Division, BG Bo Temple, the 
former Division Commander; Joseph Vietri, the Planning Director; and 
Stuart Piken, the former Project Management Chief at Division and the 
current New York District Deputy District Engineer for Project 
Management.
  Finally, I thank Rob Vining, formerly with Army Corps Headquarters.
  Mr. President, I especially thank my colleagues on the EPW Committee, 
particularly Senators Baucus, Bond, and Inhofe, for working with me on 
these critical priorities, and I look forward to the enactment of the 
Water Resources Development Act of 2006.
  Mr. COBURN. Mr. President, I thank you for having this important 
debate regarding our Nation's aging infrastructure and for allowing 
this body to discuss the merits of Corps of Engineers reform.
  As you know, I supported allowing this bill to come to the Senate 
floor for consideration. Congress has not passed a water resources 
authorization bill since 2000, and particularly in the wake of 
Hurricane Katrina, this debate is long overdue. While many attempted to 
derail consideration of this debate, I did not because I believed that 
we must have this discussion in the open.
  That being said, I have deep concerns regarding the legislation that 
is before us today. Specifically, I am concerned that we are missing a 
historic opportunity to incorporate the many lessons learned since the 
last WRDA bill passed in 2000. Consider the following developments that 
highlight the critical need for reform of the Corps of Engineers:

       The Government Accountability Office (GAO) reported in 
     March 2006 that ``the cost benefit analyses performed by the 
     Corps to support decisions on Civil Works projects . . . were 
     generally inadequate to provide a reasonable basis for 
     deciding whether to proceed with the project . . .'' GAO-06-
     529T--Corps of Engineers: Observations on Planning and 
     Project Management Processes for the Civil Works Program 
     (March 15, 2006)
       In remarking on the fact that the Corps reprogrammed over 
     $2.1 billion through 7,000 reprogramming actions in fiscal 
     years 2003 and 2004, the GAO noted that the Corps' practice 
     was often ``not necessary'' and is ``reflect[ive] of poor 
     planning and an absence of Corps-wide priorities for its 
     Civil Works priorities.'' GAO-06-529T--Corps of Engineers: 
     Observations on Planning and Project Management Processes for 
     the Civil Works Program (March 15, 2006)
       In a report to Congress in 2003 regarding the Sacramento 
     flood protection project, the GAO found that the Corps used 
     ``an inappropriate methodology to calculate the value of 
     protected properties'' and failed to properly report expected 
     cost increases. Consider the projected costs for the three 
     primary Sacramento projects: the Common Features Project 
     increased from $57 million in 1996 to $370 million in 2002; 
     the American Features project increased from $44 million in 
     1996 to $143 million in 2002; and the Natomis Basin component 
     has ballooned from an early estimated cost of $13 million, to 
     $212 million in 2002. GAO-04-30--Corps of Engineers: Improved 
     Analysis of Costs & Benefits Needed for the Sacramento Flood 
     Control Project.
       Thanks to a Corps whistleblower and a subsequent 
     investigation by the Army inspector

[[Page 14946]]

     general, we know that the Corps: ``manipulated the economic 
     analyses of the feasibility study being conducted on the 
     Upper Mississippi lock expansion project in order to steer 
     the study to a specific outcome.'' Furthermore, the 
     investigation revealed that a Corps official knowingly 
     directed that ``mathematically flawed'' data be used to 
     justify the project. High-ranking Corps officials also were 
     criticized for giving ``preferential treatment to the barge 
     industry . . .'' by allowing industry representatives to 
     become direct participants in the economic analysis.'' U.S. 
     Office of Special Counsel: Statement of Elaine Kaplan. 
     Special Counsel, U.S. Office of Special Counsel (December 
     2000).

  I could add several more examples, including the many lessons we have 
learned in the wake of Katrina, but my point is clear: the processes 
used for project justification, for long-term planning, for cost 
containment, and for project accountability are fundamentally flawed 
and do not serve the best interests of American taxpayers. For too 
long, we have allowed project costs to soar, routinely accepted 
inaccurate studies to justify large projects, and rarely, if ever, 
asked the tough questions of Corps officials.
  Congress plays a central role in the oversight of all Federal 
agencies, and with respect to the Corps, we have failed taxpayers 
miserably. Why? Perhaps a better question would be to ask who benefits 
most from lax congressional oversight. I would argue that Members 
themselves are the real winners. We get the projects we want, 
regardless of the cost or the overall impact on critical national 
infrastructure, and the Corps is allowed to operate as it pleases. This 
environment--with every incentive for construction and little or no 
incentive for accountability--is a recipe for disasters of all sorts.
  The only way to fix this problem in the long term is to bring fiscal 
transparency and oversight to this process.
  First and foremost, we have to develop our ability to prioritize 
authorized Corps projects. The Corps currently faces a $58 billion 
dollar project backlog that will take many decades to resolve, and this 
bill will add over $10 billion more to that backlog. Many worthwhile 
projects, already debated and authorized by previous Congresses, 
languish in the annual competition for appropriations. Taking their 
place in line are politically popular projects that rarely address 
vital national infrastructure needs. Again, we are failing taxpayers.
  I am pleased to see the amendment offered by my colleagues, Senators 
Feingold and McCain, that will squarely address this lack of 
prioritization. The tools that will be provided by this amendment will 
strengthen the ability of Members of Congress to analyze the hundreds 
of authorized Corps projects and determine which are in the best 
interests of our Nation. Congress maintains its discretion to fund 
whichever projects it deems most appropriate, but we will do so with an 
abundance of new data that will highlight critical national 
infrastructural needs. Funds are increasingly limited, and we have a 
responsibility to prioritize projects based on their impact.
  Second, in our efforts to improve this important process, Congress 
must consider ways to bring greater oversight to the Corps. The many 
instances of wrongdoing in the Corps project justification process make 
clear that we must do better. With billions of dollars at stake and 
often thousands of lives hanging in the balance, we simply cannot allow 
for manipulation and undue influence in the justification study 
process.
  Again, I am pleased to see the efforts of Senators McCain and 
Feingold in addressing this void. The Corps has proven itself incapable 
of mending these problems on its own, and nowhere is this more apparent 
than in the project justification process. It is imperative that 
outside experts, with no stake in large-scale construction proposals, 
be allowed to review these types of Corps studies. While I may have 
designed the amendment in a slightly different manner, I look forward 
to supporting the McCain-Feingold approach that will allow for a truly 
independent and time-sensitive review by a panel of experts. At the end 
of the day, Congress still makes the final decision on which projects 
to fund, and in no way will this amendment impact our constitutional 
obligations or slow project construction. We can still fund wasteful 
and inefficient spending if we so desire. If we pass this amendment, at 
least we will ensure that the studies we cite are accurate. We owe that 
to the American public.
  I am grateful to my colleagues for the countless hours they have 
spent in putting this bill together. I know the road that led to this 
debate today was not an easy one, and it has been a long and difficult 
journey. As we embark on this debate and in our legitimate desire to 
pass this legislation, however, we must not overlook the critical need 
for Corps reform. The many lessons we have learned since WRDA 2000 are 
as numerous as they are pressing. The Corps of Engineers is staffed by 
many dedicated and hard-working Americans, many of whom are in my 
State. The agency itself, however, is ailing and demands our attention. 
If the Corps is to continue to meet the mandate it has been given and 
serve the needs of the American taxpayer, we must not move forward 
without the incorporation of new oversight and transparency.
  America's waterways and flood control projects have played an 
important role in protecting our communities and in spurring 
agricultural and industrial commerce. Unless we can reform the Corps, 
though, their impact will increasingly diminish. As it stands today, 
the Corps is not accountable to Congress, and ultimately, it is not 
accountable to the American taxpayer. We have a historic opportunity to 
change this environment, and we must seize it.
  Mr. LIEBERMAN. Mr. President, I rise today in support of amendment 
No. 4684, the McCain-Feingold-Prioritization amendment, to the Water 
Resources Development Act.
  The city of New Orleans has been under a constant threat of flooding 
from the ``big one'' ever since it was founded in 1718. Though the city 
has survived, its flood control defenses have been tested and 
occasionally overwhelmed. There was the great flood of 1927 when the 
Mississippi River spilled into the city, and there was Hurricane Betsy 
in 1965, which, according to Senator Russell Long of Louisiana, 
``picked up ... [Lake Pontchartrain] and put it inside New Orleans and 
Jefferson Parish.''
  In the same year that Betsy inundated the city, Congress authorized a 
hurricane protection project to protect the city. That project was 
supposed to take 13 years, cost $85 million, and, according to the Army 
Corps, protect greater New Orleans from the equivalent of a fast-moving 
category 3 hurricane.
  In the Senate Homeland Security and Governmental Affairs Committee's 
investigation into the preparation for and response to Hurricane 
Katrina, our committee learned that that project was still a decade or 
more away from completion--close to 50 years after this body authorized 
its construction--and the total cost of the project had ballooned to 
more than $750 million. In addition, the project did not provide the 
level of protection for New Orleans and the region that it was expected 
to provide.
  There were many reasons for the delay, including natural ones such as 
the subsidence of the land in southeastern Louisiana. Building levees 
in this part of the country required the Army Corps to return time and 
time again to add additional layers to the levees, known as lifts, to 
accommodate for the sinking soils.
  But there were also manmade reasons for the delay, such as the 
absence of Federal funding. In recent years, local Army Corps officials 
have had to scramble to move these Louisiana hurricane protection 
projects forward. Local Army Corps officials had to urge local levee 
boards to contact their congressional delegation to ask for financial 
help to restore levees to their original design height, and on two 
recent occasions, the Army Corps had to rely on the local levee 
districts, which share in the cost of these projects, to advance them 
money so they could continue construction of segments of the hurricane 
protection system.

[[Page 14947]]

  As the Corps of Engineers' own Interagency Performance Evaluation 
Taskforce, or IPET, investigators observed, if one part of the levee 
system comes up short, it can compromise the entire protection system. 
Yet this levee system, which was supposed to be protecting one of 
America's most vulnerable cities, was never finished, and as a result, 
when Katrina hit last August, dire consequences ensued.
  We learned from Katrina that there is a need to focus limited Federal 
resources on finishing flood control projects that are critical to our 
Nation's health, safety, and welfare. The Army Corps' current process 
to do this is inadequate. As the GAO testified before the House in 
March, ``The Corps' planning and project management processes cannot 
ensure that national priorities are appropriately established across 
the hundreds of civil works projects that are competing for scarce 
federal resources.''
  The McCain-Feingold amendment on prioritization, which I am proud to 
cosponsor, will address this problem by requiring the Water Resources 
Planning Coordinating Committee, which the underlying WRDA Bill already 
establishes for other purposes to evaluate the importance of Corps 
projects in three different categories--storm damage reduction 
projects, navigation projects, and environmental restoration projects. 
The amendment also requires the committee to rank projects in each 
category so that Congress, and the Corps itself, can determine what 
projects are the most important to pursue and most worthy of funding. 
The Coordinating Committee will then submit its report to Congress and 
make the report available to the public.
  With that information, Congress can make better decisions about how 
to spend scarce Federal resources on critical infrastructure projects 
across the country. We have to learn from Katrina and we should never 
again allow a project that is so critical to the very livelihood of so 
many to languish because we did not give it the priority it deserved.
  I know many of my colleagues are concerned that this amendment will 
remove authority from individual Members about how to spend Army Corps 
dollars. I understand that concern, but the reality is that the Corps 
has more work to do than funding to do it. This WRDA bill will add 
another $10 to $12 billion in Army Corps projects on top of the 
estimated $58 billion in backlogged Army Corps projects that are 
authorized but not yet funded. Without some system of prioritizing 
projects, as this amendment would require, we run the risk of another 
Katrina-like situation where critical projects are not given the 
priority they deserve. On the other hand, by requiring the Corps to 
prioritize projects in each category--flood control, navigation, and 
environmental restoration--we can ensure that there is a balance among 
the types of projects that are funded and that the most important and 
cost-effective projects in each category get the attention they 
deserve.
  Water resources projects are important to each and every State, but 
we need to heed the lessons of Katrina and make sure that we spend our 
tax dollars where they are most needed.
  I urge my colleagues to support this critical amendment.
  Mr. BOND. Mr. President, we have been advised by both sides a voice 
vote would suffice on this measure. Many Members want to be recorded, 
but if we all speak loudly we can do that without going through the 
time of a rollcall vote.
  I suggest to my colleague from Vermont, if his side is happy with it, 
we accept a voice vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of H.R. 2864; all after the enacting 
clause is stricken, and the text of S. 728, as amended, is inserted in 
lieu thereof, and the bill is read the third time.
  The question is, Shall it pass?
  The bill (H.R. 2864), as amended, was passed as follows:

                               H.R. 2864

         Resolved, That the bill from the House of Representatives 
     (H.R. 2864) entitled ``An Act to provide for the conservation 
     and development of water and related resources, to authorize 
     the Secretary of the Army to construct various projects for 
     improvements to rivers and harbors of the United States, and 
     for other purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 2006''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                   TITLE I--WATER RESOURCES PROJECTS

Sec. 1001. Project authorizations.
Sec. 1002. Enhanced navigation capacity improvements and ecosystem 
              restoration plan for the Upper Mississippi River and 
              Illinois Waterway System.
Sec. 1003. Louisiana Coastal Area ecosystem restoration, Louisiana.
Sec. 1004. Small projects for flood damage reduction.
Sec. 1005. Small projects for navigation.
Sec. 1006. Small projects for aquatic ecosystem restoration.

                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

Sec. 2001. Credit for in-kind contributions.
Sec. 2002. Interagency and international support authority.
Sec. 2003. Training funds.
Sec. 2004. Fiscal transparency report.
Sec. 2005. Planning.
Sec. 2006. Water Resources Planning Coordinating Committee.
Sec. 2007. Independent peer review.
Sec. 2008. Mitigation for fish and wildlife losses.
Sec. 2009. State technical assistance.
Sec. 2010. Access to water resource data.
Sec. 2011. Construction of flood control projects by non-Federal 
              interests.
Sec. 2012. Regional sediment management.
Sec. 2013. National shoreline erosion control development program.
Sec. 2014. Shore protection projects.
Sec. 2015. Cost sharing for monitoring.
Sec. 2016. Ecosystem restoration benefits.
Sec. 2017. Funding to expedite the evaluation and processing of 
              permits.
Sec. 2018. Electronic submission of permit applications.
Sec. 2019. Improvement of water management at Corps of Engineers 
              reservoirs.
Sec. 2020. Federal hopper dredges.
Sec. 2021. Extraordinary rainfall events.
Sec. 2022. Wildfire firefighting.
Sec. 2023. Nonprofit organizations as sponsors.
Sec. 2024. Project administration.
Sec. 2025. Program administration.
Sec. 2026. National Dam Safety Program reauthorization.
Sec. 2027. Extension of shore protection projects.

              Subtitle B--Continuing Authorities Projects

Sec. 2031. Navigation enhancements for waterbourne transportation.
Sec. 2032. Protection and restoration due to emergencies at shores and 
              streambanks.
Sec. 2033. Restoration of the environment for protection of aquatic and 
              riparian ecosystems program.
Sec. 2034. Environmental modification of projects for improvement and 
              restoration of ecosystems program.
Sec. 2035. Projects to enhance estuaries and coastal habitats.
Sec. 2036. Remediation of abandoned mine sites.
Sec. 2037. Small projects for the rehabilitation and removal of dams.
Sec. 2038. Remote, maritime-dependent communities.
Sec. 2039. Agreements for water resource projects.
Sec. 2040. Program names.

               Subtitle C--National Levee Safety Program

Sec. 2051. Short title.
Sec. 2052. Definitions.
Sec. 2053. National Levee Safety Committee.
Sec. 2054. National Levee Safety Program.
Sec. 2055. Authorization of appropriations.

                 TITLE III--PROJECT-RELATED PROVISIONS

Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 3002. Sitka, Alaska.
Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 3004. Rio de Flag, Flagstaff, Arizona.
Sec. 3005. Augusta and Clarendon, Arkansas.
Sec. 3006. Red-Ouachita River Basin levees, Arkansas and Louisiana.
Sec. 3007. St. Francis Basin, Arkansas and Missouri.
Sec. 3008. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3009. McClellan-Kerr Arkansas River Navigation System, Arkansas 
              and Oklahoma.
Sec. 3010. Cache Creek Basin, California.
Sec. 3011. CALFED Levee stability program, California.
Sec. 3012. Hamilton Airfield, California.

[[Page 14948]]

Sec. 3013. LA-3 dredged material ocean disposal site designation, 
              California.
Sec. 3014. Larkspur Ferry Channel, California.
Sec. 3015. Llagas Creek, California.
Sec. 3016. Magpie Creek, California.
Sec. 3017. Pine Flat Dam fish and wildlife habitat, California.
Sec. 3018. Redwood City navigation project, California.
Sec. 3019. Sacramento and American Rivers flood control, California.
Sec. 3020. Conditional declaration of nonnavigability, Port of San 
              Francisco, California.
Sec. 3021. Salton Sea restoration, California.
Sec. 3022. Santa Barbara Streams, Lower Mission Creek, California.
Sec. 3023. Upper Guadalupe River, California.
Sec. 3024. Yuba River Basin project, California.
Sec. 3025. Charles Hervey Townshend Breakwater, New Haven Harbor, 
              Connecticut.
Sec. 3026. Anchorage area, New London Harbor, Connecticut.
Sec. 3027. Norwalk Harbor, Connecticut.
Sec. 3028. St. George's Bridge, Delaware.
Sec. 3029. Christina River, Wilmington, Delaware.
Sec. 3030. Designation of Senator William V. Roth, Jr. Bridge, 
              Delaware.
Sec. 3031. Additional program authority, comprehensive Everglades 
              restoration, Florida.
Sec. 3032. Brevard County, Florida.
Sec. 3033. Critical restoration projects, Everglades and south Florida 
              ecosystem restoration, Florida.
Sec. 3034. Lake Okeechobee and Hillsboro Aquifer pilot projects, 
              comprehensive Everglades restoration, Florida.
Sec. 3035. Lido Key, Sarasota County, Florida.
Sec. 3036. Port Sutton Channel, Tampa Harbor, Florida.
Sec. 3037. Tampa Harbor, Cut B, Tampa, Florida.
Sec. 3038. Allatoona Lake, Georgia.
Sec. 3039. Dworshak Reservoir improvements, Idaho.
Sec. 3040. Little Wood River, Gooding, Idaho.
Sec. 3041. Port of Lewiston, Idaho.
Sec. 3042. Cache River Levee, Illinois.
Sec. 3043. Chicago, Illinois.
Sec. 3044. Chicago River, Illinois.
Sec. 3045. Illinois River Basin restoration.
Sec. 3046. Missouri and Illinois flood protection projects 
              reconstruction pilot program.
Sec. 3047. Spunky Bottom, Illinois.
Sec. 3048. Strawn Cemetery, John Redmond Lake, Kansas.
Sec. 3049. Milford Lake, Milford, Kansas.
Sec. 3050. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, 
              and West Virginia.
Sec. 3051. McAlpine Lock and Dam, Kentucky and Indiana.
Sec. 3052. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 3053. Regional visitor center, Atchafalaya Basin Floodway System, 
              Louisiana.
Sec. 3054. Calcasieu River and Pass, Louisiana.
Sec. 3055. East Baton Rouge Parish, Louisiana.
Sec. 3056. Mississippi River Gulf Outlet relocation assistance, 
              Louisiana.
Sec. 3057. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 3058. Camp Ellis, Saco, Maine.
Sec. 3059. Union River, Maine.
Sec. 3060. Chesapeake Bay environmental restoration and protection 
              program, Maryland, Pennsylvania, and Virginia.
Sec. 3061. Cumberland, Maryland.
Sec. 3062. Aunt Lydia's Cove, Massachusetts.
Sec. 3063. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 3064. St. Clair River and Lake St. Clair, Michigan.
Sec. 3065. Duluth Harbor, Minnesota.
Sec. 3066. Red Lake River, Minnesota.
Sec. 3067. Bonnet Carre Freshwater Diversion Project, Mississippi and 
              Louisiana.
Sec. 3068. Land exchange, Pike County, Missouri.
Sec. 3069. L-15 levee, Missouri.
Sec. 3070. Union Lake, Missouri.
Sec. 3071. Fort Peck Fish Hatchery, Montana.
Sec. 3072. Lower Yellowstone project, Montana.
Sec. 3073. Yellowstone River and tributaries, Montana and North Dakota.
Sec. 3074. Lower Truckee River, McCarran Ranch, Nevada.
Sec. 3075. Middle Rio Grande restoration, New Mexico.
Sec. 3076. Long Island Sound oyster restoration, New York and 
              Connecticut.
Sec. 3077. Orchard Beach, Bronx, New York.
Sec. 3078. New York Harbor, New York, New York.
Sec. 3079. Missouri River restoration, North Dakota.
Sec. 3080. Lower Girard Lake Dam, Girard, Ohio.
Sec. 3081. Toussaint River Navigation Project, Carroll Township, Ohio.
Sec. 3082. Arcadia Lake, Oklahoma.
Sec. 3083. Lake Eufaula, Oklahoma.
Sec. 3084. Release of retained rights, interests, and reservations, 
              Oklahoma.
Sec. 3085. Oklahoma lakes demonstration program, Oklahoma.
Sec. 3086. Waurika Lake, Oklahoma.
Sec. 3087. Lookout Point project, Lowell, Oregon.
Sec. 3088. Upper Willamette River Watershed ecosystem restoration.
Sec. 3089. Tioga Township, Pennsylvania.
Sec. 3090. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 3091. Narragansett Bay, Rhode Island.
Sec. 3092. South Carolina Department of Commerce development proposal 
              at Richard B. Russell Lake, South Carolina.
Sec. 3093. Missouri River restoration, South Dakota.
Sec. 3094. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 3095. Anderson Creek, Jackson and Madison Counties, Tennessee.
Sec. 3096. Harris Fork Creek, Tennessee and Kentucky.
Sec. 3097. Nonconnah Weir, Memphis, Tennessee.
Sec. 3098. Old Hickory Lock and Dam, Cumberland River, Tennessee.
Sec. 3099. Sandy Creek, Jackson County, Tennessee.
Sec. 3100. Cedar Bayou, Texas.
Sec. 3101. Denison, Texas.
Sec. 3102. Freeport Harbor, Texas.
Sec. 3103. Harris County, Texas.
Sec. 3104. Connecticut River restoration, Vermont.
Sec. 3105. Dam remediation, Vermont.
Sec. 3106. Lake Champlain Eurasian milfoil, water chestnut, and other 
              nonnative plant control, Vermont.
Sec. 3107. Upper Connecticut River Basin wetland restoration, Vermont 
              and New Hampshire.
Sec. 3108. Upper Connecticut River Basin ecosystem restoration, Vermont 
              and New Hampshire.
Sec. 3109. Lake Champlain watershed, Vermont and New York.
Sec. 3110. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 3111. Tangier Island Seawall, Virginia.
Sec. 3112. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 3113. Lower Granite Pool, Washington.
Sec. 3114. McNary Lock and Dam, McNary National Wildlife Refuge, 
              Washington and Idaho.
Sec. 3115. Snake River project, Washington and Idaho.
Sec. 3116. Whatcom Creek Waterway, Bellingham, Washington.
Sec. 3117. Lower Mud River, Milton, West Virginia.
Sec. 3118. McDowell County, West Virginia.
Sec. 3119. Green Bay Harbor project, Green Bay, Wisconsin.
Sec. 3120. Underwood Creek Diversion Facility Project, Milwaukee 
              County, Wisconsin.
Sec. 3121. Oconto Harbor, Wisconsin.
Sec. 3122. Mississippi River headwaters reservoirs.
Sec. 3123. Lower Mississippi River Museum and Riverfront Interpretive 
              Site.
Sec. 3124. Pilot program, Middle Mississippi River.
Sec. 3125. Upper Mississippi River system environmental management 
              program.
Sec. 3126. Upper basin of Missouri River.
Sec. 3127. Great Lakes fishery and ecosystem restoration program.
Sec. 3128. Great Lakes remedial action plans and sediment remediation.
Sec. 3129. Great Lakes tributary models.
Sec. 3130. Upper Ohio River and Tributaries Navigation System new 
              technology pilot program.

                           TITLE IV--STUDIES

Sec. 4001. Eurasian milfoil.
Sec. 4002. National port study.
Sec. 4003. McClellan-Kerr Arkansas River Navigation Channel.
Sec. 4004. Los Angeles River revitalization study, California.
Sec. 4005. Nicholas Canyon, Los Angeles, California.
Sec. 4006. Oceanside, California, shoreline special study.
Sec. 4007. Comprehensive flood protection project, St. Helena, 
              California.
Sec. 4008. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman 
              Island, California.
Sec. 4009. South San Francisco Bay shoreline study, California.
Sec. 4010. San Pablo Bay Watershed restoration, California.
Sec. 4011. Fountain Creek, North of Pueblo, Colorado.
Sec. 4012. Selenium study, Colorado.
Sec. 4013. Promontory Point third-party review, Chicago Shoreline, 
              Chicago, Illinois.
Sec. 4014. Vidalia Port, Louisiana.
Sec. 4015. Lake Erie at Luna Pier, Michigan.
Sec. 4016. Middle Bass Island State Park, Middle Bass Island, Ohio.
Sec. 4017. Jasper County port facility study, South Carolina.
Sec. 4018. Johnson Creek, Arlington, Texas.
Sec. 4019. Lake Champlain Canal study, Vermont and New York.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 5001. Lakes program.
Sec. 5002. Estuary restoration.
Sec. 5003. Delmarva conservation corridor, Delaware and Maryland.
Sec. 5004. Susquehanna, Delaware, and Potomac River Basins, Delaware, 
              Maryland, Pennsylvania, and Virginia.

[[Page 14949]]

Sec. 5005. Anacostia River, District of Columbia and Maryland.
Sec. 5006. Chicago Sanitary and Ship Canal Dispersal Barriers project, 
              Illinois.
Sec. 5007. Rio Grande environmental management program, Colorado, New 
              Mexico, and Texas.
Sec. 5008. Missouri River and tributaries, mitigation, recovery and 
              restoration, Iowa, Kansas, Missouri, Montana, Nebraska, 
              North Dakota, South Dakota, and Wyoming.
Sec. 5009. Lower Platte River watershed restoration, Nebraska.
Sec. 5010. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
              terrestrial wildlife habitat restoration, South Dakota.
Sec. 5011. Connecticut River dams, Vermont.

                   TITLE VI--PROJECT DEAUTHORIZATIONS

Sec. 6001. Little Cove Creek, Glencoe, Alabama.
Sec. 6002. Goleta and vicinity, California.
Sec. 6003. Bridgeport Harbor, Connecticut.
Sec. 6004. Bridgeport, Connecticut.
Sec. 6005. Hartford, Connecticut.
Sec. 6006. New Haven, Connecticut.
Sec. 6007. Inland waterway from Delaware River to Chesapeake Bay, part 
              II, installation of fender protection for bridges, 
              Delaware and Maryland.
Sec. 6008. Shingle Creek Basin, Florida.
Sec. 6009. Brevoort, Indiana.
Sec. 6010. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 6011. Lake George, Hobart, Indiana.
Sec. 6012. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 6013. Muscatine Harbor, Iowa.
Sec. 6014. Big South Fork National River and recreational area, 
              Kentucky and Tennessee.
Sec. 6015. Eagle Creek Lake, Kentucky.
Sec. 6016. Hazard, Kentucky.
Sec. 6017. West Kentucky tributaries, Kentucky.
Sec. 6018. Bayou Cocodrie and tributaries, Louisiana.
Sec. 6019. Bayou LaFourche and LaFourche Jump, Louisiana.
Sec. 6020. Eastern Rapides and South-Central Avoyelles Parishes, 
              Louisiana.
Sec. 6021. Fort Livingston, Grand Terre Island, Louisiana.
Sec. 6022. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, 
              Louisiana.
Sec. 6023. Red River Waterway, Shreveport, Louisiana to Daingerfield, 
              Texas.
Sec. 6024. Casco Bay, Portland, Maine.
Sec. 6025. Northeast Harbor, Maine.
Sec. 6026. Penobscot River, Bangor, Maine.
Sec. 6027. Saint John River Basin, Maine.
Sec. 6028. Tenants Harbor, Maine.
Sec. 6029. Grand Haven Harbor, Michigan.
Sec. 6030. Greenville Harbor, Mississippi.
Sec. 6031. Platte River flood and related streambank erosion control, 
              Nebraska.
Sec. 6032. Epping, New Hampshire.
Sec. 6033. Manchester, New Hampshire.
Sec. 6034. New York Harbor and adjacent channels, Claremont Terminal, 
              Jersey City, New Jersey.
Sec. 6035. Eisenhower and Snell Locks, New York.
Sec. 6036. Olcott Harbor, Lake Ontario, New York.
Sec. 6037. Outer Harbor, Buffalo, New York.
Sec. 6038. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 6039. Cleveland Harbor 1958 Act, Ohio.
Sec. 6040. Cleveland Harbor 1960 Act, Ohio.
Sec. 6041. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.
Sec. 6042. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 6043. Schuylkill River, Pennsylvania.
Sec. 6044. Tioga-Hammond Lakes, Pennsylvania.
Sec. 6045. Tamaqua, Pennsylvania.
Sec. 6046. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 6047. Quonset Point-Davisville, Rhode Island.
Sec. 6048. Arroyo Colorado, Texas.
Sec. 6049. Cypress Creek-Structural, Texas.
Sec. 6050. East Fork channel improvement, Increment 2, east fork of the 
              Trinity River, Texas.
Sec. 6051. Falfurrias, Texas.
Sec. 6052. Pecan Bayou Lake, Texas.
Sec. 6053. Lake of the Pines, Texas.
Sec. 6054. Tennessee Colony Lake, Texas.
Sec. 6055. City Waterway, Tacoma, Washington.
Sec. 6056. Kanawha River, Charleston, West Virginia.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Army.

                   TITLE I--WATER RESOURCES PROJECTS

     SEC. 1001. PROJECT AUTHORIZATIONS.

       (a) Projects With Chief's Reports.--Except as otherwise 
     provided in this section, the following projects for water 
     resources development and conservation and other purposes are 
     authorized to be carried out by the Secretary substantially 
     in accordance with the plans, and subject to the conditions, 
     described in the respective reports designated in this 
     section:
       (1) Haines harbor, alaska.--The project for navigation, 
     Haines Harbor, Alaska: Report of the Chief of Engineers dated 
     December 20, 2004, at a total estimated cost of $13,700,000, 
     with an estimated Federal cost of $10,960,000 and an 
     estimated non-Federal cost of $2,740,000.
       (2) Rillito river (el rio antiguo), pima county, arizona.--
     The project for ecosystem restoration, Rillito River (El Rio 
     Antiguo), Pima County, Arizona: Report of the Chief of 
     Engineers dated December 22, 2004, at a total cost of 
     $75,200,000, with an estimated Federal cost of $48,400,000 
     and an estimated non-Federal cost of $26,800,000.
       (3) Santa cruz river, paseo de las iglesias, arizona.--The 
     project for ecosystem restoration, Santa Cruz River, Pima 
     County, Arizona: Report of the Chief of Engineers dated March 
     28, 2006, at a total cost of $94,400,000, with an estimated 
     Federal cost of $61,200,000 and an estimated non-Federal cost 
     of $33,200,000.
       (4) Tanque verde creek, arizona.--The project for ecosystem 
     restoration, Tanque Verde Creek, Arizona: Report of the Chief 
     of Engineers dated July 22, 2003, at a total cost of 
     $5,706,000, with an estimated Federal cost of $3,706,000 and 
     an estimated non-Federal cost of $2,000,000.
       (5) Salt river (va shlyay akimel), maricopa county, 
     arizona.--
       (A) In general.--The project for ecosystem restoration, 
     Salt River (Va Shlyay Akimel), Arizona: Report of the Chief 
     of Engineers dated January 3, 2005, at a total cost of 
     $156,700,000, with an estimated Federal cost of $101,600,000 
     and an estimated non-Federal cost of $55,100,000.
       (B) Coordination with federal reclamation projects.--The 
     Secretary, to the maximum extent practicable, shall 
     coordinate the development and construction of the project 
     described in subparagraph (A) with each Federal reclamation 
     project located in the Salt River Basin to address statutory 
     requirements and the operations of those projects.
       (6) Hamilton city, california.--The project for flood 
     damage reduction and ecosystem restoration, Hamilton City, 
     California: Report of the Chief of Engineers dated December 
     22, 2004, at a total cost of $50,600,000, with an estimated 
     Federal cost of $33,000,000 and estimated non-Federal cost of 
     $17,600,000.
       (7) Imperial beach, california.--The project for storm 
     damage reduction, Imperial Beach, California: Report of the 
     Chief of Engineers dated December 30, 2003, at a total cost 
     of $13,300,000, with an estimated Federal cost of $8,500,000 
     and an estimated non-Federal cost of $4,800,000, and at an 
     estimated total cost of $41,100,000 for periodic beach 
     nourishment over the 50-year life of the project, with an 
     estimated Federal cost of $20,550,000 and an estimated non-
     Federal cost of $20,550,000.
       (8) Matilija dam, ventura county, california.--The project 
     for ecosystem restoration, Matilija Dam and Ventura River 
     Watershed, Ventura County, California: Report of the Chief of 
     Engineers dated December 20, 2004, at a total cost of 
     $139,600,000, with an estimated Federal cost of $86,700,000 
     and an estimated non-Federal cost of $52,900,000.
       (9) Middle creek, lake county, california.--The project for 
     flood damage reduction and ecosystem restoration, Middle 
     Creek, Lake County, California: Report of the Chief of 
     Engineers dated November 29, 2004, at a total cost of 
     $43,630,000, with an estimated Federal cost of $28,460,000 
     and an estimated non-Federal cost of $15,170,000.
       (10) Napa river salt marsh, california.--
       (A) In general.--The project for ecosystem restoration, 
     Napa River Salt Marsh, California, at a total cost of 
     $103,012,000, with an estimated Federal cost of $65,600,000 
     and an estimated non-Federal cost of $37,412,000, to be 
     carried out by the Secretary substantially in accordance with 
     the plans and subject to the conditions recommended in the 
     final report signed by the Chief of Engineers on December 22, 
     2004.
       (B) Administration.--In carrying out the project authorized 
     by this paragraph, the Secretary shall--
       (i) construct a recycled water pipeline extending from the 
     Sonoma Valley County Sanitation District Waste Water 
     Treatment Plant and the Napa Sanitation District Waste Water 
     Treatment Plant to the project; and
       (ii) restore or enhance Salt Ponds 1, 1A, 2, and 3.
       (C) Transfer of ownership.--On completion of salinity 
     reduction in the project area, the Secretary shall transfer 
     ownership of the pipeline to the non-Federal interest at the 
     fully depreciated value of the pipeline, less--
       (i) the non-Federal cost-share contributed under 
     subparagraph (A); and
       (ii) the estimated value of the water to be provided as 
     needed for maintenance of habitat values in the project area 
     throughout the life of the project.
       (11) South platte river, denver, colorado.--The project for 
     ecosystem restoration, Denver County Reach, South Platte 
     River, Denver, Colorado: Report of the Chief of Engineers 
     dated May 16, 2003, at a total cost of $21,050,000, with an 
     estimated Federal cost of $13,680,000 and an estimated non-
     Federal cost of $7,370,000.
       (12) Indian river lagoon, south florida.--
       (A) In general.--The Secretary may carry out the project 
     for ecosystem restoration, water supply, flood control, and 
     protection of water quality, Indian River Lagoon, south 
     Florida, at a total cost of $1,365,000,000, with an estimated 
     first Federal cost of $682,500,000 and an estimated first 
     non-Federal cost of $682,500,000, in accordance with section 
     601 of the Water Resources Development Act of 2000 (114 Stat. 
     2680) and the recommendations of the report of the Chief of 
     Engineers dated August 6, 2004.
       (B) Deauthorizations.--As of the date of enactment of this 
     Act, the following projects are not authorized:

[[Page 14950]]

       (i) The uncompleted portions of the project authorized by 
     section 601(b)(2)(C)(i) of the Water Resources Development 
     Act of 2000 (114 Stat. 2682), C-44 Basin Storage Reservoir of 
     the Comprehensive Everglades Restoration Plan, at a total 
     cost of $147,800,000, with an estimated Federal cost of 
     $73,900,000 and an estimated non-Federal cost of $73,900,000.
       (ii) The uncompleted portions of the project authorized by 
     section 203 of the Flood Control Act of 1968 (Public Law 90-
     483; 82 Stat. 740), Martin County, Florida, modifications to 
     Central and South Florida Project, as contained in Senate 
     Document 101, 90th Congress, 2d Session, at a total cost of 
     $15,471,000, with an estimated Federal cost of $8,073,000 and 
     an estimated non-Federal cost of $7,398,000.
       (iii) The uncompleted portions of the project authorized by 
     section 203 of the Flood Control Act of 1968 (Public Law 90-
     483; 82 Stat. 740), East Coast Backpumping, St. Lucie-Martin 
     County, Spillway Structure S-311 of the Central and South 
     Florida Project, as contained in House Document 369, 90th 
     Congress, 2d Session, at a total cost of $77,118,000, with an 
     estimated Federal cost of $55,124,000 and an estimated non-
     Federal cost of $21,994,000.
       (13) Miami harbor, miami, florida.--The project for 
     navigation, Miami Harbor, Miami, Florida: Report of the Chief 
     of Engineers dated April 25, 2005, at a total cost of 
     $125,270,000, with an estimated Federal cost of $75,140,000 
     and an estimated non-Federal cost of $50,130,000.
       (14) Picayune strand, florida.--The project for ecosystem 
     restoration, Picayune Strand, Florida: Report of the Chief of 
     Engineers dated September 15, 2005, at a total cost of 
     $362,260,000 with an estimated Federal cost of $181,130,000 
     and an estimated non-Federal cost of $181,130,000.
       (15) East st. louis and vicinity, illinois.--The project 
     for ecosystem restoration and recreation, East St. Louis and 
     Vicinity, Illinois: Report of the Chief of Engineers dated 
     December 22, 2004, at a total cost of $201,600,000, with an 
     estimated Federal cost of $130,600,000 and an estimated non-
     Federal cost of $71,000,000.
       (16) Peoria riverfront, illinois.--The project for 
     ecosystem restoration, Peoria Riverfront, Illinois: Report of 
     the Chief of Engineers dated July 28, 2003, at a total cost 
     of $17,760,000, with an estimated Federal cost of $11,540,000 
     and an estimated non-Federal cost of $6,220,000.
       (17) Des moines and raccoon rivers, des moines, iowa.--The 
     project for flood damage reduction, Des Moines and Raccoon 
     Rivers, Des Moines, Iowa: Report of the Chief of Engineers 
     dated March 28, 2006, at a total cost of $10,500,000, with an 
     estimated Federal cost of $6,800,000 and an estimated non-
     Federal cost of $3,700,000.
       (18) Bayou sorrel lock, louisiana.--The project for 
     navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief 
     of Engineers dated January 3, 2005, at a total cost of 
     $9,500,000. The costs of construction of the project are to 
     be paid \1/2\ from amounts appropriated from the general fund 
     of the Treasury and \1/2\ from amounts appropriated from the 
     Inland Waterways Trust Fund.
       (19) Morganza to the gulf of mexico, louisiana.--
       (A) In general.--The project for hurricane and storm damage 
     reduction, Morganza to the Gulf of Mexico, Louisiana: Reports 
     of the Chief of Engineers dated August 23, 2002, and July 22, 
     2003, at a total cost of $841,100,000 with an estimated 
     Federal cost of $546,300,000 and an estimated non-Federal 
     cost of $294,800,000.
       (B) Operation and maintenance.--The operation, maintenance, 
     repair, rehabilitation, and replacement of the Houma 
     Navigation Canal lock complex and the Gulf Intracoastal 
     Waterway floodgate features that provide for inland waterway 
     transportation shall be a Federal responsibility, in 
     accordance with section 102 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2212; Public Law 99-662).
       (20) Poplar island expansion, maryland.--The project for 
     the beneficial use of dredged material at Poplar Island, 
     Maryland, authorized by section 537 of the Water Resources 
     Development Act of 1996 (110 Stat. 3776), and modified by 
     section 318 of the Water Resources Development Act of 2000 
     (114 Stat. 2678), is further modified to authorize the 
     Secretary to construct the project in accordance with the 
     Report of the Chief of Engineers dated March 31, 2006, at a 
     total cost of $256,100,000, with an estimated Federal cost of 
     $192,100,000 and an estimated non-Federal cost of 
     $64,000,000.
       (21) Smith island, maryland.--The project for ecosystem 
     restoration, Smith Island, Maryland: Report of the Chief of 
     Engineers dated October 29, 2001, at a total cost of 
     $14,500,000, with an estimated Federal cost of $9,425,000 and 
     an estimated non-Federal cost of $5,075,000.
       (22) Swope park industrial area, missouri.--The project for 
     flood damage reduction, Swope Park Industrial Area, Missouri: 
     Report of the Chief of Engineers dated December 30, 2003, at 
     a total cost of $16,900,000, with an estimated Federal cost 
     of $10,990,000 and an estimated non-Federal cost of 
     $5,910,000.
       (23) Manasquan to barnegat inlets, new jersey.--The project 
     for hurricane and storm damage reduction, Manasquan to 
     Barnegat Inlets, New Jersey: Report of the Chief of Engineers 
     dated December 30, 2003, at a total cost of $70,340,000, with 
     an estimated Federal cost of $45,720,000 and an estimated 
     non-Federal cost of $24,620,000, and at an estimated total 
     cost of $117,100,000 for periodic beach nourishment over the 
     50-year life of the project, with an estimated Federal cost 
     of $58,550,000 and an estimated non-Federal cost of 
     $58,550,000.
       (24) Raritan bay and sandy hook bay, union beach, new 
     jersey.--The project for hurricane and storm damage 
     reduction, Raritan Bay and Sandy Hook Bay, Union Beach, New 
     Jersey: Report of the Chief of Engineers dated January 4, 
     2006, at a total cost of $112,640,000, with an estimated 
     Federal cost of $73,220,600 and an estimated non-Federal cost 
     of $39,420,000, and at an estimated total cost of $6,400,000 
     for periodic nourishment over the 50-year life of the 
     project, with an estimated Federal cost of $2,300,000 and an 
     estimated non-Federal cost of $4,100,000.
       (25) South river, new jersey.--The project for hurricane 
     and storm damage reduction and ecosystem restoration, South 
     River, New Jersey: Report of the Chief of Engineers dated 
     July 22, 2003, at a total cost of $120,810,000, with an 
     estimated Federal cost of $78,530,000 and an estimated non-
     Federal cost of $42,280,000.
       (26) Southwest valley, albuquerque, new mexico.--The 
     project for flood damage reduction, Southwest Valley, 
     Albuquerque, New Mexico: Report of the Chief of Engineers 
     dated November 29, 2004, at a total cost of $24,000,000, with 
     an estimated Federal cost of $15,600,000 and an estimated 
     non-Federal cost of $8,400,000.
       (27) Montauk point, new york.--The project for hurricane 
     and storm damage reduction, Montauk Point, New York: Report 
     of the Chief of Engineers dated March 31, 2006, at a total 
     cost of $14,070,000, with an estimated Federal cost of 
     $7,035,000 and an estimated non-Federal cost of $7,035,000.
       (28) Bloomsburg, pennsylvania.--The project for flood 
     damage reduction, Bloomsburg, Pennsylvania: Report of the 
     Chief of Engineers dated January 25, 2006, at a total cost of 
     $43,300,000, with an estimated Federal cost of $28,150,000 
     and an estimated non-Federal cost of $15,150,000.
       (29) Corpus christi ship channel, corpus christi, texas.--
       (A) In general.--The project for navigation and ecosystem 
     restoration, Corpus Christi Ship Channel, Texas, Channel 
     Improvement Project: Report of the Chief of Engineers dated 
     June 2, 2003, at a total cost of $188,110,000, with an 
     estimated Federal cost of $87,810,000 and an estimated non-
     Federal cost of $100,300,000.
       (B) Navigational servitude.--In carrying out the project 
     under subparagraph (A), the Secretary shall enforce 
     navigational servitude in the Corpus Christi Ship Channel, 
     including, at the sole expense of the owner of the facility, 
     the removal or relocation of any facility obstructing the 
     project.
       (30) Gulf intracoastal waterway, brazos river to port 
     o'connor, matagorda bay re-route, texas.--The project for 
     navigation, Gulf Intracoastal Waterway, Brazos River to Port 
     O'Connor, Matagorda Bay Re-Route, Texas: Report of the Chief 
     of Engineers dated December 24, 2002, at a total cost of 
     $17,280,000. The costs of construction of the project are to 
     be paid \1/2\ from amounts appropriated from the general fund 
     of the Treasury and \1/2\ from amounts appropriated from the 
     Inland Waterways Trust Fund.
       (31) Gulf intracoastal waterway, high island to brazos 
     river, texas.--The project for navigation, Gulf Intracoastal 
     Waterway, Sabine River to Corpus Christi, Texas: Report of 
     the Chief of Engineers dated April 16, 2004, at a total cost 
     of $14,450,000. The costs of construction of the project are 
     to be paid \1/2\ from amounts appropriated from the general 
     fund of the Treasury and \1/2\ from amounts appropriated from 
     the Inland Waterways Trust Fund.
       (32) Riverside oxbow, fort worth, texas.--The project for 
     ecosystem restoration, Riverside Oxbow, Fort Worth, Texas: 
     Report of the Chief of Engineers dated May 29, 2003, at a 
     total cost of $27,330,000, with an estimated Federal cost of 
     $11,320,000 and an estimated non-Federal cost of $16,010,000.
       (33) Deep creek, chesapeake, virginia.--The project for the 
     Atlantic Intracoastal Waterway Bridge Replacement, Deep 
     Creek, Chesapeake, Virginia: Report of the Chief of Engineers 
     dated March 3, 2003, at a total cost of $37,200,000.
       (34) Chehalis river, centralia, washington.--The project 
     for flood damage reduction, Centralia, Washington, authorized 
     by section 401(a) of the Water Resources Development Act of 
     1986 (Public Law 99-662; 100 Stat. 4126)--
       (A) is modified to be carried out at a total cost of 
     $121,100,000, with a Federal cost of $73,220,000, and a non-
     Federal cost of $47,880,000; and
       (B) shall be carried out by the Secretary substantially in 
     accordance with the plans, and subject to the conditions, 
     recommended in the final report of the Chief of Engineers 
     dated September 27, 2004.
       (b) Projects Subject to Final Report.--The following 
     projects for water resources development and conservation and 
     other purposes are authorized to be carried out by the 
     Secretary substantially in accordance with the plans, and 
     subject to the conditions, recommended in a final report of 
     the Chief of Engineers if a favorable report of the Chief is 
     completed not later than December 31, 2006:
       (1) Wood river levee system, illinois.--The project for 
     flood damage reduction, Wood River, Illinois, authorized by 
     the Act of June 28, 1938 (52 Stat. 1215, chapter 795), is 
     modified to authorize construction of the project at a total 
     cost of $16,730,000, with an estimated Federal cost of 
     $10,900,000 and an estimated non-Federal cost of $5,830,000.
       (2) Licking river, cynthiana, kentucky.--The project for 
     flood damage reduction, Licking River, Cynthiana, Kentucky, 
     at a total cost of $17,800,000, with an estimated Federal 
     cost of $11,570,000 and an estimated non-Federal cost of 
     $6,230,000.

[[Page 14951]]

       (3) Port of iberia, louisiana.--The project for navigation, 
     Port of Iberia, Louisiana, at a total cost of $204,600,000, 
     with an estimated Federal cost of $129,700,000 and an 
     estimated non-Federal cost of $74,900,000, except that the 
     Secretary, in consultation with Vermillion and Iberia 
     Parishes, Louisiana, is directed to use available dredged 
     material and rock placement on the south bank of the Gulf 
     Intracoastal Waterway and the west bank of the Freshwater 
     Bayou Channel to provide incidental storm surge protection.
       (4) Hudson-raritan estuary, liberty state park, new 
     jersey.--The project for ecosystem restoration, Hudson-
     Raritan Estuary, Liberty State Park, New Jersey, at a total 
     cost of $33,050,000, with an estimated Federal cost of 
     $21,480,000 and an estimated non-Federal cost of $11,570,000.
       (5) Jamaica bay, marine park and plumb beach, queens and 
     brooklyn, new york.--The project for ecosystem restoration, 
     Jamaica Bay, Queens and Brooklyn, New York, at a total 
     estimated cost of $204,159,000, with an estimated Federal 
     cost of $132,703,000 and an estimated non-Federal cost of 
     $71,456,000.
       (6) Hocking river basin, monday creek, ohio.--The project 
     for ecosystem restoration, Hocking River Basin, Monday Creek, 
     Ohio, at a total cost of $18,730,000, with an estimated 
     Federal cost of $12,170,000 and an estimated non-Federal cost 
     of $6,560,000.
       (7) Pawley's island, south carolina.--The project for 
     hurricane and storm damage reduction, Pawley's Island, South 
     Carolina, at a total cost of $8,980,000, with an estimated 
     Federal cost of $4,040,000 and an estimated non-Federal cost 
     of $4,940,000, and at an estimated total cost of $21,200,000 
     for periodic nourishment over the 50-year life of the 
     project, with an estimated Federal cost of $7,632,000 and an 
     estimated non-Federal cost of $13,568,000.
       (8) Craney island eastward expansion, virginia.--The 
     project for navigation, Craney Island Eastward Expansion, 
     Virginia, at a total cost of $671,340,000, with an estimated 
     Federal cost of $26,220,000 and an estimated non-Federal cost 
     of $645,120,000.

     SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND 
                   ECOSYSTEM RESTORATION PLAN FOR THE UPPER 
                   MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM.

       (a) Definitions.--In this section:
       (1) Plan.--The term ``Plan'' means the project for 
     navigation and ecosystem improvements for the Upper 
     Mississippi River and Illinois Waterway System: Report of the 
     Chief of Engineers dated December 15, 2004.
       (2) Upper mississippi river and illinois waterway system.--
     The term ``Upper Mississippi River and Illinois Waterway 
     System'' means the projects for navigation and ecosystem 
     restoration authorized by Congress for--
       (A) the segment of the Mississippi River from the 
     confluence with the Ohio River, River Mile 0.0, to Upper St. 
     Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River 
     Mile 854.0; and
       (B) the Illinois Waterway from its confluence with the 
     Mississippi River at Grafton, Illinois, River Mile 0.0, to 
     T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0.
       (b) Authorization of Construction of Navigation 
     Improvements.--
       (1) Small scale and nonstructural measures.--
       (A) In general.--The Secretary shall, in general 
     conformance with the Plan--
       (i) construct mooring facilities at Locks 12, 14, 18, 20, 
     22, 24, and LaGrange Lock;
       (ii) provide switchboats at Locks 20 through 25; and
       (iii) conduct development and testing of an appointment 
     scheduling system.
       (B) Authorization of appropriations.--The total cost of the 
     projects authorized under this paragraph shall be 
     $246,000,000. The costs of construction of the projects shall 
     be paid \1/2\ from amounts appropriated from the general fund 
     of the Treasury and \1/2\ from amounts appropriated from the 
     Inland Waterways Trust Fund. Such sums shall remain available 
     until expended.
       (2) New locks.--
       (A) In general.--The Secretary shall, in general 
     conformance with the Plan, construct new 1,200-foot locks at 
     Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River 
     and at LaGrange Lock and Peoria Lock on the Illinois 
     Waterway.
       (B) Mitigation.--The Secretary shall conduct mitigation for 
     the new locks and small scale and nonstructural measures 
     authorized under paragraphs (1) and (2).
       (C) Concurrence.--The mitigation required under 
     subparagraph (B) for the projects authorized under paragraphs 
     (1) and (2), including any acquisition of lands or interests 
     in lands, shall be undertaken or acquired concurrently with 
     lands and interests for the projects authorized under 
     paragraphs (1) and (2), and physical construction required 
     for the purposes of mitigation shall be undertaken 
     concurrently with the physical construction of such projects.
       (D) Authorization of appropriations.--The total cost of the 
     projects authorized under this paragraph shall be 
     $1,870,000,000. The costs of construction on the projects 
     shall be paid \1/2\ from amounts appropriated from the 
     general fund of the Treasury and \1/2\ from amounts 
     appropriated from the Inland Waterways Trust Fund. Such sums 
     shall remain available until expended.
       (c) Ecosystem Restoration Authorization.--
       (1) Operation.--To ensure the environmental sustainability 
     of the existing Upper Mississippi River and Illinois Waterway 
     System, the Secretary shall modify, consistent with 
     requirements to avoid adverse effects on navigation, the 
     operation of the Upper Mississippi River and Illinois 
     Waterway System to address the cumulative environmental 
     impacts of operation of the system and improve the ecological 
     integrity of the Upper Mississippi River and Illinois River.
       (2) Ecosystem restoration projects.--
       (A) In general.--The Secretary shall carry out, consistent 
     with requirements to avoid adverse effects on navigation, 
     ecosystem restoration projects to attain and maintain the 
     sustainability of the ecosystem of the Upper Mississippi 
     River and Illinois River in accordance with the general 
     framework outlined in the Plan.
       (B) Projects included.--Ecosystem restoration projects may 
     include, but are not limited to--
       (i) island building;
       (ii) construction of fish passages;
       (iii) floodplain restoration;
       (iv) water level management (including water drawdown);
       (v) backwater restoration;
       (vi) side channel restoration;
       (vii) wing dam and dike restoration and modification;
       (viii) island and shoreline protection;
       (ix) topographical diversity;
       (x) dam point control;
       (xi) use of dredged material for environmental purposes;
       (xii) tributary confluence restoration;
       (xiii) spillway, dam, and levee modification to benefit the 
     environment;
       (xiv) land easement authority; and
       (xv) land acquisition.
       (C) Cost sharing.--
       (i) In general.--Except as provided in clauses (ii) and 
     (iii), the Federal share of the cost of carrying out an 
     ecosystem restoration project under this paragraph shall be 
     65 percent.
       (ii) Exception for certain restoration projects.--In the 
     case of a project under this subparagraph for ecosystem 
     restoration, the Federal share of the cost of carrying out 
     the project shall be 100 percent if the project--

       (I) is located below the ordinary high water mark or in a 
     connected backwater;
       (II) modifies the operation or structures for navigation; 
     or
       (III) is located on federally owned land.

       (iii) Savings clause.--Nothing in this paragraph affects 
     the applicability of section 906(e) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2283).
       (iv) Nongovernmental organizations.--Notwithstanding 
     section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5(b)), for any project carried out under this section, 
     a non-Federal sponsor may include a nonprofit entity, with 
     the consent of the affected local government.
       (D) Land acquisition.--The Secretary may acquire land or an 
     interest in land for an ecosystem restoration project from a 
     willing owner through conveyance of--
       (i) fee title to the land; or
       (ii) a flood plain conservation easement.
       (3) Ecosystem restoration preconstruction engineering and 
     design.--
       (A) Restoration design.--Before initiating the construction 
     of any individual ecosystem restoration project, the 
     Secretary shall--
       (i) establish ecosystem restoration goals and identify 
     specific performance measures designed to demonstrate 
     ecosystem restoration;
       (ii) establish the without-project condition or baseline 
     for each performance indicator; and
       (iii) for each separable element of the ecosystem 
     restoration, identify specific target goals for each 
     performance indicator.
       (B) Outcomes.--Performance measures identified under 
     subparagraph (A)(i) should comprise specific measurable 
     environmental outcomes, such as changes in water quality, 
     hydrology, or the well-being of indicator species the 
     population and distribution of which are representative of 
     the abundance and diversity of ecosystem-dependent aquatic 
     and terrestrial species.
       (C) Restoration design.--Restoration design carried out as 
     part of ecosystem restoration shall include a monitoring plan 
     for the performance measures identified under subparagraph 
     (A)(i), including--
       (i) a timeline to achieve the identified target goals; and
       (ii) a timeline for the demonstration of project 
     completion.
       (4) Specific projects authorization.--
       (A) In general.--There is authorized to be appropriated to 
     carry out this subsection $1,650,000,000, of which not more 
     than $226,000,000 shall be available for projects described 
     in paragraph (2)(B)(ii) and not more than $43,000,000 shall 
     be available for projects described in paragraph (2)(B)(x). 
     Such sums shall remain available until expended.
       (B) Limitation on available funds.--Of the amounts made 
     available under subparagraph (A), not more than $35,000,000 
     for each fiscal year shall be available for land acquisition 
     under paragraph (2)(D).
       (C) Individual project limit.--Other than for projects 
     described in clauses (ii) and (x) of paragraph (2)(B), the 
     total cost of any single project carried out under this 
     subsection shall not exceed $25,000,000.
       (5) Implementation reports.--
       (A) In general.--Not later than June 30, 2008, and every 5 
     years thereafter, 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 an implementation report that--

[[Page 14952]]

       (i) includes baselines, milestones, goals, and priorities 
     for ecosystem restoration projects; and
       (ii) measures the progress in meeting the goals.
       (B) Advisory panel.--
       (i) In general.--The Secretary shall appoint and convene an 
     advisory panel to provide independent guidance in the 
     development of each implementation report under subparagraph 
     (A).
       (ii) Panel members.--Panel members shall include--

       (I) 1 representative of each of the State resource agencies 
     (or a designee of the Governor of the State) from each of the 
     States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin;
       (II) 1 representative of the Department of Agriculture;
       (III) 1 representative of the Department of Transportation;
       (IV) 1 representative of the United States Geological 
     Survey;
       (V) 1 representative of the United States Fish and Wildlife 
     Service;
       (VI) 1 representative of the Environmental Protection 
     Agency;
       (VII) 1 representative of affected landowners;
       (VIII) 2 representatives of conservation and environmental 
     advocacy groups; and
       (IX) 2 representatives of agriculture and industry advocacy 
     groups.

       (iii) Chairperson.--The Secretary shall serve as 
     chairperson of the advisory panel.
       (iv) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Panel or any working group established by the Advisory Panel.
       (6) Ranking system.--
       (A) In general.--The Secretary, in consultation with the 
     Advisory Panel, shall develop a system to rank proposed 
     projects.
       (B) Priority.--The ranking system shall give greater weight 
     to projects that restore natural river processes, including 
     those projects listed in paragraph (2)(B).
       (d) Comparable Progress.--
       (1) In general.--As the Secretary conducts pre-engineering, 
     design, and construction for projects authorized under this 
     section, the Secretary shall--
       (A) select appropriate milestones; and
       (B) determine, at the time of such selection, whether the 
     projects are being carried out at comparable rates.
       (2) No comparable rate.--If the Secretary determines under 
     paragraph (1)(B) that projects authorized under this 
     subsection are not moving toward completion at a comparable 
     rate, annual funding requests for the projects will be 
     adjusted to ensure that the projects move toward completion 
     at a comparable rate in the future.

     SEC. 1003. 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; 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) Modifications.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to make 
     modifications as necessary to the 5 near-term critical 
     ecosystem restoration features identified in the report 
     referred to in subsection (a), due to the impact of 
     Hurricanes Katrina and Rita on the project areas.
       (2) Integration.--The Secretary shall ensure that the 
     modifications under paragraph (1) are fully integrated with 
     the analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (3) Construction.--
       (A) In general.--The Secretary is authorized to construct 
     the projects modified under this subsection.
       (B) Reports.--
       (i) In general.--Before beginning construction of the 
     projects, the Secretary shall submit a report documenting any 
     modifications to the 5 near-term projects, including cost 
     changes, to the Louisiana Water Resources Council established 
     by subsection (n)(1) (referred to in this section as the 
     ``Council'') for approval.
       (ii) Submission to congress.--On approval of a report under 
     clause (i), the Council shall submit the report to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (4) Applicability of other provisions.--Section 902 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2280) 
     shall not apply to the 5 near-term projects authorized by 
     this section.
       (d) Demonstration Program.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to conduct a 
     demonstration program within the applicable project area to 
     evaluate new technologies and the applicability of the 
     technologies to the program.
       (2) Cost limitation.--The cost of an individual project 
     under this subsection shall be not more than $25,000,000.
       (e) Beneficial Use of Dredged Material.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Secretary is authorized to use such sums 
     as are necessary to conduct a program for the beneficial use 
     of dredged material.
       (2) Consideration.--In carrying out the program under 
     subsection (a), the Secretary shall consider the beneficial 
     use of sediment from the Illinois River System for wetlands 
     restoration in wetlands-depleted watersheds.
       (f) Reports.--
       (1) In general.--Not later than December 31, 2008, the 
     Secretary shall submit to Congress feasibility reports on the 
     features included in table 3 of the report referred to in 
     subsection (a).
       (2) Projects identified in reports.--
       (A) In general.--The Secretary shall submit the reports 
     described in paragraph (1) to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (B) Construction.--The Secretary shall be authorized to 
     construct the projects identified in the reports at the time 
     the Committees referred to in subparagraph (A) each adopt a 
     resolution approving the project.
       (g) 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.
       (h) 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;
       (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; and
       (C) ensure that the plan is fully integrated with the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (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);
       (C) the role of other Federal agencies and programs in 
     carrying out the program under subsection (a); and
       (D) specific, measurable ecological success criteria by 
     which success of the comprehensive plan shall be measured.
       (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''.
       (i) 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--

[[Page 14953]]

       (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 (h).
       (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) Nonapplicability of faca.--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.
       (j) 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) with 
     scientific or engineering expertise in the restoration of 
     aquatic and marine ecosystems for coastal restoration and 
     enhancement through science and technology.
       (k) 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.
       (l) Studies.--
       (1) Degradation.--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 carry out a study to identify--
       (A) the cause of any degradation of the Louisiana Coastal 
     Area ecosystem that occurred as a result of an activity 
     approved by the Secretary; and
       (B) the sources of the degradation.
       (2) Financing.--On completion, and taking into account the 
     results, of the study conducted under paragraph (1), the 
     Secretary, in consultation with the non-Federal interest, 
     shall study--
       (A) financing alternatives for the program under subsection 
     (a); and
       (B) potential reductions in the expenditure of Federal 
     funds in emergency responses that would occur as a result of 
     ecosystem restoration in the Louisiana Coastal Area.
       (m) 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) Modifications.--Subject to paragraphs (3) and (4), the 
     Secretary may carry out the modifications described in 
     paragraph (1)(B).
       (3) Public notice and comment.--Before completing the 
     report required under paragraph (4), the Secretary shall 
     provide an opportunity for public notice and comment.
       (4) 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 subparagraph (A) shall 
     include such information relating to the timeline and cost of 
     a modification as the Secretary determines to be relevant.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $10,000,000.
       (n) Louisiana Water Resources Council.--
       (1) Establishment.--There is established within the 
     Mississippi River Commission, a subgroup to be known as the 
     ``Louisiana Water Resources Council''.
       (2) Purposes.--The purposes of the Council are--
       (A) to manage and oversee each aspect of the implementation 
     of a system-wide, comprehensive plan for projects of the 
     Corps of Engineers (including the study, planning, 
     engineering, design, and construction of the projects or 
     components of projects and the functions or activities of the 
     Corps of Engineers relating to other projects) that addresses 
     hurricane protection, flood control, ecosystem restoration, 
     storm surge damage reduction, or navigation in the Hurricanes 
     Katrina and Rita disaster areas in the State of Louisiana; 
     and
       (B) to demonstrate and evaluate a streamlined approach to 
     authorization of water resources projects to be studied, 
     designed, and constructed by the Corps of Engineers.
       (3) Membership.--
       (A) In general.--The president of the Mississippi River 
     Commission shall appoint members of the Council, after 
     considering recommendations of the Governor of Louisiana.
       (B) Requirements.--The Council shall be composed of--
       (i) 2 individuals with expertise in coastal ecosystem 
     restoration, including the interaction of saltwater and 
     freshwater estuaries; and
       (ii) 2 individual with expertise in geology or civil 
     engineering relating to hurricane and flood damage reduction 
     and navigation.
       (C) Chairperson.--In addition to the members appointed 
     under subparagraph (B), the Council shall be chaired by 1 of 
     the 3 officers of the Corps of Engineers of the Mississippi 
     River Commission.
       (4) Duties.--With respect to modifications under subsection 
     (c), the Council shall--
       (A) review and approve or disapprove the reports completed 
     by the Secretary; and
       (B) on approval, submit the reports to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.
       (5) Termination.--
       (A) In general.--The Council shall terminate on the date 
     that is 6 years after the date of enactment of this Act.
       (B) Effect.--Any project modification under subsection (c) 
     that has not been approved by the Council and submitted to 
     Congress by the date described in subparagraph (A) shall not 
     proceed to construction before the date on which the 
     modification is statutorily approved by Congress.
       (o) Other Projects.--
       (1) In general.--With respect to the projects identified in 
     the analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247), the Secretary shall submit a report describing the 
     projects to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (2) Construction.--The Secretary shall be authorized to 
     construct the projects at the time the Committees referred to 
     in paragraph (1) each adopt a resolution approving the 
     project.
       (p) Report.--
       (1) In general.--Not later than 6 years after the date of 
     enactment of this Act, 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 evaluating the alternative 
     means of authorizing Corps of Engineers water resources 
     projects under subsections (c)(3), (f)(2), and (o)(2).
       (2) Inclusions.--The report shall include a description 
     of--
       (A) the projects authorized and undertaken under this 
     section;
       (B) the construction status of the projects; and
       (C) the benefits and environmental impacts of the projects.
       (3) External review.--The Secretary shall enter into a 
     contract with the National Academy of Science to perform an 
     external review of the demonstration program under subsection 
     (d), which shall be submitted to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.

       The Secretary--
       (1) shall conduct a study for flood damage reduction, Cache 
     River Basin, Grubbs, Arkansas; and
       (2) if the Secretary determines that the project is 
     feasible, may carry out the project under section 205 of the 
     Flood Control Act of 1948 (33 U.S.C. 701s).

     SEC. 1005. SMALL PROJECTS FOR NAVIGATION.

       The Secretary shall conduct a study for each of the 
     following projects and, if the Secretary determines that a 
     project is feasible, may carry out the project under section 
     107 of the River and Harbor Act of 1960 (33 U.S.C. 577):
       (1) Little rock port, arkansas.--Project for navigation, 
     Little Rock Port, Arkansas River, Arkansas.
       (2) Au sable river, michigan.--Project for navigation, Au 
     Sable River in the vicinity of Oscoda, Michigan.
       (3) Outer channel and inner harbor, menominee harbor, 
     michigan and wisconsin.--Project for navigation, Outer 
     Channel and Inner Harbor, Menominee Harbor, Michigan and 
     Wisconsin.
       (4) Middle bass island state park, middle bass island, 
     ohio.--Project for navigation, Middle Bass Island State Park, 
     Middle Bass Island, Ohio.

     SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.

       The Secretary shall conduct a study for each of the 
     following projects and, if the Secretary determines that a 
     project is appropriate, may

[[Page 14954]]

     carry out the project under section 206 of the Water 
     Resources Development Act of 1996 (33 U.S.C. 2330):
       (1) San diego river, california.--Project for aquatic 
     ecosystem restoration, San Diego River, California, including 
     efforts to address invasive aquatic plant species.
       (2) Suison marsh, san pablo bay, california.--Project for 
     aquatic ecosystem restoration, San Pablo Bay, California.
       (3) Johnson creek, gresham, oregon.--Project for aquatic 
     ecosystem restoration, Johnson Creek, Gresham, Oregon.
       (4) Blackstone river, rhode island.--Project for aquatic 
     ecosystem restoration, Blackstone River, Rhode Island.
       (5) College lake, lynchburg, virginia.--Project for aquatic 
     ecosystem restoration, College Lake, Lynchburg, Virginia.

                      TITLE II--GENERAL PROVISIONS

                         Subtitle A--Provisions

     SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.

       Section 221 of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5b) is amended--
       (1) by striking ``Sec. 221'' and inserting the following:

     ``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES 
                   PROJECTS.'';

       and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Cooperation of Non-Federal Interest.--
       ``(1) In general.--After December 31, 1970, the 
     construction of any water resources project, or an acceptable 
     separable element thereof, by the Secretary of the Army, 
     acting through the Chief of Engineers, or by a non-Federal 
     interest where such interest will be reimbursed for such 
     construction under any provision of law, shall not be 
     commenced until each non-Federal interest has entered into a 
     written partnership agreement with the district engineer for 
     the district in which the project will be carried out under 
     which each party agrees to carry out its responsibilities and 
     requirements for implementation or construction of the 
     project or the appropriate element of the project, as the 
     case may be; except that no such agreement shall be required 
     if the Secretary determines that the administrative costs 
     associated with negotiating, executing, or administering the 
     agreement would exceed the amount of the contribution 
     required from the non-Federal interest and are less than 
     $25,000.
       ``(2) Liquidated damages.--An agreement described in 
     paragraph (1) may include a provision for liquidated damages 
     in the event of a failure of 1 or more parties to perform.
       ``(3) Obligation of future appropriations.--In any such 
     agreement entered into by a State, or a body politic of the 
     State which derives its powers from the State constitution, 
     or a governmental entity created by the State legislature, 
     the agreement may reflect that it does not obligate future 
     appropriations for such performance and payment when 
     obligating future appropriations would be inconsistent with 
     constitutional or statutory limitations of the State or a 
     political subdivision of the State.
       ``(4) Credit for in-kind contributions.--
       ``(A) In general.--An agreement under paragraph (1) shall 
     provide that the Secretary shall credit toward the non-
     Federal share of the cost of the project, including a project 
     implemented under general continuing authority, the value of 
     in-kind contributions made by the non-Federal interest, 
     including--
       ``(i) the costs of planning (including data collection), 
     design, management, mitigation, construction, and 
     construction services that are provided by the non-Federal 
     interest for implementation of the project; and
       ``(ii) the value of materials or services provided before 
     execution of an agreement for the project, including--

       ``(I) efforts on constructed elements incorporated into the 
     project; and
       ``(II) materials and services provided after an agreement 
     is executed.

       ``(B) Condition.--The Secretary shall credit an in-kind 
     contribution under subparagraph (A) if the Secretary 
     determines that the property or service provided as an in-
     kind contribution is integral to the project.
       ``(C) Limitations.--Credit authorized for a project--
       ``(i) shall not exceed the non-Federal share of the cost of 
     the project;
       ``(ii) shall not alter any other requirement that a non-
     Federal interest provide land, an easement or right-of-way, 
     or an area for disposal of dredged material for the project; 
     and
       ``(iii) shall not exceed the actual and reasonable costs of 
     the materials, services, or other things provided by the non-
     Federal interest, as determined by the Secretary.''.

     SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

       Section 234 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2323a) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may engage in activities 
     (including contracting) in support of other Federal agencies, 
     international organizations, or foreign governments to 
     address problems of national significance to the United 
     States.'';
       (2) in subsection (b), by striking ``Secretary of State'' 
     and inserting ``Department of State''; and
       (3) in subsection (d)--
       (A) by striking ``$250,000 for fiscal year 2001'' and 
     inserting ``$1,000,000 for fiscal year 2007 and each fiscal 
     year thereafter''; and
       (B) by striking ``or international organizations'' and 
     inserting ``, international organizations, or foreign 
     governments''.

     SEC. 2003. TRAINING FUNDS.

       (a) In General.--The Secretary may include individuals from 
     the non-Federal interest, including the private sector, in 
     training classes and courses offered by the Corps of 
     Engineers in any case in which the Secretary determines that 
     it is in the best interest of the Federal Government to 
     include those individuals as participants.
       (b) Expenses.--
       (1) In general.--An individual from a non-Federal interest 
     attending a training class or course described in subsection 
     (a) shall pay the full cost of the training provided to the 
     individual.
       (2) Payments.--Payments made by an individual for training 
     received under subsection (a), up to the actual cost of the 
     training--
       (A) may be retained by the Secretary;
       (B) shall be credited to an appropriation or account used 
     for paying training costs; and
       (C) shall be available for use by the Secretary, without 
     further appropriation, for training purposes.
       (3) Excess amounts.--Any payments received under paragraph 
     (2) that are in excess of the actual cost of training 
     provided shall be credited as miscellaneous receipts to the 
     Treasury of the United States.

     SEC. 2004. FISCAL TRANSPARENCY REPORT.

       (a) In General.--On the third Tuesday of January of each 
     year beginning January 2008, the Chief of Engineers 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 on 
     the expenditures for the preceding fiscal year and estimated 
     expenditures for the current fiscal year.
       (b) Contents.--In addition to the information described in 
     subsection (a), the report shall contain a detailed 
     accounting of the following information:
       (1) With respect to general construction, information on--
       (A) projects currently under construction, including--
       (i) allocations to date;
       (ii) the number of years remaining to complete 
     construction;
       (iii) the estimated annual Federal cost to maintain that 
     construction schedule; and
       (iv) a list of projects the Corps of Engineers expects to 
     complete during the current fiscal year; and
       (B) projects for which there is a signed cost-sharing 
     agreement and completed planning, engineering, and design, 
     including--
       (i) the number of years the project is expected to require 
     for completion; and
       (ii) estimated annual Federal cost to maintain that 
     construction schedule.
       (2) With respect to operation and maintenance of the inland 
     and intracoastal waterways under section 206 of Public Law 
     95-502 (33 U.S.C. 1804)--
       (A) the estimated annual cost to maintain each waterway for 
     the authorized reach and at the authorized depth; and
       (B) the estimated annual cost of operation and maintenance 
     of locks and dams to ensure navigation without interruption.
       (3) With respect to general investigations and 
     reconnaissance and feasibility studies--
       (A) the number of active studies;
       (B) the number of completed studies not yet authorized for 
     construction;
       (C) the number of initiated studies; and
       (D) the number of studies expected to be completed during 
     the fiscal year.
       (4) Funding received and estimates of funds to be received 
     for interagency and international support activities under 
     section 318(a) of the Water Resources Development Act of 1990 
     (33 U.S.C. 2323(a)).
       (5) Recreation fees and lease payments.
       (6) Hydropower and water storage fees.
       (7) Deposits into the Inland Waterway Trust Fund and the 
     Harbor Maintenance Trust Fund.
       (8) Other revenues and fees collected.
       (9) With respect to permit applications and notifications, 
     a list of individual permit applications and nationwide 
     permit notifications, including--
       (A) the date on which each permit application is filed;
       (B) the date on which each permit application is determined 
     to be complete; and
       (C) the date on which the Corps of Engineers grants, 
     withdraws, or denies each permit.
       (10) With respect to the project backlog, a list of 
     authorized projects for which no funds have been allocated 
     for the 5 preceding fiscal years, including, for each 
     project--
       (A) the authorization date;
       (B) the last allocation date;
       (C) the percentage of construction completed;
       (D) the estimated cost remaining until completion of the 
     project; and
       (E) a brief explanation of the reasons for the delay.

     SEC. 2005. PLANNING.

       (a) Matters To Be Addressed in Planning.--Section 904 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2281) 
     is amended--
       (1) by striking ``Enhancing'' and inserting the following:
       ``(a) In General.--Enhancing''; and
       (2) by adding at the end the following:
       ``(b) Assessments.--For all feasibility reports completed 
     after December 31, 2005, the Secretary shall assess whether--
       ``(1) the water resource project and each separable element 
     is cost-effective; and

[[Page 14955]]

       ``(2) the water resource project complies with Federal, 
     State, and local laws (including regulations) and public 
     policies.''.
       (b) Planning Process Improvements.--The Chief of 
     Engineers--
       (1) shall, not later than 2 years after the date on which 
     the feasibility study cost sharing agreement is signed for a 
     project, subject to the availability of appropriations--
       (A) complete the feasibility study for the project; and
       (B) sign the report of the Chief of Engineers for the 
     project;
       (2) may, with the approval of the Secretary, extend the 
     deadline established under paragraph (1) for not to exceed 4 
     years, for a complex or controversial study; and
       (3)(A) shall adopt a risk analysis approach to project cost 
     estimates; and
       (B) not later than 1 year after the date of enactment of 
     this Act, shall--
       (i) issue procedures for risk analysis for cost estimation; 
     and
       (ii) submit to Congress a report that includes suggested 
     amendments to section 902 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2280).
       (c) Calculation of Benefits and Costs for Flood Damage 
     Reduction Projects.--A feasibility study for a project for 
     flood damage reduction shall include, as part of the 
     calculation of benefits and costs--
       (1) a calculation of the residual risk of flooding 
     following completion of the proposed project;
       (2) a calculation of the residual risk of loss of human 
     life and residual risk to human safety following completion 
     of the proposed project; and
       (3) a calculation of any upstream or downstream impacts of 
     the proposed project.
       (d) Centers of Specialized Planning Expertise.--
       (1) Establishment.--The Secretary may establish centers of 
     expertise to provide specialized planning expertise for water 
     resource projects to be carried out by the Secretary in order 
     to enhance and supplement the capabilities of the districts 
     of the Corps of Engineers.
       (2) Duties.--A center of expertise established under this 
     subsection shall--
       (A) provide technical and managerial assistance to district 
     commanders of the Corps of Engineers for project planning, 
     development, and implementation;
       (B) provide peer reviews of new major scientific, 
     engineering, or economic methods, models, or analyses that 
     will be used to support decisions of the Secretary with 
     respect to feasibility studies;
       (C) provide support for external peer review panels 
     convened by the Secretary; and
       (D) carry out such other duties as are prescribed by the 
     Secretary.
       (e) Completion of Corps of Engineers Reports.--
       (1) Alternatives.--
       (A) In general.--Feasibility and other studies and 
     assessments of water resource problems and projects shall 
     include recommendations for alternatives--
       (i) that, as determined by the non-Federal interests for 
     the projects, promote integrated water resources management; 
     and
       (ii) for which the non-Federal interests are willing to 
     provide the non-Federal share for the studies or assessments.
       (B) Scope and purposes.--The scope and purposes of studies 
     and assessments described in subparagraph (A) shall not be 
     constrained by budgetary or other policy as a result of the 
     inclusion of alternatives described in that subparagraph.
       (C) Reports of chief of engineers.--The reports of the 
     Chief of Engineers shall be based solely on the best 
     technical solutions to water resource needs and problems.
       (2) Report completion.--The completion of a report of the 
     Chief of Engineers for a project--
       (A) shall not be delayed while consideration is being given 
     to potential changes in policy or priority for project 
     consideration; and
       (B) shall be submitted, on completion, to--
       (i) the Committee on Environment and Public Works of the 
     Senate; and
       (ii) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (f) Completion Review.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 90 days after the date of completion of a report 
     of the Chief of Engineers that recommends to Congress a water 
     resource project, the Secretary shall--
       (A) review the report; and
       (B) provide any recommendations of the Secretary regarding 
     the water resource project to Congress.
       (2) Prior reports.--Not later than 90 days after the date 
     of enactment of this Act, with respect to any report of the 
     Chief of Engineers recommending a water resource project that 
     is complete prior to the date of enactment of this Act, the 
     Secretary shall complete review of, and provide 
     recommendations to Congress for, the report in accordance 
     with paragraph (1).

     SEC. 2006. WATER RESOURCES PLANNING COORDINATING COMMITTEE.

       (a) Establishment.--The President shall establish a Water 
     Resources Planning Coordinating Committee (referred to in 
     this subsection as the ``Coordinating Committee'').
       (b) Membership.--
       (1) In general.--The Coordinating Committee shall be 
     composed of the following members (or a designee of the 
     member):
       (A) The Secretary of the Interior.
       (B) The Secretary of Agriculture.
       (C) The Secretary of Health and Human Services.
       (D) The Secretary of Housing and Urban Development.
       (E) The Secretary of Transportation.
       (F) The Secretary of Energy.
       (G) The Secretary of Homeland Security.
       (H) The Secretary of Commerce.
       (I) The Administrator of the Environmental Protection 
     Agency.
       (J) The Chairperson of the Council on Environmental 
     Quality.
       (2) Chairperson and executive director.--The President 
     shall appoint--
       (A) 1 member of the Coordinating Committee to serve as 
     Chairperson of the Coordinating Committee for a term of 2 
     years; and
       (B) an Executive Director to supervise the activities of 
     the Coordinating Committee.
       (3) Function.--The function of the Coordinating Committee 
     shall be to carry out the duties and responsibilities set 
     forth under this section.
       (c) National Water Resources Planning and Modernization 
     Policy.--It is the policy of the United States that all water 
     resources projects carried out by the Corps of Engineers 
     shall--
       (1) reflect national priorities;
       (2) seek to avoid the unwise use of floodplains;
       (3) minimize vulnerabilities in any case in which a 
     floodplain must be used;
       (4) protect and restore the functions of natural systems; 
     and
       (5) mitigate any unavoidable damage to natural systems.
       (d) Water Resource Priorities Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Coordinating Committee, in 
     collaboration with the Secretary, shall submit to the 
     President and Congress a report describing the vulnerability 
     of the United States to damage from flooding and related 
     storm damage, including--
       (A) the risk to human life;
       (B) the risk to property; and
       (C) the comparative risks faced by different regions of the 
     United States.
       (2) Inclusions.--The report under paragraph (1) shall 
     include--
       (A) an assessment of the extent to which programs in the 
     United States relating to flooding address flood risk 
     reduction priorities;
       (B) the extent to which those programs may be 
     unintentionally encouraging development and economic activity 
     in floodprone areas;
       (C) recommendations for improving those programs with 
     respect to reducing and responding to flood risks; and
       (D) proposals for implementing the recommendations.
       (e) Modernizing Water Resources Planning Guidelines.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary and the Coordinating Committee shall, in 
     collaboration with each other, review and propose updates and 
     revisions to modernize the planning principles and 
     guidelines, regulations, and circulars by which the Corps of 
     Engineers analyzes and evaluates water projects. In carrying 
     out the review, the Coordinating Committee and the Secretary 
     shall consult with the National Academy of Sciences for 
     recommendations regarding updating planning documents.
       (2) Proposed revisions.--In conducting a review under 
     paragraph (1), the Coordinating Committee and the Secretary 
     shall consider revisions to improve water resources project 
     planning through, among other things--
       (A) requiring the use of modern economic principles and 
     analytical techniques, credible schedules for project 
     construction, and current discount rates as used by other 
     Federal agencies;
       (B) eliminating biases and disincentives to providing 
     projects to low-income communities, including fully 
     accounting for the prevention of loss of life under section 
     904 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2281);
       (C) eliminating biases and disincentives that discourage 
     the use of nonstructural approaches to water resources 
     development and management, and fully accounting for the 
     flood protection and other values of healthy natural systems;
       (D) promoting environmental restoration projects that 
     reestablish natural processes;
       (E) assessing and evaluating the impacts of a project in 
     the context of other projects within a region or watershed;
       (F) analyzing and incorporating lessons learned from recent 
     studies of Corps of Engineers programs and recent disasters 
     such as Hurricane Katrina and the Great Midwest Flood of 
     1993;
       (G) encouraging wetlands conservation; and
       (H) ensuring the effective implementation of the policies 
     of this Act.
       (3) Public participation.--The Coordinating Committee and 
     the Secretary shall solicit public and expert comments 
     regarding any revision proposed under paragraph (2).
       (4) Revision of planning guidance.--
       (A) In general.--Not later than 180 days after the date on 
     which a review under paragraph (1) is completed, the 
     Secretary, after providing notice and an opportunity for 
     public comment in accordance with subchapter II of chapter 5, 
     and chapter 7, of title 5, United States Code (commonly known 
     as the ``Administrative Procedure Act''), shall implement 
     such proposed updates and revisions to the planning

[[Page 14956]]

     principles and guidelines, regulations, and circulars of the 
     Corps of Engineers under paragraph (2) as the Secretary 
     determines to be appropriate.
       (B) Effect.--Effective beginning on the date on which the 
     Secretary implements the first update or revision under 
     paragraph (1), subsections (a) and (b) of section 80 of the 
     Water Resources Development Act of 1974 (42 U.S.C. 1962d-17) 
     shall not apply to the Corps of Engineers.
       (5) Report.--
       (A) In general.--The Secretary shall submit to the 
     Committees on Environment and Public Works and Appropriations 
     of the Senate, and to the Committees on Transportation and 
     Infrastructure and Appropriations of the House of 
     Representatives, a report describing any revision of planning 
     guidance under paragraph (4).
       (B) Publication.--The Secretary shall publish the report 
     under subparagraph (A) in the Federal Register.

     SEC. 2007. INDEPENDENT PEER REVIEW.

       (a) Definitions.--In this section:
       (1) Construction activities.--The term ``construction 
     activities'' means development of detailed engineering and 
     design specifications during the preconstruction engineering 
     and design phase and the engineering and design phase of a 
     water resources project carried out by the Corps of 
     Engineers, and other activities carried out on a water 
     resources project prior to completion of the construction and 
     to turning the project over to the local cost-share partner.
       (2) Project study.--The term ``project study'' means a 
     feasibility report, reevaluation report, or environmental 
     impact statement prepared by the Corps of Engineers.
       (b) Director of Independent Review.--The Secretary shall 
     appoint in the Office of the Secretary a Director of 
     Independent Review. The Director shall be selected from among 
     individuals who are distinguished experts in engineering, 
     hydrology, biology, economics, or another discipline related 
     to water resources management. The Secretary shall ensure, to 
     the maximum extent practicable, that the Director does not 
     have a financial, professional, or other conflict of interest 
     with projects subject to review. The Director of Independent 
     Review shall carry out the duties set forth in this section 
     and such other duties as the Secretary deems appropriate.
       (c) Sound Project Planning.--
       (1) Projects subject to planning review.--The Secretary 
     shall ensure that each project study for a water resources 
     project shall be reviewed by an independent panel of experts 
     established under this subsection if--
       (A) the project has an estimated total cost of more than 
     $40,000,000, including mitigation costs;
       (B) the Governor of a State in which the water resources 
     project is located in whole or in part, or the Governor of a 
     State within the drainage basin in which a water resources 
     project is located and that would be directly affected 
     economically or environmentally as a result of the project, 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project;
       (C) the head of a Federal agency with authority to review 
     the project determines that the project is likely to have a 
     significant adverse impact on public safety, or on 
     environmental, fish and wildlife, historical, cultural, or 
     other resources under the jurisdiction of the agency, and 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project; or
       (D) the Secretary determines on his or her own initiative, 
     or shall determine within 30 days of receipt of a written 
     request for a controversy determination by any party, that 
     the project is controversial because--
       (i) there is a significant dispute regarding the size, 
     nature, potential safety risks, or effects of the project; or
       (ii) there is a significant dispute regarding the economic, 
     or environmental costs or benefits of the project.
       (2) Project planning review panels.--
       (A) Project planning review panel membership.--For each 
     water resources project subject to review under this 
     subsection, the Director of Independent Review shall 
     establish a panel of independent experts that shall be 
     composed of not less than 5 nor more than 9 independent 
     experts (including at least 1 engineer, 1 hydrologist, 1 
     biologist, and 1 economist) who represent a range of areas of 
     expertise. The Director of Independent Review shall apply the 
     National Academy of Science's policy for selecting committee 
     members to ensure that members have no conflict with the 
     project being reviewed, and shall consult with the National 
     Academy of Sciences in developing lists of individuals to 
     serve on panels of experts under this subsection. An 
     individual serving on a panel under this subsection shall be 
     compensated at a rate of pay to be determined by the 
     Secretary, and shall be allowed travel expenses.
       (B) Duties of project planning review panels.--An 
     independent panel of experts established under this 
     subsection shall review the project study, receive from the 
     public written and oral comments concerning the project 
     study, and submit a written report to the Secretary that 
     shall contain the panel's conclusions and recommendations 
     regarding project study issues identified as significant by 
     the panel, including issues such as--
       (i) economic and environmental assumptions and projections;
       (ii) project evaluation data;
       (iii) economic or environmental analyses;
       (iv) engineering analyses;
       (v) formulation of alternative plans;
       (vi) methods for integrating risk and uncertainty;
       (vii) models used in evaluation of economic or 
     environmental impacts of proposed projects; and
       (viii) any related biological opinions.
       (C) Project planning review record.--
       (i) In general.--After receiving a report from an 
     independent panel of experts established under this 
     subsection, the Secretary shall take into consideration any 
     recommendations contained in the report and shall immediately 
     make the report available to the public on the internet.
       (ii) Recommendations.--The Secretary shall prepare a 
     written explanation of any recommendations of the independent 
     panel of experts established under this subsection not 
     adopted by the Secretary. Recommendations and findings of the 
     independent panel of experts rejected without good cause 
     shown, as determined by judicial review, shall be given equal 
     deference as the recommendations and findings of the 
     Secretary during a judicial proceeding relating to the water 
     resources project.
       (iii) Submission to congress and public availability.--The 
     report of the independent panel of experts established under 
     this subsection and the written explanation of the Secretary 
     required by clause (ii) shall be included with the report of 
     the Chief of Engineers to Congress, shall be published in the 
     Federal Register, and shall be made available to the public 
     on the Internet.
       (D) Deadlines for project planning reviews.--
       (i) In general.--Independent review of a project study 
     shall be completed prior to the completion of any Chief of 
     Engineers report for a specific water resources project.
       (ii) Deadline for project planning review panel studies.--
     An independent panel of experts established under this 
     subsection shall complete its review of the project study and 
     submit to the Secretary a report not later than 180 days 
     after the date of establishment of the panel, or not later 
     than 90 days after the close of the public comment period on 
     a draft project study that includes a preferred alternative, 
     whichever is later. The Secretary may extend these deadlines 
     for good cause.
       (iii) Failure to complete review and report.--If an 
     independent panel of experts established under this 
     subsection does not submit to the Secretary a report by the 
     deadline established by clause (ii), the Chief of Engineers 
     may continue project planning without delay.
       (iv) Duration of panels.--An independent panel of experts 
     established under this subsection shall terminate on the date 
     of submission of the report by the panel. Panels may be 
     established as early in the planning process as deemed 
     appropriate by the Director of Independent Review, but shall 
     be appointed no later than 90 days before the release for 
     public comment of a draft study subject to review under 
     subsection (c)(1)(A), and not later than 30 days after a 
     determination that review is necessary under subsection 
     (c)(1)(B), (c)(1)(C), or (c)(1)(D).
       (E) Effect on existing guidance.--The project planning 
     review required by this subsection shall be deemed to satisfy 
     any external review required by Engineering Circular 1105-2-
     408 (31 May 2005) on Peer Review of Decision Documents.
       (d) Safety Assurance.--
       (1) Projects subject to safety assurance review.--The 
     Secretary shall ensure that the construction activities for 
     any flood damage reduction project shall be reviewed by an 
     independent panel of experts established under this 
     subsection if the Director of Independent Review makes a 
     determination that an independent review is necessary to 
     ensure public health, safety, and welfare on any project--
       (A) for which the reliability of performance under 
     emergency conditions is critical;
       (B) that uses innovative materials or techniques;
       (C) for which the project design is lacking in redundancy, 
     or that has a unique construction sequencing or a short or 
     overlapping design construction schedule; or
       (D) other than a project described in subparagraphs (A) 
     through (C), as the Director of Independent Review determines 
     to be appropriate.
       (2) Safety assurance review panels.--At the appropriate 
     point in the development of detailed engineering and design 
     specifications for each water resources project subject to 
     review under this subsection, the Director of Independent 
     Review shall establish an independent panel of experts to 
     review and report to the Secretary on the adequacy of 
     construction activities for the project. An independent panel 
     of experts under this subsection shall be composed of not 
     less than 5 nor more than 9 independent experts selected from 
     among individuals who are distinguished experts in 
     engineering, hydrology, or other pertinent disciplines. The 
     Director of Independent Review shall apply the National 
     Academy of Science's policy for selecting committee members 
     to ensure that panel members have no conflict with the 
     project being reviewed. An individual serving on a panel of 
     experts under this subsection shall be compensated at a rate 
     of pay to be determined by the Secretary, and shall be 
     allowed travel expenses.
       (3) Deadlines for safety assurance reviews.--An independent 
     panel of experts established under this subsection shall 
     submit a written report to the Secretary on the adequacy of 
     the construction activities prior to the initiation of 
     physical construction and periodically thereafter until 
     construction activities are completed

[[Page 14957]]

     on a publicly available schedule determined by the Director 
     of Independent Review for the purposes of assuring the public 
     safety. The Director of Independent Review shall ensure that 
     these reviews be carried out in a way to protect the public 
     health, safety, and welfare, while not causing unnecessary 
     delays in construction activities.
       (4) Safety assurance review record.--After receiving a 
     written report from an independent panel of experts 
     established under this subsection, the Secretary shall--
       (A) take into consideration recommendations contained in 
     the report, provide a written explanation of recommendations 
     not adopted, and immediately make the report and explanation 
     available to the public on the Internet; and
       (B) submit the report to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (e) Expenses.--
       (1) In general.--The costs of an independent panel of 
     experts established under subsection (c) or (d) shall be a 
     Federal expense and shall not exceed--
       (A) $250,000, if the total cost of the project in current 
     year dollars is less than $50,000,000; and
       (B) 0.5 percent of the total cost of the project in current 
     year dollars, if the total cost is $50,000,000 or more.
       (2) Waiver.--The Secretary, at the written request of the 
     Director of Independent Review, may waive the cost 
     limitations under paragraph (1) if the Secretary determines 
     appropriate.
       (f) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.
       (g) Savings Clause.--Nothing in this section shall be 
     construed to affect any authority of the Secretary to cause 
     or conduct a peer review of the engineering, scientific, or 
     technical basis of any water resources project in existence 
     on the date of enactment of this Act.

     SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.

       (a) Completion of Mitigation.--Section 906(a) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2283(a)) is 
     amended by adding at the following:
       ``(3) Completion of mitigation.--In any case in which it is 
     not technically practicable to complete mitigation by the 
     last day of construction of the project or separable element 
     of the project because of the nature of the mitigation to be 
     undertaken, the Secretary shall complete the required 
     mitigation as expeditiously as practicable, but in no case 
     later than the last day of the first fiscal year beginning 
     after the last day of construction of the project or 
     separable element of the project.''.
       (b) Use of Consolidated Mitigation.--Section 906(b) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2283(b)) 
     is amended by adding at the end the following:
       ``(3) Use of consolidated mitigation.--
       ``(A) In general.--If the Secretary determines that other 
     forms of compensatory mitigation are not practicable or are 
     less environmentally desirable, the Secretary may purchase 
     available credits from a mitigation bank or conservation bank 
     that is approved in accordance with the Federal Guidance for 
     the Establishment, Use and Operation of Mitigations Banks (60 
     Fed. Reg. 58605) or other applicable Federal laws (including 
     regulations).
       ``(B) Service area.--To the maximum extent practicable, the 
     service area of the mitigation bank or conservation bank 
     shall be in the same watershed as the affected habitat.
       ``(C) Responsibility relieved.--Purchase of credits from a 
     mitigation bank or conservation bank for a water resources 
     project relieves the Secretary and the non-Federal interest 
     from responsibility for monitoring or demonstrating 
     mitigation success.''.
       (c) Mitigation Requirements.--Section 906(d) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2283(d)) is 
     amended--
       (1) in paragraph (1)--
       (A) in the first sentence, by striking ``to the Congress 
     unless such report contains'' and inserting ``to Congress, 
     and shall not select a project alternative in any final 
     record of decision, environmental impact statement, or 
     environmental assessment, unless the proposal, record of 
     decision, environmental impact statement, or environmental 
     assessment contains''; and
       (B) in the second sentence, by inserting ``, and other 
     habitat types are mitigated to not less than in-kind 
     conditions'' after ``mitigated in-kind''; and
       (2) by adding at the end the following:
       ``(3) Mitigation requirements.--
       ``(A) In general.--To mitigate losses to flood damage 
     reduction capabilities and fish and wildlife resulting from a 
     water resources project, the Secretary shall ensure that the 
     mitigation plan for each water resources project 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).
       ``(B) Inclusions.--A specific mitigation plan for a water 
     resources project under paragraph (1) shall include, at a 
     minimum--
       ``(i) a plan for monitoring the implementation and 
     ecological success of each mitigation measure, including a 
     designation of the entities that will be responsible for the 
     monitoring;
       ``(ii) the criteria for ecological success by which the 
     mitigation will be evaluated and determined to be successful;
       ``(iii) land and interests in land to be acquired for the 
     mitigation plan and the basis for a determination that the 
     land and interests are available for acquisition;
       ``(iv) a description of--

       ``(I) the types and amount of restoration activities to be 
     conducted; and
       ``(II) the resource functions and values that will result 
     from the mitigation plan; and

       ``(v) a contingency plan for taking corrective actions in 
     cases in which monitoring demonstrates that mitigation 
     measures are not achieving ecological success in accordance 
     with criteria under clause (ii).
       ``(4) Determination of success.--
       ``(A) In general.--A mitigation plan under this subsection 
     shall be considered to be successful at the time at which the 
     criteria under paragraph (3)(B)(ii) are achieved under the 
     plan, as determined by monitoring under paragraph (3)(B)(i).
       ``(B) Consultation.--In determining whether a mitigation 
     plan is successful under subparagraph (A), the Secretary 
     shall consult annually with appropriate Federal agencies and 
     each State in which the applicable project is located on at 
     least the following:
       ``(i) The ecological success of the mitigation as of the 
     date on which the report is submitted.
       ``(ii) The likelihood that the mitigation will achieve 
     ecological success, as defined in the mitigation plan.
       ``(iii) The projected timeline for achieving that success.
       ``(iv) Any recommendations for improving the likelihood of 
     success.
       ``(C) Reporting.--Not later than 60 days after the date of 
     completion of the annual consultation, the Federal agencies 
     consulted shall, and each State in which the project is 
     located may, submit to the Secretary a report that describes 
     the results of the consultation described in (B).
       ``(D) Action by secretary.--The Secretary shall respond in 
     writing to the substance and recommendations contained in 
     each report under subparagraph (C) by not later than 30 days 
     after the date of receipt of the report.
       ``(5) Monitoring.--Mitigation monitoring shall continue 
     until it has been demonstrated that the mitigation has met 
     the ecological success criteria.''.
       (d) Status Report.--
       (1) In general.--Concurrent with the submission of the 
     President to Congress of the request of the President for 
     appropriations for the Civil Works Program for a fiscal year, 
     the Secretary shall submit to the Committee on the 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report describing the status of 
     construction of projects that require mitigation under 
     section 906 of Water Resources Development Act 1986 (33 
     U.S.C. 2283) and the status of that mitigation.
       (2) Projects included.--The status report shall include the 
     status of--
       (A) all projects that are under construction as of the date 
     of the report;
       (B) all projects for which the President requests funding 
     for the next fiscal year; and
       (C) all projects that have completed construction, but have 
     not completed the mitigation required under section 906 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2283).
       (e) Mitigation Tracking System.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     recordkeeping system to track, for each water resources 
     project undertaken by the Secretary and for each permit 
     issued under section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344)--
       (A) the quantity and type of wetland and any other habitat 
     type affected by the project, project operation, or permitted 
     activity;
       (B) the quantity and type of mitigation measures required 
     with respect to the project, project operation, or permitted 
     activity;
       (C) the quantity and type of mitigation measures that have 
     been completed with respect to the project, project 
     operation, or permitted activity; and
       (D) the status of monitoring of the mitigation measures 
     carried out with respect to the project, project operation, 
     or permitted activity.
       (2) Requirements.--The recordkeeping system under paragraph 
     (1) shall--
       (A) include information relating to the impacts and 
     mitigation measures relating to projects described in 
     paragraph (1) that occur after November 17, 1986; and
       (B) be organized by watershed, project, permit application, 
     and zip code.
       (3) Availability of information.--The Secretary shall make 
     information contained in the recordkeeping system available 
     to the public on the Internet.

     SEC. 2009. STATE TECHNICAL ASSISTANCE.

       Section 22 of the Water Resources Development Act of 1974 
     (42 U.S.C. 1962d-16) is amended--
       (1) by striking ``Sec. 22. (a) The Secretary'' and 
     inserting the following:

     ``SEC. 22. PLANNING ASSISTANCE TO STATES.

       ``(a) Federal-State Cooperation.--
       ``(1) Comprehensive plans.--The Secretary'';
       (2) in subsection (a), by adding at the end the following:
       ``(2) Technical assistance.--
       ``(A) In general.--At the request of a governmental agency 
     or non-Federal interest, the Secretary may provide, at 
     Federal expense, technical assistance to the agency or non-
     Federal interest in managing water resources.
       ``(B) Types of assistance.--Technical assistance under this 
     paragraph may include provision and integration of 
     hydrologic, economic, and environmental data and analyses.'';

[[Page 14958]]

       (3) in subsection (b)(1), by striking ``this section'' each 
     place it appears and inserting ``subsection (a)(1)'';
       (4) in subsection (b)(2), by striking ``up to \1/2\ of 
     the'' and inserting ``the'';
       (5) in subsection (c)--
       (A) by striking ``(c) There is'' and inserting the 
     following:
       ``(c) Authorization of Appropriations.--
       ``(1) Federal and state cooperation.--There is'';
       (B) in paragraph (1) (as designated by subparagraph (A)), 
     by striking ``the provisions of this section except that not 
     more than $500,000 shall be expended in any one year in any 
     one State.'' and inserting ``subsection (a)(1).''; and
       (C) by adding at the end the following:
       ``(2) Technical assistance.--There is authorized to be 
     appropriated to carry out subsection (a)(2) $10,000,000 for 
     each fiscal year, of which not more than $2,000,000 for each 
     fiscal year may be used by the Secretary to enter into 
     cooperative agreements with nonprofit organizations and State 
     agencies to provide assistance to rural and small 
     communities.''; and
       (6) by adding at the end the following:
       ``(e) Annual Submission.--For each fiscal year, based on 
     performance criteria developed by the Secretary, the 
     Secretary shall list in the annual civil works budget 
     submitted to Congress the individual activities proposed for 
     funding under subsection (a)(1) for the fiscal year.''.

     SEC. 2010. ACCESS TO WATER RESOURCE DATA.

       (a) In General.--The Secretary, acting through the Chief of 
     Engineers, shall carry out a program to provide public access 
     to water resource and related water quality data in the 
     custody of the Corps of Engineers.
       (b) Data.--Public access under subsection (a) shall--
       (1) include, at a minimum, access to data generated in 
     water resource project development and regulation under 
     section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344); and
       (2) appropriately employ geographic information system 
     technology and linkages to water resource models and 
     analytical techniques.
       (c) Partnerships.--To the maximum extent practicable, in 
     carrying out activities under this section, the Secretary 
     shall develop partnerships, including cooperative agreements 
     with State, tribal, and local governments and other Federal 
     agencies.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each fiscal year.

     SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-
                   FEDERAL INTERESTS.

       (a) In General.--Section 211(e)(6) of the Water Resources 
     Development Act of 1996 (33 U.S.C. 701b-13(e)(6)) is amended 
     by adding at the end following:
       ``(E) Budget priority.--
       ``(i) In general.--Budget priority for projects under this 
     section shall be proportionate to the percentage of project 
     completion.
       ``(ii) Completed project.--A completed project shall have 
     the same priority as a project with a contractor on site.''.
       (b) Construction of Flood Control Projects by Non-Federal 
     Interests.--Section 211(f) of the Water Resources Development 
     Act of 1996 (33 U.S.C. 701b-13) is amended by adding at the 
     end the following:
       ``(9) Thornton reservoir, cook county, illinois.--An 
     element of the project for flood control, Chicagoland 
     Underflow Plan, Illinois.
       ``(10) St. paul downtown airport (holman field), st. paul, 
     minnesota.--The project for flood damage reduction, St. Paul 
     Downtown Holman Field), St. Paul, Minnesota.
       ``(11) Buffalo bayou, texas.--The project for flood 
     control, Buffalo Bayou, Texas, authorized by the first 
     section of the Act of June 20, 1938 (52 Stat. 804, chapter 
     535) (commonly known as the `River and Harbor Act of 1938') 
     and modified by section 3a of the Act of August 11, 1939 (53 
     Stat. 1414, chapter 699) (commonly known as the `Flood 
     Control Act of 1939'), except that, subject to the approval 
     of the Secretary as provided by this section, the non-Federal 
     interest may design and construct an alternative to such 
     project.
       ``(12) Halls bayou, texas.--The Halls Bayou element of the 
     project for flood control, Buffalo Bayou and tributaries, 
     Texas, authorized by section 101(a)(21) of the Water 
     Resources Development Act of 1990 (33 U.S.C. 2201 note), 
     except that, subject to the approval of the Secretary as 
     provided by this section, the non-Federal interest may design 
     and construct an alternative to such project.
       ``(13) Menomonee river watershed, wisconsin.--The project 
     for the Menominee River Watershed, Wisconsin.''.

     SEC. 2012. REGIONAL SEDIMENT MANAGEMENT.

       (a) In General.--Section 204 of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326) is amended to read 
     as follows:

     ``SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

       ``(a) In General.--In connection with sediment obtained 
     through the construction, operation, or maintenance of an 
     authorized Federal water resources project, the Secretary, 
     acting through the Chief of Engineers, shall develop Regional 
     Sediment Management plans and carry out projects at locations 
     identified in the plan prepared under subsection (e), or 
     identified jointly by the non-Federal interest and the 
     Secretary, for use in the construction, repair, modification, 
     or rehabilitation of projects associated with Federal water 
     resources projects, for--
       ``(1) the protection of property;
       ``(2) the protection, restoration, and creation of aquatic 
     and ecologically related habitats, including wetlands; and
       ``(3) the transport and placement of suitable sediment
       ``(b) Secretarial Findings.--Subject to subsection (c), 
     projects carried out under subsection (a) may be carried out 
     in any case in which the Secretary finds that--
       ``(1) the environmental, economic, and social benefits of 
     the project, both monetary and nonmonetary, justify the cost 
     of the project; and
       ``(2) the project would not result in environmental 
     degradation.
       ``(c) Determination of Planning and Project Costs.--
       ``(1) In general.--In consultation and cooperation with the 
     appropriate Federal, State, regional, and local agencies, the 
     Secretary, acting through the Chief of Engineers, shall 
     develop at Federal expense plans and projects for regional 
     management of sediment obtained in conjunction with 
     construction, operation, and maintenance of Federal water 
     resources projects.
       ``(2) Costs of construction.--
       ``(A) In general.--Costs associated with construction of a 
     project under this section or identified in a Regional 
     Sediment Management plan shall be limited solely to 
     construction costs that are in excess of those costs 
     necessary to carry out the dredging for construction, 
     operation, or maintenance of an authorized Federal water 
     resources project in the most cost-effective way, consistent 
     with economic, engineering, and environmental criteria.
       ``(B) Cost sharing.--The determination of any non-Federal 
     share of the construction cost shall be based on the cost 
     sharing as specified in subsections (a) through (d) of 
     section 103 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213), for the type of Federal water resource 
     project using the dredged resource.
       ``(C) Total cost.--Total Federal costs associated with 
     construction of a project under this section shall not exceed 
     $5,000,000 without Congressional approval.
       ``(3) Operation, maintenance, replacement, and 
     rehabilitation costs.--Operation, maintenance, replacement, 
     and rehabilitation costs associated with a project are a non-
     Federal sponsor responsibility.
       ``(d) Selection of Sediment Disposal Method for 
     Environmental Purposes.--
       ``(1) In general.--In developing and carrying out a Federal 
     water resources project involving the disposal of material, 
     the Secretary may select, with the consent of the non-Federal 
     interest, a disposal method that is not the least-cost option 
     if the Secretary determines that the incremental costs of the 
     disposal method are reasonable in relation to the 
     environmental benefits, including the benefits to the aquatic 
     environment to be derived from the creation of wetlands and 
     control of shoreline erosion.
       ``(2) Federal share.--The Federal share of such incremental 
     costs shall be determined in accordance with subsection (c).
       ``(e) State and Regional Plans.--The Secretary, acting 
     through the Chief of Engineers, may--
       ``(1) cooperate with any State in the preparation of a 
     comprehensive State or regional coastal sediment management 
     plan within the boundaries of the State;
       ``(2) encourage State participation in the implementation 
     of the plan; and
       ``(3) submit to Congress reports and recommendations with 
     respect to appropriate Federal participation in carrying out 
     the plan.
       ``(f) Priority Areas.--In carrying out this section, the 
     Secretary shall give priority to regional sediment management 
     projects in the vicinity of--
       ``(1) Fire Island Inlet, Suffolk County, New York;
       ``(2) Fletcher Cove, California;
       ``(3) Delaware River Estuary, New Jersey and Pennsylvania; 
     and
       ``(4) Toledo Harbor, Lucas County, Ohio.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 
     during each fiscal year, to remain available until expended, 
     for the Federal costs identified under subsection (c), of 
     which up to $5,000,000 shall be used for the development of 
     regional sediment management plans as provided in subsection 
     (e).
       ``(h) Nonprofit Entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
     project carried out under this section, a non-Federal 
     interest may include a nonprofit entity, with the consent of 
     the affected local government.''.
       (b) Repeal.--
       (1) In general.--Section 145 of the Water Resources 
     Development Act of 1976 (33 U.S.C. 426j) is repealed.
       (2) Existing projects.--The Secretary, acting through the 
     Chief of Engineers, may complete any project being carried 
     out under section 145 on the day before the date of enactment 
     of this Act.

     SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT 
                   PROGRAM.

       (a) In General.--Section 3 of the Act entitled ``An Act 
     authorizing Federal participation in the cost of protecting 
     the shores of publicly owned property'', approved August 13, 
     1946 (33 U.S.C. 426g), is amended to read as follows:

     ``SEC. 3. STORM AND HURRICANE RESTORATION AND IMPACT 
                   MINIMIZATION PROGRAM.

       ``(a) Construction of Small Shore and Beach Restoration and 
     Protection Projects.--
       ``(1) In general.--The Secretary may carry out construction 
     of small shore and beach restoration and protection projects 
     not specifically

[[Page 14959]]

     authorized by Congress that otherwise comply with the first 
     section of this Act if the Secretary determines that such 
     construction is advisable.
       ``(2) Local cooperation.--The local cooperation requirement 
     under the first section of this Act shall apply to a project 
     under this section.
       ``(3) Completeness.--A project under this section--
       ``(A) shall be complete; and
       ``(B) shall not commit the United States to any additional 
     improvement to ensure the successful operation of the 
     project, except for participation in periodic beach 
     nourishment in accordance with--
       ``(i) the first section of this Act; and
       ``(ii) the procedure for projects authorized after 
     submission of a survey report.
       ``(b) National Shoreline Erosion Control Development and 
     Demonstration Program.--
       ``(1) In general.--The Secretary, acting through the Chief 
     of Engineers, shall conduct a national shoreline erosion 
     control development and demonstration program (referred to in 
     this section as the `program').
       ``(2) Requirements.--
       ``(A) In general.--The program shall include provisions 
     for--
       ``(i) projects consisting of planning, design, 
     construction, and adequate monitoring of prototype engineered 
     and native and naturalized vegetative shoreline erosion 
     control devices and methods;
       ``(ii) detailed engineering and environmental reports on 
     the results of each project carried out under the program; 
     and
       ``(iii) technology transfers, as appropriate, to private 
     property owners, State and local entities, nonprofit 
     educational institutions, and nongovernmental organizations.
       ``(B) Determination of feasibility.--A project under this 
     section shall not be carried out until the Secretary, acting 
     through the Chief of Engineers, determines that the project 
     is feasible.
       ``(C) Emphasis.--A project carried out under the program 
     shall emphasize, to the maximum extent practicable--
       ``(i) the development and demonstration of innovative 
     technologies;
       ``(ii) efficient designs to prevent erosion at a shoreline 
     site, taking into account the lifecycle cost of the design, 
     including cleanup, maintenance, and amortization;
       ``(iii) new and enhanced shore protection project design 
     and project formulation tools the purposes of which are to 
     improve the physical performance, and lower the lifecycle 
     costs, of the projects;
       ``(iv) natural designs, including the use of native and 
     naturalized vegetation or temporary structures that minimize 
     permanent structural alterations to the shoreline;
       ``(v) the avoidance of negative impacts to adjacent 
     shorefront communities;
       ``(vi) the potential for long-term protection afforded by 
     the technology; and
       ``(vii) recommendations developed from evaluations of the 
     program established under the Shoreline Erosion Control 
     Demonstration Act of 1974 (42 U.S.C. 1962-5 note; 88 Stat. 
     26), including--

       ``(I) adequate consideration of the subgrade;
       ``(II) proper filtration;
       ``(III) durable components;
       ``(IV) adequate connection between units; and
       ``(V) consideration of additional relevant information.

       ``(D) Sites.--
       ``(i) In general.--Each project under the program shall be 
     carried out at--

       ``(I) a privately owned site with substantial public 
     access; or
       ``(II) a publicly owned site on open coast or in tidal 
     waters.

       ``(ii) Selection.--The Secretary, acting through the Chief 
     of Engineers, shall develop criteria for the selection of 
     sites for projects under the program, including criteria 
     based on--

       ``(I) a variety of geographic and climatic conditions;
       ``(II) the size of the population that is dependent on the 
     beaches for recreation or the protection of private property 
     or public infrastructure;
       ``(III) the rate of erosion;
       ``(IV) significant natural resources or habitats and 
     environmentally sensitive areas; and
       ``(V) significant threatened historic structures or 
     landmarks.

       ``(3) Consultation.--The Secretary, acting through the 
     Chief of Engineers, shall carry out the program in 
     consultation with--
       ``(A) the Secretary of Agriculture, particularly with 
     respect to native and naturalized vegetative means of 
     preventing and controlling shoreline erosion;
       ``(B) Federal, State, and local agencies;
       ``(C) private organizations;
       ``(D) the Coastal Engineering Research Center established 
     by the first section of Public Law 88-172 (33 U.S.C. 426-1); 
     and
       ``(E) applicable university research facilities.
       ``(4) Completion of demonstration.--After carrying out the 
     initial construction and evaluation of the performance and 
     lifecycle cost of a demonstration project under this section, 
     the Secretary, acting through the Chief of Engineers, may--
       ``(A) at the request of a non-Federal interest of the 
     project, amend the agreement for a federally-authorized shore 
     protection project in existence on the date on which initial 
     construction of the demonstration project is complete to 
     incorporate the demonstration project as a feature of the 
     shore protection project, with the future cost of the 
     demonstration project to be determined by the cost-sharing 
     ratio of the shore protection project; or
       ``(B) transfer all interest in and responsibility for the 
     completed demonstration project to the non-Federal or other 
     Federal agency interest of the project.
       ``(5) Agreements.--The Secretary, acting through the Chief 
     of Engineers, may enter into an agreement with the non-
     Federal or other Federal agency interest of a project under 
     this section--
       ``(A) to share the costs of construction, operation, 
     maintenance, and monitoring of a project under the program;
       ``(B) to share the costs of removing a project or project 
     element constructed under the program, if the Secretary 
     determines that the project or project element is detrimental 
     to private property, public infrastructure, or public safety; 
     or
       ``(C) to specify ownership of a completed project that the 
     Chief of Engineers determines will not be part of a Corps of 
     Engineers project.
       ``(6) Report.--Not later than December 31 of each year 
     beginning after the date of enactment of this paragraph, the 
     Secretary shall prepare and 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--
       ``(A) the activities carried out and accomplishments made 
     under the program during the preceding year; and
       ``(B) any recommendations of the Secretary relating to the 
     program.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may expend, from any appropriations made available to the 
     Secretary for the purpose of carrying out civil works, not 
     more than $30,000,000 during any fiscal year to pay the 
     Federal share of the costs of construction of small shore and 
     beach restoration and protection projects or small projects 
     under the program.
       ``(2) Limitation.--The total amount expended for a project 
     under this section shall--
       ``(A) be sufficient to pay the cost of Federal 
     participation in the project (including periodic nourishment 
     as provided for under the first section of this Act), as 
     determined by the Secretary; and
       ``(B) be not more than $3,000,000.''.
       (b) Repeal.--Section 5 the Act entitled ``An Act 
     authorizing Federal participation in the cost of protecting 
     the shores of publicly owned property'', approved August 13, 
     1946 (33 U.S.C. 426e et seq.; 110 Stat. 3700) is repealed.

     SEC. 2014. SHORE PROTECTION PROJECTS.

       (a) In General.--In accordance with the Act of July 3, 1930 
     (33 U.S.C. 426), and notwithstanding administrative actions, 
     it is the policy of the United States to promote shore 
     protection projects and related research that encourage the 
     protection, restoration, and enhancement of sandy beaches, 
     including beach restoration and periodic beach renourishment 
     for a period of 50 years, on a comprehensive and coordinated 
     basis by the Federal Government, States, localities, and 
     private enterprises.
       (b) Preference.--In carrying out the policy, preference 
     shall be given to--
       (1) areas in which there has been a Federal investment of 
     funds; and
       (2) areas with respect to which the need for prevention or 
     mitigation of damage to shores and beaches is attributable to 
     Federal navigation projects or other Federal activities.
       (c) Applicability.--The Secretary shall apply the policy to 
     each shore protection and beach renourishment project 
     (including shore protection and beach renourishment projects 
     in existence on the date of enactment of this Act).

     SEC. 2015. COST SHARING FOR MONITORING.

       (a) In General.--Costs incurred for monitoring for an 
     ecosystem restoration project shall be cost-shared--
       (1) in accordance with the formula relating to the 
     applicable original construction project; and
       (2) for a maximum period of 10 years.
       (b) Aggregate Limitation.--Monitoring costs for an 
     ecosystem restoration project--
       (1) shall not exceed in the aggregate, for a 10-year 
     period, an amount equal to 5 percent of the cost of the 
     applicable original construction project; and
       (2) after the 10-year period, shall be 100 percent non-
     Federal.

     SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.

       For each of the following projects, the Corps of Engineers 
     shall include ecosystem restoration benefits in the 
     calculation of benefits for the project:
       (1) Grayson's Creek, California.
       (2) Seven Oaks, California.
       (3) Oxford, California.
       (4) Walnut Creek, California.
       (5) Wildcat Phase II, California.

     SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND PROCESSING 
                   OF PERMITS.

       Section 214(a) of the Water Resources Development Act of 
     2000 (33 U.S.C. 2201 note; 114 Stat. 2594) is amended by 
     striking ``In fiscal years 2001 through 2003, the'' and 
     inserting ``The''.

     SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall implement a 
     program to allow electronic submission of permit applications 
     for permits under the jurisdiction of the Corps of Engineers.
       (b) Limitations.--This section does not preclude the 
     submission of a hard copy, as required.

[[Page 14960]]

       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000.

     SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT CORPS OF 
                   ENGINEERS RESERVOIRS.

       (a) In General.--As part of the operation and maintenance, 
     by the Corps of Engineers, of reservoirs in operation as of 
     the date of enactment of this Act, the Secretary shall carry 
     out the measures described in subsection (c) to support the 
     water resource needs of project sponsors and any affected 
     State, local, or tribal government for authorized project 
     purposes.
       (b) Cooperation.--The Secretary shall carry out the 
     measures described in subsection (c) in cooperation and 
     coordination with project sponsors and any affected State, 
     local, or tribal government.
       (c) Measures.--In carrying out this section, the Secretary 
     may--
       (1) conduct a study to identify unused, underused, or 
     additional water storage capacity at reservoirs;
       (2) review an operational plan and identify any change to 
     maximize an authorized project purpose to improve water 
     storage capacity and enhance efficiency of releases and 
     withdrawal of water;
       (3) improve and update data, data collection, and 
     forecasting models to maximize an authorized project purpose 
     and improve water storage capacity and delivery to water 
     users; and
       (4) conduct a sediment study and implement any sediment 
     management or removal measure.
       (d) Revenues for Special Cases.--
       (1) Costs of water supply storage.--In the case of a 
     reservoir operated or maintained by the Corps of Engineers on 
     the date of enactment of this Act, the storage charge for a 
     future contract or contract renewal for the first cost of 
     water supply storage at the reservoir shall be the lesser of 
     the estimated cost of purposes foregone, replacement costs, 
     or the updated cost of storage.
       (2) Reallocation.--In the case of a water supply that is 
     reallocated from another project purpose to municipal or 
     industrial water supply, the joint use costs for the 
     reservoir shall be adjusted to reflect the reallocation of 
     project purposes.
       (3) Credit for affected project purposes.--In the case of a 
     reallocation that adversely affects hydropower generation, 
     the Secretary shall defer to the Administrator of the 
     respective Power Marketing Administration to calculate the 
     impact of such a reallocation on the rates for hydroelectric 
     power.

     SEC. 2020. FEDERAL HOPPER DREDGES.

       Section 3(c)(7)(B) of the Act of August 11, 1888 (33 U.S.C. 
     622; 25 Stat. 423), is amended by adding at the end the 
     following: ``This subparagraph shall not apply to the Federal 
     hopper dredges Essayons and Yaquina of the Corps of 
     Engineers.''.

     SEC. 2021. EXTRAORDINARY RAINFALL EVENTS.

       In the State of Louisiana, extraordinary rainfall events 
     such as Hurricanes Katrina and Rita, which occurred during 
     calendar year 2005, and Hurricane Andrew, which occurred 
     during calendar year 1992, shall not be considered in making 
     a determination with respect to the ordinary high water mark 
     for purposes of carrying out section 10 of the Act of March 
     3, 1899 (33 U.S.C. 403) (commonly known as the ``Rivers and 
     Harbors Act'').

     SEC. 2022. WILDFIRE FIREFIGHTING.

       Section 309 of Public Law 102-154 (42 U.S.C. 1856a-1; 105 
     Stat. 1034) is amended by inserting ``the Secretary of the 
     Army,'' after ``the Secretary of Energy,''.

     SEC. 2023. NONPROFIT ORGANIZATIONS AS SPONSORS.

       Section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5b(b)) is amended--
       (1) by striking ``A non-Federal interest shall be'' and 
     inserting the following:
       ``(1) In general.--In this section, the term `non-Federal 
     interest' means''; and
       (2) by adding at the end the following:
       ``(2) Inclusions.--The term `non-Federal interest' includes 
     a nonprofit organization acting with the consent of the 
     affected unit of government.''.

     SEC. 2024. PROJECT ADMINISTRATION.

       (a) Project Tracking.--The Secretary shall assign a unique 
     tracking number to each water resources project under the 
     jurisdiction of the Secretary, to be used by each Federal 
     agency throughout the life of the project.
       (b) Report Repository.--
       (1) In general.--The Secretary shall maintain at the 
     Library of Congress a copy of each final feasibility study, 
     final environmental impact statement, final reevaluation 
     report, record of decision, and report to Congress prepared 
     by the Corps of Engineers.
       (2) Availability to public.--
       (A) In general.--Each document described in paragraph (1) 
     shall be made available to the public for review, and an 
     electronic copy of each document shall be made permanently 
     available to the public through the Internet website of the 
     Corps of Engineers.
       (B) Cost.--The Secretary shall charge the requestor for the 
     cost of duplication of the requested document.

     SEC. 2025. PROGRAM ADMINISTRATION.

       Sections 101, 106, and 108 of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2252-2254), are repealed.

     SEC. 2026. NATIONAL DAM SAFETY PROGRAM REAUTHORIZATION.

       (a) Short Title.--This section may be cited as the 
     ``National Dam Safety Program Act of 2006''.
       (b) Reauthorization.--Section 13 of the National Dam Safety 
     Program Act (33 U.S.C. 467j) is amended--
       (1) in subsection (a)(1), by adding ``, and $8,000,000 for 
     each of fiscal years 2007 through 2011, to remain available 
     until expended'' after ``expended'';
       (2) in subsection (b), by striking ``$500,000'' and 
     inserting ``$1,000,000'';
       (3) in subsection (c), by inserting before the period at 
     the end the following: ``, and $2,000,000 for each of fiscal 
     years 2007 through 2011, to remain available until 
     expended'';
       (4) in subsection (d), by inserting before the period at 
     the end the following: ``, and $700,000 for each of fiscal 
     years 2007 through 2011, to remain available until 
     expended''; and
       (5) in subsection (e), by inserting before the period at 
     the end the following: ``, and $1,000,000 for each of fiscal 
     years 2007 through 2011, to remain available until 
     expended''.

     SEC. 2027. EXTENSION OF SHORE PROTECTION PROJECTS.

       (a) In General.--Before the date on which the applicable 
     period for Federal financial participation in a shore 
     protection project terminates, the Secretary, acting through 
     the Chief of Engineers, is authorized to review the shore 
     protection project to determine whether it would be feasible 
     to extend the period of Federal financial participation 
     relating to the project.
       (b) Report.--The Secretary shall submit to Congress a 
     report describing the results of each review conducted under 
     subsection (a).

              Subtitle B--Continuing Authorities Projects

     SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATERBOURNE 
                   TRANSPORTATION.

       Section 107 of the River and Harbor Act of 1960 (33 U.S.C. 
     577) is amended--
       (1) by striking ``Sec. 107. (a) That the Secretary of the 
     Army is hereby authorized to'' and inserting the following:

     ``SEC. 107. NAVIGATION ENHANCEMENTS FOR WATERBOURNE 
                   TRANSPORTATION.

       ``(a) In General.--The Secretary of the Army may'';
       (2) in subsection (b)--
       (A) by striking ``(b) Not more'' and inserting the 
     following:
       ``(b) Allotment.--Not more''; and
       (B) by striking ``$4,000,000'' and inserting 
     ``$7,000,000'';
       (3) in subsection (c), by striking ``(c) Local'' and 
     inserting the following:
       ``(c) Local Contributions.--Local'';
       (4) in subsection (d), by striking ``(d) Non-Federal'' and 
     inserting the following:
       ``(d) Non-Federal Share.--Non-Federal'';
       (5) in subsection (e), by striking ``(e) Each'' and 
     inserting the following:
       ``(e) Completion.--Each''; and
       (6) in subsection (f), by striking ``(f) This'' and 
     inserting the following:
       ``(f) Applicability.--This''.

     SEC. 2032. PROTECTION AND RESTORATION DUE TO EMERGENCIES AT 
                   SHORES AND STREAMBANKS.

       Section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r) is amended--
       (1) by striking ``$15,000,000'' and inserting 
     ``$20,000,000''; and
       (2) by striking ``$1,000,000'' and inserting 
     ``$1,500,000''.

     SEC. 2033. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF 
                   AQUATIC AND RIPARIAN ECOSYSTEMS PROGRAM.

       Section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 206. RESTORATION OF THE ENVIRONMENT FOR PROTECTION OF 
                   AQUATIC AND RIPARIAN ECOSYSTEMS PROGRAM.'';

       (2) in subsection (a), by striking ``an aquatic'' and 
     inserting ``a freshwater aquatic''; and
       (3) in subsection (e), by striking ``$25,000,000'' and 
     inserting ``$75,000,000''.

     SEC. 2034. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR 
                   IMPROVEMENT AND RESTORATION OF ECOSYSTEMS 
                   PROGRAM.

       Section 1135 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2309a) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 1135. ENVIRONMENTAL MODIFICATION OF PROJECTS FOR 
                   IMPROVEMENT AND RESTORATION OF ECOSYSTEMS 
                   PROGRAM.'';

       and
       (2) in subsection (h), by striking ``25,000,000'' and 
     inserting ``$50,000,000''.

     SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COASTAL 
                   HABITATS.

       (a) In General.--The Secretary may carry out an estuary 
     habitat restoration project if the Secretary determines that 
     the project--
       (1) will improve the elements and features of an estuary 
     (as defined in section 103 of the Estuaries and Clean Waters 
     Act of 2000 (33 U.S.C. 2902));
       (2) is in the public interest; and
       (3) is cost-effective.
       (b) Cost Sharing.--The non-Federal share of the cost of 
     construction of any project under this section--
       (1) shall be 35 percent; and
       (2) shall include the costs of all land, easements, rights-
     of-way, and necessary relocations.
       (c) Agreements.--Construction of a project under this 
     section shall commence only after a non-Federal interest has 
     entered into a binding agreement with the Secretary to pay--
       (1) the non-Federal share of the costs of construction 
     required under subsection (b); and
       (2) in accordance with regulations promulgated by the 
     Secretary, 100 percent of the costs

[[Page 14961]]

     of any operation, maintenance, replacement, or rehabilitation 
     of the project.
       (d) Limitation.--Not more than $5,000,000 in Federal funds 
     may be allocated under this section for a project at any 1 
     location.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each fiscal year beginning after the date of enactment of 
     this Act.

     SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.

       Section 560 of the Water Resources Development Act of 1999 
     (33 U.S.C. 2336; 113 Stat. 354-355) is amended--
       (1) by striking subsection (f);
       (2) by redesignating subsections (a) through (e) as 
     subsections (b) through (f), respectively;
       (3) by inserting before subsection (b) (as redesignated by 
     paragraph (2)) the following:
       ``(a) Definition of Non-Federal Interest.--In this section, 
     the term `non-Federal interest' includes, with the consent of 
     the affected local government, nonprofit entities, 
     notwithstanding section 221 of the Flood Control Act of 1970 
     (42 U.S.C. 1962d-5b).'';
       (4) in subsection (b) (as redesignated by paragraph (2))--
       (A) by inserting ``, and construction'' before 
     ``assistance''; and
       (B) by inserting ``, including, with the consent of the 
     affected local government, nonprofit entities,'' after ``non-
     Federal interests'';
       (5) in paragraph (3) of subsection (c) (as redesignated by 
     paragraph (2))--
       (A) by inserting ``physical hazards and'' after 
     ``adverse''; and
       (B) by striking ``drainage from'';
       (6) in subsection (d) (as redesignated by paragraph (2)), 
     by striking ``50'' and inserting ``25''; and
       (7) by adding at the end the following:
       ``(g) Operation and Maintenance.--The non-Federal share of 
     the costs of operation and maintenance for a project carried 
     out under this section shall be 100 percent.
       ``(h) No Effect on Liability.--The provision of assistance 
     under this section shall not relieve from liability any 
     person that would otherwise be liable under Federal or State 
     law for damages, response costs, natural resource damages, 
     restitution, equitable relief, or any other relief.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for each fiscal 
     year $45,000,000, to remain available until expended.''.

     SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION AND REMOVAL 
                   OF DAMS.

       (a) In General.--The Secretary may carry out a small dam 
     removal or rehabilitation project if the Secretary determines 
     that the project will improve the quality of the environment 
     or is in the public interest.
       (b) Cost Sharing.--A non-Federal interest shall provide 35 
     percent of the cost of the removal or remediation of any 
     project carried out under this section, including provision 
     of all land, easements, rights-of-way, and necessary 
     relocations.
       (c) Agreements.--Construction of a project under this 
     section shall be commenced only after a non-Federal interest 
     has entered into a binding agreement with the Secretary to 
     pay--
       (1) the non-Federal share of the costs of construction 
     required by this section; and
       (2) 100 percent of any operation and maintenance cost.
       (d) Cost Limitation.--Not more than $5,000,000 in Federal 
     funds may be allotted under this section for a project at any 
     single location.
       (e) Funding.--There is authorized to be appropriated to 
     carry out this section $25,000,000 for each fiscal year.

     SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.

       (a) In General.--The Secretary shall develop eligibility 
     criteria for Federal participation in navigation projects 
     located in economically disadvantaged communities that are--
       (1) dependent on water transportation for subsistence; and
       (2) located in--
       (A) remote areas of the United States;
       (B) American Samoa;
       (C) Guam;
       (D) the Commonwealth of the Northern Mariana Islands;
       (E) the Commonwealth of Puerto Rico; or
       (F) the United States Virgin Islands.
       (b) Administration.--The criteria developed under this 
     section--
       (1) shall--
       (A) provide for economic expansion; and
       (B) identify opportunities for promoting economic growth; 
     and
       (2) shall not require project justification solely on the 
     basis of National Economic Development benefits received.

     SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.

       (a) Partnership Agreements.--Section 221 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962d-5b) is amended--
       (1) by redesignating subsection (e) as subsection (g); and
       (2) by inserting after subsection (d) the following:
       ``(e) Public Health and Safety.--If the Secretary 
     determines that a project needs to be continued for the 
     purpose of public health and safety--
       ``(1) the non-Federal interest shall pay the increased 
     projects costs, up to an amount equal to 20 percent of the 
     original estimated project costs and in accordance with the 
     statutorily-determined cost share; and
       ``(2) notwithstanding the statutorily-determined Federal 
     share, the Secretary shall pay all increased costs remaining 
     after payment of 20 percent of the increased costs by the 
     non-Federal interest under paragraph (1).
       ``(f) Limitation.--Nothing in subsection (a) limits the 
     authority of the Secretary to ensure that a partnership 
     agreement meets the requirements of law and policies of the 
     Secretary in effect on the date of execution of the 
     partnership agreement.''.
       (b) Local Cooperation.--Section 912(b) of the Water 
     Resources Development Act of 1986 (100 Stat. 4190) is 
     amended--
       (1) in paragraph (2)--
       (A) in the first sentence, by striking ``shall'' and 
     inserting ``may''; and
       (B) by striking the second sentence; and
       (2) in paragraph (4)--
       (A) in the first sentence--
       (i) by striking ``injunction, for'' and inserting 
     ``injunction and payment of liquidated damages, for''; and
       (ii) by striking ``to collect a civil penalty imposed under 
     this section,''; and
       (B) in the second sentence, by striking ``any civil penalty 
     imposed under this section,'' and inserting ``any liquidated 
     damages,''.
       (c) Applicability.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsections (a) and (b) shall apply only 
     to partnership agreements entered into after the date of 
     enactment of this Act.
       (2) Exception.--Notwithstanding paragraph (1), the district 
     engineer for the district in which a project is located may 
     amend the partnership agreement for the project entered into 
     on or before the date of enactment of this Act--
       (A) at the request of a non-Federal interest for a project; 
     and
       (B) if construction on the project has not been initiated 
     as of the date of enactment of this Act.
       (d) References.--
       (1) Cooperation agreements.--Any reference in a law, 
     regulation, document, or other paper of the United States to 
     a cooperation agreement or project cooperation agreement 
     shall be considered to be a reference to a partnership 
     agreement or a project partnership agreement, respectively.
       (2) Partnership agreements.--Any reference to a partnership 
     agreement or project partnership agreement in this Act (other 
     than in this section) shall be considered to be a reference 
     to a cooperation agreement or a project cooperation 
     agreement, respectively.

     SEC. 2040. PROGRAM NAMES.

       Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s) is amended by striking ``Sec. 205. That the'' and 
     inserting the following:

     ``SEC. 205. PROJECTS TO ENHANCE REDUCTION OF FLOODING AND 
                   OBTAIN RISK MINIMIZATION.

       ``The''.

               Subtitle C--National Levee Safety Program

     SEC. 2051. SHORT TITLE.

       This subtitle may be cited as the ``National Levee Safety 
     Program Act of 2006''.

     SEC. 2052. DEFINITIONS.

       In this subtitle:
       (1) Assessment.--The term ``assessment'' means the periodic 
     engineering evaluation of a levee by a registered 
     professional engineer to--
       (A) review the engineering features of the levee; and
       (B) develop a risk-based performance evaluation of the 
     levee, taking into consideration potential consequences of 
     failure or overtopping of the levee.
       (2) Committee.--The term ``Committee'' means the National 
     Levee Safety Committee established by section 2053(a).
       (3) Inspection.--The term ``inspection'' means an annual 
     review of a levee to verify whether the owner or operator of 
     the levee is conducting required operation and maintenance in 
     accordance with established levee maintenance standards.
       (4) Levee.--The term ``levee'' means an embankment 
     (including a floodwall) that--
       (A) is designed, constructed, or operated for the purpose 
     of flood or storm damage reduction;
       (B) reduces the risk of loss of human life or risk to the 
     public safety; and
       (C) is not otherwise defined as a dam by the Federal 
     Guidelines for Dam Safety.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (6) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (7) State levee safety agency.--The term ``State levee 
     safety agency'' means the State agency that has regulatory 
     authority over the safety of any non-Federal levee in a 
     State.
       (8) United states.--The term ``United States'', when used 
     in a geographical sense, means all of the States.

     SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a National 
     Levee Safety Committee, consisting of representatives of 
     Federal agencies and State, tribal, and local governments, in 
     accordance with this subsection.
       (2) Federal agencies.--
       (A) In general.--The head of each Federal agency and the 
     head of the International Boundary Waters Commission may 
     designate a representative to serve on the Committee.

[[Page 14962]]

       (B) Action by secretary.--The Secretary shall ensure, to 
     the maximum extent practicable, that--
       (i) each Federal agency that designs, owns, operates, or 
     maintains a levee is represented on the Committee; and
       (ii) each Federal agency that has responsibility for 
     emergency preparedness or response activities is represented 
     on the Committee.
       (3) Tribal, state, and local governments.--
       (A) In general.--The Secretary shall appoint 8 members to 
     the Committee--
       (i) 3 of whom shall represent tribal governments affected 
     by levees, based on recommendations of tribal governments;
       (ii) 3 of whom shall represent State levee safety agencies, 
     based on recommendations of Governors of the States; and
       (iii) 2 of whom shall represent local governments, based on 
     recommendations of Governors of the States.
       (B) Requirement.--In appointing members under subparagraph 
     (A), the Secretary shall ensure broad geographic 
     representation, to the maximum extent practicable.
       (4) Chairperson.--The Secretary shall serve as Chairperson 
     of the Committee.
       (5) Other members.--The Secretary, in consultation with the 
     Committee, may invite to participate in meetings of the 
     Committee, as appropriate, 1 or more of the following:
       (A) Representatives of the National Laboratories.
       (B) Levee safety experts.
       (C) Environmental organizations.
       (D) Members of private industry.
       (E) Any other individual or entity, as the Committee 
     determines to be appropriate.
       (b) Duties.--
       (1) In general.--The Committee shall--
       (A) advise the Secretary in implementing the national levee 
     safety program under section 2054;
       (B) support the establishment and maintenance of effective 
     programs, policies, and guidelines to enhance levee safety 
     for the protection of human life and property throughout the 
     United States; and
       (C) support coordination and information exchange between 
     Federal agencies and State levee safety agencies that share 
     common problems and responsibilities relating to levee 
     safety, including planning, design, construction, operation, 
     emergency action planning, inspections, maintenance, 
     regulation or licensing, technical or financial assistance, 
     research, and data management.
       (c) Powers.--
       (1) Information from federal agencies.--
       (A) In general.--The Committee may secure directly from a 
     Federal agency such information as the Committee considers to 
     be necessary to carry out this section.
       (B) Provision of information.--On request of the Committee, 
     the head of a Federal agency shall provide the information to 
     the Committee.
       (2) Contracts.--The Committee may enter into any contract 
     the Committee determines to be necessary to carry out a duty 
     of the Committee.
       (d) Working Groups.--
       (1) In general.--The Secretary may establish working groups 
     to assist the Committee in carrying out this section.
       (2) Membership.--A working group under paragraph (1) shall 
     be composed of--
       (A) members of the Committee; and
       (B) any other individual, as the Secretary determines to be 
     appropriate.
       (e) Compensation of Members.--
       (1) Federal employees.--A member of the Committee who is an 
     officer or employee of the United States shall serve without 
     compensation in addition to compensation received for the 
     services of the member as an officer or employee of the 
     United States.
       (2) Other members.--A member of the Committee who is not an 
     officer or employee of the United States shall serve without 
     compensation.
       (f) Travel Expenses.--
       (1) Representatives of federal agencies.--To the extent 
     amounts are made available in advance in appropriations Acts, 
     a member of the Committee who represents a Federal agency 
     shall be reimbursed with appropriations for travel expenses 
     by the agency of the member, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from home or regular place of business of 
     the member in the performance of services for the Committee.
       (2) Other individuals.--To the extent amounts are made 
     available in advance in appropriations Acts, a member of the 
     Committee who represents a State levee safety agency, a 
     member of the Committee who represents the private sector, 
     and a member of a working group created under subsection (d) 
     shall be reimbursed for travel expenses by the Secretary, 
     including per diem in lieu of subsistence, at rates 
     authorized for an employee of an agency under subchapter 1 of 
     chapter 57 of title 5, United States Code, while away from 
     home or regular place of business of the member in 
     performance of services for the Committee.
       (g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Committee.

     SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Committee and State levee safety agencies, shall establish 
     and maintain a national levee safety program.
       (b) Purposes.--The purposes of the program under this 
     section are--
       (1) to ensure that new and existing levees are safe through 
     the development of technologically and economically feasible 
     programs and procedures for hazard reduction relating to 
     levees;
       (2) to encourage appropriate engineering policies and 
     procedures to be used for levee site investigation, design, 
     construction, operation and maintenance, and emergency 
     preparedness;
       (3) to encourage the establishment and implementation of 
     effective levee safety programs in each State;
       (4) to develop and support public education and awareness 
     projects to increase public acceptance and support of State 
     levee safety programs;
       (5) to develop technical assistance materials for Federal 
     and State levee safety programs;
       (6) to develop methods of providing technical assistance 
     relating to levee safety to non-Federal entities; and
       (7) to develop technical assistance materials, seminars, 
     and guidelines to improve the security of levees in the 
     United States.
       (c) Strategic Plan.--In carrying out the program under this 
     section, the Secretary, in coordination with the Committee, 
     shall prepare a strategic plan--
       (1) to establish goals, priorities, and target dates to 
     improve the safety of levees in the United States;
       (2) to cooperate and coordinate with, and provide 
     assistance to, State levee safety agencies, to the maximum 
     extent practicable;
       (3) to share information among Federal agencies, State and 
     local governments, and private entities relating to levee 
     safety; and
       (4) to provide information to the public relating to risks 
     associated with levee failure or overtopping.
       (d) Federal Guidelines.--
       (1) In general.--In carrying out the program under this 
     section, the Secretary, in coordination with the Committee, 
     shall establish Federal guidelines relating to levee safety.
       (2) Incorporation of federal activities.--The Federal 
     guidelines under paragraph (1) shall incorporate, to the 
     maximum extent practicable, any activity carried out by a 
     Federal agency as of the date on which the guidelines are 
     established.
       (e) Incorporation of Existing Activities.--The program 
     under this section shall incorporate, to the maximum extent 
     practicable--
       (1) any activity carried out by a State or local 
     government, or a private entity, relating to the 
     construction, operation, or maintenance of a levee; and
       (2) any activity carried out by a Federal agency to support 
     an effort by a State levee safety agency to develop and 
     implement an effective levee safety program.
       (f) Inventory of Levees.--The Secretary shall develop, 
     maintain, and periodically publish an inventory of levees in 
     the United States, including the results of any levee 
     assessment conducted under this section and inspection.
       (g) Assessments of Levees.--
       (1) In general.--Except as provided in paragraph (2), as 
     soon as practicable after the date of enactment of this Act, 
     the Secretary shall conduct an assessment of each levee in 
     the United States that protects human life or the public 
     safety to determine the potential for a failure or 
     overtopping of the levee that would pose a risk of loss of 
     human life or a risk to the public safety.
       (2) Exception.--The Secretary may exclude from assessment 
     under paragraph (1) any non-Federal levee the failure or 
     overtopping of which would not pose a risk of loss of human 
     life or a risk to the public safety.
       (3) Prioritization.--In determining the order in which to 
     assess levees under paragraph (1), the Secretary shall give 
     priority to levees the failure or overtopping of which would 
     constitute the highest risk of loss of human life or a risk 
     to the public safety, as determined by the Secretary.
       (4) Determination.--In assessing levees under paragraph 
     (1), the Secretary shall take into consideration the 
     potential of a levee to fail or overtop because of--
       (A) hydrologic or hydraulic conditions;
       (B) storm surges;
       (C) geotechnical conditions;
       (D) inadequate operating procedures;
       (E) structural, mechanical, or design deficiencies; or
       (F) other conditions that exist or may occur in the 
     vicinity of the levee.
       (5) State participation.--On request of a State levee 
     safety agency, with respect to any levee the failure of which 
     would affect the State, the Secretary shall--
       (A) provide information to the State levee safety agency 
     relating to the construction, operation, and maintenance of 
     the levee; and
       (B) allow an official of the State levee safety agency to 
     participate in the assessment of the levee.
       (6) Report.--As soon as practicable after the date on which 
     a levee is assessed under this section, the Secretary shall 
     provide to the Governor of the State in which the levee is 
     located a notice describing the results of the assessment, 
     including--
       (A) a description of the results of the assessment under 
     this subsection;
       (B) a description of any hazardous condition discovered 
     during the assessment; and
       (C) on request of the Governor, information relating to any 
     remedial measure necessary to mitigate or avoid any hazardous 
     condition discovered during the assessment.
       (7) Subsequent assessments.--
       (A) In general.--After the date on which a levee is 
     initially assessed under this subsection,

[[Page 14963]]

     the Secretary shall conduct a subsequent assessment of the 
     levee not less frequently than once every 5 years.
       (B) State assessment of non-federal levees.--
       (i) In general.--Each State shall conduct assessments of 
     non-Federal levees located within the State in accordance 
     with the applicable State levee safety program.
       (ii) Availability of information.--Each State shall make 
     the results of the assessments under clause (i) available for 
     inclusion in the national inventory under subsection (f).
       (iii) Non-federal levees.--

       (I) In general.--On request of the Governor of a State, the 
     Secretary may assess a non-Federal levee in the State.
       (II) Cost.--The State shall pay 100 percent of the cost of 
     an assessment under subclause (I).
       (III) Funding.--The Secretary may accept funds from any 
     levee owner for the purposes of conducting engineering 
     assessments to determine the performance and structural 
     integrity of a levee.

       (h) State Levee Safety Programs.--
       (1) Assistance to states.--In carrying out the program 
     under this section, the Secretary shall provide funds to 
     State levee safety agencies (or another appropriate State 
     agency, as designated by the Governor of the State) to assist 
     States in establishing, maintaining, and improving levee 
     safety programs.
       (2) Application.--
       (A) In general.--To receive funds under this subsection, a 
     State levee safety agency shall submit to the Secretary an 
     application in such time, in such manner, and containing such 
     information as the Secretary may require.
       (B) Inclusion.--An application under subparagraph (A) shall 
     include an agreement between the State levee safety agency 
     and the Secretary under which the State levee safety agency 
     shall, in accordance with State law--
       (i) review and approve plans and specifications to 
     construct, enlarge, modify, remove, or abandon a levee in the 
     State;
       (ii) perform periodic evaluations during levee construction 
     to ensure compliance with the approved plans and 
     specifications;
       (iii) approve the construction of a levee in the State 
     before the date on which the levee becomes operational;
       (iv) assess, at least once every 5 years, all levees and 
     reservoirs in the State the failure of which would cause a 
     significant risk of loss of human life or risk to the public 
     safety to determine whether the levees and reservoirs are 
     safe;
       (v) establish a procedure for more detailed and frequent 
     safety evaluations;
       (vi) ensure that assessments are led by a State-registered 
     professional engineer with related experience in levee design 
     and construction;
       (vii) issue notices, if necessary, to require owners of 
     levees to perform necessary maintenance or remedial work, 
     improve security, revise operating procedures, or take other 
     actions, including breaching levees;
       (viii) contribute funds to--

       (I) ensure timely repairs or other changes to, or removal 
     of, a levee in order to reduce the risk of loss of human life 
     and the risk to public safety; and
       (II) if the owner of a levee does not take an action 
     described in subclause (I), take appropriate action as 
     expeditiously as practicable;

       (ix) establish a system of emergency procedures and 
     emergency response plans to be used if a levee fails or if 
     the failure of a levee is imminent;
       (x) identify--

       (I) each levee the failure of which could be reasonably 
     expected to endanger human life;
       (II) the maximum area that could be flooded if a levee 
     failed; and
       (III) necessary public facilities that would be affected by 
     the flooding; and

       (xi) for the period during which the funds are provided, 
     maintain or exceed the aggregate expenditures of the State 
     during the 2 fiscal years preceding the fiscal year during 
     which the funds are provided to ensure levee safety.
       (3) Determination of secretary.--
       (A) In general.--Not later than 120 days after the date on 
     which the Secretary receives an application under paragraph 
     (2), the Secretary shall approve or disapprove the 
     application.
       (B) Notice of disapproval.--If the Secretary disapproves an 
     application under subparagraph (A), the Secretary shall 
     immediately provide to the State levee safety agency a 
     written notice of the disapproval, including a description 
     of--
       (i) the reasons for the disapproval; and
       (ii) changes necessary for approval of the application, if 
     any.
       (C) Failure to determine.--If the Secretary fails to make a 
     determination by the deadline under subparagraph (A), the 
     application shall be considered to be approved.
       (4) Review of state levee safety programs.--
       (A) In general.--The Secretary, in conjunction with the 
     Committee, may periodically review any program carried out 
     using funds under this subsection.
       (B) Inadequate programs.--If the Secretary determines under 
     a review under subparagraph (A) that a program is inadequate 
     to reasonably protect human life and property, the Secretary 
     shall, until the Secretary determines the program to be 
     adequate--
       (i) revoke the approval of the program; and
       (ii) withhold assistance under this subsection.
       (i) Reporting.--Not later than 90 days after the end of 
     each odd-numbered fiscal year, the Secretary, in consultation 
     with the Committee, shall submit to Congress a report 
     describing--
       (1) the status of the program under this section;
       (2) the progress made by Federal agencies during the 2 
     preceding fiscal years in implementing Federal guidelines for 
     levee safety;
       (3) the progress made by State levee safety agencies 
     participating in the program; and
       (4) recommendations for legislative or other action that 
     the Secretary considers to be necessary, if any.
       (j) Research.--The Secretary, in coordination with the 
     Committee, shall carry out a program of technical and 
     archival research to develop and support--
       (1) improved techniques, historical experience, and 
     equipment for rapid and effective levee construction, 
     rehabilitation, and assessment or inspection;
       (2) the development of devices for the continued monitoring 
     of levee safety;
       (3) the development and maintenance of information 
     resources systems required to manage levee safety projects; 
     and
       (4) public policy initiatives and other improvements 
     relating to levee safety engineering, security, and 
     management.
       (k) Participation by State Levee Safety Agencies.--In 
     carrying out the levee safety program under this section, the 
     Secretary shall--
       (1) solicit participation from State levee safety agencies; 
     and
       (2) periodically update State levee safety agencies and 
     Congress on the status of the program.
       (l) Levee Safety Training.--The Secretary, in consultation 
     with the Committee, shall establish a program under which the 
     Secretary shall provide training for State levee safety 
     agency staff and inspectors to a State that has, or intends 
     to develop, a State levee safety program, on request of the 
     State.
       (m) Effect of Subtitle.--Nothing in this subtitle--
       (1) creates any Federal liability relating to the recovery 
     of a levee caused by an action or failure to act;
       (2) relieves an owner or operator of a levee of any legal 
     duty, obligation, or liability relating to the ownership or 
     operation of the levee; or
       (3) except as provided in subsection (g)(7)(B)(iii)(III), 
     preempts any applicable Federal or State law.

     SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary--
       (1) $50,000,000 to establish and maintain the inventory 
     under section 2054(f);
       (2) $424,000,000 to carry out levee safety assessments 
     under section 2054(g);
       (3) to provide funds for State levee safety programs under 
     section 2054(h)--
       (A) $15,000,000 for fiscal year 2007; and
       (B) $5,000,000 for each of fiscal years 2008 through 2011;
       (4) $2,000,000 to carry out research under section 2054(j);
       (5) $1,000,000 to carry out levee safety training under 
     section 2054(l); and
       (6) $150,000 to provide travel expenses to members of the 
     Committee under section 2053(f).

                 TITLE III--PROJECT-RELATED PROVISIONS

     SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.

       The Secretary shall carry out, on an emergency basis, 
     necessary removal of rubble, sediment, and rock impeding the 
     entrance to the St. Herman and St. Paul Harbors, Kodiak, 
     Alaska, at a Federal cost of $2,000,000.

     SEC. 3002. SITKA, ALASKA.

       The Sitka, Alaska, element of the project for navigation, 
     Southeast Alaska Harbors of Refuge, Alaska, authorized by 
     section 101 of the Water Resources Development Act of 1992 
     (106 Stat. 4801), is modified to direct the Secretary to take 
     such action as is necessary to correct design deficiencies in 
     the Sitka Harbor Breakwater, at full Federal expense. The 
     estimated cost is $6,300,000.

     SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

       (a) In General.--The Secretary shall construct a new 
     project management office located in the city of Tuscaloosa, 
     Alabama, at a location within the vicinity of the city, at 
     full Federal expense.
       (b) Transfer of Land and Structures.--The Secretary shall 
     sell, convey, or otherwise transfer to the city of 
     Tuscaloosa, Alabama, at fair market value, the land and 
     structures associated with the existing project management 
     office, if the city agrees to assume full responsibility for 
     demolition of the existing project management office.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (a) $32,000,000.

     SEC. 3004. RIO DE FLAG, FLAGSTAFF, ARIZONA.

       The project for flood damage reduction, Rio De Flag, 
     Flagstaff, Arizona, authorized by section 101(b)(3) of the 
     Water Resources Development Act of 2000 (114 Stat. 2576), is 
     modified to authorize the Secretary to construct the project 
     at a total cost of $54,100,000, with an estimated Federal 
     cost of $35,000,000 and a non-Federal cost of $19,100,000.

     SEC. 3005. AUGUSTA AND CLARENDON, ARKANSAS.

       The Secretary may carry out rehabilitation of authorized 
     and completed levees on the White River between Augusta and 
     Clarendon, Arkansas, at a total estimated cost of $8,000,000, 
     with an estimated Federal cost of $5,200,000 and an estimated 
     non-Federal cost of $2,800,000.

[[Page 14964]]



     SEC. 3006. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND 
                   LOUISIANA.

       (a) In General.--Section 204 of the Flood Control Act of 
     1950 (64 Stat. 170) is amended in the matter under the 
     heading ``RED-OUACHITA RIVER BASIN'' by striking ``at Calion, 
     Arkansas'' and inserting ``improvements at Calion, Arkansas 
     (including authorization for the comprehensive flood-control 
     project for Ouachita River and tributaries, incorporating in 
     the project all flood control, drainage, and power 
     improvements in the basin above the lower end of the left 
     bank Ouachita River levee)''.
       (b) Modification.--Section 3 of the Act of August 18, 1941 
     (55 Stat. 642, chapter 377), is amended in the second 
     sentence of subsection (a) in the matter under the heading 
     ``LOWER MISSISSIPPI RIVER'' by inserting before the period at 
     the end the following: ``Provided, That the Ouachita River 
     Levees, Louisiana, authorized by the first section of the Act 
     of May 15, 1928 (45 Stat. 534, chapter 569), shall remain as 
     a component of the Mississippi River and Tributaries Project 
     and afforded operation and maintenance responsibilities as 
     directed in section 3 of that Act (45 Stat. 535)''.

     SEC. 3007. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.

       (a) In General.--The project for flood control, St. Francis 
     River Basin, Arkansas, and Missouri, authorized the Act of 
     June 15, 1936 (49 Stat. 1508, chapter 548), as modified, is 
     further modified to authorize the Secretary to undertake 
     channel stabilization and sediment removal measures on the 
     St. Francis River and tributaries as an integral part of the 
     original project.
       (b) No Separable Element.--The measures undertaken under 
     subsection (a) shall not be considered to be a separable 
     element of the project.

     SEC. 3008. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS AND 
                   MISSOURI.

       (a) In General.--The Secretary shall convey to the State of 
     Arkansas, without monetary consideration and subject to 
     subsection (b), all right, title, and interest to land within 
     the State acquired by the Federal Government as mitigation 
     land for the project for flood control, St. Francis Basin, 
     Arkansas and Missouri Project, authorized by the Act of May 
     15, 1928 (33 U.S.C. 702a et seq.) (commonly known as the 
     ``Flood Control Act of 1928'').
       (b) Terms and Conditions.--
       (1) In general.--The conveyance by the United States under 
     this section shall be subject to--
       (A) the condition that the State of Arkansas (including the 
     successors and assigns of the State) agree to operate, 
     maintain, and manage the land at no cost or expense to the 
     United States and for fish and wildlife, recreation, and 
     environmental purposes; and
       (B) such other terms and conditions as the Secretary 
     determines to be in the interest of the United States.
       (2) Reversion.--If the State (or a successor or assign of 
     the State) ceases to operate, maintain, and manage the land 
     in accordance with this subsection, all right, title, and 
     interest in and to the property shall revert to the United 
     States, at the option of the Secretary.

     SEC. 3009. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM, 
                   ARKANSAS AND OKLAHOMA.

       (a) Navigation Channel.--The Secretary shall continue 
     construction of the McClellan-Kerr Arkansas River Navigation 
     System, Arkansas and Oklahoma, to operate and maintain the 
     navigation channel to the authorized depth of the channel, in 
     accordance with section 136 of the Energy and Water 
     Development Appropriations Act, 2004 (Public Law 108-137; 117 
     Stat. 1842).
       (b) Mitigation.--
       (1) In general.--As mitigation for any incidental taking 
     relating to the McClellan-Kerr Navigation System, the 
     Secretary shall determine the need for, and construct 
     modifications in, the structures and operations of the 
     Arkansas River in the area of Tulsa County, Oklahoma, 
     including the construction of low water dams and islands to 
     provide nesting and foraging habitat for the interior least 
     tern, in accordance with the study entitled ``Arkansas River 
     Corridor Master Plan Planning Assistance to States''.
       (2) Cost sharing.--The non-Federal share of the cost of a 
     project under this subsection shall be 35 percent.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $12,000,000.

     SEC. 3010. CACHE CREEK BASIN, CALIFORNIA.

       (a) In General.--The project for flood control, Cache Creek 
     Basin, California, authorized by section 401(a) of the Water 
     Resources Development Act of 1986 (100 Stat. 4112), is 
     modified to direct the Secretary to mitigate the impacts of 
     the new south levee of the Cache Creek settling basin on the 
     storm drainage system of the city of Woodland, including all 
     appurtenant features, erosion control measures, and 
     environmental protection features.
       (b) Objectives.--Mitigation under subsection (a) shall 
     restore the pre-project capacity of the city (1,360 cubic 
     feet per second) to release water to the Yolo Bypass, 
     including--
       (1) channel improvements;
       (2) an outlet work through the west levee of the Yolo 
     Bypass; and
       (3) a new low flow cross channel to handle city and county 
     storm drainage and settling basin flows (1,760 cubic feet per 
     second) when the Yolo Bypass is in a low flow condition.

     SEC. 3011. CALFED LEVEE STABILITY PROGRAM, CALIFORNIA.

       In addition to funds made available pursuant to the Water 
     Supply, Reliability, and Environmental Improvement Act 
     (Public Law 108-361) to carry out section 103(f)(3)(D) of 
     that Act (118 Stat. 1696), there is authorized to be 
     appropriated to carry out projects described in that section 
     $106,000,000, to remain available until expended.

     SEC. 3012. HAMILTON AIRFIELD, CALIFORNIA.

       The project for environmental restoration, Hamilton 
     Airfield, California, authorized by section 101(b)(3) of the 
     Water Resources Development Act of 1999 (113 Stat. 279), is 
     modified to include the diked bayland parcel known as ``Bel 
     Marin Keys Unit V'' at an estimated total cost of 
     $221,700,000, with an estimated Federal cost of $166,200,000 
     and an estimated non-Federal cost of $55,500,000, as part of 
     the project to be carried out by the Secretary substantially 
     in accordance with the plans, and subject to the conditions, 
     recommended in the final report of the Chief of Engineers 
     dated July 19, 2004.

     SEC. 3013. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE 
                   DESIGNATION, CALIFORNIA.

       Section 102(c)(4) of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (33 U.S.C. 1412(c)(4)) is amended in 
     the third sentence by striking ``January 1, 2003'' and 
     inserting ``January 1, 2007''.

     SEC. 3014. LARKSPUR FERRY CHANNEL, CALIFORNIA.

       (a) Report.--The project for navigation, Larkspur Ferry 
     Channel, Larkspur, California, authorized by section 601(d) 
     of the Water Resources Development Act of 1986 (100 Stat. 
     4148), is modified to direct the Secretary to prepare a 
     limited reevaluation report to determine whether maintenance 
     of the project is feasible.
       (b) Authorization of Project.--If the Secretary determines 
     that maintenance of the project is feasible, the Secretary 
     shall carry out the maintenance.

     SEC. 3015. LLAGAS CREEK, CALIFORNIA.

       The project for flood damage reduction, Llagas Creek, 
     California, authorized by section 501(a) of the Water 
     Resources Development Act of 1999 (113 Stat. 333), is 
     modified to authorize the Secretary to complete the project, 
     in accordance with the requirements of local cooperation as 
     specified in section 5 of the Watershed Protection and Flood 
     Prevention Act (16 U.S.C. 1005), at a total remaining cost of 
     $105,000,000, with an estimated remaining Federal cost of 
     $65,000,000 and an estimated remaining non-Federal cost of 
     $40,000,000.

     SEC. 3016. MAGPIE CREEK, CALIFORNIA.

       (a) In General.--Subject to subsection (b), the project for 
     Magpie Creek, California, authorized by section 205 of the 
     Flood Control Act of 1948 (33 U.S.C. 701s), is modified to 
     direct the Secretary to apply the cost-sharing requirements 
     applicable to nonstructural flood control under section 
     103(b) of the Water Resources Development Act of 1986 (100 
     Stat. 4085) for the portion of the project consisting of land 
     acquisition to preserve and enhance existing floodwater 
     storage.
       (b) Crediting.--The crediting allowed under subsection (a) 
     shall not exceed the non-Federal share of the cost of the 
     project.

     SEC. 3017. PINE FLAT DAM FISH AND WILDLIFE HABITAT, 
                   CALIFORNIA.

       (a) Cooperative Program.--
       (1) In general.--The Secretary shall participate with 
     appropriate State and local agencies in the implementation of 
     a cooperative program to improve and manage fisheries and 
     aquatic habitat conditions in Pine Flat Reservoir and in the 
     14-mile reach of the Kings River immediately below Pine Flat 
     Dam, California, in a manner that--
       (A) provides for long-term aquatic resource enhancement; 
     and
       (B) avoids adverse effects on water storage and water 
     rights holders.
       (2) Goals and principles.--The cooperative program 
     described in paragraph (1) shall be carried out--
       (A) substantially in accordance with the goals and 
     principles of the document entitled ``Kings River Fisheries 
     Management Program Framework Agreement'' and dated May 29, 
     1999, between the California Department of Fish and Game and 
     the Kings River Water Association and the Kings River 
     Conservation District; and
       (B) in cooperation with the parties to that agreement.
       (b) Participation by Secretary.--
       (1) In general.--In furtherance of the goals of the 
     agreement described in subsection (a)(2), the Secretary shall 
     participate in the planning, design, and construction of 
     projects and pilot projects on the Kings River and its 
     tributaries to enhance aquatic habitat and water availability 
     for fisheries purposes (including maintenance of a trout 
     fishery) in accordance with flood control operations, water 
     rights, and beneficial uses in existence as of the date of 
     enactment of this Act.
       (2) Projects.--Projects referred to in paragraph (1) may 
     include--
       (A) projects to construct or improve pumping, conveyance, 
     and storage facilities to enhance water transfers; and
       (B) projects to carry out water exchanges and create 
     opportunities to use floodwater within and downstream of Pine 
     Flat Reservoir.
       (c) No Authorization of Certain Dam-Related Projects.--
     Nothing in this section authorizes any project for the 
     raising of Pine Flat Dam or the construction of a multilevel 
     intake structure at Pine Flat Dam.
       (d) Use of Existing Studies.--In carrying out this section, 
     the Secretary shall use, to the maximum extent practicable, 
     studies in existence

[[Page 14965]]

     on the date of enactment of this Act, including data and 
     environmental documentation in the document entitled ``Final 
     Feasibility Report and Report of the Chief of Engineers for 
     Pine Flat Dam Fish and Wildlife Habitat Restoration'' and 
     dated July 19, 2002.
       (e) Cost Sharing.--
       (1) Project planning, design, and construction.--The 
     Federal share of the cost of planning, design, and 
     construction of a project under subsection (b) shall be 65 
     percent.
       (2) Non-federal share.--
       (A) Credit for land, easements, and rights-of-way.--The 
     Secretary shall credit toward the non-Federal share of the 
     cost of construction of any project under subsection (b) the 
     value, regardless of the date of acquisition, of any land, 
     easements, rights-of-way, dredged material disposal areas, or 
     relocations provided by the non-Federal interest for use in 
     carrying out the project.
       (B) Form.--The non-Federal interest may provide not more 
     than 50 percent of the non-Federal share required under this 
     clause in the form of services, materials, supplies, or other 
     in-kind contributions.
       (f) Operation and Maintenance.--The operation, maintenance, 
     repair, rehabilitation, and replacement of projects carried 
     out under this section shall be a non-Federal responsibility.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 3018. REDWOOD CITY NAVIGATION PROJECT, CALIFORNIA.

       The Secretary may dredge the Redwood City Navigation 
     Channel, California, on an annual basis, to maintain the 
     authorized depth of -30 mean lower low water.

     SEC. 3019. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, 
                   CALIFORNIA.

       (a) Credit for Non-Federal Work.--
       (1) In general.--The Secretary shall credit toward that 
     portion of the non-Federal share of the cost of any flood 
     damage reduction project authorized before the date of 
     enactment of this Act that is to be paid by the Sacramento 
     Area Flood Control Agency an amount equal to the Federal 
     share of the flood control project authorized by section 9159 
     of the Department of Defense Appropriations Act, 1993 (106 
     Stat. 1944).
       (2) Federal share.--In determining the Federal share of the 
     project authorized by section 9159(b) of that Act, the 
     Secretary shall include all audit verified costs for 
     planning, engineering, construction, acquisition of project 
     land, easements, rights-of-way, relocations, and 
     environmental mitigation for all project elements that the 
     Secretary determines to be cost-effective.
       (3) Amount credited.--The amount credited shall be equal to 
     the Federal share determined under this section, reduced by 
     the total of all reimbursements paid to the non-Federal 
     interests for work under section 9159(b) of that Act before 
     the date of enactment of this Act.
       (b) Folsom Dam.--Section 128(a) of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2259), is amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary'';
       (2) in the second sentence, by striking ``The Secretaries'' 
     and inserting the following:
       ``(2) Technical reviews.--The Secretaries'';
       (3) in the third sentence, by striking ``In developing'' 
     and inserting the following:
       ``(3) Improvements.--
       ``(A) In general.--In developing'';
       (4) in the fourth sentence, by striking ``In conducting'' 
     and inserting the following:
       ``(B) Use of funds.--In conducting''; and
       (5) by adding at the end the following:
       ``(4) Project alternative solutions study.--The 
     Secretaries, in cooperation with non-Federal agencies, are 
     directed to expedite their respective activities, including 
     the formulation of all necessary studies and decision 
     documents, in furtherance of the collaborative effort known 
     as the `Project Alternative Solutions Study', as well as 
     planning, engineering, and design, including preparation of 
     plans and specifications, of any features recommended for 
     authorization by the Secretary of the Army under paragraph 
     (6).
       ``(5) Consolidation of technical reviews and design 
     activities.--The Secretary of the Army shall consolidate 
     technical reviews and design activities for--
       ``(A) the project for flood damage reduction authorized by 
     section 101(a)(6) of the Water Resources Development Act of 
     1999 (113 Stat. 274); and
       ``(B) the project for flood damage reduction, dam safety, 
     and environmental restoration authorized by sections 128 and 
     134 of the Energy and Water Development Appropriations Act, 
     2004 (117 Stat. 1838, 1842).
       ``(6) Report.--The recommendations of the Secretary of the 
     Army, along with the views of the Secretary of the Interior 
     and relevant non-Federal agencies resulting from the 
     activities directed in paragraphs (4) and (5), shall be 
     forwarded to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives by not later 
     than June 30, 2007, and shall provide status reports by not 
     later than September 30, 2006, and quarterly thereafter.
       ``(7) Effect.--Nothing in this section shall be deemed as 
     deauthorizing the full range of project features and 
     parameters of the projects listed in paragraph (5), nor shall 
     it limit any previous authorizations granted by Congress.''.

     SEC. 3020. CONDITIONAL DECLARATION OF NONNAVIGABILITY, PORT 
                   OF SAN FRANCISCO, CALIFORNIA.

       (a) Conditional Declaration of Nonnavigability.--If the 
     Secretary determines, in consultation with appropriate 
     Federal and non-Federal entities, that projects proposed to 
     be carried out by non-Federal entities within the portions of 
     the San Francisco, California, waterfront described in 
     subsection (b) are not in the public interest, the portions 
     shall be declared not to be navigable water of the United 
     States for the purposes of section 9 of the Act of March 3, 
     1899 (33 U.S.C. 401), and the General Bridge Act of 1946 (33 
     U.S.C. 525 et seq.).
       (b) Portions of Waterfront.--The portions of the San 
     Francisco, California, waterfront referred to in subsection 
     (a) are those that are, or will be, bulkheaded, filled, or 
     otherwise occupied by permanent structures and that are 
     located as follows: beginning at the intersection of the 
     northeasterly prolongation of the portion of the 
     northwesterly line of Bryant Street lying between Beale 
     Street and Main Street with the southwesterly line of Spear 
     Street, which intersection lies on the line of jurisdiction 
     of the San Francisco Port Commission; following thence 
     southerly along said line of jurisdiction as described in the 
     State of California Harbor and Navigation Code Section 1770, 
     as amended in 1961, to its intersection with the easterly 
     line of Townsend Street along a line that is parallel and 
     distant 10 feet from the existing southern boundary of Pier 
     40 to its point of intersection with the United States 
     Government pier-head line; thence northerly along said pier-
     head line to its intersection with a line parallel with, and 
     distant 10 feet easterly from, the existing easterly boundary 
     line of Pier 30-32; thence northerly along said parallel line 
     and its northerly prolongation, to a point of intersection 
     with a line parallel with, and distant 10 feet northerly 
     from, the existing northerly boundary of Pier 30-32, thence 
     westerly along last said parallel line to its intersection 
     with the United States Government pier-head line; to the 
     northwesterly line of Bryan Street northwesterly; thence 
     southwesterly along said northwesterly line of Bryant Street 
     to the point of beginning.
       (c) Requirement That Area Be Improved.--If, by the date 
     that is 20 years after the date of enactment of this Act, any 
     portion of the San Francisco, California, waterfront 
     described in subsection (b) has not been bulkheaded, filled, 
     or otherwise occupied by 1 or more permanent structures, or 
     if work in connection with any activity carried out pursuant 
     to applicable Federal law requiring a permit, including 
     sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 
     401), is not commenced by the date that is 5 years after the 
     date of issuance of such a permit, the declaration of 
     nonnavigability for the portion under this section shall 
     cease to be effective.

     SEC. 3021. SALTON SEA RESTORATION, CALIFORNIA.

       (a) Definitions.--In this section:
       (1) Salton sea authority.--The term ``Salton Sea 
     Authority'' means the Joint Powers Authority established 
     under the laws of the State of California by a joint power 
     agreement signed on June 2, 1993.
       (2) Salton sea science office.--The term ``Salton Sea 
     Science Office'' means the Office established by the United 
     States Geological Survey and currently located in La Quinta, 
     California.
       (b) Pilot Projects.--
       (1) In general.--The Secretary shall review the preferred 
     restoration concept plan approved by the Salton Sea Authority 
     to determine that the pilot projects are economically 
     justified, technically sound, environmentally acceptable, and 
     meet the objectives of the Salton Sea Reclamation Act (Public 
     Law 105-372). If the Secretary makes a positive 
     determination, the Secretary may enter into an agreement with 
     the Salton Sea Authority and, in consultation with the Salton 
     Sea Science Office, carry out the pilot project for 
     improvement of the environment in the Salton Sea, except that 
     the Secretary shall be a party to each contract for 
     construction under this subsection.
       (2) Local participation.--In prioritizing pilot projects 
     under this section, the Secretary shall--
       (A) consult with the Salton Sea Authority and the Salton 
     Sea Science Office; and
       (B) consider the priorities of the Salton Sea Authority.
       (3) Cost sharing.--Before carrying out a pilot project 
     under this section, the Secretary shall enter into a written 
     agreement with the Salton Sea Authority that requires the 
     non-Federal interest to--
       (A) pay 35 percent of the total costs of the pilot project;
       (B) acquire any land, easements, rights-of-way, 
     relocations, and dredged material disposal areas necessary to 
     carry out the pilot project; and
       (C) hold the United States harmless from any claim or 
     damage that may arise from carrying out the pilot project, 
     except any claim or damage that may arise from the negligence 
     of the Federal Government or a contractor of the Federal 
     Government.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (b) $26,000,000, 
     of which not more than $5,000,000 may be used for any 1 pilot 
     project under this section.

[[Page 14966]]



     SEC. 3022. SANTA BARBARA STREAMS, LOWER MISSION CREEK, 
                   CALIFORNIA.

       The project for flood damage reduction, Santa Barbara 
     Streams, Lower Mission Creek, California, authorized by 
     section 101(b)(8) of the Water Resources Development Act of 
     2000 (114 Stat. 2577), is modified to authorize the Secretary 
     to construct the project at a total cost of $30,000,000, with 
     an estimated Federal cost of $15,000,000 and an estimated 
     non-Federal cost of $15,000,000.

     SEC. 3023. UPPER GUADALUPE RIVER, CALIFORNIA.

       The project for flood damage reduction and recreation, 
     Upper Guadalupe River, California, authorized by section 
     101(a)(9) of the Water Resources Development Act of 1999 (113 
     Stat. 275), is modified to authorize the Secretary to 
     construct the project generally in accordance with the Upper 
     Guadalupe River Flood Damage Reduction, San Jose, California, 
     Limited Reevaluation Report, dated March, 2004, at a total 
     cost of $244,500,000, with an estimated Federal cost of 
     $130,600,000 and an estimated non-Federal cost of 
     $113,900,000.

     SEC. 3024. YUBA RIVER BASIN PROJECT, CALIFORNIA.

       The project for flood damage reduction, Yuba River Basin, 
     California, authorized by section 101(a)(10) of the Water 
     Resources Development Act of 1999 (113 Stat. 275), is 
     modified to authorize the Secretary to construct the project 
     at a total cost of $107,700,000, with an estimated Federal 
     cost of $70,000,000 and an estimated non-Federal cost of 
     $37,700,000.

     SEC. 3025. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN 
                   HARBOR, CONNECTICUT.

       The western breakwater for the project for navigation, New 
     Haven Harbor, Connecticut, authorized by the first section of 
     the Act of September 19, 1890 (26 Stat. 426), shall be known 
     and designated as the ``Charles Hervey Townshend 
     Breakwater''.

     SEC. 3026. ANCHORAGE AREA, NEW LONDON HARBOR, CONNECTICUT.

       (a) In General.--The portion of the project for navigation, 
     New London Harbor, Connecticut, authorized by the Act of June 
     13, 1902 (32 Stat. 333), that consists of a 23-foot 
     waterfront channel described in subsection (b), is 
     redesignated as an anchorage area.
       (b) Description of Channel.--The channel referred to in 
     subsection (a) may be described as beginning at a point along 
     the western limit of the existing project, N. 188, 802.75, E. 
     779, 462.81, thence running northeasterly about 1,373.88 feet 
     to a point N. 189, 554.87, E. 780, 612.53, thence running 
     southeasterly about 439.54 feet to a point N. 189, 319.88, E. 
     780, 983.98, thence running southwesterly about 831.58 feet 
     to a point N. 188, 864.63, E. 780, 288.08, thence running 
     southeasterly about 567.39 feet to a point N. 188, 301.88, E. 
     780, 360.49, thence running northwesterly about 1,027.96 feet 
     to the point of origin.

     SEC. 3027. NORWALK HARBOR, CONNECTICUT.

       (a) In General.--The portions of a 10-foot channel of the 
     project for navigation, Norwalk Harbor, Connecticut, 
     authorized by the first section of the Act of March 2, 1919 
     (40 Stat. 1276) and described in subsection (b), are not 
     authorized.
       (b) Description of Portions.--The portions of the channel 
     referred to in subsection (a) are as follows:
       (1) Rectangular portion.--An approximately rectangular-
     shaped section along the northwesterly terminus of the 
     channel. The section is 35-feet wide and about 460-feet long 
     and is further described as commencing at a point N. 
     104,165.85, E. 417,662.71, thence running south 2406'55" E. 
     395.00 feet to a point N. 103,805.32, E. 417,824.10, thence 
     running south 0038'06" E. 87.84 feet to a point N. 
     103,717.49, E. 417,825.07, thence running north 2406'55" W. 
     480.00 feet, to a point N. 104,155.59, E. 417.628.96, thence 
     running north 7305'25" E. 35.28 feet to the point of origin.
       (2) Parallelogram-shaped portion.--An area having the 
     approximate shape of a parallelogram along the northeasterly 
     portion of the channel, southeast of the area described in 
     paragraph (1), approximately 20 feet wide and 260 feet long, 
     and further described as commencing at a point N. 103,855.48, 
     E. 417,849.99, thence running south 3307'30" E. 133.40 feet 
     to a point N. 103,743.76, E. 417,922.89, thence running south 
     2407'04" E. 127.75 feet to a point N. 103,627.16, E. 
     417,975.09, thence running north 3307'30" W. 190.00 feet to 
     a point N. 103,786.28, E. 417,871.26, thence running north 
     1705'15" W. 72.39 feet to the point of origin.
       (c) Modification.--The 10-foot channel portion of the 
     Norwalk Harbor, Connecticut navigation project described in 
     subsection (a) is modified to authorize the Secretary to 
     realign the channel to include, immediately north of the area 
     described in subsection (b)(2), a triangular section 
     described as commencing at a point N. 103,968.35, E. 
     417,815.29, thence running S. 1705'15" east 118.09 feet to a 
     point N. 103,855.48, E. 417,849.99, thence running N. 
     3307'30" west 36.76 feet to a point N. 103,886.27, E. 
     417,829.90, thence running N. 1005'26" west 83.37 feet to 
     the point of origin.

     SEC. 3028. ST. GEORGE'S BRIDGE, DELAWARE.

       Section 102(g) of the Water Resources Development Act of 
     1990 (104 Stat. 4612) is amended by adding at the end the 
     following: ``The Secretary shall assume ownership 
     responsibility for the replacement bridge not later than the 
     date on which the construction of the bridge is completed and 
     the contractors are released of their responsibility by the 
     State. In addition, the Secretary may not carry out any 
     action to close or remove the St. George's Bridge, Delaware, 
     without specific congressional authorization.''.

     SEC. 3029. CHRISTINA RIVER, WILMINGTON, DELAWARE.

       (a) In General.--The Secretary shall remove the shipwrecked 
     vessel known as the ``State of Pennsylvania'', and any debris 
     associated with that vessel, from the Christina River at 
     Wilmington, Delaware, in accordance with section 202(b) of 
     the Water Resources Development Act of 1976 (33 U.S.C. 
     426m(b)).
       (b) No Recovery of Funds.--Notwithstanding any other 
     provision of law, in carrying out this section, the Secretary 
     shall not be required to recover funds from the owner of the 
     vessel described in subsection (a) or any other vessel.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $425,000, to 
     remain available until expended.

     SEC. 3030. DESIGNATION OF SENATOR WILLIAM V. ROTH, JR. 
                   BRIDGE, DELAWARE.

       (a) Designation.--The State Route 1 Bridge over the 
     Chesapeake and Delaware Canal in the State of Delaware is 
     designated as the ``Senator William V. Roth, Jr. Bridge''.
       (b) References.--Any reference in a law (including 
     regulations), map, document, paper, or other record of the 
     United States to the bridge described in subsection (a) shall 
     be considered to be a reference to the Senator William V. 
     Roth, Jr. Bridge.

     SEC. 3031. ADDITIONAL PROGRAM AUTHORITY, COMPREHENSIVE 
                   EVERGLADES RESTORATION, FLORIDA.

       Section 601(c)(3) of the Water Resources Development Act of 
     2000 (114 Stat. 2684) is amended by adding at the end the 
     following:
       ``(C) Maximum cost of program authority.--Section 902 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2280) 
     shall apply to the individual project funding limits in 
     subparagraph (A) and the aggregate cost limits in 
     subparagraph (B).''.

     SEC. 3032. BREVARD COUNTY, FLORIDA.

       (a) In General.--The project for shoreline protection, 
     Brevard County, Florida, authorized by section 418 of the 
     Water Resources Development Act of 2000 (114 Stat. 2637), is 
     amended by striking ``7.1-mile reach'' and inserting ``7.6-
     mile reach''.
       (b) References.--Any reference to a 7.1-mile reach with 
     respect to the project described in subsection (a) shall be 
     considered to be a reference to a 7.6-mile reach with respect 
     to that project.

     SEC. 3033. CRITICAL RESTORATION PROJECTS, EVERGLADES AND 
                   SOUTH FLORIDA ECOSYSTEM RESTORATION, FLORIDA.

       Section 528(b)(3)(C) of the Water Resources Development Act 
     of 1996 (110 Stat. 3769) is amended--
       (1) in clause (i), by striking ``$75,000,000'' and all that 
     follows and inserting ``$95,000,000.''; and
       (2) by striking clause (ii) and inserting the following:
       ``(ii) Federal share.--

       ``(I) In general.--Except as provided in subclause (II), 
     the Federal share of the cost of carrying out a project under 
     subparagraph (A) shall not exceed $25,000,000.
       ``(II) Seminole water conservation plan.--The Federal share 
     of the cost of carrying out the Seminole Water Conservation 
     Plan shall not exceed $30,000,000.''.

     SEC. 3034. LAKE OKEECHOBEE AND HILLSBORO AQUIFER PILOT 
                   PROJECTS, COMPREHENSIVE EVERGLADES RESTORATION, 
                   FLORIDA.

       Section 601(b)(2)(B) of the Water Resources Development Act 
     of 2000 (114 Stat. 2681) is amended by adding at the end the 
     following:
       ``(v) Hillsboro and okeechobee aquifer, florida.--The pilot 
     projects for aquifer storage and recovery, Hillsboro and 
     Okeechobee Aquifer, Florida, authorized by section 101(a)(16) 
     of the Water Resources Development Act of 1999 (113 Stat. 
     276), shall be treated for the purposes of this section as 
     being in the Plan and carried out in accordance with this 
     section, except that costs of operation and maintenance of 
     those projects shall remain 100 percent non-Federal.''.

     SEC. 3035. LIDO KEY, SARASOTA COUNTY, FLORIDA.

       The Secretary shall carry out the project for hurricane and 
     storm damage reduction in Lido Key, Sarasota County, Florida, 
     based on the report of the Chief of Engineers dated December 
     22, 2004, at a total cost of $14,809,000, with an estimated 
     Federal cost of $9,088,000 and an estimated non-Federal cost 
     of $5,721,000, and at an estimated total cost $63,606,000 for 
     periodic beach nourishment over the 50-year life of the 
     project, with an estimated Federal cost of $31,803,000 and an 
     estimated non-Federal cost of $31,803,000.

     SEC. 3036. PORT SUTTON CHANNEL, TAMPA HARBOR, FLORIDA.

       The project for navigation, Port Sutton Channel, Tampa 
     Harbor, Florida, authorized by section 101(b)(12) of the 
     Water Resources Development Act of 2000 (114 Stat. 2577), is 
     modified to authorize the Secretary to carry out the project 
     at a total cost of $12,900,000.

     SEC. 3037. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.

       The project for navigation, Tampa Harbor, Florida, 
     authorized by section 101 of the River and Harbor Act of 1970 
     (84 Stat. 1818), is modified to authorize the Secretary to 
     construct passing lanes in an area approximately 3.5 miles 
     long and centered on Tampa Bay Cut B, if the Secretary 
     determines that the improvements are necessary for navigation 
     safety.

[[Page 14967]]



     SEC. 3038. ALLATOONA LAKE, GEORGIA.

       (a) Land Exchange.--
       (1) In general.--The Secretary may exchange land above 863 
     feet in elevation at Allatoona Lake, Georgia, identified in 
     the Real Estate Design Memorandum prepared by the Mobile 
     district engineer, April 5, 1996, and approved October 8, 
     1996, for land on the north side of Allatoona Lake that is 
     required for wildlife management and protection of the water 
     quality and overall environment of Allatoona Lake.
       (2) Terms and conditions.--The basis for all land exchanges 
     under this subsection shall be a fair market appraisal to 
     ensure that land exchanged is of equal value.
       (b) Disposal and Acquisition of Land, Allatoona Lake, 
     Georgia.--
       (1) In general.--The Secretary may--
       (A) sell land above 863 feet in elevation at Allatoona 
     Lake, Georgia, identified in the memorandum referred to in 
     subsection (a)(1); and
       (B) use the proceeds of the sale, without further 
     appropriation, to pay costs associated with the purchase of 
     land required for wildlife management and protection of the 
     water quality and overall environment of Allatoona Lake.
       (2) Terms and conditions.--
       (A) Willing sellers.--Land acquired under this subsection 
     shall be by negotiated purchase from willing sellers only.
       (B) Basis.--The basis for all transactions under this 
     subsection shall be a fair market value appraisal acceptable 
     to the Secretary.
       (C) Sharing of costs.--Each purchaser of land under this 
     subsection shall share in the associated environmental and 
     real estate costs of the purchase, including surveys and 
     associated fees in accordance with the memorandum referred to 
     in subsection (a)(1).
       (D) Other conditions.--The Secretary may impose on the sale 
     and purchase of land under this subsection such other 
     conditions as the Secretary determines to be appropriate.
       (c) Repeal.--Section 325 of the Water Resources Development 
     Act of 1992 (106 Stat. 4849) is repealed.

     SEC. 3039. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.

       (a) In General.--The Secretary shall carry out additional 
     general construction measures to allow for operation at lower 
     pool levels to satisfy the recreation mission at Dworshak 
     Dam, Idaho.
       (b) Improvements.--In carrying out subsection (a), the 
     Secretary shall provide for appropriate improvements to--
       (1) facilities that are operated by the Corps of Engineers; 
     and
       (2) facilities that, as of the date of enactment of this 
     Act, are leased, permitted, or licensed for use by others.
       (c) Cost Sharing.--The Secretary shall carry out this 
     section through a cost-sharing program with Idaho State Parks 
     and Recreation Department, with a total estimated project 
     cost of $5,300,000, with an estimated Federal cost of 
     $3,900,000 and an estimated non-Federal cost of $1,400,000.

     SEC. 3040. LITTLE WOOD RIVER, GOODING, IDAHO.

       The project for flood control, Gooding, Idaho, as 
     constructed under the emergency conservation work program 
     established under the Act of March 31, 1933 (16 U.S.C. 585 et 
     seq.), is modified--
       (1) to direct the Secretary to rehabilitate the Gooding 
     Channel Project for the purposes of flood control and 
     ecosystem restoration, if the Secretary determines that the 
     rehabilitation and ecosystem restoration is feasible;
       (2) to authorize and direct the Secretary to plan, design, 
     and construct the project at a total cost of $9,000,000;
       (3) to authorize the non-Federal interest to provide any 
     portion of the non-Federal share of the cost of the project 
     in the form of services, materials, supplies, or other in-
     kind contributions;
       (4) to authorize the non-Federal interest to use funds made 
     available under any other Federal program toward the non-
     Federal share of the cost of the project if the use of the 
     funds is permitted under the other Federal program; and
       (5) to direct the Secretary, in calculating the non-Federal 
     share of the cost of the project, to make a determination 
     under section 103(m) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2213(m)) on the ability to pay of the non-
     Federal interest.

     SEC. 3041. PORT OF LEWISTON, IDAHO.

       (a) Extinguishment of Reversionary Interests and Use 
     Restrictions.--With respect to property covered by each deed 
     described in subsection (b)--
       (1) the reversionary interests and use restrictions 
     relating to port and industrial use purposes are 
     extinguished;
       (2) the restriction that no activity shall be permitted 
     that will compete with services and facilities offered by 
     public marinas is extinguished;
       (3) the human habitation or other building structure use 
     restriction is extinguished in each area in which the 
     elevation is above the standard project flood elevation; and
       (4) the use of fill material to raise low areas above the 
     standard project flood elevation is authorized, except in any 
     low area constituting wetland for which a permit under 
     section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) is required.
       (b) Deeds.--The deeds referred to in subsection (a) are as 
     follows:
       (1) Auditor's Instrument No. 399218 of Nez Perce County, 
     Idaho, 2.07 acres.
       (2) Auditor's Instrument No. 487437 of Nez Perce County, 
     Idaho, 7.32 acres.
       (c) No Effect on Other Rights.--Nothing in this section 
     affects the remaining rights and interests of the Corps of 
     Engineers for authorized project purposes with respect to 
     property covered by deeds described in subsection (b).

     SEC. 3042. CACHE RIVER LEVEE, ILLINOIS.

       The Cache River Levee created for flood control at the 
     Cache River, Illinois, and authorized by the Act of June 28, 
     1938 (52 Stat. 1215, chapter 795), is modified to add 
     environmental restoration as a project purpose.

     SEC. 3043. CHICAGO, ILLINOIS.

       Section 425(a) of the Water Resources Development Act of 
     2000 (114 Stat. 2638) is amended by inserting ``Lake Michigan 
     and'' before ``the Chicago River''.

     SEC. 3044. CHICAGO RIVER, ILLINOIS.

       The Federal navigation channel for the North Branch Channel 
     portion of the Chicago River authorized by section 22 of the 
     Act of March 3, 1899 (30 Stat. 1156, chapter 425), extending 
     from 100 feet downstream of the Halsted Street Bridge to 100 
     feet upstream of the Division Street Bridge, Chicago, 
     Illinois, is redefined to be no wider than 66 feet.

     SEC. 3045. ILLINOIS RIVER BASIN RESTORATION.

       Section 519(c)(3) of the Water Resources Development Act of 
     2000 (114 Stat. 2654) is amended by striking ``$5,000,000'' 
     and inserting ``$20,000,000''.

     SEC. 3046. MISSOURI AND ILLINOIS FLOOD PROTECTION PROJECTS 
                   RECONSTRUCTION PILOT PROGRAM.

       (a) Definition of Reconstruction.--In this section:
       (1) In general.--The term ``reconstruction'' means any 
     action taken to address 1 or more major deficiencies of a 
     project caused by long-term degradation of the foundation, 
     construction materials, or engineering systems or components 
     of the project, the results of which render the project at 
     risk of not performing in compliance with the authorized 
     purposes of the project.
       (2) Inclusions.--The term ``reconstruction'' includes the 
     incorporation by the Secretary of current design standards 
     and efficiency improvements in a project if the incorporation 
     does not significantly change the authorized scope, function, 
     or purpose of the project.
       (b) Participation by Secretary.--The Secretary may 
     participate in the reconstruction of flood control projects 
     within Missouri and Illinois as a pilot program if the 
     Secretary determines that such reconstruction is not required 
     as a result of improper operation and maintenance by the non-
     Federal interest.
       (c) Cost Sharing.--
       (1) In general.--Costs for reconstruction of a project 
     under this section shall be shared by the Secretary and the 
     non-Federal interest in the same percentages as the costs of 
     construction of the original project were shared.
       (2) Operation, maintenance, and repair costs.--The costs of 
     operation, maintenance, repair, and rehabilitation of a 
     project carried out under this section shall be a non-Federal 
     responsibility.
       (d) Critical Projects.--In carrying out this section, the 
     Secretary shall give priority to the following projects:
       (1) Clear Creek Drainage and Levee District, Illinois.
       (2) Fort Chartres and Ivy Landing Drainage District, 
     Illinois.
       (3) Wood River Drainage and Levee District, Illinois.
       (4) City of St. Louis, Missouri.
       (5) Missouri River Levee Drainage District, Missouri.
       (e) Economic Justification.--Reconstruction efforts and 
     activities carried out under this section shall not require 
     economic justification.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000, to 
     remain available until expended.

     SEC. 3047. SPUNKY BOTTOM, ILLINOIS.

       (a) In General.--The project for flood control, Illinois 
     and Des Plaines River Basin, between Beardstown, Illinois, 
     and the mouth of the Illinois River, authorized by section 5 
     of the Act of June 22, 1936 (49 Stat. 1583, chapter 688), is 
     modified to authorize ecosystem restoration as a project 
     purpose.
       (b) Modifications.--
       (1) In general.--Subject to paragraph (2), notwithstanding 
     the limitation on the expenditure of Federal funds to carry 
     out project modifications in accordance with section 1135 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     2309a), modifications to the project referred to in 
     subsection (a) shall be carried out at Spunky Bottoms, 
     Illinois, in accordance with subsection (a).
       (2) Federal share.--Not more than $7,500,000 in Federal 
     funds may be expended under this section to carry out 
     modifications to the project referred to in subsection (a).
       (3) Post-construction monitoring and management.--Of the 
     Federal funds expended under paragraph (2), not less than 
     $500,000 shall remain available for a period of 5 years after 
     the date of completion of construction of the modifications 
     for use in carrying out post-construction monitoring and 
     adaptive management.
       (c) Emergency Repair Assistance.--Notwithstanding any 
     modifications carried out under subsection (b), the project 
     described in subsection (a) shall remain eligible for 
     emergency repair assistance under section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), without consideration of 
     economic justification.

[[Page 14968]]



     SEC. 3048. STRAWN CEMETERY, JOHN REDMOND LAKE, KANSAS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary, acting through the 
     Tulsa District of the Corps of Engineers, shall transfer to 
     Pleasant Township, Coffey County, Kansas, for use as the New 
     Strawn Cemetery, all right, title, and interest of the United 
     States in and to the land described in subsection (c).
       (b) Reversion.--If the land transferred under this section 
     ceases at any time to be used as a nonprofit cemetery or for 
     another public purpose, the land shall revert to the United 
     States.
       (c) Description.--The land to be conveyed under this 
     section is a tract of land near John Redmond Lake, Kansas, 
     containing approximately 3 acres and lying adjacent to the 
     west line of the Strawn Cemetery located in the SE corner of 
     the NE\1/4\ of sec. 32, T. 20 S., R. 14 E., Coffey County, 
     Kansas.
       (d) Consideration.--
       (1) In general.--The conveyance under this section shall be 
     at fair market value.
       (2) Costs.--All costs associated with the conveyance shall 
     be paid by Pleasant Township, Coffey County, Kansas.
       (e) Other Terms and Conditions.--The conveyance under this 
     section shall be subject to such other terms and conditions 
     as the Secretary considers necessary to protect the interests 
     of the United States.

     SEC. 3049. MILFORD LAKE, MILFORD, KANSAS.

       (a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall convey at fair market value by quitclaim deed 
     to the Geary County Fire Department, Milford, Kansas, all 
     right, title, and interest of the United States in and to a 
     parcel of land consisting of approximately 7.4 acres located 
     in Geary County, Kansas, for construction, operation, and 
     maintenance of a fire station.
       (b) Survey To Obtain Legal Description.--The exact acreage 
     and the description of the real property referred to in 
     subsection (a) shall be determined by a survey that is 
     satisfactory to the Secretary.
       (c) Reversion.--If the Secretary determines that the 
     property conveyed under subsection (a) ceases to be held in 
     public ownership or to be used for any purpose other than a 
     fire station, all right, title, and interest in and to the 
     property shall revert to the United States, at the option of 
     the United States.

     SEC. 3050. OHIO RIVER, KENTUCKY, ILLINOIS, INDIANA, OHIO, 
                   PENNSYLVANIA, AND WEST VIRGINIA.

       Section 101(16) of the Water Resources Development Act of 
     2000 (114 Stat. 2578) is amended--
       (1) by striking ``(A) in general.--
     Projects for ecosystem restoration, Ohio River Mainstem'' and 
     inserting the following:
       ``(A) Authorization.--
       ``(i) In general.--Projects for ecosystem restoration, Ohio 
     River Basin (excluding the Tennessee and Cumberland River 
     Basins)''; and
       (2) in subparagraph (A), by adding at the end the 
     following:
       ``(ii) Nonprofit entity.--For any ecosystem restoration 
     project carried out under this paragraph, with the consent of 
     the affected local government, a nonprofit entity may be 
     considered to be a non-Federal interest.
       ``(iii) Program implementation plan.--There is authorized 
     to be developed a program implementation plan of the Ohio 
     River Basin (excluding the Tennessee and Cumberland River 
     Basins) at full Federal expense.
       ``(iv) Pilot program.--There is authorized to be initiated 
     a completed pilot program in Lower Scioto Basin, Ohio.''.

     SEC. 3051. MCALPINE LOCK AND DAM, KENTUCKY AND INDIANA.

       Section 101(a)(10) of the Water Resources Development Act 
     of 1990 (104 Stat. 4606) is amended by striking 
     ``$219,600,000'' each place it appears and inserting 
     ``$430,000,000''.

     SEC. 3052. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, 
                   LOUISIANA.

       (a) In General.--The public access feature of the 
     Atchafalaya Basin Floodway System, Louisiana project, 
     authorized by section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4142), is modified to 
     authorize the Secretary to acquire from willing sellers the 
     fee interest (exclusive of oil, gas, and minerals) of an 
     additional 20,000 acres of land in the Lower Atchafalaya 
     Basin Floodway for the public access feature of the 
     Atchafalaya Basin Floodway System, Louisiana project.
       (b) Modification.--
       (1) In general.--Subject to paragraph (2), effective 
     beginning November 17, 1986, the public access feature of the 
     Atchafalaya Basin Floodway System, Louisiana project, is 
     modified to remove the $32,000,000 limitation on the maximum 
     Federal expenditure for the first costs of the public access 
     feature.
       (2) First cost.--The authorized first cost of $250,000,000 
     for the total project (as defined in section 601(a) of the 
     Water Resources Development Act of 1986 (100 Stat. 4142)) 
     shall not be exceeded, except as authorized by section 902 of 
     that Act (100 Stat. 4183).
       (c) Technical Amendment.--Section 315(a)(2) of the Water 
     Resources Development Act of 2000 (114 Stat. 2603) is amended 
     by inserting before the period at the end the following: 
     ``and may include Eagle Point Park, Jeanerette, Louisiana, as 
     1 of the alternative sites''.

     SEC. 3053. REGIONAL VISITOR CENTER, ATCHAFALAYA BASIN 
                   FLOODWAY SYSTEM, LOUISIANA.

       (a) Project for Flood Control.--Notwithstanding paragraph 
     (3) of the report of the Chief of Engineers dated February 
     28, 1983 (relating to recreational development in the Lower 
     Atchafalaya Basin Floodway), the Secretary shall carry out 
     the project for flood control, Atchafalaya Basin Floodway 
     System, Louisiana, authorized by chapter IV of title I of the 
     Act of August 15, 1985 (Public Law 99-88; 99 Stat. 313; 100 
     Stat. 4142).
       (b) Visitors Center.--
       (1) In general.--The Secretary, acting through the Chief of 
     Engineers and in consultation with the State of Louisiana, 
     shall study, design, and construct a type A regional visitors 
     center in the vicinity of Morgan City, Louisiana.
       (2) Cost sharing.--
       (A) In general.--The cost of construction of the visitors 
     center shall be shared in accordance with the recreation 
     cost-share requirement under section 103(c) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213(c)).
       (B) Cost of upgrading.--The non-Federal share of the cost 
     of upgrading the visitors center from a type B to type A 
     regional visitors center shall be 100 percent.
       (3) Agreement.--The project under this subsection shall be 
     initiated only after the Secretary and the non-Federal 
     interests enter into a binding agreement under which the non-
     Federal interests shall--
       (A) provide any land, easement, right-of-way, or dredged 
     material disposal area required for the project that is 
     owned, claimed, or controlled by--
       (i) the State of Louisiana (including agencies and 
     political subdivisions of the State); or
       (ii) any other non-Federal government entity authorized 
     under the laws of the State of Louisiana;
       (B) pay 100 percent of the cost of the operation, 
     maintenance, repair, replacement, and rehabilitation of the 
     project; and
       (C) hold the United States free from liability for the 
     construction, operation, maintenance, repair, replacement, 
     and rehabilitation of the project, except for damages due to 
     the fault or negligence of the United States or a contractor 
     of the United States.
       (4) Donations.--In carrying out the project under this 
     subsection, the Mississippi River Commission may accept the 
     donation of cash or other funds, land, materials, and 
     services from any non-Federal government entity or nonprofit 
     corporation, as the Commission determines to be appropriate.

     SEC. 3054. CALCASIEU RIVER AND PASS, LOUISIANA.

       The project for the Calcasieu River and Pass, Louisiana, 
     authorized by section 101 of the River and Harbor Act of 1960 
     (74 Stat. 481), is modified to authorize the Secretary to 
     provide $3,000,000 for each fiscal year, in a total amount of 
     $15,000,000, for such rock bank protection of the Calcasieu 
     River from mile 5 to mile 16 as the Chief of Engineers 
     determines to be advisable to reduce maintenance dredging 
     needs and facilitate protection of valuable disposal areas 
     for the Calcasieu River and Pass, Louisiana.

     SEC. 3055. EAST BATON ROUGE PARISH, LOUISIANA.

       The project for flood damage reduction and recreation, East 
     Baton Rouge Parish, Louisiana, authorized by section 
     101(a)(21) of the Water Resources Development Act of 1999 
     (113 Stat. 277), as amended by section 116 of the 
     Consolidated Appropriations Resolution, 2003 (117 Stat. 140), 
     is modified to authorize the Secretary to carry out the 
     project substantially in accordance with the Report of the 
     Chief of Engineers dated December 23, 1996, and the 
     subsequent Post Authorization Change Report dated December 
     2004, at a total cost of $178,000,000.

     SEC. 3056. MISSISSIPPI RIVER GULF OUTLET RELOCATION 
                   ASSISTANCE, LOUISIANA.

       (a) Port Facilities Relocation.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated $175,000,000, to remain available until 
     expended, to support the relocation of Port of New Orleans 
     deep draft facilities from the Mississippi River Gulf Outlet 
     (referred to in this section as the ``Outlet''), the Gulf 
     Intercoastal Waterway, and the Inner Harbor Navigation Canal 
     to the Mississippi River.
       (2) Administration.--
       (A) In general.--Amounts appropriated pursuant to paragraph 
     (1) shall be administered by the Assistant Secretary for 
     Economic Development (referred to in this section as the 
     ``Assistant Secretary'') pursuant to sections 209(c)(2) and 
     703 of the Public Works and Economic Development Act of 1965 
     (42 U.S.C. 3149(c)(2), 3233).
       (B) Requirement.--The Assistant Secretary shall make 
     amounts appropriated pursuant to paragraph (1) available to 
     the Port of New Orleans to relocate to the Mississippi River 
     within the State of Louisiana the port-owned facilities that 
     are occupied by businesses in the vicinity that may be 
     impacted due to the treatment of the Outlet under the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (b) Revolving Loan Fund Grants.--There is authorized to be 
     appropriated to the Assistant Secretary $185,000,000, to 
     remain available until expended, to provide assistance 
     pursuant to sections 209(c)(2) and 703 of the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2), 
     3233) to 1 or more eligible recipients to establish revolving 
     loan funds to make loans for terms up to 20 years at or below 
     market interest rates (including interest-free loans) to 
     private businesses within the Port of New Orleans that may 
     need to relocate to the Mississippi River

[[Page 14969]]

     within the State of Louisiana due to the treatment of the 
     Outlet under the analysis and design of comprehensive 
     hurricane protection authorized by title I of the Energy and 
     Water Development Appropriations Act, 2006 (Public Law 109-
     103; 119 Stat. 2247).
       (c) Coordination With Secretary.--The Assistant Secretary 
     shall ensure that the programs described in subsections (a) 
     and (b) are fully coordinated with the Secretary to ensure 
     that facilities are relocated in a manner that is consistent 
     with the analysis and design of comprehensive hurricane 
     protection authorized by title I of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2247).
       (d) Administrative Expenses.--The Assistant Secretary may 
     use up to 2 percent of the amounts made available under 
     subsections (a) and (b) for administrative expenses.

     SEC. 3057. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, 
                   LOUISIANA.

       The project for mitigation of fish and wildlife losses, Red 
     River Waterway, Louisiana, authorized by section 601(a) of 
     the Water Resources Development Act of 1986 (100 Stat. 4142) 
     and modified by section 4(h) of the Water Resources 
     Development Act of 1988 (102 Stat. 4016), section 102(p) of 
     the Water Resources Development Act of 1990 (104 Stat. 4613), 
     section 301(b)(7) of the Water Resources Development Act of 
     1996 (110 Stat. 3710), and section 316 of the Water Resources 
     Development Act of 2000 (114 Stat. 2604), is further 
     modified--
       (1) to authorize the Secretary to carry out the project at 
     a total cost of $33,200,000;
       (2) to permit the purchase of marginal farmland for 
     reforestation (in addition to the purchase of bottomland 
     hardwood); and
       (3) to incorporate wildlife and forestry management 
     practices to improve species diversity on mitigation land 
     that meets habitat goals and objectives of the Corps of 
     Engineers and the State of Louisiana.

     SEC. 3058. CAMP ELLIS, SACO, MAINE.

       The maximum amount of Federal funds that may be expended 
     for the project being carried out under section 111 of the 
     River and Harbor Act of 1968 (33 U.S.C. 426i) for the 
     mitigation of shore damages attributable to the project for 
     navigation, Camp Ellis, Saco, Maine, shall be $20,000,000.

     SEC. 3059. UNION RIVER, MAINE.

       The project for navigation, Union River, Maine, authorized 
     by the first section of the Act of June 3, 1896 (29 Stat. 
     215, chapter 314), is modified by redesignating as an 
     anchorage area that portion of the project consisting of a 6-
     foot turning basin and lying northerly of a line commencing 
     at a point N. 315,975.13, E. 1,004,424.86, thence running N. 
     61 27' 20.71" W. about 132.34 feet to a point N. 316,038.37, 
     E. 1,004,308.61.

     SEC. 3060. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM, MARYLAND, PENNSYLVANIA, AND 
                   VIRGINIA.

       Section 510(i) of the Water Resources Development Act of 
     1996 (110 Stat. 3761) is amended by striking ``$10,000,000'' 
     and inserting ``$30,000,000''.

     SEC. 3061. CUMBERLAND, MARYLAND.

       Section 580(a) of the Water Resources Development Act of 
     1999 (113 Stat. 375) is amended--
       (1) by striking ``$15,000,000'' and inserting 
     ``$25,750,000'';
       (2) by striking ``$9,750,000'' and inserting 
     ``$16,738,000''; and
       (3) by striking ``$5,250,000'' and inserting 
     ``$9,012,000''.

     SEC. 3062. AUNT LYDIA'S COVE, MASSACHUSETTS.

       (a) Deauthorization.--The portion of the project for 
     navigation, Aunt Lydia's Cove, Massachusetts, authorized 
     August 31, 1994, pursuant to section 107 of the Act of July 
     14, 1960 (33 U.S.C. 577) (commonly known as the ``River and 
     Harbor Act of 1960''), consisting of the 8-foot deep 
     anchorage in the cove described in subsection (b) is 
     deauthorized.
       (b) Description.--The portion of the project described in 
     subsection (a) is more particularly described as the portion 
     beginning at a point along the southern limit of the existing 
     project, N. 254332.00, E. 1023103.96, thence running 
     northwesterly about 761.60 feet to a point along the western 
     limit of the existing project N. 255076.84, E. 1022945.07, 
     thence running southwesterly about 38.11 feet to a point N. 
     255038.99, E. 1022940.60, thence running southeasterly about 
     267.07 feet to a point N. 254772.00, E. 1022947.00, thence 
     running southeasterly about 462.41 feet to a point N. 
     254320.06, E. 1023044.84, thence running northeasterly about 
     60.31 feet to the point of origin.

     SEC. 3063. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.

       (a) In General.--Notwithstanding section 1001(b)(2) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     579a(b)(2)), the project for navigation, Fall River Harbor, 
     Massachusetts and Rhode Island, authorized by section 101 of 
     the River and Harbor Act of 1968 (82 Stat. 731), shall remain 
     authorized to be carried out by the Secretary, except that 
     the authorized depth of that portion of the project extending 
     riverward of the Charles M. Braga, Jr. Memorial Bridge, Fall 
     River and Somerset, Massachusetts, shall not exceed 35 feet.
       (b) Feasibility.--The Secretary shall conduct a study to 
     determine the feasibility of deepening that portion of the 
     navigation channel of the navigation project for Fall River 
     Harbor, Massachusetts and Rhode Island, authorized by section 
     101 of the River and Harbor Act of 1968 (82 Stat. 731), 
     seaward of the Charles M. Braga, Jr. Memorial Bridge Fall 
     River and Somerset, Massachusetts.
       (c) Limitation.--The project described in subsection (a) 
     shall not be authorized for construction after the last day 
     of the 5-year period beginning on the date of enactment of 
     this Act unless, during that period, funds have been 
     obligated for construction (including planning and design) of 
     the project.

     SEC. 3064. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

       Section 426 of the Water Resources Development Act of 1999 
     (113 Stat. 326) is amended to read as follows:

     ``SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

       ``(a) Definitions.--In this section:
       ``(1) Management plan.--The term `management plan' means 
     the management plan for the St. Clair River and Lake St. 
     Clair, Michigan, that is in effect as of the date of 
     enactment of this section.
       ``(2) Partnership.--The term `Partnership' means the 
     partnership established by the Secretary under subsection 
     (b)(1).
       ``(b) Partnership.--
       ``(1) In general.--The Secretary shall establish and lead a 
     partnership of appropriate Federal agencies (including the 
     Environmental Protection Agency) and the State of Michigan 
     (including political subdivisions of the State)--
       ``(A) to promote cooperation among the Federal Government, 
     State and local governments, and other involved parties in 
     the management of the St. Clair River and Lake St. Clair 
     watersheds; and
       ``(B) develop and implement projects consistent with the 
     management plan.
       ``(2) Coordination with actions under other law.--
       ``(A) In general.--Actions taken under this section by the 
     Partnership shall be coordinated with actions to restore and 
     conserve the St. Clair River and Lake St. Clair and 
     watersheds taken under other provisions of Federal and State 
     law.
       ``(B) No effect on other law.--Nothing in this section 
     alters, modifies, or affects any other provision of Federal 
     or State law.
       ``(c) Implementation of St. Clair River and Lake St. Clair 
     Management Plan.--
       ``(1) In general.--The Secretary shall--
       ``(A) develop a St. Clair River and Lake St. Clair 
     strategic implementation plan in accordance with the 
     management plan;
       ``(B) provide technical, planning, and engineering 
     assistance to non-Federal interests for developing and 
     implementing activities consistent with the management plan;
       ``(C) plan, design, and implement projects consistent with 
     the management plan; and
       ``(D) provide, in coordination with the Administrator of 
     the Environmental Protection Agency, financial and technical 
     assistance, including grants, to the State of Michigan 
     (including political subdivisions of the State) and 
     interested nonprofit entities for the planning, design, and 
     implementation of projects to restore, conserve, manage, and 
     sustain the St. Clair River, Lake St. Clair, and associated 
     watersheds.
       ``(2) Specific measures.--Financial and technical 
     assistance provided under subparagraphs (B) and (C) of 
     paragraph (1) may be used in support of non-Federal 
     activities consistent with the management plan.
       ``(d) Supplements to Management Plan and Strategic 
     Implementation Plan.--In consultation with the Partnership 
     and after providing an opportunity for public review and 
     comment, the Secretary shall develop information to 
     supplement--
       ``(1) the management plan; and
       ``(2) the strategic implementation plan developed under 
     subsection (c)(1)(A).
       ``(e) Cost Sharing.--
       ``(1) Non-federal share.--The non-Federal share of the cost 
     of technical assistance, or the cost of planning, design, 
     construction, and evaluation of a project under subsection 
     (c), and the cost of development of supplementary information 
     under subsection (d)--
       ``(A) shall be 25 percent of the total cost of the project 
     or development; and
       ``(B) may be provided through the provision of in-kind 
     services.
       ``(2) Credit for land, easements, and rights-of-way.--The 
     Secretary shall credit the non-Federal sponsor for the value 
     of any land, easements, rights-of-way, dredged material 
     disposal areas, or relocations provided for use in carrying 
     out a project under subsection (c).
       ``(3) Nonprofit entities.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
     Federal sponsor for any project carried out under this 
     section may include a nonprofit entity.
       ``(4) Operation and maintenance.--The operation, 
     maintenance, repair, rehabilitation, and replacement of 
     projects carried out under this section shall be non-Federal 
     responsibilities.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each fiscal year.''.

     SEC. 3065. DULUTH HARBOR, MINNESOTA.

       (a) In General.--Notwithstanding the cost limitation 
     described in section 107(b) of the River and Harbor Act of 
     1960 (33 U.S.C. 577(b)), the Secretary shall carry out the 
     project for navigation, Duluth Harbor, Minnesota, pursuant to 
     the authority provided under that section at a total Federal 
     cost of $9,000,000.
       (b) Public Access and Recreational Facilities.--Section 321 
     of the Water Resources Development Act of 2000 (114 Stat. 
     2605) is amended by inserting ``, and to provide public 
     access and recreational facilities'' after ``including any 
     required bridge construction''.

[[Page 14970]]



     SEC. 3066. RED LAKE RIVER, MINNESOTA.

       The project for flood control, Red Lake River, Crookston, 
     Minnesota, authorized by section 101(a)(23) of the Water 
     Resources Development Act of 1999 (113 Stat. 278), is 
     modified to include flood protection for the adjacent and 
     interconnected areas generally known as the Sampson and 
     Chase/Loring neighborhoods, in accordance with the 
     feasibility report supplement, local flood protection, 
     Crookston, Minnesota, at a total cost of $25,000,000, with an 
     estimated Federal cost of $16,250,000 and an estimated non-
     Federal cost of $8,750,000.

     SEC. 3067. BONNET CARRE FRESHWATER DIVERSION PROJECT, 
                   MISSISSIPPI AND LOUISIANA.

       (a) In General.--The project for environmental enhancement, 
     Mississippi and Louisiana Estuarine Areas, Mississippi and 
     Louisiana, authorized by section 3(a)(8) of the Water 
     Resources Development Act of 1988 (102 Stat. 4013) is 
     modified to direct the Secretary to carry out that portion of 
     the project identified as the ``Bonnet Carre Freshwater 
     Diversion Project'', in accordance with this section.
       (b) Non-Federal Financing Requirements.--
       (1) Mississippi and louisiana.--
       (A) In general.--The States of Mississippi and Louisiana 
     shall provide the funds needed during any fiscal year for 
     meeting the respective non-Federal cost sharing requirements 
     of each State for the Bonnet Carre Freshwater Diversion 
     Project during that fiscal year by making deposits of the 
     necessary funds into an escrow account or into such other 
     account as the Secretary determines to be acceptable.
       (B) Deadline.--Any deposits required under this paragraph 
     shall be made by the affected State by not later than 30 days 
     after receipt of notification from the Secretary that the 
     amounts are due.
       (2) Failure to pay.--
       (A) Louisiana.--In the case of deposits required to be made 
     by the State of Louisiana, the Secretary may not award any 
     new contract or proceed to the next phase of any feature 
     being carried out in the State of Louisiana under section 
     1003 if the State of Louisiana is not in compliance with 
     paragraph (1).
       (B) Mississippi.--In the case of deposits required to be 
     made by the State of Mississippi, the Secretary may not award 
     any new contract or proceed to the next phase of any feature 
     being carried out as a part of the Bonnet Carre Freshwater 
     Diversion Project if the State of Mississippi is not in 
     compliance with paragraph (1).
       (3) Allocation.--The non-Federal share of project costs 
     shall be allocated between the States of Mississippi and 
     Louisiana as described in the report to Congress on the 
     status and potential options and enhancement of the Bonnet 
     Carre Freshwater Diversion Project dated December 1996.
       (4) Effect.--The modification of the Bonnet Carre 
     Freshwater Diversion Project by this section shall not reduce 
     the percentage of the cost of the project that is required to 
     be paid by the Federal Government as determined on the date 
     of enactment of section 3(a)(8) of the Water Resources 
     Development Act of 1988 (102 Stat. 4013).
       (c) Design Schedule.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall complete the design of 
     the Bonnet Carre Freshwater Diversion Project by not later 
     than 1 year after the date of enactment of this Act.
       (2) Missed deadline.--If the Secretary does not complete 
     the design of the project by the date described in paragraph 
     (1)--
       (A) the Secretary shall assign such resources as the 
     Secretary determines to be available and necessary to 
     complete the design; and
       (B) the authority of the Secretary to expend funds for 
     travel, official receptions, and official representations 
     shall be suspended until the design is complete.
       (d) Construction Schedule.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall complete construction of 
     the Bonnet Carre Freshwater Diversion Project by not later 
     than September 30, 2012.
       (2) Missed deadline.--If the Secretary does not complete 
     the construction of the Bonnet Carre Freshwater Diversion 
     Project by the date described in paragraph (1)--
       (A) the Secretary shall assign such resources as the 
     Secretary determines to be available and necessary to 
     complete the construction; and
       (B) the authority of the Secretary to expend funds for 
     travel, official receptions, and official representations 
     shall be suspended until the construction is complete.

     SEC. 3068. LAND EXCHANGE, PIKE COUNTY, MISSOURI.

       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means the 2 
     parcels of Corps of Engineers land totaling approximately 42 
     acres, located on Buffalo Island in Pike County, Missouri, 
     and consisting of Government Tract Numbers MIS-7 and a 
     portion of FM-46.
       (2) Non-federal land.--The term ``non-Federal land'' means 
     the approximately 42 acres of land, subject to any existing 
     flowage easements situated in Pike County, Missouri, upstream 
     and northwest, about 200 feet from Drake Island (also known 
     as Grimes Island).
       (b) Land Exchange.--Subject to subsection (c), on 
     conveyance by S.S.S., Inc., to the United States of all 
     right, title, and interest in and to the non-Federal land, 
     the Secretary shall convey to S.S.S., Inc., all right, title, 
     and interest of the United States in and to the Federal land.
       (c) Conditions.--
       (1) Deeds.--
       (A) Non-federal land.--The conveyance of the non-Federal 
     land to the Secretary shall be by a warranty deed acceptable 
     to the Secretary.
       (B) Federal land.--The conveyance of the Federal land to 
     S.S.S., Inc., shall be--
       (i) by quitclaim deed; and
       (ii) subject to any reservations, terms, and conditions 
     that the Secretary determines to be necessary to allow the 
     United States to operate and maintain the Mississippi River 
     9-Foot Navigation Project.
       (C) Legal descriptions.--The Secretary shall, subject to 
     approval of S.S.S., Inc., provide a legal description of the 
     Federal land and non-Federal land for inclusion in the deeds 
     referred to in subparagraphs (A) and (B).
       (2) Removal of improvements.--
       (A) In general.--The Secretary may require the removal of, 
     or S.S.S., Inc., may voluntarily remove, any improvements to 
     the non-Federal land before the completion of the exchange or 
     as a condition of the exchange.
       (B) No liability.--If S.S.S., Inc., removes any 
     improvements to the non-Federal land under subparagraph (A)--
       (i) S.S.S., Inc., shall have no claim against the United 
     States relating to the removal; and
       (ii) the United States shall not incur or be liable for any 
     cost associated with the removal or relocation of the 
     improvements.
       (3) Administrative costs.--The Secretary shall require 
     S.S.S., Inc. to pay reasonable administrative costs 
     associated with the exchange.
       (4) Cash equalization payment.--If the appraised fair 
     market value, as determined by the Secretary, of the Federal 
     land exceeds the appraised fair market value, as determined 
     by the Secretary, of the non-Federal land, S.S.S., Inc., 
     shall make a cash equalization payment to the United States.
       (5) Deadline.--The land exchange under subsection (b) shall 
     be completed not later than 2 years after the date of 
     enactment of this Act.

     SEC. 3069. L-15 LEVEE, MISSOURI.

       The portion of the L-15 levee system that is under the 
     jurisdiction of the Consolidated North County Levee District 
     and situated along the right descending bank of the 
     Mississippi River from the confluence of that river with the 
     Missouri River and running upstream approximately 14 miles 
     shall be considered to be a Federal levee for purposes of 
     cost sharing under section 5 of the Act of August 18, 1941 
     (33 U.S.C. 701n).

     SEC. 3070. UNION LAKE, MISSOURI.

       (a) In General.--The Secretary shall offer to convey to the 
     State of Missouri, before January 31, 2006, all right, title, 
     and interest in and to approximately 205.50 acres of land 
     described in subsection (b) purchased for the Union Lake 
     Project that was deauthorized as of January 1, 1990 (55 Fed. 
     Reg. 40906), in accordance with section 1001 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 579a(a)).
       (b) Land Description.--The land referred to in subsection 
     (a) is described as follows:
       (1) Tract 500.--A tract of land situated in Franklin 
     County, Missouri, being part of the SW\1/4\ of sec. 7, and 
     the NW\1/4\ of the SW\1/4\ of sec. 8, T. 42 N., R. 2 W. of 
     the fifth principal meridian, consisting of approximately 
     112.50 acres.
       (2) Tract 605.--A tract of land situated in Franklin 
     County, Missouri, being part of the N\1/2\ of the NE, and 
     part of the SE of the NE of sec. 18, T. 42 N., R. 2 W. of the 
     fifth principal meridian, consisting of approximately 93.00 
     acres.
       (c) Conveyance.--On acceptance by the State of Missouri of 
     the offer by the Secretary under subsection (a), the land 
     described in subsection (b) shall immediately be conveyed, in 
     its current condition, by Secretary to the State of Missouri.

     SEC. 3071. FORT PECK FISH HATCHERY, MONTANA.

       Section 325(f)(1)(A) of the Water Resources Development Act 
     of 2000 (114 Stat. 2607) is amended by striking 
     ``$20,000,000'' and inserting ``$25,000,000''.

     SEC. 3072. LOWER YELLOWSTONE PROJECT, MONTANA.

       The Secretary may use funds appropriated to carry out the 
     Missouri River recovery and mitigation program to assist the 
     Bureau of Reclamation in the design and construction of the 
     Lower Yellowstone project of the Bureau, Intake, Montana, for 
     the purpose of ecosystem restoration.

     SEC. 3073. YELLOWSTONE RIVER AND TRIBUTARIES, MONTANA AND 
                   NORTH DAKOTA.

       (a) Definition of Restoration Project.--In this section, 
     the term ``restoration project'' means a project that will 
     produce, in accordance with other Federal programs, projects, 
     and activities, substantial ecosystem restoration and related 
     benefits, as determined by the Secretary.
       (b) Projects.--The Secretary shall carry out, in accordance 
     with other Federal programs, projects, and activities, 
     restoration projects in the watershed of the Yellowstone 
     River and tributaries in Montana, and in North Dakota, to 
     produce immediate and substantial ecosystem restoration and 
     recreation benefits.
       (c) Local Participation.--In carrying out subsection (b), 
     the Secretary shall--
       (1) consult with, and consider the activities being carried 
     out by--
       (A) other Federal agencies;
       (B) Indian tribes;
       (C) conservation districts; and
       (D) the Yellowstone River Conservation District Council; 
     and
       (2) seek the full participation of the State of Montana.
       (d) Cost Sharing.--Before carrying out any restoration 
     project under this section, the Secretary shall enter into an 
     agreement with the non-Federal interest for the restoration 
     project

[[Page 14971]]

     under which the non-Federal interest shall agree--
       (1) to provide 35 percent of the total cost of the 
     restoration project, including necessary land, easements, 
     rights-of-way, relocations, and disposal sites;
       (2) to pay the non-Federal share of the cost of feasibility 
     studies and design during construction following execution of 
     a project cooperation agreement;
       (3) to pay 100 percent of the operation, maintenance, 
     repair, replacement, and rehabilitation costs incurred after 
     the date of enactment of this Act that are associated with 
     the restoration project; and
       (4) to hold the United States harmless for any claim of 
     damage that arises from the negligence of the Federal 
     Government or a contractor of the Federal Government in 
     carrying out the restoration project.
       (e) Form of Non-Federal Share.--Not more than 50 percent of 
     the non-Federal share of the cost of a restoration project 
     carried out under this section may be provided in the form of 
     in-kind credit for work performed during construction of the 
     restoration project.
       (f) Non-Federal Interests.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the 
     consent of the applicable local government, a nonprofit 
     entity may be a non-Federal interest for a restoration 
     project carried out under this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.

     SEC. 3074. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NEVADA.

       The maximum amount of Federal funds that may be expended 
     for the project being carried out, as of the date of 
     enactment of this Act, under section 1135 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2309a) for 
     environmental restoration of McCarran Ranch, Nevada, shall be 
     $5,775,000.

     SEC. 3075. MIDDLE RIO GRANDE RESTORATION, NEW MEXICO.

       (a) Restoration Projects.--
       (1) Definition.--The term ``restoration project'' means a 
     project that will produce, consistent with other Federal 
     programs, projects, and activities, immediate and substantial 
     ecosystem restoration and recreation benefits.
       (2) Projects.--The Secretary shall carry out restoration 
     projects in the Middle Rio Grande from Cochiti Dam to the 
     headwaters of Elephant Butte Reservoir, in the State of New 
     Mexico.
       (b) Project Selection.--The Secretary shall select 
     restoration projects in the Middle Rio Grande.
       (c) Local Participation.--In carrying out subsection (b), 
     the Secretary shall consult with, and consider the activities 
     being carried out by--
       (1) the Middle Rio Grande Endangered Species Act 
     Collaborative Program; and
       (2) the Bosque Improvement Group of the Middle Rio Grande 
     Bosque Initiative.
       (d) Cost Sharing.--Before carrying out any restoration 
     project under this section, the Secretary shall enter into an 
     agreement with non-Federal interests that requires the non-
     Federal interests to--
       (1) provide 35 percent of the total cost of the restoration 
     projects including provisions for necessary lands, easements, 
     rights-of-way, relocations, and disposal sites;
       (2) pay 100 percent of the operation, maintenance, repair, 
     replacement, and rehabilitation costs incurred after the date 
     of the enactment of this Act that are associated with the 
     restoration projects; and
       (3) hold the United States harmless for any claim of damage 
     that arises from the negligence of the Federal Government or 
     a contractor of the Federal Government.
       (e) Non-Federal Interests.--Not withstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
     Federal interest for any project carried out under this 
     section may include a nonprofit entity, with the consent of 
     the local government.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $25,000,000 to carry out this section.

     SEC. 3076. LONG ISLAND SOUND OYSTER RESTORATION, NEW YORK AND 
                   CONNECTICUT.

       (a) In General.--The Secretary shall plan, design, and 
     construct projects to increase aquatic habitats within Long 
     Island Sound and adjacent waters, including the construction 
     and restoration of oyster beds and related shellfish habitat.
       (b) Cost-Sharing.--The non-Federal share of the cost of 
     activities carried out under this section shall be 25 percent 
     and may be provided through in-kind services and materials.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $25,000,000 to carry out this section.

     SEC. 3077. ORCHARD BEACH, BRONX, NEW YORK.

       Section 554 of the Water Resources Development Act of 1996 
     (110 Stat. 3781) is amended by striking ``$5,200,000'' and 
     inserting ``$18,200,000''.

     SEC. 3078. NEW YORK HARBOR, NEW YORK, NEW YORK.

       Section 217 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2326a) is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) by inserting after subsection (b) the following:
       ``(c) Dredged Material Facility.--
       ``(1) In general.--The Secretary may enter into cost-
     sharing agreements with 1 or more non-Federal public 
     interests with respect to a project, or group of projects 
     within a geographic region, if appropriate, for the 
     acquisition, design, construction, management, or operation 
     of a dredged material processing, treatment, contaminant 
     reduction, or disposal facility (including any facility used 
     to demonstrate potential beneficial uses of dredged material, 
     which may include effective sediment contaminant reduction 
     technologies) using funds provided in whole or in part by the 
     Federal Government.
       ``(2) Performance.--One or more of the parties to the 
     agreement may perform the acquisition, design, construction, 
     management, or operation of a dredged material processing, 
     treatment, contaminant reduction, or disposal facility.
       ``(3) Multiple federal projects.--If appropriate, the 
     Secretary may combine portions of separate Federal projects 
     with appropriate combined cost-sharing between the various 
     projects, if the facility serves to manage dredged material 
     from multiple Federal projects located in the geographic 
     region of the facility.
       ``(4) Public financing.--
       ``(A) Agreements.--
       ``(i) Specified federal funding sources and cost sharing.--
     The cost-sharing agreement used shall clearly specify--

       ``(I) the Federal funding sources and combined cost-sharing 
     when applicable to multiple Federal navigation projects; and
       ``(II) the responsibilities and risks of each of the 
     parties related to present and future dredged material 
     managed by the facility.

       ``(ii) Management of sediments.--

       ``(I) In general.--The cost-sharing agreement may include 
     the management of sediments from the maintenance dredging of 
     Federal navigation projects that do not have partnerships 
     agreements.
       ``(II) Payments.--The cost-sharing agreement may allow the 
     non-Federal interest to receive reimbursable payments from 
     the Federal Government for commitments made by the non-
     Federal interest for disposal or placement capacity at 
     dredged material treatment, processing, contaminant 
     reduction, or disposal facilities.

       ``(iii) Credit.--The cost-sharing agreement may allow costs 
     incurred prior to execution of a partnership agreement for 
     construction or the purchase of equipment or capacity for the 
     project to be credited according to existing cost-sharing 
     rules.
       ``(B) Credit.--
       ``(i) Effect on existing agreements.--Nothing in this 
     subsection supersedes or modifies an agreement in effect on 
     the date of enactment of this paragraph between the Federal 
     Government and any other non-Federal interest for the cost-
     sharing, construction, and operation and maintenance of a 
     Federal navigation project.
       ``(ii) Credit for funds.--Subject to the approval of the 
     Secretary and in accordance with law (including regulations 
     and policies) in effect on the date of enactment of this 
     paragraph, a non-Federal public interest of a Federal 
     navigation project may seek credit for funds provided for the 
     acquisition, design, construction, management, or operation 
     of a dredged material processing, treatment, or disposal 
     facility to the extent the facility is used to manage dredged 
     material from the Federal navigation project.
       ``(iii) Non-federal interest responsibilities.--The non-
     Federal interest shall--

       ``(I) be responsible for providing all necessary land, 
     easement rights-of-way, or relocations associated with the 
     facility; and
       ``(II) receive credit for those items.''; and

       (3) in paragraphs (1) and (2)(A) of subsection (d) (as 
     redesignated by paragraph (1))--
       (A) by inserting ``and maintenance'' after ``operation'' 
     each place it appears; and
       (B) by inserting ``processing, treatment, or'' after 
     ``dredged material'' the first place it appears in each of 
     those paragraphs.

     SEC. 3079. MISSOURI RIVER RESTORATION, NORTH DAKOTA.

       Section 707(a) of the Water Resources Act of 2000 (114 
     Stat. 2699) is amended in the first sentence by striking 
     ``$5,000,000'' and all that follows through ``2005'' and 
     inserting ``$25,000,000''.

     SEC. 3080. LOWER GIRARD LAKE DAM, GIRARD, OHIO.

       Section 507(1) of the Water Resources Development Act of 
     1996 (110 Stat. 3758) is amended--
       (1) by striking ``$2,500,000'' and inserting 
     ``$5,500,000''; and
       (2) by adding before the period at the end the following: 
     ``(which repair and rehabilitation shall include lowering the 
     crest of the Dam by not more than 12.5 feet)''.

     SEC. 3081. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL 
                   TOWNSHIP, OHIO.

       Increased operation and maintenance activities for the 
     Toussaint River Federal Navigation Project, Carroll Township, 
     Ohio, that are carried out in accordance with section 107 of 
     the River and Harbor Act of 1960 (33 U.S.C. 577) and relate 
     directly to the presence of unexploded ordnance, shall be 
     carried out at full Federal expense.

     SEC. 3082. ARCADIA LAKE, OKLAHOMA.

       Payments made by the city of Edmond, Oklahoma, to the 
     Secretary in October 1999 of all costs associated with 
     present and future water storage costs at Arcadia Lake, 
     Oklahoma, under Arcadia Lake Water Storage Contract Number 
     DACW56-79-C-0072 shall satisfy the obligations of the city 
     under that contract.

     SEC. 3083. LAKE EUFAULA, OKLAHOMA.

       (a) Project Goal.--
       (1) In general.--The goal for operation of Lake Eufaula 
     shall be to maximize the use of available storage in a 
     balanced approach that

[[Page 14972]]

     incorporates advice from representatives from all the project 
     purposes to ensure that the full value of the reservoir is 
     realized by the United States.
       (2) Recognition of purpose.--To achieve the goal described 
     in paragraph (1), recreation is recognized as a project 
     purpose at Lake Eufaula, pursuant to the Act of December 22, 
     1944 (commonly known as the ``Flood Control Act of 1944'') 
     (58 Stat. 887, chapter 665).
       (b) Lake Eufaula Advisory Committee.--
       (1) In general.--In accordance with the Federal Advisory 
     Committee Act (5 U.S.C. App.), the Secretary shall establish 
     an advisory committee for the Lake Eufaula, Canadian River, 
     Oklahoma project authorized by the Act of July 24, 1946 
     (commonly known as the ``River and Harbor Act of 1946'') 
     (Public Law 79-525; 60 Stat. 634).
       (2) Purpose.--The purpose of the committee shall be 
     advisory only.
       (3) Duties.--The committee shall provide information and 
     recommendations to the Corps of Engineers regarding the 
     operations of Lake Eufaula for the project purposes for Lake 
     Eufaula.
       (4) Composition.--The Committee shall be composed of 
     members that equally represent the project purposes for Lake 
     Eufaula.
       (c) Reallocation Study.--
       (1) In general.--Subject to the appropriation of funds, the 
     Secretary, acting through the Chief of Engineers, shall 
     perform a reallocation study, at full Federal expense, to 
     develop and present recommendations concerning the best 
     value, while minimizing ecological damages, for current and 
     future use of the Lake Eufaula storage capacity for the 
     authorized project purposes of flood control, water supply, 
     hydroelectric power, navigation, fish and wildlife, and 
     recreation.
       (2) Factors for consideration.--The reallocation study 
     shall take into consideration the recommendations of the Lake 
     Eufaula Advisory Committee.
       (d) Pool Management Plan.--
       (1) In general.--Not later than 360 days after the date of 
     enactment of this Act, to the extent feasible within 
     available project funds and subject to the completion and 
     approval of the reallocation study under subsection (c), the 
     Tulsa District Engineer, taking into consideration 
     recommendations of the Lake Eufaula Advisory Committee, shall 
     develop an interim management plan that accommodates all 
     project purposes for Lake Eufaula.
       (2) Modifications.--A modification of the plan under 
     paragraph (1) shall not cause significant adverse impacts on 
     any existing permit, lease, license, contract, public law, or 
     project purpose, including flood control operation, relating 
     to Lake Eufaula.

     SEC. 3084. RELEASE OF RETAINED RIGHTS, INTERESTS, AND 
                   RESERVATIONS, OKLAHOMA.

       (a) Release of Retained Rights, Interests, and 
     Reservations.--Each reversionary interest and use restriction 
     relating to public parks and recreation on the land conveyed 
     by the Secretary to the State of Oklahoma at Lake Texoma 
     pursuant to the Act entitled ``An Act to authorize the sale 
     of certain lands to the State of Oklahoma'' (67 Stat. 62, 
     chapter 118) is terminated.
       (b) Instrument of Release.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall 
     execute and file in the appropriate office a deed of release, 
     an amended deed, or another appropriate instrument to release 
     each interest and use restriction described in subsection 
     (a).

     SEC. 3085. OKLAHOMA LAKES DEMONSTRATION PROGRAM, OKLAHOMA.

       (a) Implementation of Program.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall 
     implement an innovative program at the lakes located 
     primarily in the State of Oklahoma that are a part of an 
     authorized civil works project under the administrative 
     jurisdiction of the Corps of Engineers for the purpose of 
     demonstrating the benefits of enhanced recreation facilities 
     and activities at those lakes.
       (b) Requirements.--In implementing the program under 
     subsection (a), the Secretary shall, consistent with 
     authorized project purposes--
       (1) pursue strategies that will enhance, to the maximum 
     extent practicable, recreation experiences at the lakes 
     included in the program;
       (2) use creative management strategies that optimize 
     recreational activities; and
       (3) ensure continued public access to recreation areas 
     located on or associated with the civil works project.
       (c) Guidelines.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall issue guidelines 
     for the implementation of this section, to be developed in 
     coordination with the State of Oklahoma.
       (d) Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, 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 results of 
     the program under subsection (a).
       (2) Inclusions.--The report under paragraph (1) shall 
     include a description of the projects undertaken under the 
     program, including--
       (A) an estimate of the change in any related recreational 
     opportunities;
       (B) a description of any leases entered into, including the 
     parties involved; and
       (C) the financial conditions that the Corps of Engineers 
     used to justify those leases.
       (3) Availability to public.--The Secretary shall make the 
     report available to the public in electronic and written 
     formats.
       (e) Termination.--The authority provided by this section 
     shall terminate on the date that is 10 years after the date 
     of enactment of this Act.

     SEC. 3086. WAURIKA LAKE, OKLAHOMA.

       The remaining obligation of the Waurika Project Master 
     Conservancy District payable to the United States Government 
     in the amounts, rates of interest, and payment schedules--
       (1) is set at the amounts, rates of interest, and payment 
     schedules that existed on June 3, 1986; and
       (2) may not be adjusted, altered, or changed without a 
     specific, separate, and written agreement between the 
     District and the United States.

     SEC. 3087. LOOKOUT POINT PROJECT, LOWELL, OREGON.

       (a) In General.--Subject to subsection (c), the Secretary 
     shall convey at fair market value to the Lowell School 
     District No. 71, all right, title, and interest of the United 
     States in and to a parcel consisting of approximately 0.98 
     acres of land, including 3 abandoned buildings on the land, 
     located in Lowell, Oregon, as described in subsection (b).
       (b) Description of Property.--The parcel of land to be 
     conveyed under subsection (a) is more particularly described 
     as follows: Commencing at the point of intersection of the 
     west line of Pioneer Street with the westerly extension of 
     the north line of Summit Street, in Meadows Addition to 
     Lowell, as platted and recorded on page 56 of volume 4, Lane 
     County Oregon Plat Records; thence north on the west line of 
     Pioneer Street a distance of 176.0 feet to the true point of 
     beginning of this description; thence north on the west line 
     of Pioneer Street a distance of 170.0 feet; thence west at 
     right angles to the west line of Pioneer Street a distance of 
     250.0 feet; thence south and parallel to the west line of 
     Pioneer Street a distance of 170.0 feet; and thence east 
     250.0 feet to the true point of beginning of this description 
     in sec. 14, T. 19 S., R. 1 W. of the Willamette Meridian, 
     Lane County, Oregon.
       (c) Condition.--The Secretary shall not complete the 
     conveyance under subsection (a) until such time as the Forest 
     Service--
       (1) completes and certifies that necessary environmental 
     remediation associated with the structures located on the 
     property is complete; and
       (2) transfers the structures to the Corps of Engineers.
       (d) Effect of Other Law.--
       (1) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to any conveyance under this section.
       (2) Liability.--
       (A) In general.--Lowell School District No, 71 shall hold 
     the United States harmless from any liability with respect to 
     activities carried out on the property described in 
     subsection (b) on or after the date of the conveyance under 
     subsection (a).
       (B) Certain activities.--The United States shall be liable 
     with respect to any activity carried out on the property 
     described in subsection (b) before the date of conveyance 
     under subsection (a).

     SEC. 3088. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM 
                   RESTORATION.

       (a) In General.--The Secretary shall conduct studies and 
     ecosystem restoration projects for the upper Willamette River 
     watershed from Albany, Oregon, to the headwaters of the 
     Willamette River and tributaries.
       (b) Consultation.--The Secretary shall carry out ecosystem 
     restoration projects under this section for the Upper 
     Willamette River watershed in consultation with the Governor 
     of the State of Oregon, the heads of appropriate Indian 
     tribes, the Environmental Protection Agency, the United 
     States Fish and Wildlife Service, the National Marine 
     Fisheries Service, the Bureau of Land Management, the Forest 
     Service, and local entities.
       (c) Authorized Activities.--In carrying out ecosystem 
     restoration projects under this section, the Secretary shall 
     undertake activities necessary to protect, monitor, and 
     restore fish and wildlife habitat.
       (d) Cost Sharing Requirements.--
       (1) Studies.--Studies conducted under this section shall be 
     subject to cost sharing in accordance with section 206 of the 
     Water Resources Development Act of 1996 (33 U.S.C. 2330).
       (2) Ecosystem restoration projects.--
       (A) In general.--Non-Federal interests shall pay 35 percent 
     of the cost of any ecosystem restoration project carried out 
     under this section.
       (B) Items provided by non-federal interests.--
       (i) In general.--Non-Federal interests shall provide all 
     land, easements, rights-of-way, dredged material disposal 
     areas, and relocations necessary for ecosystem restoration 
     projects to be carried out under this section.
       (ii) Credit toward payment.--The value of the land, 
     easements, rights-of-way, dredged material disposal areas, 
     and relocations provided under paragraph (1) shall be 
     credited toward the payment required under subsection (a).
       (C) In-kind contributions.--100 percent of the non-Federal 
     share required under subsection (a) may be satisfied by the 
     provision of in-kind contributions.
       (3) Operations and maintenance.--Non-Federal interests 
     shall be responsible for all costs associated with operating, 
     maintaining, replacing, repairing, and rehabilitating all 
     projects carried out under this section.

[[Page 14973]]

       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000.

     SEC. 3089. TIOGA TOWNSHIP, PENNSYLVANIA.

       (a) In General.--The Secretary shall convey to the Tioga 
     Township, Pennsylvania, at fair market value, all right, 
     title, and interest in and to the parcel of real property 
     located on the northeast end of Tract No. 226, a portion of 
     the Tioga-Hammond Lakes Floods Control Project, Tioga County, 
     Pennsylvania, consisting of approximately 8 acres, together 
     with any improvements on that property, in as-is condition, 
     for public ownership and use as the site of the 
     administrative offices and road maintenance complex for the 
     Township.
       (b) Survey To Obtain Legal Description.--The exact acreage 
     and the legal description of the real property described in 
     subsection (a) shall be determined by a survey that is 
     satisfactory to the Secretary.
       (c) Reservation of Interests.--The Secretary shall reserve 
     such rights and interests in and to the property to be 
     conveyed as the Secretary considers necessary to preserve the 
     operational integrity and security of the Tioga-Hammond Lakes 
     Flood Control Project.
       (d) Reversion.--If the Secretary determines that the 
     property conveyed under subsection (a) ceases to be held in 
     public ownership, or to be used as a site for the Tioga 
     Township administrative offices and road maintenance complex 
     or for related public purposes, all right, title, and 
     interest in and to the property shall revert to the United 
     States, at the option of the United States.

     SEC. 3090. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND 
                   NEW YORK.

       Section 567 of the Water Resources Development Act of 1996 
     (110 Stat. 3787) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Cooperation Agreements.--
       ``(1) In general.--In conducting the study and implementing 
     the strategy under this section, the Secretary shall enter 
     into cost-sharing and project cooperation agreements with the 
     Federal Government, State and local governments (with the 
     consent of the State and local governments), land trusts, or 
     nonprofit, nongovernmental organizations with expertise in 
     wetland restoration.
       ``(2) Financial assistance.--Under the cooperation 
     agreement, the Secretary may provide assistance for 
     implementation of wetland restoration projects and soil and 
     water conservation measures.''; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Implementation of Strategy.--
       ``(1) In general.--The Secretary shall carry out the 
     development, demonstration, and implementation of the 
     strategy under this section in cooperation with local 
     landowners, local government officials, and land trusts.
       ``(2) Goals of projects.--Projects to implement the 
     strategy under this subsection shall be designed to take 
     advantage of ongoing or planned actions by other agencies, 
     local municipalities, or nonprofit, nongovernmental 
     organizations with expertise in wetland restoration that 
     would increase the effectiveness or decrease the overall cost 
     of implementing recommended projects.''.

     SEC. 3091. NARRAGANSETT BAY, RHODE ISLAND.

       The Secretary may use amounts in the Environmental 
     Restoration Account, Formerly Used Defense Sites, under 
     section 2703(a)(5) of title 10, United States Code, for the 
     removal of abandoned marine camels at any Formerly Used 
     Defense Site under the jurisdiction of the Department of 
     Defense that is undergoing (or is scheduled to undergo) 
     environmental remediation under chapter 160 of title 10, 
     United States Code (and other provisions of law), in 
     Narragansett Bay, Rhode Island, in accordance with the Corps 
     of Engineers prioritization process under the Formerly Used 
     Defense Sites program.

     SEC. 3092. SOUTH CAROLINA DEPARTMENT OF COMMERCE DEVELOPMENT 
                   PROPOSAL AT RICHARD B. RUSSELL LAKE, SOUTH 
                   CAROLINA.

       (a) In General.--The Secretary shall convey to the State of 
     South Carolina, by quitclaim deed, all right, title, and 
     interest of the United States in and to the parcels of land 
     described in subsection (b)(1) that are managed, as of the 
     date of enactment of this Act, by the South Carolina 
     Department of Commerce for public recreation purposes for the 
     Richard B. Russell Dam and Lake, South Carolina, project 
     authorized by section 203 of the Flood Control Act of 1966 
     (80 Stat. 1420).
       (b) Land Description.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     parcels of land referred to in subsection (a) are the parcels 
     contained in the portion of land described in Army Lease 
     Number DACW21-1-92-0500.
       (2) Retention of interests.--The United States shall 
     retain--
       (A) ownership of all land included in the lease referred to 
     in paragraph (1) that would have been acquired for 
     operational purposes in accordance with the 1971 
     implementation of the 1962 Army/Interior Joint Acquisition 
     Policy; and
       (B) such other land as is determined by the Secretary to be 
     required for authorized project purposes, including easement 
     rights-of-way to remaining Federal land.
       (3) Survey.--The exact acreage and legal description of the 
     land described in paragraph (1) shall be determined by a 
     survey satisfactory to the Secretary, with the cost of the 
     survey to be paid by the State.
       (c) General Provisions.--
       (1) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to the conveyance under this section.
       (2) Additional terms and conditions.--The Secretary may 
     require that the conveyance under this section be subject to 
     such additional terms and conditions as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (3) Costs of conveyance.--
       (A) In general.--The State shall be responsible for all 
     costs, including real estate transaction and environmental 
     compliance costs, associated with the conveyance under this 
     section.
       (B) Form of contribution.--As determined appropriate by the 
     Secretary, in lieu of payment of compensation to the United 
     States under subparagraph (A), the State may perform certain 
     environmental or real estate actions associated with the 
     conveyance under this section if those actions are performed 
     in close coordination with, and to the satisfaction of, the 
     United States.
       (4) Liability.--The State shall hold the United States 
     harmless from any liability with respect to activities 
     carried out, on or after the date of the conveyance, on the 
     real property conveyed under this section.
       (d) Additional Terms and Conditions.--
       (1) In general.--The State shall pay fair market value 
     consideration, as determined by the United States, for any 
     land included in the conveyance under this section.
       (2) No effect on shore management policy.--The Shoreline 
     Management Policy (ER-1130-2-406) of the Corps of Engineers 
     shall not be changed or altered for any proposed development 
     of land conveyed under this section.
       (3) Federal statutes.--The conveyance under this section 
     shall be subject to the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) (including public review under 
     that Act) and other Federal statutes.
       (4) Cost sharing.--In carrying out the conveyance under 
     this section, the Secretary and the State shall comply with 
     all obligations of any cost sharing agreement between the 
     Secretary and the State in effect as of the date of the 
     conveyance.
       (5) Land not conveyed.--The State shall continue to manage 
     the land not conveyed under this section in accordance with 
     the terms and conditions of Army Lease Number DACW21-1-92-
     0500.

     SEC. 3093. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.

       (a) Membership.--Section 904(b)(1)(B) of the Water 
     Resources Development Act of 2000 (114 Stat. 2708) is 
     amended--
       (1) in clause (vii), by striking ``and'' at the end;
       (2) by redesignating clause (viii) as clause (ix); and
       (3) by inserting after clause (vii) the following:
       ``(viii) rural water systems; and''.
       (b) Reauthorization.--Section 907(a) of the Water Resources 
     Development Act of 2000 (114 Stat. 2712) is amended in the 
     first sentence by striking ``2005'' and inserting ``2010''.

     SEC. 3094. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT 
                   PROJECT.

       Section 514 of the Water Resources Development Act of 1999 
     (113 Stat. 343; 117 Stat. 142) is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (h) and (i), respectively;
       (2) in subsection (h) (as redesignated by paragraph (1)), 
     by striking paragraph (1) and inserting the following:
       ``(1) Non-federal share.--
       ``(A) In general.--The non-Federal share of the cost of 
     projects may be provided--
       ``(i) in cash;
       ``(ii) by the provision of land, easements, rights-of-way, 
     relocations, or disposal areas;
       ``(iii) by in-kind services to implement the project; or
       ``(iv) by any combination of the foregoing.
       ``(B) Private ownership.--Land needed for a project under 
     this authority may remain in private ownership subject to 
     easements that are--
       ``(i) satisfactory to the Secretary; and
       ``(ii) necessary to assure achievement of the project 
     purposes.'';
       (3) in subsection (i) (as redesignated by paragraph (1)), 
     by striking ``for the period of fiscal years 2000 and 2001.'' 
     and inserting ``per year, and that authority shall extend 
     until Federal fiscal year 2015.''; and
       (4) by inserting after subsection (e) the following:
       ``(f) Nonprofit Entities.--Notwithstanding section 221(b) 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
     any project undertaken under this section, a non-Federal 
     interest may include a regional or national nonprofit entity 
     with the consent of the affected local government.
       ``(g) Cost Limitation.--Not more than $5,000,000 in Federal 
     funds may be allotted under this section for a project at any 
     single locality.''

     SEC. 3095. ANDERSON CREEK, JACKSON AND MADISON COUNTIES, 
                   TENNESSEE.

       (a) In General.--The Secretary may carry out a project for 
     flood damage reduction under section 205 of the Flood Control 
     Act of 1948 (33 U.S.C. 701s) at Anderson Creek, Jackson and 
     Madison Counties, Tennessee, if the Secretary determines that 
     the project is technically sound, environmentally acceptable, 
     and economically justified.
       (b) Relationship to West Tennessee Tributaries Project, 
     Tennessee.--Consistent with the report of the Chief of 
     Engineers dated March 24, 1948, on the West Tennessee 
     Tributaries project--

[[Page 14974]]

       (1) Anderson Creek shall not be considered to be an 
     authorized channel of the West Tennessee Tributaries Project; 
     and
       (2) the Anderson Creek flood damage reduction project shall 
     not be considered to be part of the West Tennessee 
     Tributaries Project.

     SEC. 3096. HARRIS FORK CREEK, TENNESSEE AND KENTUCKY.

       Notwithstanding section 1001(b)(1) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 579a), the project for 
     flood control, Harris Fork Creek, Tennessee and Kentucky, 
     authorized by section 102 of the Water Resources Development 
     Act of 1976 (33 U.S.C. 701c note; 90 Stat. 2920) shall remain 
     authorized to be carried out by the Secretary for a period of 
     7 years beginning on the date of enactment of this Act.

     SEC. 3097. NONCONNAH WEIR, MEMPHIS, TENNESSEE.

       The project for flood control, Nonconnah Creek, Tennessee 
     and Mississippi, authorized by section 401 of the Water 
     Resources Development Act of 1986 (100 Stat. 4124) and 
     modified by the section 334 of the Water Resources 
     Development Act of 2000 (114 Stat. 2611), is modified to 
     authorize the Secretary--
       (1) to reconstruct, at full Federal expense, the weir 
     originally constructed in the vicinity of the mouth of 
     Nonconnah Creek; and
       (2) to make repairs and maintain the weir in the future so 
     that the weir functions properly.

     SEC. 3098. OLD HICKORY LOCK AND DAM, CUMBERLAND RIVER, 
                   TENNESSEE.

       (a) Release of Retained Rights, Interests, Reservations.--
     With respect to land conveyed by the Secretary to the 
     Tennessee Society of Crippled Children and Adults, 
     Incorporated (commonly known as ``Easter Seals Tennessee'') 
     at Old Hickory Lock and Dam, Cumberland River, Tennessee, 
     under section 211 of the Flood Control Act of 1965 (79 Stat. 
     1087), the reversionary interests and the use restrictions 
     relating to recreation and camping purposes are extinguished.
       (b) Instrument of Release.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall 
     execute and file in the appropriate office a deed of release, 
     amended deed, or other appropriate instrument effectuating 
     the release of interests required by subsection (a).
       (c) No Effect on Other Rights.--Nothing in this section 
     affects any remaining right or interest of the Corps of 
     Engineers with respect to an authorized purpose of any 
     project.

     SEC. 3099. SANDY CREEK, JACKSON COUNTY, TENNESSEE.

       (a) In General.--The Secretary may carry out a project for 
     flood damage reduction under section 205 of the Flood Control 
     Act of 1948 (33 U.S.C. 701s) at Sandy Creek, Jackson County, 
     Tennessee, if the Secretary determines that the project is 
     technically sound, environmentally acceptable, and 
     economically justified.
       (b) Relationship to West Tennessee Tributaries Project, 
     Tennessee.--Consistent with the report of the Chief of 
     Engineers dated March 24, 1948, on the West Tennessee 
     Tributaries project--
       (1) Sandy Creek shall not be considered to be an authorized 
     channel of the West Tennessee Tributaries Project; and
       (2) the Sandy Creek flood damage reduction project shall 
     not be considered to be part of the West Tennessee 
     Tributaries Project.

     SEC. 3100. CEDAR BAYOU, TEXAS.

       Section 349(a)(2) of the Water Resources Development Act of 
     2000 (114 Stat. 2632) is amended by striking ``except that 
     the project is authorized only for construction of a 
     navigation channel 12 feet deep by 125 feet wide'' and 
     inserting ``except that the project is authorized for 
     construction of a navigation channel that is 10 feet deep by 
     100 feet wide''.

     SEC. 3101. DENISON, TEXAS.

       (a) In General.--The Secretary may offer to convey at fair 
     market value to the city of Denison, Texas (or a designee of 
     the city), all right, title, and interest of the United 
     States in and to the approximately 900 acres of land located 
     in Grayson County, Texas, which is currently subject to an 
     Application for Lease for Public Park and Recreational 
     Purposes made by the city of Denison, dated August 17, 2005.
       (b) Survey To Obtain Legal Description.--The exact acreage 
     and description of the real property referred to in 
     subsection (a) shall be determined by a survey paid for by 
     the city of Denison, Texas (or a designee of the city), that 
     is satisfactory to the Secretary.
       (c) Conveyance.--On acceptance by the city of Denison, 
     Texas (or a designee of the city), of an offer under 
     subsection (a), the Secretary may immediately convey the land 
     surveyed under subsection (b) by quitclaim deed to the city 
     of Denison, Texas (or a designee of the city).

     SEC. 3102. FREEPORT HARBOR, TEXAS.

       (a) In General.--The project for navigation, Freeport 
     Harbor, Texas, authorized by section 101 of the River and 
     Harbor Act of 1970 (84 Stat. 1818), is modified to provide 
     that--
       (1) all project costs incurred as a result of the discovery 
     of the sunken vessel COMSTOCK of the Corps of Engineers are a 
     Federal responsibility; and
       (2) the Secretary shall not seek further obligation or 
     responsibility for removal of the vessel COMSTOCK, or costs 
     associated with a delay due to the discovery of the sunken 
     vessel COMSTOCK, from the Port of Freeport.
       (b) Cost Sharing.--This section does not affect the 
     authorized cost sharing for the balance of the project 
     described in subsection (a).

     SEC. 3103. HARRIS COUNTY, TEXAS.

       Section 575(b) of the Water Resources Development Act of 
     1996 (110 Stat. 3789; 113 Stat. 311) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding the following:
       ``(5) the project for flood control, Upper White Oak Bayou, 
     Texas, authorized by section 401(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4125).''.

     SEC. 3104. CONNECTICUT RIVER RESTORATION, VERMONT.

       Notwithstanding section 221 of the Flood Control Act of 
     1970 (42 U.S.C. 1962d-5b), with respect to the study entitled 
     ``Connecticut River Restoration Authority'', dated May 23, 
     2001, a nonprofit entity may act as the non-Federal interest 
     for purposes of carrying out the activities described in the 
     agreement executed between The Nature Conservancy and the 
     Department of the Army on August 5, 2005.

     SEC. 3105. DAM REMEDIATION, VERMONT.

       Section 543 of the Water Resources Development Act of 2000 
     (114 Stat. 2673) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) may carry out measures to restore, protect, and 
     preserve an ecosystem affected by a dam described in 
     subsection (b).''; and
       (2) in subsection (b), by adding at the end the following:
       ``(11) Camp Wapanacki, Hardwick.
       ``(12) Star Lake Dam, Mt. Holly.
       ``(13) Curtis Pond, Calais.
       ``(14) Weathersfield Reservoir, Springfield.
       ``(15) Burr Pond, Sudbury.
       ``(16) Maidstone Lake, Guildhall.
       ``(17) Upper and Lower Hurricane Dam.
       ``(18) Lake Fairlee.
       ``(19) West Charleston Dam.''.

     SEC. 3106. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER CHESTNUT, 
                   AND OTHER NONNATIVE PLANT CONTROL, VERMONT.

       Under authority of section 104 of the River and Harbor Act 
     of 1958 (33 U.S.C. 610), the Secretary shall revise the 
     existing General Design Memorandum to permit the use of 
     chemical means of control, when appropriate, of Eurasian 
     milfoil, water chestnuts, and other nonnative plants in the 
     Lake Champlain basin, Vermont.

     SEC. 3107. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION, 
                   VERMONT AND NEW HAMPSHIRE.

       (a) In General.--The Secretary, in cooperation with the 
     States of Vermont and New Hampshire, shall carry out a study 
     and develop a strategy for the use of wetland restoration, 
     soil and water conservation practices, and nonstructural 
     measures to reduce flood damage, improve water quality, and 
     create wildlife habitat in the Upper Connecticut River 
     watershed.
       (b) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of the 
     study and development of the strategy under subsection (a) 
     shall be 65 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     of the study and development of the strategy may be provided 
     through the contribution of in-kind services and materials.
       (c) Non-Federal Interest.--A nonprofit organization with 
     wetland restoration experience may serve as the non-Federal 
     interest for the study and development of the strategy under 
     this section.
       (d) Cooperative Agreements.--In conducting the study and 
     developing the strategy under this section, the Secretary may 
     enter into 1 or more cooperative agreements to provide 
     technical assistance to appropriate Federal, State, and local 
     agencies and nonprofit organizations with wetland restoration 
     experience, including assistance for the implementation of 
     wetland restoration projects and soil and water conservation 
     measures.
       (e) Implementation.--The Secretary shall carry out 
     development and implementation of the strategy under this 
     section in cooperation with local landowners and local 
     government officials.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000, to 
     remain available until expended.

     SEC. 3108. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM 
                   RESTORATION, VERMONT AND NEW HAMPSHIRE.

       (a) General Management Plan Development.--
       (1) In general.--The Secretary, in cooperation with the 
     Secretary of Agriculture and in consultation with the States 
     of Vermont and New Hampshire and the Connecticut River Joint 
     Commission, shall conduct a study and develop a general 
     management plan for ecosystem restoration of the Upper 
     Connecticut River ecosystem for the purposes of--
       (A) habitat protection and restoration;
       (B) streambank stabilization;
       (C) restoration of stream stability;
       (D) water quality improvement;
       (E) invasive species control;
       (F) wetland restoration;
       (G) fish passage; and
       (H) natural flow restoration.
       (2) Existing plans.--In developing the general management 
     plan, the Secretary shall depend heavily on existing plans 
     for the restoration of the Upper Connecticut River.
       (b) Critical Restoration Projects.--
       (1) In general.--The Secretary may participate in any 
     critical restoration project in the

[[Page 14975]]

     Upper Connecticut River Basin in accordance with the general 
     management plan developed under subsection (a).
       (2) Eligible projects.--A critical restoration project 
     shall be eligible for assistance under this section if the 
     project--
       (A) meets the purposes described in the general management 
     plan developed under subsection (a); and
       (B) with respect to the Upper Connecticut River and Upper 
     Connecticut River watershed, consists of--
       (i) bank stabilization of the main stem, tributaries, and 
     streams;
       (ii) wetland restoration and migratory bird habitat 
     restoration;
       (iii) soil and water conservation;
       (iv) restoration of natural flows;
       (v) restoration of stream stability;
       (vi) implementation of an intergovernmental agreement for 
     coordinating ecosystem restoration, fish passage 
     installation, streambank stabilization, wetland restoration, 
     habitat protection and restoration, or natural flow 
     restoration;
       (vii) water quality improvement;
       (viii) invasive species control;
       (ix) wetland restoration and migratory bird habitat 
     restoration;
       (x) improvements in fish migration; and
       (xi) conduct of any other project or activity determined to 
     be appropriate by the Secretary.
       (c) Cost Sharing.--The Federal share of the cost of any 
     project carried out under this section shall not be less than 
     65 percent.
       (d) Non-Federal Interest.--A nonprofit organization may 
     serve as the non-Federal interest for a project carried out 
     under this section.
       (e) Crediting.--
       (1) For work.--The Secretary shall provide credit, 
     including credit for in-kind contributions of up to 100 
     percent of the non-Federal share, for work (including design 
     work and materials) if the Secretary determines that the work 
     performed by the non-Federal interest is integral to the 
     product.
       (2) For other contributions.--The non-Federal interest 
     shall receive credit for land, easements, rights-of-way, 
     dredged material disposal areas, and relocations necessary to 
     implement the projects.
       (f) Cooperative Agreements.--In carrying out this section, 
     the Secretary may enter into 1 or more cooperative agreements 
     to provide financial assistance to appropriate Federal, 
     State, or local governments or nonprofit agencies, including 
     assistance for the implementation of projects to be carried 
     out under subsection (b).
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 3109. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

       Section 542 of the Water Resources Development Act of 2000 
     (114 Stat. 2671) is amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (D), by striking ``or'' at the end;
       (B) by redesignating subparagraph (E) as subparagraph (G); 
     and
       (C) by inserting after subparagraph (D) the following:
       ``(E) river corridor assessment, protection, management, 
     and restoration for the purposes of ecosystem restoration;
       ``(F) geographic mapping conducted by the Secretary using 
     existing technical capacity to produce a high-resolution, 
     multispectral satellite imagery-based land use and cover data 
     set; or'';
       (2) in subsection (e)(2)--
       (A) in subparagraph (A)--
       (i) by striking ``The non-Federal'' and inserting the 
     following:
       ``(i) In general.--The non-Federal''; and
       (ii) by adding at the end the following:
       ``(ii) Approval of district engineer.--Approval of credit 
     for design work of less than $100,000 shall be determined by 
     the appropriate district engineer.''; and
       (B) in subparagraph (C), by striking ``up to 50 percent 
     of''; and
       (3) in subsection (g), by striking ``$20,000,000'' and 
     inserting ``$32,000,000''.

     SEC. 3110. CHESAPEAKE BAY OYSTER RESTORATION, VIRGINIA AND 
                   MARYLAND.

       Section 704(b) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2263(b)) is amended--
       (1) by redesignating paragraph (2) as paragraph (4);
       (2) in paragraph (1)--
       (A) in the second sentence, by striking ``$20,000,000'' and 
     inserting ``$50,000,000''; and
       (B) in the third sentence, by striking ``Such projects'' 
     and inserting the following:
       ``(2) Inclusions.--Such projects'';
       (3) by striking paragraph (2)(D) (as redesignated by 
     paragraph (2)(B)) and inserting the following:
       ``(D) the restoration and rehabilitation of habitat for 
     fish, including native oysters, in the Chesapeake Bay and its 
     tributaries in Virginia and Maryland, including--
       ``(i) the construction of oyster bars and reefs;
       ``(ii) the rehabilitation of existing marginal habitat;
       ``(iii) the use of appropriate alternative substrate 
     material in oyster bar and reef construction;
       ``(iv) the construction and upgrading of oyster hatcheries; 
     and
       ``(v) activities relating to increasing the output of 
     native oyster broodstock for seeding and monitoring of 
     restored sites to ensure ecological success.
       ``(3) Restoration and rehabilitation activities.--The 
     restoration and rehabilitation activities described in 
     paragraph (2)(D) shall be--
       ``(A) for the purpose of establishing permanent sanctuaries 
     and harvest management areas; and
       ``(B) consistent with plans and strategies for guiding the 
     restoration of the Chesapeake Bay oyster resource and 
     fishery.''; and
       (4) by adding at the end the following:
       ``(5) Definition of ecological success.--In this 
     subsection, the term `ecological success' means--
       ``(A) achieving a tenfold increase in native oyster biomass 
     by the year 2010, from a 1994 baseline; and
       ``(B) the establishment of a sustainable fishery as 
     determined by a broad scientific and economic consensus.''.

     SEC. 3111. TANGIER ISLAND SEAWALL, VIRGINIA.

       Section 577(a) of the Water Resources Development Act of 
     1996 (110 Stat. 3789) is amended by striking ``at a total 
     cost of $1,200,000, with an estimated Federal cost of 
     $900,000 and an estimated non-Federal cost of $300,000.'' and 
     inserting ``at a total cost of $3,000,000, with an estimated 
     Federal cost of $2,400,000 and an estimated non-Federal cost 
     of $600,000.''.

     SEC. 3112. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY, 
                   WASHINGTON.

       (a) In General.--The Lower Columbia River levees and bank 
     protection works authorized by section 204 of the Flood 
     Control Act of 1950 (64 Stat. 178) is modified with regard to 
     the Wahkiakum County diking districts No. 1 and 3, but 
     without regard to any cost ceiling authorized before the date 
     of enactment of this Act, to direct the Secretary to provide 
     a 1-time placement of dredged material along portions of the 
     Columbia River shoreline of Puget Island, Washington, between 
     river miles 38 to 47, and the shoreline of Westport Beach, 
     Clatsop County, Oregon, between river miles 43 to 45, to 
     protect economic and environmental resources in the area from 
     further erosion.
       (b) Coordination and Cost-Sharing Requirements.--The 
     Secretary shall carry out subsection (a)--
       (1) in coordination with appropriate resource agencies;
       (2) in accordance with all applicable Federal law 
     (including regulations); and
       (3) at full Federal expense.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000.

     SEC. 3113. LOWER GRANITE POOL, WASHINGTON.

       (a) Extinguishment of Reversionary Interests and Use 
     Restrictions.--With respect to property covered by each deed 
     described in subsection (b)--
       (1) the reversionary interests and use restrictions 
     relating to port or industrial purposes are extinguished;
       (2) the human habitation or other building structure use 
     restriction is extinguished in each area in which the 
     elevation is above the standard project flood elevation; and
       (3) the use of fill material to raise low areas above the 
     standard project flood elevation is authorized, except in any 
     low area constituting wetland for which a permit under 
     section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) would be required for the use of fill material.
       (b) Deeds.--The deeds referred to in subsection (a) are as 
     follows:
       (1) Auditor's File Numbers 432576, 443411, 499988, and 
     579771 of Whitman County, Washington.
       (2) Auditor's File Numbers 125806, 138801, 147888, 154511, 
     156928, and 176360 of Asotin County, Washington.
       (c) No Effect on Other Rights.--Nothing in this section 
     affects any remaining rights and interests of the Corps of 
     Engineers for authorized project purposes in or to property 
     covered by a deed described in subsection (b).

     SEC. 3114. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE 
                   REFUGE, WASHINGTON AND IDAHO.

       (a) Transfer of Administrative Jurisdiction.--
     Administrative jurisdiction over the land acquired for the 
     McNary Lock and Dam Project and managed by the United States 
     Fish and Wildlife Service under Cooperative Agreement Number 
     DACW68-4-00-13 with the Corps of Engineers, Walla Walla 
     District, is transferred from the Secretary to the Secretary 
     of the Interior.
       (b) Easements.--The transfer of administrative jurisdiction 
     under subsection (a) shall be subject to easements in 
     existence as of the date of enactment of this Act on land 
     subject to the transfer.
       (c) Rights of Secretary.--
       (1) In general.--Except as provided in paragraph (3), the 
     Secretary shall retain rights described in paragraph (2) with 
     respect to the land for which administrative jurisdiction is 
     transferred under subsection (a).
       (2) Rights.--The rights of the Secretary referred to in 
     paragraph (1) are the rights--
       (A) to flood land described in subsection (a) to the 
     standard project flood elevation;
       (B) to manipulate the level of the McNary Project Pool;
       (C) to access such land described in subsection (a) as may 
     be required to install, maintain, and inspect sediment ranges 
     and carry out similar activities;
       (D) to construct and develop wetland, riparian habitat, or 
     other environmental restoration features authorized by 
     section 1135 of the Water Resources Development Act of 1986 
     (33 U.S.C.

[[Page 14976]]

     2309a) and section 206 of the Water Resources Development Act 
     of 1996 (33 U.S.C. 2330);
       (E) to dredge and deposit fill materials; and
       (F) to carry out management actions for the purpose of 
     reducing the take of juvenile salmonids by avian colonies 
     that inhabit, before, on, or after the date of enactment of 
     this Act, any island included in the land described in 
     subsection (a).
       (3) Coordination.--Before exercising a right described in 
     any of subparagraphs (C) through (F) of paragraph (2), the 
     Secretary shall coordinate the exercise with the United 
     States Fish and Wildlife Service.
       (d) Management.--
       (1) In general.--The land described in subsection (a) shall 
     be managed by the Secretary of the Interior as part of the 
     McNary National Wildlife Refuge.
       (2) Cummins property.--
       (A) Retention of credits.--Habitat unit credits described 
     in the memorandum entitled ``Design Memorandum No. 6, LOWER 
     SNAKE RIVER FISH AND WILDLIFE COMPENSATION PLAN, Wildlife 
     Compensation and Fishing Access Site Selection, Letter 
     Supplement No. 15, SITE DEVELOPMENT PLAN FOR THE WALLULA 
     HMU'' provided for the Lower Snake River Fish and Wildlife 
     Compensation Plan through development of the parcel of land 
     formerly known as the ``Cummins property'' shall be retained 
     by the Secretary despite any changes in management of the 
     parcel on or after the date of enactment of this Act.
       (B) Site development plan.--The United States Fish and 
     Wildlife Service shall obtain prior approval of the 
     Washington State Department of Fish and Wildlife for any 
     change to the previously approved site development plan for 
     the parcel of land formerly known as the ``Cummins 
     property''.
       (3) Madame dorian recreation area.--The United States Fish 
     and Wildlife Service shall continue operation of the Madame 
     Dorian Recreation Area for public use and boater access.
       (e) Administrative Costs.--The United States Fish and 
     Wildlife Service shall be responsible for all survey, 
     environmental compliance, and other administrative costs 
     required to implement the transfer of administrative 
     jurisdiction under subsection (a).

     SEC. 3115. SNAKE RIVER PROJECT, WASHINGTON AND IDAHO.

       The Fish and Wildlife Compensation Plan for the Lower Snake 
     River, Washington and Idaho, as authorized by section 101 of 
     the Water Resources Development Act of 1976 (90 Stat. 2921), 
     is amended to authorize the Secretary to conduct studies and 
     implement aquatic and riparian ecosystem restorations and 
     improvements specifically for fisheries and wildlife.

     SEC. 3116. WHATCOM CREEK WATERWAY, BELLINGHAM, WASHINGTON.

       That portion of the project for navigation, Whatcom Creek 
     Waterway, Bellingham, Washington, authorized by the Act of 
     June 25, 1910 (36 Stat. 664, chapter 382) (commonly known as 
     the ``River and Harbor Act of 1910'') and the River and 
     Harbor Act of 1958 (72 Stat. 299), consisting of the last 
     2,900 linear feet of the inner portion of the waterway, and 
     beginning at station 29+00 to station 0+00, shall not be 
     authorized as of the date of enactment of this Act.

     SEC. 3117. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

       The project for flood control at Milton, West Virginia, 
     authorized by section 580 of the Water Resources Development 
     Act of 1996 (110 Stat. 3790), as modified by section 340 of 
     the Water Resources Development Act of 2000 (114 Stat. 2612), 
     is modified to authorize the Secretary to construct the 
     project substantially in accordance with the draft report of 
     the Corps of Engineers dated May 2004, at an estimated total 
     cost of $45,500,000, with an estimated Federal cost of 
     $34,125,000 and an estimated non-Federal cost of $11,375,000.

     SEC. 3118. MCDOWELL COUNTY, WEST VIRGINIA.

       (a) In General.--The McDowell County nonstructural 
     component of the project for flood control, Levisa and Tug 
     Fork of the Big Sandy and Cumberland Rivers, West Virginia, 
     Virginia, and Kentucky, authorized by section 202(a) of the 
     Energy and Water Development Appropriation Act, 1981 (94 
     Stat. 1339), is modified to direct the Secretary to take 
     measures to provide protection, throughout McDowell County, 
     West Virginia, from the reoccurrence of the greater of--
       (1) the April 1977 flood;
       (2) the July 2001 flood;
       (3) the May 2002 flood; or
       (4) the 100-year frequency event.
       (b) Updates and Revisions.--The measures under subsection 
     (a) shall be carried out in accordance with, and during the 
     development of, the updates and revisions under section 
     2006(e)(2).

     SEC. 3119. GREEN BAY HARBOR PROJECT, GREEN BAY, WISCONSIN.

       The portion of the inner harbor of the Federal navigation 
     channel of the Green Bay Harbor project, authorized by the 
     first section of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved July 5, 1884 (commonly known as the 
     ``River and Harbor Act of 1884'') (23 Stat. 136, chapter 
     229), from Station 190+00 to Station 378+00 is authorized to 
     a width of 75 feet and a depth of 6 feet.

     SEC. 3120. UNDERWOOD CREEK DIVERSION FACILITY PROJECT, 
                   MILWAUKEE COUNTY, WISCONSIN.

       Section 212(e) of the Water Resources Development Act of 
     1999 (33 U.S.C. 2332) is amended--
       (1) in paragraph (22), by striking ``and'' at the end;
       (2) in paragraph (23), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(24) Underwood Creek Diversion Facility Project (County 
     Grounds), Milwaukee County, Wisconsin.''.

     SEC. 3121. OCONTO HARBOR, WISCONSIN.

       (a) In General.--The portion of the project for navigation, 
     Oconto Harbor, Wisconsin, authorized by the Act of August 2, 
     1882 (22 Stat. 196, chapter 375), and the Act of June 25, 
     1910 (36 Stat. 664, chapter 382) (commonly known as the 
     ``River and Harbor Act of 1910''), consisting of a 15-foot-
     deep turning basin in the Oconto River, as described in 
     subsection (b), is no longer authorized.
       (b) Project Description.--The project referred to in 
     subsection (a) is more particularly described as--
       (1) beginning at a point along the western limit of the 
     existing project, N. 394,086.71, E. 2,530,202.71;
       (2) thence northeasterly about 619.93 feet to a point N. 
     394,459.10, E. 2,530,698.33;
       (3) thence southeasterly about 186.06 feet to a point N. 
     394,299.20, E. 2,530,793.47;
       (4) thence southwesterly about 355.07 feet to a point N. 
     393,967.13, E. 2,530,667.76;
       (5) thence southwesterly about 304.10 feet to a point N. 
     393,826.90, E. 2,530,397.92; and
       (6) thence northwesterly about 324.97 feet to the point of 
     origin.

     SEC. 3122. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

       Section 21 of the Water Resources Development Act of 1988 
     (102 Stat. 4027) is amended--
       (1) in subsection (a)--
       (A) by striking ``1276.42'' and inserting ``1278.42'';
       (B) by striking ``1218.31'' and inserting ``1221.31''; and
       (C) by striking ``1234.82'' and inserting ``1235.30''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Exception.--
       ``(1) In general.--The Secretary may operate the headwaters 
     reservoirs below the minimum or above the maximum water 
     levels established under subsection (a) in accordance with 
     water control regulation manuals (or revisions to those 
     manuals) developed by the Secretary, after consultation with 
     the Governor of Minnesota and affected tribal governments, 
     landowners, and commercial and recreational users.
       ``(2) Effective date of manuals.--The water control 
     regulation manuals referred to in paragraph (1) (and any 
     revisions to those manuals) shall be effective as of the date 
     on which the Secretary submits the manuals (or revisions) to 
     Congress.
       ``(3) Notification.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not less than 14 days before operating any headwaters 
     reservoir below the minimum or above the maximum water level 
     limits specified in subsection (a), the Secretary shall 
     submit to Congress a notice of intent to operate the 
     headwaters reservoir.
       ``(B) Exception.--Notice under subparagraph (A) shall not 
     be required in any case in which--
       ``(i) the operation of a headwaters reservoir is necessary 
     to prevent the loss of life or to ensure the safety of a dam; 
     or
       ``(ii) the drawdown of the water level of the reservoir is 
     in anticipation of a flood control operation.''.

     SEC. 3123. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT 
                   INTERPRETIVE SITE.

       Section 103(c)(2) of the Water Resources Development Act of 
     1992 (106 Stat. 4811) is amended by striking ``property 
     currently held by the Resolution Trust Corporation in the 
     vicinity of the Mississippi River Bridge'' and inserting 
     ``riverfront property''.

     SEC. 3124. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER.

       (a) In General.--In accordance with the project for 
     navigation, Mississippi River between the Ohio and Missouri 
     Rivers (Regulating Works), Missouri and Illinois, authorized 
     by the Act of June 25, 1910 (36 Stat. 631, chapter 382) 
     (commonly known as the ``River and Harbor Act of 1910''), the 
     Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly 
     known as the ``River and Harbor Act of 1927''), and the Act 
     of July 3, 1930 (46 Stat. 918), the Secretary shall carry out 
     over at least a 10-year period a pilot program to restore and 
     protect fish and wildlife habitat in the middle Mississippi 
     River.
       (b) Authorized Activities.--
       (1) In general.--As part of the pilot program carried out 
     under subsection (a), the Secretary shall conduct any 
     activities that are necessary to improve navigation through 
     the project referred to in subsection (a) while restoring and 
     protecting fish and wildlife habitat in the middle 
     Mississippi River system.
       (2) Inclusions.--Activities authorized under paragraph (1) 
     shall include--
       (A) the modification of navigation training structures;
       (B) the modification and creation of side channels;
       (C) the modification and creation of islands;
       (D) any studies and analysis necessary to develop adaptive 
     management principles; and
       (E) the acquisition from willing sellers of any land 
     associated with a riparian corridor needed to carry out the 
     goals of the pilot program.
       (c) Cost-Sharing Requirement.--The cost-sharing requirement 
     required under the Act of

[[Page 14977]]

     June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as 
     the ``River and Harbor Act of 1910''), the Act of January 1, 
     1927 (44 Stat. 1010, chapter 47) (commonly known as the 
     ``River and Harbor Act of 1927''), and the Act of July 3, 
     1930 (46 Stat. 918), for the project referred to in 
     subsection (a) shall apply to any activities carried out 
     under this section.

     SEC. 3125. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL 
                   MANAGEMENT PROGRAM.

       (a) In General.--Notwithstanding section 221 of the Flood 
     Control Act of 1970 (42 U.S.C. 1962d-5b), for any Upper 
     Mississippi River fish and wildlife habitat rehabilitation 
     and enhancement project carried out under section 1103(e) of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     652(e)), with the consent of the affected local government, a 
     nongovernmental organization may be considered to be a non-
     Federal interest.
       (b) Conforming Amendment.--Section 1103(e)(1)(A)(ii) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     652(e)(1)(A)(ii)) is amended by inserting before the period 
     at the end the following: ``, including research on water 
     quality issues affecting the Mississippi River, including 
     elevated nutrient levels, and the development of remediation 
     strategies''.

     SEC. 3126. UPPER BASIN OF MISSOURI RIVER.

       (a) Use of Funds.--Notwithstanding the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2247), funds made available for recovery or mitigation 
     activities in the lower basin of the Missouri River may be 
     used for recovery or mitigation activities in the upper basin 
     of the Missouri River, including the States of Montana, 
     Nebraska, North Dakota, and South Dakota.
       (b) Conforming Amendment.--The matter under the heading 
     ``missouri river mitigation, missouri, kansas, iowa, and 
     nebraska'' of section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4143), as modified by 
     section 334 of the Water Resources Development Act of 1999 
     (113 Stat. 306), is amended by adding at the end the 
     following: ``The Secretary may carry out any recovery or 
     mitigation activities in the upper basin of the Missouri 
     River, including the States of Montana, Nebraska, North 
     Dakota, and South Dakota, using funds made available under 
     this heading in accordance with the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) and consistent with the project 
     purposes of the Missouri River Mainstem System as authorized 
     by section 10 of the Act of December 22, 1944 (commonly known 
     as the `Flood Control Act of 1944') (58 Stat. 897).''.

     SEC. 3127. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION 
                   PROGRAM.

       (a) Great Lakes Fishery and Ecosystem Restoration.--Section 
     506(c) of the Water Resources Development Act of 2000 (42 
     U.S.C. 1962d-22(c)) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Reconnaissance studies.--Before planning, designing, 
     or constructing a project under paragraph (3), the Secretary 
     shall carry out a reconnaissance study--
       ``(A) to identify methods of restoring the fishery, 
     ecosystem, and beneficial uses of the Great Lakes; and
       ``(B) to determine whether planning of a project under 
     paragraph (3) should proceed.''; and
       (3) in paragraph (4)(A) (as redesignated by paragraph (1)), 
     by striking ``paragraph (2)'' and inserting ``paragraph 
     (3)''.
       (b) Cost Sharing.--Section 506(f) of the Water Resources 
     Development Act of 2000 (42 U.S.C. 1962d-22(f)) is amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Reconnaissance studies.--Any reconnaissance study 
     under subsection (c)(2) shall be carried out at full Federal 
     expense.'';
       (3) in paragraph (3) (as redesignated by paragraph (1)), by 
     striking ``(2) or (3)'' and inserting ``(3) or (4)''; and
       (4) in paragraph (4)(A) (as redesignated by paragraph (1)), 
     by striking ``subsection (c)(2)'' and inserting ``subsection 
     (c)(3)''.

     SEC. 3128. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT 
                   REMEDIATION.

       Section 401(c) of the Water Resources Development Act of 
     1990 (104 Stat. 4644; 33 U.S.C. 1268 note) is amended by 
     striking ``through 2006'' and inserting ``through 2011''.

     SEC. 3129. GREAT LAKES TRIBUTARY MODELS.

       Section 516(g)(2) of the Water Resources Development Act of 
     1996 (33 U.S.C. 2326b(g)(2)) is amended by striking ``through 
     2006'' and inserting ``through 2011''.

     SEC. 3130. UPPER OHIO RIVER AND TRIBUTARIES NAVIGATION SYSTEM 
                   NEW TECHNOLOGY PILOT PROGRAM.

       (a) Definition of Upper Ohio River and Tributaries 
     Navigation System.--In this section, the term ``Upper Ohio 
     River and Tributaries Navigation System'' means the 
     Allegheny, Kanawha, Monongahela, and Ohio Rivers.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a pilot 
     program to evaluate new technologies applicable to the Upper 
     Ohio River and Tributaries Navigation System.
       (2) Inclusions.--The program may include the design, 
     construction, or implementation of innovative technologies 
     and solutions for the Upper Ohio River and Tributaries 
     Navigation System, including projects for--
       (A) improved navigation;
       (B) environmental stewardship;
       (C) increased navigation reliability; and
       (D) reduced navigation costs.
       (3) Purposes.--The purposes of the program shall be, with 
     respect to the Upper Ohio River and Tributaries Navigation 
     System--
       (A) to increase the reliability and availability of 
     federally-owned and federally-operated navigation facilities;
       (B) to decrease system operational risks; and
       (C) to improve--
       (i) vessel traffic management;
       (ii) access; and
       (iii) Federal asset management.
       (c) Federal Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is federally owned.
       (d) Local Cooperation Agreements.--
       (1) In general.--The Secretary shall enter into local 
     cooperation agreements with non-Federal interests to provide 
     for the design, construction, installation, and operation of 
     the projects to be carried out under the program.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall include the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a navigation 
     improvement project, including appropriate engineering plans 
     and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project.
       (3) Cost sharing.--Total project costs under each local 
     cooperation agreement shall be cost-shared in accordance with 
     the formula relating to the applicable original construction 
     project.
       (4) Expenditures.--
       (A) In general.--Expenditures under the program may 
     include, for establishment at federally-owned property, such 
     as locks, dams, and bridges--
       (i) transmitters;
       (ii) responders;
       (iii) hardware;
       (iv) software; and
       (v) wireless networks.
       (B) Exclusions.--Transmitters, responders, hardware, 
     software, and wireless networks or other equipment installed 
     on privately-owned vessels or equipment shall not be eligible 
     under the program.
       (e) Report.--Not later than December 31, 2007, the 
     Secretary shall submit to Congress a report on the results of 
     the pilot program carried out under this section, together 
     with recommendations concerning whether the program or any 
     component of the program should be implemented on a national 
     basis.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,100,000, to 
     remain available until expended.

                           TITLE IV--STUDIES

     SEC. 4001. EURASIAN MILFOIL.

       Under the authority of section 104 of the River and Harbor 
     Act of 1958 (33 U.S.C. 610), the Secretary shall carry out a 
     study, at full Federal expense, to develop national protocols 
     for the use of the Euhrychiopsis lecontei weevil for 
     biological control of Eurasian milfoil in the lakes of 
     Vermont and other northern tier States.

     SEC. 4002. NATIONAL PORT STUDY.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation, shall conduct a study of the 
     ability of coastal or deepwater port infrastructure to meet 
     current and projected national economic needs.
       (b) Components.--In conducting the study, the Secretary 
     shall--
       (1) consider--
       (A) the availability of alternate transportation 
     destinations and modes;
       (B) the impact of larger cargo vessels on existing port 
     capacity; and
       (C) practicable, cost-effective congestion management 
     alternatives; and
       (2) give particular consideration to the benefits and 
     proximity of proposed and existing port, harbor, waterway, 
     and other transportation infrastructure.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, 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 that describes the results 
     of the study.

     SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION CHANNEL.

       (a) In General.--To determine with improved accuracy the 
     environmental impacts of the project on the McClellan-Kerr 
     Arkansas River Navigation Channel (referred to in this 
     section as the ``MKARN''), the Secretary shall carry out the 
     measures described in subsection (b) in a timely manner.
       (b) Species Study.--
       (1) In general.--The Secretary, in conjunction with 
     Oklahoma State University, shall convene a panel of experts 
     with acknowledged expertise in wildlife biology and genetics 
     to review the available scientific information regarding the 
     genetic variation of various sturgeon species and possible 
     hybrids of those species that, as determined by the United 
     States Fish and Wildlife Service, may exist in any portion of 
     the MKARN.
       (2) Report.--The Secretary shall direct the panel to report 
     to the Secretary, not later than

[[Page 14978]]

     1 year after the date of enactment of this Act and in the 
     best scientific judgment of the panel--
       (A) the level of genetic variation between populations of 
     sturgeon sufficient to determine or establish that a 
     population is a measurably distinct species, subspecies, or 
     population segment; and
       (B) whether any pallid sturgeons that may be found in the 
     MKARN (including any tributary of the MKARN) would qualify as 
     such a distinct species, subspecies, or population segment.

     SEC. 4004. LOS ANGELES RIVER REVITALIZATION STUDY, 
                   CALIFORNIA.

       (a) In General.--The Secretary, in coordination with the 
     city of Los Angeles, shall--
       (1) prepare a feasibility study for environmental ecosystem 
     restoration, flood control, recreation, and other aspects of 
     Los Angeles River revitalization that is consistent with the 
     goals of the Los Angeles River Revitalization Master Plan 
     published by the city of Los Angeles; and
       (2) consider any locally-preferred project alternatives 
     developed through a full and open evaluation process for 
     inclusion in the study.
       (b) Use of Existing Information and Measures.--In preparing 
     the study under subsection (a), the Secretary shall use, to 
     the maximum extent practicable--
       (1) information obtained from the Los Angeles River 
     Revitalization Master Plan; and
       (2) the development process of that plan.
       (c) Demonstration Projects.--
       (1) In general.--The Secretary is authorized to construct 
     demonstration projects in order to provide information to 
     develop the study under subsection (a)(1).
       (2) Federal share.--The Federal share of the cost of any 
     project under this subsection shall be not more than 65 
     percent.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $12,000,000.

     SEC. 4005. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.

       The Secretary shall carry out a study for bank 
     stabilization and shore protection for Nicholas Canyon, Los 
     Angeles, California, under section 3 of the Act of August 13, 
     1946 (33 U.S.C. 426g).

     SEC. 4006. OCEANSIDE, CALIFORNIA, SHORELINE SPECIAL STUDY.

       Section 414 of the Water Resources Development Act of 2000 
     (114 Stat. 2636) is amended by striking ``32 months'' and 
     inserting ``44 months''.

     SEC. 4007. COMPREHENSIVE FLOOD PROTECTION PROJECT, ST. 
                   HELENA, CALIFORNIA.

       (a) Flood Protection Project.--
       (1) Review.--The Secretary shall review the project for 
     flood control and environmental restoration at St. Helena, 
     California, generally in accordance with Enhanced Minimum 
     Plan A, as described in the final environmental impact report 
     prepared by the city of St. Helena, California, and certified 
     by the city to be in compliance with the California 
     Environmental Quality Act on February 24, 2004.
       (2) Action on determination.--If the Secretary determines 
     under paragraph (1) that the project is economically 
     justified, technically sound, and environmentally acceptable, 
     the Secretary is authorized to carry out the project at a 
     total cost of $30,000,000, with an estimated Federal cost of 
     $19,500,000 and an estimated non-Federal cost of $10,500,000.
       (b) Cost Sharing.--Cost sharing for the project described 
     in subsection (a) shall be in accordance with section 103 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2213).

     SEC. 4008. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, 
                   SHERMAN ISLAND, CALIFORNIA.

       The Secretary shall carry out a study of the feasibility of 
     a project to use Sherman Island, California, as a dredged 
     material rehandling facility for the beneficial use of 
     dredged material to enhance the environment and meet other 
     water resource needs on the Sacramento-San Joaquin Delta, 
     California, under section 204 of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326).

     SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, 
                   CALIFORNIA.

       (a) In General.--The Secretary, in cooperation with non-
     Federal interests, shall conduct a study of the feasibility 
     of carrying out a project for--
       (1) flood protection of South San Francisco Bay shoreline;
       (2) restoration of the South San Francisco Bay salt ponds 
     (including on land owned by other Federal agencies); and
       (3) other related purposes, as the Secretary determines to 
     be appropriate.
       (b) Independent Review.--To the extent required by 
     applicable Federal law, a national science panel shall 
     conduct an independent review of the study under subsection 
     (a).
       (c) Report.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study under subsection 
     (a).
       (2) Inclusions.--The report under paragraph (1) shall 
     include recommendations of the Secretary with respect to the 
     project described in subsection (a) based on planning, 
     design, and land acquisition documents prepared by--
       (A) the California State Coastal Conservancy;
       (B) the Santa Clara Valley Water District; and
       (C) other local interests.

     SEC. 4010. SAN PABLO BAY WATERSHED RESTORATION, CALIFORNIA.

       (a) In General.--The Secretary shall complete work as 
     expeditiously as practicable on the San Pablo watershed, 
     California, study authorized by section 209 of the Flood 
     Control Act of 1962 (76 Stat. 1196) to determine the 
     feasibility of opportunities for restoring, preserving, and 
     protecting the San Pablo Bay Watershed.
       (b) Report.--Not later than March 31, 2008, the Secretary 
     shall submit to Congress a report that describes the results 
     of the study.

     SEC. 4011. FOUNTAIN CREEK, NORTH OF PUEBLO, COLORADO.

       Subject to the availability of appropriations, the 
     Secretary shall expedite the completion of the Fountain 
     Creek, North of Pueblo, Colorado, watershed study authorized 
     by a resolution adopted by the House of Representatives on 
     September 23, 1976.

     SEC. 4012. SELENIUM STUDY, COLORADO.

       (a) In General.--The Secretary, in consultation with State 
     water quality and resource and conservation agencies, shall 
     conduct regional and watershed-wide studies to address 
     selenium concentrations in the State of Colorado, including 
     studies--
       (1) to measure selenium on specific sites; and
       (2) to determine whether specific selenium measures studied 
     should be recommended for use in demonstration projects.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000.

     SEC. 4013. PROMONTORY POINT THIRD-PARTY REVIEW, CHICAGO 
                   SHORELINE, CHICAGO, ILLINOIS.

       (a) Review.--
       (1) In general.--The Secretary is authorized to conduct a 
     third-party review of the Promontory Point project along the 
     Chicago Shoreline, Chicago, Illinois, at a cost not to exceed 
     $450,000.
       (2) Joint review.--The Buffalo and Seattle Districts of the 
     Corps of Engineers shall jointly conduct the review under 
     paragraph (1).
       (3) Standards.--The review shall be based on the standards 
     under part 68 of title 36, Code of Federal Regulations (or 
     successor regulation), for implementation by the non-Federal 
     sponsor for the Chicago Shoreline Chicago, Illinois, project.
       (b) Contributions.--The Secretary shall accept from a State 
     or political subdivision of a State voluntarily contributed 
     funds to initiate the third-party review.
       (c) Treatment.--While the third-party review is of the 
     Promontory Point portion of the Chicago Shoreline, Chicago, 
     Illinois, project, the third-party review shall be separate 
     and distinct from the Chicago Shoreline, Chicago, Illinois, 
     project.
       (d) Effect of Section.--Nothing in this section affects the 
     authorization for the Chicago Shoreline, Chicago, Illinois, 
     project.

     SEC. 4014. VIDALIA PORT, LOUISIANA.

       The Secretary shall conduct a study to determine the 
     feasibility of carrying out a project for navigation 
     improvement at Vidalia, Louisiana.

     SEC. 4015. LAKE ERIE AT LUNA PIER, MICHIGAN.

       The Secretary shall study the feasibility of storm damage 
     reduction and beach erosion protection and other related 
     purposes along Lake Erie at Luna Pier, Michigan.

     SEC. 4016. MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, 
                   OHIO.

       The Secretary shall carry out a study of the feasibility of 
     a project for navigation improvements, shoreline protection, 
     and other related purposes, including the rehabilitation the 
     harbor basin (including entrance breakwaters), interior 
     shoreline protection, dredging, and the development of a 
     public launch ramp facility, for Middle Bass Island State 
     Park, Middle Bass Island, Ohio.

     SEC. 4017. JASPER COUNTY PORT FACILITY STUDY, SOUTH CAROLINA.

       (a) In General.--The Secretary may determine the 
     feasibility of providing improvements to the Savannah River 
     for navigation and related purposes that may be necessary to 
     support the location of container cargo and other port 
     facilities to be located in Jasper County, South Carolina, 
     near the vicinity of mile 6 of the Savannah Harbor Entrance 
     Channel.
       (b) Consideration.--In making a determination under 
     subsection (a), the Secretary shall take into consideration--
       (1) landside infrastructure;
       (2) the provision of any additional dredged material 
     disposal area for maintenance of the ongoing Savannah Harbor 
     Navigation project; and
       (3) the results of a consultation with the Governor of the 
     State of Georgia and the Governor of the State of South 
     Carolina.

     SEC. 4018. JOHNSON CREEK, ARLINGTON, TEXAS.

       The Secretary shall conduct a feasibility study to 
     determine the technical soundness, economic feasibility, and 
     environmental acceptability of the plan prepared by the city 
     of Arlington, Texas, as generally described in the report 
     entitled ``Johnson Creek: A Vision of Conservation, 
     Arlington, Texas'', dated March 2006.

     SEC. 4019. LAKE CHAMPLAIN CANAL STUDY, VERMONT AND NEW YORK.

       (a) Dispersal Barrier Project.--The Secretary shall 
     determine, at full Federal expense, the feasibility of a 
     dispersal barrier project at the Lake Champlain Canal.
       (b) Construction, Maintenance, and Operation.--If the 
     Secretary determines that the project described in subsection 
     (a) is feasible, the Secretary shall construct, maintain, and 
     operate a dispersal barrier at the Lake Champlain Canal at 
     full Federal expense.

[[Page 14979]]



                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 5001. LAKES PROGRAM.

       Section 602(a) of the Water Resources Development Act of 
     1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is 
     amended--
       (1) in paragraph (18), by striking ``and'' at the end;
       (2) in paragraph (19), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(20) Kinkaid Lake, Jackson County, Illinois, removal of 
     silt and aquatic growth and measures to address excessive 
     sedimentation;
       ``(21) Lake Sakakawea, North Dakota, removal of silt and 
     aquatic growth and measures to address excessive 
     sedimentation;
       ``(22) Lake Morley, Vermont, removal of silt and aquatic 
     growth and measures to address excessive sedimentation;
       ``(23) Lake Fairlee, Vermont, removal of silt and aquatic 
     growth and measures to address excessive sedimentation; and
       ``(24) Lake Rodgers, Creedmoor, North Carolina, removal of 
     silt and excessive nutrients and restoration of structural 
     integrity.''.

     SEC. 5002. ESTUARY RESTORATION.

       (a) Purposes.--Section 102 of the Estuary Restoration Act 
     of 2000 (33 U.S.C. 2901) is amended--
       (1) in paragraph (1), by inserting before the semicolon the 
     following: ``by implementing a coordinated Federal approach 
     to estuary habitat restoration activities, including the use 
     of common monitoring standards and a common system for 
     tracking restoration acreage'';
       (2) in paragraph (2), by inserting ``and implement'' after 
     ``to develop''; and
       (3) in paragraph (3), by inserting ``through cooperative 
     agreements'' after ``restoration projects''.
       (b) Definition of Estuary Habitat Restoration Plan.--
     Section 103(6)(A) of the Estuary Restoration Act of 2000 (33 
     U.S.C. 2902(6)(A)) is amended by striking ``Federal or 
     State'' and inserting ``Federal, State, or regional''.
       (c) Estuary Habitat Restoration Program.--Section 104 of 
     the Estuary Restoration Act of 2000 (33 U.S.C. 2903) is 
     amended--
       (1) in subsection (a), by inserting ``through the award of 
     contracts and cooperative agreements'' after ``assistance'';
       (2) in subsection (c)--
       (A) in paragraph (3)(A), by inserting ``or State'' after 
     ``Federal''; and
       (B) in paragraph (4)(B), by inserting ``or approach'' after 
     ``technology'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``Except'' and inserting the following:
       ``(i) In general.--Except''; and
       (ii) by adding at the end the following:
       ``(ii) Monitoring.--

       ``(I) Costs.--The costs of monitoring an estuary habitat 
     restoration project funded under this title may be included 
     in the total cost of the estuary habitat restoration project.
       ``(II) Goals.--The goals of the monitoring are--

       ``(aa) to measure the effectiveness of the restoration 
     project; and
       ``(bb) to allow adaptive management to ensure project 
     success.'';
       (B) in paragraph (2), by inserting ``or approach'' after 
     ``technology''; and
       (C) in paragraph (3), by inserting ``(including 
     monitoring)'' after ``services'';
       (4) in subsection (f)(1)(B), by inserting ``long-term'' 
     before ``maintenance''; and
       (5) in subsection (g)--
       (A) by striking ``In carrying'' and inserting the 
     following:
       ``(1) In general.--In carrying''; and
       (B) by adding at the end the following:
       ``(2) Small projects.--
       ``(A) Definition.--Small projects carried out under this 
     Act shall have a Federal share of less than $1,000,000.
       ``(B) Delegation of project implementation.--In carrying 
     out this section, the Secretary, on recommendation of the 
     Council, shall consider delegating implementation of the 
     small project to--
       ``(i) the Secretary of the Interior (acting through the 
     Director of the United States Fish and Wildlife Service);
       ``(ii) the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce;
       ``(iii) the Administrator of the Environmental Protection 
     Agency; or
       ``(iv) the Secretary of Agriculture.
       ``(C) Funding.--Small projects delegated to another Federal 
     department or agency may be funded from the responsible 
     department or appropriations of the agency authorized by 
     section 109(a)(1).
       ``(D) Agreements.--The Federal department or agency to 
     which a small project is delegated shall enter into an 
     agreement with the non-Federal interest generally in 
     conformance with the criteria in subsections (d) and (e). 
     Cooperative agreements may be used for any delegated 
     project.''.
       (d) Establishment of Estuary Habitat Restoration Council.--
     Section 105(b) of the Estuary Restoration Act of 2000 (33 
     U.S.C. 2904(b)) is amended--
       (1) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) cooperating in the implementation of the strategy 
     developed under section 106;
       ``(7) recommending standards for monitoring for restoration 
     projects and contribution of project information to the 
     database developed under section 107; and
       ``(8) otherwise using the respective agency authorities of 
     the Council members to carry out this title.''.
       (e) Monitoring of Estuary Habitat Restoration Projects.--
     Section 107(d) of the Estuary Restoration Act of 2000 (33 
     U.S.C. 2906(d)) is amended by striking ``compile'' and 
     inserting ``have general data compilation, coordination, and 
     analysis responsibilities to carry out this title and in 
     support of the strategy developed under this section, 
     including compilation of''.
       (f) Reporting.--Section 108(a) of the Estuary Restoration 
     Act of 2000 (33 U.S.C. 2907(a)) is amended by striking 
     ``third and fifth'' and inserting ``sixth, eighth, and 
     tenth''.
       (g) Funding.--Section 109(a) of the Estuary Restoration Act 
     of 2000 (33 U.S.C. 2908(a)) is amended--
       (1) in paragraph (1), by striking subparagraphs (A) through 
     (D) and inserting the following:
       ``(A) to the Secretary, $25,000,000 for each of fiscal 
     years 2006 through 2010;
       ``(B) to the Secretary of the Interior (acting through the 
     Director of the United States Fish and Wildlife Service), 
     $2,500,000 for each of fiscal years 2006 through 2010;
       ``(C) to the Under Secretary for Oceans and Atmosphere of 
     the Department of Commerce, $2,500,000 for each of fiscal 
     years 2006 through 2010;
       ``(D) to the Administrator of the Environmental Protection 
     Agency, $2,500,000 for each of fiscal years 2006 through 
     2010; and
       ``(E) to the Secretary of Agriculture, $2,500,000 for each 
     of fiscal years 2006 through 2010.''; and
       (2) in the first sentence of paragraph (2)--
       (A) by inserting ``and other information compiled under 
     section 107'' after ``this title''; and
       (B) by striking ``2005'' and inserting ``2010''.
       (h) General Provisions.--Section 110 of the Estuary 
     Restoration Act of 2000 (33 U.S.C. 2909) is amended--
       (1) in subsection (b)(1)--
       (A) by inserting ``or contracts'' after ``agreements''; and
       (B) by inserting ``, nongovernmental organizations,'' after 
     ``agencies''; and
       (2) by striking subsections (d) and (e).

     SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND 
                   MARYLAND.

       (a) Assistance.--The Secretary may provide technical 
     assistance to the Secretary of Agriculture for use in 
     carrying out the Conservation Corridor Demonstration Program 
     established under subtitle G of title II of the Farm Security 
     and Rural Investment Act of 2002 (16 U.S.C. 3801 note; 116 
     Stat. 275).
       (b) Coordination and Integration.--In carrying out water 
     resources projects in the States on the Delmarva Peninsula, 
     the Secretary shall coordinate and integrate those projects, 
     to the maximum extent practicable, with any activities 
     carried out to implement a conservation corridor plan 
     approved by the Secretary of Agriculture under section 2602 
     of the Farm Security and Rural Investment Act of 2002 (16 
     U.S.C. 3801 note; 116 Stat. 275).

     SEC. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, 
                   DELAWARE, MARYLAND, PENNSYLVANIA, AND VIRGINIA.

       (a) Ex Officio Member.--Notwithstanding section 3001(a) of 
     the 1997 Emergency Supplemental Appropriations Act for 
     Recovery From Natural Disasters, and for Overseas 
     Peacekeeping Efforts, Including Those in Bosnia (111 Stat. 
     176) and sections 2.2 of the Susquehanna River Basin Compact 
     (Public Law 91-575) and the Delaware River Basin Compact 
     (Public Law 87-328), beginning in fiscal year 2002, and each 
     fiscal year thereafter, the Division Engineer, North Atlantic 
     Division, Corps of Engineers--
       (1) shall be the ex officio United States member under the 
     Susquehanna River Basin Compact, the Delaware River Basin 
     Compact, and the Potomac River Basin Compact;
       (2) shall serve without additional compensation; and
       (3) may designate an alternate member in accordance with 
     the terms of those compacts.
       (b) Authorization To Allocate.--The Secretary shall 
     allocate funds to the Susquehanna River Basin Commission, 
     Delaware River Basin Commission, and the Interstate 
     Commission on the Potomac River Basin (Potomac River Basin 
     Compact (Public Law 91-407)) to fulfill the equitable funding 
     requirements of the respective interstate compacts.
       (c) Water Supply and Conservation Storage, Delaware River 
     Basin.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the Delaware River Basin Commission to provide 
     temporary water supply and conservation storage at the 
     Francis E. Walter Dam, Pennsylvania, for any period during 
     which the Commission has determined that a drought warning or 
     drought emergency exists.
       (2) Limitation.--The agreement shall provide that the cost 
     for water supply and conservation storage under paragraph (1) 
     shall not exceed the incremental operating costs associated 
     with providing the storage.
       (d) Water Supply and Conservation Storage, Susquehanna 
     River Basin.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the Susquehanna River Basin Commission to 
     provide temporary water supply and conservation storage at 
     Federal facilities operated by the Corps of Engineers in the 
     Susquehanna River Basin, during any period in which the 
     Commission has determined that a drought warning or drought 
     emergency exists.

[[Page 14980]]

       (2) Limitation.--The agreement shall provide that the cost 
     for water supply and conservation storage under paragraph (1) 
     shall not exceed the incremental operating costs associated 
     with providing the storage.
       (e) Water Supply and Conservation Storage, Potomac River 
     Basin.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the Potomac River Basin Commission to provide 
     temporary water supply and conservation storage at Federal 
     facilities operated by the Corps of Engineers in the Potomac 
     River Basin for any period during which the Commission has 
     determined that a drought warning or drought emergency 
     exists.
       (2) Limitation.--The agreement shall provide that the cost 
     for water supply and conservation storage under paragraph (1) 
     shall not exceed the incremental operating costs associated 
     with providing the storage.

     SEC. 5005. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND 
                   MARYLAND.

       (a) Comprehensive Action Plan.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary, in 
     coordination with the Mayor of the District of Columbia, the 
     Governor of Maryland, the county executives of Montgomery 
     County and Prince George's County, Maryland, and other 
     stakeholders, shall develop and make available to the public 
     a 10-year comprehensive action plan to provide for the 
     restoration and protection of the ecological integrity of the 
     Anacostia River and its tributaries.
       (b) Public Availability.--On completion of the 
     comprehensive action plan under subsection (a), the Secretary 
     shall make the plan available to the public.

     SEC. 5006. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS 
                   PROJECT, ILLINOIS.

       (a) Treatment as Single Project.--The Chicago Sanitary and 
     Ship Canal Dispersal Barrier Project (Barrier I) (as in 
     existence on the date of enactment of this Act), constructed 
     as a demonstration project under section 1202(i)(3) of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4722(i)(3)), and Barrier II, as authorized by 
     section 345 of the District of Columbia Appropriations Act, 
     2005 (Public Law 108-335; 118 Stat. 1352), shall be 
     considered to constitute a single project.
       (b) Authorization.--
       (1) In general.--The Secretary, acting through the Chief of 
     Engineers, is authorized and directed, at full Federal 
     expense--
       (A) to upgrade and make permanent Barrier I;
       (B) to construct Barrier II, notwithstanding the project 
     cooperation agreement with the State of Illinois dated June 
     14, 2005;
       (C) to operate and maintain Barrier I and Barrier II as a 
     system to optimize effectiveness;
       (D) to conduct, in consultation with appropriate Federal, 
     State, local, and nongovernmental entities, a study of a full 
     range of options and technologies for reducing impacts of 
     hazards that may reduce the efficacy of the Barriers; and
       (E) to provide to each State a credit in an amount equal to 
     the amount of funds contributed by the State toward Barrier 
     II.
       (2) Use of credit.--A State may apply a credit received 
     under paragraph (1)(E) to any cost sharing responsibility for 
     an existing or future Federal project with the Corps of 
     Engineers in the State.
       (c) Conforming Amendments.--
       (1) Nonindigenous aquatic nuisance prevention and 
     control.--Section 1202(i)(3)(C) of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4722(i)(3)(C)), is amended by striking ``, to carry out this 
     paragraph, $750,000'' and inserting ``such sums as are 
     necessary to carry out the dispersal barrier demonstration 
     project under this paragraph''.
       (2) Barrier ii authorization.--Section 345 of the District 
     of Columbia Appropriations Act, 2005 (Public Law 108-335; 118 
     Stat. 1352), is amended to read as follows:

     ``SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL 
                   BARRIER, ILLINOIS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out the Barrier II project of the project 
     for the Chicago Sanitary and Ship Canal Dispersal Barrier, 
     Illinois, initiated pursuant to section 1135 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2294 note; 100 
     Stat. 4251).''.

     SEC. 5007. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, 
                   COLORADO, NEW MEXICO, AND TEXAS.

       (a) Short Title.--This section may be cited as the ``Rio 
     Grande Environmental Management Act of 2006''.
       (b) Definitions.--In this section:
       (1) Rio grande compact.--The term ``Rio Grande Compact'' 
     means the compact approved by Congress under the Act of May 
     31, 1939 (53 Stat. 785, chapter 155), and ratified by the 
     States.
       (2) Rio grande basin.--The term ``Rio Grande Basin'' means 
     the Rio Grande (including all tributaries and their 
     headwaters) located--
       (A) in the State of Colorado, from the Rio Grande 
     Reservoir, near Creede, Colorado, to the New Mexico State 
     border;
       (B) in the State of New Mexico, from the Colorado State 
     border downstream to the Texas State border; and
       (C) in the State of Texas, from the New Mexico State border 
     to the southern terminus of the Rio Grande at the Gulf of 
     Mexico.
       (3) States.--The term ``States'' means the States of 
     Colorado, New Mexico, and Texas.
       (c) Program Authority.--
       (1) In general.--The Secretary shall carry out, in the Rio 
     Grande Basin--
       (A) a program for the planning, construction, and 
     evaluation of measures for fish and wildlife habitat 
     rehabilitation and enhancement; and
       (B) implementation of a long-term monitoring, computerized 
     data inventory and analysis, applied research, and adaptive 
     management program.
       (2) Reports.--Not later than December 31, 2008, and not 
     later than December 31 of every sixth year thereafter, the 
     Secretary, in consultation with the Secretary of the Interior 
     and the States, shall submit to Congress a report that--
       (A) contains an evaluation of the programs described in 
     paragraph (1);
       (B) describes the accomplishments of each program;
       (C) provides updates of a systemic habitat needs 
     assessment; and
       (D) identifies any needed adjustments in the authorization 
     of the programs.
       (d) State and Local Consultation and Cooperative Effort.--
     For the purpose of ensuring the coordinated planning and 
     implementation of the programs described in subsection (c), 
     the Secretary shall--
       (1) consult with the States and other appropriate entities 
     in the States the rights and interests of which might be 
     affected by specific program activities; and
       (2) enter into an interagency agreement with the Secretary 
     of the Interior to provide for the direct participation of, 
     and transfer of funds to, the United States Fish and Wildlife 
     Service and any other agency or bureau of the Department of 
     the Interior for the planning, design, implementation, and 
     evaluation of those programs.
       (e) Cost Sharing.--
       (1) In general.--The non-Federal share of the cost of a 
     project carried out under subsection (c)(1)(A)--
       (A) shall be 35 percent;
       (B) may be provided through in-kind services or direct cash 
     contributions; and
       (C) shall include provision of necessary land, easements, 
     relocations, and disposal sites.
       (2) Operation and maintenance.--The costs of operation and 
     maintenance of a project located on Federal land, or land 
     owned or operated by a State or local government, shall be 
     borne by the Federal, State, or local agency that has 
     jurisdiction over fish and wildlife activities on the land.
       (f) Nonprofit Entities.--Notwithstanding section 221 of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the 
     consent of the affected local government, a nonprofit entity 
     may be included as a non-Federal interest for any project 
     carried out under subsection (c)(1)(A).
       (g) Effect on Other Law.--
       (1) Water law.--Nothing in this section preempts any State 
     water law.
       (2) Compacts and decrees.--In carrying out this section, 
     the Secretary shall comply with the Rio Grande Compact, and 
     any applicable court decrees or Federal and State laws, 
     affecting water or water rights in the Rio Grande Basin.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $25,000,000 for fiscal year 2006 and each subsequent fiscal 
     year.

     SEC. 5008. MISSOURI RIVER AND TRIBUTARIES, MITIGATION, 
                   RECOVERY AND RESTORATION, IOWA, KANSAS, 
                   MISSOURI, MONTANA, NEBRASKA, NORTH DAKOTA, 
                   SOUTH DAKOTA, AND WYOMING.

       (a) Study.--The Secretary, in consultation with the 
     Missouri River Recovery and Implementation Committee 
     established by subsection (b)(1), shall conduct a study of 
     the Missouri River and its tributaries to determine actions 
     required--
       (1) to mitigate losses of aquatic and terrestrial habitat;
       (2) to recover federally listed species under the 
     Endangered Species Act (16 U.S.C. 1531 et seq.); and
       (3) to restore the ecosystem to prevent further declines 
     among other native species.
       (b) Missouri River Recovery Implementation Committee.--
       (1) Establishment.--Not later than June 31, 2006, the 
     Secretary shall establish a committee to be known as the 
     ``Missouri River Recovery Implementation Committee'' 
     (referred to in this section as the ``Committee'').
       (2) Membership.--The Committee shall include 
     representatives from--
       (A) Federal agencies;
       (B) States located near the Missouri River Basin; and
       (C) other appropriate entities, as determined by the 
     Secretary, including--
       (i) water management and fish and wildlife agencies;
       (ii) Indian tribes located near the Missouri River Basin; 
     and
       (iii) nongovernmental stakeholders.
       (3) Duties.--The Commission shall--
       (A) with respect to the study under subsection (a), provide 
     guidance to the Secretary and any other affected Federal 
     agency, State agency, or Indian tribe;
       (B) provide guidance to the Secretary with respect to the 
     Missouri River recovery and mitigation program in existence 
     on the date of enactment of this Act, including 
     recommendations relating to--
       (i) changes to the implementation strategy from the use of 
     adaptive management; and
       (ii) the coordination of the development of consistent 
     policies, strategies, plans, programs, projects, activities, 
     and priorities for the program;
       (C) exchange information regarding programs, projects, and 
     activities of the agencies and entities represented on the 
     Committee to promote the goals of the Missouri River recovery 
     and mitigation program;

[[Page 14981]]

       (D) establish such working groups as the Committee 
     determines to be necessary to assist in carrying out the 
     duties of the Committee, including duties relating to public 
     policy and scientific issues;
       (E) facilitate the resolution of interagency and 
     intergovernmental conflicts between entities represented on 
     the Committee associated with the Missouri River recovery and 
     mitigation program;
       (F) coordinate scientific and other research associated 
     with the Missouri River recovery and mitigation program; and
       (G) annually prepare a work plan and associated budget 
     requests.
       (4) Compensation; travel expenses.--
       (A) Compensation.--Members of the Committee shall not 
     receive compensation from the Secretary in carrying out the 
     duties of the Committee under this section.
       (B) Travel expenses.--Travel expenses incurred by a member 
     of the Committee in carrying out the duties of the Committee 
     under this section shall be paid by the agency, Indian tribe, 
     or unit of government represented by the member.
       (c) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Committee.

     SEC. 5009. LOWER PLATTE RIVER WATERSHED RESTORATION, 
                   NEBRASKA.

       (a) In General.--The Secretary, acting through the Chief of 
     Engineers, may cooperate with and provide assistance to the 
     Lower Platte River natural resources districts in the State 
     of Nebraska to serve as local sponsors with respect to--
       (1) conducting comprehensive watershed planning in the 
     natural resource districts;
       (2) assessing water resources in the natural resource 
     districts; and
       (3) providing project feasibility planning, design, and 
     construction assistance for water resource and watershed 
     management in the natural resource districts, including 
     projects for environmental restoration and flood damage 
     reduction.
       (b) Funding.--
       (1) Federal share.--The Federal share of the cost of 
     carrying out an activity described in subsection (a) shall be 
     65 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     of carrying out an activity described in subsection (a)--
       (A) shall be 35 percent; and
       (B) may be provided in cash or in-kind.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $12,000,000.

     SEC. 5010. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX 
                   TRIBE, AND TERRESTRIAL WILDLIFE HABITAT 
                   RESTORATION, SOUTH DAKOTA.

       (a) Disbursement Provisions of the State of South Dakota 
     and the Cheyenne River Sioux Tribe and the Lower Brule Sioux 
     Tribe Terrestrial Wildlife Habitat Restoration Trust Funds.--
     Section 602(a)(4) of the Water Resources Development Act of 
     1999 (113 Stat. 386) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by inserting ``and the Secretary of the 
     Treasury'' after ``Secretary''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the State of South Dakota funds from 
     the State of South Dakota Terrestrial Wildlife Habitat 
     Restoration Trust Fund established under section 603, to be 
     used to carry out the plan for terrestrial wildlife habitat 
     restoration submitted by the State of South Dakota after the 
     State certifies to the Secretary of the Treasury that the 
     funds to be disbursed will be used in accordance with section 
     603(d)(3) and only after the Trust Fund is fully 
     capitalized.''; and
       (2) in subparagraph (B), by striking clause (ii) and 
     inserting the following:
       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe funds from the Cheyenne River 
     Sioux Terrestrial Wildlife Habitat Restoration Trust Fund and 
     the Lower Brule Sioux Terrestrial Wildlife Habitat 
     Restoration Trust Fund, respectively, established under 
     section 604, to be used to carry out the plans for 
     terrestrial wildlife habitat restoration submitted by the 
     Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, 
     respectively, after the respective tribe certifies to the 
     Secretary of the Treasury that the funds to be disbursed will 
     be used in accordance with section 604(d)(3) and only after 
     the Trust Fund is fully capitalized.''.
       (b) Investment Provisions of the State of South Dakota 
     Terrestrial Wildlife Restoration Trust Fund.--Section 603 of 
     the Water Resources Development Act of 1999 (113 Stat. 388) 
     is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Fund.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest the Fund in accordance with all of the requirements of 
     this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited in the Fund 
     under subsection (b) shall be credited to an account within 
     the Fund (referred to in this paragraph as the `principal 
     account') and invested as provided in subparagraph (C).
       ``(ii) Interest account.--The interest earned from 
     investing amounts in the principal account of the Fund shall 
     be transferred to a separate account within the Fund 
     (referred to in this paragraph as the `interest account') and 
     invested as provided in subparagraph (D).
       ``(iii) Crediting.--The interest earned from investing 
     amounts in the interest account of the Fund shall be credited 
     to the interest account.
       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Each amount deposited in the 
     principal account of the Fund shall be invested initially in 
     eligible obligations having the shortest maturity then 
     available until the date on which the amount is divided into 
     3 substantially equal portions and those portions are 
     invested in eligible obligations that are identical (except 
     for transferability) to the next-issued publicly issued 
     Treasury obligations having a 2-year maturity, a 5-year 
     maturity, and a 10-year maturity, respectively.
       ``(ii) Subsequent investment.--As each 2-year, 5-year, and 
     10-year eligible obligation matures, the principal of the 
     maturing eligible obligation shall also be invested initially 
     in the shortest-maturity eligible obligation then available 
     until the principal is reinvested substantially equally in 
     the eligible obligations that are identical (except for 
     transferability) to the next-issued publicly issued Treasury 
     obligations having 2-year, 5-year, and 10-year maturities.
       ``(iii) Discontinuance of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the maximum extent practicable, with the date on 
     which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the State of South Dakota the 
     results of the investment activities and financial status of 
     the Fund during the preceding 12-month period.
       ``(4) Audits.--
       ``(A) In general.--The activities of the State of South 
     Dakota (referred to in this subsection as the `State') in 
     carrying out the plan of the State for terrestrial wildlife 
     habitat restoration under section 602(a) shall be audited as 
     part of the annual audit that the State is required to 
     prepare under the Office of Management and Budget Circular A-
     133 (or a successor circulation).
       ``(B) Determination by auditors.--An auditor that conducts 
     an audit under subparagraph (A) shall--
       ``(i) determine whether funds received by the State under 
     this section during the period covered by the audit were used 
     to carry out the plan of the State in accordance with this 
     section; and
       ``(ii) include the determination under clause (i) in the 
     written findings of the audit.
       ``(5) Modification of investment requirements.--
       ``(A) In general.--If the Secretary of the Treasury 
     determines that meeting the requirements under paragraph (2) 
     with respect to the investment of a Fund is not practicable, 
     or would result in adverse consequences for the Fund, the 
     Secretary shall modify the requirements, as the Secretary 
     determines to be necessary.
       ``(B) Consultation.--Before modifying a requirement under 
     subparagraph (A), the Secretary of the Treasury shall consult 
     with the State regarding the proposed modification.'';
       (2) in subsection (d)(2), by inserting ``of the Treasury'' 
     after Secretary''; and
       (3) by striking subsection (f) and inserting the following:

[[Page 14982]]

       ``(f) Administrative Expenses.--There are authorized to be 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, to the Secretary of the Treasury, to pay 
     expenses associated with investing the Fund and auditing the 
     uses of amounts withdrawn from the Fund--
       ``(1) up to $500,000 for each of fiscal years 2006 and 
     2007; and
       ``(2) such sums as are necessary for each subsequent fiscal 
     year.''.
       (c) Investment Provisions for the Cheyenne River Sioux 
     Tribe and Lower Brule Sioux Tribe Trust Funds.--Section 604 
     of the Water Resources Development Act of 1999 (113 Stat. 
     389) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Funds.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest each of the Funds in accordance with all of the 
     requirements of this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited in each 
     Fund under subsection (b) shall be credited to an account 
     within the Fund (referred to in this paragraph as the 
     `principal account') and invested as provided in subparagraph 
     (C).
       ``(ii) Interest account.--The interest earned from 
     investing amounts in the principal account of each Fund shall 
     be transferred to a separate account within the Fund 
     (referred to in this paragraph as the `interest account') and 
     invested as provided in subparagraph (D).
       ``(iii) Crediting.--The interest earned from investing 
     amounts in the interest account of each Fund shall be 
     credited to the interest account.
       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Each amount deposited in the 
     principal account of each Fund shall be invested initially in 
     eligible obligations having the shortest maturity then 
     available until the date on which the amount is divided into 
     3 substantially equal portions and those portions are 
     invested in eligible obligations that are identical (except 
     for transferability) to the next-issued publicly issued 
     Treasury obligations having a 2-year maturity, a 5-year 
     maturity, and a 10-year maturity, respectively.
       ``(ii) Subsequent investment.--As each 2-year, 5-year, and 
     10-year eligible obligation matures, the principal of the 
     maturing eligible obligation shall also be invested initially 
     in the shortest-maturity eligible obligation then available 
     until the principal is reinvested substantially equally in 
     the eligible obligations that are identical (except for 
     transferability) to the next-issued publicly issued Treasury 
     obligations having 2-year, 5-year, and 10-year maturities.
       ``(iii) Discontinuation of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of the interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the maximum extent practicable, with the date on 
     which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe (referred to in this subsection 
     as the `Tribes') the results of the investment activities and 
     financial status of the Funds during the preceding 12-month 
     period.
       ``(4) Audits.--
       ``(A) In general.--The activities of the Tribes in carrying 
     out the plans of the Tribes for terrestrial wildlife habitat 
     restoration under section 602(a) shall be audited as part of 
     the annual audit that the Tribes are required to prepare 
     under the Office of Management and Budget Circular A-133 (or 
     a successor circulation).
       ``(B) Determination by auditors.--An auditor that conducts 
     an audit under subparagraph (A) shall--
       ``(i) determine whether funds received by the Tribes under 
     this section during the period covered by the audit were used 
     to carry out the plan of the appropriate Tribe in accordance 
     with this section; and
       ``(ii) include the determination under clause (i) in the 
     written findings of the audit.
       ``(5) Modification of investment requirements.--
       ``(A) In general.--If the Secretary of the Treasury 
     determines that meeting the requirements under paragraph (2) 
     with respect to the investment of a Fund is not practicable, 
     or would result in adverse consequences for the Fund, the 
     Secretary shall modify the requirements, as the Secretary 
     determines to be necessary.
       ``(B) Consultation.--Before modifying a requirement under 
     subparagraph (A), the Secretary of the Treasury shall consult 
     with the Tribes regarding the proposed modification.''; and
       (2) by striking subsection (f) and inserting the following:
       ``(f) Administrative Expenses.--There are authorized to be 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, to the Secretary of the Treasury to pay 
     expenses associated with investing the Funds and auditing the 
     uses of amounts withdrawn from the Funds--
       ``(1) up to $500,000 for each of fiscal years 2006 and 
     2007; and
       ``(2) such sums as are necessary for each subsequent fiscal 
     year.''.

     SEC. 5011. CONNECTICUT RIVER DAMS, VERMONT.

       (a) In General.--The Secretary shall evaluate, design, and 
     construct structural modifications at full Federal cost to 
     the Union Village Dam (Ompompanoosuc River), North Hartland 
     Dam (Ottauquechee River), North Springfield Dam (Black 
     River), Ball Mountain Dam (West River), and Townshend Dam 
     (West River), Vermont, to regulate flow and temperature to 
     mitigate downstream impacts on aquatic habitat and fisheries.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000.

                   TITLE VI--PROJECT DEAUTHORIZATIONS

     SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA.

       The project for flood damage reduction, Little Cove Creek, 
     Glencoe, Alabama, authorized by the Supplemental 
     Appropriations Act, 1985 (99 Stat. 312), is not authorized.

     SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.

       The project for flood control, Goleta and Vicinity, 
     California, authorized by section 201 of the Flood Control 
     Act of 1970 (84 Stat. 1826), is not authorized.

     SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.

       (a) In General.--The portion of the project for navigation, 
     Bridgeport Harbor, Connecticut, authorized by the Act of July 
     3, 1930 (46 Stat. 919), consisting of an 18-foot channel in 
     Yellow Mill River and described in subsection (b), is not 
     authorized.
       (b) Description of Project.--The project referred to in 
     subsection (a) is described as beginning at a point along the 
     eastern limit of the existing project, N. 123,649.75, E. 
     481,920.54, thence running northwesterly about 52.64 feet to 
     a point N. 123,683.03, E. 481,879.75, thence running 
     northeasterly about 1,442.21 feet to a point N. 125,030.08, 
     E. 482,394.96, thence running northeasterly about 139.52 feet 
     to a point along the east limit of the existing channel, N. 
     125,133.87, E. 482,488.19, thence running southwesterly about 
     1,588.98 feet to the point of origin.

     SEC. 6004. BRIDGEPORT, CONNECTICUT.

       The project for environmental infrastructure, Bridgeport, 
     Connecticut, authorized by section 219(f)(26) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     336), is not authorized.

     SEC. 6005. HARTFORD, CONNECTICUT.

       The project for environmental infrastructure, Hartford, 
     Connecticut, authorized by section 219(f)(27) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     336), is not authorized.

     SEC. 6006. NEW HAVEN, CONNECTICUT.

       The project for environmental infrastructure, New Haven, 
     Connecticut, authorized by section 219(f)(28) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     336), is not authorized.

     SEC. 6007. INLAND WATERWAY FROM DELAWARE RIVER TO CHESAPEAKE 
                   BAY, PART II, INSTALLATION OF FENDER PROTECTION 
                   FOR BRIDGES, DELAWARE AND MARYLAND.

       The project for the construction of bridge fenders for the 
     Summit and St. Georges Bridge for the Inland Waterway of the 
     Delaware River to the C & D Canal of the Chesapeake Bay, 
     authorized by the River and Harbor Act of 1954 (68 Stat. 
     1249), is not authorized.

     SEC. 6008. SHINGLE CREEK BASIN, FLORIDA.

       The project for flood control, Central and Southern Florida 
     Project, Shingle Creek Basin, Florida, authorized by section 
     203 of the Flood Control Act of 1962 (76 Stat. 1182), is not 
     authorized.

     SEC. 6009. BREVOORT, INDIANA.

       The project for flood control, Brevoort, Indiana, 
     authorized by section 5 of the Flood Control Act of 1936 (49 
     Stat. 1587), is not authorized.

[[Page 14983]]



     SEC. 6010. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.

       The project for flood control, Middle Wabash, Greenfield 
     Bayou, Indiana, authorized by section 10 of the Flood Control 
     Act of 1946 (60 Stat. 649), is not authorized.

     SEC. 6011. LAKE GEORGE, HOBART, INDIANA.

       The project for flood damage reduction, Lake George, 
     Hobart, Indiana, authorized by section 602 of the Water 
     Resources Development Act of 1986 (100 Stat. 4148), is not 
     authorized.

     SEC. 6012. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 2, IOWA.

       The project for flood damage reduction, Green Bay Levee and 
     Drainage District No. 2, Iowa, authorized by section 401(a) 
     of the Water Resources Development Act of 1986 (100 Stat. 
     4115), deauthorized in fiscal year 1991, and reauthorized by 
     section 115(a)(1) of the Water Resources Development Act of 
     1992 (106 Stat. 4821), is not authorized.

     SEC. 6013. MUSCATINE HARBOR, IOWA.

       The project for navigation at the Muscatine Harbor on the 
     Mississippi River at Muscatine, Iowa, authorized by section 
     101 of the River and Harbor Act of 1950 (64 Stat. 166), is 
     not authorized.

     SEC. 6014. BIG SOUTH FORK NATIONAL RIVER AND RECREATIONAL 
                   AREA, KENTUCKY AND TENNESSEE.

       The project for recreation facilities at Big South Fork 
     National River and Recreational Area, Kentucky and Tennessee, 
     authorized by section 108 of the Water Resources Development 
     Act of 1974 (88 Stat. 43), is not authorized.

     SEC. 6015. EAGLE CREEK LAKE, KENTUCKY.

       The project for flood control and water supply, Eagle Creek 
     Lake, Kentucky, authorized by section 203 of the Flood 
     Control Act of 1962 (76 Stat. 1188), is not authorized.

     SEC. 6016. HAZARD, KENTUCKY.

       The project for flood damage reduction, Hazard, Kentucky, 
     authorized by section 3 of the Water Resources Development 
     Act of 1988 (102 Stat. 4014) and section 108 of the Water 
     Resources Development Act of 1990 (104 Stat. 4621), is not 
     authorized.

     SEC. 6017. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

       The project for flood control, West Kentucky Tributaries, 
     Kentucky, authorized by section 204 of the Flood Control Act 
     of 1965 (79 Stat. 1081), section 201 of the Flood Control Act 
     of 1970 (84 Stat. 1825), and section 401(b) of the Water 
     Resources Development Act of 1986 (100 Stat. 4129), is not 
     authorized.

     SEC. 6018. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.

       The project for flood damage reduction, Bayou Cocodrie and 
     Tributaries, Louisiana, authorized by section 3 of the of the 
     Act of August 18, 1941 (55 Stat. 644, chapter 377), and 
     section 1(a) of the Water Resources Development Act of 1974 
     (88 Stat. 12), is not authorized.

     SEC. 6019. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.

       The uncompleted portions of the project for navigation 
     improvement for Bayou LaFourche and LaFourche Jump, 
     Louisiana, authorized by the Act of August 30, 1935 (49 Stat. 
     1033, chapter 831), and the River and Harbor Act of 1960 (74 
     Stat. 481), are not authorized.

     SEC. 6020. EASTERN RAPIDES AND SOUTH-CENTRAL AVOYELLES 
                   PARISHES, LOUISIANA.

       The project for flood control, Eastern Rapides and South-
     Central Avoyelles Parishes, Louisiana, authorized by section 
     201 of the Flood Control Act of 1970 (84 Stat. 1825), is not 
     authorized.

     SEC. 6021. FORT LIVINGSTON, GRAND TERRE ISLAND, LOUISIANA.

       The project for erosion protection and recreation, Fort 
     Livingston, Grande Terre Island, Louisiana, authorized by the 
     Act of August 13, 1946 (commonly known as the ``Flood Control 
     Act of 1946'') (33 U.S.C. 426e et seq.), is not authorized.

     SEC. 6022. GULF INTERCOASTAL WATERWAY, LAKE BORGNE AND CHEF 
                   MENTEUR, LOUISIANA.

       The project for the construction of bulkheads and jetties 
     at Lake Borgne and Chef Menteur, Louisiana, as part of the 
     Gulf Intercoastal Waterway authorized by the first section of 
     the River and Harbor Act of 1946 (60 Stat. 635), is not 
     authorized.

     SEC. 6023. RED RIVER WATERWAY, SHREVEPORT, LOUISIANA TO 
                   DAINGERFIELD, TEXAS.

       The project for the Red River Waterway, Shreveport, 
     Louisiana to Daingerfield, Texas, authorized by section 101 
     of the River and Harbor Act of 1968 (82 Stat. 731), is not 
     authorized.

     SEC. 6024. CASCO BAY, PORTLAND, MAINE.

       The project for environmental infrastructure, Casco Bay in 
     the Vicinity of Portland, Maine, authorized by section 307 of 
     the Water Resources Development Act of 1992 (106 Stat. 4841), 
     is not authorized.

     SEC. 6025. NORTHEAST HARBOR, MAINE.

       The project for navigation, Northeast Harbor, Maine, 
     authorized by section 2 of the Act of March 2, 1945 (59 Stat. 
     12, chapter 19), is not authorized.

     SEC. 6026. PENOBSCOT RIVER, BANGOR, MAINE.

       The project for environmental infrastructure, Penobscot 
     River in the Vicinity of Bangor, Maine, authorized by section 
     307 of the Water Resources Development Act of 1992 (106 Stat. 
     4841), is not authorized.

     SEC. 6027. SAINT JOHN RIVER BASIN, MAINE.

       The project for research and demonstration program of 
     cropland irrigation and soil conservation techniques, Saint 
     John River Basin, Maine, authorized by section 1108 of the 
     Water Resources Development Act of 1986 (106 Stat. 4230), is 
     not authorized.

     SEC. 6028. TENANTS HARBOR, MAINE.

       The project for navigation, Tenants Harbor, Maine, 
     authorized by the first section of the Act of March 2, 1919 
     (40 Stat. 1275, chapter 95), is not authorized.

     SEC. 6029. GRAND HAVEN HARBOR, MICHIGAN.

       The project for navigation, Grand Haven Harbor, Michigan, 
     authorized by section 202(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4093), is not authorized.

     SEC. 6030. GREENVILLE HARBOR, MISSISSIPPI.

       The project for navigation, Greenville Harbor, Mississippi, 
     authorized by section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4142), is not authorized.

     SEC. 6031. PLATTE RIVER FLOOD AND RELATED STREAMBANK EROSION 
                   CONTROL, NEBRASKA.

       The project for flood damage reduction, Platte River Flood 
     and Related Streambank Erosion Control, Nebraska, authorized 
     by section 603 of the Water Resources Development Act of 1986 
     (100 Stat. 4149), is not authorized.

     SEC. 6032. EPPING, NEW HAMPSHIRE.

       The project for environmental infrastructure, Epping, New 
     Hampshire, authorized by section 219(c)(6) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835), is not 
     authorized.

     SEC. 6033. MANCHESTER, NEW HAMPSHIRE.

       The project for environmental infrastructure, Manchester, 
     New Hampshire, authorized by section 219(c)(7) of the Water 
     Resources Development Act of 1992 (106 Stat. 4836), is not 
     authorized.

     SEC. 6034. NEW YORK HARBOR AND ADJACENT CHANNELS, CLAREMONT 
                   TERMINAL, JERSEY CITY, NEW JERSEY.

       The project for navigation, New York Harbor and adjacent 
     channels, Claremont Terminal, Jersey City, New Jersey, 
     authorized by section 202(b) of the Water Resources 
     Development Act of 1986 (100 Stat. 4098), is not authorized.

     SEC. 6035. EISENHOWER AND SNELL LOCKS, NEW YORK.

       The project for navigation, Eisenhower and Snell Locks, New 
     York, authorized by section 1163 of the Water Resources 
     Development Act of 1986 (100 Stat. 4258), is not authorized.

     SEC. 6036. OLCOTT HARBOR, LAKE ONTARIO, NEW YORK.

       The project for navigation, Olcott Harbor, Lake Ontario, 
     New York, authorized by section 601(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4143), is not authorized.

     SEC. 6037. OUTER HARBOR, BUFFALO, NEW YORK.

       The project for navigation, Outer Harbor, Buffalo, New 
     York, authorized by section 110 of the Water Resources 
     Development Act of 1992 (106 Stat. 4817), is not authorized.

     SEC. 6038. SUGAR CREEK BASIN, NORTH CAROLINA AND SOUTH 
                   CAROLINA.

       The project for flood damage reduction, Sugar Creek Basin, 
     North Carolina and South Carolina, authorized by section 
     401(a) of the Water Resources Development Act of 1986 (100 
     Stat. 4121), is not authorized.

     SEC. 6039. CLEVELAND HARBOR 1958 ACT, OHIO.

       The project for navigation, Cleveland Harbor (uncompleted 
     portion), Ohio, authorized by section 101 of the River and 
     Harbor Act of 1958 (72 Stat. 299), is not authorized.

     SEC. 6040. CLEVELAND HARBOR 1960 ACT, OHIO.

       The project for navigation, Cleveland Harbor (uncompleted 
     portion), Ohio, authorized by section 101 of the River and 
     Harbor Act of 1960 (74 Stat. 482), is not authorized.

     SEC. 6041. CLEVELAND HARBOR, UNCOMPLETED PORTION OF CUT #4, 
                   OHIO.

       The project for navigation, Cleveland Harbor (uncompleted 
     portion of Cut #4), Ohio, authorized by the first section of 
     the Act of July 24, 1946 (60 Stat. 636, chapter 595), is not 
     authorized.

     SEC. 6042. COLUMBIA RIVER, SEAFARERS MEMORIAL, HAMMOND, 
                   OREGON.

       The project for the Columbia River, Seafarers Memorial, 
     Hammond, Oregon, authorized by title I of the Energy and 
     Water Development Appropriations Act, 1991 (104 Stat. 2078), 
     is not authorized.

     SEC. 6043. SCHUYLKILL RIVER, PENNSYLVANIA.

       The project for navigation, Schuylkill River (Mouth to 
     Penrose Avenue), Pennsylvania, authorized by section 3(a)(12) 
     of the Water Resources Development Act of 1988 (102 Stat. 
     4013), is not authorized.

     SEC. 6044. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

       The project for flood control and recreation, Tioga-Hammond 
     Lakes, Mill Creek Recreation, Pennsylvania, authorized by 
     section 203 of the Flood Control Act of 1958 (72 Stat. 313), 
     is not authorized.

     SEC. 6045. TAMAQUA, PENNSYLVANIA.

       The project for flood control, Tamaqua, Pennsylvania, 
     authorized by section 1(a) of the Water Resources Development 
     Act of 1974 (88 Stat. 14), is not authorized.

     SEC. 6046. NARRAGANSETT TOWN BEACH, NARRAGANSETT, RHODE 
                   ISLAND.

       The project for navigation, Narragansett Town Beach, 
     Narragansett, Rhode Island, authorized by section 361 of the 
     Water Resources Development Act of 1992 (106 Stat. 4861), is 
     not authorized.

     SEC. 6047. QUONSET POINT-DAVISVILLE, RHODE ISLAND.

       The project for bulkhead repairs, Quonset Point-Davisville, 
     Rhode Island, authorized by section 571 of the Water 
     Resources Development Act of 1996 (110 Stat. 3788), is not 
     authorized.

[[Page 14984]]



     SEC. 6048. ARROYO COLORADO, TEXAS.

       The project for flood damage reduction, Arroyo Colorado, 
     Texas, authorized by section 401(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4125), is not authorized.

     SEC. 6049. CYPRESS CREEK-STRUCTURAL, TEXAS.

       The project for flood damage reduction, Cypress Creek-
     Structural, Texas, authorized by section 3(a)(13) of the 
     Water Resources Development Act of 1988 (102 Stat. 4014), is 
     not authorized.

     SEC. 6050. EAST FORK CHANNEL IMPROVEMENT, INCREMENT 2, EAST 
                   FORK OF THE TRINITY RIVER, TEXAS.

       The project for flood damage reduction, East Fork Channel 
     Improvement, Increment 2, East Fork of the Trinity River, 
     Texas, authorized by section 203 of the Flood Control Act of 
     1962 (76 Stat. 1185), is not authorized.

     SEC. 6051. FALFURRIAS, TEXAS.

       The project for flood damage reduction, Falfurrias, Texas, 
     authorized by section 3(a)(14) of the Water Resources 
     Development Act of 1988 (102 Stat. 4014), is not authorized.

     SEC. 6052. PECAN BAYOU LAKE, TEXAS.

       The project for flood control, Pecan Bayou Lake, Texas, 
     authorized by section 203 of the Flood Control Act of 1968 
     (82 Stat. 742), is not authorized.

     SEC. 6053. LAKE OF THE PINES, TEXAS.

       The project for navigation improvements affecting Lake of 
     the Pines, Texas, for the portion of the Red River below 
     Fulton, Arkansas, authorized by the Act of July 13, 1892 (27 
     Stat. 88, chapter 158), as amended by the Act of July 24, 
     1946 (60 Stat. 635, chapter 595), the Act of May 17, 1950 (64 
     Stat. 163, chapter 188), and the River and Harbor Act of 1968 
     (82 Stat. 731), is not authorized.

     SEC. 6054. TENNESSEE COLONY LAKE, TEXAS.

       The project for navigation, Tennessee Colony Lake, Trinity 
     River, Texas, authorized by section 204 of the River and 
     Harbor Act of 1965 (79 Stat. 1091), is not authorized.

     SEC. 6055. CITY WATERWAY, TACOMA, WASHINGTON.

       The portion of the project for navigation, City Waterway, 
     Tacoma, Washington, authorized by the first section of the 
     Act of June 13, 1902 (32 Stat. 347), consisting of the last 
     1,000 linear feet of the inner portion of the Waterway 
     beginning at Station 70+00 and ending at Station 80+00, is 
     not authorized.

     SEC. 6056. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.

       The project for bank erosion, Kanawha River, Charleston, 
     West Virginia, authorized by section 603(f)(13) of the Water 
     Resources Development Act of 1986 (100 Stat. 4153), is not 
     authorized.

  Mr. BOND. I move to reconsider the vote.
  Mr. JEFFORDS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BOND. I thank all Senators for the passage of this very important 
bill. There has been tremendous bipartisan cooperation. I especially 
thank Senator Jeffords and Catharine Ransom, Jo-Ellen Darcy, and the 
great leadership of our chairman, Senator Inhofe. He did an outstanding 
job, with the great help of Angie Giancarlo, Ruth Van Mark and Stephen 
Aaron.
  On my staff I express a special thanks to a fellow, Letmon Lee, who 
has worked on this tirelessly for better than 2 years, Karla Klingner, 
on my staff, Brian Klippenstein, who worked so hard. I believe we have 
a product we can take to the House.
  It is long overdue that we pass the Water Resources Development Act. 
It was due to be passed in 2002. We have finally done it. My thanks to 
both sides.
  Mr. JEFFORDS. I commend the Senator for his statement. I concur with 
him wholeheartedly. Let's get on with it.
  Mr. BOND. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SPECTER. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                  UNANIMOUS CONSENT AGREEMENT--H.R. 9

  Mr. SPECTER. Mr. President, I ask unanimous consent that on Thursday 
at 9:30 a.m. the Senate proceed to Calendar No. 521, H.R. 9, the Voting 
Rights Act. I further ask there be 8 hours of debate equally divided 
between the two leaders or their designees with no amendments in order 
to the bill, and that following the use or yielding of time, the Senate 
proceed to a vote on passage without any intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            MORNING BUSINESS

  Mr. SPECTER. Mr. President, I further ask unanimous consent there now 
be a period of morning business with Senators permitted to speak for up 
to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. Mr. President, since we will be proceeding to the Voting 
Rights Act tomorrow morning at 9:30, I thought you would be interested 
to know, since you are on the Judiciary Committee, there will be no 
executive committee meeting because Senator Leahy and I cannot be in 
two places at the same time. There will be no executive meeting 
tomorrow at 9:30. We will try to have a meeting off the floor if we can 
to pass out the judges.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WYDEN. 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. WYDEN. Mr. President, I ask unanimous consent to speak in morning 
business for up to 20 minutes.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator is recognized for 20 minutes.


                             OIL ROYALTIES

  Mr. WYDEN. Mr. President, last week a group of Senators announced 
they had reached an agreement to open more offshore areas to oil 
drilling. For the first time, they would allow nearby States, under 
their proposal, to share in the oil royalties from drilling in Federal 
waters.
  I have come to the floor tonight to say that while I am very hopeful 
the Senate can come to agreement on a plan that provides significantly 
more relief to the areas that have been ravaged by Hurricane Katrina, I 
am also hopeful that the Senate will use this opportunity to finally 
address a current program, a current royalty relief program, that is 
out of control and is diverting billions of dollars away from the 
Federal Treasury.
  What the Senate is going to confront, apparently next week, is the 
prospect that while there is a royalty relief program now that needs to 
be fixed and has not been fixed, the Senate is going to start a new 
royalty relief program.
  Usually, the first thing you do is fix the program that is not 
working today before you start anything else. Apparently, some would 
not be supportive of that taking place. I am one who sees this 
otherwise.
  I also think if you can fix the current royalty relief program, where 
the Government Accountability Office says $20 billion to possibly $60 
billion is being wasted, you could use that money from the current 
program--that even the sponsor, our respected former colleague, Senator 
Bennett Johnston, says is out of control--you could use that money from 
the current program, that wastes so much money, and get some of that to 
these areas that have been ravaged by Katrina.
  There were two floods, in effect, that the Congress must now 
confront. First, we have to help rebuild the States of Louisiana, 
Mississippi, and Alabama that were destroyed by the storm surge of 
August 29 of last year. But the second flood that needs to be stemmed 
is the flood of billions of dollars of oil royalties that have gone 
into the pockets of the world's largest oil companies at a time when 
they have enjoyed extraordinary profits. They have enjoyed tremendous 
profits. We have seen extraordinary prices, and yet they continue to 
get these great subsidies.
  As I say, if we can clean up the current royalty program, which is so 
inefficient that even its sponsor thinks is out of control, we will 
have more money to help these flood-ravaged areas of the gulf that are 
the legitimate concern of all of my colleagues from those States.
  The existing oil royalty giveaways have grown over the years to 
become

[[Page 14985]]

the biggest oil subsidy of all and one of the largest boondoggles that 
wastes taxpayer money of any Federal program.
  The General Accountability Office estimates that at a minimum the 
Federal Government and the taxpayers are going to be out $20 billion in 
lost revenues. If the Government loses pending lawsuits, that amount 
could reach as high as $80 billion. This comes at a time when, 
according to the Congressional Research Service, the oil companies are 
enjoying record profits.
  It will be very difficult to explain to the American public how 
Congress can be proposing to allow additional billions of dollars of 
royalty money to be given away before it first puts a stop to what is 
already going out the door.
  Now, in opening this discussion tonight--I expect the Senate will 
look at this formally next week--I want to be very clear in saying that 
I understand the need of the gulf States to secure Federal funds to 
restore their coastlines and rebuild their communities. There is no 
question that Katrina and Rita flattened New Orleans and other 
communities up and down the gulf coast, and that there is a clear need 
for all Americans, including my constituents at home in Oregon, to be 
part of going to bat for our fellow Americans.
  But I do hope, fervently, that as the Senate looks to find additional 
resources for these gulf States, the Senate will not be given a false 
choice between either aiding the gulf States or standing up for the 
public interest in the face of the outrageous oil company windfalls now 
being paid for today. We can and should do both.
  Helping the victims of Katrina is not mutually exclusive from helping 
taxpayers. It is possible to do both. And as I have outlined, if you 
clean up the oil royalty giveaway that is on the books today, that is 
so inefficient, you can take those dollars and give some of them to 
folks in the gulf States that are suffering.
  Mr. President, my seatmate, Senator Landrieu, for whom I have the 
greatest respect, is from the great State of Louisiana, and she and 
other colleagues from the gulf States have come to the floor again and 
again and again to describe eloquently the devastation their States 
have faced from these hurricanes. Senator Landrieu has been a tireless 
advocate for her State. They have made a compelling case why Congress 
and the American people ought to provide real assistance to these 
communities.
  Like my colleagues, like Senators of both parties, I want to help the 
hurricane victims in the gulf rebuild. But I also do not want to 
continue wasting taxpayer money in unnecessary giveaways to oil 
companies that have been raking in gushers of cash in the past few 
years.
  As I indicated earlier when we talked about this subject at length on 
the floor of the Senate, the mistakes that were made in the current 
royalty relief program have been bipartisan. Certainly, the Clinton 
administration muffed the ball back in the 1990s when they did not step 
in and put a solid price threshold on this program. That caused a 
significant amount of money to be given away. But the mistakes made by 
the Clinton administration were compounded by Secretary Gale Norton in 
the Bush administration, and also by the Congress in the energy bill, 
which continued to sweeten the current royalty relief program.
  So citizens and taxpayers have a bit of history: The current oil 
royalty relief program, which is such a colossal waste of taxpayer 
money, began when oil was $19 a barrel, and has been continuing at a 
time when oil has been well over $70 a barrel.
  So I think it is important for the Senate to look at ways to provide 
additional help to the needs of the gulf States without turning a blind 
eye to this boondoggle that is on the books today--the oil royalty 
giveaway program that came about in the 1990s.
  A possible solution to the current predicament is to use some of the 
money from the program, which does not work, to try to provide an 
additional boost of funding for the gulf States at present. Reforming 
the current royalty program could provide more money for areas hit by 
hurricanes and possibly other urgent priorities.
  As long as we are on that subject, I would very much like to see some 
of the money that now goes to this inefficient oil royalty giveaway 
program used for the Secure Rural Schools legislation that is so 
important in my home State and much of the West and the South.
  The oil companies are supposed to pay royalties to the Federal 
Government when they extract oil from Federal lands. But in order to 
stimulate production of oil in our country--this was back when oil was 
$19 a barrel--the Federal Government has been giving oil producers what 
has been known as royalty relief for some period of time.
  Royalty relief is a nice way of saying that the oil companies are 
taking something from the American people without paying for it. That 
relief now amounts to billions of taxpayer dollars that are given away 
to companies that do not need them.
  In fact, the President has said that with the price of oil at $55 a 
barrel, companies do not need incentives at all to drill for oil. That 
is the President of the United States, not some anti-oil advocate. The 
President of the United States has said that you do not need incentives 
with the price of oil above $55 a barrel. In fact, with prices shooting 
up to more than $75 a barrel--more than $20 higher than the price the 
President said meant there should not be any subsidies--I do not see 
how you can make a case at all for the current out-of-control oil 
royalty giveaway.
  I am not the only person who is making this argument. For example, in 
May, a few weeks after I spent about 5 hours on the floor talking about 
this program, the other body, the House, held a historic vote to put an 
end to taxpayer-funded royalty giveaways to profitable oil companies. 
The House of Representatives, the other body, voted overwhelmingly, on 
a bipartisan basis, to put a stop to this waste of taxpayer dollars.
  So what I spent 5 hours talking about on the floor of the Senate 
earlier this year--and Senators were saying: What is the point of this? 
What are going to be the implications? I think it is important to note 
that a few weeks after I took that time on the floor of this great 
body, the other body voted overwhelmingly to cut these unnecessary 
subsidies.
  Even officials in the oil industry are saying that you cannot make a 
case for this multibillion-dollar subsidy at this time. The architect 
of the program, our respected former colleague, Senator Bennett 
Johnston, has said that what has taken place with respect to the 
royalty relief program is far removed from what he had in mind when he 
wrote the program.
  Now, I believe the Senate ought to have another opportunity to debate 
and vote on the oil royalty issue, just as the other body did this 
spring. I was unable, earlier this year, despite being close to 5 hours 
on the floor, to even get an up-or-down vote on my proposal to stop 
ladling out tens of billions of dollars of unnecessary subsidies to the 
oil industry.
  It seems to me if the U.S. Senate is going to vote on a new royalty 
scheme that will involve, again, enormous sums of money, the Senate 
certainly should have the opportunity to vote on reforming the existing 
program at that time.
  We are, of course, in the middle of the summer driving season. This 
is a time of the year when our citizens drive more, as they go on 
summer vacations, when demand for gas goes up, and when prices at the 
pump continue to escalate. I am sure our citizens, who are now facing 
the highest gas prices ever at this time of the year, will be 
interested to know when the Senate will have a chance to vote on the 
question of whether, at this time of record prices, oil companies 
making record profits should continue to get record taxpayer subsidies 
in the form of royalty relief.
  Along with several colleagues, I have written to the distinguished 
majority leader asking for the Senate to hold an up-or-down vote on 
ending royalty relief to profitable oil companies before the August 
recess. I will continue to press for a floor vote on reforming the

[[Page 14986]]

oil royalty program at the earliest possible opportunity. I am going to 
do everything I can to see that this vote happens in a fashion that 
will expedite aid to the people and communities in the Gulf States who 
await our best efforts.
  It is my understanding that the legislation to open up more offshore 
areas to oil drilling will come up under expedited procedures next 
week. I am going to work with colleagues who I know have a great 
interest in this. I have already spoken with Senator Kyl, for example, 
who helped me greatly when we tried to roll back the oil royalty 
program earlier this year. I have also spoken with Senators Lott and 
Landrieu and Chairman Domenici. I will continue to have those 
discussions. I simply wanted to take the time tonight, with the Senate 
having completed business for the week, to go through some of the 
implications of this offshore oil drilling program that will be debated 
next week.
  What it comes down to is, before you start a brandnew program that 
will involve vast sums, you ought to clean up one that is on the books 
today and is currently out of control, wasting billions of dollars, 
according to the Government Accountability Office. Secondly, if you 
clean up the program that doesn't work today, you save some dollars and 
you can apply them to those devastated gulf States which have such a 
great need.
  I intend to talk about this further next week. I do think it is time 
for the Senate to start thinking about the implications of what happens 
if you start a new program and you haven't fixed the one on the books 
today that even its author thinks is completely out of control and far 
removed from what he intended.
  Mr. HATCH. Mr. President, today we have the opportunity to do 
something very important for a precious national resource: our 
children.
  We must seize this opportunity and approve H.R. 4472, the Adam Walsh 
Child Protection and Safety Act of 2006.
  As the father of six and the grandfather of 22, and about to be 23, 
my heart reaches out to parents whose children become the victims of 
sexual predators.
  I cannot imagine what a nightmare that must be.
  And as a legislator, I want to assure those parents that we are doing 
all we can to make certain this never happens again.
  I am very confident that due to passing this legislation, there will 
be fewer sex offender victims in America, and fewer sex offenders 
roaming free.
  This bill has enjoyed vast bipartisan support. When Senator Biden and 
I first introduced the legislation in the Senate, in the form of S. 
1086 the Sex Offender Registration and Notification Act--42 Senators 
quickly signed on as cosponsors.
  In particular, I thank for their support my colleague from Utah, Bob 
Bennett, and Senator Grassley. I also thank Representative Mark Foley 
who introduced a companion bill in the House and Chairman Jim 
Sensenbrenner, who moved this through the House Judiciary Committee.
  Majority Leader Bill Frist and Speaker Hastert are to be applauded 
for coming together to make sure this bill passed. I thank them all.
  Technology of the 21st century, such as DNA testing, has empowered 
law enforcement to identify, prosecute, and punish sex offenders--the 
most despicable of criminals--as never before.
  But advanced technology has also empowered sexual predators in way 
that outrages and disgusts me.
  Some have compared the Internet to an ``open game preserve'' where 
sex offenders can prey on vulnerable children, meeting them in chat 
rooms and luring them into horrible situations.
  Pedophiles use the web to hunt our children; now we will start using 
the web to hunt down sexual predators when this bill passes.
  Today, there are more than 500,000 registered sex offenders in the 
United States.
  Unfortunately, many of them receive limited sentences and roam 
invisibly through our communities.
  With too many, we don't know where they are until it is too late.
  We have tried tracking sex offenders through Web sites before, but 
these sites are virtually useless because the information is frequently 
wrong and outdated.
  Most offenders register once a year, by mail. Moreover, state Web 
sites do not correspond with each other, and sex offenders are under 
penalty of only a misdemeanor if they lie or just decide not to 
participate. There are 150,000 out there that we do not know where they 
are.
  This bill will enhance the web technology available for tracking 
convicted sex offenders and replace outdated, inaccurate Web sites with 
meaningful tools to protect children.
  It will be a searchable national Web site that interacts with state 
sites.
  Citizens in every state will be able to inform themselves about 
predators in their communities with accurate information.
  Under this legislation, offenders will be required to report 
regularly to the authorities in person, and let them know when they 
move or change jobs.
  And if they don't want to follow the rules, they will go to jail, 
because failure to provide truthful information will become a felony.
  Those who break such a sacred trust and harm our children, no matter 
who they are, where they are from, or where they commit their crime, 
will have obligations under this law to make their whereabouts known 
voluntarily or subject themselves to additional prison time.
  The bill also provides money to put tracking devices on high-risk sex 
offenders who are released from jail. If we convict these monsters, we 
can't lose track of them.
  These are all common-sense solutions to a dark and horrible problem 
in our society.
  We have all heard with horror the tales of sexual predators.
  One of those tales that has captured national headlines comes from my 
home state of Utah. Elizabeth Smart, then a 14-year-old girl, was 
kidnapped from her home in 2002. Miraculously, she was rescued nine 
months later.
  Since then, she and her father, Ed Smart, have vigorously labored on 
behalf of sex-crime victims and laws to help them, including this law.
  Ed and Elizabeth have joined me in the Senate today. I thank them 
publicly, both for standing up and for fighting back. It means so much 
to all of us.
  I have come to know and love them both, and I am grateful for the 
devotion they have shown for the children of this country.
  This bill will call for the creation of a new office within the 
Department of Justice--called the SMART Office--the Director of which 
will be appointed by the President and confirmed by the Senate. SMART 
is an acronym which represents the reaffirmed efforts of the Justice 
Department to, Sentence--Monitor--Apprehend--Register--and Track, sex 
offenders. It is also named after Elizabeth Smart.
  I thank the Department of Justice for their commitment to the issues 
of sex offenders, child pornography and the creation of the SMART 
Office--and I want to, again, thank the Smart family for their active 
participation in this debate and for helping to move this bill forward.
  This legislation is truly ``smart'' legislation.
  Also included in this legislation are child protection provisions 
first introduced in the House by Representative Mike Pence, and which I 
introduced here in the Senate.
  This legislation will help prevent children from participating in the 
production of sexually explicit material.
  It strengthens current law by requiring producers of sexually 
explicit material to keep records regarding the identity and age of 
performers.
  I thank the Senator from Kansas, Senator Brownback, who was this 
bill's original cosponsor, and the 29 other Senators, on both sides of 
the aisle, who joined as cosponsors of this bill.
  As my colleagues are aware, Congress previously approved the PROTECT 
Act of 2003 against the backdrop of Department of Justice regulations 
applying

[[Page 14987]]

recordkeeping statutes to both primary and secondary producers.
  Along with the act's specific reference to the regulatory definition 
that existed at the time, this signaled Congress's agreement with the 
Department's view that it already had the authority to regulate 
secondary producers.
  A Federal court in Colorado, however, recently enjoined the 
Department from enforcing the statute against secondary producers, a 
decision that conflicted with a DC court ruling on this point.
  Title V of the Adam Walsh Act will eliminate any doubt that the 
recordkeeping statute applies to both primary and secondary producers. 
It clearly expresses Congress's agreement with the Department's 
regulatory approach and gives the Department the tools to enforce the 
statute.
  I want to thank the American press corps for the attention it has 
given to this issue. News outlets have diligently raised the American 
public's awareness of the grave threat posed by today's sexual 
predators. And the press have followed the lead of John Walsh, host of 
``America's Most Wanted.'' He and his wife, Reve, have waited nearly 25 
years for the passage of this bill.
  Next Thursday, July 27, 2006, marks 25 years since the abduction and 
murder of their son Adam. And on that 25th anniversary, it is our hope 
the President will sign into law legislation that will help law 
enforcement do what John has been doing all along--hunt down predators 
and criminals.
  Ernie Allen, president of the National Center for Missing and 
Exploited Children, along with Robbie Callaway, John Libonati, and 
Carolyn Atwell-Davis were also very prominent spokespeople for this 
legislation, and I want to personally thank them.
  The National Center for Missing and Exploited Children is one of the 
unsung heroes in the efforts to stop the abduction, exploitation, and 
murder of children. Their staff works long hours, and their commitment 
to stopping child pornography and sexual assault against kids is hard 
to match.
  I am grateful that the Senate will soon act on this bill. In the 
preamble to our Nation's great Constitution, we the people promise to 
establish justice, promote the general welfare, and provide for the 
common defense. There is no defense more sacred, nor welfare more 
precious, than those of our children.
  Currently, we track library books in this country better than we do 
sex offenders. With this measure, however, law enforcement will have 
the best means possible to protect our Nation's most precious national 
resource: our children.
  Now, I appreciate the help of all of my colleagues. I certainly 
appreciate this time from the distinguished Senator from Oklahoma 
because I wanted to make this statement, and this was a good time to 
make it. I am grateful to him for providing the time. I yield back the 
remainder of my time and ask everybody in the Senate to vote for this 
bill.

                          ____________________




                      VIOLENCE IN THE MIDDLE EAST

  Mr. SCHUMER. Madam President, I rise to speak about the situation in 
the Middle East. As we have seen, the missiles are continuing to fly, 
the fighting continues, the situation gets volatile. This morning, 
another Hezbollah rocket attack--this time on Nazareth--caused the 
death of two more Israelis. So it is vitally important that we 
seriously discuss this issue.
  Israel and its immediate neighbor Lebanon are in a state of peril 
that concerns the entire world. If I had one point to make this 
morning, it is this: President Bush is correct to fully support Israel 
in her effort to bring peace, to bring the soldiers home, to prevent 
missiles from flying on the northern fifth of Israel.
  Mr. President, 1.2 million people are living in shelters. That is a 
fifth of the entire population. Israel has an inherent right as a 
sovereign nation not only to secure her borders but to defend herself 
from outside attack. I am urging the President to continue to stand 
tall and give Israel the space she needs, the time she needs, to defend 
herself and make sure that these missiles cannot continue to rain down 
upon her people at Hezbollah's will.
  There is a great deal of pressure from the European community and 
from others that Israel should not be given the ability to defend 
herself. In short, if we were to prevent Israel from doing everything 
she could to stop these rockets from flying down on her people, we 
would be back where we are now 3 months, 6 months, a year from now, in 
the same situation.
  So should there be peace and negotiations? Yes. Might it be possible 
eventually to have an international force in southern Lebanon? Perhaps, 
although many of us who believe in Israel are worried about that force 
because in the past it has not stopped terrorist attacks on Israel. But 
at the moment, we cannot allow the status quo to continue, where a 
militant terrorist organization, Hezbollah, has the ability to rain 
torture down on the northern part of Israel.
  Israel must be allowed to defend herself like any nation. Can you 
imagine if some group were operating in Canada and continued to fire 
missiles at Buffalo and Detroit and Minneapolis and Seattle? Would the 
rest of the world tell the U.S. ``show restraint'' even though every 
night a hundred missiles came down on the cities, even though millions 
of people might be living in shelters? Of course not.
  Every country has the right to defend herself. Israel is no 
exception. I salute President Bush for understanding that and hope he 
continues on that course because any other course, any appeasement of 
Hezbollah, will lead to this same sorry situation repeating itself.
  Let's be clear: The state of Israel is not an aggressor here. Israel 
has stated over and over again its desire to live in peace with the 
Arab world. It is Israel's policy to allow a Palestinian state. And 
there are some in the Palestinian and Arab world who agree with it. But 
there are some who do not.
  Hezbollah believes Israel has no right to exist, not simply in the 
West Bank and Gaza but in Tel Aviv and Jerusalem and Ashdod and 
Ashkelon. And Hezbollah has said they will do all they can to eradicate 
the state of Israel. Hezbollah is the aggressor.
  I feel deeply for those who are injured, both Israeli and Lebanese, 
both Jew and Arab. But the Lebanese Government also has an obligation 
here; that is, not to allow terrorists to operate on her soil. I was so 
pleased to see that Saudi Arabia and other countries in the Arab world 
understand that Hezbollah is the provocateur here. But the world must 
unite against terrorism. The sad lesson we learn is that if terrorism 
is first directed at one country, it will inevitably spread, unless we 
have a strong, united world against terrorism.
  In this case, Israel is not the aggressor. She is defending herself 
against an unlawful incursion into her borders by the terrorist 
organization Hezbollah. Hezbollah has rockets, and they shoot 
indiscriminately at civilians. Israel, on the other hand, in defending 
herself, goes out of her way and sacrifices the lives of her soldiers 
not to punish and hurt civilians. It is awfully difficult when people 
store missiles in their garages and in their homes.
  But all Israel asks for is the ability to defend herself. To create 
some moral equivalency between Israel's response to these rocket 
attacks and the terrorist attacks themselves is, in my opinion, 
immoral. What other country would allow it? Would Prime Minister Chirac 
stand for restraint if missiles rained from Switzerland to Lyon? Would 
President Putin ask for restraint? Why he asks for restraint against 
terrorists in the Middle East but asks for world support against 
terrorists in Chechnya is beyond me. He seems to have a double 
standard.
  Would any country simply watch as dozens of its own citizens were 
killed, countless more injured, the whole nation frantic with fear and 
uncertainty? No, of course not. Every nation would respond with 
strength and do everything it could to eradicate the terrorists. And 
that is just what Israel is doing now.
  Prime Minister Olmert has publicly called for peace. He is right to 
do so.

[[Page 14988]]

Israel did not seek out this conflict and does not seek its 
continuance. But neither will nor should Israel back down and simply 
allow Hezbollah to continue its reign of terror over Israel and its 
citizens at any time of its choosing.
  So this is a sad situation. Lebanon's entire population is paying the 
price for Hezbollah's outrageous actions. The Prime Minister, Siniora, 
said in a statement:

       Lebanon cannot grow and develop if the government is the 
     last to know and yet the first to pay the price.

  The great mistake was allowing Hezbollah into the government and then 
allowing them free reign in southern Lebanon. It should not be a 
mistake that Lebanon repeats, and it should not be a mistake to which 
the world acquiesces.
  Lebanese Prime Minister Siniora has called for his government to 
assert ``sovereignty in all Lebanese territory.'' I agree with this. 
You cannot have a terrorist separate nation living within your nation 
and then disclaim any responsibility and blame the country that is 
simply defending itself against terror.
  As I said, I welcome the stance of Saudi Arabia and Egypt and Jordan 
and Kuwait, which characterized Hezbollah's actions as ``unexpected, 
inappropriate and irresponsible.'' This is a welcome stance, a new 
stance. But talk is cheap. We should hold the Arab League's feet to the 
fire and pressure them to take concrete steps that will force Hezbollah 
to stop its attacks and return the captured soldiers.
  In short, our President is doing the right thing. Americans of all 
political philosophies and all parties back him in doing it. Our plea, 
Mr. President: Stay the course. Continue strong. Let Israel, who does 
not ask for United States troops or United States casualties in any 
way--defend herself. All she needs is the support of the world to help 
her fight terrorism, a terrorism which could afflict any one of our 
nations.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Madam President, I think this may be the first time I 
have had occasion to stand on the floor and associate myself with the 
remarks of the distinguished Senator from New York. I appreciate his 
thoughtful remarks.


                      PRESIDENT'S VETO OF H.R. 810

  Mr. HARKIN. Mr. President, I just watched the President of the United 
States veto the bill that passed here yesterday by 63 votes, the bill 
to provide that our scientists in this country, under the guidance of 
the National Institutes of Health, could conduct lifesaving research on 
embryonic stem cells, with strong ethical guidelines.
  I will mince no words about the President's action and the words he 
used. I think this veto is a shameful display of cruelty and hypocrisy 
and ignorance. It is cruel because it denies hope to millions of 
Americans who suffer from Parkinson's, Alzheimer's, ALS, juvenile 
diabetes, and spinal cord injuries.
  The best scientists in the world, overwhelmingly--including dozens of 
Nobel Prize winners, every director at the National Institutes of 
Health--say that embryonic stem cell research offers enormous potential 
to ease human suffering.
  I think this veto displays some hypocrisy. The President describes it 
as immoral, yet himself provided funding for it in 2001. How is it that 
for those stem cells derived before 9 p.m. August 9, 2001, it is moral 
to do research on them, but it is immoral to do research on any stem 
cells after that? Please, explain that, Mr. President.
  Quite frankly, I think this is a shameful display of ignorance about 
what stem cell research is. His spokesman today, Mr. Snow, said we are 
not going to kill these embryos to provide life to someone else. What a 
shameful display of ignorance. These cells are not killed. They are 
kept alive. These stem cells are kept alive to grow tissue and heart 
muscle, nerve muscle, reconnect spinal cords. If you kill them, they 
cannot do that. What sheer ignorance was on display by Mr. Snow this 
morning when he said that.
  So, Mr. President, I will have more to say about this later. I only 
have a few minutes now. But I think what the President did is to 
condemn millions of Americans to suffering--needless suffering--and to 
take away the hope so many people have that this research could ease 
their suffering. I think it was a shameful display.
  I congratulate the Senate which, in a bipartisan effort--63 votes--
passed H.R. 810 yesterday. Now the President has vetoed it. We cannot 
bring it up again this year. But I can assure you that this Senate will 
take it up next January. We will be back, Mr. President. We will be 
back, and we will have more Senators next year willing to stand up--
willing to stand up--against ignorance and hypocrisy and cruelty, more 
Senators who will stand up for embryonic stem cell research and help 
those who are suffering in our society. We will be back next January, 
and we will pass it again. And if this President vetoes it again, we 
will override it.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I wish to respond to the Senator from Iowa 
very briefly.
  I voted with the majority. I think we ought to give the President of 
the United States credit for a firmly based, knowledgeable position on 
this issue. Reasonable people can disagree on this issue. I think the 
debate generally that we had was good for America, but I respect the 
President's right to carry out his responsibilities as he sees fit. An 
exercise of a veto is within the President's authority.
  I disagree with the President on this issue, but I respect his views 
and I respect his right to act as he feels is in the Nation's interest.

                          ____________________




                  TRIBUTE TO WINTHROP PAUL ROCKEFELLER

  Mrs. LINCOLN. Mr. President, I thank my colleague from West Virginia 
and my colleagues from Oklahoma and Vermont for allowing us this 
opportunity.
  Today I rise to pay tribute to one of Arkansas' great public 
servants, business leaders, and philanthropists, our Lieutenant 
Governor, Winthrop Paul Rockefeller. Winthrop passed away quietly last 
Sunday after a period of illness. Words can hardly express the sense of 
loss we in Arkansas feel at the passing of Winthrop.
  Everyone has heard of the Rockefeller name, there is no doubt. It is 
renowned the world over. Truth be told, Win could have used that name 
and the family fortune to do whatever he wanted or nothing at all. Many 
in similar circumstances have chosen to indulge themselves in personal 
excess. But not Win. He chose to live the life of a servant.
  He had a plaque placed at his home on Petit Jean Mountain in Arkansas 
that really sums up how he lived and what he believed. The plaque 
quoted Micah, chapter 6, verse 8:

       He has showed us, O man, what is good. And what does the 
     Lord require of you? To act justly and to love mercy, and to 
     walk humbly with thy God.

  All through his life, you see evidence of his desire to live out that 
Scripture. He was compassionate and thoughtful. He showed a strong love 
for his fellow man and a commitment to leaving this world a better 
place than he found it. Part of that commitment was expressed through 
his work at Little Rock-based Winrock International--one of the world's 
leading incubators of economic progress for developing economies.
  His work there not only has had a profound impact on 107 nations 
spread across the globe but also has impacted Arkansas' rural areas as 
well. I have worked closely with Winrock International on many of those 
initiatives and have been proud to do so.
  His Winthrop Rockefeller Foundation has also helped enrich the 
quality of life for rural America, particularly in the area of home 
ownership in my home area; that is, the Mississippi Delta.
  He also strongly believed in developing the potential in our young 
people. One of his favorite organizations was the Boy Scouts of 
America. He

[[Page 14989]]

served on the executive board of the National Council, and he was 
president of the Quapaw Area Council in 1997 and thereafter was a vice 
president. He also founded a program called Books in the Attic in which 
Boy Scouts could collect used books to distribute to families. Most 
importantly, however, he served for many years as an assistant 
Scoutmaster for Troop 12, and he attended Scout camp with his son 
regularly, as well as Scout meetings.
  Win was also the father of two special needs children. His desire to 
see them and others like them succeed in life moved him to open a 
school for differently abled children called the Academy at Riverdale 
in Little Rock. This is just another example of the kind of heart he 
possessed.
  Throughout his lifetime, Win also served in charitable organizations 
in many ways. The list is long, but some of the charities include the 
Arkansas State Police Commission, the President's Council on Rural 
America, and on and on. He served as a Texas Christian University 
trustee and was on the national boards of Ducks Unlimited, and the 
Nature Conservancy.
  He served on the boards of the Arkansas Cancer Research Center and 
the Arkansas Arts Center Foundation. He was a trustee of the Winthrop 
Rockefeller Charitable Trust and Rockefeller Foundation.
  In his spare time he was one of the finest Lieutenant Governors the 
State of Arkansas has ever known.
  As I close paying tribute to this thoughtful, kind man, I am reminded 
of the story of David. He was looked upon as the most unlikely of men 
to become king of Israel. In the same way, it was easy for many to 
believe that they could look at outward things--Win's money perhaps, 
family connections, and his status--and draw conclusions about who he 
was.
  But, as with David, man looks on the outside but God looks in the 
heart. Win's heart was always in the proper place, a faithful place. I 
truly believe that his heart has now found its rightful place in the 
hands of his King.
  My condolences go out to his lovely wife Lisenne, his three daughters 
and five sons, to his extended family and my very dear friend and 
colleague, Senator Jay Rockefeller, and I pray the Lord will keep this 
entire Rockefeller family in this time of grief.
  Mr. President, I am proud to yield to my colleague from the great 
State of Arkansas, Senator Pryor.
  The PRESIDING OFFICER. The Senator from Arkansas is recognized.
  Mr. PRYOR. Mr. President, we lost a great Arkansan this week and also 
a great American. I rise today to give tribute to Winthrop Paul 
Rockefeller.
  When I think of Win Paul, I think of a man who demonstrated 
throughout the course of his life great faith, courage, and humility. 
He was a friend to me, but he was a friend to thousands of people 
around our State and around our Nation. He set a high standard for 
public service and for philanthropy and a high standard for leadership. 
In fact, he is one of those people who, regardless of his station in 
life, even had he been born without a penny to his name, would have 
been selfless, and he would have lived a sacrificial life just as he 
did.
  He has done so many great things for the State of Arkansas, for the 
country and for the world. Let me just name a few of the charities that 
he has been deeply involved with: The Boy Scouts of America, Project 
ChildSave, the Arkansas Literary Festival, the President's Council on 
Rural America, the Bill Fish Foundation, Ducks Unlimited, the Nature 
Conservancy, the Arkansas Coalition for Juvenile Justice--to name just 
a few.
  He has helped so many people along the way. He has inspired people 
with the time he spent with them but also with his generosity.
  I experienced that when I was about 10 or so years old. My father was 
the newly elected Governor of Arkansas and Win Paul walked in, a young 
man, and on the spot he bought for the Governor's mansion and gave to 
the State of Arkansas a new stove for the kitchen because he thought 
that Liza Jane Ashley, the cook at Governor's mansion, should not have 
to labor over that old, dilapidated stove she had. That is the way he 
was. We will never know the thousand acts of kindness he did for 
people.
  I have to single out one organization that he loved so much and he is 
closely identified with in Arkansas and that is the Boy Scouts. He was 
involved in that organization for 30 years, and he led by example. The 
Boy Scouts' motto is ``Be prepared.'' I think that Win Paul Rockefeller 
was always prepared to help his fellow man. He was always looking for 
ways to be of service. The Boy Scouts' slogan is ``Do a good turn 
daily,'' and certainly he lived by that and lived by a very deep faith. 
He demonstrated his faith every single day that we all knew him.
  Like my colleague from Arkansas, we extend our prayers to Lisenne, 
their children, and to Jay Rockefeller and the entire Rockefeller 
family and all of their friends and all the people they have touched. 
We just want to say we know that he is in a better place. We know that 
he has been greeted at the Pearly Gates with open arms.
  We will truly miss Winthrop Paul Rockefeller.
  I yield the floor.
  Mr. ROCKEFELLER. Mr. President, I thank the chairman of the full 
committee and ranking member for their generosity in allowing, 
hopefully, 15 minutes for eulogizing Win Paul. Win Paul was my first 
cousin. I think people need to know, he died from a really horrible 
form of cancer. We knew it was going to be difficult. He went to 
Seattle to get a variety of bone marrow transplants, and wasn't going 
anywhere. So, in effect, he came back to Arkansas, his home. In many 
ways like his father, in some ways under the shadow of his father, but 
in all ways committed to the people of Arkansas.
  He originally came back to Arkansas at the age of 24 when his father 
died. He wanted to do good. When I think about him, I just think of his 
desire to be helpful to people. Both of my colleagues from Arkansas 
mentioned his relations, working with the Boy Scouts. One thing he was 
really proud of is that he racially integrated the Little Rock Boy 
Scouts, so that there were two sides.
  I feel a great sense of loss personally as his first cousin, who knew 
him very well. He had a great affinity for Arkansas, which is a State 
that I love because it is very much like West Virginia.
  He had a wonderful family, eight children. Several of them have very 
difficult developmental disabilities. He has, for that reason, and I 
think because of his general humanity, poured himself into people who 
do have developmental problems. Both Senators from Arkansas mentioned 
the Riverdale Academy, which I think tripled in size since it was 
founded in 2004.
  He was ultimately a Lieutenant Governor who wanted to be Governor to 
do what all Governors want to do, which is to live out their vision, 
make his vision for Arkansas come true. He didn't have that chance. He 
gracefully withdrew from the race when it became evident to him that 
things weren't going to be very good in terms of his health. He came 
back to Arkansas a very, very sick person to die, to his home and to 
his God.
  I am going to miss him. I thank my colleagues for indulging in this 
moment of thought about a family member to me and a political leader 
and friend to my two beloved colleagues from Arkansas.
  He will be at home in Heaven.

                          ____________________




                          PRESIDENTIAL REPORT

  Mr. STEVENS. Mr. President, I ask unanimous consent that a letter 
from the President of the United States be printed in the Record today 
pursuant to the war powers resolution.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Hon. Ted Stevens,
     President pro tempore of the Senate,
     Washington, DC.
       Dear Mr. President: Hostilities involving Israeli military 
     forces and Hezbollah terrorists in Lebanon commenced on July 
     12, 2006, and have included military operations in the 
     vicinity of the U.S. Embassy in Beirut.
       Although there is no evidence that Americans are being 
     directly targeted, the security

[[Page 14990]]

     situation has deteriorated and now presents a potential 
     threat to American citizens and the U.S. Embassy. On July 14, 
     the Department of State first requested Department of Defense 
     assistance to support the departure of American citizens from 
     Lebanon. On July 15, U.S. military helicopters temporarily 
     deployed to Cyprus. On July 16, these combat-equipped 
     helicopters delivered to U.S. Embassy, Beirut, a contingent 
     of U.S. military personnel who will assist in planning and 
     conducting the departure from Lebanon of U.S. Embassy 
     personnel and citizens and designated third country 
     personnel. The helicopters also transported U.S. citizens 
     from Beirut to Cyprus. It is expected that these helicopters 
     will continue to provide support to the Embassy, including 
     for the departure of additional personnel from Lebanon. It is 
     likely that additional combat-equipped U.S. military forces 
     may be deployed to Lebanon and Cyprus and other locations, as 
     necessary, in order to support further efforts to assist in 
     the departure of persons from Lebanon and to provide 
     security.
       These actions are being undertaken solely for the purpose 
     of protecting American citizens and property. United States 
     forces will redeploy as soon as it is determined that the 
     threat to U.S. citizens and property has ended and the 
     departure of any persons, as necessary, is completed.
       I have taken this action pursuant to my constitutional 
     authority to conduct U.S. foreign relations and as Commander 
     in Chief and Chief Executive. I am providing this report as 
     part of my efforts to keep the Congress informed, consistent 
     with the War Powers Resolution.
           Sincerely,
                                                      George W. Bush.  
The White House, July 18, 2006.

                          ____________________




                         COMMENDING SHARON DALY

  Mr. REID. Mr. President, I am pleased to rise today to commend Sharon 
Daly for her more than 30 years of service to those in need. Through 
her tireless advocacy, she has truly made an important contribution to 
the well-being of real people and has improved the character of this 
Nation.
  Most of those who have benefited from her efforts will never know her 
name or the impact that she had on their lives. That is because Sharon 
wasn't one to seek the limelight or publicity for herself. Instead, she 
has quietly but determinedly dedicated herself to helping the most 
vulnerable among us--including those with disabilities, the homeless, 
victims of domestic violence, disadvantaged and abused children, and 
immigrants. Sharon's leadership and commitment truly exemplifies what 
it means to ``love you neighbor as yourself.''
  Through her service at the Children's Foundation, the U.S. Conference 
of Catholic Bishops, the Children's Defense Fund, and most recently as 
vice president and then senior public policy advisor at Catholic 
Charities USA she has worked to make Federal programs, including the 
Food Stamps Program, Medicaid, the earned-income tax credit and many 
others, more responsive to the needs of those facing significant 
challenges in their lives. She helped Members of Congress and our 
staffs understand how the support provided by these programs helps low-
income families and children address the ravages of poverty.
  Sharon worked successfully on bipartisan efforts to enact the Family 
and Medical Leave Act and the Americans with Disabilities Act. She also 
played a lead role in the enactment of a 1993 package of benefits for 
low-income families with children, including major expansions in the 
earned-income tax credit, food stamps, immunization, and family 
preservation/child welfare services.
  Mr. President, Sharon Daly is retiring from Catholic Charities USA. 
She will be deeply missed for her thoughtful guidance and leadership. I 
have confidence, however, that she will remain an inspiration to those 
who will follow in her footsteps.

                          ____________________




                           TEEN DRIVER SAFETY

  Mr. DURBIN. Mr. President, during the recent district work period, I 
read a front-page Chicago Tribune news article that reminded me of the 
importance of educating young adults about driving safety. And as 
students in Gibson City, IL, can tell you, the story is also a 
testament to what can be achieved through dedication, perseverance, and 
heart.
  Summer can be a dangerous time for teen drivers, many of whom are 
just beginning to build their experience behind the wheel. In my home 
State of Illinois, July is the deadliest month for teen drivers. An 
average of 12 Illinois teens have been killed in car accidents every 
July for the last 10 years. We must work to prevent these tragic losses 
by educating America's teenage drivers about driver safety.
  The Tribune article highlighted the story of the Arends family, of 
Gibson City, IL, who have turned an unimaginably heartbreaking tragedy 
into a successful campaign to save the lives of teen drivers. Three and 
a half years ago, 17-year-old twins Greg and Steve Arends were driving 
to work when Greg, the driver, lost control of the car, which slammed 
sideways into a telephone pole at 80 miles per hour. Neither boy was 
under the influence of drugs or alcohol, and both boys' seatbelts were 
fastened, but unfortunately, Greg's side of the vehicle bore the impact 
of the crash, and he died at the hospital. Miraculously, his twin 
brother Steve survived, thanks in part to wearing a seatbelt.
  A year and a half after the accident, despite their immense pain and 
grief, the Arends family responded to a call from Judy Weber-Jones, a 
teacher at the local high school, who asked if they would be willing to 
help launch a teen driver safety campaign in Gibson City. They agreed, 
and Steve Arends even decided to participate in presentations for his 
peers. His is a powerful message, and it is already making a difference 
in the lives of teens in Gibson City. Though the accident left Steve 
with injuries that he is still trying to overcome, he has displayed 
great courage in sharing his unfortunate experience with his peers in 
Central Illinois.
  Over the last year and a half, the campaign at Gibson City-Melvin-
Sibley High School, called Project Ignition--License to Live, has grown 
to attract the participation of dozens of students and community 
volunteers. The Arends family has allowed students to place pictures of 
Greg around the school and gave the group a picture of the car mangled 
in the accident. Roadside signs erected all over town read ``Slow Down. 
Buckle Up. Remember Greg and Steve.'' Students have staged mock car 
accidents and organized demonstrations with crash simulators. The group 
has also produced videos, PowerPoint presentations, and public service 
announcements aimed at increasing seatbelt use, reducing speeding, and 
promoting safe driving practices among teens.
  I commend the Arends family, Ms. Weber-Jones, and all those who 
collaborate with the Project Ignition--License to Live program for 
their work to save the lives of young drivers in Illinois. The 
campaign's success has been remarkable.
  Since the start of the Project Ignition--License to Live program, 
seatbelt use among teens at Gibson City-Melvin-Sibley High School has 
increased at least 20 percent, the number of speeding tickets issued to 
teens has decreased by more than 70 percent, and the number of 
accidents reported to local police departments has dropped by more than 
half. This program is indeed saving lives. Six teens were involved in 
car accidents this past school year, and in all six cases, the teens 
were wearing their seatbelts and walked away with only minor injuries.
  So what is Project Ignition--License to Live doing differently than 
other teen driver safety programs? In just a short time, this program 
has been able to achieve levels of improvement in teen driver safety 
and accident prevention that parents, teachers, law enforcement, and 
other leaders have not been able to accomplish in decades. The most 
notable difference is that this program is fueled by teens themselves. 
They have found a way to package messages about wearing seatbelts, 
slowing down, and staying alert that truly resonate among their peers. 
Theirs is a model that I believe should be replicated across the 
Nation.
  The SAFETEA highway and transit bill that Congress passed 1 year ago 
included a provision to reward States that have passed strong primary 
seatbelt laws. Such laws allow law enforcement officials to stop, 
ticket, and fine

[[Page 14991]]

drivers for not wearing a seatbelt. My home State of Illinois is one of 
those States that have already passed a primary seatbelt law. In 2006, 
Illinois will receive a one-time payment of $30 million in Federal 
funds authorized by SAFETEA. I commend Illinois for not only passing a 
primary seatbelt law that will save lives but also for dedicating all 
of the $30 million to highway safety programs. I recently sent a letter 
to Governor Blagojevich urging him to use the funds to bolster the 
efforts of groups like Project Ignition License to Live.
  As the example of Gibson City and the Arends family shows, young 
adults take to heart the life lessons of their peers. Therefore, 
Governor Blagojevich and the State of Illinois would be wise to 
coordinate with groups such as Project Ignition--License to Live so 
that young adults can share their personal experiences and remind their 
peers to drive safe and buckle up. I urge my fellow Senators to 
continue to fund these important safety programs and to work with their 
State governments to pass primary seatbelt laws so that other States 
can follow Illinois' example and make highway safety a priority.

                          ____________________




                       HONORING OUR ARMED FORCES


                         Airman Jason J. Doyle

  Mr. HAGEL. Mr. President, I rise to express my sympathy over the loss 
of U.S. Navy Airman Jason Doyle of Nebraska. Airman Doyle died after 
falling overboard from the USS Kitty Hawk off the eastern coast of 
Japan on July 8. He was 19 years old.
  Airman Doyle grew up near Sunset, UT. In 2000, he moved to Bellevue, 
NE and was a 2005 graduate of Papillion-La Vista South High School. He 
joined the Navy immediately following graduation.
  Airman Doyle had a lifelong interest in flying and in Japanese 
culture. He turned those interests into an opportunity with the Navy. 
He was deployed with the Electronic Attack Squadron, VAQ, 136 aboard 
the USS Kitty Hawk in October 2005. His first leave was at a Japanese 
port, where he was able to experience a culture he had been fascinated 
with his entire life. Thousands of brave Americans like Airman Doyle 
are serving the United States worldwide.
  Airman Doyle is survived by his father, Dale Doyle; his mother, 
Martha Bower; his stepmother, Susie Doyle; his brother Brandon; and 
sisters Shauna, Whitney, and Ashley.
  I ask my colleagues to join me and all Americans in honoring Airman 
Jason Doyle.

                          ____________________




     REAUTHORIZATION OF THE NATIONAL VETERANS BUSINESS DEVELOPMENT 
                              CORPORATION

  Mr. AKAKA. Mr. President, I am pleased to be an original cosponsor of 
a bipartisan bill to reauthorize the National Veterans Business 
Development Corporation, commonly known as the Vets Corp. This bill, 
the Veterans Corporation Reauthorization Act of 2006, was developed in 
a cooperative fashion by members of the Small Business and Veterans 
Affairs' Committees, in conjunction with Senator Talent who was 
involved in the original establishment of the Vets Corp during his 
tenure in the other body.
  The Vets Corp has a crucial mission--to foster entrepreneurship and 
business opportunities for veterans, with a special focus on service-
disabled veterans. During this time of conflict abroad, this mission is 
extremely relevant. A seamless transition from military to civilian 
status requires that we give our veterans the tools necessary to 
succeed in their post-military lives. The Vets Corp seeks to do just 
this for veteran-owned small businesses.
  Created by Congress in 1999, the Vets Corp had a slow start. While I 
believe that the new Vets Corp leadership is turning things around, 
there are some lingering concerns about the Vets Corp's funding and 
mission. I am hopeful that this legislation we are introducing today 
will help remedy these concerns. Under the terms of the legislation, 
the Vets Corp would be provided matching funds instead of a straight 
allocation. In addition, this bill would clarify the purpose of the 
organization as well as improve the structure of their advisory board.
  Mr. President, I am proud to be a cosponsor of this bill. I applaud 
the hard work of Senators Kerry, Snowe, Talent, and their staffs in 
crafting this bipartisan bill. I hope my colleagues will support this 
bill and I urge its speedy passage.

                          ____________________




                           VIOLENCE IN DARFUR

  Mr. FEINGOLD. Mr. President, I am deeply troubled that violence in 
Darfur continues. It is disheartening to learn that the Government of 
Sudan continues to serve as an obstacle to the deployment of U.N. 
peacekeeping forces that could bolster the African Union Mission in 
Sudan, AMIS. While AMIS has conducted its mission to the best of its 
ability, it is clear that it has neither the resources nor the mandate 
to stop the violence that is affecting the lives of millions of 
innocent people. It remains critical that an international peacekeeping 
force be allowed to deploy to Darfur to augment the African Union 
Mission in Sudan and to establish a lasting and sustainable peace.
  Peace in Darfur has been elusive, but it is not unattainable. The 
Government of Sudan must be a willing partner for peace; it must work 
with the international community to find an acceptable and expedient 
plan to introduce peacekeeping forces to that region. Until a more 
robust peacekeeping force can deploy to Darfur, it is important that 
the international community support continuing AMIS efforts there. 
Finally, parties to the conflict in Darfur must also abide by the 
recently agreed upon Darfur Peace Agreement, DPA, although it is 
apparent that this peace agreement is showing signs of strain.
  Peace in Darfur is critical for establishing a lasting and 
comprehensive peace throughout Sudan and the region. That said, we must 
not ignore the continuing need to press for progress on the North-South 
Comprehensive Peace Agreement, CPA. The U.S. Government, with the 
international community and the United Nations, must continue to press 
for progress in implementing the CPA between the north and the south of 
Sudan. Unfortunately, well over a year from the signing of the CPA, it 
has become painfully clear that various important elements of the 
agreement have yet to be implemented, let alone completed. Key issues 
concerning land tenure rights, critical border agreements, oil revenue 
sharing, and armed militias in southern Sudan have yet to be settled or 
addressed fully.
  While much of the lack of progress relating to the CPA relates to the 
complexity of the peace agreement, much of it relates to the limited 
capacity of the Government of Southern Sudan, GOSS, to provide 
effective governance, services, and protection of its citizens. There 
remain serious obstacles to the establishment of a viable and strong 
GOSS, including a continuing lack of sufficient infrastructure 
throughout the south and sporadic violence that disrupts various parts 
of the region. The international community must continue its support of 
Sudan's CPA, which means addressing the capacity that parties to the 
agreement have to implement the agreement.
  The U.S. Government and the international community need to be 
sustained, coordinated, and comprehensive. We cannot dismiss the 
significance of the linkages and impact that each of these agreements 
have on one another, nor their significance for developing a solid 
foundation for addressing conflict throughout the region. Successful 
implementation of both the CPA and DPA will provide significant 
benefits to all communities in Sudan and will set the stage for a new 
era of peace for the entire country and region.

                          ____________________




           NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

  Ms. SNOWE. The Veterans Entrepreneurship and Small Business 
Development Act of 1999 created the National

[[Page 14992]]

Veterans Business Development Corporation--The Veterans Corporation--to 
address gaps in providing small business and entrepreneurship 
assistance to veterans and service-disabled veterans. These services 
are to be delivered through newly created, community-based veterans 
business resource centers, VBRCs. The legislation authorized Federal 
funding through fiscal year 2004, with the requirement that the 
Corporation ``institute and implement a plan to raise private funds and 
become a self-sustaining corporation.''
  While the Veterans Corporation's purpose and mission are well-
intentioned, in practice, the Corporation has been unable to become 
self-sustaining and continues to rely on congressional appropriations. 
Furthermore, the Corporation's funding concerns have diminished its 
ability to create a vibrant national network of VBRCs. The 
Corporation's struggles have led it astray from the original intent of 
the law and hurt its delivery of services to our Nation's veterans. As 
such, my colleagues and I are introducing legislation to reauthorize 
the Veterans Corporation and to improve the direction of the 
Corporation as it works to serve veteran and service-disabled veteran 
entrepreneurs.
  Although the Veterans Corporation has fallen on hard times, its 
vision of assisting veterans with their business needs is still 
admirable. In fact, according to the Small Business Administration, 
about 22 percent of veterans were either purchasing or starting a new 
business or considering doing so in 2004. Moreover, almost 72 percent 
of these new veteran entrepreneurs planned to employ at least one 
person at the outset of their new venture. Supporting veterans' small 
business needs has become increasingly important as soldiers begin to 
return from continuing U.S. military operations worldwide.
  I have worked hard to put the Veterans Corporation on the track to 
success and to support the veteran entrepreneurs and veteran-owned 
small businesses that it serves. I have led efforts to ensure proper 
oversight of the Corporation, as well as assisted the Corporation 
through appropriate legislative action.
  As Chair of the Senate Committee on Small Business and 
Entrepreneurship, I requested a Government Accountability Office, GAO, 
study, released in August 2004, to ensure that the Veterans Corporation 
was meeting its responsibilities and the needs of our Nation's 
veterans. The GAO report concluded that the Veterans Corporation faced 
a number of challenges in achieving self-sufficiency, noting that 
dramatically lower-than-expected revenues delayed the estimated date 
for achieving self-sustaining operations from fiscal year 2004 to 
fiscal year 2009. The GAO was also concerned with the Corporation's 
distinction as a government corporation,'' as determined by the Office 
of Management and Budget and the Department of Justice. This 
determination subjected the Corporation to numerous agency requirements 
and drained significant resources away from serving veterans. Again, 
this designation inhibited the Corporation's ability to become self-
sustaining.
  In the fall of 2004, I introduced emergency legislation that was 
passed into law to clarify the Corporation's status as a ``quasi-
private entity,'' not a ``government corporation.'' At the time, this 
legislation relieved the 12-employee Corporation from burdensome 
Federal agency reporting requirements.
  Following the enactment of this legislation, many of my colleagues 
and I encouraged the Corporation to work hard to get its fiscal house 
in order and to focus on reaching out to veterans in local communities, 
particularly through VBRCs. Unfortunately, the Corporation's most 
recent efforts to become self-sustaining have yielded insufficient 
results. Furthermore, since its inception, the Corporation has only 
succeeded in establishing four VBRCs. Therefore, it is appropriate to 
restructure the corporation to meet the original intent of the law and 
to better serve our veteran entrepreneurs.
  I would like to thank Senators Kerry, Talent, and Akaka for working 
together with me to craft the bipartisan ``Veterans Corporation 
Reauthorization Act of 2006.'' We believe that this bill will clarify 
current law directing the Veterans Corporation, improve the 
Corporation's services to veterans by stressing the need to create 
VBRCs, and protecting the American taxpayer by ensuring that the 
Corporation meets its self-sustaining requirement.
  More specifically, this legislation will focus the Corporation's 
purpose and mission to emphasize establishing a national network of 
information and assistance centers for use by veterans and the public.
  This bill would strictly guide the Corporation's ability to access 
public funds. Although the legislation would reauthorize funding at $2 
million for fiscal year 2007-fiscal year 2009, the funds would be 
directed through the Small Business Administration's Office of 
Veterans' Business Development. These funds would only be allocated to 
the Corporation if it first matches those funds on a dollar-for-dollar 
basis. Any funds not expended would revert back to the Treasury. 
Furthermore, there is a provision that restricts the amount of revenue 
the Corporation can raise from fee-for-service tools or direct charge, 
to the veteran receiving services.
  Our legislation also reinforces current law by requiring that the 
Veterans Corporation must develop a plan to become self-sustaining and 
would add the requirement that the Corporation include an independent 
audit in its annual report to Congress, and includes a GAO audit to 
ensure review and compliance.
  Finally, the legislation will postpone the transfer of duties from 
the SBA's Advisory Committee on Veterans Business Affairs to the 
Corporation, and improve notification of the Corporation's services to 
veterans and transitioning service members.

                          ____________________




                   VOTING RIGHTS ACT REAUTHORIZATION

  Mr. LEAHY. Mr. President, There are few things as critical to our 
Nation, and to American citizenship, as voting. Like the rights 
guaranteed by the first amendment, the right to vote is fundamental 
because it secures the effective exercise of all other rights. As 
people are able to register, vote, and elect candidates of their 
choice, their interests and rights get attention. The very legitimacy 
of our democratic Government is dependent on the access all Americans 
have to the electoral process.
  The Voting Rights Act of 1965 transformed the landscape of political 
inclusion. As amended, the act contains important provisions for 
language assistance. Section 203, added as part of the second 
reauthorization of the Voting Rights in 1975, broadened this landscape 
by allowing millions more American citizens to participate fully in our 
democracy. Section 203, which requires bilingual voting assistance for 
certain language minority groups, was enacted to remove obstacles to 
voting posed by illiteracy and lack of bilingual language assistance 
resulting in large measure from unequal educational opportunities 
available to minorities. These provisions helped overcome 
discriminatory barriers which limited access to the political process 
for language minority groups and resulted in low turnout and 
registration. Along with section 4(f)(4), section 203 has led to 
extraordinary gains in representation and participation made by Asian 
Americans and Hispanic Americans.
  Hispanic-American populations have been one of the primary minority 
language groups to benefit from the protections of the bilingual 
provisions of the Voting Rights Act. For example, effective 
implementation of the bilingual provisions in San Diego County, CA, 
helped increase voter registration by more than 20 percent. And voter 
turnout among Hispanic Americans in New Mexico rose 26 percent between 
2000 and 2004 after television and radio spots were aired in districts 
with Spanish-educated listeners about voter registration and absentee 
ballots. Yet more needs to be done. Historically, Hispanic Americans 
have low voter turnout and less than 1 percent of all

[[Page 14993]]

elected offices in the United States are held by Hispanic Americans.
  I was troubled during the immigration debate that the rhetoric of 
some Members of the Senate appeared to be anti-Hispanic in supporting 
the adoption of an English language amendment. Senator Salazar and I 
wrote to the President following up on this provision. We asked whether 
the President will continue to implement the language outreach policies 
of President Clinton's Executive Order No. 13166. A prompt and 
straightforward affirmative answer would have gone a long way. Sadly, 
we have received no response from this White House. I have, however, 
raised the matter when the opportunity presented itself with the 
Secretary of Commerce and the Attorney General and both have assured me 
that the Bush administration will continue to adhere to the outreach 
efforts of the Clinton Executive order.
  I understand why those efforts to amend the immigration bill to make 
English the official or national language provoked a reaction and 
seemed mean-spirited to so many. It elicited the extraordinary May 19 
letter from the League of United Latin American Citizens, the Mexican 
American Legal Defense and Educational Fund, the National Association 
of Latino Elected Officials Educational Fund, the National Council of 
La Raza and the National Puerto Rican Coalition and from a larger 
coalition of interested parties from 96 national and local 
organizations.
  Until that vote, in our previous 230 years we had not found it 
necessary or wise to adopt English as our official or national 
language. I believe it was in the Commonwealth of Pennsylvania that the 
State legislature shortly after the Revolutionary War authorized 
official publication of Pennsylvania's laws in German as well as 
English to serve the German-speaking population of that State. We have 
been a confident Nation unafraid to hear expressions in a variety of 
languages and willing to reach out to all within our borders. That 
tradition is reflected in section 203 of the Voting Rights Act and in 
President Clinton's Executive Order No. 13166. It is an honorable and 
just tradition.
  We demean our history and our welcoming tradition when we disparage 
languages other than English and those who speak them. I have spoken 
about our including Latin phrases on our official seal and the many 
States that include mottos and phrases in Latin, French and Spanish on 
their State flags. We need not fear other languages. We would do better 
to do more to encourage and assist those who wish to be citizens to 
learn English, but we should recognize English, as Senator Salazar's 
amendment suggested, as our common and unifying language.
  I hope that the President will join with us to protect language 
minority voters. As a presidential candidate, then-Governor Bush told a 
New Hampshire audience in September 1999, ``English-only would mean to 
people `me, not you.''' As the Washington Times noted recently:

       Mr. Bush speaks some Spanish and occasionally peppers 
     speeches and conversations with words and phrases from the 
     language. Speaking to a group of adults taking civics lessons 
     yesterday at the Catholic Charities-operated Juan Diego 
     Center, he lapsed into Spanish. Asked whether Mr. Bush 
     planned to drop Spanish from his stump speeches, a White 
     House spokeswoman said she does not expect that to happen.

  The White House, government agencies and a number of Senators include 
Spanish language outreach on their official government Web sites. I am 
glad that they do. Ironically, some who pushed most strongly for some 
variant of English-only treatment in the immigration bill have bent our 
rules to address the Senate in Spanish.
  We have been engaged in a contentious debate about immigrants who are 
not yet citizens, which is unfortunate. I wish we could join together 
to pass fair and comprehensive immigration reform. But the issue 
related to section 203 and section 4(f)4 of the Voting Rights Act 
affects American citizens. These provisions provide assistance to 
Native Americans and indigenous peoples, who speak languages which 
preceded the first English speakers on this continent. These are 
citizens who are trying to vote but many of them are struggling with 
the English language due to disparities in education and the 
incremental process of learning. It is imperative that all citizens be 
able to exercise their rights as citizens, particularly a right as 
fundamental as the right to vote. Renewing the language provisions of 
the Voting Rights Act that are expiring and continue to be needed, will 
help make that a reality.
  At this time I would like to summarize some of the evidence received 
by the Senate Judiciary Committee demonstrating the continuing need for 
sections 203 and 4(f)4.
  We received extensive testimony about past and continuing educational 
disparities in jurisdictions covered by section 203 and section 4(f)4. 
According to multiple witnesses, many Alaska Natives, Native Americans, 
Asian Americans and Hispanic Americans suffer from inadequate 
educational opportunities to learn English. Unfortunately, our 
Judiciary Committee record demonstrates that the high illiteracy rates 
experienced by language minorities result from the failure of State and 
local officials to afford equal educational opportunities.
  Several witnesses testified that these educational disparities are 
the major form of discrimination against language minorities. John 
Trasvina, president of MALDEF, testified, ``while they may speak 
conversational English well, these U.S. citizens may not be fully 
proficient because they were intentionally denied the academic 
instruction necessary to vote effectively in English-only elections 
that employ complicated language and terminology.'' The problem of 
unequal educational opportunities existed before the Voting Rights Act 
was passed in 1965 and continues today. Language minority children who 
were educated in the 1970s, 1980s and 1990s and given unequal education 
opportunities are the adults that today need the assistance of sections 
203 and 4(f)(4). Children who are in schools today where they receive 
unequal education will need the assistance of these provisions to fully 
participate in the political process as adults.
  Over the course of nine hearings, we heard and received testimony 
that not only are all states with the most limited English proficient 
students covered by section 203, but all the school districts with most 
limited English proficient students are also covered by section 203. 
These children will first begin to vote over the next 25 years while 
this proposed reauthorization of the Voting Rights Act is in effect, 
and they will not have had equal access to education and the 
opportunity to learn English.
  In Alaska, which has the single largest indigenous population in the 
United States, an attorney for Native American Rights Fund testified 
about the dramatic educational disparity between Native people and non-
Natives. Only 75 percent of all Alaska Natives completed high school 
compared to 90 percent of non-Natives. And still Alaska persists in 
holding all-English elections--in violation of section 203--which has 
impacted Alaska Natives' ability to vote with their turnout lagging 
behind statewide voter turnout by 17 percent.
  According to the 2000 Census, the educational attainment of Hispanic 
Americans nationally is also lacking. Only 52.4 percent of all Hispanic 
Americans have a high school education or more, compared to 80.4 
percent for all persons in the United States. Efforts to combat this 
educational disparity have resulted in dozens of lawsuits against 
states for failing to provide equal education to native and nonnative 
English speakers. We received testimony that successful school funding 
cases have been brought in half of all the section 203 covered States 
and are pending in many others. In Arizona in 2005, a Federal court 
cited the State of Arizona for contempt for failing over the course of 
the preceding 13 years to provide opportunities for Spanish-language 
students to learn English in the public schools. The court has been 
fining the State at least $500,000 a day until the problem is corrected 
and equal opportunities are provided to the 175,000 English language 
learner students estimated to be in Arizona's schools in 2006.

[[Page 14994]]

  And I personally understand the challenges of learning English as 
your second language. As I have said before, my wife was born of 
immigrant parents and English became her second language. My mother was 
born of immigrant parents, with English as her second language. 
Fortunately, they learned it as young people. But for adults learning 
English, it can be much harder.
  We received extensive testimony that classes for adult students to 
increase their English proficiency are too few and oversubscribed. 
Senator Kennedy told us that in his own section 203 covered 
jurisdiction of Boston, the waiting period for English as a second 
language, ESL, classes is 17,000 students long which translates into a 
wait of as much as 3 years. In New York City, the ESL need is estimated 
to be 1 million, but only 41,347 adults were able to enroll in 2005 
because of limited availability. It is a sad fact that most adult ESL 
programs no longer keep waiting lists because of the extreme demand, 
but use lotteries in which at least 75 percent are turned away, and the 
waiting time can be several years.
  Continuing acts of discrimination against language minorities, such 
as those contained in the committee record, chill minority voting 
participation denying these citizens equal access to the balloting 
process. We heard countless examples of the continuing discrimination 
that minority language citizens face when participating or attempting 
to participate in the political process. These experiences will no 
doubt stick with each voter for some time.
  Civil Rights organizations testified about numerous instances of 
discrimination that were documented while monitoring elections in 
covered jurisdictions in New York. For example, in the 2001 elections 
at Public School 228, a polling site coordinator, trying to thwart 
bilingual interpreters from performing their duties, yelled ``You f---
ing Chinese, there's too many of you!'' In 2002, at Public School 82 
and at the Botanical Garden, some of the comments made to Asian-
American voters included poll workers calling South Asian voters 
``terrorists'' and mocking the physical features of Asian eyes. While 
monitoring the 2003 elections, independent observers reported that in 
Public School 126 in Manhattan's Chinatown, poll inspectors ridiculed a 
voter's surname--Ho; in Public School 115 in Queens, disparaging 
remarks were directed at South Asian voters, with one coordinator 
continuously referring to herself as a ``U.S. citizen'' and that she, 
unlike them, was ``born here'' and that the other workers needed to 
``keep an eye'' on all South Asian voters; at Flushing Bland Center in 
Queens, the site coordinator complained that Asian-American voters 
``should learn to speak English.''
  During the 2004 election, a Hispanic voter in San Antonio, TX, was 
told by an election judge that she was not on a voter registration list 
and could not cast a provisional ballot, despite the recently enacted 
Help America Vote Act which provides for provisional ballots in such 
situations. She and her family had been voting at the same polling 
station for over 20 years. The election judge refused to unlock the 
provisional ballot box until a Mexican American Legal Defense and 
Education Fund--MALDEF--attorney arrived and negotiated on behalf of 
the voter.
  And the House of Representatives received equally disturbing 
testimony which was incorporated into our own Record. In 2003, the 
chairman of the Texas House Redistricting Committee stated that he did 
not intend to hold redistricting hearings in the Rio Grande Valley in 
South Texas, where many U.S. citizens are limited English proficient 
Spanish speakers, because only two members of the Redistricting 
Committee spoke Spanish. Chairman Crabb stated that the members of the 
committee who did not speak Spanish ``would have a very difficult time 
if we were out in an area other than Austin or other English speaking 
areas to be able to have committee hearings to be able to converse with 
the people that did not speak English.'' Many citizens living in areas 
of Texas with high concentrations of limited English proficient 
citizens would have been excluded from participating in local 
Redistricting Committee hearings had Hispanic advocates not interceded 
on their behalf. In another part of the country, due to a lack of 
sufficient bilingual ballots, Hispanic voters in Pima County, AZ, were 
forced to crowd around one translated poster of more than a dozen 
initiatives left in a poorly lit area during the 2004 elections.
  Sadly, these examples are not isolated incidents of discrimination. 
Assistant Attorney General Wan Kim testified that the Department of 
Justice has brought more lawsuits to enforce the language minority 
provisions of the Voting Rights Act in the previous 5 years than in all 
previous years combined. These facts and all the other testimony we 
received in Committee clearly demonstrate the ongoing need for section 
203's protections and the need that we reauthorize these provisions of 
the Voting Rights Act.
  Of course there are critics. There are critics who say that the 
language assistance provisions in the Voting Rights Act should be 
eliminated entirely because immigrants must learn English to pass the 
citizenship test and therefore should be able to vote in English. This 
argument is unsound for two reasons.
  First, we received overwhelming testimony that the level of English 
proficiency required to pass a citizenship test does not approach the 
level of proficiency required to register to vote or to understand 
ballot measures. Naturalization requires a third or fourth grade 
knowledge of English. Sample test sentences on the Immigration and 
Naturalization Services Web site reveal that no sentence is more than 
10 words long and most are seven or less, containing one or two 
syllable words. In addition, most candidates for citizenship are exempt 
from the English language requirements of the citizenship test because 
they are over the age of 50. Between 1986 and 2004, 9,055,732 people 
were naturalized of which 4,925,553 or 54 percent were over the age of 
50.
  Voting requires English proficiency at levels much higher than the 
citizenship test. A survey of voter registration materials reported on 
the Warren Institute on Race, Ethnicity and Diversity, admitted into 
our Record, found the English grade level of the materials just to 
register to vote was much higher than third or fourth grade knowledge. 
In Texas, a ``covered jurisdiction'' for section 203 purposes, the 
voter registration material required nearly a twelfth grade English 
comprehension for completion with an average of 21 words per sentence. 
The situation is similar in Arizona--ninth grade level with 15 words 
per sentence--California, college freshman level with 22 words per 
sentence, and New Mexico, twelfth grade level with 19 words per 
sentence. This survey only covers materials required to register to 
vote. We also heard testimony about the complexity of actually casting 
votes on ballot initiatives and directions to operate voting machines 
as examples of other English language barriers to language minority 
voters. Ballot initiatives are often long and complicated requiring 
high school level education or higher. Deborah Wright, Acting Assistant 
Registrar-Recorder and County Clerk for Los Angeles County, testified 
that written translations are provided in L.A. County because of the 
complex nature of the issues facing the voters in that state.
  Complex ballots are not limited to California. We received evidence 
of numerous examples. Perhaps the one that struck me the most was a 
2004 Fargo, ND, election ballot, where a single question concerning tax 
increases for infrastructure improvement was one sentence which 
contained 150 words written at the graduate school level.
  Second, most language minorities protected by the Voting Rights Act 
are United States citizens by birth. The vast majority of language 
minorities are not immigrants. In fact, 3.4 million of the 4.5 million 
language minority students in the public schools are native-born U.S. 
citizens. Hispanic Americans are the single largest minority group 
covered by Sections 203 and 4(f)(4). According to 2000 Census data, 
84.2 percent of all Hispanic American citizens in the United States 
were born

[[Page 14995]]

here. Nearly half of the 11.9 million Asian Americans citizens in the 
United States were born here. Further, 98.6 percent of all Puerto Rican 
persons in the United States are native born and the language of Puerto 
Rican public schools is Spanish with English taught as a subject.
  The committee received testimony that although there are costs 
associated with implementing the minority language assistance 
provisions, they are reasonable. Los Angeles, the largest and most 
diverse local election jurisdiction in the United States, provides 
assistance to voters in six languages other than English, and its 
compliance with section 203 requirements costs 10 percent or less of 
its annual election budget. And the Secretary of State for New Mexico 
testified before the House Judiciary Committee characterizing the costs 
of complying with section 203 as, ``a minimal cost to the State of New 
Mexico.''
  One witness testified that she believed the costs of section 203 to 
be extremely burdensome. Linda Chavez, president of One Nation 
Indivisible, testified that Los Angeles County spent $3.3 million in 
2002 to comply with section 203, which she thought was too much to ask 
the County to bear. However, as Deborah Wright's testimony on behalf of 
Los Angeles County made clear this number is a small percentage of the 
overall election budget, and is proportional to the 12.9 million 
limited English proficient voters in her jurisdiction. Ms. Chavez also 
alleged that ``[f]requently the cost of multilingual voter assistance 
is more than half of a jurisdiction's total election costs,'' citing a 
1997 General Accounting Office report. However, a close look at that 
GAO report shows that only 3 out of the 34 jurisdictions surveyed spent 
over 50 percent of their total election budget on multilingual voter 
assistance. Contrary to Ms. Chavez's testimony, the report reveals that 
the costs of providing language assistance made up, on average, a 
little over 10 percent of total expenditures. Ensuring full access to 
American's right to vote certainly is worth this reasonable cost.
  For jurisdictions that struggle with the costs of implementing 
sections 203 or 4(f)(4), the Department of Justice, DOJ, provides 
commendable assistance in managing the costs. Acting Assistant Attorney 
General Bradley Schlozman testified that ``the Civil Rights Division 
recognizes, of course, that States and municipalities do not have 
unlimited budgets, and we have thus designed our enforcement strategy 
to minimize unnecessary costs for local election officials.''
  The DOJ urges covered jurisdictions to avoid costly and unhelpful 
expenditures such as publishing Spanish language notices in English 
language newspapers that are not read by those who rely on the Spanish 
language. Election officials are encouraged to identify the most 
effective and efficient channels of communication that are used by 
private enterprise, service providers, tribal governments, and the like 
to get information effectively to the language minority community at 
low cost.
  The DOJ also encourages the use of fax and e-mail ``information 
trees,'' whereby bilingual election notices are sent at no cost to a 
wide array of businesses, unions, social and fraternal organizations, 
service providers, churches and other organizations with a request that 
these entities make announcements or otherwise disseminate the 
information to their membership's language minority voters. And the DOJ 
has incorporated ``best practices'' from around the country to help 
jurisdictions recruit sufficient numbers of bilingual poll workers. As 
a consequence of the testimony submitted on costs of implementation, we 
determined that costs are both reasonable and manageable.
  There has been some discussion about allegations that in some 
jurisdictions no one uses the translated materials, but we also 
received hard research showing that limited English proficient citizens 
utilize the written and oral assistance offered in jurisdictions, but 
must be made aware it exists. According to a November 2000 exit survey 
of language minority voters in Los Angeles and Orange Counties in 
California, 54 percent of Asian and Pacific Islander voters and 46 
percent of Hispanic voters reported that they would be more likely to 
vote if they received language assistance. These numbers are consistent 
with other exit surveys done in the same counties in March 2000 and 
November 1998.
  Examples of ``low use'' of bilingual election materials are not 
evidence that bilingual materials are not needed. ``Low use'' more 
likely suggests that a jurisdiction is not conducting sufficient 
outreach to the communities that would most benefit. In a survey of 810 
section 203 covered jurisdictions, nearly two-thirds of election 
officials admitted they do not engage in community outreach to covered 
language groups. How are people supposed to know the help is there, if 
there is no community outreach? We can, and we must do better.
  I am nonetheless happy to report, that when sufficient outreach to 
language minorities is accomplished, materials are being used to assist 
in voting according to evidence received in Committee. In the 1990 
general election, bilingual assistance was used by 25 percent of 
Hispanic voters in the State of Texas, and 18 percent of Hispanic 
voters in the State of California. In the 1988 general election, 
bilingual assistance was used by 20 percent of Hispanic voters in the 
State of New Mexico, 19 percent of Hispanic voters in the State of 
Texas, and 10 percent of Hispanic voters in the State of California.
  Being from a small state, I know the importance and the power of 
community involvement, but perhaps the best evidence we heard that 
shows the power of community outreach was the experience of Chinese-
American voters in King County, WA, which includes the city of Seattle. 
One witness who urged an opt-out provision in section 203 for low use 
cited King County's experience in 2000, the first year it became a 
covered jurisdiction for voters who speak Chinese. That year, according 
to the witness, only 24 Chinese ballots were used, demonstrating that 
ballots were not needed. But that is not the full story. The real story 
is that after that election, officials in King County worked with 
Chinese-American community organizations and increased the publicity 
about the availability of bilingual election materials. In 2005, the 
number of requested Chinese ballots increased by more than 5,800 
percent. It shows the power of community outreach cannot be overstated.
  Much has been made by some witnesses in committee, and even in the 
press, that any provision of bilingual election materials contribute to 
the balkanization of American society. Research offered in committee 
shows this allegation to be faulty. On the contrary, making bilingual 
election materials available has encouraged more language minorities to 
participate in all political aspects of American society. After the 
section 203 coverage was expanded to include a numeric trigger during 
the last reauthorization, the number of Asian Americans registered to 
vote increased dramatically. Between 1996 and 2004, Asian Americans had 
the highest increase of new voter registration--58.7 percent. And we 
received testimony that in districts where the Department of Justice 
has conducted enforcement ensuring bilingual election materials, 
participation not only in voting but in running for political office 
has increased. After an enforcement proceeding in Harris County, TX, 
the Vietnamese-American voter turnout doubled, and the first 
Vietnamese-American candidate in history, Hubert Vo, was elected to the 
Texas Legislature--defeating the incumbent chair of the Appropriations 
Committee by 16 votes out of over 40,000 cast.
  These voting rights provisions work--they tell new citizens and 
citizens by birth who may not always feel they are afforded all of the 
opportunities they deserve that they are welcome to join our political 
process. They help new citizens and first time voters to overcome 
cultural differences

[[Page 14996]]

which further contribute to disenfranchisement for limited English 
proficient citizens who are often unfamiliar with the American voting 
process and do not know about registration, referenda and voting 
machines. The charge of ``balkanization,'' as one witness put it is ``a 
loaded term of mythical proportions that has absolutely no basis in 
fact, and is used as a divisive measure.'' Based on the evidence we 
received, it is clear that the provisions of Sections 203 and 4(f)(4) 
have led to increased participation and representation. These 
provisions, that caused significant problems in the House of 
Representatives, have enabled language minorities to overcome what are 
tantamount to literacy tests at the polling place so that they can 
access their fundamental right to vote. Section 203 and section 4(f)4 
of the Voting Rights Act must be reauthorized.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                      TRIBUTE TO JONATHON SOLOMON

 Mr. LIEBERMAN. Mr. President, today in Fort Yukon, people from 
all over the State of Alaska and the country will come together to 
celebrate the life of a remarkable leader of the Gwich'in Nation, 
Jonathon Solomon, who passed away last week at the age of 74.
  As traditional chief of Fort Yukon, and chairman of the Gwich'in 
Steering Committee, Jonathon was a tireless advocate for the Gwich'in 
people. Born in Fort Yukon, he was raised to live a traditional 
subsistence lifestyle, and his upbringing directly influenced his 
passion and work throughout his life. Although Jonathon fought for many 
issues on behalf of the Gwich'in, his life's passion was the protection 
of the porcupine caribou herd and their birthing grounds on the coastal 
plain of the Arctic National Wildlife Refuge. Jonathon's efforts to 
protect the Arctic Refuge began in 1978, as the Alaska National 
Interest Lands Conservation Act was first being negotiated and he 
continued this work determinedly throughout his entire life. Among his 
many accomplishments, he led the 7-year effort to negotiate the U.S.-
Canada agreement to protect the porcupine caribou herd and its habitat, 
signed July 1987, and was one of the chief organizers of the first 
Gwich'in gathering in 1988, which led to the creation of the Gwich'in 
Steering Committee. It was at this meeting in 1988, that the Gwich'in 
first came together as a nation to pass a resolution calling for 
permanent protection of the caribou calving and nursery grounds as 
congressionally designated wilderness.
  Jonathon's work took him all over the country, including to 
Washington, DC, where on numerous occasions he spoke to Members of 
Congress and their staffs about the importance of protecting the Arctic 
Refuge. Throughout his life, Jonathon was an inspiration to all who 
knew him. He represented the Gwich'in people with dignity, devotion and 
respect. While we mourn his loss, I know that his energy will live on 
in all of us who carry on the fight to protect the Arctic Refuge and 
other places throughout the country that are special to all of 
us.

                          ____________________




                        MESSAGES FROM THE HOUSE

                                 ______
                                 

                          ENROLLED BILL SIGNED

  At 9:32 a,m., a message from the House of Representatives, delivered 
by Mr. Hays, one of its reading clerks, announced that the Speaker has 
signed the following enrolled bills:

       S. 3504. An act to amend the Public Health Service Act to 
     prohibit the solicitation or acceptance of tissue from 
     fetuses gestated for research purposes, and for other 
     purposes.
       H.R. 42. An act to ensure that the right of an individual 
     to display the flag of the United States on residential 
     property not be abridged.
       H.R. 810. An act to amend the Public Health Service Act to 
     provide for human embryonic stem cell research.

  The enrolled bills were subsequently signed by the President pro 
tempore (Mr. Stevens).
                                  ____

  At 2:58 p.m., a message from the House of Representatives, delivered 
by Mr. Hays, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 860. An act to provide for the conveyance of the 
     reversionary interest of the United States in certain lands 
     to the Clint Independent School District, El Paso County, 
     Texas.
       H.R. 4962. An act to designate the facility of the United 
     States Postal Service located at 100 Pitcher Street in Utica, 
     New York, as the ``Captain George A. Wood Post Office 
     Building''.

  The message also announced that the House has agreed to the following 
concurrent resolutions, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 435. Concurrent resolution congratulating 
     Israel's Magen David Adom Society for achieving full 
     membership in the International Red Cross and Red Crescent 
     Federation, and for other purposes.
       H. Con. Res. 438. Concurrent resolution expressing the 
     sense of the Congress that continuation of the welfare 
     reforms provided for in the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 should remain a 
     priority.

  The message further announced that the House has agreed to the 
following concurrent resolution, without amendment:

       S. Con. Res. 108. Concurrent resolution authorizing the 
     printing of a revised edition of a pocket version of the 
     United States Constitution, and other publications.

                          ____________________




                          ENROLLED BILL SIGNED

  At 7:22 p.m., a message from the House of Representatives, delivered 
by Mr. Hays, one of its reading clerks, announced that the Speaker has 
signed the following enrolled bill:

       H.R. 5117. An act to exempt persons with disabilities from 
     the prohibition against providing section 8 rental assistance 
     to college students.

                          ____________________




                           MEASURES REFERRED

  The following bills were read the first and the second times by 
unanimous consent, and referred as indicated:

       H.R. 860. An act to provide for the conveyance of the 
     reversionary interest of the United States in certain lands 
     to the Clint Independent School District, El Paso County, 
     Texas; to the Committee on Foreign Relations.
       H.R. 4962. An act to designate the facility of the United 
     States Postal Service located at 100 Pitcher Street in Utica, 
     New York, as the ``Captain George A. Wood Post Office 
     Building''; to the Committee on Homeland Security and 
     Governmental Affairs.

  The following concurrent resolutions were read, and referred as 
indicated:

       H. Con. Res. 435. Concurrent resolution congratulating 
     Israel's Magen David Adom Society for achieving full 
     membership in the International Red Cross and Red Crescent 
     Federation, and for other purposes; to the Committee on 
     Foreign Relations.
       H. Con. Res. 438. Concurrent resolution expressing the 
     sense of the Congress that continuation of the welfare 
     reforms provided for in the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 should remain a 
     priority; to the Committee on Finance.

                          ____________________




                        ENROLLED BILL PRESENTED

  The Secretary of the Senate reported that on today, July 19, 2006, 
she had presented to the President of the United States the following 
enrolled bill:

       S. 3504. An act to amend the Public Health Service Act to 
     prohibit the solicitation or acceptance of tissue from 
     fetuses gestated for research purposes, and for other 
     purposes.

                          ____________________




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-347. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii relative to the 
     authorization and appropriation of funds to allow all members 
     of the armed forces reserve component to access the TRICARE 
     program; to the Committee on Armed Services.

                  Senate Concurrent Resolution No. 147

       Whereas, Army National Guard members are fulfilling 
     commitments in Iraq, Afghanistan, Bosnia, and the Sinai, with 
     members of the Hawaii Army National Guard having recently 
     served in Iraq and Afghanistan; and
       Whereas, presently almost half of all service personnel 
     deployed in Iraq are members

[[Page 14997]]

     of the reserve components of the United States armed forces, 
     including members of the National Guard and Army, Navy, Air 
     Force, and Marine Corps Reserves; and
       Whereas, under present law, for every ninety day period on 
     active duty, a member of the reserve component receives one 
     year of cost-share TRICARE health benefits if the member 
     agrees to serve that year with a reserve component; and
       Whereas, while well-intentioned, this measure does not go 
     far enough to solve the problem of medical readiness that 
     exists in the reserve component and can affect the 
     mobilization and deployment of intact reserve component 
     units; now, therefore, be it
       Resolved by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, that the Congress of the United 
     States is urged to authorize and appropriate funds to allow 
     all members of the reserve component to access TRICARE health 
     benefit coverage on a cost-share basis, without restrictions; 
     and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, the Secretary of Defense, members of 
     Hawaii's congressional delegation, the Governor, and the 
     Adjutant General.
                                  ____

       POM-348. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to require a 
     minimum time period for a business to refund an unauthorized 
     overcharge on a debit card; to the Committee on Banking, 
     Housing, and Urban Affairs.

                  House Concurrent Resolution No. 208

       Whereas, businesses across the Nation engage in the unfair 
     trade practice of overcharging a debit cardholder's account 
     for more than the sales price of goods or services without 
     the cardholder's knowledge and consent; and
       Whereas, this practice causes financial harm to debit 
     cardholders by the assessment of overdraft fees and inability 
     to access funds depleted by the overcharged amount; and
       Whereas, legislation requiring a minimum time period for 
     refunds by businesses who overcharge a debit cardholder's 
     account without permission should be enacted: Now, therefore, 
     be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to require a minimum time period for refunds 
     by businesses who overcharge a debit cardholder's account 
     without permission; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-349. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to urging and requesting the attorney general and 
     the legislative auditor to continue to pursue all options 
     necessary to permit the state to have an accurate accounting 
     of assistance for which the state is required to pay a 
     portion of the costs and urging and requesting the Louisiana 
     congressional delegation to support such efforts; to the 
     Committee on Banking, Housing, and Urban Affairs.

                  House Concurrent Resolution No. 170

       Whereas, the Federal Emergency Management Agency has 
     requested a combined payment of almost one hundred fifty-six 
     million dollars for the state's twenty-five percent share of 
     the six hundred twenty-three million dollars spent through 
     November 30, 2005, for Other Needs Assistance to one hundred 
     eighty-one thousand Louisiana citizens affected by Hurricanes 
     Katrina and Rita; and
       Whereas, 44 CFR 206.16 requires the FEMA associate director 
     or regional director to conduct audits and investigations as 
     necessary to assure compliance with the Stafford Act and, for 
     purposes of such audits and investigations, authorizes FEMA 
     or state auditors, the governor's authorized representative, 
     the regional director, the associate director, and the 
     comptroller general of the United States, or their duly 
     authorized representatives to inspect any books, documents, 
     papers, and records of any person relating to any activity 
     undertaken or funded under the Stafford Act; and
       Whereas, Attorney General Charles Foti and Legislative 
     Auditor Steve Theriot sent letters dated February 7, 2006, 
     and February 17, 2006, requesting pursuant to 44 CFR 216.16, 
     206.62(b), and 206.64, source documentation which will allow 
     the legislative auditor to g1ve assurance to the leaders of 
     the state of Louisiana that these monies are, in fact, owing, 
     and due: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the attorney general and the legislative 
     auditor to continue to pursue all options necessary to permit 
     the state to have an accurate accounting of assistance for 
     which the state is required to pay a portion of the costs and 
     to urge and request the Louisiana congressional delegation to 
     support such efforts; be it further
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the members of the Louisiana congressional 
     delegation to support the efforts of the attorney general and 
     the legislative auditor to permit the state to have an 
     accurate accounting of money the Federal Emergency Management 
     Agency claims the state owes; be, it further
       Resolved, That copies of this Resolution be transmitted to 
     the attorney general, the legislative auditor, each member of 
     the Louisiana congressional delegation, and the acting 
     director of the Federal Emergency Management Agency.
                                  ____

       POM-350. A concurrent memorial adopted by the Senate of the 
     Legislature of the State of Arizona relative to rejecting 
     attempts to lower the mortgage index deduction in the 
     Internal Revenue Code; to the Committee on Banking, Housing, 
     and Urban Affairs.

                  Senate Concurrent Memorial No. 1003

       Whereas, it has been the federal tax policy since the 
     inception of the Internal Revenue Code to encourage home 
     ownership; and
       Whereas, the real estate industry generates 15 to 18 per 
     cent of the gross domestic product, and the housing market 
     has been the most vibrant sector of our state and national 
     economies in the past five years, fueling much of the 2001-
     2002 economic recovery; and
       Whereas, home ownership in Arizona and the United States is 
     at record levels with more than 70 percent of families owning 
     their own homes; and
       Whereas, homes are the foundations of our culture, the 
     basis for our community life and the bedrock value of the 
     American dream; and
       Whereas, with a low national savings rate and the impending 
     retirement of the baby boom generation, home ownership and 
     its resulting equity growth is in itself a method of savings 
     and capital formation and should be encouraged; and
       Whereas, the capital invested in housing and the equity it 
     generates should be preserved for families and is generally 
     the prime savings choice for lower and middle income 
     Americans; and
       Whereas, real estate and home ownership is almost always 
     acquired with debt of some sort; and
       Whereas, the current $1 mi1lion cap on mortgage 
     indebtedness as a measure of allowable mortgage interest 
     deductions was adopted nearly 20 years ago in 1987 and has 
     not been indexed for inflation; and
       Whereas, the Tax Reform Act of 1986 provided ample evidence 
     that when the tax benefits associated with real estate 
     ownership are curtailed, the value of real estate declines; 
     and
       Whereas, the President's Advisory Panel on Tax Reform has 
     suggested lowering the cap on mortgage interest deductions; 
     and
       Whereas, any change in lowering the mortgage cap would 
     cause a government-created collapse of housing prices, wiping 
     out equity and wealth for millions of working families across 
     this nation; and
       Whereas, any change in lowering the mortgage cap would 
     create a further barrier to home ownership for young families 
     by diminishing the savings families could have in their homes 
     and would lead to a decline in the homeownership rate.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the United States Congress reject any attempt to 
     lower the mortage index deduction in the Internal Revenue 
     Code.
       2. That the United States Congress enact legislation 
     raising the current mortgage cap and index it for inflation.
        3. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-351. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     providing funding for local housing authorities located in 
     Vermilion Parish which were impacted by Hurricane Rita; to 
     the Committee on Banking, Housing, and Urban Affairs.

                  Senate Concurrent Resolution No. 74

       Whereas, the parish of Vermilion was severally impacted by 
     the devastation and destruction inflicted by Hurricane Rita; 
     and
       Whereas, the availability of safe and secure housing 
     remains the greatest need for residents impacted by the 
     hurricane; and
       Whereas, in many areas of Vermilion Parish, nearly 100 
     percent of the available public housing units were either 
     destroyed or rendered unlivable; and
       Whereas, in addition to those areas which were directly 
     impacted by the devastation caused by Hurricane Rita, 
     numerous other communities in Vermilion Parish have been 
     indirectly impacted as Louisiana residents have relocated and 
     are in search of safe, secure, and affordable housing; and
       Whereas, the shortage of such public housing is an 
     immediate need that must be addressed prior to the start of 
     the 2006 hurricane season; and
       Whereas, in order to meet these housing needs, additional 
     federal funds must be appropriated in order to construct and 
     repair

[[Page 14998]]

     public housing units located in Vermilion Parish; and
       Whereas, public housing authorities located in Vermilion 
     Parish are poised to purchase additional property in order to 
     locate and construct essential housing for the citizens of 
     Louisiana; and
       Whereas, the Congress of the United States must immediately 
     address the significant public housing shortage being 
     experienced by the parish of Vermilion: Therefore be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to provide funding for 
     local housing authorities located in Vermilion Parish which 
     were impacted by Hurricane Rita; and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-352. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     reconsidering the decision to exclude Plaquemines Parish from 
     the federal plan to invest $2.5 billion for levee re-
     enhancement in south Louisiana; to the Committee on Banking, 
     Housing, and Urban Affairs.

                  Senate Concurrent Resolution No. 83

       Whereas, as the southernmost land area of Louisiana, 
     Plaquemines Parish creates a corridor surrounding the 
     Mississippi River as it flows to the Gulf of Mexico and the 
     peninsula of saltwater marshes and estuaries forms the rich 
     delta of the river; and
       Whereas, Plaquemines Parish is the operational center for 
     the offshore oil and gas industry, its port and harbor 
     terminal district is sought after as the coal exporting 
     capital of Louisiana, and the area provides a substantial 
     portion of the state's shrimping industry, the nation's 
     largest, and its commercial fishing is second only to Alaska; 
     and
       Whereas, the parish's location and geographical structure 
     are vital to Louisiana and the nation as a buffer for 
     tropical storms and hurricanes as without Plaquemines Parish, 
     Hurricane Katrina would have advanced directly into New 
     Orleans with no protection; and
       Whereas, Hurricane Katrina washed away 57 square miles of 
     the Plaquemines coastline, destroyed barrier islands that 
     once protected the region from storms, and severely damaged 
     levees on both east and west banks of the parish; and
       Whereas, while Katrina-damaged levees will be ``repaired,'' 
     President Bush has announced he will not seek the $1.6 
     billion needed to ``upgrade'' levees in the southern half of 
     Plaquemines Parish and it has been proposed to exclude 
     Plaquemines Parish from the $2.5 billion levee re-enhancement 
     in south Louisiana pending further study on cost 
     effectiveness; and
       Whereas, the Legislature of Louisiana opposes this 
     exclusion and urges the reconsideration of all of Plaquemines 
     Parish as a top priority in the proposed levee upgrades for 
     south Louisiana: therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to reconsider the decision 
     to exclude Plaquemines Parish from the federal plan to invest 
     $2.5 billion for levee re-enhancement in south Louisiana; and 
     be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-353. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to extend 
     Louisiana's seaward boundary in the Gulf of Mexico to twelve 
     geographical miles; to the Committee on Energy and Natural 
     Resources.

                  House Concurrent Resolution No. 205

       Whereas, Louisiana's seaward boundary in the Gulf of Mexico 
     has been judicially determined to be three geographical 
     miles, and the United States has jurisdiction outside of 
     three geographical miles; and
       Whereas, Congress has the power to amend the Submerged 
     Lands Act of 1953 to provide that Louisiana's seaward 
     boundary extends twelve geographical miles into the Gulf of 
     Mexico; and
       Whereas, Louisiana acts as a significant energy corridor 
     vital to the entire United States and provides intersections 
     of oil and natural gas intrastate and interstate pipeline 
     networks, which serve as references for futures markets, such 
     as the Henry Hub for natural gas, the St. James Louisiana 
     Light Sweet Crude Oil, and the Mars Sour Crude Oil contracts; 
     and
       Whereas, Louisiana provides storage for the nation's 
     Strategic Petroleum Reserve and is the home of the nation's 
     major import terminal for foreign oil, known as the Louisiana 
     Offshore Oil Port; and
       Whereas, Louisiana and its coastal wetlands provide access 
     to nearly thirty-four percent of the United States natural 
     gas supply and nearly twenty-nine percent of the United 
     States oil supply; and
       Whereas, the United States' economic growth depends on 
     access to stable supplies of oil and natural gas; and
       Whereas, Louisiana ranks first in crude oil production, 
     including the outer continental shelf production, and ranks 
     second in natural gas production, including the outer 
     continental shelf production; and
       Whereas, in 2001, the state of Louisiana received only one-
     half of one percent of the federal oil and gas revenues from 
     its coast; and
       Whereas, Hurricanes Katrina and Rita have shown that the 
     loss of vital oil and gas infrastructure in Louisiana and the 
     Gulf of Mexico has an immediate and direct impact upon the 
     economy and well-being of the entire country and its 
     citizens; and
       Whereas, the hurricanes shut-in approximately fifty-three 
     percent of the daily oil production in the Gulf of Mexico and 
     shut-in approximately forty-seven percent of the daily gas 
     production in the Gulf of Mexico; and
       Whereas, for the time period of August 26, 2005, through 
     November 3, 2005, the cumulative shut-in of oil production 
     was approximately fourteen percent of the yearly oil 
     production in the Gulf of Mexico, and the cumulative shut-in 
     of gas production was approximately eleven percent of the 
     yearly gas production in the Gulf of Mexico; and
       Whereas, due to Hurricanes Katrina and Rita, Louisiana has 
     suffered loss of life and tremendous devastation to its 
     economy, its citizens, infrastructure, and coastal landscape; 
     and
       Whereas, the state has provided ten million dollars from 
     our Rapid Response Fund for short-term, interest-free loans 
     to struggling businesses and granted the full Interim 
     Emergency Fund in the amount of sixteen million dollars to 
     local governments in order for the governments' vital 
     services to operate; and
       Whereas, Louisiana has paid out approximately three hundred 
     million dollars in unemployment benefits to hurricane-
     affected employees; and
       Whereas, Louisiana has established a Rainy Day Fund that is 
     worth approximately four hundred sixty million dollars, and 
     the state is in the process of using at least one-third of 
     this fund to balance the state budget; and
       Whereas, in this regular session the Louisiana Legislature 
     along with the governor are considering other options for 
     balancing the budget, increasing revenues, and funding the 
     massive cleanup, rebuilding, and restoration of southern 
     Louisiana; and
       Whereas, Hurricanes Katrina and Rita turned approximately 
     one hundred square miles of southeast Louisiana coastal 
     wetlands into open water and destroyed more wetlands east of 
     the Mississippi River in one month than experts estimated 
     would be lost in over forty-five years; and
       Whereas, monies are desperately needed to fund the state's 
     cleanup, rebuilding, and restoration of southern Louisiana; 
     and
       Whereas, the state of Louisiana and its citizens are in a 
     financial crisis; and
       Whereas, in order to rebuild the state of Louisiana and 
     protect its citizens, the state needs a significant, 
     consistent, and ongoing stream of revenue: and
       Whereas, the extension of Louisiana's seaward boundary into 
     the Gulf of Mexico for twelve geographical miles will provide 
     such stream of revenue; therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to extend Louisiana's seaward boundary in 
     the Gulf of Mexico to twelve geographical miles; and be it 
     further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-354. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Kansas 
     relative to urging the federal government to lift the 
     moratorium on offshore drilling for oil and natural gas; to 
     the Committee on Energy and Natural Resources.

          Substitute for House Concurrent Resolution No. 5030

       Whereas, policies of the federal government have placed 
     much of the coastal Outer Continental Shelf off limits to oil 
     and natural gas production; and Whereas, development of oil 
     and natural gas resources, where allowed off our shores, has 
     coexisted for decades with recreational and commercial 
     activities while benefiting the entire nation; and
       Whereas, offshore oil and natural gas operations have a 
     long history of environmentally sensitive and safe 
     performance; and
       Whereas, offshore development of oil and natural gas has 
     provided needed supplies of American energy, generated 
     substantial local, state and federal revenues and created 
     thousands of jobs and economic development; and
       Whereas, America's increased dependence on foreign energy 
     supplies and global competition for oil and natural gas will 
     create a threat to our national security; and

[[Page 14999]]

       Whereas, the nation's farming and ranching sector depend on 
     a reliable and affordable supply of energy to run equipment, 
     fertilize crops and transport products to market; and
       Whereas, the Economic Research Service of the United States 
     Department of Agriculture estimates that farmers' fuel 
     expenses for 2005 will have exceeded their 2004 fuel expenses 
     by 41 percent, and higher energy prices mean increased costs 
     to farmers and ranchers, who already face tremendous economic 
     challenges; and
       Whereas, the fertilizer industry depends on natural gas, 
     and since 2002, 36 percent of the U.S. fertilizer industry 
     has been shut down or mothballed and the industry has been 
     forced to move production to other countries, creating a 
     threat to our food security; and
       Whereas, the Energy Information Administration of the 
     United States Department of Energy projects that the average 
     residential customer this winter will spend approximately 48 
     percent more on natural gas than last winter, creating a 
     serious hardship for those who lived on a fixed or limited 
     income, especially senior citizens; and
       Whereas, today, the Outer Continental Shelf represents one 
     of the brightest spots in terms of potential United States 
     energy resources: now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Kansas, the Senate concurring therein: That the State of 
     Kansas urges the Minerals Management Service of the United 
     States Department of Interior to include all Outer 
     Continental Shelf planning areas in its proposed five-year 
     plan for 2007 through 2012 and approve the broadest possible 
     plan for offshore development; and be it further
       Resolved, That the Secretary of State is directed to send 
     enrolled copies of this resolution to the United States 
     Secretaries of Commerce, Interior and Energy, and to the 
     administrators of the Minerals Management Service, Federal 
     Energy Regulatory Commission, National Oceanic and 
     Atmospheric Administration, and the Environmental Protection 
     Agency, and to the President and Congressional leadership, 
     and to each member of the Kansas congressional delegation.
                                  ____

       POM-355. A resolution adopted by the Senate of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     providing funding to the National Park Service to expedite 
     repairs of damage caused by vandalism at Gettysburg National 
     Military Park and urging the National Park Service to work 
     with Federal, State and local law enforcement officials to 
     apprehend and prosecute to the fullest extent available under 
     statute the perpetrators of the vandalism; to the Committee 
     on Energy and Natural Resources.

                        Senate Reslution No. 232

       Whereas, on February 15, 2006, unknown individuals 
     vandalized three Civil War monuments and stole a 120-year-old 
     sword at the Gettysburg National Military Park; and
       Whereas, the individuals desecrated the monument for the 
     4th New York Battery, also known as ``Smith's Battery,'' 
     which was dedicated on July 2, 1888; and
       Whereas, a bronze statue of a Zouave infantryman was pulled 
     from the pedestal of the 114th Pennsylvania Volunteer 
     Infantry Monument, which was dedicated on July 2, 1886; and
       Whereas, the top stone and sculpture of the 11th 
     Massachusetts Volunteer Infantry Monument, dedicated on 
     October 8, 1885, was dislodged and its sword taken; and
       Whereas, the Battle of Gettysburg on July 1 through 3, 
     1863, represents a pivotal point in the history of the United 
     States in which thousands of men lost their lives and the 
     reunification of our nation was ultimately ensured; and
       Whereas, in the cemetery of Gettysburg, President Abraham 
     Lincoln delivered one of the most historic and enduring 
     speeches in American history; and
       Whereas, the Gettysburg National Military Park and its 
     cemetery, monuments and memorials are a treasured and 
     sanctified landmark for the Commonwealth of Pennsylvania and 
     the nation, honoring the men who fought valorously and who 
     made the ultimate sacrifice; and
       Whereas, the acts of vandalism are a malicious and heinous 
     attack on the sanctity of the Gettysburg National Military 
     Park and the memory of the men who fought there; therefore be 
     it
       Resolved, That the Senate of the Commonwealth of 
     Pennsylvania memorialize the Congress of the United States to 
     provide funding to the National Park Service to expedite 
     repairs of damage caused by vandalism at Gettysburg National 
     Military Park and urge the National Park Service to work with 
     Federal, State and local law enforcement officials to 
     apprehend and prosecute to the fullest extent available under 
     statute the perpetrators of the vandalism; and be it further
       Resolved, That a copy of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-356. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to provide 
     hurricane tidal flood protection to south Louisiana, 
     including requiring the United States Army Corps of Engineers 
     to evaluate both federal and nonfederal tidal levees in south 
     Louisiana, to consider adding nonfederal tidal levees into 
     the federal program, and to fully fund upgrading hurricane 
     tidal flood protection in south Louisiana; to the Committee 
     on Environment and Public Works.

                  House Concurrent Resolution No. 182

       Whereas, as a result of the massive flooding suffered by 
     the citizens in Orleans, Plaquemines, and St. Bernard 
     parishes due to the overtopping of levees and levee breaches 
     during Hurricanes Katrina and Rita, the issue and challenge 
     of providing hurricane tidal flood protection for south 
     Louisiana has gotten the attention of the nation; and
       Whereas, not only were Orleans, Plaquemines, and St. 
     Bernard parishes flooded as a result of the hurricane tidal 
     surge, massive flooding was also prevalent in smaller 
     communities in Terrebonne and Lafourche parishes; and
       Whereas, the United States Army Corps of Engineers is 
     focusing its attention on repairing the federal levees which 
     breached during the 2005 hurricane season; however, there is 
     also a system of nonfederal tidal levees, which offers a 
     level of protection to the citizens of south Louisiana and 
     which needs to be assessed, and in some cases, needs to be 
     strengthened; and
       Whereas, nonfederal tidal levees have long been a concern 
     of the local citizens of smaller communities of this state 
     since local and state funds to repair and strengthen such 
     levees have fallen well short of the need; and
       Whereas, nonfederal tidal levees are a valuable asset for 
     citizens in south Louisiana because in many cases this system 
     of levees is the only hurricane tidal flood protection these 
     citizens enjoy; and
       Whereas, since the state suffered such massive flooding as 
     a result of the 2005 hurricane season, the need for a 
     greater, more comprehensive hurricane tidal flood protection 
     system for south Louisiana has never been more urgent; and
       Whereas, the United States Army Corps of Engineers should 
     evaluate both federal and nonfederal tidal levees in south 
     Louisiana and should consider including nonfederal tidal 
     levees in the federal program in order to provide 
     comprehensive hurricane tidal flood protection for all of 
     south Louisiana; and
       Whereas, in order to avoid the costs of rebuilding entire 
     communities, the federal government should consider fully 
     funding the costs of repairing and upgrading the level of 
     hurricane tidal flood protection for south Louisiana: 
     therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to provide hurricane tidal flood protection 
     to south Louisiana, including requiring the United States 
     Army Corps of Engineers to evaluate both federal and 
     nonfederal tidal levees in south Louisiana, to consider 
     adding nonfederal tidal levees into the federal program, and 
     to fully fund upgrading hurricane tidal flood protection in 
     south Louisiana; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-357. A resolution adopted by the Senate of the 
     Legislature of the State of New Jersey relative to requesting 
     that Rutgers, the State University, assist the Governor's 
     ``Flood Mitigation Task Force'' in examining and determining 
     the causes and solutions to help reduce flooding along the 
     Delaware River, especially in Trenton; to the Committee on 
     Environment and Public Works.

                        Senate Resolution No. 29

       Whereas, from Friday April 1, 2005 through Sunday Apri1 5, 
     2005, a major storm deposited four inches of rain on New 
     Jersey, causing heavy main stream and river flooding, and 
     prompting the Governor to declare a state of emergency; and
       Whereas, an estimated 3,500 homes were affected by the 
     flooding, with at least 5,600 people evacuated; and
       Whereas, the April 2005 flood marks the third major flood 
     in less than a year for New Jersey communities, emphasizing a 
     strong need to establish safeguards for the areas most 
     affected by the flooding; and
       Whereas, the Governor has announced the creation of the 
     ``Flood Mitigation Task Force'' to study and implement 
     measures to reduce the impacts of flooding in New Jersey 
     communities; and
       Whereas, the members of the task force include the 
     Commissioner of the Department of Environmental Protection, 
     the Chair of the Department of Geography of Rutgers 
     University, public and elected officials, and academic 
     experts; and
       Whereas, the task force will consult with the State 
     climatologist, the Office of Emergency Management and the 
     United States Geological Survey on ways to manage flooding; 
     and

[[Page 15000]]

       Whereas, it is in the best interest of the State to request 
     the additional assistance of Rutgers, the State University, 
     in determining the fundamental causes of the recent flooding 
     in Trenton, New Jersey, as well as solutions to reduce 
     flooding along the Delaware River in the future: Now, 
     therefore, be it
       Resolved by the Senate of the State of New Jersey:
       1. This Senate resolution requests that Rutgers, the State 
     University, assist the Governor's ``Flood Mitigation Task 
     Force'' in determining the fundamental causes of the recent 
     flooding in Trenton, New Jersey, as well as solutions to 
     reduce flooding along the Delaware River in the future.
       2. Duly authenticated copies of this resolution, signed by 
     the President of the Senate and attested by the Secretary 
     thereof, shall be transmitted to the Vice President of the 
     United States, the Speaker of the United States House of 
     Representatives, the majority and minority leaders of the 
     United States Senate and the United States House of 
     Representatives, and each member of Congress elected from 
     this State.
                                  ____

       POM-358. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     immediately authorizing the Morganza to the Gulf Hurricane 
     Protection Project, and urging and requesting the U.S. Army 
     Corps of Engineers to include such recommendation in its 
     pending interim report to Congress; to the Committee on 
     Environment and Public Works.

                  Senate Concurrent Resolution No. 72

       Whereas, an interim report being prepared by the U.S. Army 
     Corps of Engineers as part of the Category 5 Hurricane 
     Protection Study will shortly be submitted to Congress; and
       Whereas, one purpose of the interim report is to allow 
     Congress to act immediately on recommendations contained in 
     the report; and
       Whereas, Terrebonne Parish was severely impacted by 
     Hurricane Rita, with flooding affecting approximately ten 
     thousand businesses and homes; and
       Whereas, with the exception of assistance in the two weeks 
     immediately following the hurricane, Terrebonne Parish has 
     received no further assistance from the federal government to 
     repair flood control infrastructure; and
       Whereas, funding for such flood control infrastructure has 
     been excluded from significant federal appropriations for 
     Louisiana and from the proposed federal budget for the coming 
     fiscal year; and
       Whereas, the Morganza to the Gulf Hurricane Protection 
     Project has been ready for authorization for Congress since 
     2002, and was presented to Congress in that year after ten 
     years of study, analysis, and evaluation; and
       Whereas, such study and analysis shows that immediate 
     implementation of the Morganza to the Gulf Hurricane 
     Protection Project is the best way to obtain Category 5 
     hurricane protection for affected parts of Terrebonne and 
     Lafourche parishes; and
       Whereas, without implementation of such project, these 
     areas lack protection from almost any significant storm 
     levels and face potential disaster if implementation is 
     further delayed: therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to immediately authorize 
     implementation of the Morganza to the Gulf Hurricane 
     Protection Project, be it further
       Resolved, That the interim report being prepared by the 
     U.S. Army Corps of Engineers for Congress as part of the 
     Category 5 Hurricane Protection Study should include a 
     recommendation for immediate authorization of the Morganza to 
     the Gulf Hurricane Protection Project, be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted, to the commander of the U.S. Army Corps of 
     Engineers, the executive office of the New Orleans District 
     of the U.S. Army Corps of Engineers, the secretary of the 
     United States Senate and the clerk of the United States House 
     of Representatives, and to each member of the Louisiana 
     delegation to the United States Congress.
                                  ____

       POM-359. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to provide 
     hurricane tidal flood protection to south Louisiana, 
     including requiring the United States Army Corps of Engineers 
     to evaluate both federal and nonfederal tidal levees in south 
     Louisiana, to consider adding nonfederal tidal levees into 
     the federal program, and to fully fund upgrading hurricane 
     tidal flood protection in south Louisiana; to the Committee 
     on Environment and Public Works.

                  House Concurrent Resolution No. 182

       Whereas, as a result of the massive flooding suffered by 
     the citizens in Orleans, Plaquemines, and St. Bernard 
     parishes due to the overtopping of levees and levee breaches 
     during Hurricanes Katrina and Rita, the issue and challenge 
     of providing hurricane tidal flood protection for south 
     Louisiana has gotten the attention of the nation; and
       Whereas, not only were Orleans, Plaquemines, and St. 
     Bernard parishes flooded as a result of the hurricane tidal 
     surge, massive flooding was also prevalent in smaller 
     communities in Terrebonne and Lafourche parishes; and
       Whereas, the United States Army Corps of Engineers is 
     focusing its attention on repairing the federal levees which 
     breached during the 2005 hurricane season; however, there is 
     also a system of nonfederal tidal levees, which offers a 
     level of protection to the citizens of south Louisiana and 
     which needs to be assessed, and in some cases, needs to be 
     strengthened; and
       Whereas, nonfederal tidal levees have long been a concern 
     of the local citizens of smaller communities of this state 
     since local and state funds to repair and strengthen such 
     levees have fallen well short of the need; and
       Whereas, nonfederal tidal levees are a valuable asset for 
     citizens in south Louisiana because in many cases this system 
     of levees is the only hurricane tidal flood protection these 
     citizens enjoy; and
       Whereas, since the state suffered such massive flooding as 
     a result of the 2005 hurricane season, the need for a 
     greater, more comprehensive hurricane tidal flood protection 
     system for south Louisiana has never been more urgent; and
       Whereas, the United States Army Corps of Engineers should 
     evaluate both federal and nonfederal tidal levees in south 
     Louisiana and should consider including nonfederal tidal 
     levees in the federal program in order to provide 
     comprehensive hurricane tidal flood protection for all of 
     south Louisiana; and
       Whereas, in order to avoid the costs of rebuilding entire 
     communities, the federal government should consider fully 
     funding the costs of repairing and upgrading the level of 
     hurricane tidal flood protection for south Louisiana: 
     therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to provide hurricane tidal flood protection 
     to south Louisiana, including requiring the United States 
     Army Corps of Engineers to evaluate both federal and 
     nonfederal tidal levees in south Louisiana, to consider 
     adding nonfederal tidal levees into the federal program, and 
     to fully fund upgrading hurricane tidal flood protection in 
     south Louisiana; be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-360. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to ensure 
     that the Centers for Medicare and Medicaid Services do not 
     penalize senior citizens who resided in areas affected by 
     Hurricane Katrina for taking advantage of the special 
     enrollment period set for enrollment in Medicare Part D; to 
     the Committee on Finance.

                  House Concurrent Resolution No. 203

       Whereas, prescription drug costs have risen at a rapid rate 
     over the past decade; and
       Whereas, the rising costs of prescription drugs have proven 
     unsustainable for millions of America's senior citizens; and
       Whereas, in order to curb the ever-increasing burden of 
     prescription drug costs on senior citizens, congress adopted 
     a prescription drug benefit program as part of Medicare; and
       Whereas, on December 8, 2003, President Bush signed the 
     Medicare Prescription Drug, Improvement and Modernization 
     Act, and this legislation provides senior citizens of the 
     United States with a Medicare prescription drug benefit; and
       Whereas, the drug benefit, otherwise known as Medicare Part 
     D, is estimated by the Bush administration to currently have 
     thirty-seven million enrollees; and
       Whereas, Hurricane Katrina put an additional financial 
     burden on many of Louisiana's seniors, as well as 
     exacerbating many of the already severe health concerns of 
     the state's citizens; and
       Whereas, additional time to review and choose the proper 
     prescription drug benefit is necessary, as many seniors have 
     been occupied by the travails of rebuilding after the 
     devastation wrought by Hurricane Katrina; and
       Whereas, on March 8, 2006, Randy Brauer, the acting 
     director of the division of enrollment and eligibility policy 
     of the CMS issued a letter stating that evacuees of Hurricane 
     Katrina will be granted a special enrollment period in which 
     to enroll in Medicare Part D; and
       Whereas, the normal deadline for enrollment is May 
     fifteenth, and the extended deadline is over seven months 
     later on December thirty-first; and
       Whereas, state and local agencies as well as civic and 
     community groups have informed senior citizens of the 
     extended enrollment period; and
       Whereas, though a special enrollment period has been 
     created, CMS is considering penalizing seniors who decide to 
     take advantage of the extended enrollment period; and
       Whereas, many of the elderly have experienced financial 
     hardship as a result of the

[[Page 15001]]

     hurricane that makes an increase in the cost of the drug 
     benefit even more pernicious: Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to ensure that the Centers for Medicare and 
     Medicaid Services not penalize senior citizens who resided in 
     areas affected by Hurricane Katrina for utilizing the special 
     enrollment period established for enrollment in Medicare Part 
     D; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-361. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to enacting the Nursing Home Fire Safety Act; to the 
     Committee on Finance.

                        House Resolution No. 247

       Whereas, the safety of the elderly and disabled, our most 
     vulnerable citizens, deserves the highest priority and 
     attention. It is estimated that 20 to 30 percent of the 
     nation's 17,000 nursing homes lack sprinkler systems. Such 
     blatant oversights place the residents of these facilities at 
     great risk in the event of a fire; and
       Whereas, in 2005, legislation was introduced in Congress to 
     enact the Nursing Home Fire Safety Act. It is the intent of 
     Congress, through this legislation, to equip every nursing 
     home in the country with a fire sprinkler system over the 
     next five years, adopt the Life Safety Code, and provide 
     direct loans and sprinkler retrofit assistance grants to 
     assist with installation costs; and
       Whereas, the bill requires the Center for Medicare and 
     Medicaid Services (CMS), the agency authorized to implement 
     nursing home regulations, to adopt the National Fire 
     Protection Association's (NFPA) new requirement that all 
     existing nursing homes be equipped with automatic fire 
     sprinklers. It also provides the resources that existing 
     nursing homes will need to retrofit their facilities while 
     continuing to care for residents; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact the 
     Nursing Home Fire Safety Act; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-362. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to extending the Medicare Part D 
     prescription drug deadline to December 31, 2006; to the 
     Committee on Finance.

                        House Resolution No. 727

       Whereas, Many older and disabled citizens in the United 
     States and the Commonwealth of Pennsylvania depend on the 
     Federal Government for assistance with the purchase of 
     necessary prescription drugs; and
       Whereas, The Federal Medicare Part D prescription drug 
     benefit can help all eligible Americans and Pennsylvanians 
     with the rising out-of-pocket drug costs, especially those 
     persons with limited incomes; and
       Whereas, Given enough time to eliminate the confusion 
     created by the changes in this prescription drug program, 
     most eligible citizens will sign up or obtain alternative 
     insurance coverage; and
       Whereas, Beneficiary and caregiver education and counseling 
     is critical to promote informed decision making and smooth 
     transition as this new drug benefit is implemented; and
       Whereas, The current proposed May 15, 2006, deadline for 
     enrollment in the program or alternative insurance is too 
     soon to include everyone it should because of the confusion 
     and lack of education and counseling for seniors and 
     caregivers: Therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the Congress of the United 
     States to extend the Medicare Part D prescription drug 
     deadline to December 31, 2006; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-363. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to repealing the excise tax on telecommunications; 
     to the Committee on Finance.

                   House Concurrent Memorial No. 2007

       Whereas, the first federal excise tax on communications was 
     enacted in 1898 for the purpose of funding the Spanish-
     American War; and
       Whereas, the tax was introduced as a ``temporary'' luxury 
     tax; and
       Whereas, the federal excise tax on communications was 
     repealed in 1902 and was not reenacted until World War I 
     required additional revenues; and
       Whereas, the World War I federal excise tax on 
     communications was repealed in 1924 and was reenacted in 
     1932; and
       Whereas, all of the initial federal excise taxes on 
     telecommunications applied only to toll, long distance 
     service; and
       Whereas, in 1941, with the advent of World War II, the 
     federal excise tax on communications was extended to general 
     service; and
       Whereas, a federal excise tax on telephone service has been 
     in effect in every year since 1941, despite enactment of 
     periodic legislation to repeal or phaseout the tax; and
       Whereas, telephone service is no longer a luxury. but 
     rather a necessity for consumers of all income levels; and
       Whereas, the federal excise tax is regressive, as low-
     income Americans pay a higher percentage of their income for 
     telephone services than high-income Americans; and
       Whereas, telecommunications services are the infrastructure 
     on which new technologies including the Internet depend, and 
     therefore the telecommunications excise tax discourages 
     expansion of both the telephone infrastructure and new 
     technologies; and
       Whereas, the federal excise tax on telecommunications flows 
     into the general fund, rather than being earmarked for a 
     specific purpose; and
       Whereas. in 2000. both houses of Congress passed a repeal 
     of the federal excise tax on telecommunications, which was 
     vetoed by President William Jefferson Clinton.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring. prays:
       1. That the Congress of he United States repeal the federal 
     excise tax on telecommunications.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-364. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Utah 
     relative to supporting permanent repeal of the Federal 
     Inheritance Tax; to the Committee on Finance.

                         House Resolution No. 3

       Whereas, under tax relief legislation passed in 2001, the 
     Federal Inheritance Tax, or death tax, was temporarily phased 
     out but not permanently eliminated;
       Whereas, farmers and other small business owners will face 
     losing their farms and businesses if the federal government 
     resumes the heavy taxation of citizens at death;
       Whereas, this is a tax that is particularly damaging to 
     families who are working their way up the ladder and trying 
     to accumulate wealth for the first time;
       Whereas, employees suffer layoffs when small and medium 
     businesses are liquidated to pay death taxes;
       Whereas, if the death tax had been repealed in 1996, the 
     United States economy would have realized billions of dollars 
     each year in extra output and an average of 145,000 
     additional new jobs would have been created; and
       Whereas, having repeatedly passed in the United States 
     House of Representatives and the United States Senate, repeal 
     of the death tax holds wide bipartisan support: Now, 
     therefore, be it
       Resolved, That the House of Representatives of the state of 
     Utah requests our elected representatives and senators in the 
     United States Congress support, work to pass, and vote for 
     the immediate and permanent repeal of the death tax; and be 
     it further
       Resolved, That copies of this resolution be sent to the 
     members of Utah's congressional delegation.
                                  ____

       POM-365. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to 
     appropriating sufficient funding for the recovery of the 
     shrimp industry and voting against the repeal of the ``Byrd 
     Amendment''; to the Committee on Finance.

                       Senate Resolution No. 117

       Whereas, Louisiana has the nation's only warm water shrimp 
     cannery; and
       Whereas, before hurricanes Katrina and Rita, Louisiana 
     generated an estimated one hundred twenty million pounds of 
     shrimp and sold approximately nine thousand commercial shrimp 
     gear licenses; and
       Whereas, Louisiana shrimpers are the largest community of 
     shrimpers in the Atlantic and Gulf of Mexico regions; and
       Whereas, due to hurricanes Katrina and Rita, the shrimp 
     industry suffered devastating economic and infrastructure 
     losses; and
       Whereas, due to the hurricanes, assessments estimate that 
     for the shrimp industry the total potential production lost 
     at retail level is approximately nine hundred and nineteen 
     million dollars; and
       Whereas, the influx of foreign shrimp sold at below market 
     prices causes domestic prices to drop to levels at which 
     domestic producers are unable to survive in the industry; and
       Whereas, the United States House Committee on Ways and 
     Means recommended to repeal the provision of the Continued 
     Dumping and Subsidy Offset Act, commonly known as the ``Byrd 
     Amendment''; and

[[Page 15002]]

       Whereas, the ``Byrd Amendment'' required duties to be 
     collected under antidumping and countervailing duty orders 
     and required payment to eligible domestic producers who 
     initiated the petition which resulted in the imposition of 
     the duties; and
       Whereas, Louisiana was one of the original states that 
     initiated a petition against foreign shrimp producers; and
       Whereas, taking into consideration the potential repeal of 
     the ``Byrd Amendment'' and the effects of hurricanes Katrina 
     and Rita, the shrimp industry and the state of Louisiana 
     stands to suffer severe financial losses: Therefore, be it
       Resolved, That the Senate of Louisiana memorializes the 
     Congress of the United States to appropriate sufficient 
     funding for the recovery of the shrimp industry. Be it 
     further
       Resolved, That the Senate of Louisiana memorializes the 
     Congress of the United States to vote against the repeal of 
     the ``Byrd Amendment.'' Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-366. A joint resolution adopted by the Legislature of 
     the State of Utah relative to the tax deductibility of 
     medical expenses by individuals; to the Committee on Finance.

                      House Joint Resolution No. 2

       Whereas, access to quality health care is a basic need of 
     individuals and families within the State;
       Whereas, employer sponsored health insurance is the most 
     common means of insuring nonelderly Americans;
       Whereas, the growth in the cost of health care has made it 
     increasingly difficult for employers, especially small 
     employers, to provide affordable health care coverage to 
     their employees;
       Whereas, there is consequently a need to foster insurance 
     coverage other than employer sponsored health insurance;
       Whereas, current Federal law provides a tax benefit for 
     health insurance provided as an employee fringe benefit, but 
     generally offers no similar tax benefit for health insurance 
     purchased by individuals;
       Whereas, current Federal law provides a tax benefit on 
     third-party payment of medical expenses, but generally offers 
     no similar tax benefit for most individuals' direct payment 
     of medical expenses;
       Whereas, this tax structure has negative implications such 
     as: curtailing competition for health insurance and health 
     care services generally resulting in higher costs; increasing 
     large group health care delivery systems resulting in 
     decisions being made by large health care bureaucracies and 
     the eroding of the doctor-patient relationship; restricting 
     individuals' freedom to exercise direct control over their 
     health care costs; and discriminating against individuals who 
     work for employers that do not provide health benefits, who 
     are unemployed, or who are disabled;
       Whereas, access to health care, choice in health care 
     decisions, and affordability of health care may improve if 
     Congress places the medical choices made by individuals on 
     equal footing with those made by employers and third parties; 
     and
       Whereas, Congress is considering adoption of the Health 
     Care Freedom of Choice Act through the passage of H.R. 4625, 
     109th Cong. (2005) which would provide for the tax 
     deductibility of expenses for medical care of the taxpayer, 
     the taxpayer's spouse, or a dependent of the taxpayer, which 
     the taxpayer pays but for which the taxpayer is not 
     compensated: Now, therefore, be it
       Resolved, That the Legislature of the State of Utah urges 
     Congress to pass H.R. 4625, 109th Congress, First Session, 
     which provides tax benefits to individual health care 
     choices; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, and the members 
     of Utah's congressional delegation.
                                  ____

       POM-367. A joint resolution adopted by the Legislature of 
     the State of Utah relative to expressing opposition to a 
     recent decision of the United States Supreme Court regarding 
     pornography and urging Congress to pass a constitutional 
     amendment to protect children from accessing pornography; to 
     the Committee on the Judiciary.

                      House Joint Resolution No. 7

       Whereas, in Ashcroft v. American Civil Liberties Union, 124 
     S. Ct. 2783, 159 L. Ed. 2d 690, plaintiffs challenged the 
     content-based speech restrictions of the Child Online 
     Protection Act (COPA), which was designed to protect minors 
     from exposure to pornography on the World Wide Web;
       Whereas, in that case, the United States Supreme Court 
     invoked a requirement that, in order to prevail in a court 
     challenge, the federal government must demonstrate that less 
     restrictive methods of protecting minors from pornography are 
     not as effective as current law;
       Whereas, in that case, the United States Supreme Court held 
     that the federal government failed to meet the burden of 
     proving that proposed alternatives such as filtering 
     software, a plausible less restrictive alternative to COPA, 
     would be less effective in protecting minors from exposure to 
     pornography on the Internet;
       Whereas, child pornography has become a $3 billion annual 
     industry;
       Whereas, the United States Customs Service estimates that 
     there are more than 100,000 websites offering child 
     pornography, which is illegal worldwide;
       Whereas, these unlawful sexual images can be purchased very 
     easily at these websites;
       Whereas, more than 20,000 images of child pornography are 
     posted on the Internet every week;
       Whereas, one in five children who use computer chat rooms 
     has been approached over the Internet by pedophiles;
       Whereas, in 2002, the United States Supreme Court stated in 
     another case that virtual pornographic images of children are 
     a victimless crime;
       Whereas, in many instances it is impossible for a viewer to 
     determine whether an image is a virtual or an actual 
     photographic image;
       Whereas, the determination of whether the material is 
     ``harmful to minors'' was intended by the United States 
     Supreme Court to be made by lawfully appointed juries made up 
     of, in the Court's own words, ``average person[s], applying 
     contemporary community standards, would find, taking the 
     material as a whole and with respect to minors, is designed 
     to appeal to, or is designed to pander to, the prurient 
     interest'' and ``taken as a whole, lack serious literary, 
     artistic, political, or scientific value for minors'';
       Whereas, the United States Congress should take deliberate 
     action to protect minors through the passage of a 
     constitutional amendment protecting minors from exposure to 
     pornography; and
       Whereas, governments and the courts must respond decisively 
     when minors are exposed to material that is harmful to them, 
     in the name of preserving the free speech right of adults: 
     Therefore, be it
       Resolved, That the Legislature of the state of Utah 
     expresses opposition to the United States Supreme Court's 
     decision in Ashcroft v. American Civil Liberties Union, 124 
     S. Ct. 2783, 159 L. Ed. 2d 690, and other recent cases that 
     claim to preserve the free speech rights of adults while 
     exposing minors to material the United States Supreme Court 
     has stated is ``harmful to minors;'' and be it further
       Resolved, That the Legislature of the state of Utah, in 
     order to help protect children, strongly urges the United 
     States Congress to pass a constitutional amendment, if 
     necessary, prohibiting child pornography, actual or 
     simulated; and be it further
       Resolved, That the Legislature strongly urges Congress to 
     pass a constitutional amendment, if necessary, to criminalize 
     the possession or viewing of child pornography, actual or 
     simulated, by any individual; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, the United States 
     Supreme Court, and to the members of Utah's congressional 
     delegation.
                                  ____

       POM-368. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to support 
     and establish a free trade agreement between the United 
     States and Taiwan; to the Committee on Finance.

                  House Concurrent Resolution No. 212

       Whereas, Taiwan has developed steadily into a major 
     internationa1 trading power with over three hundred forty 
     billion dollars in two-way trade and the world's seventeenth 
     largest economy; and
       Whereas, Taiwan is the United States' eighth largest 
     trading partner, with trade flowing between these nations 
     totaling over fifty-six billion dollars in 2005 alone; and
       Whereas, Taiwan is the sixth largest market for United 
     States agricultural products, including beef, wheat, corn, 
     and soybeans, and with the strong purchasing power of its 
     twenty-three million people, there are many opportunities to 
     further expand bilateral trade between Taiwan and the United 
     States; and
       Whereas, Taiwan is the world's largest supplier of computer 
     monitors and is a leading personal computer manufacturer; and
       Whereas, some of the biggest industries in Taiwan are 
     electronics and computer products, chemicals and 
     petrochemicals, basic metals, machinery, textiles, transport 
     equipment, plastics, and machinery; and
       Whereas, a United States-Taiwan free trade agreement would 
     lead to further investment by firms in both Taiwan and the 
     United States and would create new business opportunities and 
     new jobs; and
       Whereas, a United States-Taiwan free trade agreement would 
     encourage greater innovations and manufacturing efficiencies 
     by stimulating joint technological development; and
       Whereas, the United States International Trade Commission 
     (USITC) and the Institute for International Economics (IIE) 
     estimate that a United States-Taiwan free trade agreement 
     would increase United States exports to Taiwan by about six 
     billion dollars: Therefore be it

[[Page 15003]]

       Resolved, that the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to support and establish a free trade 
     agreement between the United States and Taiwan; and be it 
     further
       Resolved, a copy of this Resolution be transmitted to the 
     presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-369. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to permitting emergency workers and equipment to 
     cross the international border with Mexico to address 
     emergencies that threaten both sides of the border; to the 
     Committee on Foreign Relations.

                          Concurrent Memorial

       Whereas, Arizona and Mexico share a border that stretches 
     for more than three hundred fifty miles; and
       Whereas, the threats from environmental spills, leaks, 
     explosions and similar disasters involving toxic substances 
     in border communities are not constrained by political 
     boundaries and can threaten people and communities on both 
     sides; and
       Whereas, the threats from fires, floods and similar natural 
     disasters are not constrained by political boundaries and can 
     threaten people and communities on both sides; and
       Whereas, as a result of a joint legislative protocol 
     session with the members of the Arizona Legislature, on 
     December 1, 2005, the Legislature of Sonora, Mexico adopted a 
     resolution calling on the federal government in Mexico to 
     permit emergency workers and vehicles to cross the 
     international border to fight such environmental and natural 
     disasters as long as they return to their country of origin 
     when the emergency subsides.
       Whereas, authorizing emergency workers and equipment to 
     cross the international border requires action by the 
     President and Congress of the United States of America.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       (1) That the President and Congress of the United States of 
     America recognize the importance of authorizing emergency 
     workers and equipment from the United States of America and 
     Mexico to cross their respective international borders 
     whenever an environmental or natural disaster threatens 
     communities on both sides;
       (2) That the President and Congress of the United States of 
     America take the action necessary to authorize emergency 
     workers and equipment from the United States of America and 
     Mexico to cross their respective international borders 
     whenever an environmental or natural disaster threatens 
     communities on both sides as long as they return to their 
     country of origin when the emergency subsides; and
       (3) That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States of America, the President of the United States 
     Senate, the Speaker of the United States House of 
     Representatives and each Member of Congress from the State of 
     Arizona.
                                  ____

       POM-370. A resolution adopted by the Senate of the 
     Legislature of the State of Utah relative to urging the Bush 
     Administration to support Taiwan's participation in the World 
     Health Organization; to the Committee on Foreign Relations.

                        Senate Resolution No. 3

       Whereas, the World Health Organization's (WHO) Constitution 
     states that ``The objective of the World Health Organization 
     shall be the attainment by all peoples of the highest 
     possible level of health'';
       Whereas, this position demonstrates that the WHO is 
     obligated to reach all peoples throughout the world, 
     regardless of state or national boundaries;
       Whereas, the WHO Constitution permits a wide variety of 
     entities, including nonmember states, international 
     organizations, national organizations, and nongovernmental 
     organizations, to participate in the activities of the WHO;
       Whereas, five entities, for example, have acquired the 
     status of observer of the World Health Assembly (WHA) and are 
     routinely invited to its assemblies;
       Whereas, both the WHO Constitution and the International 
     Covenant of Economic, Social, and Cultural Rights (ICESCR) 
     declare that health is an essential element of human rights 
     and that no signatory shall impede on the health rights of 
     others;
       Whereas, Taiwan seeks to be invited to participate in the 
     work of the WHA simply as an observer, instead of as a full 
     member, in order to allow the work of the WHO to proceed 
     without creating political frictions and to demonstrate 
     Taiwan's willingness to put aside political controversies for 
     the common good of global health;
       Whereas, this request is fundamentally based on 
     professional health grounds and has nothing to do with the 
     political issues of sovereignty and statehood;
       Whereas, Taiwan currently participates as a full member in 
     organizations like the World Trade Organization (WTO); Asia-
     Pacific Economic Cooperation (APEC), and several other 
     international organizations that count the People's Republic 
     of China among their membership;
       Whereas, Taiwan has become an asset to all these 
     institutions because of a flexible interpretation of the 
     terms of membership;
       Whereas, closing the gap between the WHO and Taiwan is an 
     urgent global health imperative;
       Whereas, the health administration of Taiwan is the only 
     competent body possessing and managing all the information on 
     any outbreak in Taiwan of epidemics that could potentially 
     threaten global health;
       Whereas, excluding Taiwan from the WHO's Global Outbreak 
     Alert and Response Network (GOARN), for example, is dangerous 
     and self defeating from a professional perspective;
       Whereas, good health is a basic right for every citizen of 
     the world and access to the highest standard of health 
     information and services is necessary to help guarantee this 
     right;
       Whereas, direct and unobstructed participation in 
     international health cooperation forums and programs is 
     therefore crucial, especially with today's greater potential 
     for the cross-border spread of various infectious diseases 
     through increased trade and travel;
       Whereas, the WHO sets forth in the first chapter of its 
     charter the objectives of attaining the highest possible 
     level of health for all people;
       Whereas, Taiwan's population of 23 million people is larger 
     than that of three quarters of the member states already in 
     the WHO and shares the noble goals of the organization;
       Whereas, Taiwan's achievements in the field of health are 
     substantial, including one of the highest life expectancy 
     levels in Asia, maternal and infant mortality rates 
     comparable to those in western countries, the eradication of 
     such infectious diseases as cholera, smallpox, and the 
     plague, and the first country in the world to provide 
     children with free hepatitis B vaccinations;
       Whereas, Taiwan is not allowed to participate in any WHO-
     organized forums and workshops concerning the latest 
     technologies in the diagnosis, monitoring, and control of 
     diseases;
       Whereas, in recent years, both the Taiwanese Government and 
     individual Taiwanese experts have expressed a willingness to 
     assist financially or technically in WHO-supported 
     international aid and health activities but have ultimately 
     been unable to render assistance;
       Whereas, the WHO does allow observers to participate in the 
     activities of the organization; and
       Whereas, in light of all the benefits that participation 
     could bring to the state of health of people not only in 
     Taiwan, but also regionally and globally, it seems 
     appropriate, if not imperative, for Taiwan to be involved 
     with the WHO: Therefore, be it
       Resolved, That the Senate of the state of Utah urges the 
     Bush Administration to support Taiwan and its 23 million 
     people in obtaining appropriate and meaningful participation 
     in the World Health Organization (WHO); and be it further
       Resolved, That the Senate urges that United States' policy 
     should include the pursuit of some initiative in the WHO 
     which would give Taiwan meaningful participation in a manner 
     that is consistent with the organization's requirements; and 
     be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the United States Secretary 
     of State, the Secretary of Health and Human Services, the 
     Majority Leader of the United States Senate, the Speaker of 
     the United States House of Representatives, the members of 
     Utah's congressional delegation, the Government of Taiwan, 
     and the World Health Organization.
                                  ____

       POM-371. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to urging the President and Congress 
     of the United States to take immediate action in assisting 
     with the peacekeeping mission and efforts to resolve the 
     conflict in the Darfur region of Sudan; to the Committee on 
     Foreign Relations.

                        House Resolution No. 741

       Whereas, the people of Darfur have suffered for decades 
     from the devastating effects of drought; and
       Whereas, in 2003 a crisis associated with drought 
     conditions and limited food production was further compounded 
     by a campaign of violence in the region; and
       Whereas, since 2003 an estimated 300,000 people have died 
     as a result of the genocide in Darfur and approximately 3.5 
     million men, women and children in the region continue to 
     face violence and starvation; and
       Whereas, a separate Sudanese conflict lasting more than two 
     decades ended in 2005, raising hope in the country, but 
     conditions have worsened; and
       Whereas, recently the scope and degree of violence has 
     escalated, leading to the arrival of tens of thousands of 
     people at refugee camps in Sudan and Chad; and
       Whereas, civilians are unable to grow food and sustain life 
     as roving government-sponsored militias systematically beat, 
     rape and kill the people of Darfur; and
       Whereas, the United Nations refugee agency, the United 
     Nations High Commissioner

[[Page 15004]]

     for Refugees, recently announced it will be cutting refugee 
     assistance funds to Darfur by 44%, which adds to the urgency 
     of the situation; and
       Whereas, on February 17, 2006, President Bush stated that 
     he would push for additional United Nations and North 
     Atlantic Treaty Organization (NATO) assistance to protect the 
     people of Darfur; and
       Whereas, on March 24, 2006, the United Nations Security 
     Council adopted a resolution to further support assistance 
     efforts in Darfur; and
       Whereas, intervention by the United States and the United 
     Nations may take time to implement; and
       Whereas, if the security situation continues to deteriorate 
     and the humanitarian life-support system fully collapses, the 
     casualty rate could rise as high as 100,000 per month: 
     Therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania urge the President of the United 
     States to push for:
       (1) immediate assistance to the African Union peacekeeping 
     mission to improve their civilian protection capacity until 
     the United Nations can fully deploy a capable peacekeeping 
     force;
       (2) a United Nations peacekeeping force to take over the 
     African Union peacekeeping mission in Darfur; and
       (3) greater United States involvement in the Darfur peace 
     process and urge the President to use the power of his office 
     to encourage other world leaders to do so as well; and be it 
     further
       Resolved, That the House of Representatives urge members of 
     Congress to:
       (1) support short-term supplemental funding for 
     peacekeeping and humanitarian aid in Sudan, a minimum of 
     which should include the $514 million requested by the 
     President in the Fiscal Year 2006 supplemental appropriations 
     bill;
       (2) support long-term Fiscal Year 2007 funding for 
     humanitarian aid, NATO and United Nations peacekeeping and 
     reconstruction assistance; and
       (3) pass the strongest possible version of the Darfur Peace 
     and Accountability Act, which includes placing additional 
     penalties on the Government of the Sudan and on those 
     persons, complicit in the genocide: and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President, to the presiding officers of each house of 
     Congress and to each member of Congress from Pennsylvania.
                                  ____

       POM-372. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to recognizing the 
     contributions of Fred C. Adams to the State of Utah; to the 
     Committee on Health, Education, Labor, and Pensions.

                   House Concurrent Resolution No. 6

       Whereas, the Utah Shakespearean Festival is considered by 
     many to be one of the most prestigious repertory theaters and 
     Shakespearean festivals in the United States;
       Whereas, over the last 44 years, the Utah Shakespearean 
     Festival, which is currently in its 45th season, has hosted 
     4,148,008 people who have attended 144 productions of 
     Shakespeare's plays;
       Whereas, as of the year 2000, the Utah Shakespearean 
     Festival had produced Shakespeare's entire canon of plays;
       Whereas, the Utah Shakespearean Festival has employed 170 
     musicians, 376 electricians, 218 directors, 447 designers, 
     314 props artists, 957 carpenters, 877 Greenshow performers, 
     260 make-up artists, 2,007 actors, 291 stage managers, and 
     1,272 costumers;
       Whereas, Fred C. Adams is the Festival Founder and 
     Executive Producer Emeritus;
       Whereas, under Mr. Adams's guidance, the Festival has grown 
     from a budget of $1,000 and 3,276 paid admissions in 1962, to 
     a 2006 annual budget of $6 million and an anticipated 
     attendance of 150,000 paid admissions;
       Whereas, beginning his long association as a teacher at 
     Southern Utah University in 1959, he retired from his 
     university teaching and directing responsibilities in 2000, 
     to devote his energies full-time to the day-to-day artistic 
     operations of the Festival;
       Whereas, Mr. Adams received his B.A. and M.A. degrees from 
     Brigham Young University in theater arts and Russian;
       Whereas, on June 4, 2000, the Utah Shakespearean Festival 
     received the prestigious Tony Award for Outstanding Regional 
     Theater at Radio City Music Hall in New York City;
       Whereas, 1,389 schools have participated in the Festival's 
     High School Shakespeare Competition since 1977;
       Whereas, 183,280 students have seen the Festival's 
     Educational Tour since 2001;
       Whereas, the International Festival and Events Association 
     estimates the annual economic impact of the Utah 
     Shakespearean Festival to be in excess of $64 million;
       Whereas, in 2001 the Festival received the 25th Annual 
     National Governors Association Award for Distinguished 
     Service to the Arts;
       Whereas, Mr. Adams is the recipient of the Pioneer of 
     Progress Award for the Days of '47 in Salt Lake City (2005), 
     the Ernst and Young Entrepreneur of the Year Award (2003), 
     the Utah Theater Association's Lifetime Service Award (2000), 
     an honorary doctorate degree from Southern Utah University 
     (1999), the Institute of Outdoor Drama's Mark R. Sumner Award 
     (1998), Brigham Young University's Distinguished Service 
     Award (1995), Geneva Steel's Modern Pioneer Award (1994), the 
     Cedar City Area Chamber of Commerce Arts Contribution Award 
     (1992), Southern Utah University's Outstanding Alumni Award 
     (1991), the Citizen Meritorious Service Award from the 
     American Parks and Recreation Society (1991), Utah Business 
     Magazine's Outstanding Business Leader recognition (1989), 
     the First Annual Governor's Award in the Arts (1989), and the 
     Distinguished Alumni Award from Brigham Young University 
     (1984 and 1987);
       Whereas, Mr. Adams was also honored to carry the Olympic 
     flame in Cedar City during the 2002 Winter Olympic Torch 
     Relay;
       Whereas, Mr. Adams was the featured personality for the 
     Utah Travel Council's summer tourism advertising campaign in 
     1995 and 1996, appearing in a number of magazines, including 
     Conde Nast Traveler, Mature Outlook, American Heritage, 
     Midwest Living, National Geographic Traveler, Gourmet, and 
     Life;
       Whereas, Mr. Adams is the author of many articles appearing 
     in several professional magazines, and he is a favorite 
     lecturer for educational institutions and professional 
     organizations throughout the United States and Europe;
       Whereas, Mr. Adams also conducts and is host for at least 
     one annual tour to Europe;
       Whereas, as executive director of the Festival Center 
     Project, Mr. Adams will now focus on securing funding for the 
     completion of the Utah Shakespearean Festival Center for the 
     Performing Arts;
       Whereas, the projected $65 million Center will feature 
     Renaissance-style buildings surrounding a brick-paved central 
     plaza and a beautiful fountain highlighted by bronze statues 
     of some of Shakespeare's most loved characters;
       Whereas, the Center will include the relocated Adams 
     Shakespearean Theater (a Tudor-styled outdoor theater), and 
     one additional small performance facility (the New 
     Playwright's Theater), as well as a bookstore, art gallery, 
     bakery, restaurant, ale house, costume and scene shops, 
     Greenshow performance stages, a seminar grove, and a feast 
     hall patterned after the great banquet halls of Europe, all 
     of which will compliment the state-of-the-art Randall L. 
     Jones Theater, built in 1989;
       Whereas, as executive producer emeritus he will consult and 
     advise the Festival concerning play selection, choosing 
     directors and designers, and long-term planning;
       Whereas, Mr. Adams will also continue to be seen at the 
     Festival as he conducts orientations, participates in all 
     Festival functions, and greets patrons and his many friends 
     before the plays; and
       Whereas, the life and accomplishments of Fred C. Adams and 
     his contribution to the arts and to economic development in 
     the State of Utah merit the thanks and praise of a grateful 
     state: Now, therefore, be it
       Resolved, that the Legislature of the State of Utah, the 
     Governor concurring therein, recognize the enormous 
     contributions of Fred C. Adams to the arts in the State of 
     Utah, and to its economic development; be it further
       Resolved, That a copy of this resolution be sent to Fred C. 
     Adams.
                                  ____

       POM-373. A Senate concurrent resolution adopted by the 
     Legislature of the State of Kansas relative to federal 
     funding of education; to the Committee on Health, Education, 
     Labor, and Pensions.

                 Senate Concurrent Resolution No. 1618

       Whereas, The state of Kansas under the Quality Performance 
     Accreditation (QPA) System has long pursued the goal of 
     improving the academic performance of all students, 
     especially students of racial and ethnic background, lower 
     economic status, limited English proficiency and with 
     learning disabilities or challenges; and
       Whereas, The state of Kansas, therefore, applauds the 
     President and the United States Congress for putting forth 
     the same goals in the reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, and emphasizing the urgency in 
     improving the performance of these students; and
       Whereas, The reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, has encouraged some needed 
     changes in public education and was initially accompanied 
     with relatively large increases in federal funding for public 
     elementary and secondary education; and
       Whereas, However, the increases in federal funding since 
     the first year of the reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, have been minimal; and
       Whereas, The federal government has decreased funding for 
     reauthorization of the Elementary and Secondary Education Act 
     of 1965, commonly known as the No Child Left Behind Act of 
     2001, in fiscal year 2006 by $793,000,000, decreased funding 
     for postsecondary education by $166,000,000, and decreased 
     funding for programs that serve students with disabilities by 
     $21,000,000: Now, therefore,

[[Page 15005]]

       Be it resolved by the Senate of the State of Kansas, the 
     House of Representatives concurring therein: That the Kansas 
     legislature memorializes the President and the United States 
     Congress to make a serious commitment to improving the 
     quality of the nation's public schools by substantially 
     increasing its funding for the reauthorization of the 
     Elementary and Secondary Education Act of 1965 commonly known 
     as the No Child Left Behind Act of 2001, the Higher Education 
     Act, the Individuals with Disabilities Education Act and 
     other educational related programs; and
       Be it further resolved: That the state of Kansas requests 
     that the President, United States Congress and United States 
     Department of Education offer the various states waivers, 
     exemptions or whatever flexibility is possible regarding the 
     requirements of the reauthorization of the Elementary and 
     Secondary Education Act of 1965, commonly known as the No 
     Child Left Behind Act of 2001, in any year that federal 
     funding for public elementary and secondary education is 
     decreased to prevent states from spending state and local 
     resources on activities that have not proven effective in 
     raising student achievement and may not be the priority of an 
     individual state; and
       Be it further resolved: That the state of Kansas encourages 
     other states to pass similar resolutions; and
       Be it further resolved: That the Secretary of State send an 
     enrolled copy of this resolution to the President of the 
     United States, President of the United States Senate, Speaker 
     of the United States House of Representatives, Secretary of 
     the United States Department of Education and each member of 
     the Kansas legislative delegation.
                                  ____

       POM-374. A resolution adopted by the House of 
     Representatives of the General Assembly of the Commonwealth 
     of Pennsylvania relative to applauding the contributions of 
     Pennsylvania's Taiwanese-American community and joining in 
     support of the participation of the Republic of China in the 
     role of World Health Organization observer; to the Committee 
     on Health, Education, Labor, and Pensions.

                        House Resolution No. 690

       Whereas, The Commonwealth of Pennsylvania and the Republic 
     of China (Taiwan) have had a long history of friendship; and
       Whereas, Philadelphia is home to a large Taiwanese 
     community; and
       Whereas, The people of the Taiwanese-American community 
     maintain close ties with family and friends in their native 
     land and are concerned about their health, safety and quality 
     of life; and
       Whereas, Good health is essential to every citizen of the 
     world, just as access to the highest standards of health 
     information and service is necessary to improve the public 
     health; and
       Whereas, The World Health Organization (WHO) set forth, in 
     the first chapter of its charter, the objective of attaining 
     the highest possible level of health for all people; and
       Whereas, The House of Representatives of the Commonwealth 
     of Pennsylvania is justly proud to support the participation 
     of Taiwan in the role of observer in the World Health 
     Organization in the upcoming World Health Assembly (WHA) at 
     its annual summit to be held in Geneva, Switzerland in May 
     2006; and
       Whereas, Taiwan's population of more than 23 million is 
     larger than that of 75% of the current WHO member states; and
       Whereas, The United States, in the 1994 Taiwan Policy 
     Review, declared its intention to support Taiwan's 
     participation in appropriate international organizations; and
       Whereas, The State Department, in its report to the 
     Congress of the United States in April 2005, reaffirmed 
     United States support of Taiwan's observer status in the WHA; 
     and
       Whereas, Fifty-three members of the United States House of 
     Representatives wrote a letter to Secretary of State 
     Condoleezza Rice on December 16, 2005, expressing their 
     support of observer status for Taiwan at the annual meeting 
     of the WHA; and
       Whereas, The United States Centers for Disease Control and 
     Prevention and its Taiwanese counterpart have enjoyed close 
     collaboration on a wide range of public health issues; and
       Whereas, In recent years Taiwan has expressed a willingness 
     to assist financially and technically in international aid 
     and health activities supported by the WHO; and
       Whereas, The government and the people of Taiwan have been 
     actively engaged in various activities in the fields of 
     medical assistance and humanitarian relief to countries in 
     Africa, Asia, Central America and the Caribbean in such 
     places as Afghanistan, Chad, El Salvador, Honduras and 
     Liberia and have contributed financial resources to global 
     relief efforts and to combat disease around the world; and
       Whereas, Taiwan's participation in international health 
     forums and programs is critical, especially with today's 
     greater potential for the cross-border spread of various 
     infectious diseases such as human immunodeficiency virus 
     (HIV), tuberculosis and malaria; and
       Whereas, Recent outbreaks of the lethal avian flu and 
     severe acute respiratory syndrome (SARS) in East Asia and 
     Southeast Asia have caused panic around the world and have 
     accentuated the importance of Taiwan's participation in 
     international health forums and the inherent danger of 
     nonparticipation; and
       Whereas, Taiwan's substantial achievements in the field of 
     health include having one of the highest life expectancy 
     levels in Asia and having low maternal and infant mortality 
     rates, eradicating such infectious diseases as cholera, 
     smallpox and plague and being the first to eradicate polio 
     and to provide children with hepatitis B vaccinations; and
       Whereas, Taiwan's WHO observer status affects the health 
     rights of millions of Taiwanese people and benefits regional 
     and global public health; Therefore, be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania pause in its deliberations to 
     applaud the contributions of Pennsylvania's Taiwanese-
     American community and join in support of the participation 
     of Taiwan in the role of WHO observer; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the United States 
     Department of Health and Human Services, to each member of 
     the Pennsylvania Congressional Delegation and to the World 
     Health Organization.
                                  ____

       POM-375. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to supporting changes to the 
     No Child Left Behind Act of 2001; to the Committee on Health, 
     Education, Labor, and Pensions.

                  Senate Concurrent Resolution No. 105

       Whereas, the National Conference of State Legislatures 
     created a special task force (Task Force) that spent ten 
     months conducting a comprehensive, bipartisan review of the 
     No Child Left Behind Act of 2001; and
       Whereas, this review identified a number of changes that 
     must be made to the No Child Left Behind Act for it to become 
     a positive impetus to school improvement and ensure that 
     young people will learn at their full potential; and
       Whereas, the Task Force drafted forty-three recommendations 
     outlining these necessary changes to provide useful, workable 
     requirements for schools, many of which could be easily 
     incorporated into the No Child Left Behind Act; and
       Whereas, the four key Task Force recommendations include: 
     (1) removing obstacles that block state education innovations 
     and undermine programs that were succeeding prior to the 
     passage of the No Child Left Behind Act; (2) providing the 
     federal financial assistance necessary for states to meet No 
     Child Left Behind Act classroom goals; (3) removing the 
     ``one-size-fits-all'' student performance measurements in 
     favor of more sophisticated systems that measure progress on 
     an individualized basis; and (4) recognizing that individual 
     schools face special challenges, and that significant 
     differences exist between rural and urban schools: Now, 
     therefore, be it
       Resolved, by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, That the Hawaii State Legislature 
     strongly urges the Congress of the United States to support 
     the worthwhile recommendations of the National Conference of 
     State Legislatures special task force on revisions to the No 
     Child Left Behind Act; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and Hawaii's congressional delegation.
                                  ____

       POM-376. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to supporting the goal of 
     eliminating suffering and death from cancer by the year 2015; 
     to the Committee on Health, Education, Labor, and Pensions.

                     Senate Concurrent Resolution 
                             No. 15 S.D. 1

       Whereas, cancer is the second leading cause of death and 
     touches almost every family, with over ten million Americans 
     now living with a history of cancer; and
       Whereas, cancer affects one out of every four Americans or 
     one out of every two men and one out of every three women; 
     and
       Whereas, this year alone, cancer will claim the lives of 
     more than 570,000 Americans or 1,500 people per day; and
       Whereas, 1,700 Hawaii residents or roughly one out of every 
     five deaths in Hawaii is attributed to cancer; and
       Whereas, more than 1,300,000 cancer cases were diagnosed in 
     2005; and
       Whereas, approximately 5,000 men and women in Hawaii are 
     diagnosed each year with the disease; and
       Whereas, it is estimated that cancer cost the Nation nearly 
     $190 billion 2003, including more than $69 billion in direct 
     medical costs; and
       Whereas, the cost for cancer care in Hawaii is estimated to 
     cost $500 million each year; and
       Whereas, the Nation's investment in cancer research and 
     programs have led to actual progress; and
       Whereas, between 1991 and 2001, cancer death rates declined 
     by more than nine percent and about 258,000 lives were saved; 
     and

[[Page 15006]]

       Whereas, at least half of all cancer deaths could have been 
     prevented by applying existing knowledge; and
       Whereas, the Director of the National Cancer Institute has 
     set a bold goal to eliminate suffering and death from cancer 
     by 2015; and
       Whereas, eliminating cancer related suffering and death 
     will require a commitment by the Hawaii State Legislature to 
     continue to make the fight against cancer a priority; now, 
     therefore, be it
       Resolved, by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, That the Hawaii State Legislature 
     supports the goal of eliminating suffering and death due to 
     cancer by 2015; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the Director of Health, the 
     Hawaii Comprehensive Cancer Control Coalition, U.S. House of 
     Representatives, U.S. Senate, and to the Director of the 
     National Cancer Institute.
                                  ____

       POM-377. A joint resolution adopted by the Legislature of 
     the State of Utah relative to urging the citizens of Utah to 
     increase their awareness of the contributions paraeducators 
     make in educating children in public schools; to the 
     Committee on Health, Education, Labor, and Pensions.

                     House Joint Resolution No. 15

       Whereas, for the more than 40 years since they were first 
     introduced into the nation's schools, the roles of ``teacher 
     aides'' have become more complex and demanding;
       Whereas, these aides have become technicians who are more 
     aptly described as paraeducators;
       Whereas, under the direction of teachers, paraeducators 
     assist with the delivery, to both learners and their parents, 
     of instructional and other direct services designed to 
     support instructional plans and educational goals;
       Whereas, more than 7,000 paraeducators serve in Utah's 
     school districts and charter schools, providing invaluable 
     services and support to students in Utah's public schools;
       Whereas, these paraeducators display a high degree of 
     professionalism and spend considerable time and energy in 
     career development;
       Whereas, paraeducators work as members of teams in the 
     classroom where the teacher has the ultimate responsibility 
     for the design and implementation of the classroom education 
     program, the education programs of individual students, and 
     for the evaluation of those programs and student progress;
       Whereas, paraeducators work under the ultimate supervision 
     of the school principal and are assigned to work under the 
     direction of a teacher or team of teachers;
       Whereas, while they perform clerical tasks, prepare 
     materials, and monitor learners in nonacademic settings, 
     paraeducators perform many other tasks under the supervision 
     of teachers and, in some cases, related services 
     professionals;
       Whereas, paraeducators in early childhood, elementary, 
     middle, and secondary classrooms and programs engage 
     individual and small groups of learners in instructional 
     activities developed by teachers, carry out behavior 
     management and disciplinary plans developed by teachers, and 
     assist teachers with functional and other assessment 
     activities;
       Whereas, paraeducators can also document and provide 
     objective information about learner performance that enables 
     teachers to plan and modify curriculum and learning 
     activities for individuals, assist teachers with organizing 
     learning activities and maintaining supportive environments, 
     and assist teachers with involving parents or other 
     caregivers in their child's education;
       Whereas, recent legislation requires paraprofessionals to 
     be qualified to perform their jobs and requires local 
     districts to provide adequate training and supervision of 
     their paraeducators;
       Whereas, by serving jointly with teachers, paraeducators 
     enhance the continuity and quality of services for many 
     students in Utah schools; and
       Whereas, the services provided by paraeducators, though not 
     widely understood or recognized, are a key element in the 
     success of Utah's education efforts: Now, therefore, be it
       Resolved, That the Legislature of the State of Utah urges 
     the citizens of Utah to increase their awareness of the 
     critical role paraeducators play in the education of Utah 
     school children; be it further
       Resolved, That a copy of this resolution be sent to each of 
     Utah's school districts, charter schools, the National 
     Resource Center for Paraprofessionals, members of the Utah 
     Education Coalition and education community, the Utah Parent 
     Teacher Association, the Utah State Board of Education, and 
     the Utah State Office of Education.
                                  ____

       POM-378. A joint resolution adopted by the Legislature of 
     the State of Utah relative to urging state agencies to 
     replace ``mental retardation'' references in their documents 
     with a more respectful description; to the Committee on 
     Health, Education, Labor, and Pensions.

                        House Resolution No. 14

       Whereas, the stigma attached to the phrase ``mental 
     retardation'' creates an unwarranted burden on those who 
     experience this intellectual disability;
       Whereas, in some cases government agencies inadvertently 
     perpetuate this burden by continuing to use this archaic 
     term;
       Whereas, this phrase should be changed to reflect a 
     sensitivity to those who experience this disability;
       Whereas, many government agencies throughout the United 
     States have altered their documents to refer to these 
     individuals as persons with a disability;
       Whereas, the use of ``persons with a disability'' removes a 
     measure of the sting and stigma suffered by those who must 
     struggle with this disability every day of their lives; and
       Whereas, Utah state agencies should take deliberate steps 
     to update their documents to reflect this more sensitive 
     reference to characterize those who experience this 
     disability: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah urges 
     Utah's state agencies to review their official documents and 
     replace current references to ``mental retardation'' with an 
     alternative that reflects increased sensitivity to those who 
     experience this disability; and be it further
       Resolved, That the Legislature encourages state agencies to 
     review and consider alternative references to this disability 
     that are used by other states; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Department of Human Resources, the Utah Developmental 
     Disabilities Council, the Department of Health, the 
     Department of Human Services, and People First.
                                  ____

       POM-379. A resolution adopted of the Legislature of the 
     State of Utah relative to encouraging Utah schools to educate 
     children regarding risks of sun exposure; to the Committee on 
     Health, Education, Labor, and pensions.

                        Senate Resolution No. 2

       Whereas, one in five Americans will get skin cancer in 
     their lifetime;
       Whereas, melanoma, the most deadly form of skin cancer, is 
     now the second leading cause of cancer for women in their 
     20's and 30's;
       Whereas, melanoma is now the fastest growing cancer in the 
     U.S., with cases increasing at an epidemic rate of 3% per 
     year;
       Whereas, there have been no significant advances in the 
     medical treatment of advanced melanoma or its survival rate 
     in the last 30 years;
       Whereas, in a survey by the Centers for Disease Control, 
     74% of young adults and 50% of older adults said that they 
     had little or no knowledge about melanoma;
       Whereas, in 1940, the chance of a U.S. citizen getting 
     melanoma was 1 in 1,500, by 2004 it was 1 in 67, and by 2010 
     scientists predict it will be 1 in 50;
       Whereas, if caught in the earliest stages, melanoma is 
     entirely treatable with a survival rate of nearly 100%;
       Whereas, if untreated and allowed to spread, there is no 
     known effective treatment or cure for melanoma;
       Whereas, the lifetime risk of getting skin cancer is linked 
     to sun exposed sunburn during childhood and adolescence;
       Whereas, studies have shown that the occurrence of at least 
     two blistering sunburns before the age of 18 years may double 
     the risk for development of melanoma as an adult;
       Whereas, it is estimated that regular use of sunscreen 
     during childhood could lower skin cancer incidence by nearly 
     80%;
       Whereas, since 1982; incidences of pediatric melanoma in 
     children have more than doubled;
       Whereas, Utah's melanoma rates are among the highest in the 
     nation;
       Whereas, Utah regularly ranks in the top five states in the 
     nation for per capita deaths from melanoma;
       Whereas, the United States Department of Health and Human 
     Services Classifies solar radiation as a known human 
     carcinogen;
       Whereas, the causes, prevention, and early detection of 
     skin cancer, particularly melanoma, are fairly well 
     understood and easy to learn;
       Whereas, schools have the potential to educate and 
     positively influence pupil and family behavior regarding skin 
     cancer prevention;
       Whereas, simple, inexpensive changes in behavior such as 
     wearing sunscreen, avoiding midday sun exposure, and wearing 
     a shirt and hat can alter lifelong skin cancer risks;
       Whereas, several programs are available to educators to 
     help them teach students about the risks and prevention of 
     skin cancer, and the programs could be integrated into 
     classes in Utah schools;
       Whereas, the United States Environmental Protection Agency 
     has created a program that educates school-age children on 
     the risks of exposure to the sun;
       Whereas, this program, called SunWise, is provided free of 
     charge, is designed for school-age children, requires no 
     teacher training, and is easily integrated into a school's 
     curriculum;
       Whereas, SunWise is currently being used by 14,000 schools 
     around the country and 246 school in Utah with great success;
       Whereas, a low-cost program about the risks, and prevention 
     of skin cancer, Sunny

[[Page 15007]]

     Days, Healthy Ways, was developed with grants from the 
     National Cancer Institute;
       Whereas, the Centers for Disease Control have free 
     materials on the prevention of skin cancer which, can be 
     downloaded from their website and used in class or sent home 
     with children to help educate families;
       Whereas, Only Skin Deep is a Utah based program designed to 
     train high school students to teach their peers about skin 
     cancer prevention;
       Whereas, this program has been successfully used in Utah 
     schools, is free of charge, and requires no time from 
     teachers; and
       Whereas, faced with the reality of the risks of sun 
     exposure and with the variety of low or no-cost programs and 
     materials available, Utah schools should educate their 
     students on the risks and prevention of skin cancer: Now, 
     therefore, be it
       Resolved, That the Senate of the state of Utah urges Utah's 
     public schools to consider incorporating sun exposure 
     awareness programs and materials into their curriculum. Be it 
     further
       Resolved, That copies of this resolution be sent to each 
     school district in the state of Utah, the Utah Parent 
     Teachers Association, the American Cancer Society of Utah, 
     the Utah Cancer Action Network, the Utah State Office of 
     Education, the Utah State Board of Education, the Utah 
     Department of Health, the National Cancer Institute, and the 
     Utah Society of Dermatologic Medicine and Surgery.
                                  ____

       POM-380. A concurrent resolution adopted by the Legislature 
     of the State of Utah relative to encouraging school boards to 
     adopt policy prohibiting bullying; to the Committee on 
     Health, Education, Labor, and Pensions.

                        Senate Resolution No. 1

       Whereas, school bullying, harassment, and intimidation 
     greatly reduce a student's ability to both achieve and 
     surpass academic standards in Utah;
       Whereas, school bullying, harassment and intimidation can 
     directly affect a student's health and well-being and thus 
     contribute to excess absences from school, physical sickness, 
     mental and emotional anguish, and long-term social and mental 
     consequences;
       Whereas, bullying, harassment; and intimidation can take 
     physical, verbal, and written forms, including use of 
     electronic media;
       Whereas, it is long past time for not only society, but 
     also for each community in Utah, down to the individual 
     school community level, to acknowledge that bullying is not 
     some sort of right of passage to be simply ignored or 
     tolerated;
       Whereas, incidents of reported school-related bullying in 
     the state and throughout the nation are ample evidence of the 
     need for intervention;
       Whereas, many bullies eventually end up with criminal 
     records and are involved in abusive relationships because 
     they have not learned appropriate social behavior;
       Whereas, it is within the goals and dictates of the state's 
     public education system to provide a healthy, positive, and 
     safe learning atmosphere for all Utah children in the state's 
     public schools;
       Whereas, many schools across the state are already engaged 
     in prevention efforts, including Utah's K-12 prevention 
     program, Prevention Dimensions;
       Whereas, these programs emphasize assessment of the 
     prevalence of bullying incidents and preventive, early 
     intervention strategies; and
       Whereas, with the help of local school boards, school 
     districts and school personnel, parents, and concerned 
     individuals, school bullying can be effectively addressed: 
     Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express its condemnation of 
     bullying, harassment, and intimidation in Utah schools. Be it 
     further
       Resolved, That the Legislature and the Governor urge school 
     districts, concerned parents, the members of the Utah 
     Substance Abuse and Anti-Violence Coordinating Council, and 
     the members of the Utah Education Coalition, which includes 
     the State Board of Education, the Utah Education Association, 
     the Utah Parent Teacher Association, the Utah School 
     Employees Association, the Utah Association of Elementary 
     School Principals, the Utah Association of Secondary School 
     Principals, the Utah School Boards Association, the Utah 
     State Office of Education, and the Utah School 
     Superintendents Association to work together to further 
     define and understand the multiple aspects of bullying and 
     effectively utilize systems for reporting school-related 
     bullying incidents. Be it further
       Resolved, That the Legislature and the Governor call upon 
     school districts, concerned parents, the members of Utah 
     Education Coalition, and the members of the Utah Substance 
     Abuse and Anti-Violence Coordinating Council to respond to 
     school-related bullying incidents by implementing a program 
     where victims of bullying can be identified and assisted, and 
     perpetrators educated, in order to create safer schools that 
     provide a positive learning environment. Be it further
       Resolved, That the Legislature and the Governor encourage 
     these groups to come together to form a coalition whose goal 
     would be to bring about, through education and other means, 
     the end of bullying, harassment, and intimidation in the 
     states public schools. Be it further
       Resolved, That a copy of this resolution be sent to the 
     State Board of Education, the Utah Education Association, the 
     Utah Parent Teacher Association, the Utah School Employees 
     Association, the Utah Association of Elementary School 
     Principals, the Utah Association of Secondary School 
     Principals, the Utah School Boards Association, the Utah 
     State Office of Education, the Utah School Superintendents 
     Association, the Utah Substance Abuse and Anti-Violence 
     Coordinating Council, each public school district in the 
     state of Utah, and the Utah Charter School Association.
                                  ____

       POM-381. A joint resolution by the Legislature of the State 
     of Utah relative to recognizing the rights of public school 
     students to voluntarily participate in religious expression 
     in public schools; to the Committee on Health, Education, 
     Labor, and Pensions.

                     Senate Joint Resolution No. 9

       Whereas, a firm understanding of the proper and lawful role 
     of religious expression is requisite to full participation in 
     public institutions;
       Whereas, a state of confusion and in some cases fear among 
     the general citizenry exists as to the proper role of 
     religious expression in public schools and other public 
     settings;
       Whereas, the free exercise of religion is a fundamental 
     right guaranteed by both the United States Constitution and 
     the Utah Constitution;
       Whereas, the freedom of speech is a fundamental right 
     guaranteed by both the United States Constitution and the 
     Utah Constitution;
       Whereas, the First Amendment to the United States 
     Constitution states, ``Congress shall make no law respecting 
     an establishment of religion, or prohibiting the free 
     exercise thereof; or abridging the freedom of speech, or of 
     the press; or the right of the people peaceably to 
     assemble'';
       Whereas, the Utah Constitution states, ``The rights of 
     conscience shall never be infringed. The State shall make no 
     law respecting an establishment of religion or prohibiting 
     the free exercise thereof; . . . There shall be no union of 
     Church and State, nor shall any church dominate the State or 
     interfere with its functions. No public money or property 
     shall be appropriated for or applied to any religious 
     worship, exercise or instruction, or for the support of any 
     ecclesiastical establishment.'';
       Whereas, the Utah Constitution also states: ``No law shall 
     be passed to abridge or restrain the freedom of speech or of 
     the press'';
       Whereas, prayer is fundamental to the exercise of both 
     religion and free speech;
       Whereas, courts have upheld the right of students to 
     spontaneously and nondisruptively pray in school settings, 
     and school administrators and teachers are in no way 
     permitted to discourage such religious expression, including 
     prayer, by a student;
       Whereas, in the classroom, instruction covering religious 
     subject matter is permitted, provided the teacher does not 
     advocate religion in general or one or more religions in 
     particular;
       Whereas, students participating in the singing of songs 
     that are religious in theme, and expressions often related to 
     holidays that are ``religious in nature, also enjoy legal 
     protection under the state and federal constitutions;
       Whereas, the courts have established a three-part test for 
     determining if a government action violates the establishment 
     of religion clause of the First Amendment to the United 
     States Constitution: (1) the government action must have a 
     secular (nonreligious) purpose; (2) the government action's 
     primary purpose must not be to inhibit or to advance 
     religion; and (3) there must be no excessive entanglement 
     between government and religion; and
       Whereas, the United States Supreme Court has ruled the 
     union-of-church-and-state ban applies only to circumstances 
     that join a particular religious denomination and the state 
     so that the two function in tandem on an ongoing basis: Now, 
     therefore, be it
       Resolved, That the Legislature of the State of Utah 
     recognizes the right of public school students to voluntarily 
     participate in prayer, and also in the singing of songs and 
     in expressions related to holidays that are religious in 
     nature, in public schools, within known legal limits of 
     religious expression, tolerance, civility, and dignity as 
     contemplated by this nation's founders. Be it further
       Resolved, That a copy of this resolution be sent annually 
     to each student currently enrolled in Utah's public schools, 
     each parent of a student currently enrolled in Utah's public 
     schools, the Utah Parent Teacher Association, the Utah 
     Education Association, the Utah State Board of Education, the 
     Utah State Office of Education, the Utah Association of 
     Counties, and the Utah League of Cities and Towns.
                                  ____

       POM-382. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii relative to providing states with the 
     necessary funding to implement the goals of the No

[[Page 15008]]

     Child Left Behind Act of 2001 and other education-related 
     programs; to the Committee on Health, Education, Labor, and 
     Pensions.

                  Senate Concurrent Resolution No. 104

       Whereas, the State of Hawaii has long pursued the goal of 
     improving the academic performance of all students, 
     especially those of minority racial and ethnic backgrounds, 
     lower economic status, and limited English proficiency, and 
     those with learning disabilities or challenges; and
       Whereas, the State of Hawaii, therefore, applauds the 
     President of the United States and Congress for setting the 
     same goals in the No Child Left Behind Act of 2001, and 
     emphasizing the urgency in closing the achievement gaps for 
     these students; and
       Whereas, the No Child Left Behind Act has encouraged some 
     needed changes in public education and was initially 
     accompanied by relatively large increases in federal funding 
     for public elementary and secondary education; and
       Whereas, the increases in federal funding since the first 
     year of implementation of the No Child Left Behind Act have 
     been minimal and insufficient to meet its requirements; and
       Whereas, the federal government has decreased funding for 
     programs implementing the No Child Left Behind Act in fiscal 
     year 2006 by almost $800,000,000, and for overall public 
     education by $606,000,000, including cuts of more than 
     $165,000,000 from postsecondary education and over 
     $20,000,000 from programs for students with disabilities: 
     Now, therefore, be it
       Resolved, by the Senate of the Twenty-third Legislature of 
     the State of Hawaii, Regular Session of 2006, the House of 
     Representatives concurring, That the Hawaii Legislature urges 
     the President of the United States and United States Congress 
     to make a serious commitment to improving the quality of the 
     nation's public schools by substantially increasing its 
     funding for implementation of the No Child Left Behind Act, 
     the Higher Education Act, the Individuals with Disabilities 
     Education Act, and other education-related programs; and be 
     it further
       Resolved, That the State of Hawaii requests that in any 
     year that federal funding for public elementary and secondary 
     education is decreased, the President, United States 
     Congress, and the United States Department of Education 
     create flexibility in No Child Left Behind Act requirements 
     through the use of state waivers, exemptions, or other 
     mechanisms; and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, the President Pro Tempore of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, the United States Secretary of Education, 
     and Hawaii's congressional delegation.
                                  ____

       POM-383. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to requesting the United 
     States Senate to pass the ``Stem Cell Research Enhancement 
     Act of 2005''; to the Committee on Health, Education, Labor, 
     and Pensions.

                   House Joint Resolution No. 06-1034

       Whereas, In May 2005, by a bipartisan vote of 238 to 194, 
     the United States House of Representatives passed H.R. 810, 
     the ``Stem Cell Research Enhancement Act of 2005'', and the 
     bill is currently pending in the United States Senate; and
       Whereas, H.R. 810 would authorize research using embryonic 
     stem cells only if the stem cells are derived from human 
     embryos that have been donated from in-vitro fertilization 
     clinics, are created for the purpose of fertility treatment, 
     and are in excess of the clinical need of the individuals 
     seeking such treatment; and
       Whereas, H.R. 810 would further require that it be 
     determined that the human embryos used for research are ones 
     that would never be implanted in a woman and would otherwise 
     be discarded, and that the individuals donating the human 
     embryos give written, informed consent to the donation and do 
     not receive any financial or other inducements to make the 
     donation; and
       Whereas, Stem cell research offers the opportunity to 
     discover cures and treatments for diseases such as 
     Parkinson's, Alzheimer's, ALS, diabetes, spinal cord injury, 
     and many others; and
       Whereas, We have a responsibility to ensure that this 
     research proceeds with ethical safeguards and strict 
     guidelines, and, by permitting research only on excess 
     embryos created in the in-vitro fertilization process and 
     establishing a clear, voluntary consent process for donors, 
     H.R 810 meets this responsibility; and
       Whereas, Senator Bill Frist, Senate Majority leader, noted, 
     ``While human embryonic stem cell research is still at a very 
     early stage, the limitations put in place in 2001 will, over 
     time, slow our ability to bring potential new treatments for 
     certain diseases. Therefore, I believe the President's policy 
     should be modified'': Now, therefore, be it
       Resolved, by the House of Representatives of the Sixty-
     fifth General Assembly of the State of Colorado, the Senate 
     concurring herein; That the General Assembly of the state of 
     Colorado requests the United States Senate to move 
     expeditiously to pass H.R. 810 and urges all members of the 
     United States Senate to vote in favor of H.R. 810; and be it 
     further
       Resolved, That copies of this Joint Resolution be sent to 
     the President and Vice-President of the United States, the 
     Majority and Minority Leaders of the Senate, the Colorado 
     Senate delegation.
                                  ____

       POM-384. A joint resolution adopted by the Legislature of 
     the State of Utah relative to supporting Utah Highway Patrol 
     use of white crosses as roadside memorials; to the Committee 
     on Homeland Security and Governmental Affairs.

                   House Concurrent Resolution No. 4

       Whereas, since the creation of the Utah Highway Patrol in 
     1935, 14 Highway Patrol officers have been killed in the line 
     of duty;
       Whereas, the 14 Utah Highway Patrolmen who have been killed 
     in the line of duty are Patrolman George ``Ed'' VanWagenen 
     and Troopers Armond A. ``Monty'' Luke, George Dee Rees, 
     Charles D. Warren, John R. Winn, William J. Antoniewicz, 
     Robert B. Hutchings, Ray Lynn Pierson, Daniel W. Harris, 
     Joseph ``Joey'' S. Brumett III, Dennis ``Dee'' Lund, Doyle R. 
     Thorne, Randy K. Ingram, and Thomas S. Rettberg;
       Whereas, for the families of these officers who have paid 
     the ultimate price for their service, there is often very 
     little that can be done to stem the tide of their grief and 
     suffering, or to help them move on with their lives;
       Whereas, the families of these officers killed in the line 
     of duty have been involved in, and have supported, the 
     creation of roadside memorials that are placed near the 
     location of the incidents that caused the deaths of their 
     loved ones;
       Whereas, each memorial represents a Utah Highway Patrol 
     officer who died in the line of duty and service to the state 
     of Utah and its citizens;
       Whereas, a white cross has become widely accepted as a 
     symbol of a death, and not a religious symbol, when placed 
     along a highway;
       Whereas, the memorials remind the citizens of Utah and this 
     nation of the price that is too often paid for safety and 
     freedom;
       Whereas, the memorials also console the family members left 
     behind, who too often consist of young mothers and young 
     children;
       Whereas, the primary feature of the memorials is a white 
     cross, which was never intended as a religious symbol, but as 
     a symbol of the sacrifice made by these highway patrol 
     officers;
       Whereas, the beehive emblem, which is also the official 
     state emblem, is attached to the cross because the emblem is 
     worn as part of the official Utah Highway Patrol uniform;
       Whereas, the purchase and placement of these memorials has 
     been accomplished with private funds only; and
       Whereas, given the heartfelt yet nonsectarian intentions of 
     the memorials, removing or tampering with them would clearly 
     convey an absence of concern, respect, and recognition of the 
     sacrifices made by these officer and their families: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, express support for the Utah 
     Highway Patrol's use of white crosses, or other appropriate 
     symbols as requested by the family, as roadside memorials as 
     a means to pay tribute to the heroes from the ranks of the 
     Utah Highway Patrol who have fallen and to their families; 
     and be it further
       Resolved, That a copy of this resolution be sent to the 
     surviving spouse or nearest relative of each Utah Highway 
     Patrol Officer who has been killed in the line of duty and 
     service to the citizens of Utah, the Utah Highway Patrol, and 
     the Utah Highway Patrol Association.
                                  ____

       POM-385. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to authorizing funding for the Navajo Health 
     Foundation/Sage Memorial Hospital; to the Committee on Indian 
     Affairs.

                   House Concurrent Memorial No. 2002

       Your memorialist respectfully represents:
       Whereas, the Navajo Nation finds that the lack of 
     appropriations by the United States Congress for full funding 
     of the Navajo Health Foundation/Sage Memorial Hospital, Inc. 
     contract severely and negatively impacts the delivery of 
     health care services to Navajo recipients of health care 
     services.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the United States Congress authorize and rebudget 
     contract health care service funds appropriated to the Navajo 
     Area Indian Health Service into hospital and clinic budgeted 
     funds to fully fund the P.L. 93-638 contract with the Navajo 
     Health Foundation/Sage Memorial Hospital.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of United States House of 
     Representatives, the United States Secretary of Health and 
     Human Services and each Member of Congress from the State of 
     Arizona.
                                  ____

       POM-386. A concurrent memorial adopted by the House of 
     Representatives of the Legislature of the State of Arizona 
     relative to permanently repealing the death tax, dissolving

[[Page 15009]]

     United States Membership in the United Nations, and removing 
     specific areas relating to faith from the jurisdiction of the 
     United States Supreme Court; to the Committee on the 
     Judiciary.

                   House Concurrent Memorial No. 2011

       Whereas, under tax relief legislation passed in 2001, the 
     death tax was temporarily phased out but not permanently 
     eliminated; and
       Whereas, farmers and other small business owners will face 
     losing their farms and businesses if the federal government 
     resumes the heavy taxation of citizens at death; and
       Whereas, this is a tax that is particularly damaging to 
     families who are working their way up the ladder and trying 
     to accumulate wealth for the first time; and
       Whereas, employees suffer layoffs when small and medium 
     businesses are liquidated to pay death taxes; and
       Whereas, if the death tax had been repealed in 1996, the 
     United States economy would have realized billions of dollars 
     of extra output each year and an average of 145,000 
     additional new jobs would have been created; and
       Whereas, having repeatedly passed in the United States 
     House of Representatives and Senate, repeal of the death tax 
     holds wide bipartisan support.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That the Congress of the United States immediately and 
     permanently repeal the death tax.
       Your memorialist respectfully represents:
       Whereas, the United States of America became an 
     independent, sovereign nation for the reasons expressed in 
     the Declaration of Independence and as the result of a bloody 
     war to achieve its independence: and
       Whereas, the Constitution of the United States of America 
     is, and rightfully must remain, the Supreme Law of the Land; 
     and
       Whereas, the Constitution of the United States of America 
     provides for limited, non-delegable and diffused powers of 
     governments that are separated among the Congress, the 
     President and the judiciary and that preserve the powers and 
     duties of the individual states and the people; and
       Whereas, the Constitution of the United States of America 
     guarantees personal liberties of each individual citizen; and
       Whereas, the Charter of the United Nations purports to 
     supersede the independence and sovereignty of the United 
     States and the Constitution of the United States of America 
     and to usurp powers delegated in the Constitution by:
       1. Concentrating in the United Nations Security Council 
     control and use of certain American military personnel and 
     the military personnel of all member nations for its own 
     purposes without any accountability and in violation of the 
     exclusive power of the United States Congress to declare war.
       2. Seeking authority to tax citizens of the United States 
     and other member nations directly to support United Nations 
     activities.
       3. Sponsoring and extending to all nations, whether 
     signatories or not, an International Criminal Court that 
     violates the rights of the accused as well as the 
     Constitution of the United States and the Bill of Rights; and
       Whereas, the oil-for-food effort in Iraq has been a global 
     scandal that has enriched Saddam Hussein and his inner 
     circle, leaving the Iraqi people further deprived, and has 
     further enabled him to acquire arms and munitions that have 
     been used against United States forces, all having occurred 
     while under the supervision of the United Nations; and
       Whereas, Congressman Ron Paul of Texas has introduced a 
     bill in Congress that is known as the American Sovereignty 
     Restoration Act of 2005. This important legislation, H.R. 
     1146, would end the membership of the United States in the 
     United Nations; and
       Whereas, the only benefit to the United States of America 
     to belong to the United Nations is that we have veto 
     authority on the Security Council to protect our allies, such 
     as the Nation of Israel; and
       Whereas, H.R. 1146 would repeal the United Nations 
     Participation Act of 1945, the United Nations Headquarters 
     Agreement Act and various other related laws. The bill would 
     prevent the authorization of further monies for United 
     Nations military operations and would terminate the 
     participation of the United States in United Nations 
     peacekeeping operations; and
       Whereas, the Constitution and bylaws of the United Nations 
     frequently conflict with the Constitution and laws of the 
     United States. Over the years, past presidents have 
     unconstitutionally transferred their authority to United 
     Nations commanders without the consent of Congress; and
       Whereas, the enactment of H.R. 1146, the American 
     Sovereignty Restoration Act of 2005, would end the usurpation 
     of American powers by the United Nations and would reaffirm 
     the sovereignty of the United States.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That upon such time that the United States of America 
     ceases to use its veto authority on the United Nations 
     Security Council to protect Israel, the Congress of the 
     United States take immediate steps to ensure the passage of 
     H.R. 1146, the American Sovereignty Restoration Act of 2005, 
     and take any other measures necessary to dissolve the 
     membership of the United States in the United Nations.
       Your memorialist also respectfully represents:
       Whereas, on June 27, 2005, the United States Supreme Court, 
     in two razor thin majorities of 5-4 concluded that it is 
     consistent with the First Amendment to display the Ten 
     Commandments in an outdoor public square in Texas, but not on 
     the courthouse walls of two counties in Kentucky; and
       Whereas, many Americans are deeply puzzled as to how the 
     Court could produce two opposite results involving the same 
     Ten Commandments; and
       Whereas, it is appropriate to observe that, based on the 
     Kentucky decision, it is acceptable to display the Ten 
     Commandments in a county courthouse, provided you do not 
     believe in God; and
       Whereas. Justice Scalia, in the Kentucky case, used these 
     words to emphasize the importance of the Ten Commandments to 
     most Americans: ``The three most popular religions in the 
     United States, Christianity, Judaism and Islam--which 
     combined account for 97.7% of all believers--are monotheistic 
     . . . [a]ll of them, moreover (Islam included), believe that 
     the Ten Commandments were given by God to Moses, and are 
     divine prescriptions for a virtuous life''; and
       Whereas, very recent polling data by a major Washington, 
     D.C. paper revealed that a huge majority of the American 
     people supports posting the Ten Commandments; and
       Whereas, S520 and HR1070 are bills that would allow the 
     display of the Commandments in public places in America. The 
     operative language provides: ``. . . [t]he Supreme Court 
     shall not have jurisdiction to review, by appeal, writ of 
     certiorari, or otherwise, any matter to the extent that 
     relief is sought against an entity of Federal, State, or 
     local government, or against an officer or agent of Federal, 
     State, or local government (whether or not acting in official 
     or personal capacity), concerning that entity's, officer's, 
     or agent's acknowledgment of God as the sovereign source of 
     law, liberty, or government''; and
       Whereas, hearings were held on the same language in June 
     2004 in the Constitution, Civil Rights and Property Rights 
     Subcommittee of the Senate Judiciary Committee. Hearings were 
     also held on this language in September 2004 in the Courts 
     Subcommittee of the House Judiciary Committee: and
       Whereas, former Chief Justice Rehnquist, in the Texas case, 
     used the following words to describe the obvious duplicity of 
     the United States Supreme Court in telling local governments 
     in America that they may not display the Ten Commandments in 
     local buildings in their communities while at the same time 
     allowing the Ten Commandments to be present on the building 
     housing the United States Supreme Court: ``Since 1935, Moses 
     has stood, holding two tablets that reveal portions of the 
     Ten Commandments written in Hebrew, among other lawgivers in 
     the south frieze. Representations of the Ten Commandments 
     adorn the metal gates lining the north and south sides of the 
     Courtroom as well as the doors leading into the Courtroom. 
     Moses also sits on the exterior east facade of the building 
     holding the Ten Commandments tablets.''; and
       Whereas, the Kentucky decision will be used by litigants 
     who want to remove God from the public square in America. 
     Sooner or later, this effort will take place in our states. 
     Reports have indicated that efforts to remove the Ten 
     Commandments from public buildings or public parks are now 
     underway in at least twenty-five different places in America.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That the United States Congress adopt S520 and HR1070, and 
     in so doing, protect the ability of the people of this state 
     and nation to display the Ten Commandments in public 
     buildings, to express their faith in public, to retain God in 
     the Pledge of Allegiance and in the national motto, and to 
     use article III, section 2.2, United States Constitution, to 
     remove these areas from the jurisdiction of the United States 
     Supreme Court.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-387. A resolution adopted by the House of 
     Representatives of the Legislature of the State of Michigan 
     relative to making the Republic of Poland eligible for the 
     United States Department of State Visa Waiver Program; to the 
     Committee on the Judiciary.

                          House Resolution 269

       Whereas, The Republic of Poland is a free, democratic, and 
     independent nation. The fall of the Berlin Wall in 1989 paved 
     the way for Poland to break free from Soviet control and 
     pursue its own destiny. In 1999, the United States and the 
     Republic of Poland became

[[Page 15010]]

     formal allies when Poland was granted membership in the North 
     Atlantic Treaty Organization. Since that historic occasion, 
     the Republic of Poland has proven to be an indispensable ally 
     in the global campaign against terrorism. Poland actively 
     participated in Operation Iraqi Freedom and the Iraqi 
     reconstruction mission, shedding blood along with American 
     military personnel; and
       Whereas, From the beginning of Poland's new independence, 
     the Polish people have expressed their wishes for close ties 
     with America. On April 15, 1991, the Republic of Poland 
     unilaterally repealed the visa obligation for United States 
     citizens traveling to Poland. The United States has not 
     reciprocated this gesture. Our Department of State's Visa 
     Waiver Program currently allows citizens from 27 countries to 
     travel to the United States for tourism or business for up to 
     90 days without first obtaining visas for entry. The 
     countries that currently participate in the Visa Waiver 
     Program include Andorra, Australia, Austria, Belgium, Brunei, 
     Denmark, Finland, France, Germany, Iceland, Ireland, Italy, 
     Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, 
     New Zealand, Norway, Portugal, San Marino, Singapore, 
     Slovenia, Spain, Sweden, Switzerland, and the United Kingdom; 
     and
       Whereas, the President of the United States and other high 
     ranking officials have rightly described Poland as ``one of 
     our closest friends.'' After emerging from five decades of 
     foreign domination, the people of Poland have made great 
     strides in building a free and prosperous nation to stand by 
     America's side in the great struggle of our day. It is 
     appropriate that the Republic of Poland be made eligible for 
     the United States Department of State Visa Waiver Program: 
     Now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the President of the United States and the United 
     States Congress to make the Republic of Poland eligible for 
     the United States Department of State Visa Waiver Program; 
     and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the members of the Michigan congressional 
     delegation, and the Ambassador of the Republic of Poland to 
     the United States of America.
                                  ____

       POM-388. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Massachusetts relative to 
     affirming the civil rights and liberties of the people of 
     Massachusetts; to the Committee on the Judiciary.

                           Senate Resolution

       Whereas, the struggle to establish democracy and secure the 
     rights and liberties of Americans began in Massachusetts; and
       Whereas, the Declaration of Rights of the inhabitants of 
     the Commonwealth of Massachusetts was the first enumeration 
     of the civil rights and liberties of Americans, provided a 
     model for the United States Constitution and its Bill of 
     Rights, and continues to serve the Citizens of the 
     Commonwealth; and
       Whereas, every duly elected public official in 
     Massachusetts has sworn to uphold the Constitution of the 
     United States and the Constitution of the Commonwealth; and
       Whereas, in response to the terrorist attacks of September 
     11, 2001, the United States Congress passed, without public 
     hearings and with little debate, the USA PATRIOT Act (Public 
     Law 107-56), provisions of which threaten the fundamental 
     rights and liberties of citizens and non-citizens; and
       Whereas, through executive orders, changes in procedures, 
     and other actions, the United States Department of Justice 
     has adopted practices which infringe upon the rights and 
     liberties of citizens and non-citizens; and
       Whereas, fifty-three Massachusetts cities and towns and 
     more than 400 cities and towns across the United States have 
     passed resolutions that affirm their support for our 
     fundamental freedoms and that state their opposition to 
     provisions of the USA Patriot Act and the practices of the 
     United States Department of Justice; and
       Whereas, on November 2, 2004, in the 9 State legislative 
     districts where it appeared on the ballot, voters approved, 
     by overwhelming margins, a referendum question requesting 
     legislators to support a Massachusetts resolution asserting 
     that the campaign against terrorism should not be waged at 
     the expense of civil rights and liberties, and to support 
     legislation barring the use of State resources for racial and 
     religious profiling, for secret investigations without 
     reasonable grounds, and for maintaining files on individuals 
     and organizations without reasonable suspicion of criminal 
     conduct; and
       Whereas, the States of Alaska, Hawaii, Vermont, Maine, 
     Montana, Idaho and Colorado have passed resolutions opposing 
     provisions of the USA PATRIOT Act and Federal practices which 
     threaten our civil liberties; and
       Whereas, in recent testimony and through legislative 
     initiatives, the United States Department of Justice has 
     indicated an intention to seek even greater powers of 
     surveillance, investigation and prosecution; now there be it
       Resolved, That the Massachusetts State Senate hereby 
     affirms the rights and liberties of the people of 
     Massachusetts and our system of checks and balances as 
     specified in the United States Constitution, the Bill of 
     Rights, and the Constitution of the Commonwealth of 
     Massachusetts; and be it further
       Resolved, That the Massachusetts State Senate hereby 
     affirms that measures taken to protect our local and national 
     security must be guided by and must respect principles of 
     American liberty and the rights of persons as enshrined in 
     the Constitution of the Commonwealth of Massachusetts, the 
     United States Constitution and the Bill of Rights; and be it 
     further
       Resolved, That the Massachusetts State Senate hereby 
     requests that the State and local law enforcement authorities 
     refrain from actions that impinge and infringe upon and 
     violate constitutional rights, such as racial and religious 
     profiling, conducting warrantless searches and maintaining 
     files on individuals and organizations without reasonable 
     suspicion of criminal conduct; and be it further
       Resolved, That the Massachusetts State Senate hereby urges 
     the United States Congress to allow to sunset, to repeal or 
     to amend those sections of the USA PATRIOT Act which allow 
     the executive branch to infringe upon the rights and 
     liberties of persons as specified in the United States 
     Constitution, the Bill of Rights and the Constitution of the 
     Commonwealth of Massachusetts, and to oppose any additional 
     legislation that would infringe upon these rights and 
     liberties; and be it further
       Resolved, That the Massachusetts State Senate hereby urges 
     the United States Department of Justice and other Federal 
     agencies and departments to refrain from any investigations, 
     procedures or prosecutions which infringe upon the liberties 
     of persons as specified in the United States Constitution, 
     the Bill of Rights and the Constitution of the Commonwealth 
     of Massachusetts, or which single out individuals for legal 
     scrutiny or enforcement activity based upon their race, 
     religion, ethnicity or country of origin; and be it further
       Resolved, That the Massachusetts State Senate hereby urges 
     the United States Congress to exercise its constitutionally 
     necessary and proper oversight responsibilities relative to 
     the operations and actions of the Departments of Defense and 
     Justice, the National Security Agency and the Central 
     Intelligence Agency that may adversely affect and impinge 
     upon civil rights and liberties, and to ensure the 
     publication of its findings; and be it further
       Resolved, That copies of these resolutions be transmitted 
     forthwith by the Clerk of the Senate to the Honorable George 
     W. Bush, President of the United States; to Alberto Gonzales, 
     Attorney General of the United States; and to Michael J. 
     Sullivan, United States Attorney for Massachusetts; and be it 
     further
       Resolved, That copies of these resolutions shall be 
     transmitted to United States Senators Edward Kennedy and John 
     Kerry, Congressmen Michael Capuano, William Delahunt, Barney 
     Frank, Stephen Lynch, Edward Markey, James McGovern, Marty 
     Meehan, Richard Neal, John Olver and John Tierney, 
     Massachusetts Governor Mitt Romney, Massachusetts Attorney 
     General Tom Reilly, Massachusetts State Police Colonel Thomas 
     G. Robbins and to all city and town halls and public 
     libraries within the Commonwealth of Massachusetts.
                                  ____

       POM-389. A concurrent resolution adopted by the Senate of 
     the Legislature of the State of Louisiana relative to passing 
     a constitutional amendment banning the desecration of the 
     United States flag; to the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 23

       Whereas, during the first session of the 109th Congress of 
     the United States of America, House Joint Resolution 10 was 
     introduced proposing to amend the Constitution of the United 
     States to authorize the Congress to prohibit the physical 
     desecration of the flag of the United States; and
       Whereas, the United States House of Representatives on June 
     22, 2005, by a vote of two hundred eighty-six to one hundred 
     thirty, passed the constitutional amendment prohibiting the 
     physical desecration of the United States flag; and
       Whereas, the United States Senate has until the end of 2006 
     to take action upon House Joint Resolution 10; and
       Whereas, since 1995, the United States Senate has failed to 
     pass five similar constitutional amendments which were 
     previously passed by the United States House of 
     Representatives; and
       Whereas, the United States Senate should not continue to 
     prevent the individual states of the United States from 
     having a voice in whether or not to ratify this 
     constitutional amendment: Therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Senate to take such actions as 
     are necessary to pass the proposed constitutional amendment 
     banning the desecration of the United States flag which was 
     passed by the United States House of Representatives on June 
     22, 2005; and be it further.

[[Page 15011]]

       Resolved, That a copy of this Resolution shall be 
     transmitted to the president of the United States, the 
     secretary of the United States Senate, the clerk of the 
     United States House of Representatives, and each member of 
     the Louisiana delegation to the United States Congress.
                                  ____

       POM-390. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Louisiana 
     relative to taking such actions as are necessary to support 
     the Marriage Protection Amendment; to the Committee on the 
     Judiciary.

                  House Concurrent Resolution No. 235

       Whereas, marriage is a sacred institution that has endured 
     for centuries as the bedrock of a healthy and successful 
     family; and
       Whereas, the stable and healthy marriage is the most 
     beneficial circumstance within which to rear children; and
       Whereas, marriage has been reflected historically in the 
     laws of the United States and of the individual states as the 
     union of a man and a woman; and
       Whereas, in the 2004 Regular Session of the Louisiana 
     Legislature, Act No. 926 provided that marriage in this state 
     shall consist only of the union of one man and one woman; and
       Whereas, Act No. 926 of the 2004 Regular Session was 
     approved by eighty-three percent of the House of 
     Representatives and seventy-nine percent of the Senate; and
       Whereas, Act No. 926 of the 2004 Regular Session was 
     submitted to the voters of Louisiana on September 18, 2004, 
     and was approved by seventy-eight percent of the voters; and
       Whereas, thirteen other states of the United States have 
     approved similar constitutional amendments limiting marriage 
     to the union of one man and one woman; and
       Whereas, the protection of marriage is essential to the 
     continued strength of the nation, and it is vital that 
     Congress and the United States senators from Louisiana vote 
     to support the Marriage Protection Amendment: Therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress and Senators Mary 
     Landrieu and David Vitter to take such actions as are 
     necessary to support and vote for the Marriage Protection 
     Amendment presently pending in the United States Senate; and 
     be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each of the United States senators from 
     Louisiana.
                                  ____

       POM-391. A joint resolution adopted by the General Assembly 
     of the State of Tennessee relative to the addition of a 
     balanced budget amendment to the United States Constitution; 
     to the Committee on the Judiciary.

                    Senate Joint Resolution No. 574

       Whereas with each passing year our nation falls further 
     into debt as federal government expenditures repeatedly 
     exceed available revenue; and
       Whereas the federal public debt now stands at approximately 
     $8.2 trillion, which equates to $27,600 of debt for every 
     man, woman, and child in America; and
       Whereas the annual federal budget has risen to 
     unprecedented levels, demonstrating an unwillingness or 
     inability of both the legislative and executive branches of 
     federal government to control the federal debt; and
       Whereas fiscal discipline is a powerful means for 
     strengthening our nation; with a constitutional provision 
     requiring a federal balanced budget, less of America's 
     financial resources would be channeled into servicing the 
     national debt and more of our tax dollars would be available 
     for public endeavors that reflect our national priorities, 
     such as education, health, the security of our nation, and 
     the creation of jobs; and
       Whereas Thomas Jefferson recognized the importance of a 
     balanced budget when he wrote: ``The question whether one 
     generation has the right to bind another by the deficit it 
     imposes is a question of such consequence as to place it 
     among the fundamental principles of government. We should 
     consider ourselves unauthorized to saddle posterity with our 
     debts, and morally bound to pay for them ourselves.''; and
       Whereas state legislatures overwhelmingly recognize the 
     necessity of maintaining a balanced budget; whether through 
     constitutional requirement or by statute, 49 states require a 
     balanced budget; and
       Whereas in promoting the broadest principles of a 
     government of, by, and for the people, one of the core 
     functions of the United States Constitution is to enumerate 
     and limit federal power; and
       Whereas the federal government's unlimited ability to 
     borrow involves decisions of such magnitude, with such 
     potentially profound consequences for the nation and its 
     people, today and in the future, that it is an appropriate 
     subject for limitation by the United States Constitution; and
       Whereas the United States Constitution vests the ultimate 
     responsibility to approve or disapprove amendments to the 
     Constitution with the people of the several states, as 
     represented by their elected legislatures: Now, therefore, be 
     it
       Resolved by the Senate of the One Hundred Fourth General 
     Assembly of the State of Tennessee, the House of 
     Representatives Concurring, that we hereby strongly urge the 
     United States Congress to propose, adopt, and submit to the 
     states for ratification an amendment to the United States 
     Constitution requiring a balanced federal budget on an annual 
     basis, except in times of extreme national emergency; and be 
     it further
       Resolved, that an enrolled copy of this resolution be 
     transmitted to the President and the Secretary of the United 
     States Senate, the Speaker and the Clerk of the United States 
     House of Representatives, and each member of Tennessee's 
     Congressional delegation.
                                  ____

       POM-392. A resolution adopted by the Senate of the General 
     Assembly of the State of Tennessee relative to the 
     ``Constitution Restoration Act of 2005''; to the Committee on 
     the Judiciary.

                       Senate Resolution No. 158

       Resolved by the Senate of the One Hundred Fourth General 
     Assembly of the State of Tennesee, That through passage of 
     this resolution, this body hereby memorializes the United 
     Slates Congress to enact S. 520 and H.R. 1070 of the 109th 
     Congress, which bears the short title ``Constitution 
     Restoration Act of 2005'', and by enacting such legislation 
     protect the ability of the people of our state and nation to:
       (1) Display the Ten Commandments in public buildings and 
     public places in this state and nation;
       (2) Express their faith in public;
       (3) Retain God in the Pledge of Allegiance;
       (4) Retain ``In God We Trust'' as our national motto; and
       (5) Otherwise acknowledge God as the sovereign source of 
     law, liberty, and government in these United States; and be 
     it further
       Resolved, That an enrolled copy of this resolution be 
     transmitted to the Speaker and the Clerk of the United States 
     House of Representatives; the President and the Secretary of 
     the United States House of Representatives; the President and 
     the Secretary of the United States Senate; and to each member 
     of Tennessee's delegation to the United States Congress.
                                  ____
                                  

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. McCAIN, from the Committee on Indian Affairs, 
     without amendment:
       S. 2464. A bill to revise a provision relating to a 
     repayment obligation of the Fort McDowell Yavapai Nation 
     under the Fort McDowell Indian Community Water Rights 
     Settlement Act of 1990, and for other purposes (Rept. No. 
     109-284).
       By Mr. STEVENS, from the Committee on Commerce, Science, 
     and Transportation, with amendments:
       S. 2802. A bill to improve American innovation and 
     competitiveness in the global economy (Rept. No. 109-285).
       By Mr. SPECTER, from the Committee on the Judiciary, with 
     an amendment:
       S. 2703. A bill to amend the Voting Rights Act of 1965.

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       By Mr. SHELBY for the Committee on Banking, Housing, and 
     Urban Affairs.
       *James Lambright, of Mississippi, to be President of the 
     Export-Import Bank of the United States for a term expiring 
     January 20, 2009.
       *Linda Mysliwy Conlin, of New Jersey, to be First Vice 
     President of the Export-Import Bank of the United States for 
     a term expiring January 20, 2009.
       *J. Joseph Grandmaison, of New Hampshire, to be a Member of 
     the Board of Directors of the Export-Import Bank of the 
     United States for a term expiring January 20, 2009.
       *Geoffrey S. Bacino, of Illinois, to be a Director of the 
     Federal Housing Finance Board for a term expiring February 
     27, 2013.
       *Frederic S. Mishkin, of New York, to be a Member of the 
     Board of Governors of the Federal Reserve System for the 
     unexpired term of fourteen years from February 1, 2000.
       *Edmund C. Moy, of Wisconsin, to be Director of the Mint 
     for a term of five years.
       By Mr. STEVENS for the Committee on Commerce, Science, and 
     Transportation.
       *Andrew B. Steinberg, of Maryland, to be an Assistant 
     Secretary of Transportation.
       *Mark V. Rosenker, of Maryland, to be Chairman of the 
     National Transportation Safety Board for a term of two years.
       *R. Hunter Biden, of Delaware, to be a Member of the Reform 
     Board (Amtrak) for a term of five years.
       *Donna R. McLean, of the District of Columbia, to be a 
     Member of the Reform Board (Amtrak) for a term of five years.
       *John H. Hill, of Indiana, to be Administrator of the 
     Federal Motor Carrier Safety Administration.
       *Coast Guard nominations beginning with Rear Adm. (Ih) Gary 
     T. Blore and ending

[[Page 15012]]

     with Rear Adm. (Ih) Joel R. Whitehead, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on May 3, 2006.

  Mr. STEVENS. Mr. President, for the Committee on Commerce, Science, 
and Transportation I report favorably the following nomination list 
which was printed in the Record of the date indicated, and ask 
unanimous consent, to save the expense of reprinting on the Executive 
Calendar that this nomination lie at the Secretary's desk for the 
information of Senators.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  *National Oceanic and Atmospheric Administration nomination beginning 
with Philip A. Gruccio and ending with Jamie S. Wasser, which 
nominations were received by the Senate and appeared in the 
Congressional Record on May 24, 2006.

       By Mr. ENZI for the Committee on Health, Education, Labor, 
     and Pensions.
       *Lawrence A. Warder, of Texas, to be Chief Financial 
     Officer, Department of Education.
       *Troy R. Justesen, of Utah, to be Assistant Secretary for 
     Vocational and Adult Education, Department of Education.
       *Harry R. Hoglander, of Massachusetts, to be a Member of 
     the National Mediation Board for a term expiring July 1, 
     2008.
       *Elizabeth Dougherty, of the District of Columbia, to be a 
     Member of the National Mediation Board for a term expiring 
     July 1, 2009.
       *Ronald S. Cooper, of Virginia, to be General Counsel of 
     the Equal Employment Opportunity Commission for a term of 
     four years.

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. BOND:
       S. 3685. A bill to establish a grant program to provide 
     vision care to children, and for other purposes; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. FRIST (for himself and Mr. Alexander):
       S. 3686. A bill to suspend temporarily the duty on certain 
     AC electric motors; to the Committee on Finance.
           By Mr. SMITH (for himself and Mr. Wyden):
       S. 3687. A bill to waive application of the Indian Self-
     Determination and Education Assistance Act to a specific 
     parcel of real property transferred by the United States to 2 
     Indian tribes in the State of Oregon, and for other purposes; 
     to the Committee on Indian Affairs.
           By Mr. McCAIN (for himself and Mr. Graham):
       S. 3688. A bill to preserve the Mt. Soledad Veterans 
     Memorial in San Diego, California, by providing for the 
     immediate acquisition of the memorial by the United States; 
     to the Committee on Energy and Natural Resources.
           By Mr. JEFFORDS:
       S. 3689. A bill to establish a national historic country 
     store preservation and revitalization program; to the 
     Committee on Environment and Public Works.
           By Ms. STABENOW:
       S. 3690. A bill to authorize the Secretary of State to pay 
     the costs of evacuating nationals of the United States from 
     the Middle East in response to the hostilities between Israel 
     and its neighbors that began in July 2006, and to require, 
     except in limited circumstances, the reimbursement of such 
     costs; to the Committee on Foreign Relations.
           By Mr. KERRY (for himself, Ms. Snowe, Mr. Akaka, and 
             Mr. Talent):
       S. 3691. A bill to amend the Small Business Act, to reform 
     and reauthorize the National Veterans Business Development 
     Corporation, and for other purposes; to the Committee on 
     Small Business and Entrepreneurship.
           By Mr. VOINOVICH (for himself, Mr. Bingaman, Mrs. 
             Clinton, Mr. DeWine, Mr. Domenici, Mr. Kennedy, Mr. 
             Lieberman, Mr. Lott, Mr. Reed, and Mr. Sessions):
       S. 3692. A bill to extend the date on which the National 
     Security Personnel System will first apply to certain defense 
     laboratories; to the Committee on Homeland Security and 
     Governmental Affairs.
           By Mr. SPECTER (for himself and Mr. Biden):
       S. 3693. A bill to make technical corrections to the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005; considered and passed.
           By Mr. OBAMA (for himself, Mr. Lugar, Mr. Biden, Mr. 
             Smith, Mr. Bingaman, Mr. Harkin, Mr. Coleman, and Mr. 
             Durbin):
       S. 3694. A bill to increase fuel economy standards for 
     automobiles, and for other purposes; to the Committee on 
     Finance.
           By Mr. ROCKEFELLER (for himself, Mr. Schumer, and Mr. 
             Leahy):
       S. 3695. A bill to amend the Federal Food, Drug, and 
     Cosmetic Act to prohibit the marketing of authorized generic 
     drugs; to the Committee on Health, Education, Labor, and 
     Pensions.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. DeWINE:
       S. Con. Res. 110. A concurrent resolution commemorating the 
     60th anniversary of the historic 1946 season of Major League 
     Baseball Hall of Fame member Bob Feller and his return from 
     military service to the United States; to the Committee on 
     the Judiciary.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 138

  At the request of Mr. Kerry, the name of the Senator from Connecticut 
(Mr. Lieberman) was added as a cosponsor of S. 138, a bill to make 
improvements to the microenterprise programs administered by the Small 
Business Administration.


                                 S. 191

  At the request of Mr. Smith, the name of the Senator from Missouri 
(Mr. Bond) was added as a cosponsor of S. 191, a bill to extend certain 
trade preferences to certain least-developed countries, and for other 
purposes.


                                 S. 311

  At the request of Mr. Smith, the name of the Senator from Missouri 
(Mr. Bond) was added as a cosponsor of S. 311, a bill to amend title 
XIX of the Social Security Act to permit States the option to provide 
medicaid coverage for low-income individuals infected with HIV.


                                 S. 401

  At the request of Mr. Harkin, the name of the Senator from California 
(Mrs. Boxer) was added as a cosponsor of S. 401, a bill to amend title 
XIX of the Social Security Act to provide individuals with disabilities 
and older Americans with equal access to community-based attendant 
services and supports, and for other purposes.


                                 S. 424

  At the request of Mr. Bond, the name of the Senator from Connecticut 
(Mr. Lieberman) was added as a cosponsor of S. 424, a bill to amend the 
Public Health Service Act to provide for arthritis research and public 
health, and for other purposes.


                                 S. 666

  At the request of Mr. DeWine, the name of the Senator from New York 
(Mrs. Clinton) was added as a cosponsor of S. 666, a bill to protect 
the public health by providing the Food and Drug Administration with 
certain authority to regulate tobacco products.


                                S. 2123

  At the request of Mr. Allard, the name of the Senator from Georgia 
(Mr. Isakson) was added as a cosponsor of S. 2123, a bill to modernize 
the manufactured housing loan insurance program under title I of the 
National Housing Act.


                                S. 2154

  At the request of Mr. Obama, the name of the Senator from Minnesota 
(Mr. Dayton) was added as a cosponsor of S. 2154, a bill to provide for 
the issuance of a commemorative postage stamp in honor of Rosa Parks.


                                S. 2250

  At the request of Mr. Grassley, the name of the Senator from Hawaii 
(Mr. Inouye) was added as a cosponsor of S. 2250, a bill to award a 
congressional gold medal to Dr. Norman E. Borlaug.


                                S. 2491

  At the request of Mr. Cornyn, the name of the Senator from Ohio (Mr. 
DeWine) was added as a cosponsor of S. 2491, a bill to award a 
Congressional gold medal to Byron Nelson in recognition of his 
significant contributions to the game of golf as a player, a teacher, 
and a commentator.


                                S. 2560

  At the request of Mr. Specter, the name of the Senator from Minnesota 
(Mr. Dayton) was added as a cosponsor

[[Page 15013]]

of S. 2560, a bill to reauthorize the Office of National Drug Control 
Policy.


                                S. 2586

  At the request of Mr. Kerry, the name of the Senator from Connecticut 
(Mr. Lieberman) was added as a cosponsor of S. 2586, a bill to 
establish a 2-year pilot program to develop a curriculum at 
historically Black colleges and universities, Tribal Colleges, and 
Hispanic serving institutions to foster entrepreneurship and business 
development in underserved minority communities.


                                S. 2590

  At the request of Mr. Coburn, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 2590, a bill to require full 
disclosure of all entities and organizations receiving Federal funds.


                                S. 2616

  At the request of Mr. Santorum, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 2616, a bill to amend the 
Surface Mining Control and Reclamation Act of 1977 and the Mineral 
Leasing Act to improve surface mining control and reclamation, and for 
other purposes.


                                S. 2646

  At the request of Mr. Kerry, the name of the Senator from Connecticut 
(Mr. Lieberman) was added as a cosponsor of S. 2646, a bill to create a 
3-year pilot program that makes small, nonprofit child care businesses 
eligible for loans under title V of the Small Business Investment Act 
of 1958.


                                S. 2663

  At the request of Mr. Dodd, the name of the Senator from Indiana (Mr. 
Lugar) was added as a cosponsor of S. 2663, a bill to amend the Public 
Health Service Act to establish grant programs to provide for education 
and outreach on newborn screening and coordinated followup care once 
newborn screening has been conducted, to reauthorize programs under 
part A of title XI of such Act, and for other purposes.


                                S. 2679

  At the request of Mr. Talent, the name of the Senator from Florida 
(Mr. Nelson) was added as a cosponsor of S. 2679, a bill to establish 
an Unsolved Crimes Section in the Civil Rights Division of the 
Department of Justice, and an Unsolved Civil Rights Crime Investigative 
Office in the Civil Rights Unit of the Federal Bureau of Investigation, 
and for other purposes.


                                S. 2703

  At the request of Mr. Specter, the name of the Senator from Maine 
(Ms. Snowe) was added as a cosponsor of S. 2703, a bill to amend the 
Voting Rights Act of 1965.
  At the request of Mr. Leahy, the names of the Senator from Nebraska 
(Mr. Nelson), the Senator from Maine (Ms. Collins) and the Senator from 
North Dakota (Mr. Conrad) were added as cosponsors of S. 2703, supra.


                                S. 3495

  At the request of Mr. Smith, the name of the Senator from Utah (Mr. 
Bennett) was added as a cosponsor of S. 3495, a bill to authorize the 
extension of nondiscriminatory treatment (normal trade relations 
treatment) to the products of Vietnam.


                                S. 3620

  At the request of Mr. Levin, the name of the Senator from Rhode 
Island (Mr. Chafee) was added as a cosponsor of S. 3620, a bill to 
facilitate the provision of assistance by the Department of Housing and 
Urban Development for the cleanup and economic redevelopment of 
brownfields.


                                S. 3629

  At the request of Mr. Ensign, the name of the Senator from Alabama 
(Mr. Sessions) was added as a cosponsor of S. 3629, a bill to require a 
50-hour workweek for Federal prison inmates, to reform inmate work 
programs, and for other purposes.


                                S. 3656

  At the request of Mrs. Feinstein, the name of the Senator from 
Washington (Mrs. Murray) was added as a cosponsor of S. 3656, a bill to 
provide additional assistance to combat HIV/AIDS among young people, 
and for other purposes.


                                S. 3658

  At the request of Mr. Grassley, the names of the Senator from 
Arkansas (Mrs. Lincoln) and the Senator from North Dakota (Mr. Conrad) 
were added as cosponsors of S. 3658, a bill to reauthorize customs and 
trade functions and programs in order to facilitate legitimate 
international trade with the Untied States, and for other purposes.


                                S. 3667

  At the request of Mr. Frist, the name of the Senator from North 
Carolina (Mrs. Dole) was added as a cosponsor of S. 3667, a bill to 
promote nuclear nonproliferation in North Korea.


                                S. 3678

  At the request of Mr. Burr, the names of the Senator from Utah (Mr. 
Hatch), the Senator from New York (Mrs. Clinton), the Senator from 
Kansas (Mr. Roberts), the Senator from Georgia (Mr. Isakson), the 
Senator from Ohio (Mr. DeWine) and the Senator from Tennessee (Mr. 
Alexander) were added as cosponsors of S. 3678, a bill to amend the 
Public Health Service Act with respect to public health security and 
all-hazards preparedness and response, and for other purposes.


                                S. 3680

  At the request of Mr. Kerry, the name of the Senator from Indiana 
(Mr. Bayh) was added as a cosponsor of S. 3680, a bill to amend the 
Small Business Investment Act of 1958 to reauthorize and expand the New 
Markets Venture Capital Program, and for other purposes.


                                S. 3681

  At the request of Mr. Domenici, the name of the Senator from Virginia 
(Mr. Allen) was added as a cosponsor of S. 3681, a bill to amend the 
Comprehensive Environmental Response Compensation and Liability Act of 
1980 to provide that manure shall not be considered to be a hazardous 
substance, pollutant, or contaminant.


                              S. RES. 526

  At the request of Mrs. Clinton, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. Res. 526, a resolution 
condemning the murder of United States journalist Paul Klebnikov on 
July 9, 2004, in Moscow, and the murders of other members of the media 
in the Russian Federation.


                           AMENDMENT NO. 4677

  At the request of Mr. Chafee, the name of the Senator from Rhode 
Island (Mr. Reed) was added as a cosponsor of amendment No. 4677 
intended to be proposed to S. 728, a bill to provide for the 
consideration and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BOND:
  S. 3685. A bill to establish a grant program to provide vision care 
to children, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. BOND. Mr. President, children endure a lot. They cannot always 
tell us what is wrong. Often they do not know themselves. So it takes a 
special person to work with young people and help identify their 
problems. Every child deserves the opportunity to reach their full 
potential, but it takes more than a bookbag full of pencils, paper, 
books and rulers to equip children with the tools necessary to succeed 
in school.
  The most important tool kids will take to school is their eyes. Good 
vision is critical to learning. Eighty percent of what kids learn in 
their early school years is visual. Unfortunately, we overlook that 
fact sometimes. According to the CDC only one in three children receive 
any form of preventive vision care before entering school. That means 
many kids are in school right now with an undetected vision problem. 
One in four children has a vision problem that can interfere with 
learning. Some children are even labeled ``disruptive'' or thought to 
have a learning disability when the real reason for their difficulty is 
an undetected vision problem.
  Without any vision care, some of our children will continue to fall 
through the cracks. I sympathize with these kids because I suffer from 
permanent vision loss in one eye as a result of

[[Page 15014]]

undiagnosed amblyopia in childhood. Amblyopia is the No. 1 cause of 
vision loss in young Americans. If discovered and treated early, vision 
loss from amblyopia can be largely prevented. Had I been identified and 
treated before I entered school, I could have avoided a lifetime of 
vision loss. Parents are not always aware that their child may suffer 
from a vision problem. By educating parents on the importance of vision 
care and recognizing signs of visual impairment we can help children 
avoid unnecessary vision loss.
  To ensure that children get the vital vision care that they need to 
succeed, today I am introducing the Vision Care for Kids Act of 2006 
which will establish a grant program to complement and encourage 
existing state efforts to improve children's vision care. More 
specifically, grant funds will be used to: (1) provide comprehensive 
eye exams to children that have been previously identified as needing 
such services; (2) provide treatment or services necessary to correct 
vision problems identified in that eye exam; and (3) develop and 
disseminate educational materials to recognize the signs of visual 
impairment in children for parents, teachers, and health care 
practitioners.
  We need to do this. We must improve vision care for children to 
better equip them to succeed in school and in life. The Vision Care for 
Kids Act, endorsed by the American Academy of Ophthalmology, American 
Optometric Association, and Vision Council of America, will make a 
difference in the lives of children across the country.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Graham):
  S. 3688. A bill to preserve the Mount Soledad Veterans Memorial in 
San Diego, California, by providing for the immediate acquisition of 
the memorial by the United States; to the Committee on Energy and 
Natural Resources.
  Mr. McCAIN. Mr President, today I am introducing legislation to 
preserve the Mount Soledad Veterans Memorial in San Diego, CA. I am 
pleased to be joined in this effort by Senator Graham.
  Since 1913, a series of crosses have stood on top of Mount Soledad, 
property owned by the city of San Diego. In April of 1954, the site was 
designated to commemorate the sacrifices made by members of the Armed 
Forces who served in World War II, as well as the Korean war.
  In 1989, one individual filed suit against the city claiming that the 
display of the cross by he city was unconstitutional and, therefore, 
violated his civil rights. In 1991, a Federal judge issued an 
injunction prohibiting the permanent display of the cross on city 
property. Since that time, the city has repeatedly tried to divest 
itself of the property through sale or donation. But the plaintiff 
continued to mount legal challenges to every attempted property 
transfer--revealing that his true objection is not to the city's 
display of the cross, but to the cross itself. The legal wrangling over 
this memorial continues today.
  The Mount Soledad Memorial is a remarkably popular landmark. On two 
different occasions, the voters of San Diego passed, by votes of 76 
percent, ballot measures designed to transfer the property to entities 
that could maintain it.
  I do not believe that the Mount Soledad cross violates the 
Constitution. Consequently, I do not believe there is just cause for 
removing it from its position as the centerpiece of the Soledad 
Veterans Memorial. Therefore, given the many years of legal disputes 
regarding this issue, I believe it is past time it is resolved.
  The bill I am introducing would bring the Mount Soledad cross under 
the control of the Federal Government, and specifically the Department 
of Defense. The process set forth in the bill is consistent with 
analysis provided by the Department of Justice's Office of Legislative 
Affairs in a recent letter to the chairman of the House Armed Services 
Committee. In that letter, the OLA stated, ``we would . . . point out 
that Congress could enact the necessary authority [to acquire the Mount 
Soledad Memorial] through an immediate legislative taking. . .''
  This bill would allow for the just compensation for the property in 
question. It also would address the required maintenance for the 
memorial and the surrounding property through a memorandum of 
understanding between the Secretary of Defense and the Mount Soledad 
Memorial Association. The minimal financial commitment required in this 
legislation will ensure the endurance of this memorial which serves as 
a reminder of the hundreds of thousands of men and women who made 
enormous sacrifices when our country called upon them.
  I encourage my colleagues to join me in supporting this legislation, 
which will ensure the preservation of an important tribute to our men 
and women of the Armed Forces.
                                 ______
                                 
      By Mr. JEFFORDS:
  S. 3689. A bill to establish a national historic country store 
preservation and revitalization program; to the Committee on 
Environment and Public Works.
  Mr. JEFFORDS. Mr. President, I have long been a proponent of measures 
that support historic preservation and economic development. In keeping 
with that tradition, I rise today to introduce the National Historic 
Country Store Preservation and Revitalization Act of 2006.
  This bill establishes a national program to support historic country 
store preservation and will aid in the revitalization of rural villages 
and community centers nationwide.
  For many Americans, the country store brings to mind days that have 
since passed, before much of this country became stamped with shopping 
malls and the ``big-box'' store. But for thousands of people living in 
Vermont and for millions more living in rural communities across the 
United States, a visit to the local country store is a regular part of 
one's daily life.
  In my hometown of Shrewsbury, VT, the Pierce Store was the hub of our 
small community when my wife Liz and I settled there in 1963. Run by 
the four Pierce siblings--Marjorie, Glendon, Marion and Gordon--the 
store was the place to go for a neighborly chat as much as for your 
milk and butter. Unfortunately, the Pierce Store closed its doors some 
years back and Shrewsbury lost a vital part of its identity.
  Yet while some country stores have been forced to close their doors, 
others have shown incredible resiliency.
  They have survived floods and fires, overcome economic downturns, and 
reformulated their inventories to meet modern needs. According to the 
Vermont Grocers' Association, country stores account for an estimated 
$55 million annually in retail sales in Vermont alone.
  But with increased competition and additional costs to maintain aging 
structures, today's remaining country store owners are hard-pressed to 
overcome these unprecedented challenges.
  My legislation authorizes the U.S. Economic Development 
Administration to make grants to national, state and local agencies and 
non-profit organizations to support historic country store preservation 
efforts. In addition, the bill establishes a revolving loan fund. The 
fund will be used for research, restoration work that will improve our 
understanding of existing needs and provide the assistance required to 
address them. The bill promotes the study of best practices for 
preserving structures, improving profitability and promoting 
collaboration among country store owners.
  My legislation unites small business development and historic 
preservation principles to sustain these invaluable community 
institutions. I encourage my colleagues to join me in my efforts to 
protect our rural heritage by preventing the further loss of our 
Nation's historic country stores.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3689

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

[[Page 15015]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Historic Country 
     Store Preservation and Revitalization Act of 2006''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) historic country stores are lasting icons of rural 
     tradition in the United States;
       (2) historic country stores are valuable contributors to 
     the civic and economic vitality of their local communities;
       (3) historic country stores demonstrate innovative 
     approaches to historic preservation and small business 
     practices;
       (4) historic country stores are threatened by larger 
     competitors and the costs associated with maintaining older 
     structures; and
       (5) the United States should--
       (A) collect and disseminate information concerning the 
     number, condition, and variety of historic country stores;
       (B) develop opportunities for cooperation among proprietors 
     of historic country stores; and
       (C) promote the long-term economic viability of historic 
     country stores through the provision of financial assistance 
     to historic country stores.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Country store.--
       (A) In general.--The term ``country store'' means a 
     structure independently owned and formerly or currently 
     operated as a business that--
       (i) sells or sold grocery items and other small retail 
     goods; and
       (ii) is located in--

       (I) an economically distressed area; or
       (II) a nonmetropolitan area, as defined by the Secretary.

       (B) Inclusion.--The term ``country store'' includes a 
     cooperative.
       (2) Economically distressed area.--The term ``economically 
     distressed area'' means an area that meets 1 or more of the 
     criteria described in section 301(a) of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3161(a)).
       (3) Eligible applicant.--The term ``eligible applicant'' 
     means--
       (A) a State department of commerce or economic development;
       (B) a national or State nonprofit organization that--
       (i) is described in section 501(c)(3), and exempt from 
     Federal tax under section 501(a), of the Internal Revenue 
     Code of 1986; and
       (ii)(I) has experience or expertise, as determined by the 
     Secretary, in the identification, evaluation, rehabilitation, 
     or preservation of historic country stores; or
       (II) is undertaking economic and community development 
     activities;
       (C) a national or State nonprofit trade organization that--
       (i) is described in section 501(c)(3), and exempt from 
     Federal tax under section 501(a), of the Internal Revenue 
     Code of 1986; and
       (ii) acts as a cooperative to promote and enhance country 
     stores; and
       (D) a State historic preservation office.
       (4) Fund.--The term ``Fund'' means the Historic Country 
     Store Revolving Loan Fund established under section 5(a).
       (5) Historic country store.--The term ``historic country 
     store'' means a country store that--
       (A) has operated at the same location for at least 50 
     years; and
       (B) retains sufficient integrity of design, materials, and 
     construction to clearly identify the structure as a country 
     store.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Assistant Secretary for 
     Economic Development.

     SEC. 4. HISTORIC COUNTRY STORE PRESERVATION AND 
                   REVITALIZATION PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     historic country store preservation and revitalization 
     program--
       (1) to collect and disseminate information on historic 
     country stores;
       (2) to promote State and regional partnerships among 
     proprietors of historic country stores; and
       (3) to sponsor and conduct research on--
       (A) the economic impact of historic country stores in rural 
     areas, including the impact on unemployment rates and 
     community vitality;
       (B) best practices to--
       (i) improve the profitability of historic country stores; 
     and
       (ii) protect historic country stores from foreclosure or 
     seizure; and
       (C) best practices for developing cooperative organizations 
     that address the economic and historic preservation needs 
     of--
       (i) historic country stores; and
       (ii) the communities served by the historic country stores.
       (b) Grants.--
       (1) In general.--The Secretary may make grants to, or enter 
     into contracts or cooperative agreements with, eligible 
     applicants to carry out an eligible project under paragraph 
     (2).
       (2) Eligible projects.--A grant under this subsection may 
     be made to an eligible applicant for a project--
       (A)(i) to rehabilitate or repair a historic country store; 
     and
       (ii) to enhance the economic benefit of the historic 
     country store to the communities served by the historic 
     country store;
       (B) to identify, document, and conduct research on historic 
     country stores; and
       (C) to develop and evaluate appropriate techniques or best 
     practices for protecting historic country stores.
       (3) Requirements.--An eligible applicant that receives a 
     grant for an eligible project under paragraph (1) shall 
     comply with all applicable requirements for historic 
     preservation projects under Federal, State, and local law.
       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, 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 that--
       (A) identifies the number of grants made under subsection 
     (b);
       (B) describes the type of grants made under subsection (b); 
     and
       (C) includes any other information that the Secretary 
     determines to be appropriate.
       (c) Country Store Alliance Pilot Project.--
       (1) In general.--The Secretary shall carry out a pilot 
     project in the State of Vermont under which the Secretary 
     shall conduct demonstration activities to preserve historic 
     country stores and the communities served by the historic 
     country stores, including--
       (A) the collection and dissemination of information on 
     historic country stores in the State;
       (B) the development of collaborative country store 
     marketing and purchasing techniques; and
       (C) the development of best practices for historic country 
     store proprietors and communities facing transitions involved 
     in the sale or closure of a historic country store.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, 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 that--
       (A) describes the results of the pilot project; and
       (B) includes any recommended changes of the Secretary to 
     the program established under subsection (a), based on the 
     results of the pilot project.

     SEC. 5. HISTORIC COUNTRY STORE REVOLVING LOAN FUND.

       (a) Establishment.--Not later than 120 days after the date 
     of enactment of this Act, the Secretary of the Treasury shall 
     establish in the Treasury of the United States a revolving 
     fund, to be known as the ``Historic Country Store Revolving 
     Loan Fund'', consisting of--
       (1) such amounts as are appropriated to the Fund under 
     subsection (b);
       (2) \1/3\ of the amounts appropriated under section 8(a); 
     and
       (3) any interest earned on investment of amounts in the 
     Fund under subsection (d).
       (b) Transfers to Fund.--There are appropriated to the Fund 
     amounts equivalent to--
       (1) the amounts repaid on loans under section 6; and
       (2) the amounts of the proceeds from the sales of notes, 
     bonds, obligations, liens, mortgages and property delivered 
     or assigned to the Secretary pursuant to loans made under 
     section 6.
       (c) Expenditures From Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Secretary, the Secretary of the Treasury shall transfer 
     from the Fund to the Secretary such amounts as the Secretary 
     determines are necessary to provide loans under section 6.
       (2) Administrative expenses.--An amount not exceeding 10 
     percent of the amounts in the Fund shall be available for 
     each fiscal year to pay the administrative expenses necessary 
     to carry out this Act.
       (d) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (2) Interest-bearing obligations.--Investments may be made 
     only in interest-bearing obligations of the United States.
       (3) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (4) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (5) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (e) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.

[[Page 15016]]



     SEC. 6. LOANS FOR HISTORIC COUNTRY STORE REHABILITATION OR 
                   REPAIR PROJECTS.

       (a) In General.--Using amounts in the Fund, the Secretary 
     may make direct loans to eligible applicants for projects--
       (1) to purchase, rehabilitate, or repair historic country 
     stores; or
       (2) to establish microloan funds to make short-term, fixed-
     interest rate loans to proprietors of historic country 
     stores.
       (b) Applications.--
       (1) In general.--To be eligible for a loan under this 
     section, an eligible applicant shall submit to the Secretary 
     a complete application for a loan that addresses the criteria 
     described in paragraph (2).
       (2) Considerations for approval or disapproval.--In 
     determining whether to approve or disapprove an application 
     for a loan submitted under paragraph (1), the Secretary shall 
     consider--
       (A) the demonstrated need for the purchase, construction, 
     reconstruction, or renovation of the historic country store 
     based on the condition of the historic country store;
       (B) the age of the historic country store;
       (C) the extent to which the project to purchase, 
     rehabilitate, or repair the historic country store includes 
     collaboration among historic country store proprietors and 
     other eligible applicants; and
       (D) any other criteria that the Secretary determines to be 
     appropriate.
       (c) Requirements.--An eligible applicant that receives a 
     loan for a project under this section shall comply with all 
     applicable standards for historic preservation projects under 
     Federal, State, and local law.
       (d) Report.--Not later than 1 year after the date on which 
     the Fund is established under subsection (a), and every 2 
     years thereafter, 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 that--
       (1) identifies--
       (A) the number of loans provided under this section;
       (B) the repayment rate of the loans; and
       (C) the default rate of the loans; and
       (2) includes any other information that the Secretary 
     determines to be appropriate.

     SEC. 7. PERFORMANCE REPORT.

       Any eligible applicant that receives financial assistance 
     under this Act shall, for each fiscal year for which the 
     eligible applicant receives the financial assistance, submit 
     to the Secretary a performance report that--
       (1) describes--
       (A) the allocation of the amount of financial assistance 
     received under this Act;
       (B) the economic benefit of the financial assistance, 
     including a description of--
       (i) the number of jobs retained or created; and
       (ii) the tax revenues generated; and
       (2) addresses any other reporting requirements established 
     by the Secretary.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act, $50,000,000 for the period of fiscal 
     years 2006 through 2011, to remain available until expended.
       (b) Country Store Alliance Pilot Project.--Of the amount 
     made available under subsection (a), not less than $250,000 
     shall be made available to carry out section 4(c).
                                 ______
                                 
      By Mr. KERRY (for himself, Ms. Snowe, Mr. Akaka, and Mr. Talent):
  S. 3691. A bill to amend the Small Business Act, to reform and 
reauthorize the National Veterans Business Development Corporation, and 
for other purposes; to the Committee on Small Business and 
Entrepreneurship.
  Mr. KERRY. Mr. President, as the ranking member of the Committee on 
Small Business and Entrepreneurship, I am joined today by my colleagues 
Senators Snowe, Akaka, and Talent to introduce the Veterans Corporation 
Reauthorization Act of 2006.
  This legislation is the product of lengthy bipartisan discussions 
about how we might be able to restore and revitalize the mission of The 
Veterans Corporation. Established in 1999 through Public Law 106-50, 
The National Veterans Business Development Corporation, commonly known 
as The Veterans Corporation, TVC, is charged with the task of assisting 
the men and women who have served this country in the military by 
helping them create and expand their own businesses. There are over 5 
million veteran entrepreneurs across the country--over 550,000 in the 
Commonwealth of Massachusetts alone--and approximately 200,000 veterans 
are expected to retire in 2006. Additionally, 2004 data from the Small 
Business Administration, SBA, shows that approximately 22 percent of 
veterans in the U.S. household population purchased or started a new 
business, or were considering doing so. This legislation ensures that 
necessary steps are taken to continue fostering entrepreneurship and 
business ownership among a veterans population that can clearly benefit 
from such assistance nationwide.
  My distinguished colleagues and I feel that TVC is an organization 
worth reinvigorating. In fiscal year 2005, TVC reached out to over 
18,000 current and potential veteran entrepreneurs, and opened three 
Veteran Business Resource Centers in Boston, MA; Flint, MI; and San 
Diego, CA, in addition to the flagship location in St. Louis, MO. In my 
home State of Massachusetts, TVC has close to 100 business owners and 
over 400 registered members.
  Yet, in recent years, TVC has come under criticism for its overall 
performance. Many within the veterans community, and indeed some of my 
colleagues in Congress, do not believe TVC has produced results that 
warrant the millions of dollars in funding the organization has 
received. I understand this sentiment, and share in the desire to 
ensure taxpayer dollars are well-spent. This was among my primary 
concerns as we approached reauthorizing TVC. However, my colleagues and 
I came to the conclusion that by reauthorizing the organization, 
Congress could ensure greater oversight and accountability on the part 
of TVC and its use of Federal dollars--ultimately resulting in better 
service for our veterans. This is exactly what the Veterans Corporation 
Reauthorization Act of 2006 aims to do.
  This legislation builds on the preexisting TVC program in order to 
expand its reach nationwide, so that more veterans can have the tools 
they need to realize their entrepreneurial aspirations. Through a 
series of provisions that target the weaknesses of TVC and develop 
sound policies to strengthen them and clarify the organization's 
mission within the veterans community it serves, this bill makes 
several key improvements to the corporation.
  In its inception, we envisioned that TVC would establish centers 
across the country to help assist veteran entrepreneurs with their 
small business needs. Unfortunately, the organization has shifted its 
primary focus toward the development of online programs in recent 
years. Although it is a good thing that TVC has four centers across the 
country, clearly more needs to be done to build upon these and develop 
a substantial number of new centers and networking opportunities for 
veterans nationwide. That is why this bill clarifies the role TVC 
should have in local communities. In rewriting the purpose of TVC in 
this capacity, our legislation explicitly states that the organization 
should be actively working to form more centers in order to build and 
create a national network linking veterans to the information, 
counseling, and assistance they need in starting and maintaining their 
businesses.
  A recurring frustration that echoes from many veterans nationwide is 
that they are often unable to gain access to the Federal contracting 
and procurement realm. It is downright shameful that so many servicemen 
and women feel as though a government they fought so hard to protect 
all but abandons them--continuing to award myriad contracts to big 
businesses. By law, the Federal Government has a 3-percent contracting 
goal for service-disabled veterans. However, in 2004 only 0.38 percent 
of government contracts were awarded to service-disabled veterans. 
Patterns such as this are all too common--replaying themselves year in 
and year out. Clearly, more ought to be done to help those veterans who 
are looking to gain access to Federal contracts. Given this, our 
legislation directs TVC to assist veterans, particularly service-
disabled veterans, with Federal contracting opportunities.
  We received numerous complaints from veterans about the way the 
administration has chosen to interpret the current law such that it 
severely limits Congress's role in appointing board members. In this, 
TVC had experienced significant staffing changes on its Board of 
Directors since 1999. Our legislation ensures that the President works 
with the chair and ranking members of the Senate Committee on Small 
Business and Entrepreneurship

[[Page 15017]]

and/or the Senate Committee on Veterans Affairs, and their House 
counterparts, to appoint nine members of the board with 4-year terms. 
Additionally, our legislation dictates that in this nomination process, 
the President and Congress consult with veterans groups nationwide. 
Furthermore, the Veterans Corporation Reauthorization Act of 2006 
stipulates that no more than five of the nine board members be from the 
same political party and that all have business experience, knowledge 
of veterans issues, as well as the wherewithal to raise private funds 
for TVC. I firmly believe that this provision will ensure that TVC has 
top-notch board members, who can offer the best service to those who 
have already served our country.
  This legislation authorizes $2 million in Federal funds annually from 
fiscal years 2007 through 2009. Additionally, because TVC was 
originally to become a self-sustaining entity, our bill requires that 
for all Federal dollars received, the organization match those dollar 
amounts with private funds. Since its authorization expired in 2004, 
TVC's original matching requirement vanished, and the organization 
instead received Federal funding without any private fundraising 
requirement. We felt that this matching requirement needed to be 
reinstated to better enable TVC to become fully self-sustaining. Thus, 
our legislation forces TVC to function in a way similar to the SBA's 
Women's Business Centers and Small Business Development Centers. The 
leveraging of Federal dollars enables TVC to expand its donor base so 
that it can achieve the goal of self-sustainability. Additionally, it 
has come to our attention through conversations with the veterans 
community, that servicemen and women are being charged high fees for 
using TVC services. That was never the intention when this program was 
conceptualized, and it is wrong for TVC to earn its private funds on 
the backs of veterans. We fix that in this bill by limiting the amount 
of non-Federal funds that TVC can raise in the form of fees to veterans 
to no more than 33 percent of the organization's total revenue.
  In addition to the matching-fund requirement within our bill, it also 
requires that TVC develop a comprehensive plan for privatization within 
6 months of the enactment of the Veterans Corporation Reauthorization 
Act of 2006. To ensure that TVC is in full compliance with the 
provisions in our bill, and that its self-sustaining plan demonstrates 
a certain degree of feasibility, we have asked the Government 
Accountability Office to conduct an audit of the organization no later 
than one year after date of enactment.
  Finally, this bill extends the SBA's Veterans Advisory Committee, 
which the administration planned on terminating as of this year. 
Originally established through Public Law 106-50, this committee was to 
advise and counsel the SBA Administrator and the agency's Associate 
Administrator for Veterans' Business Development on the entrepreneurial 
needs and concerns of veteran small business owners and to monitor 
public and private plans that have the potential to impact veteran 
entrepreneurs from obtaining capital, credit, and to access markets. 
Additionally, it was to roll into TVC by September 30, 2004. However, 
when this date came around, it was clear that TVC was in no position to 
take on more responsibilities. Thus, Congress reauthorized the Veterans 
Advisory Committee and postponed the transfer date until this year. As 
the deadline closes in, we thought it best to reauthorize Veterans 
Advisory Committee and again postpone the transfer.
  America's veterans and service-disabled veteran communities deserve a 
resource to assist them in bringing their entrepreneurial ideas into 
fruition. Nationwide, more and more veterans are turning to small 
businesses as a means of carving out their piece of the American dream, 
despite the many barriers they face upon reentering civilian life. The 
strengthening and revitalization of TVC that this legislation proposes, 
is one way that Congress can help in this effort and ensure greater 
effectiveness and accountability within the organization in the years 
ahead.
  I urge my colleagues to join in support of this bipartisan Veterans 
Corporation Reauthorization Act of 2006--because in helping TVC 
succeed, we are ultimately helping veterans succeed and prosper.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3691

       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 ``Veterans Corporation 
     Reauthorization Act of 2006''.

     SEC. 2. PURPOSES OF THE CORPORATION.

       (a) Purposes.--Section 33(b) of the Small Business Act (15 
     U.S.C. 657c(b)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) to establish and maintain a national network of 
     information and assistance centers for use by veterans and 
     the public by--
       ``(A) providing information regarding small business 
     oriented employment or development programs;
       ``(B) providing access to studies and research concerning 
     the management, financing, and operation of small business 
     enterprises, small business participation in international 
     markets, export promotion, and technology transfer;
       ``(C) providing referrals to business analysts who can 
     provide direct counseling to veteran small business owners 
     regarding the subjects described in this section;
       ``(D) serving as an information clearinghouse for business 
     development and entrepreneurial assistance materials, as well 
     as other veteran assistance materials, as deemed necessary, 
     that are provided by Federal, State and local governments; 
     and
       ``(E) providing assistance to veterans and service-disabled 
     veterans in efforts to gain access to Federal prime contracts 
     and subcontracts; and''; and
       (2) in paragraph (2), by striking ``including service-
     disabled veterans'' and inserting ``particularly service-
     disabled veterans''.

     SEC. 3. MANAGEMENT OF THE CORPORATION.

       (a) Appointments to the Board.--Section 33(c)(2) of the 
     Small Business Act (15 U.S.C. 657c(c)(2)) is amended to read 
     as follows:
       ``(2) Appointment of voting members.--
       ``(A) In general.--The President shall, after considering 
     recommendations proposed under subparagraph (B), appoint the 
     9 voting members of the Board, all of whom shall be United 
     States citizens, and not more than 5 of whom shall be members 
     of the same political party.
       ``(B) Recommendations.--Recommendations shall be submitted 
     to the President for appointments under this paragraph by the 
     chairman or ranking member (or both) of the Committee on 
     Small Business and Entrepreneurship or the Committee on 
     Veterans Affairs (or both) of the Senate or the Committee on 
     Small Business or the Committee on Veterans Affairs (or both) 
     of the House of Representatives.
       ``(C) Consultation with veteran organizations.--
     Recommendations under subparagraph (B) shall be made after 
     consultation with such veteran service organizations as are 
     determined appropriate by the member of Congress making the 
     recommendation.
       ``(D) Considerations.--Consideration for eligibility for 
     membership on the Board shall include business experience, 
     knowledge of veterans' issues, and ability to raise funds for 
     the Corporation.
       ``(E) Limitation on internal recommendations.--No member of 
     the Board may recommend an individual for appointment to 
     another position on the Board.''.
       (b) Terms.--Section 33(c)(6) of the Small Business Act (15 
     U.S.C. 657c(c)(6)) is amended to read as follows:
       ``(6) Terms of appointed members.--
       ``(A) In general.--Each member of the Board of Directors 
     appointed under paragraph (2) shall serve for a term of 4 
     years.
       ``(B) Unexpired terms.--Any member of the Board of 
     Directors appointed to fill a vacancy occurring before the 
     expiration of the term for which the member's predecessor was 
     appointed shall be appointed only for the remainder of the 
     term. A member of the Board of Directors may not serve beyond 
     the expiration of the term for which the member is 
     appointed.''.
       (c) Removal of Board Members.--Section 33(c) of the Small 
     Business Act (15 U.S.C. 657c(c)) is amended by adding at the 
     end the following:
       ``(12) Removal of members.--With the approval of a majority 
     of the Board of Directors and the approval of the chairmen 
     and ranking members of the Committee on Small Business and 
     Entrepreneurship and the Committee on Veterans Affairs of the 
     Senate, the Corporation may remove a member of the Board of 
     Directors that is deemed unable to fulfill his or her duties, 
     as established under this section.''.

     SEC. 4. TIMING OF TRANSFER OF ADVISORY COMMITTEE DUTIES.

       Section 33(h) of the Small Business Act (15 U.S.C. 657c(h)) 
     is amended by striking ``October 1, 2006'' and inserting 
     ``October 1, 2009''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       Section 33(k) of the Small Business Act (15 U.S.C. 
     657c(k)(1)) is amended--

[[Page 15018]]

       (1) in paragraph (1)--
       (A) by inserting ``, through the Office of Veteran's 
     Business Development of the Administration,'' after ``to the 
     Corporation''; and
       (B) by striking subparagraphs (A) through (D) and inserting 
     the following:
       ``(A) $2,000,000 for fiscal year 2007;
       ``(B) $2,000,000 for fiscal year 2008; and
       ``(C) $2,000,000 for fiscal year 2009.'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Matching requirements.--
       ``(A) In general.--The Administration shall require, as a 
     condition of any grant (or amendment or modification thereto) 
     made to the Corporation under this section, that a matching 
     amount (excluding any fees collected from recipients of such 
     assistance) equal to the amount of such grant be provided 
     from sources other than the Federal Government.
       ``(B) Limitation.--Not more than 33 percent of the total 
     revenue of the Corporation, including the funds raised for 
     use at the Veteran's Business Resource Centers, may be 
     acquired from fee-for-service tools or direct charge to the 
     veteran receiving services, as described in this section, 
     except that the amount of any such fee or charge may not 
     exceed the amount of such fee or charge in effect on the date 
     of enactment of the Veterans Corporation Reauthorization Act 
     of 2006.
       ``(C) Mission-related limitation.--The Corporation may not 
     engage in revenue producing programs, services, or related 
     business ventures that are not intended to carry out the 
     mission and activities described in section (b).
       ``(D) Return to treasury.--Funds appropriated under this 
     section that have not been expended at the end of the fiscal 
     year for which they were appropriated shall revert back to 
     the Treasury.''; and
       (3) by striking paragraph (3).

     SEC. 6. PRIVATIZATION.

       Section 33 of the Small Business Act (15 U.S.C. 657c) is 
     amended--
       (1) by striking subsections (f) and (i); and
       (2) by redesignating subsections (g), (h), (j), and (k) as 
     subsections (f) through (i), respectively; and
       (3) by adding at the end the following:
       ``(j) Privatization.--
       ``(1) Development of plan.--Not later than 6 months after 
     the date of enactment of the Veterans Corporation 
     Reauthorization Act of 2006, the Corporation shall develop, 
     institute, and implement a plan to raise private funds and 
     become a self-sustaining corporation.
       ``(2) GAO audit and report.--
       ``(A) Audit.--The Comptroller General of the United States 
     shall conduct an audit of the Corporation, in accordance with 
     generally accepted accounting principles and generally 
     accepted audit standards.
       ``(B) Inclusions.--The audit required by this paragraph 
     shall include--
       ``(i) an evaluation of the efficacy of the Corporation in 
     carrying out the purposes under section (b); and
       ``(ii) an analysis of the feasibility of the sustainability 
     plan developed by the Corporation.
       ``(C) Report.--Not later than 1 year after the date of 
     enactment of the Veterans Corporation Reauthorization Act of 
     2006, the Comptroller General shall submit a report on the 
     audit conducted under this paragraph to the Committee on 
     Small Business and Entrepreneurship and the Committee on 
     Veterans Affairs of the Senate and to the Committee on Small 
     Business and the Committee on Veterans Affairs of the House 
     of Representatives.''.
                                 ______
                                 
      By Mr. OBAMA (for himself, Mr. Lugar, Mr. Biden, Mr. Smith, Mr. 
        Bingaman, Mr. Harkin, Mr. Coleman, and Mr. Durbin):
  S. 3694. A bill to increase fuel economy standards for automobiles, 
and for other purposes; to the Committee on Finance.
  Mr. OBAMA. Mr. President, 33 years ago, this Nation faced a crisis 
that touched every American. In 1973, in the shadow of a war against 
Israel, the Arab nations of OPEC decided to embargo shipments of crude 
oil to the West.
  The economic effects were devastating. For American drivers, the 
price at the gas pump rose from a national average of 38.5 cents per 
gallon in May 1973 to 55.1 cents per gallon in June 1974. The stock 
market fell, and countries across the world faced terrible cycles of 
inflation and recession that lasted well into the 1980s.
  Lawmakers in Washington reacted by calling for a nationwide daylight 
savings time and a national speed limit. They established a new 
Department of Energy that eventually created a strategic petroleum 
reserve. Perhaps most important, Congress enacted the Corporate Average 
Fuel Economy standards, or CAFE, the first-ever requirements for 
automakers to improve gas mileage on the vehicles we drive.
  At the time, auto executives protested, saying there was no way to 
increase fuel economy without making cars smaller. One company 
predicted that Americans would all be driving sub-compacts as a result 
of CAFE. But CAFE did work, and under the direction of Congress, the 
National Highway Traffic Safety Administration, NHSTA, nearly doubled 
the average gas mileage of cars from 14 miles per gallon in 1976 to 
27.5 mpg for cars in 1985. Today, CAFE standards save us about 3 
million barrels of oil per day, making it the most successful energy-
saving measure ever adopted.
  Now 30 years later, Americans again are feeling the pain at the pump. 
The price of oil has reached $78 a barrel, and Americans are paying 
more than $3.00 a gallon for gas. America's 20-million-barrel-a-day 
habit costs our economy $800 million a day, or $300 billion annually. 
Because we import 60 percent of our oil, much of it from the Middle 
East, our dependence on oil is also a national security issue as well. 
Al-Qaida knows that oil is America's Achilles heel. Osama bin Laden has 
urged his supporters to ``Focus your operations on oil, especially in 
Iraq and the gulf area, since this will cause them to die off.''
  At a time when the energy and security stakes couldn't be higher, 
CAFE standards have been stagnant. In fact, because of a long-standing 
deadlock in Washington, CAFE standards that initially increased so 
quickly have remained stagnant for the last 20 years.
  Since 1985, efforts to raise the CAFE standard have been stymied by 
opponents who have argued that Congress does not possess the expertise 
to set specific benchmarks and that an inflexible congressional mandate 
would result in the production of less safe cars and a loss of American 
jobs. This has been a bureaucratic logjam that has ignored 
technological innovations in the auto industry and crippled our ability 
to increase fuel efficiency.
  To attempt to break this two-decade-long deadlock and start the U.S. 
on the path towards energy independence, I have joined with Senators 
Lugar, Biden, Smith, Bingaman, Harkin, Coleman, and Durbin to introduce 
the Fuel Economy Reform Act of 2006. This bill would set a new course 
by establishing regular, continual, and incremental progress in miles 
per gallon, targeting 4 percent annually, but preserving NHTSA 
expertise and flexibility on how to meet those targets.
  Over the past 20 years, NHTSA's efforts to improve fuel economy have 
been encumbered with loopholes and resistance. With this bill, CAFE 
standards would increase by 4 percent every year unless NHTSA can 
justify a deviation in that rate by proving that the increase is 
technologically unachievable, does not materially reduce the safety of 
automobiles manufactured or sold in the U.S., or can prove it is not 
cost-effective when comparing with the economic and geopolitical value 
of a gallon of gasoline saved. We specifically define the grounds upon 
which NHTSA can determine cost-effectiveness. By flipping the 
presumption that has served as a barrier to action, we replace the 
status quo of continued stagnation with steady, measured progress.
  Under this system, if the 4 percent annualized improvement occurs 
over ten years, this bill would save 1.3 million barrels of oil per 
day--or 20 billion gallons of gasoline per year. If gasoline is just 
$2.50 per gallon, consumers will save $50 billion at the pump in 2018. 
By 2018, we would be cutting global warming pollution by 220 million 
metric tons of carbon dioxide equivalent gases.
  The Fuel Economy Reform Act also would provide fairness and 
flexibility to domestic automakers by establishing different standards 
for different types of cars. Currently, manufacturers have to meet 
broad standards over their whole fleet of cars. This disadvantages 
companies like Ford and General Motors that produce full lines of small 
and large cars and trucks rather than manufacturers that only sell 
small cars.
  In order to enable domestic manufacturers to develop advanced-
technology vehicles, this legislation provides tax incentives to retool 
parts and assembly plants. This will strengthen the U.S.

[[Page 15019]]

auto industry by allowing it to compete with foreign hybrid and other 
fuel efficient vehicles. It is our expectation that NHTSA will use its 
enhanced authority to bring greater market-based flexibility into CAFE 
compliance by allowing the banking and trading of credits among all 
vehicle types and between manufacturers.
  Finally, the bill also would expand the tax incentives that encourage 
consumers to buy advanced technology vehicles. The bill would lift the 
current 60,000-per-manufacturer cap on buyer tax credits to allow more 
Americans to buy ultra-efficient vehicles like hybrids.
  By ending a 20-year stalemate on CAFE, the Fuel Economy Reform Act 
will recapture the innovation that Congress and the auto industry 
launched in response to the OPEC crisis. In the process, we will 
safeguard our national security, protect our economy, reduce consumer 
pain at the pump, and protect our climate, environment, and public 
health. I urge my colleagues to join our bipartisan coalition and 
support the Fuel Economy Reform Act.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Schumer, and Mr. Leahy):
  S. 3695. A bill to amend the Federal Food, Drug, and Cosmetic Ad to 
prohibit the marketing of authorized generic drugs; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Mr. President, I rise today with Senators Schumer 
and Leahy to introduce an important piece of legislation for seniors, 
individual with disabilities, children, and anyone who is taking a 
brand name prescription drug with a generic equivalent. The bill we are 
introducing today would outlaw the latest in a long line of loopholes 
that brand name manufacturers have found to limit generic drug access 
to the market.
  Our legislation would prohibit brand name manufacturers from 
introducing so-called ``authorized generics'' during the 180-day period 
that Congress intended true generics to have exclusive market rights. 
Some of my colleagues may be wondering what an ``authorized generic'' 
is.
  An authorized generic drug is a brand name prescription drug produced 
by the same brand manufacturer on the same manufacturing lines, yet 
repackaged as a generic in order to confuse consumers and shut true 
generics out of the market. This is a huge problem and one that is 
becoming even more prevalent as patents on some of the best-selling 
brand name pharmaceuticals start to expire.
  Pravachol, Zocor and Zoloft have patents that have expired or will 
expire this year. Together, these drugs account for approximately $9 
billion in sales annually. In 2007, another top-selling brand name 
drug, Norvasc, will lose its patent protection, followed by Advair the 
following year.
  When brand name drugs lose patent rights, this opens the door for 
consumers, employers, third-party payers, and other purchasers to save 
billions--between 50 and 80 percent on the costs of prescriptions--by 
using generic versions of these drugs. Brand name drug companies are 
expected to lose as much as $75 billion over the next 5 years as some 
of their best sellers go off-patent and generic competition increases. 
So, not surprisingly, these big pharmaceutical companies are 
desperately trying to protect their market share and prevent consumers 
from cashing in on savings from generic drugs.
  We have addressed this issue before. In 1984, Congress passed the 
Hatch-Waxman legislation to provide consumers greater access to lower 
cost generic drugs. The intent of this law was to improve generic 
competition, while preserving the ability of brand name manufacturers 
to discover and market new and innovative products. As part of this 
law, the first generic company on the market after challenging an 
expiring brand name patent is granted 180-days of exclusive market 
rights, which is just a fraction of the up to 20 years of exclusive 
market rights afforded brand companies.
  This 6-month incentive is crucial to maintaining the balance between 
encouraging brand drug companies to make new drugs and encouraging 
generic drug companies to make existing drugs more affordable. 
Challenging a brand name drug's patent takes time, money, and involves 
absorbing a great deal of risk. Generic drug companies rely on the 
added revenue provided by the l80-day exclusivity period to recoup 
their costs, fund new patent challenges where appropriate, and 
ultimately pass savings onto consumers.
  This latest attempt by big drug companies to protect their profits 
puts billions of dollars in savings for consumers in jeopardy. The bill 
we are introducing today eliminates the authorized generic loophole, 
protects the integrity of the 180 days, and improves consumer access to 
lower-cost generic drugs. I urge my colleagues to support this timely 
and important piece of legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3695

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

     SECTION 1. PROHIBITION OF AUTHORIZED GENERICS.

       Section 505 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355) is amended by adding at the end the following:
       ``(o) Prohibition of Authorized Generic Drugs.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, no holder of a new drug application approved under 
     subsection (c) shall manufacture, market, sell, or distribute 
     an authorized generic drug, direct or indirectly, or 
     authorize any other person to manufacture, market, sell, or 
     distribute an authorized generic drug.
       ``(2) Authorized generic drug.--For purposes of this 
     subsection, the term `authorized generic drug'--
       ``(A) means any version of a listed drug (as such term is 
     used in subsection (j)) that the holder of the new drug 
     application approved under subsection (c) for that listed 
     drug seeks to commence marketing, selling, or distributing, 
     directly or indirectly, after receipt of a notice sent 
     pursuant to subsection (j)(2)(B) with respect to that listed 
     drug; and
       ``(B) does not include any drug to be marketed, sold, or 
     distributed--
       ``(i) by an entity eligible for exclusivity with respect to 
     such drug under subsection (j)(5)(B)(iv); or
       ``(ii) after expiration or forfeiture of any exclusivity 
     with respect to such drug under such subsection 
     (j)(5)(B)(iv).''.

  Mr. LEAHY. Mr. President, recently I was pleased to introduce with 
Senators Kohl, Grassley and Schumer, the Preserve Access to Affordable 
Generics Act of 2006, S. 3582. That bill was designed to improve the 
timely and effective introduction of generic pharmaceuticals into the 
marketplace.
  It is no secret that prescription drug prices are rapidly increasing 
and are a source of considerable concern to many Americans, especially 
senior citizens and families. In a marketplace free of manipulation, 
generic drug prices can be as much as 80 percent lower than the 
comparable brand name version. Unfortunately, there are still some 
companies driven by greed that may be keeping low-cost, life-saving 
generic drugs off the marketplace, off pharmacy shelves, and out of the 
hands of consumers by carefully crafted anticompetitive agreements 
between drug manufacturers.
  In 2001, and last Congress, I introduced a related bill, the 
Competition Act. That bill, which is now law, is small in terms of 
length but large in terms of impact. It ensured that law enforcement 
agencies could take quick and decisive action against companies seeking 
to cheat consumers by delaying availability of generic medicines. It 
gave the Federal Trade Commission and the Justice Department access to 
information about secret deals between drug companies that keep generic 
drugs out of the market--a practice that not only hurts American 
families, particularly senior citizens, by denying them access to low-
cost generic drugs, but also contributes to rising medical costs.
  The Drug Competition Act, which was incorporated in the Medicare 
Modernization Act, was a bipartisan effort to protect consumers in need 
of patented medicines who were being forced

[[Page 15020]]

to pay considerably higher costs because of collusive secret deals 
designed. It is regrettable that we must come to the floor again today 
and take additional action to prevent drug companies from continuing to 
find and exploit loopholes.
  The bill I am introducing tonight with Senators Rockefeller and 
Schumer is very important. It will provide incentives for generic 
companies to make the investments needed to introduce low-cost generic 
medicines for all our citizens.
  The bill assures all Americans that the original intent of the Hatch-
Waxman law is carried out. That law was to provide incentives for 
generic companies to challenge the validity of patents on medicines and 
provide incentives for generic companies to manufacture low-cost 
medicines. That incentive was simple.
  Under Hatch-Waxman law, the first generic company, called the first-
filer, which successfully develops a generic version of a patented drug 
and meets certain other requirements, can get a 180-day exclusivity 
period to be the only generic company to have permission to make and 
sell that generic drug.
  That was called an exclusivity period because that is what the 
Congress intended--that generic company would have the exclusive right 
for 180 days to make the generic version of the patented medicine.
  The problem is that recently brand-name companies have been labeling 
their own patented drugs also as a generic version of itself, or 
licensing others to make it, and selling both the brand-name version 
and the so-called generic version. This undercuts the potential profits 
of the ``real'' generic company and denies them what the Hatch-Waxman 
law promised and for a long time delivered--an exclusivity period 
lasting up to 180 days.
  When the brand-name company offers a competing ``fake'' generic 
version of the drug, that can cut the profits of the real generic 
manufacturer greatly--thus making it less likely that a real generic 
company will even want to make the product.
  The Rockefeller bill prevents the brand-name company from doing that 
for the 180-day exclusivity period. I hope my colleagues will join me 
in supporting this effort.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE CONCURRENT RESOLUTION 110--COMMEMORATING THE 60TH ANNIVERSARY OF 
 THE HISTORIC 1946 SEASON OF MAJOR LEAGUE BASEBALL HALL OF FAME MEMBER 
  BOB FELLER AND HIS RETURN FROM MILITARY SERVICE TO THE UNITED STATES

  Mr. DeWINE submitted the following concurrent resolution; which was 
referred to the Committee on the Judiciary:

                            S. Con. Res. 110

       Whereas Robert William Andrew Feller was born on November 
     3, 1918, near Van Meter, Iowa, and resides in Gates Mills, 
     Ohio;
       Whereas Bob Feller enlisted in the Navy 2 days after the 
     attack on Pearl Harbor in 1941;
       Whereas, at the time of his enlistment, Bob Feller was at 
     the peak of his baseball career, as he had been signed to the 
     Cleveland Indians at the age of 16, had struck out 15 batters 
     in his first Major League Baseball start in August 1936, and 
     established a Major League record by striking out 18 Detroit 
     Tigers in a single, 9-inning game;
       Whereas Bob Feller is the first pitcher in modern Major 
     League Baseball history to win 20 or more games before the 
     age of 21;
       Whereas Bob Feller pitched the only opening day no-hitter 
     in Major League Baseball history;
       Whereas, on April 16, 1940, at Comiskey Park in Chicago, 
     Bob Feller threw his first no-hitter and began the season for 
     which he was awarded Major League Baseball Player of the 
     Year;
       Whereas Bob Feller served with valor in the Navy for nearly 
     4 years, missing almost 4 full baseball seasons;
       Whereas Bob Feller was stationed mostly aboard the U.S.S. 
     Alabama as a gunnery specialist, where he kept his pitching 
     arm in shape by tossing a ball on the deck of that ship;
       Whereas Bob Feller earned 8 battle stars and was discharged 
     in late 1945, and was able to pitch 9 games at the end of 
     that season, compiling a record of 5 wins and 3 losses;
       Whereas 60 years ago, amid great speculation that, after 
     nearly 4 seasons away from baseball, his best pitching days 
     were behind him, Bob Feller had 1 of the most amazing seasons 
     in baseball history;
       Whereas, in the 1946 season, Bob Feller pitched 36 complete 
     games in 42 starts;
       Whereas, on April 30, 1946, in a game against the New York 
     Yankees, Bob Feller pitched his second career no-hitter;
       Whereas, in 1946, Bob Feller pitched in relief 6 times, 
     saving 4 games;
       Whereas, in 1946, Bob Feller routinely threw between 125 
     and 140 pitches a game, a feat not often seen today;
       Whereas, in 1946, Bob Feller pitched 371\1/3\ innings and 
     had 348 strikeouts;
       Whereas, in 1946, Bob Feller had an earned run average of 
     2.18;
       Whereas, in 1946, a fastball thrown by Bob Feller was 
     clocked at 109 mph;
       Whereas Bob Feller was the winning pitcher in the 1946 All 
     Star Game, throwing 3 scoreless innings in a 12-0 victory by 
     the American League;
       Whereas, in 1946, Bob Feller led the American League in 
     wins, shutouts, strikeouts, games pitched, and innings;
       Whereas the baseball career of Bob Feller ended in 1956, 
     but not before pitching his third no-hitter against the 
     Detroit Tigers on July 1, 1951, pitching 12 1-hit games, 
     amassing 266 victories and 2,581 strikeouts, and leading the 
     league in strikeouts 7 times;
       Whereas Bob Feller was inducted into the Baseball Hall of 
     Fame in 1962; and
       Whereas Bob Feller, a beloved baseball figure known as 
     ``Bullet Bob'' and ``Rapid Robert,'' placed service to his 
     country ahead of playing the game he loved and is a decorated 
     war veteran: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That the Congress commemorates the 60th 
     anniversary of the 1946 season of Bob Feller and his return 
     from military service to the United States.

                          ____________________




                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 4681. Mr. FEINGOLD (for himself, Mr. McCain, Mr. Carper, 
     Mr. Lieberman, Mr. Jeffords, Ms. Collins, and Ms. Snowe) 
     proposed an amendment to the bill S. 728, to provide for the 
     consideration and development of water and related resources, 
     to authorize the Secretary of the Army to construct various 
     projects for improvements to rivers and harbors of the United 
     States, and for other purposes.
       SA 4682. Mr. INHOFE (for himself, Mr. Bond, Mr. Cochran, 
     Mr. Thune, Mr. Domenici, Mr. Burns, Mr. Cornyn, and Mrs. 
     Hutchison) proposed an amendment to the bill S. 728, supra.
       SA 4683. Mr. INHOFE (for himself and Mr. Bond) submitted an 
     amendment intended to be proposed by him to the bill S. 728, 
     supra.
       SA 4684. Mr. McCAIN (for himself, Mr. Feingold, and Mr. 
     Lieberman) proposed an amendment to the bill S. 728, supra.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 4681. Mr. FEINGOLD (for himself, Mr. McCain, Mr. Carper, Mr. 
Lieberman, Mr. Jeffords, Ms. Collins, and Ms. Snowe) proposed an 
amendment to the bill S. 728, to provide for the consideration and 
development of water and related resources, to authorize the Secretary 
of the Army to construct various projects for improvements to rivers 
and harbors of the United States, and for other purposes; as follows:

       Strike section 2007 and insert the following:

     SEC. 2007. INDEPENDENT PEER REVIEW.

       (a) Definitions.--In this section:
       (1) Construction activities.--The term ``construction 
     activities'' means development of detailed engineering and 
     design specifications during the preconstruction engineering 
     and design phase and the engineering and design phase of a 
     water resources project carried out by the Corps of 
     Engineers, and other activities carried out on a water 
     resources project prior to completion of the construction and 
     to turning the project over to the local cost-share partner.
       (2) Project study.--The term ``project study'' means a 
     feasibility report, reevaluation report, or environmental 
     impact statement prepared by the Corps of Engineers.
       (b) Director of Independent Review.--The Secretary shall 
     appoint in the Office of

[[Page 15021]]

     the Secretary a Director of Independent Review. The Director 
     shall be selected from among individuals who are 
     distinguished experts in engineering, hydrology, biology, 
     economics, or another discipline related to water resources 
     management. The Secretary shall ensure, to the maximum extent 
     practicable, that the Director does not have a financial, 
     professional, or other conflict of interest with projects 
     subject to review. The Director of Independent Review shall 
     carry out the duties set forth in this section and such other 
     duties as the Secretary deems appropriate.
       (c) Sound Project Planning.--
       (1) Projects subject to planning review.--The Secretary 
     shall ensure that each project study for a water resources 
     project shall be reviewed by an independent panel of experts 
     established under this subsection if--
       (A) the project has an estimated total cost of more than 
     $40,000,000, including mitigation costs;
       (B) the Governor of a State in which the water resources 
     project is located in whole or in part, or the Governor of a 
     State within the drainage basin in which a water resources 
     project is located and that would be directly affected 
     economically or environmentally as a result of the project, 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project;
       (C) the head of a Federal agency with authority to review 
     the project determines that the project is likely to have a 
     significant adverse impact on public safety, or on 
     environmental, fish and wildlife, historical, cultural, or 
     other resources under the jurisdiction of the agency, and 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project; or
       (D) the Secretary determines on his or her own initiative, 
     or shall determine within 30 days of receipt of a written 
     request for a controversy determination by any party, that 
     the project is controversial because--
       (i) there is a significant dispute regarding the size, 
     nature, potential safety risks, or effects of the project; or
       (ii) there is a significant dispute regarding the economic, 
     or environmental costs or benefits of the project.
       (2) Project planning review panels.--
       (A) Project planning review panel membership.--For each 
     water resources project subject to review under this 
     subsection, the Director of Independent Review shall 
     establish a panel of independent experts that shall be 
     composed of not less than 5 nor more than 9 independent 
     experts (including at least 1 engineer, 1 hydrologist, 1 
     biologist, and 1 economist) who represent a range of areas of 
     expertise. The Director of Independent Review shall apply the 
     National Academy of Science's policy for selecting committee 
     members to ensure that members have no conflict with the 
     project being reviewed, and shall consult with the National 
     Academy of Sciences in developing lists of individuals to 
     serve on panels of experts under this subsection. An 
     individual serving on a panel under this subsection shall be 
     compensated at a rate of pay to be determined by the 
     Secretary, and shall be allowed travel expenses.
       (B) Duties of project planning review panels.--An 
     independent panel of experts established under this 
     subsection shall review the project study, receive from the 
     public written and oral comments concerning the project 
     study, and submit a written report to the Secretary that 
     shall contain the panel's conclusions and recommendations 
     regarding project study issues identified as significant by 
     the panel, including issues such as--
       (i) economic and environmental assumptions and projections;
       (ii) project evaluation data;
       (iii) economic or environmental analyses;
       (iv) engineering analyses;
       (v) formulation of alternative plans;
       (vi) methods for integrating risk and uncertainty;
       (vii) models used in evaluation of economic or 
     environmental impacts of proposed projects; and
       (viii) any related biological opinions.
       (C) Project planning review record.--
       (i) In general.--After receiving a report from an 
     independent panel of experts established under this 
     subsection, the Secretary shall take into consideration any 
     recommendations contained in the report and shall immediately 
     make the report available to the public on the internet.
       (ii) Recommendations.--The Secretary shall prepare a 
     written explanation of any recommendations of the independent 
     panel of experts established under this subsection not 
     adopted by the Secretary. Recommendations and findings of the 
     independent panel of experts rejected without good cause 
     shown, as determined by judicial review, shall be given equal 
     deference as the recommendations and findings of the 
     Secretary during a judicial proceeding relating to the water 
     resources project.
       (iii) Submission to congress and public availability.--The 
     report of the independent panel of experts established under 
     this subsection and the written explanation of the Secretary 
     required by clause (ii) shall be included with the report of 
     the Chief of Engineers to Congress, shall be published in the 
     Federal Register, and shall be made available to the public 
     on the Internet.
       (D) Deadlines for project planning reviews.--
       (i) In general.--Independent review of a project study 
     shall be completed prior to the completion of any Chief of 
     Engineers report for a specific water resources project.
       (ii) Deadline for project planning review panel studies.--
     An independent panel of experts established under this 
     subsection shall complete its review of the project study and 
     submit to the Secretary a report not later than 180 days 
     after the date of establishment of the panel, or not later 
     than 90 days after the close of the public comment period on 
     a draft project study that includes a preferred alternative, 
     whichever is later. The Secretary may extend these deadlines 
     for good cause.
       (iii) Failure to complete review and report.--If an 
     independent panel of experts established under this 
     subsection does not submit to the Secretary a report by the 
     deadline established by clause (ii), the Chief of Engineers 
     may continue project planning without delay.
       (iv) Duration of panels.--An independent panel of experts 
     established under this subsection shall terminate on the date 
     of submission of the report by the panel.
       (E) Effect on existing guidance.--The project planning 
     review required by this subsection shall be deemed to satisfy 
     any external review required by Engineering Circular 1105-2-
     408 (31 May 2005) on Peer Review of Decision Documents.
       (d) Safety Assurance.--
       (1) Projects subject to safety assurance review.--The 
     Secretary shall ensure that the construction activities for 
     any flood damage reduction project shall be reviewed by an 
     independent panel of experts established under this 
     subsection if the Director of Independent Review determines 
     that--
       (A) project performance is critical to the public health 
     and safety;
       (B) reliability of project performance under emergency 
     conditions is critical;
       (C) the project utilizes innovative materials or 
     techniques; or
       (D) the project design is lacking in redundancy, or the 
     project has a unique construction sequencing or a short or 
     overlapping design construction schedule.
       (2) Safety assurance review panels.--At the appropriate 
     point in the development of detailed engineering and design 
     specifications for each water resources project subject to 
     review under this subsection, the Director of Independent 
     Review shall establish an independent panel of experts to 
     review and report to the Secretary on the adequacy of 
     construction activities for the project. An independent panel 
     of experts under this subsection shall be composed of not 
     less than 5 nor more than 9 independent experts selected from 
     among individuals who are distinguished experts in 
     engineering, hydrology, or other pertinent disciplines. The 
     Director of Independent Review shall apply the National 
     Academy of Science's policy for selecting committee members 
     to ensure that panel members have no conflict with the 
     project being reviewed. An individual serving on a panel of 
     experts under this subsection shall be compensated at a rate 
     of pay to be determined by the Secretary, and shall be 
     allowed travel expenses.
       (3) Deadlines for safety assurance reviews.--An independent 
     panel of experts established under this subsection shall 
     submit a written report to the Secretary on the adequacy of 
     the construction activities prior to initiation of physical 
     construction and every two years thereafter until 
     construction activities are completed. The Director of 
     Independent Review may establish an alternate schedule if 
     such schedule would better serve the purposes of assuring 
     public safety, and upon written notification to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (4) Safety assurance review record.--After receiving a 
     written report from an independent panel of experts 
     established under this subsection, the Secretary shall take 
     into consideration any recommendations contained in the 
     report and shall immediately make the report available to the 
     public on the internet. The Secretary also shall submit the 
     report to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (e) Expenses.--
       (1) In general.--The costs of an independent panel of 
     experts established under subsection (c) or (d) shall be a 
     Federal expense and shall not exceed--
       (A) $250,000, if the total cost of the project in current 
     year dollars is less than $50,000,000; and
       (B) 0.5 percent of the total cost of the project in current 
     year dollars, if the total cost is $50,000,000 or more.
       (2) Waiver.--The Secretary, at the written request of the 
     Director of Independent Review, may waive the cost 
     limitations under paragraph (1) if the Secretary determines 
     appropriate.
       (f) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.

[[Page 15022]]

       (g) Savings Clause.--Nothing in this section shall be 
     construed to affect any authority of the Secretary to cause 
     or conduct a peer review of the engineering, scientific, or 
     technical basis of any water resources project in existence 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 4682. Mr. INHOFE (for himself, Mr. Bond, Mr. Cochran, Mr. Thune, 
Mr. Domenici, Mr. Burns, Mr. Cornyn, and Mrs. Hutchison) proposed an 
amendment to the bill S. 728, to provide for the consideration and 
development of water and related resources, to authorize the Secretary 
of the Army to construct various projects for improvements to rivers 
and harbors of the United States, and for other purposes; as follows:

       Strike section 2007 and insert the following:

     SEC. 2007. INDEPENDENT REVIEWS.

       (a) Definitions.--In this section:
       (1) Affected state.--The term ``affected State'' means a 
     State in which a water resources project is located, in whole 
     or in part.
       (2) Eligible organization.--The term ``eligible 
     organization'' means an organization that--
       (A) is described in section 501(c)(3), and exempt from 
     Federal tax under section 501(a), of the Internal Revenue 
     Code of 1986;
       (B) is independent;
       (C) is free from conflicts of interest;
       (D) does not carry out or advocate for or against Federal 
     water resources projects; and
       (E) has experience in establishing and administering peer 
     review panels.
       (3) Project study.--
       (A) In general.--The term ``project study'' means a 
     feasibility study or reevaluation study for a project.
       (B) Inclusions.--The term ``project study'' includes any 
     other study associated with a modification or update of a 
     project that includes an environmental impact statement or an 
     environmental assessment.
       (b) Peer Reviews.--
       (1) Policy.--
       (A) In general.--Major engineering, scientific, and 
     technical work products related to Corps of Engineers 
     decisions and recommendations to Congress should be peer 
     reviewed.
       (B) Application.--This policy--
       (i) applies to peer review of the scientific, engineering, 
     or technical basis of the decision or recommendation; and
       (ii) does not apply to the decision or recommendation 
     itself.
       (2) Guidelines.--
       (A) In general.--Not later than the date that is 1 year 
     after the date of enactment of this Act, the Chief of 
     Engineers shall publish and implement guidelines to Corps of 
     Engineers Division and District Engineers for the use of peer 
     review (including independent peer review) of major 
     scientific, engineering, and technical work products that 
     support the recommendations of the Chief to Congress for 
     implementation of water resources projects.
       (B) Information quality act.--The guidelines shall be 
     consistent with section 515 of Public Law 106-554 (114 Stat. 
     2763A153) (commonly known as the ``Information Quality 
     Act''), as implemented in Office of Management and Budget, 
     Revised Information Quality Bulletin for Peer Review, dated 
     December 15, 2004.
       (C) Requirements.--The guidelines shall adhere to the 
     following requirements:
       (i) Application of peer review.--Peer review shall--

       (I) be applied only to the engineering, scientific, and 
     technical basis for recommendations; and
       (II) shall not be applied to--

       (aa) a specific recommendation; or
       (bb) the application of policy to recommendations.
       (ii) Projects subject to independent peer review.--

       (I) In general.--The Chief of Engineers shall ensure that 
     each project study for a water resources project is subject 
     to review by an independent panel of experts if--

       (aa) the project has an estimated total cost of more than 
     $100,000,000 (including mitigation costs); or
       (bb) the Secretary determines that the project is 
     controversial because--

       (AA) there is a significant dispute regarding the size, 
     nature, potential safety risks, or effects of the project; or
       (BB) there is a significant dispute regarding the economic 
     or environmental costs or benefits of the project.
       (II) Independent panels.--The Chief of Engineers may 
     consider whether to establish an independent panel of experts 
     to review a project study if--

       (aa) the Governor of an affected State submits to the 
     Secretary a written request for the establishment of an 
     independent panel of experts for the project; or
       (bb) the head of a Federal agency charged with reviewing 
     the project determines that the project is likely to have a 
     significant adverse impact on cultural, environmental, or 
     other resources under the jurisdiction of the agency and 
     submits to the Secretary a written request for the 
     establishment of an independent panel of experts for the 
     project.

       (III) Review of technical specifications and design.--The 
     Chief of Engineers shall establish an independent panel of 
     experts, at the appropriate point in project planning, to 
     review and provide written comments on the technical and 
     design specifications of the Corps of Engineers for any water 
     resources project--

       (aa) the performance of which is critical to the public 
     health, safety, and welfare;
       (bb) the reliability of performance under emergency 
     conditions of which is critical;
       (cc) that uses innovative materials or techniques; or
       (dd) in any case in which--

       (AA) the project design of which is lacking in redundancy; 
     or
       (BB) the project has a unique construction sequencing or a 
     short or overlapping design construction schedule.

       (iii) Analyses and evaluations in multiple project 
     studies.--Guidelines shall provide for conducting and 
     documenting peer review of major scientific, technical, or 
     engineering methods, models, procedures, or data that are 
     used for conducting analyses and evaluations in multiple 
     project studies.
       (iv) Inclusions.--Peer review applied to project studies 
     may include a review of--

       (I) the economic and environmental assumptions and 
     projections;
       (II) project evaluation data;
       (III) economic or environmental analyses;
       (IV) engineering analyses;
       (V) methods for integrating risk and uncertainty;
       (VI) models used in evaluation of economic or environmental 
     impacts of proposed projects; and
       (VII) any related biological opinions.

       (v) Exclusion.--Peer review applied to project studies 
     shall exclude a review of any methods, models, procedures, or 
     data previously subjected to peer review.
       (vi) Timing of review.--Peer review related to the 
     engineering, scientific, or technical basis of any project 
     study shall be completed prior to the completion of any Chief 
     of Engineers report for a specific water resources project.
       (vii) Delays; increased costs.--Peer reviews shall be 
     conducted in a manner that does not--

       (I) cause a delay in study completion; or
       (II) increase costs.

       (viii) Record of recommendations.--

       (I) In general.--After receiving a report from any peer 
     review panel, the Chief of Engineers shall prepare a record 
     that documents--

       (aa) any recommendations contained in the report; and
       (bb) any written response for any recommendation adopted or 
     not adopted and included in the study documentation.

       (II) Independent review record.--If the panel is an 
     independent peer review panel of a project study, the record 
     of the review shall be included with the report of the Chief 
     of Engineers to Congress.

       (ix) Independent panel of experts.--

       (I) In general.--Any independent panel of experts assembled 
     to review the engineering, science, or technical basis for 
     the recommendations of a specific project study shall--

       (aa) complete the peer review of the project study and 
     submit to the Chief of Engineers a report not later than 180 
     days after the date of establishment of the panel, or (if the 
     Chief of Engineers determines that a longer period of time is 
     necessary) at the time established by the Chief, but in no 
     event later than 90 days after the date a draft project study 
     of the District Engineer is made available for public review; 
     and
       (bb) terminate on the date of submission of the report by 
     the panel.

       (II) Failure to complete review and report.--If an 
     independent panel does not complete the peer review of a 
     project study and submit to the Chief of Engineers a report 
     by the deadline established under subclause (I), the Chief of 
     Engineers shall continue the project without delay.

       (3) Costs.--
       (A) In general.--The costs of a panel of experts 
     established for a peer review under this section--
       (i) shall be a Federal expense; and
       (ii) shall not exceed $500,000 for review of the 
     engineering, scientific, or technical basis for any single 
     water resources project study.
       (B) Waiver.--The Chief of Engineers may waive the $500,000 
     limitation under subparagraph (A) as the Chief of Engineers 
     determines appropriate.
       (4) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.
       (5) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to any peer 
     review panel established under this section.
       (6) Panel of experts.--The Chief of Engineers may contract 
     with the National Academy of Sciences (or a similar 
     independent scientific and technical advisory organization), 
     or an eligible organization, to establish a panel of experts 
     to peer review for technical and scientific sufficiency.
       (7) Savings clause.--Nothing in this section affects any 
     authority of the Secretary

[[Page 15023]]

     or the Chief of Engineers to cause or conduct a peer review 
     of the engineering, scientific, or technical basis of any 
     water resources project in existence on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 4683. Mr. INHOFE (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 728, to provide for the 
consideration and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; as follows:

       Strike section 2004 and insert the following:

     SEC. 2004. FISCAL TRANSPARENCY AND PRIORITIZATION REPORT.

       (a) In General.--On the third Tuesday of January of each 
     year beginning January 2008, the Chief of Engineers 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--
       (1) the expenditures of the Corps of Engineers for the 
     preceding fiscal year and estimated expenditures for the 
     current fiscal year; and
       (2) the extent to which each authorized project of the 
     Corps of Engineers meets the national priorities described in 
     subsection (b).
       (b) National Priorities.--
       (1) In general.--The national priorities referred to in 
     subsection (a)(2) are--
       (A) to reduce the risk of loss of human life and risk to 
     public safety;
       (B) to benefit the national economy;
       (C) to protect and enhance the environment; and
       (D) to promote the national defense.
       (2) Evaluation of projects.--
       (A) In general.--In evaluating the extent to which a 
     project of the Corps of Engineers meets the national 
     priorities under paragraph (1), the Chief of Engineers--
       (i) shall develop a relative rating system that is 
     appropriate for--

       (I) each project purpose; and
       (II) if applicable, multipurpose projects; and

       (ii) may include an evaluation of projects using additional 
     criteria or subcriteria, if the additional criteria or 
     subcriteria are--

       (I) clearly explained; and
       (II) consistent with the method of evaluating the extent to 
     which a project meets the national priorities under this 
     paragraph.

       (B) Factors.--The Chief of Engineers shall establish such 
     factors, and assign to the factors such priority, as the 
     Chief of Engineers determines to be appropriate to evaluate 
     the extent to which a project meets the national priorities.
       (C) Consideration.--In establishing factors under 
     subparagraph (B), the Chief of Engineers may consider--
       (i) for evaluating the reduction in the risk of loss of 
     human life and risk to public safety of a project--

       (I) the human population protected by the project;
       (II) current levels of protection of human life under the 
     project; and
       (III) the risk of loss of human life and risk to public 
     safety if the project is not completed, taking into 
     consideration the existence and probability of success of 
     evacuation plans relating to the project, as determined by 
     the Director of the Federal Emergency Management Agency;

       (ii) for evaluating the benefit of a project to the 
     national economy--

       (I) the benefit-cost ratio, and the remaining benefit-
     remaining cost ratio, of the project;
       (II) the availability and cost of alternate transportation 
     methods relating to the project;
       (III) any applicable financial risk to a non-Federal 
     sponsor of the project;
       (IV) the costs to State, regional, and local entities of 
     project termination;
       (V) any contribution of the project with respect to 
     international competitiveness; and
       (VI) the extent to which the project is integrated with, 
     and complementary to, other Federal, State, and local 
     government programs, projects, and objectives within the 
     project area;

       (iii) for evaluating the extent to which a project protects 
     or enhances the environment--

       (I) for ecosystem restoration projects and mitigation plans 
     associated with other project purposes--

       (aa) the extent to which the project or plan restores the 
     natural hydrologic processes of an aquatic habitat;
       (bb) the significance of the resource to be protected or 
     restored by the project or plan;
       (cc) the extent to which the project or plan is self-
     sustaining; and
       (dd) the cost-effectiveness of the project or plan; and

       (II) the pollution reduction benefits associated with using 
     water as a method of transportation of goods; and

       (iv) for evaluating the extent to which a project promotes 
     the national defense--

       (I) the effect of the project relating to a strategic port 
     designation; and
       (II) the reduction of dependence on foreign oil associated 
     with using water as a method of transportation of goods.

       (c) Contents.--In addition to the information described in 
     subsections (a) and (b), the report shall contain a detailed 
     accounting of the following information:
       (1) With respect to general construction, information on--
       (A) projects currently under construction, including--
       (i) allocations to date;
       (ii) the number of years remaining to complete 
     construction;
       (iii) the estimated annual Federal cost to maintain that 
     construction schedule; and
       (iv) a list of projects the Corps of Engineers expects to 
     complete during the current fiscal year; and
       (B) projects for which there is a signed cost-sharing 
     agreement and completed planning, engineering, and design, 
     including--
       (i) the number of years the project is expected to require 
     for completion; and
       (ii) estimated annual Federal cost to maintain that 
     construction schedule.
       (2) With respect to operation and maintenance of the inland 
     and intracoastal waterways under section 206 of Public Law 
     95-502 (33 U.S.C. 1804)--
       (A) the estimated annual cost to maintain each waterway for 
     the authorized reach and at the authorized depth; and
       (B) the estimated annual cost of operation and maintenance 
     of locks and dams to ensure navigation without interruption.
       (3) With respect to general investigations and 
     reconnaissance and feasibility studies--
       (A) the number of active studies;
       (B) the number of completed studies not yet authorized for 
     construction;
       (C) the number of initiated studies; and
       (D) the number of studies expected to be completed during 
     the fiscal year.
       (4) Funding received and estimates of funds to be received 
     for interagency and international support activities under 
     section 318(a) of the Water Resources Development Act of 1990 
     (33 U.S.C. 2323(a)).
       (5) Recreation fees and lease payments.
       (6) Hydropower and water storage fees.
       (7) Deposits into the Inland Waterway Trust Fund and the 
     Harbor Maintenance Trust Fund.
       (8) Other revenues and fees collected.
       (9) With respect to permit applications and notifications, 
     a list of individual permit applications and nationwide 
     permit notifications, including--
       (A) the date on which each permit application is filed;
       (B) the date on which each permit application is determined 
     to be complete; and
       (C) the date on which the Corps of Engineers grants, 
     withdraws, or denies each permit.
       (10) With respect to the project backlog, a list of 
     authorized projects for which no funds have been allocated 
     for the 5 preceding fiscal years, including, for each 
     project--
       (A) the authorization date;
       (B) the last allocation date;
       (C) the percentage of construction completed;
       (D) the estimated cost remaining until completion of the 
     project; and
       (E) a brief explanation of the reasons for the delay.
                                 ______
                                 
  SA 4684. Mr. McCAIN (for himself, Mr. Feingold, and Mr. Lieberman) 
proposed an amendment to the bill S. 728, to provide for the 
consideration and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; as follows:

       On page 76 between lines 20 and 21, insert the following:

     SEC. 2007. WATER RESOURCES CONSTRUCTION PROJECT 
                   PRIORITIZATION REPORT.

       (a) Prioritization Report.--
       (1) In general.--On the third Tuesday of January of each 
     year beginning January 2007, the Water Resources Planning 
     Coordinating Committee established under section 2006(a) 
     (referred to in this section as the ``Coordinating 
     Committee'') shall submit to the Committees on Environment 
     and Public Works and Appropriations of the Senate, the 
     Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives, and the 
     Office of Management and Budget, and make available to the 
     public on the Internet, a prioritization report describing 
     Corps of Engineers water resources projects authorized for 
     construction.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include, at a minimum, a description of--
       (A) each water resources project included in the fiscal 
     transparency report under section 2004(b)(1);
       (B) each water resources project authorized for 
     construction--
       (i) on or after the date of enactment of this Act; or
       (ii) during the 10-year period ending on the date of 
     enactment of this Act; and
       (C) other water resources projects authorized for 
     construction, as the Coordinating Committee and the Secretary 
     determine to be appropriate.

[[Page 15024]]

       (3) Prioritization requirements.--
       (A) In general.--Each project described in a report under 
     paragraph (1) shall--
       (i) be categorized by project type; and
       (ii) be classified into a tier system of descending 
     priority, to be established by the Coordinating Committee, in 
     cooperation with the Secretary, in a manner that reflects the 
     extent to which the project achieves national priority 
     criteria established under subsection (b).
       (B) Multipurpose projects.--Each multipurpose project 
     described in a report under paragraph (1) shall--
       (i) be classified by the project type that best represents 
     the primary project purpose, as determined by the 
     Coordinating Committee; and
       (ii) be classified into the tier system described in 
     subparagraph (A)(ii) within that project type.
       (C) Tier system requirements.--In establishing a tier 
     system under subparagraph (A)(ii), the Secretary shall ensure 
     that--
       (i) each tier is limited to $5,000,000,000 in total 
     authorized project costs; and
       (ii) includes not more than 100 projects.
       (4) Requirement.--In preparing reports under paragraph (1), 
     the Coordinating Committee shall balance, to the maximum 
     extent practicable--
       (A) stability in project prioritization between reports; 
     and
       (B) recognition of newly-authorized construction projects 
     and changing needs of the United States.
       (b) National Priority Criteria.--
       (1) In general.--In preparing a report under subsection 
     (a), the Coordinating Committee shall prioritize water 
     resources construction projects within the applicable 
     category based on an assessment by the Coordinating Committee 
     of the following criteria:
       (A) For flood and storm damage reduction projects, the 
     extent to which the project--
       (i) addresses critical flood damage reduction needs of the 
     United States, including by reducing the risks to loss of 
     life by considering current protection levels; and
       (ii) avoids increasing risks to human life or damages to 
     property in the case of large flood events, avoids adverse 
     environmental impacts, or produces environmental benefits.
       (B) For navigation projects, the extent to which the 
     project--
       (i) addresses priority navigation needs of the United 
     States, including by having a high probability of producing 
     the economic benefits projected with respect to the project 
     and reflecting regional planning needs, as applicable; and
       (ii) avoids adverse environmental impacts.
       (C) For environmental restoration projects, the extent to 
     which the project--
       (i) addresses priority environmental restoration needs of 
     the United States, including by restoring the natural 
     hydrologic processes and spatial extent of an aquatic habitat 
     while being, to the maximum extent practicable, self-
     sustaining; and
       (ii) is cost-effective or produces economic benefits.
       (2) Benefit-to-cost ratios.--In prioritizing water 
     resources projects under subsection (a)(3) that require 
     benefit-to-cost ratios for inclusion in a report under 
     subsection (a)(1), the Coordinating Committee shall assess 
     and take into consideration the benefit-to-cost ratio and the 
     remaining benefit-to-cost ratio of each project.
       (3) Factors for consideration.--In preparing reports under 
     subsection (a)(1), the Coordinating Committee may take into 
     consideration any additional criteria or subcriteria, if the 
     criteria or subcriteria are fully explained in the report.
       (4) State prioritization determinations.--The Coordinating 
     Committee shall establish a process by which each State may 
     submit to the Coordinating Committee for consideration in 
     carrying out this subsection any prioritization determination 
     of the State with respect to a water resources project in the 
     State.
       (c) Recommendations.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Coordinating Committee shall 
     submit to Congress proposed recommendations with respect to--
       (A) a process to prioritize water resources projects across 
     project type;
       (B) a process to prioritize ongoing operational activities 
     carried out by the Corps of Engineers;
       (C) a process to address in the prioritization process 
     recreation and other ancillary benefits resulting from the 
     construction of Corps of Engineers projects; and
       (D) potential improvements to the prioritization process 
     established under this section.
       (2) Contracts with other entities.--The Coordinating 
     Committee may offer to enter into a contract with the 
     National Academy of Public Administration or any similar 
     entity to assist in developing recommendations under this 
     subsection.

                          ____________________




                           NOTICE OF HEARING


                    SUBCOMMITTEE ON WATER AND POWER

  Ms. MURKOWSKI. Mr. President, I would like to announce for the 
information of the Senate and the public that a hearing has been 
scheduled before the Subcommittee on Water and Power of the Committee 
on Energy and Natural Resources.
  The hearing will be held on Thursday, July 27, 2006 at 2:30 p.m. in 
Room SD-366 of the Dirksen Senate Office Building.
  The purpose of the hearing is to receive testimony on S. 3638, to 
encourage the Secretary of the Interior to participate in projects to 
plan, design, and construct water supply projects and to amend the 
Reclamation Wastewater and Groundwater Study and Facilities Act to 
encourage the design, planning, and construction of projects to treat 
impaired surface water, reclaim and reuse impaired groundwater, and 
provide brine disposal in the State of California; S. 3639, to amend 
the Reclamation Wastewater and Groundwater Study and Facilities Act to 
provide standards and procedures for the review of water reclamation 
and reuse projects; H.R. 177, to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Secretary of the 
Interior to participate in the Prado Basin Natural Treatment System 
Project, to authorize the Secretary to carry out a program to assist 
agencies in projects to construct regional brine lines in California, 
to authorize the Secretary to participate in the Lower Chino Dairy Area 
desalination demonstration and reclamation project, and for other 
purposes.; H.R. 2341, to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Secretary of the 
Interior to participate in the design, planning, and construction of a 
project to reclaim and reuse wastewater within and outside of the 
service area of the City of Austin Water and Wastewater Utility, Texas; 
and H.R. 3418, to amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize the Secretary of the Interior to 
participate in the Central Texas Water Recycling and Reuse Project, and 
for other purposes.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record should send two copies of their 
testimony to the Committee on Energy and Natural Resources, United 
States Senate, Washington, DC 20510-6150.
  For further information, please contact Joshua Johnson at 202-224-
5861 or Steve Waskiewicz at 202-228-6195.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


                      committee on armed services

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Committee 
on Armed Services be authorized to meet during the session of the 
Senate on July 19, 2006, at 10 a.m., in open session to continue to 
receive testimony on military commissions in light of the Supreme Court 
decision in Hamdan v. Rumsfeld.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            Committee on Banking, Housing, and Urban Affairs

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Committee 
on Banking, Housing, and Urban Affairs be authorized to meet during the 
session of the Senate on July 19, 2006, at 10 a.m., to conduct a vote 
on the nomination of Mr. Frederic S. Mishkin, of New York, to be a 
member of the Board of Governors of the Federal Reserve System; Ms. 
Linda Mysliwy Conlin, of New Jersey, to be First Vice President of The 
Export-Import Bank; Mr. Geoffrey S. Bacino, of Illinois, to be a 
Director of the Federal Housing Finance Board; Mr. Edmund C. Moy, of 
Wisconsin, to be Director of the Mint; Mr. J. Joseph Grandmaison, of 
New Hampshire, to be a member of the Board of Directors of the Export-
Import Bank; and Mr. James Lambright, of Missouri, to be President of 
the Export-Import Bank. Immediately following the vote, I ask unanimous 
consent that the Committee on Banking, Housing, and Urban Affairs be 
authorized to meet to conduct an Oversight Hearing on the semi-annual 
monetary policy report of The Federal Reserve.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 15025]]




            Committee on Banking, Housing, and Urban Affairs

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Committee 
on Banking, Housing, and Urban Affairs be authorized to meet during the 
session of the Senate on July 19, 2006, at 10 a.m., to conduct a 
hearing on ``The Semiannual Monetary Policy Report to the Congress.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


           Committee on Commerce, Science, and Transportation

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Senate 
Committee on Commerce, Science, and Transportation be allowed to meet 
at 10 a.m. on Wednesday, July 19, 2006, to consider S. 3661, S. Con. 
Res. 71, S. 3679, the National Transportation Safety Board 
Reauthorization Act of 2006, nominations, and the Committee print of 
the Maritime Administration Improvements Act of 2006.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               Committee on Environment and Public Works

  Mr. INHOFE. Mr. President, I ask unanimous consent that on Wednesday, 
July 19, 2006, at 9 a.m., the Committee on Environment and Public Works 
be authorized to hold a hearing on the science and risk assessment 
behind the Environmental Protection Agency's proposed revisions to the 
particulate matter air quality standards.
  The PRESIDING OFFICER. Without objection, it is so ordered.


          Committee on Health, Education, Labor, and Pensions

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions meet in executive session 
during the session of the Senate on Wednesday, July 19, 2006, at 10:30 
a.m in SD-430.
  The PRESIDING OFFICER. Without objection, it is so ordered.


        Committee on Homeland Security and Governmental Affairs

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs be authorized to meet on 
Wednesday, July 19, 2006, at 10 a.m. for a hearing titled, ``DHS 
Purchase Cards: Credit Without Accountability.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Committee on the Judiciary

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Senate 
Committee on the Judiciary be authorized to meet to conduct a hearing 
on ``Credit Card Interchange Fees: Antitrust Concerns?'' on Wednesday, 
July 19, 2006, at 9:30 a.m. in Dirksen Senate Office Building Room 226.

     Witnesses

  Panel I: Bill Douglas, Chief Executive Officer, Douglas Distributing, 
Sherman, TX. Kathy Miller, Owner, The Elmore Store, Elmore, VT. Joshua 
R. Floum, Executive Vice President, General Counsel and Secretary, Visa 
U.S.A., Washington, DC. Joshua L. Peirez, Group Executive, Global 
Public Policy and Associate General Counsel, MasterCard Worldwide, 
Purchase, NY. The Hon. Timothy J. Muris, Former Chairman, Federal Trade 
Commission, Of Counsel, O'Melveny & Meyers, Washington, DC. W. Stephen 
Cannon, President and Managing Partner, Constantine Cannon, Washington, 
DC.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Committee on the Judiciary

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be authorized to meet to conduct a markup on 
Wednesday, July 19, 2006, at 2 p.m. in the Dirksen Senate Office 
Building Room 226.
  I. Bills
  S. 2703, Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting 
Rights Act Reauthorization and Amendments Act of 2006 [Specter, Leahy, 
Grassley, Kennedy, DeWine, Feinstein, Brownback, Durbin, Schumer, Kohl, 
Biden, Feingold]
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Select Committee on Intelligence

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on July 19, 2006, at 2:30 p.m. to hold a closed briefing.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Subcommittee on Public Lands and Forests

  Mr. INHOFE. Mr. President, I ask unanimous consent that the 
Subcommittee on Public Lands and Forests of the Committee on Energy and 
Natural Resources be authorized to meet during the session of the 
Senate on Wednesday, July 19, 2006, at 10 a.m. The purpose of the 
hearing is to provide oversight on the implementation of Public Law 
108-148 (the Healthy Forests Restoration Act).
  The PRESIDING OFFICER. Without objection, it is so ordered.


      Subcommittee on Technology, Innovation, and Competitiveness

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Senate 
Committee on Commerce, Science, and Transportation's Subcommittee on 
Technology, Innovation, and Competitiveness be allowed to meet at 11 
a.m. on Wednesday, July 19, 2006, to discuss High Performance 
Computing.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




 AUTHORIZATION TO APPOINT SENATE COMMITTEE TO ESCORT PRIME MINISTER OF 
                   IRAQ INTO HOUSE OF REPRESENTATIVES

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
President of the Senate be authorized to appoint a committee on the 
part of the Senate to join with a like committee on the part of the 
House of Representatives to escort His Excellency Nuri al-Maliki, Prime 
Minister of the Republic of Iraq, into the House Chamber for a joint 
meeting at 11 a.m. on Wednesday, July 26.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




    MAKING TECHNICAL CORRECTIONS TO VIOLENCE AGAINST WOMEN ACT AND 
           DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005

  Mr. McCONNELL. I ask unanimous consent that the Senate proceed to 
immediate consideration of S. 3693 introduced earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3693) to make technical corrections to the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005.

  The PRESIDING OFFICER. In my capacity as a Senator from the State of 
Oklahoma, I object.
  Objection is heard.
  Mr. McCONNELL. Mr. President, I ask unanimous consent to vitiate any 
action on the previous bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Thune). Without objection, it is so 
ordered.

                          ____________________




       COPYRIGHT ROYALTY JUDGES PROGRAM TECHNICAL CORRECTIONS ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 515, H.R. 1036.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1036) to amend title 17, United States Code, 
     to make technical corrections relating to Copyright Royalty 
     Judges, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which

[[Page 15026]]

had been reported from the Committee on the Judiciary, with an 
amendment, as follows:
  (The part intended to be stricken is shown in boldface brackets and 
the part intended to be inserted is shown in italic.)

                               H.R. 1036

       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 ``Copyright Royalty Judges 
     Program Technical Corrections Act''.

     SEC. 2. REFERENCE.

       Any reference in this Act to a provision of title 17, 
     United States Code, refers to such provision as amended by 
     the Copyright Royalty and Distribution Reform Act of 2004 
     (Public Law 108-419) and the Satellite Home Viewer Extension 
     and Reauthorization Act of 2004 (title IX of division J of 
     Public Law 108-447).

     SEC. 3. AMENDMENTS TO CHAPTER 8 OF TITLE 17, UNITED STATES 
                   CODE.

       Chapter 8 of title 17, United States Code, is amended as 
     follows:
       (1) Section 801(b)(1) is amended, in the matter preceding 
     subparagraph (A), by striking ``119 and 1004'' and inserting 
     ``119, and 1004''.
       (2) Section 801 is amended by adding at the end the 
     following:
       ``(f) Effective Date of Actions.--On and after the date of 
     the enactment of the Copyright Royalty and Distribution 
     Reform Act of 2004, in any case in which time limits are 
     prescribed under this title for performance of an action with 
     or by the Copyright Royalty Judges, and in which the last day 
     of the prescribed period falls on a Saturday, Sunday, 
     holiday, or other nonbusiness day within the District of 
     Columbia or the Federal Government, the action may be taken 
     on the next succeeding business day, and is effective as of 
     the date when the period expired.''.
       (3) Section 802(f)(1)(A) is amended--
       (A) in clause (i), by striking ``clause (ii) of this 
     subparagraph and subparagraph (B)'' and inserting 
     ``subparagraph (B) and clause (ii) of this subparagraph''; 
     and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) One or more Copyright Royalty Judges may, or by 
     motion to the Copyright Royalty Judges, any participant in a 
     proceeding may, request from the Register of Copyrights an 
     interpretation of any material questions of substantive law 
     that relate to the construction of provisions of this title 
     and arise in the course of the proceeding. Any request for a 
     written interpretation shall be in writing and on the record, 
     and reasonable provision shall be made to permit participants 
     in the proceeding to comment on the material questions of 
     substantive law in a manner that minimizes duplication and 
     delay. Except as provided in subparagraph (B), the Register 
     of Copyrights shall deliver to the Copyright Royalty Judges a 
     written response within 14 days after the receipt of all 
     briefs and comments from the participants. The Copyright 
     Royalty Judges shall apply the legal interpretation embodied 
     in the response of the Register of Copyrights if it is timely 
     delivered, and the response shall be included in the record 
     that accompanies the final determination. The authority under 
     this clause shall not be construed to authorize the Register 
     of Copyrights to provide an interpretation of questions of 
     procedure before the Copyright Royalty Judges, the ultimate 
     adjustments and determinations of copyright royalty rates and 
     terms, the ultimate distribution of copyright royalties, or 
     the acceptance or rejection of royalty claims, rate 
     adjustment petitions, or petitions to participate in a 
     proceeding.''.
       (4) Section 802(f)(1)(D) is amended by inserting a comma 
     after ``undertakes to consult with''.
       (5) Section 803(a)(1) is amended--
       (A) by striking ``The Copyright'' and inserting ``The 
     Copyright Royalty Judges shall act in accordance with this 
     title, and to the extent not inconsistent with this title, in 
     accordance with subchapter II of chapter 5 of title 5, in 
     carrying out the purposes set forth in section 801. The 
     Copyright''; and
       (B) by inserting after ``Congress, the Register of 
     Copyrights,'' the following: ``copyright arbitration royalty 
     panels (to the extent those determinations are not 
     inconsistent with a decision of the Librarian of Congress or 
     the Register of Copyrights),''.
       (6) Section 803(b) is amended--
       (A) in paragraph (1)(A)(i)(V)--
       (i) by striking ``in the case of'' and inserting ``the 
     publication of notice requirement shall not apply in the case 
     of''; and
       (ii) by striking ``, such notice may not be published.'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking``, together with a 
     filing fee of $150'';
       (ii) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (iii) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) the petition to participate is accompanied by 
     either--
       ``(i) in a proceeding to determine royalty rates, a filing 
     fee of $150; or
       ``(ii) in a proceeding to determine distribution of royalty 
     fees--

       ``(I) a filing fee of $150; or
       ``(II) a statement that the petitioner (individually or as 
     a group) will not seek a distribution of more than $1000, in 
     which case the amount distributed to the petitioner shall not 
     exceed $1000.'';

       (C) in paragraph (3)(A)--
       (i) by striking ``(A) In general.--Promptly'' and inserting 
     ``(A) Commencement of proceedings.--
       ``(i) Rate adjustment proceeding.--Promptly''; and
       (ii) by adding at the end the following:
       ``(ii) Distribution proceeding.--Promptly after the date 
     for filing of petitions to participate in a proceeding to 
     determine the distribution of royalties, the Copyright 
     Royalty Judges shall make available to all participants in 
     the proceeding a list of such participants. The initiation of 
     a voluntary negotiation period among the participants shall 
     be set at a time determined by the Copyright Royalty 
     Judges.''.
       (D) in paragraph (4)(A), by striking the last sentence; and
       (E) in paragraph (6)(C)--
       (i) in clause (i)--

       (I) in the first sentence, by inserting ``and written 
     rebuttal statements'' after ``written direct statements'';
       (II) in the first sentence, by striking ``which may'' and 
     inserting ``which, in the case of written direct statements, 
     may''; and
       (III) by striking ``clause (iii)'' and inserting ``clause 
     (iv)'';

       (ii) by amending clause (ii)(I) to read as follows:
       ``(ii)(I) Following the submission to the Copyright Royalty 
     Judges of written direct statements and written rebuttal 
     statements by the participants in a proceeding under 
     paragraph (2), the Copyright Royalty Judges, after taking 
     into consideration the views of the participants in the 
     proceeding, shall determine a schedule for conducting and 
     completing discovery.'';
       (iii) by amending clause (iv) to read as follows:
       ``(iv) Discovery in connection with written direct 
     statements shall be permitted for a period of 60 days, except 
     for discovery ordered by the Copyright Royalty Judges in 
     connection with the resolution of motions, orders, and 
     disputes pending at the end of such period. The Copyright 
     Royalty Judges may order a discovery schedule in connection 
     with written rebuttal statements.''; and
       (iv) by amending clause (x) to read as follows:
       ``(x) The Copyright Royalty Judges shall order a settlement 
     conference among the participants in the proceeding to 
     facilitate the presentation of offers of settlement among the 
     participants. The settlement conference shall be held during 
     a 21-day period following the 60-day discovery period 
     specified in clause (iv) and shall take place outside the 
     presence of the Copyright Royalty Judges.''.
       (7) Section 803(c)(2)(B) is amended by striking 
     ``concerning rates and terms''.
       (8) Section 803(c)(4) is amended by striking ``, with the 
     approval of the Register of Copyrights,''.
       (9) Section 803(c)(7) is amended by striking ``of 
     Copyright'' and inserting ``of the Copyright''.
       (10) Section 803(d)(2)(C)(i)(I) is amended by striking 
     ``statements of account and any report of use'' and inserting 
     ``applicable statements of account and reports of use''.
       (11) Section 803(d)(3) is amended by striking ``If the 
     court, pursuant to section 706 of title 5, modifies'' and 
     inserting ``Section 706 of title 5 shall apply with respect 
     to review by the court of appeals under this subsection. If 
     the court modifies''.
       (12) Section 804(b)(1)(B) is amended--
       (A) by striking ``801(b)(3)(B) or (C)'' and inserting 
     ``801(b)(2)(B) or (C)''; and
       (B) in the last sentence, by striking ``change is'' and 
     inserting ``change in''.
       (13) Section 804(b)(3) is amended--
       (A) in subparagraph (A), by striking ``effective date'' and 
     inserting ``date of enactment''; and
       (B) in subparagraph (C)--
       (i) in clause (ii), by striking ``that is filed'' and 
     inserting ``is filed''; and
       (ii) in clause (iii), by striking ``such subsections (b)'' 
     and inserting ``subsections (b)''.

     SEC. 4. ADDITIONAL TECHNICAL AMENDMENTS.

       (a) Distribution of Royalty Fees.--Section 111(d) of title 
     17, United States Code, is amended--
       (1) in the second sentence of paragraph (2), by striking 
     all that follows ``Librarian of Congress'' and inserting 
     ``upon authorization by the Copyright Royalty Judges.'';
       (2) in paragraph (4)--
       (A) in subparagraph (B)--
       (i) by striking the second sentence and inserting the 
     following: ``If the Copyright Royalty Judges determine that 
     no such controversy exists, the Copyright Royalty Judges 
     shall authorize the Librarian of Congress to proceed to 
     distribute such fees to the copyright owners entitled to 
     receive them, or to their designated agents, subject to the 
     deduction of reasonable administrative costs under this 
     section.''; and
       (ii) in the last sentence, by striking ``finds'' and 
     inserting ``find''; and

[[Page 15027]]

       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) During the pendency of any proceeding under this 
     subsection, the Copyright Royalty Judges shall have the 
     discretion to authorize the Librarian of Congress to proceed 
     to distribute any amounts that are not in controversy.''.
       (b) Sound Recordings.--Section 114(f) of title 17, United 
     States Code, is amended--
       (1) in paragraph (1)(A), in the first sentence, by striking 
     ``except where'' and all that follows through the end period 
     and inserting ``except in the case of a different 
     transitional period provided under section 6(b)(3) of the 
     Copyright Royalty and Distribution Reform Act of 2004, or 
     such other period as the parties may agree.'';
       (2) by amending paragraph (2)(A) to read as follows:
       ``(2)(A) Proceedings under chapter 8 shall determine 
     reasonable rates and terms of royalty payments for public 
     performances of sound recordings by means of eligible 
     nonsubscription transmission services and new subscription 
     services specified by subsection (d)(2) during the 5-year 
     period beginning on January 1 of the second year following 
     the year in which the proceedings are to be commenced, except 
     in the case of a different transitional period provided under 
     section 6(b)(3) of the Copyright Royalty and Distribution 
     Reform Act of 2004, or such other period as the parties may 
     agree. Such rates and terms shall distinguish among the 
     different types of eligible nonsubscription transmission 
     services and new subscription services then in operation and 
     shall include a minimum fee for each such type of service. 
     Any copyright owners of sound recordings or any entities 
     performing sound recordings affected by this paragraph may 
     submit to the Copyright Royalty Judges licenses covering such 
     eligible nonsubscription transmissions and new subscription 
     services with respect to such sound recordings. The parties 
     to each proceeding shall bear their own costs.''; and
       (3) in paragraph (2)(B), in the last sentence, by striking 
     ``negotiated under'' and inserting ``described in''.
       (c) Phonorecords of Nondramatic Musical Works.--Section 
     115(c)(3) of title 17, United States Code, is amended--
       (1) in subparagraph (B), by striking ``subparagraphs (B) 
     through (F)'' and inserting ``this subparagraph and 
     subparagraphs (C) through (E)'';
       (2) in subparagraph (D), in the third sentence, by 
     inserting ``in subparagraphs (B) and (C)'' after 
     ``described''; and
       (3) in subparagraph (E), in clauses (i) and (ii)(I), by 
     striking ``(C) or (D)'' each place it appears and inserting 
     ``(C) and (D)''.
       (d) Noncommercial Broadcasting.--Section 118 of title 17, 
     United States Code, is amended--
       (1) in subsection (b)(3), by striking ``copyright owners in 
     works'' and inserting ``owners of copyright in works''; and
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``established by'' and all that follows through ``engage'' 
     and inserting ``established by the Copyright Royalty Judges 
     under subsection (b)(4), engage''; and
       (B) in paragraph (1), by striking ``(g)'' and inserting 
     ``(f)''.
       (e) Satellite Carriers.--Section 119 of title 17, United 
     States Code, is amended--
       (1) in subsection (b)(4)--
       (A) in subparagraph (B), by striking the second sentence 
     and inserting the following: ``If the Copyright Royalty 
     Judges determine that no such controversy exists, the 
     Copyright Royalty Judges shall authorize the Librarian of 
     Congress to proceed to distribute such fees to the copyright 
     owners entitled to receive them, or to their designated 
     agents, subject to the deduction of reasonable administrative 
     costs under this section.''; and
       (B) by amending subparagraph (C) to read as follows:
       ``(C) Withholding of fees during controversy.--During the 
     pendency of any proceeding under this subsection, the 
     Copyright Royalty Judges shall have the discretion to 
     authorize the Librarian of Congress to proceed to distribute 
     any amounts that are not in controversy.''; and
       (2) in subsection (c)(1)(F)(i), in the last sentence, by 
     striking ``arbitrary'' and inserting ``arbitration''.
       (f) Digital Audio Recording Devices.--Section 1007 of title 
     17, United States Code, is amended--
       (1) in subsection (b)--
       (A) in the second sentence, by striking ``Librarian of 
     Congress'' and inserting ``Copyright Royalty Judges''; and
       (B) in the last sentence, by striking ``by the Librarian''; 
     and
       (2) in subsection (c), in the last sentence, by striking 
     ``by the Librarian''.
       (g) Removal of Inconsistent Provisions.--The amendments 
     contained in subsection (h) of section 5 of the Copyright 
     Royalty and Distribution Reform Act of 2004 shall be deemed 
     never to have been enacted.
       (h) Effective Date.--Section 6(b)(1) of the Copyright 
     Royalty and Distribution Reform Act of 2004 (Public Law 108-
     419) is amended by striking ``commenced before the date of 
     enactment of this Act'' and inserting ``commenced before the 
     effective date provided in subsection (a)''.

     [SEC. 5. EFFECTIVE DATE.

       [This Act and the amendments made by this Act shall be 
     effective as if included in the Copyright Royalty and 
     Distribution Reform Act of 2004.]

     SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES.

       Section 801(b)(3)(C) of title 17, United States Code, is 
     amended--
       (1) by striking all that precedes clause (i) and inserting 
     the following:
       ``(C) Notwithstanding section 804(b)(8), the Copyright 
     Royalty Judges, at any time after the filing of claims under 
     section 111, 119, or 1007, may, upon motion of one or more of 
     the claimants and after publication in the Federal Register 
     of a request for responses to the motion from interested 
     claimants, make a partial distribution of such fees, if, 
     based upon all responses received during the 30-day period 
     beginning on the date of such publication, the Copyright 
     Royalty Judges conclude that no claimant entitled to receive 
     such fees has stated a reasonable objection to the partial 
     distribution, and all such claimants--''; and
       (2) in clause (i), by striking ``such'' and inserting 
     ``the''.

     SEC. 6. EFFECTIVE DATE.

       (a) In General.--Except as provided under subsection (b), 
     this Act and the amendments made by this Act shall be 
     effective as if included in the Copyright Royalty and 
     Distribution Reform Act of 2004.
       (b) Partial Distribution of Royalty Fees.--Section 5 shall 
     take effect on the date of enactment of this Act.

  Mr. LEAHY. Mr. President, I am pleased that the Judiciary Committee 
unanimously approved the Copyright Royalty Judges Program Technical 
Corrections Act, H.R. 1036, a bi1l that makes several important, 
noncontroversial, technical corrections to the Copyright Royalty and 
Distribution Reform Act of 2004. In particular, I am grateful to 
Senators Specter and Hatch for their efforts in the important work we 
have done, on this bill and so many others, over the years to 
strengthen our Nation's intellectual property laws. When Senators from 
different parties can collaborate as productively as we have on these 
tough issues, the legislative process is working the way it should.
  The Copyright Royalty and Distribution Reform Act of 2004, which 
Senator Hatch and I jointly authored, modernized and improved the 
process by which certain royalty rates, such as those for small 
webcasters, are determined. Passage of the act was an important step 
toward creating laws that adequately protect and compensate makers of 
creative works. The Technical Corrections Act, H.R. 1036, makes truly 
technical corrections that shore up those laws and further preserve the 
traditional role of important intellectual property protections.
  In addition to these technical corrections, I, along with Chairman 
Specter and Senator Hatch, offered an amendment that makes one more 
correction. Several copyright holders had brought it to our attention 
that under current laws, copyright royalty judges do not have the 
ability to allocate portions of cable and satellite royalties before 
the end of royalty distribution proceedings. This has resulted in more 
than $1 billion in cable and satellite royalties being withheld from 
rightful recipients. Our amendment rectified the problem by providing 
copyright royalty judges with explicit statutory discretion for partial 
distribution of royalties and was included in the legislation that the 
Judiciary Committee approved last week.
  Now that the bill is on the floor, I urge my colleagues to move it 
quickly, by unanimous consent.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to, the bill as amended by read 
the third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The amendment was ordered to be engrossed and the bill read a third 
time.
  The bill (H.R. 1036) was read the third time and passed, as follows:

                               H.R. 1036

         Resolved, That the bill from the House of Representatives 
     (H.R. 1036) entitled ``An Act to amend title 17, United 
     States Code, to make technical corrections relating to 
     Copyright Royalty Judges, and for other purposes.'' do pass 
     with the following amendment: On page 16, line 4 through 7, 
     strike and insert the following amendment:

[[Page 15028]]

       On page 16, line 4 through 7, strike and insert the 
     following:

     SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES.

       Section 801(b)(3)(C) of title 17, United States Code, is 
     amended--
       (1) by striking all that precedes clause (i) and inserting 
     the following:
       ``(C) Notwithstanding section 804(b)(8), the Copyright 
     Royalty Judges, at any time after the filing of claims under 
     section 111, 119, or 1007, may, upon motion of one or more of 
     the claimants and after publication in the Federal Register 
     of a request for responses to the motion from interested 
     claimants, make a partial distribution of such fees, if, 
     based upon all responses received during the 30-day period 
     beginning on the date of such publication, the Copyright 
     Royalty Judges conclude that no claimant entitled to receive 
     such fees has stated a reasonable objection to the partial 
     distribution, and all such claimants--''; and
       (2) in clause (i), by striking ``such'' and inserting 
     ``the''.

     SEC. 6. EFFECTIVE DATE.

       (a) In General.--Except as provided under subsection (b), 
     this Act and the amendments made by this Act shall be 
     effective as if included in the Copyright Royalty and 
     Distribution Reform Act of 2004.
       (b) Partial Distribution of Royalty Fees.--Section 5 shall 
     take effect on the date of enactment of this Act.

                          ____________________




    MAKING TECHNICAL CORRECTIONS TO VIOLENCE AGAINST WOMEN ACT AND 
           DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 3693, which was introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 3693) to make technical corrections to the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005.

  There being to objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the bill 
be read the third time and passed, the motion to reconsider be laid 
upon the table, and that any statements relating to the bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3693) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 3693

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

     SECTION 1. UNIVERSAL GRANT CONDITIONS AND DEFINITIONS OF THE 
                   VIOLENCE AGAINST WOMEN ACT OF 2005.

       (a) Short Title.--Section 1 of the Violence Against Women 
     and Department of Justice Reauthorization Act of 2005 is 
     amended by--
       (1) inserting ``(a) In General'' before ``This''; and
       (2) adding at the end the following:
       ``(b) Separate Short Titles.--Section 3 and titles I 
     through IX of this Act may be cited as the `Violence Against 
     Women Reauthorization Act of 2005'. Title XI of this Act may 
     be cited as the `Department of Justice Appropriations 
     Authorization Act of 2005'.''.
       (b) Clarify Effective Dates.--The Violence Against Women 
     Act and Department of Justice Reauthorization Act of 2005 
     (Public Law 109-162) is amended by adding after section 3 the 
     following new section:

     ``SEC. 4. EFFECTIVE DATE OF SPECIFIC SECTIONS.

       ``Notwithstanding any other provision of this Act or any 
     other law, sections 101, 102 (except the amendment to section 
     2101(d) of the Omnibus Crime Control and Safe Streets Act of 
     1968 included in that section), 103, 121, 203, 204, 205, 304, 
     306, 602, 906, and 907 of this Act shall not take effect 
     until the beginning of fiscal year 2007.''.
       (c) Ensure Comprehensive Definitional Section.--
       (1) Crimes on campuses.--Section 304 of the Violence 
     Against Women and Department of Justice Reauthorization Act 
     of 2005 (Public Law 109-162) is amended by adding at the end 
     the following:
       ``(g) Definitions and Grant Conditions.--In this section 
     the definitions and grant conditions in section 40002 of the 
     Violence Against Women Act of 1994 shall apply.''.
       (2) Outreach to underserved populations.--Section 120 of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) is amended 
     by adding at the end the following:
       ``(i) Definitions and Grant Conditions.--In this section 
     the definitions and grant conditions in section 40002 of the 
     Violence Against Women Act of 1994 shall apply.''.
       (3) Cultural services.--Section 121 of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (Public Law 109-162) is amended by adding at the end the 
     following:
       ``(h) Definitions and Grant Conditions.--In this section 
     the definitions and grant conditions in section 40002 of the 
     Violence Against Women Act of 1994 shall apply.''.
       (d) Correct Definition of Sexual Assault.--Section 
     40002(a)(23) of the Violence Against Women Act of 1994, as 
     added by section 3 of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (Public Law 
     109-162), is amended by striking ``prescribed'' and inserting 
     ``proscribed''.
       (e) Tribal Definitions.--Section 40002(a) of the Violence 
     Against Women Act of 1994, as added by section 3 of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), is 
     amended--
       (1) in paragraph (1), by striking ``Alaskan'' and inserting 
     ``Alaska Native'';
       (2) by redesignating paragraphs (31) through (36) as 
     paragraphs (32) through (37), respectively; and
       (3) by adding after paragraph (30) the following:
       ``(31) Tribal nonprofit organization.--The term `tribal 
     nonprofit organization' means--
       ``(A) a victim services provider that has as its primary 
     purpose to assist Native victims of domestic violence, dating 
     violence, sexual assault, or stalking; and
       ``(B) staff and leadership of the organization must include 
     persons with a demonstrated history of assisting American 
     Indian or Alaska Native victims of domestic violence, dating 
     violence, sexual assault, or stalking.''.
       (f) Clarify Matching Provision in the Universal Grant 
     Condition.--Section 40002(b) of the Violence Against Women 
     Act of 1994, as added by section 3 of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (Public Law 109-162), is amended by striking paragraph (1) 
     and inserting the following:
       ``(1) Match.--No matching funds shall be required for any 
     grant or subgrant made under this Act for--
       ``(A) any tribe, territory, or victim service provider; or
       ``(B) any other entity, including a State, that--
       ``(i) petitions for a waiver of any match condition imposed 
     by the Attorney General or the Secretaries of Health and 
     Human Services or Housing and Urban Development; and
       ``(ii) whose petition for waiver is determined by the 
     Attorney General or the Secretaries of Health and Human 
     Services or Housing and Urban Development to have adequately 
     demonstrated the financial need of the petitioning entity.''.

     SEC. 2. TITLE I--LAW ENFORCEMENT TOOLS.

       (a) Duplicate Provision.--Title I of the Violence Against 
     Women Act of 2005 (Public Law 109-162) is amended by striking 
     section 108.
       (b) Authorization Period.--Section 1167 of the Violence 
     Against Women Act of 2005 is amended by striking ``2006 
     through 2010'' and inserting ``2007 through 2011''.
       (c) Definition of Spouse of Intimate Partner.--Section 
     2266(7)(A) of title 18, United States Code, is amended by 
     striking clause (ii) and inserting the following:
       ``(ii) section 2261A--

       ``(I) a spouse or former spouse of the target of the 
     stalking, a person who shares a child in common with the 
     target of the stalking, and a person who cohabits or has 
     cohabited as a spouse with the target of the stalking; or
       ``(II) a person who is or has been in a social relationship 
     of a romantic or intimate nature with the target of the 
     stalking, as determined by the length of the relationship, 
     the type of the relationship, and the frequency of 
     interaction between the persons involved in the 
     relationship.''.

       (d) Strike Repeated Sections.--The Violence Against Women 
     and Department of Justice Reauthorization Act of 2005 is 
     amended by striking sections 1134 and 1135.
       (e) Conditions on Technical Assistance.--Section 
     40002(b)(11) of the Violence Against Women Act of 1994 is 
     amended by inserting before ``If there'' the following: ``Of 
     the total amounts appropriated under this title, not less 
     than 3 percent and up to 8 percent, unless otherwise noted, 
     shall be available for providing training and technical 
     assistance relating to the purposes of this title to improve 
     the capacity of the grantees, subgrantees, and other 
     entities.''.
       (f) Remove the Technical Assistance Provision in STOP and 
     Grants To Encourage Arrest.--The Omnibus Crime Control and 
     Safe Streets Act of 1968 is amended--
       (1) in section 2007, by striking subsection (i), as added 
     by section 101 of the Violence Against Women and Department 
     of Justice Reauthorization Act of 2005; and
       (2) by striking section 2106, as added by section 102 of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005.
       (g) Correct STOP Grant Allocation.--Section 2007 (b)(2) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796gg-1), as amended by section 101 of

[[Page 15029]]

     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005, is amended by striking ``and the 
     coalitions for combined Territories of the United States'' 
     and inserting ``the coalition for Guam, the coalition for 
     American Samoa, the coalition for the United States Virgin 
     Islands, and the coalition for the Commonwealth of the 
     Northern Mariana Islands.''.
       (h) Underserved Populations Report.--Section 120(g) of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 is amended by striking ``, every 
     18 months,''.
       (i) Correct Definition of Dating Partner.--Section 2266(10) 
     of title 18, United States Code, as amended by section 116 of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005, is further amended by striking 
     ``and the existence of such a relationship'' and inserting 
     ``. The existence of such a relationship is''.
       (j) Alter Compliance Time for Forensic Exam 
     Certification.--Section 2010(d) of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(d)) as added 
     by section 101 of the Violence Against Women and Department 
     of Justice Reauthorization Act of 2005, is amended by--
       (1) striking ``Nothing'' and inserting ``(1) In general.--
     ''; and
       (2) inserting at the end the following:
       ``(2) Compliance period.--States, territories, and Indian 
     tribal governments shall have 3 years from the date of 
     enactment of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 to come into compliance 
     with this subsection.''.
       (k) Correct Underserved Populations Grant Program.--Section 
     121 of the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) is amended--
       (1) in subsection (a)(1), by inserting at the end the 
     following : ``The requirements of the grant programs 
     identified in paragraph (2) shall not apply to this new grant 
     program.''; and
       (2) in subsection (b)(2) by striking the period and 
     inserting ``, including--
       ``(A) working with State and local governments and social 
     service agencies to develop and enhance effective strategies 
     to provide culturally and linguistically specific services to 
     victims of domestic violence, dating violence, sexual 
     assault, and stalking;
       ``(B) increasing communities' capacity to provide 
     culturally and linguistically specific resources and support 
     for victims of domestic violence, dating violence, sexual 
     assault, and stalking crimes and their families;
       ``(C) strengthening criminal justice interventions, by 
     providing training for law enforcement, prosecution, courts, 
     probation, and correctional facilities on culturally and 
     linguistically specific responses to domestic violence, 
     dating violence, sexual assault, and stalking;
       ``(D) enhancing traditional services to victims of domestic 
     violence, dating violence, sexual assault, and stalking 
     through the leadership of culturally and linguistically 
     specific programs offering services to victims of domestic 
     violence, dating violence, sexual assault, and stalking;
       ``(E) working in cooperation with the community to develop 
     education and prevention strategies highlighting culturally 
     and linguistically specific issues and resources regarding 
     victims of domestic violence, dating violence, sexual 
     assault, and stalking;
       ``(F) providing culturally and linguistically specific 
     programs for children exposed to domestic violence, dating 
     violence, sexual assault, and stalking;
       ``(G) providing culturally and linguistically specific 
     resources and services that address the safety, economic, 
     housing, and workplace needs of victims of domestic violence, 
     dating violence, sexual assault, or stalking, including 
     emergency assistance; or
       ``(H) examining the dynamics of culture and its impact on 
     victimization and healing.''.
       (l) Fix Allocation Issue in STOP Grants.--Subparagraphs (A) 
     and (B) of section 2007(c)(3) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
     1(c)(3) (A) and (B)) are amended to read as follows:
       ``(A) not less than 25 percent shall be allocated for law 
     enforcement and not less than 25 percent shall be allocated 
     for prosecutors;
       ``(B) not less than 30 percent shall be allocated for 
     victims services of which at least 10 percent shall be 
     distributed to culturally specific community-based 
     organizations; and''.
       (m) Correct GAO Study.--Section 119(a) of the Violence 
     Against Women and Department of Justice Reauthorization Act 
     of 2005 (Public Law 109-162) is amended by striking ``of 
     domestic violence.'' and inserting ``of these respective 
     crimes.''
       (n) Protection Order Correction.--Section 106(c) of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) is amended 
     by striking ``the registration or filing of a protection 
     order'' and inserting ``the registration, filing of a 
     petition for, or issuance of a protection order, restraining 
     order or injunction''

     SEC. 3. TITLE II--IMPROVED SERVICES.

       (a) Sexual Assault Services Into VAWA.--Section 202 of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) is repealed.
       (b) Sexual Assault Services Program.--The Violence Against 
     Women Act of 1994 (Public Law 103-322) is amended by adding 
     at the end the following:

                 ``Subtitle P--Sexual Assault Services

     ``SEC. 41601. SEXUAL ASSAULT SERVICES PROGRAM.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to assist States, Indian tribes, and territories in 
     providing intervention, advocacy, accompaniment, support 
     services, and related assistance for--
       ``(A) adult, youth, and child victims of sexual assault;
       ``(B) family and household members of such victims; and
       ``(C) those collaterally affected by the victimization, 
     except for the perpetrator of such victimization; and
       ``(2) to provide for technical assistance and training 
     relating to sexual assault to--
       ``(A) Federal, State, tribal, territorial and local 
     governments, law enforcement agencies, and courts;
       ``(B) professionals working in legal, social service, and 
     health care settings;
       ``(C) nonprofit organizations;
       ``(D) faith-based organizations; and
       ``(E) other individuals and organizations seeking such 
     assistance.
       ``(b) Grants to States and Territories.--
       ``(1) Grants authorized.--The Attorney General shall award 
     grants to States and territories to support the 
     establishment, maintenance, and expansion of rape crisis 
     centers and other programs and projects to assist those 
     victimized by sexual assault.
       ``(2) Allocation and use of funds.--
       ``(A) Administrative costs.--Not more than 5 percent of the 
     grant funds received by a State or territory governmental 
     agency under this subsection for any fiscal year may be used 
     for administrative costs.
       ``(B) Grant funds.--Any funds received by a State or 
     territory under this subsection that are not used for 
     administrative costs shall be used to provide grants to rape 
     crisis centers and other nonprofit, nongovernmental 
     organizations for programs and activities within such State 
     or territory that provide direct intervention and related 
     assistance.
       ``(C) Intervention and related assistance.--Intervention 
     and related assistance under subparagraph (B) may include--
       ``(i) 24-hour hotline services providing crisis 
     intervention services and referral;
       ``(ii) accompaniment and advocacy through medical, criminal 
     justice, and social support systems, including medical 
     facilities, police, and court proceedings;
       ``(iii) crisis intervention, short-term individual and 
     group support services, and comprehensive service 
     coordination and supervision to assist sexual assault victims 
     and family or household members;
       ``(iv) information and referral to assist the sexual 
     assault victim and family or household members;
       ``(v) community-based, linguistically and culturally 
     specific services and support mechanisms, including outreach 
     activities for underserved communities; and
       ``(vi) the development and distribution of materials on 
     issues related to the services described in clauses (i) 
     through (v).
       ``(3) Application.--
       ``(A) In general.--Each eligible entity desiring a grant 
     under this subsection shall submit an application to the 
     Attorney General at such time and in such manner as the 
     Attorney General may reasonably require.
       ``(B) Contents.--Each application submitted under 
     subparagraph (A) shall--
       ``(i) set forth procedures designed to ensure meaningful 
     involvement of the State or territorial sexual assault 
     coalition and representatives from underserved communities in 
     the development of the application and the implementation of 
     the plans;
       ``(ii) set forth procedures designed to ensure an equitable 
     distribution of grants and grant funds within the State or 
     territory and between urban and rural areas within such State 
     or territory;
       ``(iii) identify the State or territorial agency that is 
     responsible for the administration of programs and 
     activities; and
       ``(iv) meet other such requirements as the Attorney General 
     reasonably determines are necessary to carry out the purposes 
     and provisions of this section.
       ``(4) Minimum amount.--The Attorney General shall allocate 
     to each State not less than 1.50 percent of the total amount 
     appropriated in a fiscal year for grants under this section, 
     except that the United States Virgin Islands, American Samoa, 
     Guam, the District of Columbia, Puerto Rico, and the 
     Commonwealth of the Northern Mariana Islands shall each be 
     allocated 0.125 percent of the total appropriations. The 
     remaining funds shall be allotted to each State and each 
     territory in an amount that bears the same ratio to such 
     remaining funds as the population of such State and such 
     territory bears to the population of all the States and the 
     territories. The District of Columbia shall be treated as a 
     territory for purposes of calculating its allocation under 
     the preceding formula.

[[Page 15030]]

       ``(c) Grants for Culturally Specific Programs Addressing 
     Sexual Assault.--
       ``(1) Grants authorized.--The Attorney General shall award 
     grants to eligible entities to support the establishment, 
     maintenance, and expansion of culturally specific 
     intervention and related assistance for victims of sexual 
     assault.
       ``(2) Eligible entities.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(A) be a private nonprofit organization that focuses 
     primarily on culturally specific communities;
       ``(B) must have documented organizational experience in the 
     area of sexual assault intervention or have entered into a 
     partnership with an organization having such expertise;
       ``(C) have expertise in the development of community-based, 
     linguistically and culturally specific outreach and 
     intervention services relevant for the specific communities 
     to whom assistance would be provided or have the capacity to 
     link to existing services in the community tailored to the 
     needs of culturally specific populations; and
       ``(D) have an advisory board or steering committee and 
     staffing which is reflective of the targeted culturally 
     specific community.
       ``(3) Award basis.--The Attorney General shall award grants 
     under this section on a competitive basis.
       ``(4) Distribution.--
       ``(A) The Attorney General shall not use more than 2.5 
     percent of funds appropriated under this subsection in any 
     year for administration, monitoring, and evaluation of grants 
     made available under this subsection.
       ``(B) Up to 5 percent of funds appropriated under this 
     subsection in any year shall be available for technical 
     assistance by a national, nonprofit, nongovernmental 
     organization or organizations whose primary focus and 
     expertise is in addressing sexual assault within underserved 
     culturally specific populations.
       ``(5) Term.--The Attorney General shall make grants under 
     this section for a period of no less than 2 fiscal years.
       ``(6) Reporting.--Each entity receiving a grant under this 
     subsection shall submit a report to the Attorney General that 
     describes the activities carried out with such grant funds.
       ``(d) Grants to State, Territorial, and Tribal Sexual 
     Assault Coalitions.--
       ``(1) Grants authorized.--
       ``(A) In general.--The Attorney General shall award grants 
     to State, territorial, and tribal sexual assault coalitions 
     to assist in supporting the establishment, maintenance, and 
     expansion of such coalitions.
       ``(B) Minimum amount.--Not less than 10 percent of the 
     total amount appropriated to carry out this section shall be 
     used for grants under subparagraph (A).
       ``(C) Eligible applicants.--Each of the State, territorial, 
     and tribal sexual assault coalitions.
       ``(2) Use of funds.--Grant funds received under this 
     subsection may be used to--
       ``(A) work with local sexual assault programs and other 
     providers of direct services to encourage appropriate 
     responses to sexual assault within the State, territory, or 
     tribe;
       ``(B) work with judicial and law enforcement agencies to 
     encourage appropriate responses to sexual assault cases;
       ``(C) work with courts, child protective services agencies, 
     and children's advocates to develop appropriate responses to 
     child custody and visitation issues when sexual assault has 
     been determined to be a factor;
       ``(D) design and conduct public education campaigns;
       ``(E) plan and monitor the distribution of grants and grant 
     funds to their State, territory, or tribe; or
       ``(F) collaborate with and inform Federal, State, or local 
     public officials and agencies to develop and implement 
     policies to reduce or eliminate sexual assault.
       ``(3) Allocation and use of funds.--From amounts 
     appropriated for grants under this subsection for each fiscal 
     year--
       ``(A) not less than 10 percent of the funds shall be 
     available for grants to tribal sexual assault coalitions; and
       ``(B) the remaining funds shall be available for grants to 
     State and territorial coalitions, and the Attorney General 
     shall allocate an amount equal to \1/56\ of the amounts so 
     appropriated to each of those State and territorial 
     coalitions.
       ``(4) Application.--Each eligible entity desiring a grant 
     under this subsection shall submit an application to the 
     Attorney General at such time, in such manner, and containing 
     such information as the Attorney General determines to be 
     essential to carry out the purposes of this section.
       ``(5) First-time applicants.--No entity shall be prohibited 
     from submitting an application under this subsection during 
     any fiscal year for which funds are available under this 
     subsection because such entity has not previously applied or 
     received funding under this subsection.
       ``(e) Grants to Tribes.--
       ``(1) Grants authorized.--The Attorney General may award 
     grants to Indian tribes, tribal organizations, and nonprofit 
     tribal organizations for the operation of sexual assault 
     programs or projects in Indian tribal lands and Alaska Native 
     villages to support the establishment, maintenance, and 
     expansion of programs and projects to assist those victimized 
     by sexual assault.
       ``(2) Allocation and use of funds.--
       ``(A) Administrative costs.--Not more than 5 percent of the 
     grant funds received by an Indian tribe, tribal organization, 
     and nonprofit tribal organization under this subsection for 
     any fiscal year may be used for administrative costs.
       ``(B) Grant funds.--Any funds received under this 
     subsection that are not used for administrative costs shall 
     be used to provide grants to tribal organizations and 
     nonprofit tribal organizations for programs and activities 
     within Indian country and Alaskan native villages that 
     provide direct intervention and related assistance.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $50,000,000 to remain available until expended for each of 
     the fiscal years 2007 through 2011 to carry out the 
     provisions of this section.
       ``(2) Allocations.--Of the total amounts appropriated for 
     each fiscal year to carry out this section--
       ``(A) not more than 2.5 percent shall be used by the 
     Attorney General for evaluation, monitoring, and other 
     administrative costs under this section;
       ``(B) not more than 2.5 percent shall be used for the 
     provision of technical assistance to grantees and subgrantees 
     under this section;
       ``(C) not less than 65 percent shall be used for grants to 
     States and territories under subsection (b);
       ``(D) not less than 10 percent shall be used for making 
     grants to State, territorial, and tribal sexual assault 
     coalitions under subsection (d);
       ``(E) not less than 10 percent shall be used for grants to 
     tribes under subsection (e); and
       ``(F) not less than 10 percent shall be used for grants for 
     culturally specific programs addressing sexual assault under 
     subsection (c).''.

     SEC. 4. TITLE III--YOUNG VICTIMS.

       (a) Correct Citation in Section 41204.--Section 41204(f)(2) 
     of the Violence Against Women Act of 1994 (42 U.S.C. 14043c-
     3) is amended by striking ``(b)(4)(D)'' and inserting 
     ``(b)(4)''.
       (b) Correct Campus Grant Program's Purpose Areas.--Section 
     304(b)(2) of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162) is 
     amended by striking the first sentence and inserting ``To 
     develop and implement campus policies, protocols, and 
     services that more effectively identify and respond to the 
     crimes of domestic violence, dating violence, sexual assault 
     and stalking, and to train campus administrators, campus 
     security personnel, and personnel serving on campus 
     disciplinary or judicial boards on such policies, protocols, 
     and services.''.
       (c) Correction.--In section 758(c)(1)(A) of the Public 
     Health Services Act (42 U.S.C. 294h(c)(1)(A)), insert 
     ``experiencing'' after ``to individuals who are'' and before 
     ``or who have experienced''.
       (d) Campus Reporting Requirement.--Section 304(d)(2)(A) of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 is amended by striking 
     ``biennial''.

     SEC. 5. TITLE VI--HOUSING AMENDMENTS.

       (a) Amendments to Collaborative Grant Program.--Section 
     41404 of the Violence Against Women Act of 1994 (as added by 
     Public Law 109-162; 119 Stat. 3033) is amended--
       (1) in subsection (a)(1) by striking ``of Children'' and 
     inserting ``for Children''; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the heading, by striking ``(1) In general.--''; and
       (ii) by adding at the end ``Such activities, services, or 
     programs--'';
       (B) in paragraph (2), by striking ``(2) Activities, 
     services, programs.--Such activities, services, or programs 
     described in paragraph (1)'' and inserting ``(1)'';
       (C) by redesignating paragraphs (3) through (5) as 
     paragraphs (2) through (4), respectively; and
       (D) in paragraph (3), as so redesignated, by striking 
     ``paragraph (3)'' and inserting ``paragraph (2)''.
       (b) Technical Amendments to Stewart B. McKinney Homeless 
     Assistance Act.--Section 423(a)(8) of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11383(a)(8)) is amended--
       (1) in the first sentence of subparagraph (A), by striking 
     ``subsection'' and inserting ``section''; and
       (2) in subparagraph (B)(ii), by striking ``or `victim 
     service providers'''.
       (c) Technical Amendment to Violence Against Women Act of 
     2005.--Section 606 of the Violence Against Women Act of 2005 
     (Public Law 104-162; 119 Stat. 3041) is amended in the 
     heading by striking ``VOUCHER''.
       (d) Selection of Tenants.--Section 8(d)(1)(A) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is 
     amended to read as follows:
       ``(A) the selection of tenants shall be the function of the 
     owner, subject to the annual contributions contract between 
     the Secretary and the agency, except that with respect to the 
     certificate and moderate rehabilitation programs only, for 
     the purpose of

[[Page 15031]]

     selecting families to be assisted, the public housing agency 
     may establish local preferences, consistent with the public 
     housing agency plan submitted under section 5A (42 U.S.C. 
     1437c-1) by the public housing agency and that an applicant 
     or participant is or has been a victim of domestic violence, 
     dating violence, or stalking is not an appropriate basis for 
     denial of program assistance or for denial of admission if 
     the applicant otherwise qualifies for assistance or 
     admission;''.
       (e) Technical Amendments to Housing Assistance Program.--
     Section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f) is amended--
       (1) in subsection (c)(9)(C), by striking clause (ii) and 
     inserting the following:
       ``(ii) Notwithstanding clause (i) or any Federal, State, or 
     local law to the contrary, an owner or manager may bifurcate 
     a lease under this section, or remove a household member from 
     a lease under this section, without regard to whether a 
     household member is a signatory to a lease, in order to 
     evict, remove, terminate occupancy rights, or terminate 
     assistance to any individual who is a tenant or lawful 
     occupant and who engages in criminal acts of physical 
     violence against family members or others, without evicting, 
     removing, terminating assistance to, or otherwise penalizing 
     the victim of such violence who is also a tenant or lawful 
     occupant. Such eviction, removal, termination of occupancy 
     rights, or termination of assistance shall be effected in 
     accordance with the procedures prescribed by Federal, State, 
     and local law for the termination of leases or assistance 
     under the relevant program of HUD-assisted housing.'';
       (2) in subsection (d)(1)(B)(iii), by striking subclause 
     (II) and inserting the following:
       ``(II) Notwithstanding subclause (I) or any Federal, State, 
     or local law to the contrary, a public housing agency may 
     terminate assistance to, or an owner or manager may bifurcate 
     a lease under this section, or remove a household member from 
     a lease under this section, without regard to whether a 
     household member is a signatory to a lease, in order to 
     evict, remove, terminate occupancy rights, or terminate 
     assistance to any individual who is a tenant or lawful 
     occupant and who engages in criminal acts of physical 
     violence against family members or others, without evicting, 
     removing, terminating assistance to, or otherwise penalizing 
     the victim of such violence who is also a tenant or lawful 
     occupant. Such eviction, removal, termination of occupancy 
     rights, or termination of assistance shall be effected in 
     accordance with the procedures prescribed by Federal, State, 
     and local law for the termination of leases or assistance 
     under the relevant program of HUD-assisted housing.'';
       (3) in subsection (f)--
       (A) in paragraph (9), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (10)(A)(i), by striking ``; and'' and 
     inserting ``; or''; and
       (C) in paragraph (11)(B), by striking ``blood and 
     marriage'' and inserting ``blood or marriage'';
       (4) in subsection (o)--
       (A) in the second sentence of paragraph (6)(B)--
       (i) by striking ``by'' after ``denial of program 
     assistance'';
       (ii) by striking ``for admission for'' and inserting ``for 
     admission or''; and
       (iii) by striking ``admission, and that nothing'' and 
     inserting ``admission. Nothing'';
       (B) in paragraph (7)(D)--
       (i) by striking clause (ii) and inserting the following:
       ``(ii) Limitation.--Notwithstanding clause (i) or any 
     Federal, State, or local law to the contrary, a public 
     housing agency may terminate assistance to, or an owner or 
     manager may bifurcate a lease under this section, or remove a 
     household member from a lease under this section, without 
     regard to whether a household member is a signatory to a 
     lease, in order to evict, remove, terminate occupancy rights, 
     or terminate assistance to any individual who is a tenant or 
     lawful occupant and who engages in criminal acts of physical 
     violence against family members or others, without evicting, 
     removing, terminating assistance to, or otherwise penalizing 
     the victim of such violence who is also a tenant or lawful 
     occupant. Such eviction, removal, termination of occupancy 
     rights, or termination of assistance shall be effected in 
     accordance with the procedures prescribed by Federal, State, 
     and local law for the termination of leases or assistance 
     under the relevant program of HUD-assisted housing.'';
       (ii) in clause (iii), by striking ``access to control'' and 
     inserting ``access or control''; and
       (iii) in clause (v), by striking ``terminate,'' and 
     inserting ``terminate''; and
       (C) in paragraph (20)(D)(ii), by striking ``distribution'' 
     and inserting ``distribution or''; and
       (5) in subsection (ee)(1)--
       (A) in subparagraph (A), by striking ``the owner, manager, 
     or public housing agency requests such certification'' and 
     inserting ``the individual receives a request for such 
     certification from the owner, manager, or public housing 
     agency'';
       (B) in subparagraph (B)--
       (i) by striking ``the owner, manager, public housing 
     agency, or assisted housing provider has requested such 
     certification in writing'' and inserting ``the individual has 
     received a request in writing for such certification for the 
     owner, manager, or public housing agency'';
       (ii) by striking ``manager, public housing'' and inserting 
     ``manager or public housing'' each place that term appears; 
     and
       (iii) by striking ``, or assisted housing provider'' each 
     place that term appears;
       (C) in subparagraph (C), by striking ``sexual assault,'';
       (D) in subparagraph (D), by striking ``sexual assault,''; 
     and
       (E) in subparagraph (E)--
       (i) by striking ``manager, public housing'' and inserting 
     ``manager or public housing'' each place that term appears; 
     and
       (ii) by striking ``, or assisted housing provider'' each 
     place that term appears.
       (f) Technical Amendment to Section 6 of United States 
     Housing Act of 1937.--Section 6 of the United States Housing 
     Act of 1937 (42 U.S.C. 1437d) is amended--
       (1) in subsection (l)(6), by striking subparagraph (B) and 
     inserting the following: ``(B) notwithstanding subparagraph 
     (A) or any Federal, State, or local law to the contrary, a 
     public housing agency may bifurcate a lease under this 
     section, or remove a household member from a lease under this 
     section, without regard to whether a household member is a 
     signatory to a lease, in order to evict, remove, terminate 
     occupancy rights, or terminate assistance to any individual 
     who is a tenant or lawful occupant and who engages in 
     criminal acts of physical violence against family members or 
     others, without evicting, removing, terminating assistance 
     to, or otherwise penalizing the victim of such violence who 
     is also a tenant or lawful occupant and such eviction, 
     removal, termination of occupancy rights, or termination of 
     assistance shall be effected in accordance with the 
     procedures prescribed by Federal, State, and local law for 
     the termination of leases or assistance under the relevant 
     program of HUD-assisted housing;''; and
       (2) in subsection (u)--
       (A) in paragraph (1)(A), by striking ``the public housing 
     agency requests such certification'' and inserting ``the 
     individual receives a request for such certification from the 
     public housing agency'';
       (B) in paragraph (1)(B), by striking ``the public housing 
     agency has requested such certification in writing'' and 
     inserting ``the individual has received a request in writing 
     for such certification from the public housing agency''; and
       (C) in paragraph (3)(D)(ii), by striking ``blood and 
     marriage'' and inserting ``blood or marriage''.

     SEC. 6. TITLE VIII--IMMIGRATION AND NATIONALITY ACT.

       (a) Petitions for Immigrant Status.--Section 
     204(a)(1)(D)(v) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(D)(v)) is amended by inserting ``or 
     (B)(iii)'' after ``(A)(iv)''.
       (b) Inadmissible Aliens.--Section 212 of such Act (8 U.S.C. 
     1182) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(C)(i)--
       (i) in subclause (II), by striking ``, or'' at the end and 
     inserting a semicolon; and
       (ii) by adding at the end the following:

       ``(III) classification or status as a VAWA self-petitioner; 
     or'';

       (B) in paragraph (6)(A)(ii), by amending subclause (I) to 
     read as follows:

       ``(I) the alien is a VAWA self-petitioner;''; and

       (C) in paragraph (9)(C)(ii), by striking ``the Attorney 
     General has consented'' and all that follows through ``United 
     States.'' and inserting the following: ``the Secretary of 
     Homeland Security has consented to the alien's reapplying for 
     admission.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive the application of clause (i) in the case of an alien 
     who is a VAWA self-petitioner if there is a connection 
     between--

       ``(I) the alien's battering or subjection to extreme 
     cruelty; and
       ``(II) the alien's removal, departure from the United 
     States, reentry into the United States; or attempted reentry 
     into the United States.'';

       (2) in subsection (g)(1), by amending subparagraph (C) to 
     read as follows:
       ``(C) is a VAWA self-petitioner,'';
       (3) in subsection (h)(1), by amending subparagraph (C) to 
     read as follows:
       ``(C) the alien is a VAWA self-petitioner; and''; and
       (4) in subsection (i)(1), by striking ``an alien granted 
     classification under clause (iii) or (iv) of section 
     204(a)(1)(A) or clause (ii) or (iii) of section 
     204(a)(1)(B)'' and inserting ``a VAWA self-petitioner''.
       (c) Deportable Aliens.--Section 237(a)(1)(H)(ii) of such 
     Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended to read as 
     follows:
       ``(ii) is a VAWA self-petitioner.''.
       (d) Removal.--Section 239(e)(2)(B) of such Act (8 U.S.C. 
     1229(e)(2)(B)) is amended by striking ``(V)'' and inserting 
     ``(U)''.
       (e) Cancellation of Removal.--Section 240A(b)(4)(B) of such 
     Act (8 U.S.C. 1229b(b)(4)(B)) is amended by striking ``they 
     were applications filed under section 204(a)(1)(A)(iii), 
     (A)(iv), (B)(ii), or (B)(iii) for

[[Page 15032]]

     purposes of section 245 (a) and (c).'' and inserting ``the 
     applicants were VAWA self-petitioners.''.
       (f) Adjustment of Status.--Section 245 of such Act (8 
     U.S.C. 1255) is amended--
       (1) in subsection (a), by striking ``under subparagraph 
     (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) 
     or'' and inserting ``as a VAWA self-petitioner''; and
       (2) in subsection (c), by striking ``under subparagraph 
     (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or 
     (B)(iv) of section 204(a)(1)'' and inserting ``as a VAWA 
     self-petitioner''.
       (g) Immigration Officers.--Section 287 of such Act (8 
     U.S.C. 1357) is amended by redesignating subsection (i) as 
     subsection (h).
       (h) Penalties for Disclosure of Information.--Section 
     384(a)(2) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)) is amended 
     by striking ``clause (iii) or (iv)'' and all that follows and 
     inserting ``paragraph (15)(T), (15)(U), or (51) of section 
     101(a) of the Immigration and Nationality Act or section 
     240A(b)(2) of such Act.''.

     SEC. 7. TITLE IX--INDIAN WOMEN.

       (a) Omnibus Crime Control and Safe Streets.--
       (1) Grants to combat violent crimes against women.--Part T 
     of the Omnibus Crime Control and Safe Streets Act of 1968 is 
     amended--
       (A) by redesignating the second section 2007 (42 U.S.C. 
     3796gg-10) (relating to grants to Indian tribal governments), 
     as added by section 906 of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005, as section 
     2015;
       (B) by redesignating the second section 2008 (42 U.S.C. 
     3796gg-11) (relating to a tribal deputy), as added by section 
     907 of the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005, as section 2016; and
       (C) by moving those sections so as to appear at the end of 
     the part.
       (2) State grant amounts.--Section 2007(b) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
     1(b)), as amended by section 906(b) of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005, 
     is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) 10 percent shall be available for grants under the 
     program authorized by section 2015, which shall not otherwise 
     be subject to the requirements of this part (other than 
     section 2008);''.
       (3) Grants to indian tribal governments.--Section 2015 of 
     the Omnibus Crime Control and Safe Streets Act of 1968, as 
     added by section 906 of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (as 
     redesignated by paragraph (1)(A)), is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``and tribal organizations'' and inserting ``or authorized 
     designees of Indian tribal governments'';
       (ii) in paragraph (6), by striking ``and'' at the end;
       (iii) in paragraph (7), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(8) provide legal assistance necessary to provide 
     effective aid to victims of domestic violence, dating 
     violence, stalking, or sexual assault who are seeking relief 
     in legal matters arising as a consequence of that abuse or 
     violence, at minimal or no cost to the victims.''; and
       (B) by striking subsection (c).
       (4) Tribal deputy responsibilities.--Section 2016(b)(1)(I) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (as 
     redesignated by paragraph (1)(B)) is amended by inserting 
     after ``technical assistance'' the following: ``that is 
     developed and provided by entities having expertise in tribal 
     law, customary practices, and Federal Indian law''.
       (5) Grants to encourage arrest policies and enforcement of 
     protection orders.--Section 2101 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended by 
     striking subsection (e) and inserting the following:
       ``(e) Allotment for Indian Tribes.--
       ``(1) In general.--Not less than 10 percent of the total 
     amount available under this section for each fiscal year 
     shall be available for grants under the program authorized by 
     section 2015.
       ``(2) Applicability of part.--The requirements of this part 
     shall not apply to funds allocated for the program described 
     in paragraph (1).''.
       (b) Rural Domestic Violence.--
       (1) In general.--Section 40295(d) of the Safe Homes for 
     Women Act of 1994 (42 U.S.C. 13971(d)), as amended by section 
     306 of the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005, is amended by striking paragraph 
     (1) and inserting the following:
       ``(1) Allotment for indian tribes.--
       ``(A) In general.--Not less than 10 percent of the total 
     amount available under this section for each fiscal year 
     shall be available for grants under the program authorized by 
     section 2015 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796gg-10).
       ``(B) Applicability of part.--The requirements of this 
     section shall not apply to funds allocated for the program 
     described in subparagraph (A).''.
       (2) Conforming amendment.--Section 906 of the Violence 
     Against Women and Department of Justice Reauthorization Act 
     of 2005 is amended by--
       (A) striking subsection (d); and
       (B) redesignating subsections (e) through (g) as 
     subsections (d) through (f), respectively.
       (c) Violence Against Women Act of 1994.--
       (1) Transitional housing assistance.--Section 40299(g) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13975(g)), 
     as amended by sections 602 and 906 of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005, 
     is amended--
       (A) in paragraph (3)(C), by striking clause (i) and 
     inserting the following:
       ``(i) Indian tribes.--

       ``(I) In general.--Not less than 10 percent of the total 
     amount available under this section for each fiscal year 
     shall be available for grants under the program authorized by 
     section 2015 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796gg-10).
       ``(II) Applicability of part.--The requirements of this 
     section shall not apply to funds allocated for the program 
     described in subclause (I).''; and

       (B) by striking paragraph (4).
       (2) Court training and improvements.--Section 41006 of the 
     Violence Against Women Act of 1994 (42 U.S.C. 14043a-3), as 
     added by section 105 of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005, is amended 
     by striking subsection (c) and inserting the following:
       ``(c) Set Aside.--
       ``(1) In general.--Not less than 10 percent of the total 
     amount available under this section for each fiscal year 
     shall be available for grants under the program authorized by 
     section 2015 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796gg-10).
       ``(2) Applicability of part.--The requirements of this 
     section shall not apply to funds allocated for the program 
     described in paragraph (1).''.
       (d) Violence Against Women Act of 2000.--
       (1) Legal assistance for victims.--Section 1201(f) of the 
     Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6(f)), 
     as amended by sections 103 and 906 of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005, 
     is amended--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``10 percent'' and 
     inserting ``3 percent'';
       (ii) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (iii) by inserting after subparagraph (A) the following:
       ``(B) Tribal government program.--
       ``(i) In general.--Not less than 7 percent of the total 
     amount available under this section for each fiscal year 
     shall be available for grants under the program authorized by 
     section 2015 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796gg-10).
       ``(ii) Applicability of part.--The requirements of this 
     section shall not apply to funds allocated for the program 
     described in clause (i).''; and
       (B) by striking paragraph (4).
       (2) Safe havens for children.--Section 1301 of the Violence 
     Against Women Act of 2000 (42 U.S.C. 10420), as amended by 
     sections 906 and 306 of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005, is 
     amended--
       (A) in subsection (e)(2)--
       (i) by striking subparagraph (A); and
       (ii) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; and
       (B) by striking subsection (f) and inserting the following:
       ``(f) Allotment for Indian Tribes.--
       ``(1) In general.--Not less than 10 percent of the total 
     amount available under this section for each fiscal year 
     shall be available for grants under the program authorized by 
     section 2015 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796gg-10).
       ``(2) Applicability of part.--The requirements of this 
     section shall not apply to funds allocated for the program 
     described in paragraph (1).''.

     SEC. 8. TITLE XI--DEPARTMENT OF JUSTICE.

       (a) Organized Retail Theft.--Section 1105(a)(3) of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (28 U.S.C. 509 note) is amended 
     by striking ``The Attorney General through the Bureau of 
     Justice Assistance in the Office of Justice may'' and 
     inserting ``The Director of the Bureau of Justice Assistance 
     of the Office of Justice Programs may''.
       (b) Formulas and Reporting.--Sections 1134 and 1135 of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 
     3108), and the amendments made by such sections, are 
     repealed.
       (c) Grants for Young Witness Assistance.--Section 1136(a) 
     of the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (42 U.S.C.

[[Page 15033]]

     3743(a)) is amended by striking ``The Attorney General, 
     acting through the Bureau of Justice Assistance, may'' and 
     inserting ``The Director of the Bureau of Justice Assistance 
     of the Office of Justice Programs may''.
       (d) Use of Federal Training Facilities.--Section 1173 of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (28 U.S.C. 530c note) is 
     amended--
       (1) in subsection (a), by inserting ``or for meals, 
     lodging, or other expenses related to such internal training 
     or conference meeting'' before the period; and
       (2) in subsection (b), by striking ``that requires specific 
     authorization'' and inserting ``authorized''.
       (e) Office of Audit, Assessment, and Management.--Part A of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3711 et seq.) is amended by redesignating the 
     section 105 titled ``OFFICE OF AUDIT, ASSESSMENT, AND 
     MANAGEMENT'' as section 109 and transferring such section to 
     the end of such part A.
       (f) Community Capacity Development Office.--Section 106 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3712e) is amended by striking ``section 105(b)'' each 
     place such term appears and inserting ``section 103(b)''.
       (g) Availability of Funds.--Section 108(b) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3712g(b)) is amended by striking ``revert to the Treasury'' 
     and inserting ``be deobligated''.
       (h) Deletion of Duplicative Reference to Tribal 
     Governments.--Section 501(b) of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3751(b) is amended--
       (1) in paragraph (1), by inserting ``or'' after the 
     semicolon;
       (2) in paragraph (2), by striking ``; or'' and inserting a 
     period; and
       (3) by striking paragraph (3).
       (i) Applications for Byrne Grants.--Section 502 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3752) is amended in the matter preceding paragraph (1), by 
     striking ``90 days'' and inserting ``120 days''.
       (j) Matching Grant Program for School Security.--Part AA of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3797a et seq.) is amended--
       (1) in section 2701(a), by striking ``The Attorney General, 
     acting through the Office of Community Oriented Policing 
     Services,'' and inserting ``The Director of the Office of 
     Community Oriented Policing Services (in this section 
     referred to as the `Director')''; and
       (2) by striking ``Attorney General'' each place such term 
     appears and inserting ``Director''.
       (k) Funding.--Section 1101 of the Violence Against Women 
     and Department of Justice Reauthorization Act of 2005 (Public 
     Law 109-162) is amended--
       (1) in paragraph (8), by striking ``$800,255,000'' and 
     inserting ``$809,372,000'';
       (2) in paragraph (11), by striking ``$923,613,000'' and 
     inserting ``$935,817,000'';
       (3) in paragraph (12), by striking ``$8,000,000'' and 
     inserting ``$10,000,000''; and
       (4) in paragraph (14), by striking ``$1,270,000'' and 
     inserting ``$1,303,000''.
       (l) Drug Courts Technical Assistance and Training.--Section 
     2957(b) of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3797u-6(b)) is amended by striking 
     ``Community Capacity Development Office'' each place such 
     term appears and inserting ``Bureau of Justice Assistance''.
       (m) Aimee's Law.--Section 2001(e)(1) of division C of 
     Public Law 106-386 (42 U.S.C. 13713(e)(1)) is amended by 
     striking ``section 506 of the Omnibus Crime Control and Safe 
     Streets Act of 1968'' and inserting ``section 505 of the 
     Omnibus Crime Control and Safe Streets Act of 1968''.
       (n) Effective Dates.--
       (1) Office of weed and feed strategies.--Section 1121(c) of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (42 U.S.C. 3712a note) is amended 
     by striking ``90 days after the date of the enactment of this 
     Act'' and inserting ``with respect to appropriations for 
     fiscal year 2007 and for each fiscal year thereafter''.
       (2) Substance abuse treatment.--
       (A) In general.--Chapter 4 of subtitle B of title XI of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162; 3110) is 
     amended by adding at the end the following:

     ``SEC. 1147. EFFECTIVE DATE.

       ``The amendments made by sections 1144 and 1145 shall take 
     effect on October 1, 2006.''.
       (B) Conforming amendment.--The table of contents in section 
     2 of the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 106-162; 119 Stat. 
     2960) is amended by inserting after the item relating to 
     section 1146 the following:

``Sec. 1147. Effective date.''.

       (3) Office of audit, assessment, and management.--Section 
     1158(b) of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (42 U.S.C. 3712d note) is 
     amended to read as follows:
       ``(b) Effective Date.--
       ``(1) In general.--Except as provided in paragraph (2), 
     section 109 of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3712d) shall take effect on April 5, 2006.
       ``(2) Certain provisions.--Subsections (c), (d), and (e) of 
     section 109 of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3712d) shall take effect on October 1, 
     2006.''.
       (4) Office of applied law enforcement technology.--
       (A) In general.--Section 1160(b) of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (42 U.S.C. 3712f note) is amended by striking ``90 days after 
     the date of the enactment of this Act'' and inserting ``on 
     October 1, 2006''.
       (B) Availability of funds.--Section 1161(b) of the Violence 
     Against Women and Department of Justice Reauthorization Act 
     of 2005 (42 U.S.C. 3712g note) is amended by striking ``90 
     days after the date of the enactment of this Act'' and 
     inserting ``on October 1, 2006''.
       (5) Evidence-based approaches.--Section 1168 of the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 
     3122) is amended--
       (A) by striking ``Section 1802'' and inserting the 
     following:
       ``(a) In General.--Section 1802''; and
       (B) by adding at the end the following:
       ``(b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2006.''.
       (6) State criminal alien assistance program.--Section 1196 
     of the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 
     3130) is amended by adding at the end the following:
       ``(d) Effective Date.--The amendments made by subsections 
     (a) and (b) shall take effect on October 1, 2006.''.
  Mr. LEAHY. Mr. President, I am pleased that the Senate will pass a 
bill providing needed corrections to the Violence Against Women Act, 
VAWA, and the Department of Justice authorization bill we passed last 
year.
  Among the improvements made in the amendment, the changes ensure that 
the VAWA public housing provisions allow a landlord to bifurcate a 
lease to evict an abuser while allowing a cosigning lessee as well as 
an authorized resident to remain as tenants. The bill also makes 
technical improvements in the administration of STOP grants and the 
Campus Grant Program. The bill improves the administration of grants to 
tribal governments and ensures that the 10-percent designation of VAWA 
grants to Indian tribes applies throughout all sections of the law.
  I commend the efforts of all those who worked hard to improve this 
important law, and I am glad to support the improvements in this 
amendment that will sustain this law as a vital tool in our efforts to 
put an end to domestic violence.
  In the last 25 years I believe that we have only been successful 
twice in passing authorization bills for the Department of Justice. I 
was pleased to be involved in both of them, working with Chairman 
Sensenbrenner and the Republican leader on the Senate Judiciary 
Committee at the time. This bill improves the most recent authorization 
we considered and passed in a bipartisan manner.

                          ____________________




          MILITARY PERSONNEL FINANCIAL SERVICES PROTECTION ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 518, S. 418.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 418) to protect members of the Armed Forces from 
     unscrupulous practices regarding sales of insurance, 
     financial, and investment products.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Banking, Housing, and 
Urban Affairs, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Military 
     Personnel Financial Services Protection Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.
Sec. 4. Prohibition on future sales of periodic payment plans.
Sec. 5. Required disclosures regarding offers or sales of securities on 
              military installations.

[[Page 15034]]

Sec. 6. Method of maintaining broker and dealer registration, 
              disciplinary, and other data.
Sec. 7. Filing depositories for investment advisers.
Sec. 8. State insurance and securities jurisdiction on military 
              installations.
Sec. 9. Required development of military personnel protection standards 
              regarding insurance sales.
Sec. 10. Required disclosures regarding life insurance products.
Sec. 11. Improving life insurance product standards.
Sec. 12. Required reporting of disciplinary actions.
Sec. 13. Reporting barred persons selling insurance or securities.
Sec. 14. Study and reports by Inspector General of the Department of 
              Defense.

     SEC. 2. CONGRESSIONAL FINDINGS.

       Congress finds that--
       (1) members of the Armed Forces perform great sacrifices in 
     protecting our Nation in the War on Terror;
       (2) the brave men and women in uniform deserve to be 
     offered first-rate financial products in order to provide for 
     their families and to save and invest for retirement;
       (3) members of the Armed Forces are being offered high-cost 
     securities and life insurance products by some financial 
     services companies engaging in abusive and misleading sales 
     practices;
       (4) one securities product offered to service members, 
     known as the ``mutual fund contractual plan'', largely 
     disappeared from the civilian market in the 1980s, due to 
     excessive sales charges;
       (5) with respect to a mutual fund contractual plan, a 50 
     percent sales commission is assessed against the first year 
     of contributions, despite an average commission on other 
     securities products of less than 6 percent on each sale;
       (6) excessive sales charges allow abusive and misleading 
     sales practices in connection with mutual fund contractual 
     plan;
       (7) certain life insurance products being offered to 
     members of the Armed Forces are improperly marketed as 
     investment products, providing minimal death benefits in 
     exchange for excessive premiums that are front-loaded in the 
     first few years, making them entirely inappropriate for most 
     military personnel; and
       (8) the need for regulation of the marketing and sale of 
     securities and life insurance products on military bases 
     necessitates Congressional action.

     SEC. 3. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Life insurance product.--
       (A) In general.--The term ``life insurance product'' means 
     any product, including individual and group life insurance, 
     funding agreements, and annuities, that provides insurance 
     for which the probabilities of the duration of human life or 
     the rate of mortality are an element or condition of 
     insurance.
       (B) Included insurance.--The term ``life insurance 
     product'' includes the granting of--
       (i) endowment benefits;
       (ii) additional benefits in the event of death by accident 
     or accidental means;
       (iii) disability income benefits;
       (iv) additional disability benefits that operate to 
     safeguard the contract from lapse or to provide a special 
     surrender value, or special benefit in the event of total and 
     permanent disability;
       (v) benefits that provide payment or reimbursement for 
     long-term home health care, or long-term care in a nursing 
     home or other related facility;
       (vi) burial insurance; and
       (vii) optional modes of settlement or proceeds of life 
     insurance.
       (C) Exclusions.--Such term does not include workers 
     compensation insurance, medical indemnity health insurance, 
     or property and casualty insurance.
       (2) NAIC.--The term ``NAIC'' means the National Association 
     of Insurance Commissioners (or any successor thereto).

     SEC. 4. PROHIBITION ON FUTURE SALES OF PERIODIC PAYMENT 
                   PLANS.

       (a) Amendment.--Section 27 of the Investment Company Act of 
     1940 (15 U.S.C. 80a-27) is amended by adding at the end the 
     following new subsection:
       ``(j) Termination of Sales.--
       ``(1) Termination.--Effective 30 days after the date of 
     enactment of the Military Personnel Financial Services 
     Protection Act, it shall be unlawful, subject to subsection 
     (i)--
       ``(A) for any registered investment company to issue any 
     periodic payment plan certificate; or
       ``(B) for such company, or any depositor of or underwriter 
     for any such company, or any other person, to sell such a 
     certificate.
       ``(2) No invalidation of existing certificates.--Paragraph 
     (1) shall not be construed to alter, invalidate, or otherwise 
     affect any rights or obligations, including rights of 
     redemption, under any periodic payment plan certificate 
     issued and sold before 30 days after such date of 
     enactment.''.
       (b) Technical Amendment.--Section 27(i)(2)(B) of the 
     Investment Company Act of 1940 (15 U.S.C. 80a-27(i)(2)(B)) is 
     amended by striking ``section 26(e)'' each place that term 
     appears and inserting ``section 26(f)''.
       (c) Report on Refunds, Sales Practices, and Revenues From 
     Periodic Payment Plans.--Not later than 6 months after the 
     date of enactment of this Act, the Securities and Exchange 
     Commission shall submit to the Committee on Financial 
     Services of the House of Representatives and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate, a report 
     describing--
       (1) any measures taken by a broker or dealer registered 
     with the Securities and Exchange Commission pursuant to 
     section 15(b) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78o(b)) to voluntarily refund payments made by 
     military service members on any periodic payment plan 
     certificate, and the amounts of such refunds;
       (2) after such consultation with the Secretary of Defense, 
     as the Commission considers appropriate, the sales practices 
     of such brokers or dealers on military installations over the 
     5 years preceding the date of submission of the report and 
     any legislative or regulatory recommendations to improve such 
     practices; and
       (3) the revenues generated by such brokers or dealers in 
     the sales of periodic payment plan certificates over the 5 
     years preceding the date of submission of the report, and the 
     products marketed by such brokers or dealers to replace the 
     revenue generated from the sales of periodic payment plan 
     certificates prohibited under subsection (a).

     SEC. 5. REQUIRED DISCLOSURES REGARDING OFFERS OR SALES OF 
                   SECURITIES ON MILITARY INSTALLATIONS.

       Section 15A(b) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78o-3(b)) is amended by inserting immediately after 
     paragraph (13) the following:
       ``(14) The rules of the association include provisions 
     governing the sales, or offers of sales, of securities on the 
     premises of any military installation to any member of the 
     Armed Forces or a dependant thereof, which rules require--
       ``(A) the broker or dealer performing brokerage services to 
     clearly and conspicuously disclose to potential investors--
       ``(i) that the securities offered are not being offered or 
     provided by the broker or dealer on behalf of the Federal 
     Government, and that its offer is not sanctioned, 
     recommended, or encouraged by the Federal Government; and
       ``(ii) the identity of the registered broker-dealer 
     offering the securities;
       ``(B) such broker or dealer to perform an appropriate 
     suitability determination, including consideration of costs 
     and knowledge about securities, prior to making a 
     recommendation of a security to a member of the Armed Forces 
     or a dependant thereof; and
       ``(C) that no person receive any referral fee or incentive 
     compensation in connection with a sale or offer of sale of 
     securities, unless such person is an associated person of a 
     registered broker or dealer and is qualified pursuant to the 
     rules of a self-regulatory organization.''.

     SEC. 6. METHOD OF MAINTAINING BROKER AND DEALER REGISTRATION, 
                   DISCIPLINARY, AND OTHER DATA.

       Section 15A(i) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78o-3(i)) is amended to read as follows:
       ``(i) Obligation to Maintain Registration, Disciplinary, 
     and Other Data.--
       ``(1) Maintenance of system to respond to inquiries.--A 
     registered securities association shall--
       ``(A) establish and maintain a system for collecting and 
     retaining registration information;
       ``(B) establish and maintain a toll-free telephone listing, 
     and a readily accessible electronic or other process, to 
     receive and promptly respond to inquiries regarding--
       ``(i) registration information on its members and their 
     associated persons; and
       ``(ii) registration information on the members and their 
     associated persons of any registered national securities 
     exchange that uses the system described in subparagraph (A) 
     for the registration of its members and their associated 
     persons; and
       ``(C) adopt rules governing the process for making 
     inquiries and the type, scope, and presentation of 
     information to be provided in response to such inquiries in 
     consultation with any registered national securities exchange 
     providing information pursuant to subparagraph (B)(ii).
       ``(2) Recovery of costs.--A registered securities 
     association may charge persons making inquiries described in 
     paragraph (1)(B), other than individual investors, reasonable 
     fees for responses to such inquiries.
       ``(3) Process for disputed information.--Each registered 
     securities association shall adopt rules establishing an 
     administrative process for disputing the accuracy of 
     information provided in response to inquiries under this 
     subsection in consultation with any registered national 
     securities exchange providing information pursuant to 
     paragraph (1)(B)(ii).
       ``(4) Limitation on liability.--A registered securities 
     association, or an exchange reporting information to such an 
     association, shall not have any liability to any person for 
     any actions taken or omitted in good faith under this 
     subsection.
       ``(5) Definition.--For purposes of this subsection, the 
     term `registration information' means the information 
     reported in connection with the registration or licensing of 
     brokers and dealers and their associated persons, including 
     disciplinary actions, regulatory, judicial, and arbitration 
     proceedings, and other information required by law, or 
     exchange or association rule, and the source and status of 
     such information.''.

     SEC. 7. FILING DEPOSITORIES FOR INVESTMENT ADVISERS.

       (a) Investment Advisers.--Section 204 of the Investment 
     Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--

[[Page 15035]]

       (1) by striking ``Every investment'' and inserting the 
     following:
       ``(a) In General.--Every investment''; and
       (2) by adding at the end the following:
       ``(b) Filing Depositories.--The Commission may, by rule, 
     require an investment adviser--
       ``(1) to file with the Commission any fee, application, 
     report, or notice required to be filed by this title or the 
     rules issued under this title through any entity designated 
     by the Commission for that purpose; and
       ``(2) to pay the reasonable costs associated with such 
     filing and the establishment and maintenance of the systems 
     required by subsection (c).
       ``(c) Access to Disciplinary and Other Information.--
       ``(1) Maintenance of system to respond to inquiries.--
       ``(A) In general.--The Commission shall require the entity 
     designated by the Commission under subsection (b)(1) to 
     establish and maintain a toll-free telephone listing, or a 
     readily accessible electronic or other process, to receive 
     and promptly respond to inquiries regarding registration 
     information (including disciplinary actions, regulatory, 
     judicial, and arbitration proceedings, and other information 
     required by law or rule to be reported) involving investment 
     advisers and persons associated with investment advisers.
       ``(B) Applicability.--This subsection shall apply to any 
     investment adviser (and the persons associated with that 
     adviser), whether the investment adviser is registered with 
     the Commission under section 203 or regulated solely by a 
     State, as described in section 203A.
       ``(2) Recovery of costs.--An entity designated by the 
     Commission under subsection (b)(1) may charge persons making 
     inquiries, other than individual investors, reasonable fees 
     for responses to inquiries described in paragraph (1).
       ``(3) Limitation on liability.--An entity designated by the 
     Commission under subsection (b)(1) shall not have any 
     liability to any person for any actions taken or omitted in 
     good faith under this subsection.''.
       (b) Conforming Amendments.--
       (1) Investment advisers act of 1940.--Section 203A of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-3a) is 
     amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d).
       (2) National securities markets improvement act of 1996.--
     Section 306 of the National Securities Markets Improvement 
     Act of 1996 (15 U.S.C. 80b-10, note) is repealed.

     SEC. 8. STATE INSURANCE AND SECURITIES JURISDICTION ON 
                   MILITARY INSTALLATIONS.

       (a) Clarification of Jurisdiction.--Any provision of law, 
     regulation, or order of a State with respect to regulating 
     the business of insurance or securities shall apply to 
     insurance or securities activities conducted on Federal land 
     or facilities in the United States and abroad, including 
     military installations, except to the extent that such law, 
     regulation, or order--
       (1) directly conflicts with any applicable Federal law, 
     regulation, or authorized directive; or
       (2) would not apply if such activity were conducted on 
     State land.
       (b) Primary State Jurisdiction.--To the extent that 
     multiple State laws would otherwise apply pursuant to 
     subsection (a) to an insurance or securities activity of an 
     individual or entity on Federal land or facilities, the State 
     having the primary duty to regulate such activity and the 
     laws of which shall apply to such activity in the case of a 
     conflict shall be--
       (1) the State within which the Federal land or facility is 
     located; or
       (2) if the Federal land or facility is located outside of 
     the United States, the State in which--
       (A) in the case of an individual engaged in the business of 
     insurance, such individual has been issued a resident 
     license;
       (B) in the case of an entity engaged in the business of 
     insurance, such entity is domiciled;
       (C) in the case of an individual engaged in the offer or 
     sale (or both) of securities, such individual is registered 
     or required to be registered to do business or the person 
     solicited by such individual resides; or
       (D) in the case of an entity engaged in the offer or sale 
     (or both) of securities, such entity is registered or is 
     required to be registered to do business or the person 
     solicited by such entity resides.

     SEC. 9. REQUIRED DEVELOPMENT OF MILITARY PERSONNEL PROTECTION 
                   STANDARDS REGARDING INSURANCE SALES; 
                   ADMINISTRATIVE COORDINATION.

       (a) State Standards.--Congress intends that--
       (1) the States collectively work with the Secretary of 
     Defense to ensure implementation of appropriate standards to 
     protect members of the Armed Forces from dishonest and 
     predatory insurance sales practices while on a military 
     installation of the United States (including installations 
     located outside of the United States); and
       (2) each State identify its role in promoting the standards 
     described in paragraph (1) in a uniform manner, not later 
     than 12 months after the date of enactment of this Act.
       (b) State Report.--It is the sense of Congress that the 
     NAIC should, after consultation with the Secretary of Defense 
     and, not later than 12 months after the date of enactment of 
     this Act, conduct a study to determine the extent to which 
     the States have met the requirement of subsection (a), and 
     report the results of such study to the Committee on 
     Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate.
       (c) Administrative Coordination; Sense of Congress.--It is 
     the sense of the Congress that senior representatives of the 
     Secretary of Defense, the Securities and Exchange Commission, 
     and the NAIC should meet not less frequently than twice a 
     year to coordinate their activities to implement this Act and 
     monitor the enforcement of relevant regulations relating to 
     the sale of financial products on military installations of 
     the United States.

     SEC. 10. REQUIRED DISCLOSURES REGARDING LIFE INSURANCE 
                   PRODUCTS.

       (a) Requirement.--Except as provided in subsection (e), no 
     person may sell, or offer for sale, any life insurance 
     product to any member of the Armed Forces or a dependant 
     thereof on a military installation of the United States, 
     unless a disclosure in accordance with this section is 
     provided to such member or dependent at the time of the sale 
     or offer.
       (b) Disclosure.--A disclosure in accordance with this 
     section is a written disclosure that--
       (1) states that subsidized life insurance is available to 
     the member of the Armed Forces from the Federal Government 
     under the Servicemembers' Group Life Insurance program (also 
     referred to as ``SGLI''), under subchapter III of chapter 19 
     of title 38, United States Code;
       (2) states the amount of insurance coverage available under 
     the SGLI program, together with the costs to the member of 
     the Armed Forces for such coverage;
       (3) states that the life insurance product that is the 
     subject of the disclosure is not offered or provided by the 
     Federal Government, and that the Federal Government has in no 
     way sanctioned, recommended, or encouraged the sale of the 
     life insurance product being offered;
       (4) fully discloses any terms and circumstances under which 
     amounts accumulated in a savings fund or savings feature 
     under the life insurance product that is the subject of the 
     disclosure may be diverted to pay, or reduced to offset, 
     premiums due for continuation of coverage under such product;
       (5) states that no person has received any referral fee or 
     incentive compensation in connection with the offer or sale 
     of the life insurance product, unless such person is a 
     licensed agent of the person engaged in the business of 
     insurance that is issuing such product;
       (6) is made in plain and readily understandable language 
     and in a type font at least as large as the font used for the 
     majority of the solicitation material used with respect to or 
     relating to the life insurance product; and
       (7) with respect to a sale or solicitation on Federal land 
     or facilities located outside of the United States, lists the 
     address and phone number at which consumer complaints are 
     received by the State insurance commissioner for the State 
     having the primary jurisdiction and duty to regulate the sale 
     of such life insurance products pursuant to section 8.
       (c) Voidability.--The sale of a life insurance product in 
     violation of this section shall be voidable from its 
     inception, at the sole option of the member of the Armed 
     Forces, or dependent thereof, as applicable, to whom the 
     product was sold.
       (d) Enforcement.--If it is determined by a Federal or State 
     agency, or in a final court proceeding, that any person has 
     intentionally violated, or willfully disregarded the 
     provisions of, this section, in addition to any other penalty 
     under applicable Federal or State law, such person shall be 
     prohibited from further engaging in the business of insurance 
     with respect to employees of the Federal Government on 
     Federal land, except--
       (1) with respect to existing policies; and
       (2) to the extent required by the Federal Government 
     pursuant to previous commitments.
       (e) Exceptions.--This section shall not apply to any life 
     insurance product specifically contracted by or through the 
     Federal Government.

     SEC. 11. IMPROVING LIFE INSURANCE PRODUCT STANDARDS.

       (a) In General.--It is the sense of Congress that the NAIC 
     should, after consultation with the Secretary of Defense, and 
     not later than 6 months after the date of enactment of this 
     Act, conduct a study and submit a report to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives on--
       (1) ways of improving the quality of and sale of life 
     insurance products sold on military installations of the 
     United States, which may include--
       (A) limiting such sales authority to persons that are 
     certified as meeting appropriate best practices procedures; 
     and
       (B) creating standards for products specifically designed 
     to meet the particular needs of members of the Armed Forces, 
     regardless of the sales location; and
       (2) the extent to which life insurance products marketed to 
     members of the Armed Forces comply with otherwise applicable 
     provisions of State law.
       (b) Conditional GAO Report.--If the NAIC does not submit 
     the report as described in subsection (a), the Comptroller 
     General of the United States shall--
       (1) study any proposals that have been made to improve the 
     quality of and sale of life insurance products sold on 
     military installations of the United States; and
       (2) not later than 6 months after the expiration of the 
     period referred to in subsection (a), submit a report on such 
     proposals to the Committee on Banking, Housing, and Urban 
     Affairs

[[Page 15036]]

     of the Senate and the Committee on Financial Services of the 
     House of Representatives.

     SEC. 12. REQUIRED REPORTING OF DISCIPLINARY ACTIONS.

       (a) Reporting by Insurers.--Beginning 1 year after the date 
     of enactment of this Act, no insurer may enter into or renew 
     a contractual relationship with any other person that sells 
     or solicits the sale of any life insurance product on any 
     military installation of the United States, unless the 
     insurer has implemented a system to report to the State 
     insurance commissioner of the State of domicile of the 
     insurer and the State of residence of that other person--
       (1) any disciplinary action taken by any Federal or State 
     government entity with respect to sales or solicitations of 
     life insurance products on a military installation that the 
     insurer knows, or in the exercise of due diligence should 
     have known, to have been taken; and
       (2) any significant disciplinary action taken by the 
     insurer with respect to sales or solicitations of life 
     insurance products on a military installation of the United 
     States.
       (b) Reporting by States.--It is the sense of Congress that, 
     not later than 1 year after the date of enactment of this 
     Act, the States should collectively implement a system to--
       (1) receive reports of disciplinary actions taken against 
     persons that sell or solicit the sale of any life insurance 
     product on any military installation of the United States by 
     insurers or Federal or State government entities with respect 
     to such sales or solicitations; and
       (2) disseminate such information to all other States and to 
     the Secretary of Defense.
       (c) Definition.--As used in this section, the term 
     ``insurer'' means a person engaged in the business of 
     insurance.

     SEC. 13. REPORTING BARRED PERSONS SELLING INSURANCE OR 
                   SECURITIES.

       (a) Establishment.--The Secretary of Defense shall maintain 
     a list of the name, address, and other appropriate 
     information relating to persons engaged in the business of 
     securities or insurance that have been barred or otherwise 
     limited in any manner that is not generally applicable to all 
     such type of persons, from any or all military installations 
     of the United States, or that have engaged in any transaction 
     that is prohibited by this Act.
       (b) Notice and Access.--The Secretary of Defense shall 
     ensure that--
       (1) the appropriate Federal and State agencies responsible 
     for securities and insurance regulation are promptly notified 
     upon the inclusion in or removal from the list required by 
     subsection (a) of a person under the jurisdiction of one or 
     more of such agencies; and
       (2) the list is kept current and easily accessible--
       (A) for use by such agencies; and
       (B) for purposes of enforcing or considering any such bar 
     or limitation by the appropriate Federal personnel, including 
     commanders of military installations.
       (c) Regulations.--
       (1) In general.--The Secretary of Defense shall issue 
     regulations in accordance with this subsection to provide for 
     the establishment and maintenance of the list required by 
     this section, including appropriate due process 
     considerations.
       (2) Timing.--
       (A) Proposed regulations.--Not later than the expiration of 
     the 60-day period beginning on the date of enactment of this 
     Act, the Secretary of Defense shall prepare and submit to the 
     appropriate Committees of Congress a copy of the regulations 
     required by this subsection that are proposed to be published 
     for comment. The Secretary may not publish such regulations 
     for comment in the Federal Register until the expiration of 
     the 15-day period beginning on the date of such submission to 
     the appropriate Committees of Congress.
       (B) Final regulations.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate Committees of Congress a copy of 
     the regulations under this section to be published in final 
     form.
       (C) Effective date.--Final regulations under this paragraph 
     shall become effective 30 days after the date of their 
     submission to the appropriate Committees of Congress under 
     subparagraph (B).
       (d) Definition.--For purposes of this section, the term 
     ``appropriate Committees of Congress'' means--
       (1) the Committee on Financial Services and the Committee 
     on Armed Services of the House of Representatives; and
       (2) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Armed Services of the Senate.

     SEC. 14. STUDY AND REPORTS BY INSPECTOR GENERAL OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Study.--The Inspector General of the Department of 
     Defense shall conduct a study on the impact of Department of 
     Defense Instruction 1344.07 (as in effect on the date of 
     enactment of this Act) and the reforms included in this Act 
     on the quality and suitability of sales of securities and 
     insurance products marketed or otherwise offered to members 
     of the Armed Forces.
       (b) Reports.--Not later than 12 months after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Defense shall submit an initial report on the 
     results of the study conducted under subsection (a) to the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives, and shall submit followup reports to 
     those committees on December 31, 2008 and December 31, 2010.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to, the bill as amended be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 418), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________




                   ORDERS FOR THURSDAY, JULY 20, 2006

  Mr. McCONNELL. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it stand in adjournment until 9:30 
a.m., Thursday, July 20. I further ask that following the prayer and 
pledge, the morning hour be deemed expired, the Journal of proceedings 
be approved to date, the time for the two leaders be reserved, and the 
Senate proceed to H.R. 9, the Voting Rights Act, as under the previous 
order.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. McCONNELL. Mr. President, tomorrow, the Senate will consider the 
Voting Rights Act under a limited time agreement. There are 8 hours of 
debate, but we hope to yield back some of the time and vote in the 
afternoon tomorrow. We will also have votes on several circuit court 
and district court nominees, the Adam Walsh Child Protection and Safety 
Act, and under an agreement reached earlier this week, we will proceed 
to the consideration of S. 403, the Child Custody Protection Act. So 
Senators should plan for a full day tomorrow with a number of votes 
throughout the day.

                          ____________________




                         ORDER FOR ADJOURNMENT

  Mr. McCONNELL. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent that the Senate stand in 
adjournment under the previous order, following the remarks of Senator 
Harkin.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Iowa is recognized.

                          ____________________




                   STEM CELL RESEARCH ENHANCEMENT ACT

  Mr. HARKIN. Mr. President, a few hours ago, the President used his 
first ever veto in his 6 years of being in office to kill H.R. 810, the 
Stem Cell Research Enhancement Act, a bill that is supported by over 70 
percent of the American public, a bill that was supported by a 
bipartisan majority of the House, a bill that was supported by a 
bipartisan, big majority in the Senate--63 Members of the Senate, 
Republicans and Democrats, voted for it yesterday--and is supported by 
591 different patient advocacy groups, research institutions, 
universities, scientific organizations, biomedical research 
institutions--everything from Alzheimer's to Parkinson's to cancer, 
spinal cord injuries, you name it. This bill has almost been 
universally supported. Over 80 Nobel laureates support this bill. 
Virtually every reputable scientist in America supports this bill.
  I will mince no words about the President's action today. The veto he 
cast is a shameful display of cruelty, hypocrisy, and contempt for 
science. It is cruel because it denies hope to millions of Americans 
who suffer from Parkinson's and Alzheimer's, who have already received 
the death sentence of Lou Gehrig's disease, kids suffering from 
juvenile diabetes all over America, those suffering from cancer and 
spinal cord injuries, and many other diseases and injuries.
  The best scientists in the world, as I said, including many dozens of 
Nobel Prize winners and every Director at the National Institutes of 
Health say that embryonic stem cell research offers

[[Page 15037]]

enormous potential to cure these illnesses, to ease suffering, to make 
the lame walk again.
  H.R. 810 would have expanded Federal funding to pursue this research. 
But with the stroke of his pen today, the President vetoed this bill 
and dashed the hopes of millions of Americans.
  This veto displays hypocrisy because the President describes the 
research as immoral. He himself provided Federal funding for it. His 
press Secretary, Tony Snow, claimed yesterday that using leftover 
embryos, even those already slated to be discarded, is tantamount to 
murder. That is the word he used. Here is his own words. Mr. Snow said:

       The President believes strongly that for the purpose of 
     research, it is inappropriate for the Federal Government to 
     finance something that many people consider murder.

  Mr. Snow went on to say that the President is one of those people who 
consider the practice to be murder.
  This is a very bizarre statement. First, H.R. 810 would not allow 
Federal funding to be used to derive human embryos. That is already 
prohibited by existing law. And I couldn't believe my ears today when I 
heard the President say that H.R. 810--which passed with 63 Senate 
votes, and passed with the majority of the House--would overturn over 
10 years of Federal prohibitions against deriving embryos.
  I couldn't believe the President said that. The bill expressly does 
not do that. How could he say that? Either A, he did not read the bill; 
B, his assistants didn't read the bill; or C, he is purposely 
misleading the American public.
  We do not overturn what is called the so-called Dickey-Wicker 
amendment that prohibits Federal funds from deriving stem cells. That 
is existing law. Federal funding can only be used to conduct research 
on stem cell lines, not to derive them. That derivation has to be 
funded privately. The President himself has already supported that.
  What is even stranger and more bizarre and more hypocritical is that 
the President has already endorsed embryonic stem cell research. Under 
the policy that he announced 5 years ago, on August 9, 2001--I remember 
it well. I was in Iowa. I was listening to the radio, listening to his 
speech because this was an area of interest to me. Senator Specter and 
I had the first hearings in 1998, right after Doctors Gearhart and 
Thomson had derived the first human embryonic stem cells at the 
University of Wisconsin. That was in November of 1998. We commenced 
hearings after that, and when I was chairman I continued the hearings. 
So I was chairman of the committee at the time--and of the 
subcommittee--that funded these programs at the time, so I was 
listening to the President's speech.
  Under the policy that he announced nearly 5 years ago, he allowed 
Federal funding--get this--he allowed Federal funding for research on 
embryonic stem cell lines that were derived before 9 p.m, August 9, 
2001, but no Federal funding for any research on any lines derived 
after that date and time.
  So let's look at this. Here is the stem cell hypocrisy. The President 
of the United States--President Bush--said that all the stem cell lines 
derived before August 9, 2001, at 9 p.m.--is morally acceptable. If 
they are derived after 9 p.m. on August 9, 2001, they are morally 
unacceptable. Who drew this line, I ask? What right does the President 
of the United States have to say that something is moral before 9 p.m. 
and immoral afterward? I mean, what about the lines that were derived 
at 9:05 p.m. or 9:30 p.m? Why is that line there? It is because the 
President arbitrarily drew it.
  So I ask, if using discarded embryos to extract stem cells is murder, 
isn't it then immoral to allow Federal research on existing lines of 
embryonic stem cells, as the current administration policy permits? 
Murder is murder, Mr. President. So if you, Mr. President, are saying 
that it is all right for Federal funds to be used for research on stem 
cell lines derived before August 9, 2001, at 9 p.m., why is that any 
different from afterward? Why isn't it here murder and here it is not? 
And isn't it immoral to allow privately funded embryonic stem cell 
research to continue?
  Now, again, as we heard many times on the Senate floor over the last 
couple of days of debate, privately funded embryonic stem cell research 
goes on in the United States, but according to the President, this is 
murder. And if it is really murder to take left over human embryos and 
cause them to cease to be embryos, but to take the stem cells out, why 
isn't the President using his authority, his moral authority to shut 
down all the in vitro fertilization clinics in America?
  By his definition of murder, these clinics are institutions of mass 
murder because they routinely dispose of countless unwanted embryos. 
Virtually every time a couple goes to a fertility clinic, left over 
embryos are created. That is how the IVF--in vitro fertilization--
process, works. Eventually, after moms and dads have had their 
children, when they have had all the children they want, they either 
call the clinic or the clinic calls them--someone has to pay to keep 
these frozen, so the clinic may call and say: Well, we have all these 
embryos left over. Do you want to continue to pay to have them frozen?
  No, we don't want them anymore. You have our consent to discard them.
  Every day this happens. If that is murder, then how can the President 
permit it to continue? Where is his outrage? Where is his outrage at 
the IVF clinics in this country? Why isn't he here proposing 
legislation to shut down in vitro fertilization in this country, make 
it a crime, a Federal crime to conduct in vitro fertilization?
  In the President's narrow moral universe, it seems to be fine to 
destroy embryos--to throw them away as the byproduct of producing 
babies through IVF, but it is murder to use the embryos to conduct 
lifesaving research. Someone please explain the logic of that to me.
  One more time: In the President's narrow moral universe, to take 
these unwanted embryos that are left over from in vitro fertilization 
clinics, throw them away, flush them down the drain, that is OK. To 
take the same embryos, extract the stem cells, keep them alive, keep 
them growing, to perhaps discover something that will save someone's 
life, that is murder.
  I don't get it. Who gave the President the authority to draw that 
line? He may be the President of the United States, but he is not the 
moral authority for all Americans. I say, Mr. President, you are not 
our moral Ayatollah. You don't have that right, and you don't have that 
power. Oh, you can veto legislation. You can veto it. But you notice, 
when the President vetoed the bill today, he didn't veto it on the 
grounds it was unconstitutional. He did not veto it on the grounds it 
spent too much money. He did not veto it on any grounds that Congress 
exceeded its authority, none of the usual reasons that a President 
gives for vetoing a bill. He vetoed it because he said it is immoral, 
tantamount to murder.
  No. I am sorry. It is hypocrisy at the extreme for the President to 
take that position. As I said, if you take the lines before August 9 at 
9 p.m., it is OK; after August 9 at 9 p.m., it is not OK. No, you are 
not our moral Ayatollah, Mr. President. You may be our President, and I 
respect you for being the President of the United States. I respect the 
office. But I don't pay any respect to someone trying to dictate to me 
the moral authority of the President of the United States; that somehow 
you can define what is moral and what is immoral. Leave that to our 
religious leaders. Leave that to our theologians.
  Why isn't the President prosecuting the many thousands of American 
men and women who use these IVF clinics? If their attempts to have 
children result in leftover embryos and their embryos eventually get 
discarded, aren't they complicit in murder? Let's say a couple had in 
vitro fertilization; they wanted to have children. They finally have 
their children, and they say: We don't want the rest of those embryos, 
you can discard them--because they have to approve it. Are they 
complicit in murder?
  Under the President's narrow moral logic--I hate to call it logic--
under the

[[Page 15038]]

President's narrow moral view, any man or woman who allows their 
embryos to be discarded, something that happens every single day all 
over the country, is authorizing murder. Why is the President standing 
idly by? Why isn't he putting all these men and women in jail? I would 
have to warn him, though, there are over 50,000 babies born every year 
to couples via IVF. We are going to have to build a lot of jails if you 
are going to throw them all in jail for murder.
  As I have said, the President's veto is cruel for dashing the hopes 
of millions of Americans who suffer. It is hypocritical, as I pointed 
out here, because the President says it is OK in one moment but it is 
not OK here.
  I want to point out another thing the President gave misinformation 
about today. He said today that there were 22 lines, stem cell lines 
for research--from here on this chart. That is OK, you understand. That 
is morally OK because, according to the President, it was before 9 p.m. 
of August 9. I still don't understand that, but somehow that is morally 
OK. What he didn't tell you is that when he made this decision at 9 
p.m. on August 9, at that time he said there were 78 lines. Now he says 
there are 22.
  There is one other thing the President didn't say today and we all 
know is a scientific fact: Every single one of those stem cell lines is 
contaminated because they were all grown in Petri dishes with mouse 
cells to energize them and grow them--so they are all contaminated. 
They will not be used for human therapies. Many of those stem cell 
lines are sick. They are not viable. He didn't tell you that, either, 
did he? He didn't tell you that they are all contaminated with mouse 
cells. He didn't say that.
  As I have said, it is cruel, it is hypocritical, and his veto today 
shows a shocking contempt for science, a disdain for science. I don't 
know who the President's science teachers were when he was in school, 
but I will bet none of them are bragging about it.
  The President's political adviser, Karl Rove, told the Denver Post 
last week that researchers have found ``far more promise from adult 
stem cells than from embryonic stem cells.'' I hate to disagree with 
such a renowned biomedical expert as Karl Rove but, frankly, he does 
not know what he is talking about and his statement is absolutely, 
totally, irrevocably false.
  Here is what Dr. Michael Clarke of Stanford University said about Mr. 
Rove's claim: It is ``just not true.'' I will take Dr. Clarke's word 
over Mr. Rove's any day of the week. Dr. Clarke is the director of the 
Stanford stem cell institute, and he published the first study showing 
how adult stem cells replicate themselves. So here is an authority on 
adult stem cells basically saying what Karl Rove said is just not true. 
Yet Karl Rove says it.
  Dr. Stephen Teitelbaum also disagrees with Mr. Rove. Dr. Teitelbaum 
is a professor of pathology at the Washington University School of 
Medicine in St. Louis, a former President of the Federation of American 
Societies for Experimental Biology. I spoke with him on the phone 
yesterday. He said something that struck me, and I wrote it down. He 
said if people want to disagree on moral grounds, that is fine. If 
people want to have a certain moral view of something, that is their 
right in our society. But they don't have the right to buttress their 
claims with misinformation and falsehoods. In other words, the 
President and Mr. Rove are entitled to their own moral opinions, 
whatever they may be. However narrow they may be, they are entitled to 
them. But they are not entitled to mislead the public with 
misinformation and falsehoods. And that is what the President did 
today. That is what the President did today.
  The facts are that virtually every reputable scientist in this 
country believes in the promise of embryonic stem cell research to cure 
and treat diseases. It has the greatest potential to do so. By vetoing 
H.R. 810, the President is closing his heart and his mind to the facts, 
to the science, and to the strict ethical guidelines we put in the 
bill.
  By his veto today, the President has put himself in some very 
illustrious company down through history, people such as Cardinal 
Roberto Bellarmino, who told Galileo that it was heresy for him to 
claim that the Earth went around the Sun. Religious teaching at that 
time said that the Earth was the center of the universe and everything 
revolved around the Earth. We forget that Galileo was sentenced to life 
in prison.
  The President also puts himself in the company of people such as Pope 
Boniface VIII, who banned the practice of cadaver dissection in the 
1200s, and for 300 years it was banned. There was no dissection of 
cadavers until finally someone came along who decided to do it and 
discovered all of the different ways the muscles work in the body. Of 
course, now we know that cadaver dissection from donated cadavers has 
led us to all kinds of medical breakthroughs and the understanding of 
how the human body works. But here was a Pope who said: No, you can't 
do it. Just like the President today--no, you can't do it. So the 
President can take his place alongside Pope Boniface VIII.
  The President could also take his spot alongside people such as Rev. 
Edward Massey, who had this to say in 1722 in response to the new 
science of vaccination. Here is what Reverend Massey said:

       Diseases are sent by providence for the punishment of sin 
     and a proposed attempt to prevent them is a diabolical 
     operation.

  Imagine how many millions of lives would have been lost if the 
Reverend Massey's ignorance had prevailed, if a President of the United 
States had said: You know, Reverend Massey is right, we are not going 
to permit vaccinations. Think of it. President Bush, take your place 
right alongside him.
  I might add you don't even have to go back so far. The President has 
company in more recent times. Just a few decades ago, many religious 
people considered heart transplants to be immoral--heart transplants to 
be immoral. Others objected on moral grounds to the use of anesthesia 
during childbirth, saying that the Bible held that women were meant to 
suffer when delivering babies.
  Many people opposed in vitro fertilization, one of those being Dr. 
Leon Kass. Guess what he was. He was the head of this President's 
Bioethics Council. Years ago, he opposed in vitro fertilization. Do you 
get the picture? And the President made him the head of his Bioethics 
Council.
  I guess, Mr. President, you can take your place alongside Leon Kass, 
too. Tell all those wonderful families out there who have had babies 
through IVF, tell them that they were wrong, they should not have had 
them.
  In all of these cases, we look back with a sense of astonishment that 
people could be so blinded by a narrow view of religion or ideology 
that they could stand in the way of scientific progress that has saved 
lives, eased pain and made life better for so many people.
  Twenty or 30 years from now, history books will ask the same question 
about this President. People will wonder: How could he have objected to 
research that has led to so much good for so many people?
  Maybe not in my lifetime--I don't know how long God will give me here 
on Earth. But maybe these young people's lifetimes here, the pages, 
maybe in their lifetime through the embryonic stem cell research that 
is being done in Great Britain, Korea, Singapore, and other places 
around the world where a number of scientists--because they are 
handcuffed to do that research here--will find a way of taking 
embryonic pluripotent stem cells and finding how they make nerve cells. 
And guess what. Just as they have done with rats--we have seen the 
films of rats with their spinal cords severed, taking embryonic stem 
cells from other rats and putting them into these rats and watching 
them walk again. As my departed friend Christopher Reeve, the first 
Superman, said after that, ``Oh, to be a rat.''
  You all remember the tragedy of Christopher Reeve. He was paralyzed 
from the neck down. He fought so hard for embryonic stem cell research.
  It has been said that we are 99 percent rat. I don't mean just us 
politicians. I mean humans. And politicians, maybe more. I don't know. 
But it is

[[Page 15039]]

said of humans that we are basically 99 percent the same DNA as a rat. 
We can do it for rats. It is not hard to think that the same thing can 
be done for humans.
  It is going to happen in their lifetimes--the lifetimes of these 
young people here today. Somewhere, in Great Britain, somewhere, they 
can do this research and we will find out how to take these cells--
people like my nephew Kelly who hasn't walked for 27 years because of a 
spinal cord injury--and make it possible for people like him to walk 
again.
  People will say, What was this President thinking? Like Pope Boniface 
VIII, like Cardinal Bellarmino, like Reverend Massey--how could the 
President have objected to this ethical good research that has led to 
so much good for so many people?
  Let's be clear. Nothing could be more pro-life than signing this bill 
into law.
  We all know people--friends or family members--with ALS or 
Parkinson's or juvenile diabetes or a spinal cord injury. What could be 
more pro-life than using the scientific tools that God has given us to 
help heal them?
  White House spokesperson Tony Snow said yesterday, ``The President is 
not going to get on the slippery slope of taking something that is 
living and making it dead for the purpose of research.''
  Again, I want to emphasize a couple of things. We carefully crafted 
H.R. 810 to impose strict ethical standards on embryonic stem cell 
research. This bill would not allow Federal funds to be used to create 
or destroy human embryos. The only embryos we are talking about are 
those already slated for destruction in the clinics. It is right there 
in the bill. Let me read it:

       Prior to the consideration of embryo donation and through 
     consultation with the individuals seeking fertility 
     treatment, it was determined that the embryos would never be 
     implanted in a woman and would otherwise be discarded.

  It is right there in the bill.
  All we are saying is, instead of discarding some 400,000 embryos that 
are currently sitting frozen in storage, let us use some of them--as 
long as the donors give written informed consent--to help people who 
are suffering from diseases. I think it is this choice that is truly 
respectful of human life.
  Besides, the stem cells that come from those embryos don't die. That 
is the amazing thing about stem cells. They keep reproducing 
themselves. They just keep reproducing themselves. They will be more 
alive when used as treatment in research than if they were washed down 
a drain or sit in storage for another hundred years.
  Think about that. They talk about destroying these embryos. If you 
take an embryo from an IVF clinic and destroy it, wash it down the 
drain, that is the end of it. That really does destroy the embryo. That 
does kill it. That ends it.
  But if you take that embryo and take the stem cells out--talking 
about a blastocyst which has about 100 or 200 cells--take some of those 
cells out, those cells live. They are alive. They do not die. They 
live. They grow. They became tissue, nerve tissue, bone tissue, or 
maybe they became other things that we can use to help cure disease. 
They live. It seems to me that it is the pro-life position. Using 
research to improve people's lives is a true pro-life position.
  Once again, the President has staked out an extreme ideological 
position--a position that flies in the face of science and common 
sense. He refuses to listen to any other point of view, including the 
pleas of Nancy Reagan, Republican supporters of the bill, scientists 
all over America, and people at NIH.
  I was told that some Republican supporters of this bill requested an 
opportunity to talk with the President, and they were turned down. He 
didn't even want to talk to them.
  As I have said, President Bush's veto is cruel, hypocritical, and 
absolutely disdainful of science. But I guess most of all, it is just 
sad. It is just sad.
  On Monday and Tuesday, we had a great debate. On Tuesday we had a 
great bipartisan vote, 63 Senators, Republicans, Democrats, liberals, 
conservatives, pro-life, pro-choice, all came together to support life-
saving research. That was also supported by more than 70 percent of 
Americans. It was a huge debate for millions of Americans suffering 
from disease and paralysis who might be cured by this life-saving 
research.
  After the vote, I went upstairs. There was a young woman in a 
wheelchair. She must have been upstairs watching the vote. I didn't ask 
her name. She was using a wheelchair, and she said, ``Thank you--thank 
you for giving me hope.''
  Today, the President slammed the door. He took that hope away. How 
sad. How sad.
  The President insists that he knows better than the American people; 
he knows better than all of the scientists; he knows better than all 
the directors at the National Institutes of Health; he knows better 
than 63 Senators; he knows better than the majority of the House.
  So with one arrogant stroke of his pen, he dashed the bill, dashed 
the hopes of millions of Americans. He vetoed the hopes. It wasn't just 
a veto of the bill. He vetoed the hopes of millions of Americans living 
with Parkinson's, ALS, juvenile diabetes, and spinal cord injuries.
  Where is the President's compassion? How dare the President refer to 
himself as a compassionate conservative.
  I don't think you can get much more conservative than Senator Orrin 
Hatch, Senator Smith, Senator Lott, and a number of Senators here. I 
named them because they are cosponsors of the bill. You don't get much 
more conservative than that. Can you get much more conservative than 
Nancy Reagan? I don't think so. They were compassionate. They were 
truly compassionate.
  My message to my nephew Kelly who waited 27 years, my message to 
millions of others whose hopes were raised this week and then sadly 
crushed today, my message is this: The President's veto is not the 
final word. It may be this year because to get the agreement to bring 
up the bill we had to agree that we wouldn't bring it up again this 
year. So it is over for this year. Perhaps next year, when Senator 
Specter and I will reintroduce this bill along with others in January, 
we will have more Senators here. We will have more Senators who 
represent the true wishes of the American people, who understand the 
necessity for moving ahead on stem cell research.
  Maybe the voters this fall will speak about that. All those families 
who have someone with Parkinson's, Alzheimer's or juvenile diabetes, 
maybe they will say, Look, we need people in the Senate and in the 
House who will help us get over this veto.
  The President's veto is not the final word. Science is on our side. 
Ethics is on our side. There is an election in November. It will be 
known where every candidate, where he or she stands on embryonic stem 
cell research. We will introduce it again in January. We will be back. 
We will not go away. And just perhaps we will have a few more Senators 
and a few more Members of the House who want to do the ethical, right 
thing, and help cure disease and suffering with the potential of 
embryonic stem cell research.
  It is a sad day, a sad day, indeed. We will be back.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. HARKIN. Mr. President, I ask unanimous consent that if the 
majority leader or his designee introduces a bill related to energy 
during Thursday's session, it be in order to move to proceed to that 
legislation on Friday.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HARKIN. I yield the floor.

                          ____________________




                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  The PRESIDING OFFICER. Under the previous order, the Senate stands in 
adjournment until 9:30 a.m., Thursday, June 20, 2006.
  Thereupon, the Senate, at 7:41 p.m., adjourned until Thursday, June 
20, 2006, at 9:30 a.m.




[[Page 15040]]

           HOUSE OF REPRESENTATIVES--Wednesday, July 19, 2006

  The House met at 10 a.m. and was called to order by the Speaker pro 
tempore (Mrs. Miller of Michigan).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                                    July 19, 2006.
       I hereby appoint the Honorable Candice S. Miller to act as 
     Speaker pro tempore on this day.
                                                J. Dennis Hastert,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  Monsignor Robert Sheeran, President, Seton Hall University, South 
Orange, NJ, offered the following prayer:
  Lord God, bless America, our land and our people. Bless America, 
among the greatest of all human endeavors.
  Lord God, make America worthy of the dreams of our Founders. Worthy 
of the sacrifices of those who have gone before us and who have given 
their lives for us. Make America worthy of the calling and leadership 
that You place on our shoulders in this our generation.
  Let wisdom, goodness and generosity grow and take deeper root in our 
people and in this chosen body of representatives.
  This day, Lord, You have given to us as our day. These hours before 
us are ours, set before us to do good as You show us the good, and to 
avoid evil as You show us the way.
  May our work, in some small way, be part of Your work, never in vain 
and always to the glory of Your Holy Name. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House her approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Louisiana (Mr. 
Jindal) come forward and lead the House in the Pledge of Allegiance.
  Mr. JINDAL led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate has passed without amendment a bill of the House of the 
following title:

       H.R. 5117. An act to exempt persons with disabilities from 
     the prohibition against providing section 8 rental assistance 
     to college students.

                          ____________________




                   WELCOMING MONSIGNOR ROBERT SHEERAN

  (Mr. FERGUSON asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. FERGUSON. Madam Speaker, I would like to welcome Monsignor Robert 
Sheeran to the House floor and thank him for taking time to be our 
guest chaplain today. Monsignor Sheeran is joining us in part because 
Seton Hall University is celebrating its sesquicentennial this year. 
The celebration started last year on October 1, and for the past year 
Seton Hall University in South Orange, NJ, where Seton Hall is located, 
has been celebrating its 150th anniversary.
  New Jersey's largest Catholic university was founded in 1856 by 
Bishop James Roosevelt Bayley and named after the first American-born 
saint, Mother Elizabeth Ann Seton. Seton Hall is the oldest diocesan 
university in the United States.
  Monsignor Sheeran has a long history with Seton Hall University, 
receiving his bachelor's degree in classical languages, and, finding 
his way back to his alma mater in 1980, he served as rector of Saint 
Andrew's College Seminary. He was then appointed assistant provost of 
the university in 1987 and promoted to associate provost in 1991.
  After another short leave, he returned to Seton Hall to hold the 
position of executive vice chancellor in 1993, and 2 years later he was 
appointed to be president of Seton Hall University, and is still 
serving as president today.
  I am honored to welcome Monsignor Robert Sheeran to the United States 
House of Representatives. On behalf of the whole House, I congratulate 
him on Seton Hall's milestone.

                          ____________________




                   WELCOMING MONSIGNOR ROBERT SHEERAN

  (Mr. PAYNE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PAYNE. Madam Speaker, it gives me great pleasure to welcome to 
the United States House of Representatives today's guest chaplain, 
Monsignor Robert Sheeran, a friend and an innovative leader who serves 
as the 19th president of my alma mater, Seton Hall University, which 
happens to reside in my 10th Congressional District of New Jersey.
  After studying at Seton Hall as an undergraduate, Monsignor returned 
to the university in 1980 to serve as rector of St. Andrew's College 
Seminary. In 1987, Monsignor Sheeran was appointed assistant provost of 
the university. Under his leadership, the school saw a marked decrease 
in undergraduate attrition.
  After completing Harvard University's management development program 
in 1989 and being promoted to the assistant provost in 1991, he was 
selected as a fellow of the American Council on Education. Upon his 
return to Seton Hall, he was appointed executive vice chancellor, a 
post he held until his appointment as president 2 years later.
  Under Monsignor Sheeran's leadership, Seton Hall has moved forward 
technologically, with the distinction of being named one of the most 
connected college campuses in the United States by Forbes magazine. 
Under construction is a new science and technology center which will 
help train graduates to compete in the workforce of the future.
  In addition, the White House School of Diplomacy and International 
Relations has formed an innovative partnership with the United Nations, 
which is of special interest to me as a member of the House 
International Relations Committee and one of the two congressional 
delegates to the United Nations serving in the House.
  I hope that Seton Hall will play a constructive role in confronting 
the many foreign policy challenges our Nation faces. I know my 
colleagues join with me in welcoming Monsignor Sheeran and thanking him 
for his devoted service throughout his life.

                          ____________________




                 REDUCING EXPOSURE TO SECONDHAND SMOKE

  (Mr. MURPHY asked and was given permission to address the House for 1

[[Page 15041]]

minute and to revise and extend his remarks.)
  Mr. MURPHY. Madam Speaker, while this week we are discussing ways to 
treat disease with stem cells, let us not overlook what we should also 
be doing to prevent disease.
  Each year nearly 50,000 adult nonsmokers die from lung cancer or 
heart disease from secondhand smoke. A recent U.S. Surgeon General 
report found 60 percent of nonsmokers, about 126 million people, have 
biologic evidence of nicotine, carbon monoxide and tobacco-specific 
carcinogens in their systems from secondhand smoke.
  In adults, secondhand smoke can increase the risk of developing lung 
cancer and heart disease by up to 30 percent. And in children 
secondhand smoke leads to premature birth, asthma, respiratory illness 
and ear infections.
  Encouraging smoke-free workplaces will help to reduce $10 billion in 
annual medical costs. Offering deductions in health insurance, and 
smoking-cessation treatment are just a couple of ways that the Federal 
Government and employers can cut health care costs.
  To learn more about ways to save lives and money in health care, I 
urge my colleagues to visit my Web site at murphy.house.gov.

                          ____________________




                       THIS IS THE TIME FOR PEACE

  (Mr. KUCINICH asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. KUCINICH. Madam Speaker, the Book of Ecclesiastes says there is a 
time for war and a time for peace. This is the time for peace.
  Now is the time to stop the disintegration into a worldwide conflict. 
Now is the time to show the world that the United States is strong 
enough to be a leader in peace, not war. Now is the time to call for an 
immediate cessation of violence in the Middle East. Now is the time to 
commit the United States diplomats to multiparty negotiations with no 
preconditions. Now is the time to reaffirm our support for Israel by 
showing leadership and diplomacy.
  Unilateralism breeds unilateralism. And then the awful dialectic of 
conflict moves as a force beyond our control and takes its deadly toll. 
One hundred civilians a day are being killed in Iraq. Things are 
spinning out of control. The war on terror has become a war of errors. 
We must bring a halt to this march of folly.
  Communication is the controlling factor. Diplomacy is the controlling 
factor.
  There is a time for war and a time for peace. This is the time for 
peace.

                          ____________________




                  ISRAELI COWBOYS v. HEZBOLLAH OUTLAWS

  (Mr. POE asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. POE. Madam Speaker, what is playing out in southern Lebanon is 
analogous to the days of yesteryear in the Old West. It is the cowboys 
versus the outlaws.
  There is a basic human right to self-defense. There is a basic right 
to shoot back when shot at. You don't have to duck, run or hide. And 
there is a further right to keep on shooting back until the bad guys 
stop shooting.
  This is taking place in the gunfight with Hezbollah outlaws and 
Israeli cowboys, just like the Old West.
  Hezbollah, a fancy name for a gang of terrorists, are kidnappers and 
killers, and they are hiding out in the hills of southern Lebanon. They 
are a state within a state. They are spreading terror. That's what 
terrorists do. They started shooting at Israeli citizens, kids and 
soldiers, and they won't stop no matter what we do. The outlaws have 
fired 1,100 rounds, and they will shoot thousands more because they 
preach death to Israel.
  So, Madam Speaker, what's a cowboy to do? Well, shoot back and keep 
on shooting until the Hezbollah gang stops, gives up, or is rounded up 
and locked up.
  It is a basic human right to defend yourself and take out the 
outlaws. And that's just the way it is.

                          ____________________




                    REJECT OMAN FREE TRADE AGREEMENT

  (Ms. LINDA T. SANCHEZ of California asked and was given permission to 
address the House for 1 minute and to revise and extend her remarks.)
  Ms. LINDA T. SANCHEZ of California. Madam Speaker, I rise today in 
opposition to the Oman Free Trade Agreement. This deal is an expansion 
of a failed trade model that does not guarantee even the most basic 
labor standards, and it is simply unacceptable.
  We are talking about an agreement with a country that our own State 
Department says does not meet the minimum requirements for trafficking 
people into forced labor. Even more shocking, labor unions don't even 
exist in Oman. Instead, workers are supposed to be represented by 
committees that actually are run by management.
  In fact, Oman has only fixed one out of 10 areas where they are not 
compliant with the ILO. This is unacceptable.
  We cannot preach about spreading freedom and opportunity around the 
world while ignoring the lack of labor and human rights standards in 
our trade bills. I urge my colleagues to reject the Oman Free Trade 
Agreement.

                          ____________________




                   VENEZUELA AND OUR ENERGY SECURITY

  (Mr. STEARNS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. STEARNS. Madam Speaker, today more than ever our energy supply is 
a matter of national security. Venezuela is our fourth largest supplier 
of crude oil, but since the Castro ally Hugo Chavez came to power, 
production has dropped sharply. As Chavez purchases Russian arms and 
assembles a regional anti-American coalition, many predict that decline 
will continue.
  According to the Wall Street Journal, a GAO study found that a 6-
month disruption in Venezuelan output would increase oil prices by $11 
a barrel, costing our economy about $23 billion. Rather than respond to 
such a crisis after it arises, we should take the initiative to 
encourage exploration here at home, diversify our energy supplies by 
promoting alternatives, including nuclear power.
  Finally, since the lack of freedom and democracy is synonymous with 
instability, we should consider the promotion of these values in 
Venezuela not only a moral imperative, but in our national interest as 
well.

                          ____________________




                VOTE ``NO'' ON OMAN FREE TRADE AGREEMENT

  (Mr. MICHAUD asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. MICHAUD. Madam Speaker, if we are really serious about national 
security, especially given the bipartisan outrage over the Dubai Ports 
World situation earlier this year, we must reject the Oman Free Trade 
Agreement.
  The Oman agreement allows foreign tribunals to second-guess American 
decisions about who can operate our ports and dictate to us what is in 
our national security interest.
  Simply put, foreign tribunals should not determine what is a security 
threat to the United States. We should. This provision should not be in 
this trade agreement, period.
  It is bad enough that we are asked to support agreements that will 
ship our jobs overseas, that undermine our environment, and ask us to 
stick our head in the sand over serious human rights violations, but it 
is simply outrageous to ask Congress to support legislation that can 
undermine the security of our Nation.
  Whether you consider yourself a free trader or not, I cannot think of 
one Member of Congress who would support weakening our national 
security, and this agreement does that. I urge my colleagues to vote 
``no'' on the Oman Free Trade Agreement.

                          ____________________




                       VETO HUMAN EMBRYO RESEARCH

  (Mr. PENCE asked and was given permission to address the House for 1

[[Page 15042]]

minute and to revise and extend his remarks.)
  Mr. PENCE. Madam Speaker, President Ronald Reagan famously said, ``We 
cannot diminish the value of one category of human life, the unborn, 
without diminishing the value of all human life.''
  Yesterday the United States Senate passed a bill that authorizes the 
use of Federal tax dollars to fund the destruction of human embryos for 
scientific research.
  While supporters of the bill argue this debate is a battle between 
science and ideology, that really misses the point.
  If the Castle-DeGette bill returns to the Congress tonight, we will 
simply decide whether Congress should take the taxpayer dollars of 
millions of prolife Americans and use them to fund the destruction of 
human embryos for research.
  You see, I believe that life begins at conception; that a human 
embryo is human life. I believe it is morally wrong to create human 
life to destroy it for research, and I believe it is morally wrong to 
take the tax dollars of millions of prolife Americans who believe that 
life is sacred and use it to fund the destruction of human embryos for 
research.
  This debate then tonight will not be about what an embryo is. It will 
be about who we are as a Nation and whether we respect fully half of 
our country. On behalf of those millions of prolife Americans, Mr. 
President, veto this bill.

                          ____________________




                              {time}  1015
                            CONNECT THE DOTS

  (Mr. BLUMENAUER asked and was given permission to address the House 
for 1 minute.)
  Mr. BLUMENAUER. Madam Speaker, after 9/11 there were calls to connect 
the dots. And as we approach the first anniversary of Katrina, with 
wildfires raging across the West, it is time to connect the dots 
dealing with natural disaster.
  Former National Parks Director, Roger Kennedy, wrote an outstanding 
op-ed in the New York Times yesterday entitled `` Houses to Burn,'' and 
recently published a book `` Wildfires in America.'' He documents that 
we in government are part of this problem. We construct roads and 
infrastructure into hazardous areas. We don't have appropriate building 
codes, and often we don't even enforce the building codes that we have. 
We even build, as the Federal Government did, Los Alamos Research 
Laboratories in the midst of an area that has burned repeatedly decade 
after decade for centuries. And it is only going to get worse by sprawl 
and global warming.
  It is time for government at all levels to connect the dots, to 
reduce and ultimately protect Americans from wildfires and other 
natural disasters, to make our communities more livable and our 
families safer, healthier and more economically secure.

                          ____________________




                            BORDER SECURITY

  (Mrs. BLACKBURN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Mrs. BLACKBURN. Madam Speaker, when I am in my district there is one 
issue that tops all others with our constituents; it is the issue of 
border security.
  In this environment, Madam Speaker, every town has become a border 
town and every State has become a border State. And our constituents 
are sending the message, and they couldn't be clearer, secure our 
Nation's borders.
  I want to thank our House Republican leadership for standing up to 
the Senate and their Reid-Kennedy immigration reform bill, which would, 
among many other things, grant amnesty to those who break our laws in 
coming to this Nation.
  Madam Speaker, it is time to halt illegal entry into this country. It 
is time to halt the flow of illegal drugs and weapons into this great 
Nation, and it is time to secure our borders.
  I thank the Republican leadership for working on this issue, for 
standing firm. It is what the American people want to see done.

                          ____________________




                      EMBRYONIC STEM CELL RESEARCH

  (Mrs. CHRISTENSEN asked and was given permission to address the House 
for 1 minute.)
  Mrs. CHRISTENSEN. Madam Speaker, both Houses have passed legislation 
that would ensure funding for important research on embryonic stem 
cells and hold great promise of cures for diseases that have confounded 
scientists for years, diseases that have taken and continue to take 
many lives.
  Cord blood, while important, is only a small part of the answer. 
Adult stem cells is an unknown and too far into the future.
  Meanwhile, our loved ones continue to suffer and die.
  We in the Congressional Black Caucus Health Brain Trust work to 
improve the quality and length of life of minorities and all Americans. 
H.R. 810 becoming law is a critical part of that effort.
  A veto of this legislation would be conceding our country's moral 
leadership and leadership in medical science. A veto would put 
Americans at the mercy and largesse of other countries for our well-
being. A veto of this legislation would be a veto of the right of many 
to a cure, to wellness and to life itself.
  We have to stand up against the conservative fundamental ideologues 
of the right, and we must stand up for life, for this important 
research, embryonic stem cell research, which has the potential to give 
the gift of life to millions.
  I cannot believe the President would veto a bill like this, but if he 
does, we owe it to our country to override.

                          ____________________




                         ISRAEL'S SELF-DEFENSE

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Madam Speaker, on June 25, Hamas 
terrorists from Gaza carried out a cross-border attack into Israel, 
killing two soldiers and kidnapping a third. Shortly thereafter, 
Hezbollah terrorists from Lebanon attacked Israeli soldiers, killing 
three and capturing two. Just yesterday, Hezbollah fired missiles into 
Israel at a rate of one per minute for a full hour. Rather than using 
diplomacy to deescalate the situation, Iranian President Ahmadinejad 
falsely claimed Israel was trying to reoccupy Lebanon and, once again, 
denied the existence of the Holocaust.
  I agree with President Bush when he said yesterday ``The root cause 
of the problem is Hezbollah.'' President Bush further said that Israel 
has a right ``to defend herself from terrorist attacks.'' The kidnapped 
Israeli soldiers need to be released. Hamas and Hezbollah need to turn 
away from the current path of terror, violence and intimidation. We 
must stand with Israel in her fight against misguided religious 
extremism and those who glorify death over life. We must stand with 
Middle Eastern allies to establish peace.
  In conclusion, God bless our troops, and we will never forget 
September 11.

                          ____________________




                      EMBRYONIC STEM CELL RESEARCH

  (Mr. COOPER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. COOPER. Madam Speaker, virtually every family in America has been 
stricken with one dread disease or another. It may be cancer, it may be 
heart disease, it may be diabetes, Parkinson's, Alzheimer's. The list 
goes on and on. And finally, there are scientific breakthroughs called 
embryonic stem cell research that allow hope for a cure.
  Sadly, the President of the United States is about to veto the 
legislation that this Congress has finally passed to give these 
families hope. This is a sad day for America because the President has 
never vetoed any other bill. He is the first President since Thomas 
Jefferson to endorse all our legislation as

[[Page 15043]]

if it were perfect, except for this one bill, the bill that gives hope 
to virtually all American families.
  Why, Mr. President, are you vetoing hope for Parkinson's victims, 
vetoing hope for cancer victims, for diabetes victims, for Alzheimer's 
victims?
  Why, Mr. President are you, alone, standing in the way of hope and 
progress for our people?

                          ____________________




                             WAR ON TERROR

  (Ms. FOXX asked and was given permission to address the House for 1 
minute.)
  Ms. FOXX. Madam Speaker, there have been many reminders across the 
world recently of why we and the global community must maintain our 
commitment to fighting terror.
  From the 1-year anniversary of the horrific bombings in London to the 
upcoming 5-year anniversary of September 11, we are constantly reminded 
of why our resolve and perseverance are crucial. America has shown the 
world that a strong, vibrant Nation faced with adversity can come 
together, unlike any nation on Earth. America has distinguished itself 
as the shining beacon of democracy throughout the world. When attacked, 
and freedom is in danger, we have proven that freedom will prevail.
  Madam Speaker, I want to commend our troops for their sacrifice, 
their dedication and their bravery. They are freeing people from 
oppression so they may enjoy the same freedoms that Americans cherish. 
They are fighting a global war on terror, and they are winning

                          ____________________




               IN SUPPORT OF EMBRYONIC STEM CELL RESEARCH

  (Mr. GENE GREEN of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend his remarks.)
  Mr. GENE GREEN of Texas. Madam Speaker, yesterday the House of 
Representatives gave a victory to those hoping for cures for some of 
the most terrible illnesses of our time by defeating a fake bill on 
stem cell research.
  Today, it is back to the calendar. The only reason we are considering 
this bill is to give our colleagues political cover when the President 
vetoes the bill that will provide real hope for cures, the Castle-
DeGette embryonic stem cell legislation.
  Let's make one thing clear this morning. A Presidential veto of the 
Castle-DeGette stem cell research bill will slow, if not stall, the 
real hope for cures and slam the door of hope right in the face of 
millions of Americans suffering from scores of incurable diseases.
  The New Testament tells us that religious leaders in biblical times 
attacked Jesus for healing the sick on the Sabbath. We have religious 
leaders today who want to sit in judgment of today's healers.
  Each of us on the floor today has a friend or family member who could 
benefit from increased embryonic stem cell research, whether they 
suffer from spinal cord injury, Alzheimer's or juvenile diabetes.
  We must remember those who suffer and the compassion of the New 
Testament, not play political games with the hopes and prayers of the 
American people.

                          ____________________




                    EMBRYONIC STEM CELL LEGISLATION

  (Mr. McHENRY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. McHENRY. Madam Speaker, scientific discovery should never 
compromise our moral integrity. Embryonic stem cell research, which 
they call hope, which some call hope, destroys human life.
  What they do, in essence, is they create a new human life. They 
fertilize an embryo, the essence of life. Then they take that embryo 
and destroy it, the essence of human life. It is a destructive concept 
for our society. And government has no business funding research that 
creates life in order to destroy it. And at its essence, that is what 
embryonic stem cell research does. It is not progress. It is a 
breakdown in medical ethics, and government should not support it or 
endorse it.
  Additionally, embryonic stem cell research has not produced a single 
medical treatment, whereas ethical adult stem cell research has 
produced 27, at least, disease and condition recoveries for cerebral 
palsy and spinal cord injuries.
  We need to actually encourage human life, not destroy it. And I urge 
the President to veto this unethical research.

                          ____________________




                      EMBRYONIC STEM CELL RESEARCH

  (Mr. McGOVERN asked and was given permission to address the House for 
1 minute.)
  Mr. McGOVERN. Madam Speaker, President Bush has not vetoed a single 
bill, even though this Republican Congress has passed some really lousy 
legislation. It is amazing to me that he would choose his first veto on 
a bill that is critical to finding cures for cancer, Alzheimer's 
disease, Parkinson's disease, MS, and so many other diseases.
  H.R. 810, the Stem Cell Research Enhancement Act offers real hope, 
and the President should not veto it. Washington Republicans, worried 
that a veto of this important and popular bill will damage them 
politically, are also pushing two other bills.
  The American people will not be deceived. They know that H.R. 810 is 
the real deal, and that it deserves to become law.
  This week the American Medical Association and 92 other organizations 
sent out a letter stating, and I quote, ``Only H.R. 810 will move stem 
cell research forward in our country. This is the bill that holds 
promise for expanding medical breakthroughs. The other two bills are 
not substitutes for a `yes' vote on H.R. 810.'' They conclude by saying 
that H.R. 810 is the ``pro-patient and pro-research bill.''
  Madam Speaker, President Bush has a choice to make. He can act on 
behalf of his extreme right wing, or he can act on behalf of millions 
of Americans who are suffering from terrible diseases. I hope he makes 
the right choice.

                          ____________________




                         ISRAEL'S SELF-DEFENSE

  (Mr. JINDAL asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. JINDAL. Madam Speaker, I rise in strong support of Israel's right 
for self-defense. The killing of Israeli soldiers and the kidnapping of 
their soldiers by Hamas and other groups were unprovoked acts of war.
  Israel's response to these acts of war is designed to secure the 
release of its soldiers, end ongoing rocket strikes by terrorist groups 
and deter further attacks on its citizens.
  Israel is exerting its right to defend itself by carrying out 
operations, both inside Gaza and southern Lebanon.
  This strike took place following Israel's full withdrawal from 
Lebanon, a move that was applauded by the international community and 
fully certified by the U.N. Security Council.
  Hezbollah, since then, has launched dozens of unprovoked attacks 
since Israel withdrew from Lebanon, including the firing of hundreds of 
rockets and mortars at civilian areas and the kidnapping of a number of 
Israelis.
  During the past 6 months alone, nearly 1,000 short-range rockets have 
been fired into Israel landing on homes and in schools. An additional 
150,000 Israeli citizens and numerous strategic facilities are now 
within range of these missiles and their ability to reach Israel.
  Israel's actions are aimed at securing the release of its soldiers 
and degrading the abilities of Hamas and Hezbollah to threaten its 
citizens with ongoing barrages of rockets.
  Madam Speaker, that is why I ask the United States to stand at 
Israel's side as it defends itself.

[[Page 15044]]



                          ____________________




                              {time}  1030
         EMBRYONIC STEM CELL RESEARCH DESERVES FEDERAL FUNDING

  (Mr. CLAY asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. CLAY. Madam Speaker, I rise to urge my colleagues to reject the 
cynical attempt to politicize a critical health care issue that offers 
hope to millions of Americans, embryonic stem cell research. Last year 
a bipartisan coalition in this House voted for hope, and we should not 
abandon that today.
  In my State almost 1 million people suffer from chronic diseases like 
diabetes, cancer, Parkinson's disease, Alzheimer's, and spinal cord 
injuries, and I will not turn my back on them.
  Expanding Federal support for stem cell research is also vital to 
helping America maintain our leadership in medicine and the life 
sciences. And for minorities and lower-income Americans who suffer from 
higher rates of chronic diseases, embryonic stem cell research could 
unlock the secrets to closing the health care disparities gap.
  The American people support this research because they know that 
someone they love will be helped. We should not sacrifice that hope on 
the altar of partisan politics.

                          ____________________




                              THE ECONOMY

  (Mr. HENSARLING asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. HENSARLING. Madam Speaker, thanks to the tax relief passed by 
Republicans in Congress, our economy continues to roll, creating 5.4 
million jobs in just 2 years. And because our taxes have been lowered, 
Americans are working, saving, and investing even more.
  That means Republican progrowth tax policies have actually resulted 
in higher tax revenues, which in turn means that the budget deficit has 
now dropped from $423 billion to $296 billion.
  Madam Speaker, despite the opposition of the Democrats, the deficit 
is down, after-tax incomes are up, homeownership is at an all-time 
high, and more Americans are working today than ever before. In my 
district a worker in Mesquite is entering the workforce, a family in 
Jacksonville can better afford to send their daughter to college, a 
newlywed couple in Dallas can now put a down payment on a home, and a 
small business owner in Garland can hire three new workers.
  The numbers and stories reveal that tax relief is working and making 
the lives of Americans better. That is why we will continue to fight 
the Democrat agenda of excessive taxation, mind-numbing and senseless 
litigation that will only close down small businesses and hurt our 
jobs.

                          ____________________




     GOP MISGUIDED PRIORITIES ARE NOT HELPING MIDDLE-CLASS FAMILIES

  (Mr. BUTTERFIELD asked and was given permission to address the House 
for 1 minute.)
  Mr. BUTTERFIELD. Madam Speaker, House Republicans are ignoring the 
priorities of America's families. Once again they refuse to bring up 
one single bill that will help working families who are struggling to 
make ends meet.
  This morning I would like to offer my Republican colleagues a 
challenge: Name for me one bill that you have passed into law this year 
that has significantly helped middle-class Americans.
  The American people want a government that works for them, and right 
now under this House Republican majority, they are not getting it. 
Middle-class Americans are struggling. For 5 years their wages have 
remained stagnant, while everything else, housing and health care, 
energy costs, food, and college costs, has increased dramatically. If 
you factor in inflation, hourly wages are only .7 percent higher today 
than they were in 2001. Weekly wages are about the same.
  It is no wonder that a large majority of Americans are concerned 
about their futures. But House Republicans refuse to listen.
  Madam Speaker, America works best when we work together for the 
common good. It is time for a change in Washington.

                          ____________________




                       UNIVERSITY OF WEST GEORGIA

  (Mr. GINGREY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. GINGREY. Madam Speaker, I rise today to congratulate the 
University of West Georgia on its centennial anniversary. For the past 
100 years, West Georgia has been educating some of our State's 
brightest minds, and I know the school will continue providing 
educational excellence for many years to come.
  West Georgia's roots are humble. In 1906, it was founded as the 
Fourth District A&M School, a charter member of the university system 
of Georgia. In January 1908, the school opened its doors to students, 
enrolling 52 boarding pupils and 58 day pupils. Those first students 
would hardly recognize West Georgia today, home to more than 10,000 
pupils and over 100 programs of study.
  Yet despite the changes of the past 100 years, one thing has remained 
the same, and that is the dedication of the staff, faculty, students, 
and community. I want to congratulate university president Dr. Beheruz 
Sethna, the city of Carrollton, County of Carroll, and the entire West 
Georgia community on reaching this historic milestone.
  Madam Speaker, I ask that you join me in congratulating the 
University of West Georgia, and here is to another 100 years of 
educating Georgia's students.

                          ____________________




  WHILE REPUBLICANS DIVIDE AND DISTRACT, DEMOCRATS ARE UNITED ON NEW 
                         DIRECTION FOR AMERICA

  (Ms. CORRINE BROWN of Florida asked and was given permission to 
address the House for 1 minute and to revise and extend her remarks.)
  Ms. CORRINE BROWN of Florida. Madam Speaker, I whipped up my snake 
oil this morning. Snake oil, that is what every 2 years the Republicans 
whip out. Snake oil this week in Congress. That is, passing legislation 
that they know will never come into law.
  But Democrats are united in taking America in a new direction.
  This week marks the second anniversary of the release of the 9/11 
Commission recommendations. House Republicans have refused to institute 
their recommendations, receiving Ds and Fs from the 9/11 Commission on 
protecting the homeland.
  House Democrats want to make the recommendations into law as soon as 
possible. We want to secure the 25 million passengers who ride Amtrak 
each year, our neighborhoods, our ports, and our borders. Democrats 
want to ensure all Americans have access to good-paying jobs by raising 
the minimum wage and ending outsourcing. We want to make college more 
affordable.
  This time the American people will not be fooled. No more snake oil.
  We want to make college more affordable for middle class families by 
making some college tuition costs tax deductible, expanding Pell Grants 
and cutting interest costs on student loans in half.
  For too long, House Republicans have ignored the needs of hardworking 
middle class families. Their attempts to distract and divide won't 
work. The American people are ready for a change.

                          ____________________




   IN SUPPORT OF H.R. 810, STEM CELL RESEARCH ENHANCEMENT ACT OF 2005

  (Mrs. CAPPS asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Mrs. CAPPS. Madam Speaker, today is certainly a momentous day. 
President Bush is about to veto the first bill of his 6-year 
Presidency, and we will have the opportunity to override this veto and 
reaffirm the House of Representatives' support for lifesaving medical 
research.

[[Page 15045]]

  I take this moment to remind my colleagues of what H.R. 810 and stem 
cell research can do. Embryonic stem cells have the unique ability to 
become any other kind of bodily cell. These cells have the potential to 
help researchers find cures, that is right, cures, for diabetes, 
Alzheimer's, ALS, cancer, heart disease, Parkinson's, the list goes on.
  Under H.R. 810 these cells would be extracted from embryos that are 
already created for in vitro fertilization and are no longer needed. 
Use of these surplus embryos would only be done with the consent of the 
donor.
  I urge my colleagues to vote in favor of the override and put us on 
the path to saving lives.

                          ____________________




                  IT IS TIME TO RAISE THE MINIMUM WAGE

  (Mr. AL GREEN of Texas asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. AL GREEN of Texas. Madam Speaker, it is past time to raise the 
minimum wage. It was last raised in 1997. Currently, a person working 
full time at $5.15 an hour will make $10,712 per year. The poverty line 
is $13,461 for a family of two.
  We must raise the minimum wage. No one should work full time and 
stand in a welfare line. No one should work full time and live below 
the poverty line. People do not want welfare. People want self-care.
  It is time to raise the minimum wage.

                          ____________________




         IN HONOR OF SETON HALL UNIVERSITY'S 150TH ANNIVERSARY

  (Mr. ROTHMAN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. ROTHMAN. Madam Speaker, I rise today to congratulate Seton Hall 
University on its 150th anniversary and recognize the extraordinary 
contributions the university has made to my home State of New Jersey.
  As Seton Hall marks a century and a half of achievements, I join my 
fellow New Jerseyans in commending this esteemed university and its 
faculty, led by Monsignor Robert Sheeran.
  Seton Hall, located in South Orange, is New Jersey's largest Catholic 
university, and it was founded in 1856. Today, after 150 years, Seton 
Hall has become both a pillar of academic life in New Jersey and an 
invaluable member of the South Orange community.
  I proudly join the residents of the Ninth District of New Jersey in 
congratulating the students, faculty, and administration of Seton Hall 
University and wishing them a happy 150th anniversary.

                          ____________________




PHARMACEUTICAL COMPANIES BRINGING IN RECORD PROFITS FROM MEDICARE PART 
                                 D PLAN

  (Mr. PALLONE asked and was given permission to address the House for 
1 minute.)
  Mr. PALLONE. Madam Speaker, the American taxpayer is being ripped off 
by the Republican prescription drug law. Any Republican who wants to 
dispute this fact should take a look at yesterday's New York Times. 
Under the headline ``A Windfall from Shifts to Medicare,'' we have yet 
another example of how the pharmaceutical companies are reaping record 
profits while the American taxpayer is left holding the bill.
  Before the Republican law went into effect this year, more than 6.5 
million low-income Americans received help with their prescription drug 
bills through Medicaid. Under the Medicaid system, States could 
purchase the drugs at the lowest available prices. While this was good 
news for the taxpayer, it certainly cut into the profits of the 
pharmaceutical companies.
  So now those 6.5 million Americans have been moved into the 
Republican plan, and they are no longer receiving the lowest prices. 
And the higher costs, adding up to as much as $2 billion this year 
alone, will be passed on to the American taxpayer.
  And House Republicans still claim to be fiscal conservatives? House 
Republicans sold out to the pharmaceutical companies, and now the 
American taxpayers are paying the price.

                          ____________________




PROVIDING FOR CONSIDERATION OF H.R. 2389, PLEDGE PROTECTION ACT OF 2005

  Mr. GINGREY. Madam Speaker, by direction of the Committee on Rules, I 
call up House Resolution 920 and ask for its immediate consideration.
  The Clerk read the resolution, as follows

                              H. Res. 920

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2389) to amend title 28, United States Code, 
     with respect to the jurisdiction of Federal courts over 
     certain cases and controversies involving the Pledge of 
     Allegiance. The first reading of the bill shall be dispensed 
     with. All points of order against consideration of the bill 
     are waived. General debate shall be confined to the bill and 
     shall not exceed one hour equally divided and controlled by 
     the Majority Leader and Minority Leader or their designees. 
     After general debate the bill shall be considered for 
     amendment under the five-minute rule. The bill shall be 
     considered as read. Notwithstanding clause 11 of rule XVIII, 
     no amendment to the bill shall be in order except those 
     printed in the report of the Committee on Rules accompanying 
     this resolution. Each such amendment may be offered only in 
     the order printed in the report, may be offered only by a 
     Member designated in the report, shall be considered as read, 
     shall be debatable for the time specified in the report 
     equally divided and controlled by the proponent and an 
     opponent, shall not be subject to amendment, and shall not be 
     subject to a demand for division of the question in the House 
     or in the Committee of the Whole. All points of order against 
     such amendments are waived. At the conclusion of 
     consideration of the bill for amendment the Committee shall 
     rise and report the bill to the House with such amendments as 
     may have been adopted. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit with or without instructions.

  The SPEAKER pro tempore. The gentleman from Georgia (Mr. Gingrey) is 
recognized for 1 hour.
  Mr. GINGREY. Madam Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentleman from Florida (Mr. Hastings), 
pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.
  Madam Speaker, House Resolution 920 is a structured rule, and it 
provides 1 hour of general debate that is equally divided and 
controlled by the majority leader and minority leader or their 
designees. This resolution waives all points of order against 
consideration of the bill, and it makes in order only those amendments 
that are printed in the Rules Committee report accompanying the 
resolution. It provides that the amendments printed in the report may 
be offered only in the order printed in the report, may be offered only 
by a Member designated in the report, shall be considered as read, 
shall be debatable for the time specified in the report equally divided 
and controlled by the proponent and an opponent, shall not be subject 
to amendment, and shall not be subject to a demand for division of the 
question in the House or in the Committee of the Whole. Further, it 
waives all points of order against the amendments printed in the 
report, and it provides one motion to recommit with or without 
instructions.
  Madam Speaker, I rise today in support of House Resolution 920 and, 
of course, the underlying bill, H.R. 2389, the Pledge Protection Act of 
2005.

                              {time}  1045

  Madam Speaker, I would first like to take this opportunity to thank 
my friend and colleague from Missouri, Representative Todd Akin, the 
author and lead sponsor of the underlying bill. As an original 
cosponsor of H.R. 2389, I am glad to see that we will have the 
opportunity to set the record straight and defend our traditions 
against a few activist judges who would supplant the will of the people 
with their own personal agenda.

[[Page 15046]]

  Yesterday, this House had the opportunity to debate and vote on an 
amendment to the Constitution defining marriage as the union between 
one man and one woman. Unfortunately, the necessary two-thirds vote in 
support of the amendment simply was not there. While some may 
characterize yesterday's debate as an act of futility, I wholeheartedly 
disagree. Yesterday's vote put each and every Member of this House on 
record with their constituents and with the American people as to where 
they stand on defending our culture, on defending our values, against a 
few activist judges seeking to turn our society upside down.
  I make mention of this because I anticipate that the opponents of 
this underlying bill will attempt to make the same arguments against 
this bill as they did yesterday against the Marriage Protection Act. 
And, Madam Speaker, they were wrong yesterday, and they continue to be 
wrong today.
  The Pledge Protection Act, as well as the Marriage Protection Act, 
represents more than just the underlying issues of our Pledge of 
Allegiance or the traditional definition of marriage. These bills 
affirm that it is the American people, not a few activist judges, that 
have the right to create laws and establish the policies that will 
shape their lives.
  Now, I know that the opponents of this bill will also try to confuse 
and confound this debate by arguing that there are other more pressing 
things to consider and that this Congress has passed nothing of 
importance to the American people. Well, Madam Speaker, I have to ask 
myself, where were they? Where were these individuals when we passed 
H.R. 4297, that cut taxes and prevented tax increases for millions of 
Americans? Where were they when we passed lobbying reform out of this 
House with bipartisan support? Where were they when we passed out of 
this House comprehensive border security legislation? Where were they 
when we passed 10 of 11 appropriations bills that fund the operations 
of this government? Where were they when we passed legislation to 
increase oil production through domestic production and refinery 
capacity to bring down the price of gasoline?
  Madam Speaker, I could go on and on, but I believe I have made my 
point that this House has a proven track record of passing legislation 
important to the American people and their families, and the Pledge 
Protection Act simply builds upon that track record.
  H.R. 2389 will affirm the ability of Americans across this country to 
recite the Pledge of Allegiance anytime, anywhere, with or without the 
phrase ``one Nation under God.'' The point is, the individual will get 
to choose.
  Since the days of colonial America and the founding of this great 
Nation, the vast majority of our citizenry has celebrated and honored 
the role of Almighty God in shaping the history of this great land and 
defending her through many trials and tribulations and in lifting her 
up as a shining city on a hill.
  As our founders set forth in the Declaration of Independence, ``We 
hold these Truths to be self-evident, that all Men are created equal, 
that they are endowed by their Creator with certain unalienable Rights, 
that among these are Life, Liberty, and the Pursuit of Happiness.''
  Madam Speaker, the recognition of a higher authority above human law 
and above temporal law is fundamental to the establishment and 
preservation of our fundamental rights and liberties. Those who would 
divorce the recognition of a higher authority from the rights he 
secures are guilty of throwing the baby out with the bath water.
  If our fundamental rights come from human beings, then human beings 
can take them away. But because our rights are endowed to us by our 
creator, no man, no woman, no government can take them away. Therefore, 
we in this Congress have an obligation to uphold the ability of 
citizens across this great land to recite and pledge their allegiance 
to the flag of the United States of America, and to the Republic for 
which it stands, one Nation under God, indivisible, with liberty and 
justice for all.
  Madam Speaker, I reserve the balance of my time
  Mr. HASTINGS of Florida. Madam Speaker, I thank Dr. Gingrey for the 
time, and I yield myself such time as I may consume.
  Madam Speaker, I listened to Dr. Gingrey, and I have the misfortune 
of reading the paper every now and again. Dr. Gingrey, you are quoted 
as saying yesterday in the discussion with reference to banning gay 
marriage, the quote says, ``This is probably the best message we can 
give to the Middle East in regards to the trouble we are having over 
there right now.''
  I say to you, sir, that I find that very confusing in the sense that 
I don't understand how, with all of the things going on in this country 
and around the world, that gay marriage, yesterday, was the most 
important thing that we could contribute to the horror of what is going 
on in the Middle East.
  But I don't intend to use much of my time this morning, frankly. I 
really am embarrassed for the House of Representatives today. Why? 
Let's be clear about what the priorities are for the majority and what 
they are for the rest of the world.
  Today, the Federal minimum wage purchases less than it has at any 
point in the last 50 years. Let me repeat: The Federal minimum wage 
purchases less than it has at any point in the last 50 years. It hasn't 
been raised in 9 years, and today the House is going to spend its time 
protecting something that all of us say every morning in the House of 
Representatives, the Pledge of Allegiance.
  In the last year, 23 percent of all Americans say they or someone in 
their family have had to stop medical treatment because of the cost, 
and today the House will spend its time attempting to turn the 
independent judiciary into an echo chamber of the right wing of this 
particular majority.
  If today is anything like the typical day of the past 3 years, three 
American soldiers will die in Iraq or Afghanistan, the Taliban will get 
a little stronger in Afghanistan and the civil war will continue to be 
enhanced in Iraq. And the American people will watch their Congress do 
nothing, but listen to a bunch of demagogues who claim a crisis in the 
United States courts.
  The Middle East is literally going up in flames, as is California, 
and Katrina's problems haven't been solved, and Congress' response is 
to criticize Federal judges.
  Today in America, 110 people will be treated in an emergency room for 
their wounds from a handgun and there is an epidemic of violence with 
reference to handguns, particularly by our youth in this country. 1,500 
people will die of cancer today in America, and 1,900 people will die 
of heart disease. And the United States House of Representatives will 
speechify about patriotism.
  Let me tell you something, Madam Speaker: Patriots try to solve real 
problems and not seek out remedies to perceived problems. Yesterday in 
this country we had people die of hunger and malnutrition. In some 
parts of this country, the infant mortality rate rivals that of sub-
Saharan Africa. We have a public education system that ranks below that 
of almost any other Western nation. We have a looming Social Security 
crisis, and health care costs are spiraling out of control. And what do 
we do? Speechify about patriotism.
  These are some of the problems, just some of the problems, 
confronting the American people today. And what is the majority's 
response to this? Today we will make sure that the Pledge of Allegiance 
is safe from so-called activist judges.
  I could go on and on, but I have already taken more time than this 
deserves. Court-stripping bills such as this are, according to the 
Chief Justice of the United States of America, John Roberts, and let me 
quote the Chief Justice of America, they are bad policy.
  I hope the American people are paying attention to their priorities, 
the priorities of the Republican majority.
  Madam Speaker, I reserve the balance of my time.
  Mr. GINGREY. Madam Speaker, I yield myself 20 seconds.
  I just wanted to respond to my friend from Florida. I didn't see that 
quote. I

[[Page 15047]]

need to grab that newspaper that he was referring to. It sounds like I 
was either misquoted or my words were taken out of context.
  Yesterday I spoke several times, and I mainly was speaking about our 
value system as a great Nation. We were talking about values yesterday 
from my perspective and the image that we present to the rest of the 
world, and particularly at this time to the countries in the troubled 
Middle East. So I don't know what the exact quote was, but I just want 
to try to clarify that
  Madam Speaker, I am proud to yield 2 minutes to my colleague on the 
Committee on Rules, the gentlewoman from West Virginia (Mrs. Capito).
  Mrs. CAPITO. Madam Speaker, I would like to thank the gentleman from 
Georgia for yielding me time, and I rise in support of the rule and the 
underlying bill.
  I am a proud cosponsor of the Pledge Protection Act, and, like many 
of my West Virginia constituents, I am disappointed that this 
legislation is necessary.
  I was disappointed 4 years ago when two judges of the Ninth U.S. 
Circuit Court of Appeals ruled that our Pledge, our statement of shared 
national values, was somehow unconstitutional.
  I do not take legislation that removes an issue from the jurisdiction 
of this court system lightly. This legislation is appropriate, however, 
because of the egregious conduct of the courts in dealing with the 
Pledge of Allegiance. By striking ``under God'' from the Pledge, the 
Ninth Circuit has shown contempt for the Congress which approved the 
language, and, more importantly, shows a complete disregard for the 
millions of Americans who proudly recite the Pledge as a statement of 
our shared national values and aspirations.
  One of the many great things about living in a Nation under God, 
indivisible, with liberty and justice for all, is that no one is 
required to recite the Pledge if they disagree with its message.
  We are a Nation that respects minority opinions. Those who disagree 
with the Pledge have every right to attempt to convince others of their 
point of view and convince Congress to change it. That is how our 
system works. Instead, the Ninth Circuit would allow the opinion of one 
person who disagrees with the Pledge to override the opinions of tens 
of millions of Americans who want to express their belief that America 
is in fact one Nation under God.
  I am proud to stand with the vast majority of Americans and certainly 
the vast majority of West Virginians who support our Pledge of 
Allegiance the way that it is. We do not need Federal judges to dictate 
what our Pledge says. I hope my colleagues will join me and support the 
Pledge Protection Act.
  Mr. HASTINGS of Florida. Madam Speaker, I am very pleased at this 
time to yield 6 minutes to my good friend, the distinguished gentleman 
from Wisconsin (Mr. Obey), the ranking member of the Appropriations 
Committee.
  Mr. OBEY. Madam Speaker, I thank the gentleman for the time.
  Madam Speaker, for 9 years there has been no increase in the minimum 
wage. Meanwhile, CEOs of the largest corporations in this country have 
seen their pay rise to record heights, almost 200 times the size of the 
paycheck for an average worker in this country.
  For the last month, we on this side of the aisle have been trying to 
get the majority party to allow for a simple, straight up or down vote 
on increasing the minimum wage. We tried over a month ago to attach it 
to the appropriations bill for the Department of Labor, and we 
succeeded. When we did, the majority party decided they would not allow 
that bill to come forward because they didn't like the results.
  We are now told, if you read Congress Daily put out by the National 
Journal, we are now told that the Speaker of the House, Mr. Hastert, is 
against the minimum wage increase; we are told that the Majority Leader 
of the House, Mr. Boehner, is against the minimum wage increase. But 
they don't want to evidently face this issue up or down.

                              {time}  1100

  So the article in CQ this morning says, ``It is unlikely that GOP 
leaders would allow an up-or-down vote on a wage increase. Rather GOP 
aides say that if they craft a bill, it would likely include so-called 
sweeteners.''
  Madam Speaker, I am proud of the fact that on this side of the aisle, 
our Members do not have to be maneuvered and cajoled and enticed into 
voting for a minimum wage increase. I am pleased by the fact that on 
this side of the aisle, Members do not need sweeteners in order to do 
what is right on this issue.
  So we are trying today to attach the minimum wage increase to this 
bill. There are those on the other side of the aisle who will say that 
is inappropriate. Well, the previous speaker just recited part of the 
Pledge of Allegiance. When we stand on this House floor every day and 
take that pledge, we pledge to provide liberty and justice for all; not 
for most, not just for CEOs, not just to the wealthiest 1 percent of 
people in this country, but for all.
  This Congress has provided $50 billion in tax cuts this year for 
people who make $1 million or more a year, and yet it is steadfastly 
refusing, on the direction of the top Republican leadership of this 
House, it is steadfastly refusing to do anything at all on the wage 
front for people who live life on the underside.
  I think it is disgraceful for a Member of Congress, or for this 
Congress, to allow a pay raise for Members of Congress to go through at 
the same time that they are trying to block an increase in the minimum 
wage for the poorest people among us.
  We have 15 weeks between now and the election. Do you realize, Madam 
Speaker, that we are going to spend 4 of those weeks in town here, and 
11 weeks we are going to be spending back home campaigning for 
reelection? Meanwhile we will have taken no action to provide a 
Manhattan-like project on the energy front so that we are not stuck 
with $3 and $4 gasoline prices.
  This Congress will have taken no action to provide health care for 
every child in this country. It will have taken no action to guarantee 
that we provide as much protection for the average worker in a company 
as we do for the board of directors and the CEO if that company goes 
bankrupt. We are taking no action to make college more affordable for 
every family in this country. We are not doing any of that.
  Cannot we at least provide a minimal increase in the minimum wage for 
people who are living on life's edge? That is what we are asking you to 
do. I am amazed that we are told that we cannot do it.
  Oh, you have time to strip a court from jurisdiction, just like you 
had time to call the Congress back to stick your nose in the family 
affairs of the Terry Schiavo family, but you do not have time and you 
do not have the will to provide some decent economic help to people who 
need it more than virtually anybody else in this society.
  Shame on every one of you who will not move on this issue.
  Mr. GINGREY. Madam Speaker, I yield myself 1 minute just in response 
to the gentleman from Wisconsin.
  Madam Speaker, a couple of weeks ago on another rule that I was 
managing, this same issue was brought up, had really nothing do with 
the subject at hand, but was in regard to the minimum wage. I pointed 
out in a little colloquy with the gentleman from Wisconsin that I did 
not vote for that congressional pay raise, and he said that he did not 
either.
  I just want to point out, this gentleman from Georgia, to the 
gentleman from Wisconsin that this just once again proves that cheese 
and crackers occasionally go good together. So I do not disagree with 
the gentleman on that particular point.
  Madam Speaker, at this time, I yield 4 minutes to the author, the 
distinguished author, of this bill, the gentleman from Missouri (Mr. 
Akin).
  Mr. AKIN. Madam Speaker, I came here to discuss, I thought there 
would not be much discussion on the rule, because that is what we are 
supposed to be debating and discussing right now, the rule on the 
Pledge Protection Act.
  Instead, most of the discussion that seems to come from the other 
side is complaining about priorities. I did not

[[Page 15048]]

know that this is where we were going to complain about priorities. I 
suppose there are some connections.
  It seems that judging by the comments in the Rules Committee 
yesterday, that the Democrats have a very hard time understanding the 
importance of the Pledge or the words ``under God'' or even the first 
amendment, which is about free speech. They seem to consider that to be 
a rather minor thing, and that perhaps may fit in with their view of 
government.
  But I would recall that if you were to summarize what America stands 
for, we have always stood for the idea, the simple principle, that 
there is a God, even though we disagree as to who He might be, who 
gives basic inalienable rights to all people, and that it is the job of 
government to protect those rights.
  That is, in a sense, a formula that Americans have gone to war about 
through the ages. That is why we went to war with King George, that is 
why we fought the War of Independence, because we believed in that 
basic formula.
  The Democrats are saying now that formula is not very important, we 
should not give it time to discuss it or think about it. But if they 
spent a little more time thinking about it, they would realize that is 
why we are in the war against these radical Islamists, why we fight the 
war of terror, why our sons and daughters are overseas.
  The reason we fight is because these terrorists take away people's 
innocent lives and blow them up for political statements. We fight 
because these terrorists want to terrorize, to take away people's 
freedom. And the other side, the Democrats, want to cut and run from 
that fight. They would not want to cut and run if they understood the 
importance of those basic principles and that inalienable rights are 
impossible without a recognition of God, and that is why the Pledge 
bill is important and not irrelevant or trivial.
  And so while we hear all of these discussions about, oh, you are not 
doing this, you are not doing that, you are not doing the other thing, 
fortunately government can do more than one thing at a time. There are 
many people at work in government.
  The energy bill was brought up. I am surprised that the Democrats 
would mention the energy bill. It would be an embarrassment to me if I 
were a Democrat, and the Republicans had brought an energy bill on this 
floor in 2001, and it was killed by Democrats in the Senate. 2002, we 
brought an energy bill. That was killed by Democrats in the Senate. 
2003, we brought an energy bill. It was killed by the Democrats in the 
Senate. And 2004, the Democrats killed it again. Finally in 2005, we 
get an energy bill.
  If I were a Democrat, I would not be talking about energy prices 
after basically filibustering an energy bill for 5 years.
  Mr. HASTINGS of Florida. Madam Speaker, I yield myself such time as I 
may consume before yielding to the distinguished minority whip from 
Maryland, my very good friend, a Member of this body who works 
tirelessly, tirelessly to alleviate the squeeze on America's middle 
class.
  Madam Speaker, I would like to respond to my friend from Georgia who 
was responding to my friend from Wisconsin Mr. Obey when he says cheese 
and crackers go together. And the context, as I understand it, was that 
you did not vote for the pay raise.
  The question is, do you favor and can you push for the minimum wage? 
Cheese and crackers may very well go together, but they need to be 
washed down with milk or Coca-Cola. And the fact of the matter is 
people living on the minimum wage cannot buy cheese, crackers, Coca-
Cola or milk, and so somewhere along the line that needs to be 
understood
  Madam Speaker, I yield 3 minutes to the distinguished gentleman from 
Maryland (Mr. Hoyer), my good friend.
  Mr. HOYER. Madam Speaker, I thank the gentleman for yielding me time.
  The gentleman who just spoke previously on the other side of the 
aisle was wrong, and he misstates the position of the Democrat Party. 
Indeed, he misstates the need for this bill. There is no court case 
that is pending that has shunted this aside, of articulation of ``under 
God.'' In fact, the Supreme Court said the litigant did not have 
standing.
  Madam Speaker, I believe that our Pledge of Allegiance with its use 
of the phrase ``one Nation under God'' is entirely consistent with our 
Nation's cultural and historic traditions.
  I also believe that the United States District Court in Sacramento, 
in September of 2005, holding that use of this phrase is 
unconstitutional is wrong. I want the gentleman to hear me. I believe 
the decision was wrong.
  As a matter of fact, as the gentleman knows, 383 people on the floor 
of this House, overwhelming numbers of Democrats and Republicans, said 
it was wrong. The gentleman may recall that resolution.
  But this court-stripping bill is not necessary. In fact, the 
Department of Justice is seeking to overturn the district court's 
decision. For political reasons, the other side of the aisle does not 
want to allow the judicial procedure to continue as our Founding 
Fathers perceived it to be in the best interests of our Nation, a 
Nation of laws.
  Yet today with this radical court-stripping bill, our Republican 
friends completely overreact to this lone district court decision, 
which I believe is clearly likely to be overturned.
  This legislation would bar a Federal court, including the Supreme 
Court, from reviewing any claim that challenges the recitation of the 
Pledge on first amendment grounds. If we are a Nation of laws, we must 
be committed to allowing courts to decide what the law is.
  Let us be clear. This bill is unnecessary and, I believe, probably 
unconstitutional. It would contradict the principle of Marbury v. 
Madison, intrude on the principles of separation of powers, degrade our 
independent Federal judiciary, which, by the way, is a pattern of the 
majority party that is constantly wanting to undermine the judiciary. 
It is an end run.
  Furthermore, Madam Speaker, the House should not be spending its time 
today addressing a single Federal court decision that should be 
overturned on appeal. My goodness, how many bills we would have to have 
to disagree with every court opinion that comes down.
  What we should be doing, Madam Speaker, is taking up legislation 
providing a long overdue increase in the Federal minimum wage, which 
has stood at $5.15 per hour since 1997, the longest period of time that 
we have not raised the minimum wage since Ronald Reagan and George Bush 
were President of the United States, in which case it was a longer 
period of time.
  An estimated 6.6 million, indeed some estimate as many as 18 million 
people, are impacted by the minimum wage. Yes, we are raising this 
issue now because it is the right thing to do whenever you do it, in 
whatever forum you do it, at whatever time you do it. It is time that 
we take people working in America every day, playing by the rules, take 
them out of poverty. Let's do it now. Give us this opportunity. Give 
them a chance.
  Mr. GINGREY. Madam Speaker, I yield myself such time as I may 
consume.
  We have heard on both sides reference, of course, to our Founding 
Fathers in this debate. Madam Speaker, deep concern that Federal judges 
might abuse their power has long been noted by America's most gifted 
observers, including Thomas Jefferson and Abraham Lincoln.
  Thomas Jefferson lamented that, this is the quote, ``the germ of 
dissolution of our Federal Government is in the constitution of the 
Federal judiciary; . . . working like gravity by night and by day, 
gaining a little today and a little tomorrow, and advancing its 
noiseless step like a thief, over the field of jurisdiction, until all 
shall be usurped . . . ''
  In Jefferson's view, leaving the protection of individuals' rights to 
Federal judges employed for life was a serious error.
  Listen to what Abraham Lincoln said, Madam Speaker, in his first 
inaugural address in 1861. ``The candid citizen must confess that if 
the policy of the government upon vital questions

[[Page 15049]]

affecting the whole people is to be irrevocably fixed by decisions of 
the Supreme Court, the people will have ceased to be their own rulers, 
having to that extent practical resigned their Government into the 
hands of eminent tribunal.''
  That is the concern that we express today in this debate, Madam 
Speaker.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1115

  Mr. HASTINGS of Florida. Madam Speaker, I look forward to the day 
that somebody offers a bill to eliminate the Court. I mean, you talk 
about Jefferson and Madison. I don't know how many of you have read the 
Federalist Papers and clearly understand the dynamics of establishing 
the Federal judiciary and the importance of the separation of powers.
  That is what they went to war about or with King George, it was to 
make sure that we had a separation of powers. I travel in countries all 
over this world where the leaders of the country dictate to the courts, 
if they have any.
  I don't want to see America in that position, and I believe my good 
friend from California feels likewise.
  Madam Speaker, I yield 3\1/2\ minutes to the distinguished gentleman 
from California (Mr. George Miller).
  Mr. GEORGE MILLER of California. Madam Speaker, we are here today 
because the Republican leadership has made a stunning decision that it 
thwart the will, a bipartisan will of the House of Representatives, a 
bipartisan majority will of the House of Representatives to increase 
the minimum wage. They have decided that they are not going to follow 
the rules of democracy. They are not going to let this body reflect 
over 80 percent of the American people that believe that the minimum 
wage that is stuck at 1997 levels should be brought up to date for 
those workers who work hard every day.
  In fact, when the Appropriations Committee spoke on a bipartisan 
majority, they refused to bring the bill to the floor, because it had 
an increase in the minimum wage that was put there by Mr. Obey and Mr. 
Hoyer. We just see last week, 26 Members of the Republican Party of 
this House wrote the majority leader demanding action before we leave 
in August.
  Two Members of the Republicans voted for our motion on the previous 
question and we will offer it again today. So what we now understand is 
there is a majority. If we want to strip somebody of authority, maybe 
we ought to strip the Republican majority in this House of its 
authority to block the democratic will of both Members of this House 
who are duly elected under the Constitution and reflecting the will of 
the American people to increase the minimum wage. Forget stripping the 
Court of its authority. Let us strip the Republican leadership.
  Just last week the Republican leader, Mr. Boehner, completely 
misrepresented the record on the minimum wage when he suggested that he 
had never heard from the Democrats about the minimum wage in an odd-
numbered year.
  Now, maybe Mr. Boehner doesn't know odd from even. But the fact of 
the matter is we introduced a minimum wage bill in 1997. I believe that 
is an odd-numbered year. We introduced a bill in 1999, another odd 
year; 2001, another odd year; 2005 an odd year.
  We wrote to Mr. Boehner, as the chairman of that committee, time and 
again in 1991, asking for hearings and a markup. We asked again in 
October of 1999. In March of 2001 we sent Mr. Boehner letters from the 
members of the committee again asking for actions; in March of 2001 and 
in July of 2001. There have been numerous events calling upon the 
majority leader and the Speaker of this House to provide for an 
increase in the minimum wage.
  It goes on and on and on. I have 30 here that I would like to enter 
into the Record. I suspect there are hundreds where the Democrats have 
asked time and time again this leadership to provide us an up-or-down 
vote on the minimum wage. Why do we do that? Because, as Mr. Obey and 
Mr. Hoyer pointed out, 6 million workers in this country are stuck in a 
wage that this Congress set in 1997.
  No other workers in this country are stuck at that wage except these 
individuals. These are people who get up every day and go to work at 
very difficult jobs at the lowest wage you can pay in this country 
legally, and they go every day and every week and every month. At the 
end of the year, at the end of the year, they end up poor.
  By official action of this Congress, they end up poor. The gas that 
they buy to go to work is not at 1997 prices. The bread and the milk 
they buy to bring back to their families is not at 1997 prices. The 
health care they hope to buy someday for themselves and their family is 
not at 1997 prices, nor is the housing where they rent homes.
  These are people, because of the official action of the Republican 
leadership of the House of Representatives, these people must continue 
to be impoverished. Yet we tell them that we value their work.
  No, we don't. We ought to strip this Republican leadership so that 
these people can have economic justice so that they can share in some 
of the liberties and freedoms that the other side talks about so much. 
It is very hard to share in liberties and freedom at $5.15 an hour, 
very difficult to do that. But the Republicans wouldn't understand 
that, because they just don't understand the plight nor do they care 
about the plight of these workers. That is why we should raise this 
minimum wage.

       Minimum Wage Legislation Introduced By Democrats in Odd-
     Numbered Years
       1. 105th Congress 1997: H.R. 2211 ``American Family Fair 
     Minimum Wage Act of 1997''--Republican-controlled E&W 
     Committee refused to take action on the bill.
       2. 106th Congress 1999: H.R. 325 ``Fair Minimum Wage Act of 
     1999''
       3. 107th Congress 2001: H.R. 665 ``Fair Minimum Wage Act of 
     2001''
       4. 109th Congress 2005: H.R. 2429 ``Fair Minimum Wage Act 
     of 2005''
       Letters to Ed and Workforce Chairman Goodling From Ranking 
     Democrat William Clay Requesting Action on the Minimum Wage--
     in Odd-Numbered Years
       5. March 1, 1999, asking for hearing and markup of minimum 
     wage legislation.
       6. October 29, 1999
       Letters To Ed and Workforce Chairman Boehner from Senior 
     Member Miller Requesting Action on the Minimum Wage--in Odd-
     Numbered Years
       7. March 2, 2001 from all 22 Democratic Members of the 
     Committee requesting hearings on H.R. 665 to increase the 
     minimum wage
       8. July 16, 2001 from George Miller requesting, among other 
     things, ``immediate action to increase the minimum wage.''
       Press Events/Statements/Reports--in Odd-Numbered Years
       9. Ranking Member Clay Makes a Statement in Ed and 
     Workforce Committee urging passage of the minimum wage, 
     October 7, 1999.
       10. Ranking Member Clay asks unanimous consent in the 
     Education and Workforce Committee to bring up H.R. 325 to 
     increase the minimum wage, November 3, 1999.
       11. Democrats issue ``A Mid-Term Report Card, the 
     Republicans Failed Labor Education and Health Care Record'' 
     with section entitled ``Republicans Continue to Block a Fair 
     Minimum Wage'' and notes no committee action ``[d]espite the 
     submission to the committee's chairman for repeated written 
     requests for a markup of minimum wage legislation  .  .  .'' 
     November 29, 1999 (Report).
       12. Statement on the Introduction of the Fair Minimum Wage 
     Act of 2001 (February 7, 2001)
       13. Miller Introduces Legislation to Increase the Minimum 
     Wage, February 27, 2003 (press release)
       14. ``Bush Administration Assault on Working Families--
     First 100 Days'' calls for Republicans to stop blocking an 
     increase in the minimum wage. April 26, 2001 (Report)
       15. This Christmas, Congress Should Help the Less Fortunate 
     by Raising Minimum Wage, December 14, 2005. (press release)
       16. House Again Refuses to Give Minimum Wage Workers a 
     Raise, July 12, 2005 (press release)
       17. Miller Calls for Minimum Wage Increase, May 18, 2005 
     (press release)
       Sample of Dear Colleagues Sent in Odd-Numbered Years on 
     Minimum Wage
       18. Support a Fair Increase in the Minimum Wage, January 8, 
     2003 (Miller)
       19. Support an Increase in the Minimum Wage, January 31, 
     2003 (Miller)
       20. Co-sponsor the Minimum Wage, February 25, 2003 (Miller)
       Sampling of Floor Statements (Congressional Record) on 
     Minimum Wage by Key Democrats in Odd-Numbered Years
       21. Rep. George Miller, October 25, 2005:
       ``Mr. Speaker, today I rise on behalf of millions of 
     American working men and women

[[Page 15050]]

     who are in desperate need of a raise. It has been a 
     disgraceful 8 years since Congress last voted to raise the 
     national minimum wage which is stuck today at only $5.15 an 
     hour. A person making the minimum wage today would have to 
     work for the better part of an hour just to afford a single 
     gallon of milk or a gallon of gasoline.'' (Congressional 
     Record, Page H9049)
       22. Rep. George Miller, May 18, 2005:
       ``Mr. Speaker, today, together with 100 of my colleagues, 
     we are introducing legislation to raise the Federal minimum 
     wage from $5.15 to $7.25 over 2 years. Senator Edward Kennedy 
     is introducing identical legislation in the Senate. Two 
     reports that are also being released today, one by the Center 
     for Economic and Policy Research and one by the Children's 
     Defense Fund, make obvious the importance of raising the 
     minimum wage for workers, children, and families.'' 
     (Congressional Record, Page E1024)
       23. Rep. George Miller, February 27, 2003:
       ``Mr. Speaker, today I am honored to be joined by 73 of my 
     colleagues in introducing legislation to increase the minimum 
     wage. The legislation that we are introducing today provides 
     for a $1.50 increase in the minimum wage, in two steps. Our 
     bill raises the minimum wage from its current level of $5.15 
     per hour to $5.90 sixty days after enactment and raises it 
     again to $6.65 one year thereafter. In addition, the 
     legislation extends the applicability of the minimum wage to 
     the U.S. Commonwealth of the Northern Mariana Islands. Our 
     bill is identical to legislation introduced in the other body 
     by the Democratic Leader, Mr. Daschle, and 34 of his 
     colleagues.'' (Congressional Record, Page E333)
       24. Rep. George Miller on CNMI, July 26, 2001:
       ``Today, I am joined by more than 40 co-sponsors as we 
     introduce the ``CNMI Human Dignity Act,'' which would require 
     that the Americans living in the US/CNMI live under the same 
     laws as all of our constituents in our home districts. This 
     legislation would extend U.S. immigration and minimum wage 
     laws to the US/CNMI.'' (Congressional Record, Page E1442)
       25. Rep. Rob Andrews, May 23, 2001:
       ``That compassion is sorely lacking when there has been a 
     commitment by the majority not to move a bill to raise the 
     minimum wage of many of those parents that we are talking 
     about today.'' (Congressional Record, Page H2601)
       26. Rep. Major Owens, March 7, 2001:
       ``What we are experiencing today is the beginning of 
     warfare on a large scale which has a psychological 
     significance. It is very strategic. After we roll over 
     ergonomics, it is going to be Davis-Bacon's prevailing wage 
     act. It is going to be onward marching toward the elimination 
     of any consideration of any minimum wage from now until this 
     administration goes out of power.'' (Congressional Record, 
     Page H664)
       27. Rep. George Miller, November 3, 1999:
       ``Now the Republicans tell us that we cannot afford a 
     prescription drug benefit for our seniors, that we cannot 
     afford a Patients' Bill of Rights to protect our families 
     against managed care and HMOs that deny them care, that we 
     cannot afford a minimum wage for our low-income workers in 
     this Nation, and that we cannot extend the fiscal security of 
     social security by even one day. No, the Republicans still 
     want to try to pass tax breaks for the wealthiest 
     individuals, corporations, and special interests in this 
     country. When in this session, in the last remaining 8 or 10 
     days of this session, when is it that Republicans are going 
     to start thinking about our elderly, our children, and the 
     working families of this Nation?'' (Congressional Record, 
     Page H11376)
       28. Rep. William Clay, June 18, 1997:
       ``Mr. Speaker, I would like to bring to your attention an 
     important editorial that appeared in the St. Louis Post-
     Dispatch, Monday, June 16, 1997. It brings to light the harsh 
     reality of a GOP plan that deprives welfare participants of 
     minimum wage.'' (Congressional Record, Page E1251)
       29. Rep. George Miller on CNMI, April 24, 1997:
       ``Mr. Speaker, today I am introducing legislation to 
     address the systematic, persistent, and inexcusable 
     exploitation of men and women in sweatshops in the 
     Commonwealth of the Northern Mariana Islands, a territory of 
     the United States of America. . . . This legislation will 
     increase the minimum wage in the CNMI in stages until it 
     matches the Federal level.'' (Congressional Record, Page 
     E748)
       30. Rep. George Miller, September 5, 1997:
       ``This is not a matter of conjecture, this is a matter of 
     record that hundreds of thousands of workers on a regular 
     basis are denied their overtime pay. That overtime pay is the 
     difference of whether or not they can provide for their 
     family or not provide for their family. That minimum wage 
     pays the difference of whether or not they need public 
     assistance or they do not need public assistance, whether 
     they can provide child care or they cannot provide child care 
     for their children as they work.'' (Congressional Record, 
     Page H6931)

  Mr. GINGREY. Madam Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Florida. Madam Speaker, how much time remains on both 
sides?
  The SPEAKER pro tempore. Eleven minutes remain for the gentleman from 
Florida; the gentleman from Georgia, 16\1/2\.
  Mr. HASTINGS of Florida. Madam Speaker, a young man whose 
sensitivities have shown through on this subject of countless others 
who are less fortunate, I am pleased to yield 2 minutes to my good 
friend from Rhode Island (Mr. Kennedy).
  Mr. KENNEDY of Rhode Island. Madam Speaker, if this issue were not so 
serious it would be a joke. The Republican majority today is talking 
about a Pledge of Allegiance where they are saying that we should 
include the words ``under God'' as they have been historically in our 
country. They preach God all the time. They even call themselves the 
Christian Coalition. But you look at their policies, and you would not 
see anything Christian about their policies.
  My Aunt Rosemary was mentally retarded. If she didn't come from my 
family and have all of the financial support to give her, all of the 
support she needed, under the Republican Medicaid budget, she would 
have to live in the right State in order to get the support of services 
she needed because this Republican Congress has cut funding for the 
developmentally disabled in this country.
  The very people who are treating the most vulnerable people in our 
society, the handicapped, the people who are living in group homes, in 
institutions, those people are being paid the least. They are being 
paid the minimum wage. They are taking care of God's children, God's 
children, and yet this majority says they want to make sure they stand 
up for God.
  Where is their religiosity when it comes to standing up for the 
children of God? Where is their sense of justice when it comes to 
making sure that we treat others with the dignity and respect that God 
would have us treat one another with?
  This is a joke, Madam Speaker, that this majority would talk about 
God and yet not even work to raise the wages of the very people that 
are taking care of the children of God.
  Mr. GINGREY. Madam Speaker, I yield myself such time as I may 
consume.
  The gentleman from Rhode Island, I greatly respect. The other side, 
making points about minimum wage or mental health parity and implying 
that these are the godly things to do, then I think in a way that they 
are inadvertently making my case.
  Let us go along with the wishes outlined in this bill to keep ``under 
God'' in our Pledge of Allegiance, as we stand up every day and honor 
our flag. That, indeed is what it is all about. I thank them for 
helping to make the case for this particular piece of legislation, H.R. 
2389.
  I do hope that we have a recorded vote on the rule, and obviously on 
the bill, and I look forward to wide, maybe unanimous, bipartisan 
support on this issue.
  Madam Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Florida. Madam Speaker, I yield 30 seconds to the 
gentleman from Rhode Island (Mr. Kennedy) to respond.
  Mr. KENNEDY of Rhode Island. Madam Speaker, in 1960 my uncle, 
President Kennedy, in one of his remarks in the inaugural address said, 
ultimately, our truest test here on Earth, we need to make sure we do 
God's will, because God's work is ultimately our own.
  I find it so interesting that when it comes to our implementing the 
kinds of things that this gentleman would say we are somehow being 
inconsistent; it is really my point that the gentleman is being 
inconsistent, saying that he is for making sure we have God in our 
Pledge of Allegiance, but that God does not exist anywhere else in the 
Republican majority positions.
  Mr. HASTINGS of Florida. Before the gentleman from Georgia goes 
forward, may I say that we have but one more speaker, and then I will 
be prepared to close if the gentleman is prepared to close.
  Mr. GINGREY. Madam Speaker, to my good friend from Florida, at this

[[Page 15051]]

time I have no additional speakers. I will reserve to close.
  Mr. HASTINGS of Florida. Before yielding to the distinguished 
minority leader whom I believe will cause in November the priorities of 
this House to change substantially, and to protect not only minimum 
wage earners, but the middle class of this country better than we have, 
I would like to come to today's discussion.
  I find it difficult to believe that God would want us to strip the 
courts of their powers to interpret the laws of this land, albeit with 
the divergent opinions. I shudder that my colleagues do not understand 
the dynamics of the Federal judiciary.
  But let me do something, perhaps not dramatic, perhaps a little 
melodramatic. Under Madam Speaker are the words ``In God we trust.'' I 
have been in this body 14 years, and I have had the distinct privilege, 
as have many other Members of the House of Representatives, of opening 
these proceedings with other speakers in the chair, at least five 
times, from my memory.
  Every time that I participated in the opening proceedings, we said 
the Pledge of Allegiance, and we used the term ``God.'' I don't have as 
many of these as I want, and minimum wage workers don't have this many, 
and the middle class is suffering immensely in this country. But on our 
money is ``In God we trust.''
  Please understand this. Only once has a court ruled that you cannot 
say the Pledge of Allegiance in this country, and that law was stricken 
down. I ask you, please, to listen to the Chief Justice when he says 
that court-stripping would be bad policy.
  You may have the right intention, but you are doing it in the wrong 
way.
  Madam Speaker, I yield 1 minute to the distinguished minority leader, 
Ms. Pelosi.
  Ms. PELOSI. I thank the distinguished gentleman from Florida for his 
leadership on this important issue, and for his eloquence on it as 
well.
  Madam Speaker, my Republican colleagues on the other side of the 
aisle, I have really good news for you. The pledge to the flag and the 
words ``under God'' are not in trouble. They are very safely ensconced 
in the Pledge of Allegiance, which, as our colleague mentioned, we 
pledge every single day that this body comes to order, school children 
across the country, the beginning of meetings all over our country. The 
profession of our pledge to the flag, and one Nation under God, is safe 
and it is sound.
  That is why it is hard to understand why you would take up the time 
of this Congress to bring something to the floor that is so out of 
touch with the concerns of America's middle class. We are talking about 
democracy here and the intentions of our Founding Fathers. Essential to 
a democracy is a strong, thriving and growing middle class.
  The policies of this Congress, this Republican Congress, undermined 
the security and the size of that middle class. That is why, if you are 
at home with someone who is sick, or a child home from school, and you 
happen to turn on the TV, and you see the proceedings of Congress, what 
would an American think? What they are doing is totally irrelevant to 
my life, totally irrelevant to my life, whether it is the health of my 
family, the education of my children, the economic security of our 
family and the safety of my neighborhoods.
  Why isn't Congress addressing the concerns of America's great middle 
class? Why, indeed, are the Republicans taking up the time, day in and 
day out, with their proposals which have no prospect of success, which 
have no basis in reality, and which, in fact, undermine the 
Constitution of the United States which each one of us takes an oath of 
office to support and defend.
  Why, instead of having this conversation, which as Mr. Hastings and 
others have said, this is not at risk. We all agree. One Nation under 
God. What a beautiful pledge. We all agree.

                              {time}  1130

  So rather than addressing the concerns of the American people, we are 
making here an all-out assault on the Constitution of the United 
States, which, thank God, will fail. Court-stripping. Court-stripping.
  Fundamental to our democracy is the separation of powers, a system of 
checks and balances, but this Republican Congress says that Congress 
should strip the courts of the power to be a check and a balance to the 
other branches of government.
  They have said in their meetings that Marbury v. Madison, which 
established precedent of judicial review, was wrongly decided. Over 200 
years of precedent on judicial review they say was wrongly decided, and 
therefore, they can strip the courts of the ability to review the 
constitutionality of an act of Congress. That means by a simple 
majority, and if the other body were willing and the President were to 
sign, by a simple majority they can amend the Constitution with bills 
that are not constitutional but have no court to judge that 
constitutionality.
  It is absolutely wrong, and Justice O'Connor said recently on this 
subject that this was brought up at the time of desegregation. They 
tried to use it then. Thank God, thank God, thank you, God, they 
failed. Thank God they failed.
  What we should be talking about today is what is important, the 
issues that are important to America's middle class. Again, when people 
ask me what are the three most important issues facing the Congress I 
say the same thing: our children, our children, our children; their 
health, their education, the economic security of their families, which 
includes the pension security of their grandparents, the healthy 
environment and safety of the neighborhoods in which they live, a world 
at peace in which they can thrive.
  But turn on the television and tune in to C-SPAN and see what is 
going on in Congress, and what do you see? The politics of divide and 
distract. It is really sad, as Mr. Kennedy said. It would be almost a 
joke but it is just really not that funny.
  So let us instead vote, when we have a chance to vote on this rule, 
against the previous question; and that vote will be a vote to increase 
the minimum wage. That is relevant to the lives of the American people. 
In fact, it is relevant to the lives of millions of American people, 
many of them single moms. Many of them single moms.
  Right now, minimum wage is $5.15 an hour. If you work full time at 
the minimum wage you make about $10,000. If you are two wage earners in 
a family and you both work full time and make the minimum wage, you 
make $20,000. You are below the poverty line for a family of four. 
Imagine two wage earners working full time. Is that fair? Is that just? 
I do not think so.
  This Congress had no hesitation to give itself a raise over the past 
9 years, $30,000 in raises. That $30,000 would take a minimum wage 
worker 3 years to earn just the increase in salaries that Congress gave 
itself. So there is no justice in what we are talking about here.
  I quoted another debate on this subject, the recent encyclical of 
Pope Benedict XVI. This is a quote from Cardinal McCarrick, quoting the 
Pope quoting a saint. In his encyclical, ``God is Love,'' Pope Benedict 
talks about the responsibilities of politicians, people in government, 
and he quotes Saint Augustine who said that unless politicians, people 
who are in the public domain, are there to promote justice, they are 
just a bunch of thieves. Saint Augustine said, unless politicians were 
there in office to promote justice, they were just a gang of thieves. 
The Pope quoted Saint Augustine and the cardinal quoted the Pope in his 
farewell address to us.
  It is true, it is true, how can we be talking about justice, how can 
we be talking about our Constitution, how can we be talking about under 
God if we do not even meet the simple test of fairness to America's 
middle class, which is central to our democracy? How can we be talking 
about that here when people are suffering in our country? They do not 
know how they are going to pay for their health bills, and millions of 
them do not have health insurance. In fact, 6 million more people in 
America do not have health insurance since President Bush became

[[Page 15052]]

President, a 70 percent increase in the cost of health insurance since 
President Bush and this Republican Congress went to work on the 
American people.
  So the injustices are there. The opportunity is here, and it is being 
ignored because the priority of the Republicans in Congress is to 
distract and divide the country. It is time for the politics as usual 
to end. It is time for this House to be the marketplace of ideas that 
our Founders intended, where we come to do the work of the American 
people, where they tell us to make laws to grow our economy, to make 
our country strong militarily, and then the health and well-being of 
the American people, make our country strong in the unity and the 
reputation that we have in the world.
  Instead, we have this freak show one day after another of a rollout 
of distractions and divisions that is unworthy of this House, unworthy 
of the American people and certainly does not honor the vision of our 
Founding Fathers, the sacrifices of our men and women in uniform or the 
aspirations of our children.
  So I urge my colleagues to vote ``no'' on the previous question, and 
that vote will be a vote to increase the minimum wage, which is, again, 
$5.15 an hour. It has not been increased in 9 years. While the price of 
gas, food, health care and everything else has gone up, the purchasing 
power has gone down.
  Let us not be a bunch of thieves. Let us be a deliberative body that 
is here to promote justice. Vote ``no'' on the previous question. Vote 
``no'' on this court-stripping bill which dishonors the oath of office 
that we all take.
  Mr. GINGREY. Madam Speaker, I yield 3 minutes to the gentleman from 
Missouri (Mr. Akin), the author of the bill.
  Mr. AKIN. Madam Speaker, the question has been placed: Is there 
really a need for this legislation? And I think the statement was made, 
inaccurately, that there was just only one time that the Pledge had 
been challenged as being unconstitutional.
  The words ``under God'' were found by the Ninth Circuit to be 
unconstitutional. It was not once. It was done first by a three-judge 
panel there. They came to the conclusion that school kids are not 
allowed to say the Pledge of Allegiance. They were then backed up by 
the entire Ninth Circuit that supported that same position.
  The case then went to the U.S. Supreme Court. If we could be so 
assured that the phrase ``one Nation under God,'' Madam Speaker, that 
is over your head is safe, if the words ``in God we trust'' on our 
money is safe, well, then certainly the words ``under God'' in our 
Pledge should be safe. So the Supreme Court could simply have ruled 
this is a ridiculous and a silly case that the Ninth Circuit has sent 
to the Supreme Court; we strike down their decision. They could have 
ruled that way.
  I was there when the case was heard. The President's attorney 
recommended that the Court dismiss the case based on lack of standing 
of the person who brought the case. And one of the Supreme Court judges 
said we consider that the lower courts will take care of whether or not 
somebody has standing; that is not the kind of issue we consider. And 
yet on deliberation, instead of striking the Ninth Circuit decision, 
the Court said, oh, we are going to dismiss it for lack of standing.
  That gives many of us very little cause to not be concerned not only 
with our Pledge, but with the money that says ``in God we trust,'' ``in 
God we trust'' over the Speaker's chair, and ``one Nation under God'' 
on our money. So it is a matter of debate whether or not there is a 
threat here, but this is the same Court who not so long ago made the 
decision that we could also ignore the fifth amendment and redistribute 
private property to other people without it being for government use. 
If they would ignore the fifth amendment, is it possible they might 
turn the first amendment upside down and use it as a tool of 
censorship? Certainly, many authorities think so.
  This bill has merit, and it needs serious consideration. We take an 
oath of office to uphold the Constitution. That includes the first 
amendment, and this is about free speech, not censorship.
  Mr. HASTINGS of Florida. Madam Speaker, I yield myself such time as I 
may consume.
  It is hard to correct my friend from Missouri. I said to him last 
night, earlier yesterday, as it were, in the Rules Committee that he is 
an engineer and I am a lawyer of 44 years standing, twice a judge as it 
were, and I understand a little bit about how the Federal judiciary 
works. I said to him that I do not come into his engineering 
association to tell them how to construct bridges and tunnels, and not 
that there is any premium on lawyers or judges having clarity, but he 
muddies the water on this subject.
  I would urge him to understand that it was under President Eisenhower 
that the words ``under God'' were put in the Pledge of Allegiance. 
Somehow or another, during World War I and World War II, without the 
words ``under God,'' we managed to win those wars. Somehow or another 
we were not a godless society any more than we are not today.
  Please understand that the pendulum swings in the Federal judiciary, 
and there may be a day when things that you envision are important for 
the Court to undertake constitutionally will allow for some more 
liberal Congresspersons to come along than you and strip the courts of 
those powers.
  We have a beautiful system of checks and balances in this country. 
Madam Speaker, I would urge that we do not impinge upon that territory.
  I urge all Members to vote ``no'' on the previous question so I can 
amend the rule and provide this House with yet another chance to vote 
on legislation to increase the Federal minimum wage.
  Madam Speaker, I ask unanimous consent to insert the text of the 
amendment and extraneous material immediately prior to the vote on the 
previous question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. HASTINGS of Florida. My amendment provides that immediately after 
the House adopts this rule it will bring H.R. 2429, the Miller-Owens 
minimum wage bill, to the House floor for an up-or-down vote. This bill 
will gradually increase the minimum wage from the current level of 
$5.15 an hour to $7.25 an hour after about 2 years.
  A footnote right there; I am so proud of my State. By petition, the 
State of Florida passed a minimum wage with an acceleration clause 
pegged to the cost of living. Hurrah for Florida.
  The bill is identical to language that was included in the Labor-HHS 
appropriations bill that was blocked by the majority leadership last 
month. It is also identical to the language that we on the Democratic 
side have tried to bring to this floor in recent weeks.
  Madam Speaker, every day that we fail to bring legislation to the 
floor to increase the minimum wage is another day we turn our backs on 
America's low-income and middle-class families who desperately need our 
help. These workers, as many have said, struggle every day to make ends 
meet. Many minimum-wage earners work two and three jobs just to get by, 
and it is unconscionable that we have waited this long to offer even a 
little relief to those in this Nation who need it most.
  There is a statistic that was quoted very recently, but no offense to 
rich people, but America's corporate executives collectively, when 
paired down in the first 4 hours of any given year that they worked, 
they earn in 4 hours more money than a minimum-wage earner makes all 
year long.
  It has been nearly a decade since this House voted to increase the 
minimum wage. The minimum wage, as I said earlier, is now at its lowest 
level in 50 years.

                              {time}  1145

  A full-time minimum-wage earner makes just $10,700 a year, an amount 
that is $5,000 below the poverty line for a family of three.
  I am going to cut it off right here, Madam Speaker, and go back to my 
original remarks. We have not done anything about genocide in Darfur; 
the Middle East is in flames. California is

[[Page 15053]]

suffering forest fires. We have left the Hurricane Katrina victims by 
the wayside with more hurricanes looming to come during this hurricane 
season. The deficit is at an all-time high and accelerating. The 
national debt is crippling this Nation. And the middle class, we didn't 
fully fund education to the extent that we left no children behind. We 
are not putting sufficient police on the streets in order to be able to 
protect our Nation. Our homeland is vulnerable in more ways than one, 
including the containers that go on our aircraft and those that are not 
inspected in our ports. I could go on and on, including the potential 
for $4-a-gallon gas prices.
  And what we are going to do? We are going to strip the courts. We 
ought to strip some of these people that are in the business of 
stripping the courts.
  Mr. GINGREY. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, I rise again in support of this rule and in 
recognition of the importance of the underlying bill, H.R. 2389, the 
Pledge Protection Act of 2005.
  I want to express my appreciation to my colleagues who participated 
in the preceding debate on this rule, and I want to ask my colleagues 
to continue their participation as we move into the general debate.
  I also want to again commend Representative Akin, both a friend and a 
colleague, for leading the charge in defense of not only our Pledge of 
Allegiance, but also many of our time-honored traditions that are 
currently under assault by some activist judges, as he just enumerated.
  As I stated yesterday, we did not raise these issues; a few activist 
judges did when they decided to throw out precedent and make new law 
without one vote cast in either a legislature or at the ballot box. So 
it is now the responsibility of this Congress to stand up for the will 
of the American people and sanction our Pledge of Allegiance. Let us 
affirm this is ``one Nation under God, indivisible, with liberty and 
justice for all.''
  The material previously referred to by Mr. Hastings of Florida is as 
follows:

    Previous Question on H. Res. 920, Rule for H.R. 2389 The Pledge 
                         Protection Act of 2005

       At the end of the resolution add the following new section:
       ``Sec. 2. Immediately upon the adoption of this resolution 
     it shall be in order without intervention of any point of 
     order to consider in the House the bill (H.R. 2429) to amend 
     the Fair Labor Standards Act of 1938 to provide for an 
     increase in the Federal minimum wage. The bill shall be 
     considered as read for amendment. The previous question shall 
     be considered as ordered on the bill to final passage without 
     intervening motion except: (1) 60 minutes of debate equally 
     divided and controlled by the chairman and ranking minority 
     member of the Committee on Education and the Workforce; and 
     (2) one motion to recommit with or without instructions.''
                                  ____


        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Republican majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives, (VI, 308-311) describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-Illinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Republican 
     majority they will say ``the vote on the previous question is 
     simply a vote on whether to proceed to an immediate vote on 
     adopting the resolution . . . [and] has no substantive 
     legislative or policy implications whatsoever.'' But that is 
     not what they have always said. Listen to the Republican 
     Leadership Manual on the Legislative Process in the United 
     States House of Representatives, (6th edition, page 135). 
     Here's how the Republicans describe the previous question 
     vote in their own manual: Although it is generally not 
     possible to amend the rule because the majority Member 
     controlling the time will not yield for the purpose of 
     offering an amendment, the same result may be achieved by 
     voting down the previous question on the rule . . . When the 
     motion for the previous question is defeated, control of the 
     time passes to the Member who led the opposition to ordering 
     the previous question. That Member, because he then controls 
     the time, may offer an amendment to the rule, or yield for 
     the purpose of amendment.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee on Rules] opens the 
     resolution to amendment and further debate.'' (Chapter 21, 
     section 21.2) Section 21.3 continues: Upon rejection of the 
     motion for the previous question on a resolution reported 
     from the Committee on Rules, control shifts to the Member 
     leading the opposition to the previous question, who may 
     offer a proper amendment or motion and who controls the time 
     for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Republican 
     majority's agenda to offer an alternative plan.
  Mr. GINGREY. Madam Speaker, I yield back the balance of my time, and 
I move the previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Florida. Madam Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes 
the minimum time for any electronic vote on the question of adopting 
the resolution.
  The vote was taken by electronic device, and there were--yeas 224, 
nays 200, not voting 8, as follows:

                             [Roll No. 382]

                               YEAS--224

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert

[[Page 15054]]


     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--200

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--8

     Evans
     Ford
     Goode
     Gutierrez
     Harris
     Linder
     McKinney
     Northup

                              {time}  1213

  Ms. McCOLLUM of Minnesota, Mr. AL GREEN of Texas and Mr. POMEROY 
changed their vote from ``yea'' to ``nay.''
  Mr. SULLIVAN changed his vote from ``nay'' to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. GINGREY. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 257, 
nays 168, not voting 7, as follows:

                             [Roll No. 383]

                               YEAS--257

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Pastor
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Salazar
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--168

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berman
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Gonzalez
     Grijalva
     Harman
     Hastings (FL)
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rangel
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--7

     Evans
     Ford
     Gutierrez
     Harris
     McKinney
     Northup
     Ryan (OH)

                              {time}  1223

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

[[Page 15055]]



                          ____________________




                             GENERAL LEAVE

  Mr. BLUNT. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on H.R. 2389.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.

                          ____________________




                     PLEDGE PROTECTION ACT OF 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 920 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 2389.

                              {time}  1225


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2389) to amend title 28, United States Code, with respect to the 
jurisdiction of Federal courts over certain cases and controversies 
involving the Pledge of Allegiance, with Mr. LaTourette in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Missouri (Mr. Blunt) and the gentleman from New 
York (Mr. Nadler) each will control 30 minutes.
  The Chair recognizes the gentleman from Missouri.
  Mr. BLUNT. Mr. Chairman, I yield myself such time as I may consume.
  As we approach this bill today, Mr. Chairman, I want to make the 
point that clearly the Pledge of Allegiance is well understood by this 
body and the Members of this body. It is repeated here every day. The 
words of the Pledge are words that we have learned since our childhood:
  ``I pledge allegiance to the Flag of the United States of America, 
and to the Republic for which it stands, one nation under God, 
indivisible, with liberty and justice for all.''
  When Congress passed the bill adding the words ``under God,'' 
Congress stated its belief that those words in no way run contrary to 
the first amendment, but recognize ``only the guidance of God in our 
national affairs.''
  Two words, ``under God,'' in the Pledge helped define our national 
heritage as the beneficiaries of a Constitution sent to the States for 
ratification ``in the year of our Lord,'' as the ratification statement 
said, 1787, by a founding generation that saw itself as guided by a 
providential God. These two words were added to the Pledge in the 
1950s, and at that time President Eisenhower made the point that in 
those days of Cold War, those days after World War II, that it was 
important that we realize that there was something bigger than 
ourselves and that our country was guided by that.
  For decades children have been reciting the Pledge of Allegiance in 
classrooms across America. The Pledge of Allegiance is an important 
civic ritual. It binds us together as Americans. But last year that 
daily ritual was halted in the Ninth Circuit Court of Appeals. The 
court actually told teachers and children in Alaska and Arizona, in 
California and Hawaii, in Idaho and Montana, in Nevada, Oregon, and 
Washington that they could not recite the Pledge of Allegiance as they 
had for decades in their classrooms.
  The Court's reasoning? The words ``under God'' constituted a 
violation of the establishment clause of the first amendment. According 
to the court, it was unconstitutional to lead students, even 
voluntarily, in the Pledge of Allegiance because it included the phrase 
``under God.''
  Any of the phrases in the Pledge do not need to be subject to this 
kind of court interpretation. The Pledge of Allegiance, an act of 
Congress, modified by the Congress in 1950s, still continues to be the 
Pledge of Allegiance said by school students and Members of this body 
and others all over the country today. Judges should not be able to 
rewrite the Pledge. Passing this bill will protect the Pledge from 
Federal judges and will strike an important blow for self-government.
  This legislation, Mr. Chairman, is in the spirit of the first 
judiciary act, the Judiciary Act of 1789, drafted by individuals who 
had drafted the Constitution, voted on by Members who had been at the 
drafting of the Constitution, all willing to define the role of the 
Federal courts and to narrow the role of the Federal courts, as this 
bill proposes to do.
  I look forward to the debate.
  Mr. Chairman, I reserve the balance of my time.
  Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I really hate to be an ``I told you so,'' but when, in 
2003, we considered legislation to strip the Federal courts of 
jurisdiction, in that case to hear cases challenging the Defense of 
Marriage Act, I warned that there would be no end to it.
  In fact, when we first marked up this bill, I asked my friend, the 
chairman of the Constitution Subcommittee, whether there would be other 
court-stripping bills. He assured me that this and the marriage court-
stripping bill were the only ones ``so far.'' As we know, he was being, 
as always, truthful.
  Our former colleague Bob Barr, the author of the Defense of Marriage 
Act, whose legislation Congress was purporting to protect in that case, 
said, no thanks.
  He wrote: ``This bill will needlessly set a dangerous precedent for 
future Congresses that might want to protect unconstitutional 
legislation from judicial review. During my time in Congress, I saw 
many bills introduced that would violate the takings clause, the second 
amendment, the 10th amendment, and many other constitutional 
protections. The fundamental protections afforded by the Constitution 
would be rendered meaningless if others followed the path set by this 
bill.''

                              {time}  1230

  Bob Barr was right. Today it is the turn of the religious minorities.
  Once upon a time in this country a student could be expelled from 
school for refusing to cite the Pledge because it was against his or 
her religion. In 1943, the Supreme Court in West Virginia Board of 
Education v. Barnette held that children, in that case Jehovah's 
Witnesses, had a first amendment right not to be compelled to swear an 
oath or recite a pledge in violation of their religious beliefs.
  This legislation would, of course, strip those families of the right 
to go to court and to defend their religious liberty. Schools would be 
able to expel children for acting according to the dictates of their 
religious faith, and Congress will have slammed the courthouse door in 
their faces.
  As dangerous as this legislation is, even for an election season, it 
is part of a more general attack on our system of government which 
includes an independent judiciary whose job it is to interpret the 
Constitution even if those decisions are unpopular. It is their job to 
protect individual rights, even if the exercise of those rights in 
given instances are unpopular.
  Sometimes we do not like what the court says. I don't like that the 
Supreme Court struck down part of the Violence Against Women Act, or 
that they struck down part of the Gun Free Safe Schools Zones Act, or 
that they are misapplying, in my opinion, the commerce clause and the 
11th amendment in order to gut some of our civil rights laws. I really 
didn't like it that Republican-appointed justices traversed, perverted 
justice in order to put someone in the White House who got more than 
half a million votes less than the other candidate who really won the 
election.
  I don't hear my colleagues on the other side screaming about judicial 
activism by unelected judges in these cases.
  As wrong as I believe the current Supreme Court to be on many issues, 
I understand that we cannot maintain our system of government and 
especially our Bill of Rights if the independent judiciary cannot 
enforce those rights, even if the majority doesn't like it.
  Again, I will refer to the Soviet Stalinist Constitution of 1936, 
which had

[[Page 15056]]

many rights in it, freedom of speech, freedom of association, freedom 
of the press, freedom of religious and antireligious propaganda, as 
they quaintly put it. But, of course, it wasn't worth the paper it was 
written on because they had no judicial enforcement of it, and if you 
tried to bring a lawsuit to enforce your right, they shot you before 
they brought you to court. Any constitutional right without the ability 
to enforce it in court is no right.
  This House appears infected with hostility toward the rule of law. 
This bill is a perfect example. Even more egregious is the way it has 
reached the floor. The Judiciary Committee twice voted against 
reporting this bill to the House. The ``no'' vote was bipartisan. Now 
the Republican majority is abusing its power to bring it to the floor 
anyway.
  Neither the Parliamentarian nor the Congressional Research Service 
has been able to find any other case like this. They report, ``We found 
one instance of a bill, a joint resolution, between the 100th Congress 
and the current Congress, in which a committee specifically voted not 
to report a measure that was later considered by the House.'' That 
measure was a 1996 agriculture bill that was rejected in committee and 
later folded into a reconciliation bill.
  Now the Republican majority exceeds even that arrogance. We are asked 
to vote on a bill that guts our system of government and guts the 
protection of our individual rights when the committee tasked with the 
consideration of this bill rejected it. It must be an election year.
  To return to Justice Jackson and the flag salute case, he observed 
that, and I quote because it is very apposite here, ``The very purpose 
of the Bill of Rights was to withdraw certain subjects from the 
vicissitudes of political controversy, to place them beyond the reach 
of majorities and officials and to establish them as legal principles 
to be applied by the courts. One's right to life, liberty and property, 
to free speech, a free press, freedom of worship and assembly and other 
fundamental rights may not be submitted to vote. They depend on the 
outcome of no elections.''
  But now some would strip the courts of any ability to protect these 
individual rights against a temporarily intolerant majority.
  As to the complaints about unelected judges, I would refer my 
colleagues back to their high school civics textbooks. We have an 
independent judiciary precisely to rule against the wishes of the 
majority, especially when it comes to the rights of unpopular 
minorities. That is our system of government and it is a good one and 
we should protect it.
  As Alexander Hamilton said in Federalist Number 78, ``The complete 
independence of the court of justice is peculiarly essential in a 
limited Constitution. By a limited Constitution, I understand one which 
contains certain specified exceptions to the legislative authority; 
such, for instance, as that it shall pass no bills of attainder, no ex 
post facto laws, and the like. Limitations of this kind can be 
preserved in practice no other way than through the medium of courts of 
justice, whose duty it must be to declare all acts contrary to the 
manifest tenor of the Constitution void. Without this, all reservations 
of particular rights or privileges would amount to nothing.''
  Where would this bill leave religious liberty? The Republicans tell 
us State courts can protect those rights. What would this mean? It 
would mean that your rights might be protected in one State, but not in 
another. I thought the 14th amendment to our Constitution settled that 
issue.
  One of the reasons we have a Supreme Court is so that the Federal 
Constitution means the same thing in New York as in California or 
Mississippi or Minnesota. This country must be one country, not 50 
separate countries.
  We are really playing with fire here. Do you really hate unpopular 
religious minorities so much that you are willing to destroy the first 
amendment? I urge my conservative colleagues especially to shape up and 
act like conservatives for once. We live in a free society that 
protects unpopular minorities, even if the majority hates them or hates 
the expression of their opinion.
  If someone doesn't want to recite the Pledge of Allegiance or doesn't 
feel conscientiously able to recite the words ``under God,'' that is 
their privilege. Our Constitution protects it, our civil liberties 
protect it, this country should protect it, and I urge the defeat of 
this bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BLUNT. Mr. Chairman, I yield 3 minutes to the principal sponsor 
of the bill, my colleague from Missouri (Mr. Akin).
  Mr. AKIN. Mr. Chairman, I rise to introduce the Pledge Protection Act 
and just to give a quick and brief history as to why it is important. 
We have heard some discussion that this is really not necessary, that 
we can rest assured that the words of the Pledge of Allegiance will 
just stand firm forever. Unfortunately, that is not what our recent 
history shows.
  First of all, three judges on the Ninth Circuit Court in California 
ruled that the words ``under God'' are unconstitutional. They were 
supported by the entire Ninth Circuit.
  The case went to the Supreme Court, and I was there at the hearing at 
the Supreme Court. The President's attorney there argued that the 
Supreme Court should kick the case out because the person, Mr. Newdow, 
bringing the case did not have standing. The response of one of the 
Judges was, as a Supreme Court we never kick a case out based on 
standing, because we assume the lower courts have already taken care of 
that.
  Why did the Supreme Court do this? They could easily have ruled that 
the Pledge is just fine, that it is completely constitutional. Is that 
their ruling? No. They kicked the case out based on standing.
  So we believe that there are not five Judges on the Court, which is 
what it would take to uphold the Pledge of Allegiance. Hence we use a 
constitutional authority granted to us from the Founders that wrote the 
Constitution to protect the Pledge of Allegiance. That constitutional 
authority is known as Article III, section 2.
  What we do is we create a very simple fence around the Federal court 
system. We say just regarding the Pledge of Allegiance, that no Federal 
Court has authority to hear a claim that the Pledge is 
unconstitutional. So we put a fence around the Federal court system.
  Well, what does that mean, if somebody really wants to make a claim 
that the Pledge is unconstitutional? It means that they go to their 
local State courts, with the ultimate decisions being made in 50 
separate supreme courts and a court here in the District of Columbia. 
So that is the reason for why we need to pass the Pledge Protection 
Act.
  It seems a bit ironic that some people will complain about the fact 
that we have no respect for the Constitution and that we are eroding 
the separation of powers, and yet it is the very Constitution that 
gives Congress the authority and the responsibility to stand up to the 
Court when they are misusing the Constitution. If you claim you respect 
the Constitution, part of that is the first amendment, and the first 
amendment to the Constitution is about free speech. It is not about 
censorship.
  To say that a child cannot say the Pledge of Allegiance is a form of 
censorship. The Court has already ruled that no child has to say the 
Pledge. But now the Court wants to go the other step and say no, we are 
going to use the first amendment about free speech to say that you 
cannot say the Pledge. We must step in.
  Mr. NADLER. Mr. Chairman, I yield 7 minutes to the distinguished 
gentleman from Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Mr. Chairman, anytime we consider legislation 
like this, one can be assured that veterans benefits have either just 
been cut or are about to be cut. Instead of addressing the real issues 
of patriotism, such as the adequacy of health care funding for veterans 
or the fact that the number of veterans waiting for benefit 
determinations has increased

[[Page 15057]]

by approximately 80,000 since last year alone, we are going to use this 
bill to divert attention from those more pressing issues.
  Mr. Chairman, this bill is aimed at the Ninth Circuit Court of 
Appeals case, Newdow v. U.S. Congress, which held that the words 
``under God'' in the Pledge are unconstitutional in the context of 
public school recitations. I happen to disagree with that decision and 
I agree with the dissent in that case which stated, ``Legal world 
abstractions and ruminations aside, when all is said and done, the 
danger that `under God' in our Pledge of Allegiance will tend to bring 
about a theocracy or suppress someone's belief is so miniscule as to be 
de minimis. The danger that the phrase represents to our first 
amendment's freedoms is picayune at best.''
  I agree with that language, Mr. Chairman. So as we discuss the 
constitutionality of ``under God'' in the Pledge, we must recognize 
that every bill that is introduced, every hearing we have, every vote 
that we take on the issue enhances the importance of this issue and 
these actions serve to chip away at the de minimis argument and 
actually increase the chance that the court will ultimately decide that 
the Pledge is unconstitutional.
  The simple fact is that we need to respect the Constitution and the 
right of courts to decide whether the Pledge is constitutional or not. 
But the majority will not do that. H.R. 2389 is a court-stripping bill 
as the bill does not address the substance of the arguments pro and 
con, it just prohibits Federal courts, including the Supreme Court, 
from deciding the case.
  This bill is a blatant attempt to prevent the judicial branch from 
doing its job. The foundation of our democracy rests on the principle 
of checks and balances of power among three coequal branches, and this 
bill is a flagrant disregard of that principle. In addition, this bill 
will result in unprecedented confusion as each State court will decide 
how to interpret the Federal Constitution.
  It also sets a poor precedent that at any time we are considering a 
bill that might be found unconstitutional by the courts, we might just 
prohibit the courts from saying so by taking away their right to hear 
the case.
  Mr. Chairman, this bill would strip Federal courts from their ability 
to hear cases that are clearly within Federal jurisdiction because 
those cases address Federal constitutional rights and individual 
liberties guaranteed under the Bill of Rights, and many rights may be 
involved because the bill is not limited to cases addressing the words 
``under God.'' The recitation of the Pledge may in some situations 
implicate the right of free speech, the right of freedom of 
association, the right to free exercise of religion, the establishment 
clause protections, all guaranteed under the first amendment of the 
Constitution.
  The passage of this bill will mean that there will be no Federal law 
on a Federal constitutional question, not even a supreme law of the 
land to guide other Federal or State courts on the matter or to 
definitively state the law when there are inconsistent decisions in 
different States. So a Federal constitutional right could be applied 
inconsistently to American citizens simply because they live in 
different parts of the country.
  The need for a Federal review of many different rights that may be 
involved is not speculative. For example, Mr. Chairman, even before the 
words ``under God'' were in the Pledge, the Supreme Court in 1943 held 
in West Virginia Board of Education v. Barnette that a compulsory flag 
salute and accompanying Pledge were unconstitutional when required of a 
public school student in violation of the student's religious beliefs.
  In that case, the lawsuit was originally filed in Federal Court and 
was never considered in State court. If this legislation passes, State 
courts won't even have to follow prior Supreme Court precedents. The 
reason that State courts are prohibited from ignoring Supreme Court 
precedent is if they do so, the Supreme Court is there, ready and 
willing and able to reverse the State court's decision. But no more 
under this bill. We may well end up with 50 interpretations and 
applications of a single Federal constitutional right.
  For over 200 years, since Marbury v. Madison in 1803, the Supreme 
Court has been the final arbiter of what is constitutional and what is 
not. So while Congress has the power to regulate jurisdiction of 
Federal courts, the court-stripping language of H.R. 2389 grossly 
exceeds that power in violation of the principles of separation of 
powers.

                              {time}  1245

  If this court-stripping idea had been around in 1954, Congress could 
have prohibited the Supreme Court from hearing issues involving student 
assignment to public schools. We never would have had the decision of 
Brown v. Board of Education, or it could have passed in the 1960s, and 
the decision in the Federal court in Loving v. Virginia, to overrule 
the will of the people of Virginia and require Virginia to recognize 
racially mixed marriages, might not have ever happened.
  The judges in those decisions were described just as judges are 
described today: liberal, rogue, unelected, life-time appointed 
activist judges. But they made the right decisions in those cases. The 
truth is that we rely on Federal courts to determine and enforce our 
constitutional rights.
  America is more politically and religiously diverse than it was in 
1943, but instead of embracing that diversity, this bill would 
jeopardize our fundamental rights. We should instead adhere to the 
wisdom of the Supreme Court in the Barnette case which said, and I 
quote, ``The very purpose of a Bill of Rights was to withdraw certain 
subjects from the vicissitudes of political controversy and place them 
beyond the reach of majorities and officials, and to establish them as 
legal principles to be applied by the courts. One's right to life, 
liberty and property, to free speech, a free press, freedom of worship 
and assembly, and other fundamental rights may not be submitted to 
vote; they depend on the outcome of no elections.''
  Mr. Chairman, there are numerous legal, civil rights and religious 
organizations opposed to this legislation, including the American Bar 
Association, the ACLU, the American Jewish Committee, the Anti-
Defamation League, the Baptist Joint Committee, the Constitutional 
Project, the Leadership Conference on Civil Rights, Legal Momentum, the 
National Women's Law Center and People for the American Way.
  Mr. Chairman, I will ask unanimous consent to insert those letters 
into the Record at the appropriate time, and there are other 
organizations, of course, that are opposed to the bill. I urge my 
colleagues to vote ``no'' on this legislation.
                                                    June 14, 2006.
     Protect Separation of Powers and Religious Minorities' 
         Longstanding Constitutional Rights; Oppose Final Passage 
         of H.R. 2389.

       Dear Representative: We, the undersigned religious, civil 
     rights, and civil liberties organizations, urge you to oppose 
     H.R. 2389, the ``Pledge Protection Act,'' misguided 
     legislation that would strip all federal courts, including 
     the Supreme Court, from hearing First Amendment challenges to 
     the Pledge of Allegiance and from enforcing longstanding 
     constitutional rights in federal court.
       The signatories to this letter include organizations that 
     supported the court challenge to the constitutionality of 
     including ``under God'' in the Pledge of Allegiance, 
     organizations that opposed that challenge, and organizations 
     that took no position on the matter. We are united, however, 
     in believing that H.R. 2389 threatens the separation of 
     powers that is a fundamental aspect of our constitutional 
     structure. Beyond this, while the legislation ostensibly 
     responds to the controversy surrounding ``under God'' in the 
     Pledge of Allegiance, this legislation sweeps far more 
     broadly, with potentially severe constitutional implications 
     for religious minorities who are adversely affected by 
     government-mandated recitation of the Pledge.
       First and foremost, we are opposed to H.R. 2389 because 
     this legislation, by entirely stripping all federal courts, 
     including the Supreme Court, of jurisdiction over a 
     particular class of cases, threatens the separation of powers 
     established by the Constitution, and undermines the unique 
     function of the federal courts to interpret constitutional 
     law. This legislation deprives the federal courts of the 
     ability to hear cases involving religious and free speech 
     rights of students,

[[Page 15058]]

     parents, and other individuals. The denial of a federal forum 
     to plaintiffs to vindicate their constitutional rights would 
     force plaintiffs out of federal courts, which are 
     specifically suited for the vindication of federal interests, 
     and into state courts, which may be hostile or unsympathetic 
     to these federal claims, and which may lack expertise and 
     independent safeguards provided to federal judges under 
     Article III of the Constitution.
       In addition, as drafted, the bill would deny access to the 
     federal courts in cases to enforce existing constitutional 
     rights for religious minorities. Over sixty years ago, the 
     Supreme Court decided the case of West Virginia State Board 
     of Education v. Barnette, 319 U.S. 624 (1943). In Barnette, 
     the Supreme Court struck down a West Virginia law that 
     mandated schoolchildren to recite the Pledge of Allegiance. 
     Under the West Virginia law, religious minorities faced 
     expulsion from school and could be subject to prosecution and 
     fined, if convicted of violating the statute's provisions. In 
     striking down that statute, the Court reasoned: ``To believe 
     that patriotism will not flourish if patriotic ceremonies are 
     voluntary and spontaneous instead of a compulsory routine is 
     to make an unflattering estimate of the appeal of our 
     institutions to free minds . . . If there is any fixed star 
     in our constitutional constellation, it is that no official, 
     high, or petty can prescribe what shall be orthodox in 
     politics, nationalism, religion, or other matters of 
     opinion.'' 319 U.S. at 639-40.
       Moreover, a panel of the U.S. Court of Appeals for the 
     Third Circuit, holding unconstitutional two provisions of a 
     Pennsylvania law mandating recitation of the Pledge, said, 
     ``It may be useful to note our belief that most citizens of 
     the United States willingly recite the Pledge of Allegiance 
     and proudly sing the national anthem. But the rights embodied 
     in the Constitution, most particularly the First Amendment, 
     protect the minority--those persons who march to their own 
     drummers. It is they who need the protection afforded by the 
     Constitution and it is the responsibility of federal judges 
     to ensure that protection.'' Circle School v. Pappert, 381 
     F.3d 172, 183 (3d Cir. 2004).
       H.R. 2389 would undermine the longstanding constitutional 
     rights of religious minorities to seek redress in the federal 
     courts in cases involving mandatory recitation of the Pledge. 
     As a result, this legislation will seriously harm religious 
     minorities and the constitutional free speech rights of 
     countless individuals.
       H.R. 2389 also raises serious legal concerns about the 
     violation of the principles of separation of powers, equal 
     protection and due process. The bill undermines public 
     confidence in the federal courts by expressing outright 
     hostility toward them, threatens the legitimacy of future 
     congressional action by removing the federal courts as a 
     neutral arbiter, and rejects the unifying function of the 
     federal judiciary by denying federal courts the opportunity 
     to interpret the law. We strongly believe that this 
     legislation as drafted will have broad, negative implications 
     on the ability of individuals to seek enforcement of 
     previously constitutionally protected rights concerning 
     mandatory recitation of the Pledge. We therefore urge, in the 
     strongest terms, your rejection of this misguided and unwise 
     legislation.
           Sincerely,
       American Civil Liberties Union.
       American Humanists Association.
       American Jewish Committee.
       Americans for Democratic Action.
       Americans United for Separation of Church and State.
       Anti-Defamation League.
       Baptist Joint Committee.
       Buddhist Peace Fellowship.
       Central Conference of American Rabbis.
       Disciples Justice Action Network (Disciples of Christ).
       Equal Partners in Faith.
       Federation of Jain Associations in North America (JAINA).
       Friends Committee on National Legislation.
       Human Rights Campaign.
       Jewish Council For Public Affairs (JCPA).
       Leadership Conference on Civil Rights.
       Legal Momentum (formerly NOW Legal Defense and Education 
     Fund).
       National Council of Jewish Women.
       National Council of Negro Women, Inc.
       National Family Planning and Reproductive Health 
     Association (NFPRHA).
       National Gay and Lesbian Task Force.
       People For the American Way.
       Secular Coalition for America.
       Sikh Coalition.
       The Interfaith Alliance.
       The Workmen's Circle/ Arbeter Ring.
       Union for Reform Judaism.
       Unitarian Universalist Association of Congregations.
       Woodhull Freedom Federation.
                                  ____

                                                     June 9, 2006.
     Oppose the ``Pledge Protection Act,'' H.R. 2389.

     House of Representatives,
     Washington, DC.
       Dear Representative: We, the undersigned organizations 
     dedicated to protecting women's reproductive health and 
     rights, write to urge you to oppose H.R. 2389, the so-called 
     ``Pledge Protection Act.'' The implications of this bill go 
     far beyond the context of the Pledge of Allegiance. This bill 
     would set a dangerous precedent that would disrupt the 
     traditional separation of powers and undermine the 
     longstanding role of the federal judiciary in safeguarding 
     constitutional rights, including the right of reproductive 
     choice.
       H.R. 2389 would deny all federal courts--including the U.S. 
     Supreme Court--the jurisdiction to hear any cases concerning 
     the interpretation or constitutionality of the Pledge of 
     Allegiance. The bill would irreparably alter the relationship 
     between the judicial branch and the two other branches of the 
     federal government by depriving the federal courts of their 
     traditional role as interpreters of the U.S. Constitution. 
     Even more disturbing, unlike other previous versions of 
     court-stripping legislation, H.R. 2389 deprives even the U.S. 
     Supreme Court of jurisdiction, divesting the Court of its 
     historical role as the final authority on the U.S. 
     Constitution.
       We are deeply concerned about legislation like H.R. 2389 
     that strips federal courts of their important role in 
     safeguarding constitutional rights and freedoms. While the 
     target today is a controversial view of the Pledge of 
     Allegiance and the separation of church and state (a view 
     that the Supreme Court has not endorsed), there can be no 
     doubt that anti-choice lawmakers and their allies in Congress 
     intend to use this strategy to achieve other policy goals 
     that they are unable to accomplish without toppling the 
     delicate constitutional balance of powers that has served 
     this country for more than 200 years. In the past, Republican 
     leadership has discussed ``jurisdiction stripping'' measures 
     to achieve other social policy goals. While they have claimed 
     that the time is ``not quite ripe'' to apply this legislative 
     tactic to the issue of abortion, in fact, anti-choice 
     lawmakers have already made the attempt--in 2002, when 
     considering the Federal Abortion Ban. Although that 
     particular effort failed, passage of H.R. 2389 would set a 
     dangerous precedent for future attempts to strip federal 
     courts of jurisdiction to hear cases regarding reproductive 
     choice. The federal courthouse doors should not be closed to 
     women seeking to vindicate their right to obtain critical 
     reproductive health services.
       For these reasons, we urge you to oppose H.R. 2389.
           Sincerely,
       Center for Reproductive Rights.
       Choice USA.
       Feminist Majority.
       Legal Momentum.
       NARAL Pro-Choice America.
       National Abortion Federation.
       National Council of Jewish Women.
       National Family Planning and Reproductive Health 
     Association.
       National Organization for Women.
       National Partnership for Women & Families.
       National Women's Law Center.
       Planned Parenthood Federation of America.
       Sexuality Information and Education Council of the U.S. 
     (SIECUS).
                                  ____

                                             Leadership Conference


                                              on Civil Rights,

                                     Washington, DC, June 7, 2006.
     Re Oppose the ``Pledge Protection Act of 2005'' (H.R. 2389): 
         It Threatens Constitutional Protections and Civil Rights.

       Dear Judiciary Committee Member: On behalf of the 
     Leadership Conference on Civil Rights (LCCR), the nation's 
     oldest, largest, and most diverse civil rights coalition, we 
     urge you to vote against H.R. 2389, the ``Pledge Protection 
     Act of 2005.'' LCCR strongly opposes any proposal that would 
     eliminate access to the federal judiciary for any group of 
     Americans. H.R. 2389 would do just that: it would deny 
     constitutional rights to religious minorities by stripping 
     the courts of jurisdiction to hear some cases.
       For decades, the judicial branch has often been the sole 
     protector of the rights of minority groups against the will 
     of the popular majority. Any proposal to interfere with this 
     role through ``courtstripping'' proposals would set a 
     dangerous precedent that would harm all Americans. Allowing 
     the courthouse doors to be closed to any minority group, as 
     H.R. 2389 would do to religious minorities, is not only 
     unnecessary in itself, but will also set a dangerous 
     precedent that will undermine the rights of other minority 
     groups that may need to turn to the courts for justice.
       Further, H.R. 2389 threatens the separation of powers 
     established by the Constitution, and undermines the unique 
     function of the federal courts to interpret constitutional 
     law. It deprives federal courts of the ability to hear cases 
     involving religious and free speech rights of students, 
     parents, and other individuals. The denial of a federal forum 
     to plaintiffs to vindicate their constitutional rights would 
     force them out of federal courts, which are specifically 
     suited to hear such cases, and into state courts, which may 
     be hostile or unsympathetic to these federal claims and which 
     may lack the expertise and independent safeguards that 
     distinguish Article III courts.
       In West Virginia State Board of Education v. Barnette, 319 
     U.S. 624 (1943), the Supreme Court recognized the importance 
     of protecting the religious beliefs of all Americans,

[[Page 15059]]

     by striking down a West Virginia law that required 
     schoolchildren to recite the Pledge of Allegiance. The Court 
     reasoned: ``To believe that patriotism will not flourish if 
     patriotic ceremonies are voluntary and spontaneous instead of 
     a compulsory routine is to make an unflattering estimate of 
     the appeal of our institutions to free minds.'' H.R. 2389 
     would slam the federal courthouse doors to all religious 
     minorities trying to do nothing more than vindicate a 
     fundamental, existing constitutional right that they have had 
     for over 60 years.
       LCCR urges you to vote against H.R. 2389 because of the 
     dangers it poses to constitutional protections and to the 
     enforcement of civil rights laws. If you have any questions, 
     please feel free to contact Rob Randhava, LCCR Counsel or 
     Nancy Zirkin, LCCR Deputy Director. Thank you for your 
     consideration.
           Sincerely,
     Wade Henderson,
       Executive Director.
     Nancy Zirkin,
       Deputy Director.
                                  ____

                                           Baptist Joint Committee


                                        for Religious Liberty,

                                     Washington, DC, June 6, 2006.
       Dear Representative: The Baptist Joint Committee (BJC) 
     urges members of the Judiciary Committee to vote no on H.R. 
     2389, the so-called ``Pledge Protection Act,'' when 
     considered during markup tomorrow. The BJC is a 70-year-old 
     organization committed to the principle that religion must be 
     freely exercised, neither advanced nor inhibited by 
     government. We oppose any legislation that seeks to strip the 
     federal courts of their fundamental role in protecting 
     individual liberties.
       The existence of an independent judiciary, free from 
     political or public pressure, has been essential to our 
     Nation's success in protecting religious liberty for all 
     Americans. Indeed, the role of the federal courts has long 
     been recognized as essential in the battle for full religious 
     liberty. As Justice Jackson stated in the case of West 
     Virginia State Board of Education v. Barnett: ``The very 
     purpose of a Bill of Rights was to withdraw certain subjects 
     from the vicissitudes of political controversy, to place them 
     beyond the reach of majorities and officials and to establish 
     them as legal principles to be applied by the courts. One's 
     right to life, liberty, and property, to free speech, a free 
     press, freedom of worship and assembly, and other fundamental 
     rights may not be submitted to vote; they depend on the 
     outcome of no elections.'' 319 U.S. 624, 639 (1943).
       Moreover, the result of any particular case does not 
     undermine the important role of the judiciary. The misnamed 
     ``Pledge Protection Act'' represents a dangerous attack on 
     our tradition of religious freedom, on the constitutional 
     separation of powers and indeed our system of government. It 
     represents an unwarranted attempt to restrict the power of 
     the federal judicial system.
       Whatever the motivation, there is insufficient basis to 
     depart from a long-standing congressional custom against 
     using jurisdiction-stripping to control the federal courts. 
     Federal judicial review has consistently supported the proper 
     separation of church and state so vital to all Americans, and 
     we must trust that the courts will continue to do so. We ask 
     the Judiciary Committee to reject H.R. 2389.
           Sincerely,
     J. Brent Walker,
       Executive Director.
     K. Hollyn Hollman,
       General Counsel.
                                  ____

                                            Unitarian Universalist


                                 Association of Congregations,

                                     Washington, DC, June 6, 2006.
       Dear Representative: On behalf of more than 1,050 
     congregations that make up the Unitarian Universalist 
     Association, I urge you to oppose H.R. 2389, the ``Pledge 
     Protection Act''. As a tradition with a deep commitment to 
     religious pluralism, we believe that this legislation would 
     seriously undermine the First Amendment protections of the 
     Constitution, and particularly the rights of religious 
     minorities, by stripping federal courts, including the 
     Supreme Court, of jurisdiction over cases concerning the 
     Pledge of Allegiance.
       In resolutions dating back to 1961, the highest policy-
     making body of the Unitarian Universalist Association has 
     repeatedly affirmed the right of all Americans to religious 
     freedom, including the right of religious minorities in 
     public schools to not recite the Pledge of Allegiance. The 
     Supreme Court has agreed in the case of West Virginia State 
     Board of Education v. Barnette, 319 U.S. 624 (1943) that the 
     Pledge cannot be mandatory for public school students.
       Despite the Barnette ruling, we know from experience that 
     the practice of mandatory recitation continues. By 
     eliminating the mechanism for religious minorities to seek 
     relief from this practice through appeals to a federal court, 
     H.R. 2389 would have the practical effect of all but 
     eliminating the right itself. As a result, we believe that 
     this legislation will seriously harm religious minorities and 
     the constitutional free speech rights of countless parents 
     and children, many of whom are members of Unitarian 
     Universalist congregations and are involved in our religious 
     education programs.
       By undermining the power of federal courts to protect 
     constitutional rights affirmed by the U.S. Supreme Court, we 
     believe that H.R. 2389 would weaken the separation of powers 
     in a way that we find deeply troubling.
       The congregations of the Unitarian Universalist Association 
     collectively affirm and promote the right of conscience and 
     the use of the democratic process in society at large. We are 
     committed to the ideals of the founders of this nation, 
     including religious liberty and religious pluralism, as well 
     as the balance of powers that protects such rights.
       I urge you to preserve the rights of religious minorities, 
     as well as the constitutional separation of powers, by 
     opposing the ``Pledge Protection Act.''
           In Faith,
                                                Robert C. Keithan,
     Director.
                                  ____

                                           Religious Action Center


                                            of Reform Judaism,

                                     Washington, DC, June 6, 2006.
       Dear Representative: On behalf of the Union for Reform 
     Judaism, whose more than 900 congregations across North 
     America encompass 1.5 million Reform Jews, and the Central 
     Conference of American Rabbis (CCAR), whose membership 
     includes more than 1,800 Reform rabbis, I ask you to oppose 
     H.R. 2389, the Pledge Protection Act, when it is marked up by 
     the House Judiciary Committee tomorrow.
       As you know, the bill would strip federal courts, including 
     the Supreme Court, of their authority to hear First Amendment 
     cases pertaining to the Pledge of Allegiance. By supporting 
     this legislation, you risk compromising the traditional--and 
     vital--system of checks and balances upon which our 
     government was founded. In addition, the bill threatens the 
     ability of members of religious minorities to seek the 
     protection of the federal courts in cases where they feel 
     coerced into reciting the Pledge.
       What this legislation places at stake is nothing less than 
     the principle of the separation of powers that has allowed 
     our nation to flourish for more than two centuries. Americans 
     of all religious backgrounds, and of none, hold differing 
     views about the inclusion of the phrase ``under God'' in the 
     Pledge of Allegiance. The Movement I have the honor of 
     representing, for example, took no position when the Supreme 
     Court heard a case concerning the Pledge two years ago. Yet 
     H.R. 2389 is not about that contentious issue. By removing 
     cases involving the Pledge from the jurisdiction of the 
     federal courts, Congress would undermine the ability of those 
     courts to interpret constitutional law, the very core of the 
     courts' functions. Plaintiffs seeking to have their federal 
     rights upheld should not be forced to defend those rights in 
     state courts.
       In addition, H.R. 2389 threatens the rights of members of 
     religious minorities, such as Mennonites, Buddhists, and 
     others who in the past have been adversely affected by being 
     forced to recite the Pledge in violation of Supreme Court 
     rulings. Were H.R. 2389 to become law, elementary school 
     students who are punished for declining to participate in the 
     recitation of the Pledge based on their religious teachings 
     would not be able to have their rights upheld in federal 
     court. Under H.R. 2389 as currently drafted, even the Supreme 
     Court would not be allowed to hear the case and uphold the 
     child's rights. As a people who have long known the dangers 
     inherent in limiting the protections afforded religious 
     minorities, we are particularly sensitive to this effort to 
     restrict courts from protecting such minorities.
       The dangers of Congressional tampering with the 
     jurisdiction of the federal courts and restricting their 
     ability to uphold the rights of religious minorities could 
     not be graver. The very values upon which our nation was 
     founded--separation of powers and religious liberty--are 
     threatened by H.R. 2389. I strongly urge you to oppose this 
     perilous legislation.
           Sincerely,
                                                  Mark J. Pelavin,
     Associate Director.
                                  ____



                             National Council of Jewish Women,

                                       New York, NY, June 6, 2006.
     Hon. James Sensenbrenner,
     Chairman, House Judiciary Committee,
     Washington, DC.
       Dear Chairman Sensenbrenner: I am writing on behalf of the 
     90,000 members and supporters of the National Council of 
     Jewish Women (NCJW) in opposition to the ``Pledge Protection 
     Act of 2005'' (H.R. 2389) which would strip all federal 
     courts, including the Supreme Court, from hearing First 
     Amendment challenges to the Pledge of Allegiance and from 
     enforcing longstanding constitutional rights in federal 
     court.
       NCJW is a volunteer organization, inspired by Jewish 
     values, that works to improve the quality of life for women, 
     children, and families and to ensure individual rights and 
     freedoms for all. As such we must oppose the passage of any 
     legislation that threatens religious liberty and an 
     individual's access to the judicial process.
       This bill threatens the separation of powers that is a 
     founding principle of our nation

[[Page 15060]]

     and a key source of our liberties. In addition, it would 
     impose religious and ideological conformity regardless of 
     individual conscience, by preventing dissenting voices from 
     appealing to the courts.
       This attempt to restrict access to the courts is part of a 
     larger campaign to roll back political and religious freedom 
     by crippling the ability of the judicial branch of government 
     to defend civil and individual rights. If this bill moves 
     forward, it would undermine constitutional rights and the 
     judiciary.
       As Jews, we know that the power of the majority can become 
     the tyranny of the majority if left unchecked. H.R. 2389 
     would undermine the longstanding constitutional rights of 
     religious minorities to seek redress in the federal courts in 
     cases involving mandatory recitation of the Pledge.
           Sincerely,
                                                   Phyllis Snyder,
     President.
                                  ____



                                The American Jewish Committee,

                                     Washington, DC, June 7, 2006.
     Re Pledge Protection Act of 2005 (H.R. 2389).

       Dear Representative: On behalf of the American Jewish 
     Committee, the nation's oldest human relations organization 
     with over 150,000 members and supporters represented by 33 
     regional offices nationwide, I urge you to oppose the Pledge 
     Protection Act of 2005 (H.R. 2389).
       While AJC has not taken a position on the constitutionality 
     of including ``under God'' in the Pledge of Allegiance, we 
     believe that the federal courts must be available to hear 
     cases in which individuals contend that their First Amendment 
     rights have been violated. H.R. 2389 would strip all federal 
     courts, including the Supreme Court, of the jurisdiction to 
     hear First Amendment challenges to the Pledge. This 
     legislation threatens the separation of powers that is a 
     fundamental aspect of our constitutional structure and has 
     potentially severe constitutional implications for religious 
     minorities and others who are adversely affected when the 
     government impermissibly seeks to mandate the recitation of 
     the Pledge.
       Furthermore, this legislation would undermine public 
     confidence in the federal courts, threaten the legitimacy of 
     future congressional action by removing the federal courts as 
     a neutral arbiter, and reject the unifying function of the 
     federal judiciary by denying federal courts the opportunity 
     to interpret the law.
       Finally, as drafted, the bill would deny access to the 
     federal courts--even the Supreme Court--when individuals seek 
     redress in cases involving mandatory recitation of the 
     Pledge. As a result, this legislation will seriously 
     undermine constitutional guarantees of freedom of speech and 
     religion. Coercing students to say the Pledge of Allegiance 
     is contradictory to the very principles of conscience which 
     both our Constitution and the Pledge of Allegiance itself 
     represent. Students' First Amendment rights were protected in 
     the U.S. Supreme Court's landmark decision in West Virginia 
     State Board of Education v. Barnett, 319 U.S. 624 (1943) 
     (striking down a West Virginia law that mandated 
     schoolchildren to recite the Pledge of Allegiance), and, more 
     recently, in the decision of a federal appellate court in 
     Circle School v. Pappert, 381 F.3d 172 (3d Cir. 2004) 
     (holding that a Pennsylvania law mandating the recitation of 
     the Pledge, even when it provided a religious exception, 
     violated the Constitution because it violated the free speech 
     of the students). H.R. 2389 contradicts these significant 
     decisions by removing from the federal courts the 
     jurisdiction to hear these types of cases.
       For all of these reasons, the American Jewish Committee 
     urges you to vote against this misguided and unwise 
     legislation. Thank you for your consideration of our views on 
     this important matter.
           Respectfully,
                                                Richard T. Foltin,
     Legislative Director and Counsel.
                                  ____



                                      The Interfaith Alliance,

                                     Washington, DC, June 9, 2006.
       Dear Representative: As the president of the Interfaith 
     Alliance, I am writing to urge you vote ``No'' on passage of 
     the ``Pledge Protection Act'' (H.R. 2389). The Interfaith 
     Alliance is a nonpartisan, clergy-led organization that 
     represents over 150,000 members. We are committed to 
     promoting the positive and healing role of religion in public 
     life and challenging those who employ religion to promote 
     intolerance.
       If passed, H.R. 2389 would strip all federal courts, 
     including the U.S. Supreme Court, from hearing any cases that 
     have to deal with the Pledge of Allegiance. The Interfaith 
     Alliance has not taken a position either for or against the 
     inclusion of the phrase ``under God'' in the Pledge of 
     Allegiance. We will advocate, however, for the right of any 
     person of faith or of no faith at all to receive a fair 
     hearing by the federal courts if they feel their 
     Constitutional rights have been violated by this or any other 
     imposition of sectarian religious references in public 
     places. No citizen's rights or opportunities should depend on 
     religious beliefs or practices.
       This bill is not only an assault on the freedom of 
     conscience guaranteed by our Constitution; it also undermines 
     the federal courts' role of providing access to justice to 
     those who are in the religious minority and those in 
     religious majorities who believe that religious choices 
     should be couched in freedom and never imposed by law. If 
     passed, H.R. 2389 would slam the courthouse door and reduce 
     the phrase ``Equal Justice under Law'' to just a hollow 
     phrase above a courthouse that is off-limits to those who 
     fall outside of the Judeo-Christian tradition.
       It is time for congress to stop trying to curtail the power 
     of the federal judiciary, a fundamental component of our 
     nation's system of checks and balances. The efforts to 
     prevent the courts from hearing cases on gay marriage and the 
     Pledge of Allegiance, among others, appear to be nothing more 
     than an attempt to pander to a political base.
       Americans of all faiths--Buddhists, Hindus, Sikhs, Muslims, 
     Christians and Jews--and those who profess no faith--must 
     have the right to practice their religions and raise 
     challenges when they feel that there is a specific violation 
     of the clause in the First Amendment which guarantees that 
     ``Congress shall make no law respecting an establishment of 
     religion.'' How strange the times when the democratic process 
     founded to protect the rights of minorities is being used to 
     jeopardize or abolish the rights of minorities in the name of 
     religion.
       Although this legislation most directly affects those who 
     do not adhere to the mainline religious traditions in our 
     nation, in truth it diminishes any of us who see religious 
     liberty as a non-negotiable part of our American democracy. 
     H.R. 2389 is bad for the Constitution. It is bad for 
     religion.
       If there is anything that we at The Interfaith Alliance can 
     do to assist you in this important matter, please do not 
     hesitate to contact Preetmohan Singh, Senior Policy Analyst.
           Sincerely,
                                         Rev. Dr. C. Welton Gaddy,
      President, The Interfaith Alliance, Pastor of Preaching and 
     Worship, North Minister Baptist Church (Monroe, LA).
                                  ____



                                     The Constitution Project,

                               Washington, DC, September 21, 2004.
     House of Representatives,
     The Capitol,
     Washington, DC.
       Dear Members of the House of Representatives: I write on 
     behalf of the Constitution Project to urge you to oppose H.R. 
     2028, the ``Pledge Protection Act of 2003.''
       The Constitution Project, based at Georgetown University's 
     Public Policy Institute, specializes in creating bipartisan 
     consensus on a variety of legal and governance issues, and 
     promoting that consensus to policymakers, opinion leaders, 
     the media, and the public. We have initiatives on the death 
     penalty, liberty and national security, war powers, and 
     judicial independence (our Courts Initiative), among others. 
     Each of our initiatives is directed by a bipartisan committee 
     of prominent and influential businesspeople, scholars, and 
     former public officials.
       Our Courts Initiative works to promote public education on 
     the importance of our courts as protectors of Americans' 
     essential constitutional freedoms. Its co-chairs are the 
     Honorable Mickey Edwards, John Quincy Adams Lecturer at the 
     John F. Kennedy School of Government at Harvard University 
     and former chair of the House of Representatives Republican 
     Policy Committee (R-OK), and the Honorable Lloyd Cutler, a 
     prominent Washington lawyer and White House counsel to 
     Presidents Carter and Clinton.
       In 2000, the Courts Initiative created a bipartisan Task 
     Force to examine and identify basic principles as to when the 
     legislature acts unconstitutionally in setting the powers and 
     jurisdiction of the judiciary. The Task Force was unanimous 
     in its conclusion that some legislative acts restricting 
     courts' powers and jurisdiction are unconstitutional. The 
     Task Force also concluded that some legislative actions, even 
     if constitutional, are undesirable. (The Task Force's 
     findings and recommendations are published in Uncertain 
     Justice: Politics and America's Courts 2000.)
       Our Task Force arrived at seven bipartisan consensus 
     recommendations, including the following, which are relevant 
     to the legislation at hand:
       1. Congress and state legislatures should heed 
     constitutional limits when considering proposals to restrict 
     the powers and jurisdiction of the courts.
       2. Legislatures should refrain from restricting court 
     jurisdiction in an effort to control substantive judicial 
     decisions in a manner that violates separation of powers, due 
     process, or other constitutional principles.
       3. Legislatures should not attempt to control substantive 
     judicial decisions by enacting legislation that restricts 
     court jurisdiction over particular types of cases.
       4. Legislatures should refrain from restricting access to 
     the courts and should take necessary affirmative steps to 
     ensure adequate access to the courts for all Americans.
       Specifically, our Task Force was unanimous in its view that 
     there are some constitutional limits on the authority the 
     legislature to restrict court jurisdiction in an effort to 
     control substantive judicial decisions.

[[Page 15061]]

     In particular, separation of powers, due process, and other 
     constitutional provisions limit such authority. Task Force 
     members had differing views about the scope and source of the 
     constitutional limit on the legislature's power in this area. 
     For instance, some believed that restrictions on jurisdiction 
     become unconstitutional when they undermine the essential 
     role of the Supreme Court. Others relied on a reading of the 
     Vesting Clause of Article III, which places judicial power--
     the power to decide cases--in the hands of the courts alone. 
     Nonetheless, all believed that constitutional limitations 
     exist.
       Apart from the constitutionality of laws restricting 
     federal court jurisdiction, the Task Force was also unanimous 
     in its view that legislative acts stripping courts of 
     jurisdiction to hear particular types of cases in an effort 
     to control substantive judicial decisions are undesirable and 
     inappropriate in a democratic system with co-equal branches 
     of government. Legislative restriction of jurisdiction in 
     response to particular substantive decisions unduly 
     politicizes the judicial process, and attempts by 
     legislatures to affect substantive outcomes by curtailing 
     judicial jurisdiction are inappropriate, even if believed 
     constitutional. (Indeed, it was striking that members 
     reflecting a broad ideological range--from, for example, 
     Leonard Leo of the Federalist Society to Steven Shapiro of 
     the American Civil Liberties Union--agreed that restrictions 
     on jurisdiction to achieve substantive changes in the law are 
     unwise and undesirable policy.)
       The Task Force was also unanimous that legislation that 
     restricts access to the courts and precludes individuals from 
     using a judicial forum to enforce rights is undesirable and 
     unconstitutional. Rights are meaningless without a forum in 
     which they can be vindicated. Therefore, access to the courts 
     at both the federal and state levels is essential in order 
     for rights to have effect. Legislatures have the duty to 
     ensure meaningful access to the courts and legislative 
     actions that preclude this are undesirable and 
     unconstitutional.
       Our Task Force reached these conclusions and 
     recommendations rightly. From its beginning, our system of 
     constitutional democracy has depended on the independence of 
     the judiciary. Judges are able to protect citizens' basic 
     rights and decide cases fairly only if free to make decisions 
     according to the law, without regard to political or public 
     pressure. Similarly, the judiciary can maintain the checks 
     and balances essential to preserving a healthy separation of 
     powers only if able to resist overreaching by the political 
     branches. Indeed, the cornerstone of American liberty is the 
     power of the courts to protect individual rights from 
     momentary excesses of political and popular majorities.
       In recent years, as part of the polarization and posturing 
     that increasingly characterize our national and state 
     politics, threats to judicial independence have become more 
     commonplace. Attacks on judges for unpopular decisions, even 
     those made in good faith, have become more rampant. 
     Politicians are responding to unpopular decisions and 
     litigants by attempting to restrict courts' powers in certain 
     kinds of cases. However, Americans have much to lose if we do 
     not exercise self-restraint and instead choose short-term 
     political gain at the expense of judicial independence. The 
     independence of our judiciary is, as Chief Justice Rehnquist 
     described, ``one of the crown jewels of our system of 
     government.''
       In conclusion, while Article III of our Constitution gives 
     Congress the power to regulate federal court jurisdiction, 
     this power is not unlimited, and Congress should not--and in 
     some instances may not --use its power to restrict federal 
     court jurisdiction in ways that infringe upon separation of 
     powers, violate individual rights and equal protection, or 
     offend federalism. H.R. 2028 is poised to do all three by 
     stripping federal courts--including even the U.S. Supreme 
     Court--of the authority to hear cases involving the Pledge of 
     Allegiance, even when such cases involve First Amendment 
     issues of free speech and freedom of religion. It sets the 
     dangerous precedent of transferring questions of federal and 
     constitutional law exclusively to state courts and preventing 
     American citizens from seeking protection of fundamental 
     rights in federal court, and it threatens the critical and 
     unique role that the federal courts play in constitutional 
     balance of powers, interpreting and enforcing constitutional 
     law, and providing legal certainty.
       For these reasons, as well as those detailed our Task 
     Force's findings and recommendations, the Constitution 
     Project urges you to oppose H.R. 2028. Thank you for your 
     consideration.
           Sincerely,
                                                Kathryn A. Monroe,
     Director, Courts Initiative.
                                  ____



                                     American Bar Association,

                                    Washington, DC, July 18, 2006.
     Re H.R. 2389, the Pledge Protection Act of 2005.

       Dear Representative: We understand that the House is 
     scheduled to consider H.R. 2389 tomorrow. We are writing to 
     express our opposition to this legislation, which would strip 
     from all federal courts jurisdiction to hear constitutional 
     challenges to the interpretation of, or the validity of, the 
     Pledge of Allegiance.
       Our views on H.R. 2389 are informed by our long-standing 
     opposition to legislative curtailment of the jurisdiction of 
     the Supreme Court of the United States and the inferior 
     federal courts for the purpose of effecting changes in 
     constitutional law. The ABA has taken no position on the 
     underlying issues regarding recitation of the Pledge of 
     Allegiance in public schools; instead, our strong opposition 
     to H.R. 2389 and other pending legislation that would strip 
     the federal courts of jurisdiction to hear selected types of 
     constitutional cases is based on our concern for the 
     integrity of our system of government.
       This legislation would authorize Congress to use its 
     regulatory power over federal jurisdiction to advance a 
     particular legislative outcome by insulating it from 
     constitutional scrutiny by the federal judiciary. In addition 
     to being constitutionally suspect, this legislation would 
     establish a dangerous precedent if enacted. As a matter of 
     policy, Congress should not jettison our foundational 
     principles because of current dissatisfaction with a 
     controversial decision of the Supreme Court or lower federal 
     courts by permanently stripping the jurisdiction of the 
     federal courts to hear certain categories of cases. Rather 
     than strengthening its legislative role, Congress, by 
     pressing its own checking power to the extreme, imperils the 
     entire system of separated powers.
       If enacted, H.R. 2389 would restrict the role of the 
     federal courts in our system of checks and balances and 
     thereby limit the ability of the federal courts to protect 
     the constitutional rights of all Americans. Indeed, this 
     legislation would leave the state courts as the final 
     arbiters of federal constitutional law, creating the 
     possibility that some state judges might choose not to follow 
     Supreme Court precedents. Because the legislation would 
     nullify the Supremacy Clause in certain classes of cases, the 
     Constitution could mean something different from state to 
     state; and, contrary to the expressed intentions of the 
     Framers, our fundamental rights and the balance of power 
     among the branches would be subject to evanescent majority 
     opinion.
       At a time when Congress is accusing the federal courts of 
     overstepping their constitutional role and calling for 
     judicial restraint, we urge you to likewise exercise 
     legislative restraint and demonstrate your continued 
     commitment to the doctrine of separation of powers and a 
     government composed of separate but coequal branches by 
     voting to defeat passage of H.R. 2389.
       If you have any questions regarding our position, please 
     have your staff contact Denise Cardman, Deputy Director of 
     the Governmental Affairs Office.
           Sincerely,
     Robert D. Evans
                                  ____



                               American Civil Liberties Union,

                                     Washington, DC, June 6, 2006.
     Re Don't Shut the Federal Courthouse Doors to Religious 
         Minorities; Oppose H.R. 2389

       Dear Representative: The American Civil Liberties Union 
     strongly urges you to oppose H.R. 2389, ``the Pledge 
     Protection Act of 2005.'' H.R. 2389 is an extreme measure 
     that would remove jurisdiction from all federal courts, 
     including the Supreme Court, over any constitutional claim 
     involving the Pledge of Allegiance or its recitation.
       H.R. 2389 would slam shut the federal court house doors to 
     religious minorities, parents, schoolchildren and others who 
     seek nothing more than to have their religious and free 
     speech claims heard before the courts most uniquely suited to 
     entertain such claims. Further, by entirely stripping all 
     federal courts of jurisdiction over a particular class of 
     cases, H.R. 2389 raises serious legal concerns, violating 
     principles of separation of powers, equal protection and due 
     process. The bill undermines public confidence in the federal 
     courts by expressing outright hostility toward them, 
     threatens the legitimacy of future congressional action by 
     removing the federal courts as a neutral arbiter, and rejects 
     the unifying function of the federal judiciary by denying 
     federal courts the opportunity to interpret the law. H.R. 
     2389 would deny the U.S. Supreme Court its historical role as 
     the final authority on resolving differing interpretations of 
     federal constitutional rights. As a result, each of the 50 
     state supreme courts would be a final authority on these 
     federal constitutional questions. This would potentially 
     create a situation where we could have as many as 50 
     different interpretations of any relevant federal 
     constitutional question.
       It is in apparent recognition of many of these concerns 
     that no federal bill withdrawing federal jurisdiction in 
     cases involving fundamental constitutional rights has become 
     law since the Reconstruction period. Federal courts were 
     established to interpret federal law and to ensure that the 
     states and the government did not violate the protections in 
     the federal constitution. An effort to deny the federal 
     courts, particularly the U.S. Supreme Court, of jurisdiction 
     over the very sort of claim they were established to hear--
     governmental conduct that violates a constitutional right--is 
     an extreme attack on the role of federal courts in our system 
     of checks and balances. It strikes at the very intent of the 
     Founders.

[[Page 15062]]

       While the supporters of this bill see it as an appropriate 
     response to recent court decisions that they dislike 
     concerning the words ``under God'' in the Pledge, the impact 
     of H.R. 2389 would NOT be limited merely to that issue. This 
     bill would remove jurisdiction over ALL constitutional 
     claims, related to the pledge, from ALL federal courts. This 
     could potentially undermine decades of well-established 
     Supreme Court precedents by denying access to the federal 
     courts in cases brought to enforce existing constitutional 
     rights for religious minorities. For example, over sixty 
     years ago, the Supreme Court decided the case of West 
     Virginia State Board of Education v. Barnette, 319 U.S. 624 
     (1943). In Barnette, the Supreme Court struck down a West 
     Virginia law that mandated schoolchildren to recite the 
     Pledge of Allegiance. Under the West Virginia law, religious 
     minorities faced expulsion from school and could be subject 
     to prosecution and fined, if convicted of violating the 
     statute's provisions. In striking down that statute, the 
     Court reasoned: ``To believe that patriotism will not 
     flourish if patriotic ceremonies are voluntary and 
     spontaneous instead of a compulsory routine is to make an 
     unflattering estimate of the appeal of our institutions to 
     free minds * * *. If there is any fixed star in our 
     constitutional constellation, it is that no official, high or 
     petty can prescribe what shall be orthodox in politics, 
     nationalism, religion, or other matters of opinion.'' 319 
     U.S. at 639-40.
       In 2004, a panel of the U.S. Court of Appeals for the Third 
     Circuit held that a Pennsylvania law mandating recitation of 
     the Pledge, even when it provided a religious exception, 
     violated the Constitution because it violated the free speech 
     rights of the students. Circle School v. Pappert, 381 F.3d 
     172 (3d Cir. 2004). In Pappert, the court found that: ``It 
     may be useful to note our belief that most citizens of the 
     United States willingly recite the Pledge of Allegiance and 
     proudly sing the national anthem. But the rights embodied in 
     the Constitution, particularly the First Amendment, protect 
     the minority--those persons who march to their own drummers. 
     It is they who need the protection afforded by the 
     Constitution and it is the responsibility of federal judges 
     to ensure that protection.'' Pappert, 381 F.3d at 183.
       First comes marriage then comes the Pledge . . . Where will 
     it end? Passage of H.R. 2389 would set a dangerous precedent 
     for responses by Members of Congress to court decisions with 
     which they disagree. In the 109th Congress alone, Congress is 
     considering court-stripping legislation related to the Pledge 
     of Allegiance, marriage, governmental acknowledgement of God, 
     and impeachment of judges for considering certain religion 
     cases.
       Over the years, Congress has considered legislation 
     designed to strip court jurisdiction on the issues such as 
     public school busing, voluntary prayer and abortion. 
     Fortunately, none of those proposals was adopted by Congress 
     because legislators understood that setting a precedent for 
     stripping the courts of their jurisdiction over a particular 
     issue might, in the future, be used by some other group of 
     advocates, when in the majority, to establish its views as 
     the law of the land, safely out of the reach of the courts. 
     We urge members of this Committee to oppose passage of H.R. 
     2389 and not to abandon this tradition of thoughtfulness and 
     restraint.
       Please do not hesitate to contact Terri Schroeder at (202) 
     675-2324 if you have any questions.
           Sincerely,
                                             Caroline Fredrickson,
                                                         Director.
                                               Terri A. Schroeder,
     Legislative Analyst.
                                  ____

         Americans United for Separation of Church and State,
                                     Washington, DC, June 7, 2006.
     Reject Efforts to Slam Federal Courthouse Doors on Religious 
         Minorities and Vote ``No'' on H.R. 2389
       Dear Representative: Americans United for Separation of 
     Church and State urges you to vote ``No'' on passage of H.R. 
     2389, the ``Pledge Protection Act,'' which is being marked up 
     by the House Judiciary Committee this week. Americans United 
     represents more than 75,000 individual members throughout the 
     fifty states and in the District of Columbia, as well as 
     cooperating houses of worship and other religious bodies 
     committed to the preservation of religious liberty. H.R. 2389 
     is an extreme and unwise proposal that will undermine the 
     crucial separation of powers at the heart of our government 
     and deny religious minorities from seeking enforcement of 
     their longstanding constitutional rights in the federal 
     courts.
       H.R. 2389 would deprive all federal courts--including the 
     U.S. Supreme Court--of their ability to hear cases involving 
     the Pledge of Allegiance and to enforce longstanding 
     constitutional rights against coerced recitation of the 
     Pledge. Americans United firmly believes that the text, 
     history and structure of the Constitution, together with 
     important policy considerations, should lead the Judiciary 
     Committee to soundly defeat this dangerous and misguided 
     bill, as well as any other court-stripping proposal.


             The Pledge Protection Act is Unconstitutional

       Article III, Section I of the United States Constitution 
     creates the Supreme Court and provides the Congress with the 
     power to establish ``such inferior Courts as the Congress may 
     from time to time establish.'' Section 2 of Article III 
     delineates sets of cases that the federal courts may hear, 
     provides for areas of original jurisdiction of the U.S. 
     Supreme Court, and also provides for the appellate 
     jurisdiction of the Supreme Court in other areas ``with such 
     Exceptions, and under such Regulations as the Congress shall 
     make.''
       Under Section 2, Congress may have some degree of authority 
     to limit the Supreme Court's appellate jurisdiction, as well 
     as the jurisdiction of lower federal courts. Although the 
     extent of this congressional authority is in dispute and has 
     been the subject of academic commentary over the years, there 
     are clear limits to this authority--and these limits are also 
     found in the Constitution. With the Pledge Protection Act, 
     Congress makes its limited--and disputed--power in Section 2 
     more important than the fundamental due process rights of 
     citizens and the fundamental notion of separation of powers 
     underlying our government.


    The Pledge Protection Act Would Violate Due Process Rights and 
                   Undermine the Separation of Powers

       Basic due process demands an independent judicial forum 
     capable of determining federal constitutional rights. This 
     legislation deprives the federal courts of the ability to 
     hear cases involving fundamental free exercise and free 
     speech rights of students, parents, and other individuals. 
     Congress' denial of a federal forum to plaintiffs in a 
     specified class of cases would force plaintiffs out of 
     federal courts, which are specially suited for the 
     vindication of federal interests, and into state courts, 
     which may be hostile or unsympathetic to federal claims, and 
     which may lack expertise and independent safeguards provided 
     to federal judges under Article III of the Constitution. It 
     is in apparent recognition of this concern that no federal 
     bill withdrawing federal jurisdiction over cases involving 
     fundamental constitutional rights with respect to a 
     particular substantive area has become law in decades.
       Political frustration with controversial court decisions 
     during the second half of the twentieth century provoked 
     Congress to propose a number of court-stripping measures 
     designed to overturn court decisions touching on a wide 
     variety of issues, including: anti-subversive statutes, 
     apportionment in state legislatures, ``Miranda'' warnings, 
     busing, school prayer, abortion, racial integration, and 
     composition of the armed services. All of these measures 
     failed to pass Congress. In each instance, bipartisan 
     concerns over threats to the American system of government 
     and constitutional order gave way to a recognition of these 
     court-stripping measures for what they truly were: attempts 
     to circumvent the careful process required for amendments to 
     the U.S. Constitution. As Professor Michael J. Gerhardt 
     stated in his testimony regarding the ``Constitution 
     Restoration Act of 2004'' before the Subcommittee on Courts 
     on September 13, 2004: ``Efforts, taken in response to or 
     retaliation against judicial decisions, to withdraw all 
     federal jurisdiction or even jurisdiction of inferior federal 
     courts on questions of constitutional law are transparent 
     attempts to influence, or displace, substantive judicial 
     outcomes. For several decades, the Congress, for good reason, 
     has refrained from enacting such laws.'' Like so many failed 
     court-stripping measures that have come before it, the Pledge 
     Protection Act represents yet another illegitimate short cut 
     to amending the Constitution, is against the weight of 
     history, and must fail.


The Pledge Protection Act is Extreme, Unwise, and Represents Misguided 
                                 Policy

       As drafted, the bill would slam the courthouse doors to 
     religious minorities trying to gain protection for their 
     fundamental constitutional religious and free speech rights. 
     Over sixty years ago, the Supreme Court decided the case of 
     West Virginia State Board of Education v. Barnette, 319 U.S. 
     624 (1943). In Barnette, the Supreme Court struck down a West 
     Virginia law that mandated schoolchildren to recite the 
     Pledge of Allegiance. Under the West Virginia law, religious 
     minorities faced expulsion from school and could be subject 
     to prosecution and fined, if convicted of violating the 
     statute's provisions. In striking down that statute, the 
     Court reasoned: ``To believe that patriotism will not 
     flourish if patriotic ceremonies are voluntary and 
     spontaneous instead of a compulsory routine is to make an 
     unflattering estimate of the appeal of our institutions to 
     free minds .  .   . If there is any fixed star in our 
     constitutional constellation, it is that no official, high, 
     or petty can prescribe what shall be orthodox in politics, 
     nationalism, religion, or other matters of opinion.'' 319 
     U.S. at 639-40.
       Moreover, a panel of the U.S. Court of Appeals for the 
     Third Circuit, holding unconstitutional two provisions of a 
     Pennsylvania law mandating recitation of the Pledge, said, 
     ``It may be useful to note our belief that most citizens of 
     the United States willingly

[[Page 15063]]

     recite the Pledge of Allegiance and proudly sing the national 
     anthem. But the rights embodied in the Constitution, most 
     particularly the First Amendment, protect the minority--those 
     persons who march to their own drummers. It is they who need 
     the protection afforded by the Constitution and it is the 
     responsibility of federal judges to ensure that protection.'' 
     Circle School v. Pappert, 381 F.3d 172, 183 (3d Cir. 2004).
       The Pledge Protection Act is an attack on our very system 
     of government. Americans United strongly urges you to leave 
     the independence of the federal judiciary in tact, protect 
     longstanding constitutional rights of religious minorities in 
     the federal courts, and respect free speech rights of 
     countless individuals by rejecting this misguided 
     legislation.
       If you have any questions regarding this legislation or 
     would like further information on any other issues of 
     importance to Americans United, please do not hesitate to 
     contact Aaron D. Schuham, Legislative Director, at (202) 466-
     3234, extension 240.
           Sincerely,
                                               Rev. Barry W. Lynn,
     Executive Director.
                                  ____



                                  People for the American Way,

                                     Washington, DC, June 7, 2006.
     House of Representatives,
     Washington, DC.
       Dear Committee Member: On behalf of the more than 900,000 
     members and activists of People For the American Way, we 
     write to urge you to oppose H.R. 2389, the ``Pledge 
     Protection Act of 2005,'' when it comes before the Committee 
     today, June 7. This legislation would violate the First 
     Amendment, and would set a terrible precedent against the 
     separation of powers embodied in our Constitution that 
     protects the fundamental rights of all Americans.
       H.R. 2389 would eliminate any role for the federal courts, 
     including the U.S. Supreme Court, in challenges concerning 
     the constitutionality of the Pledge of Allegiance. This would 
     have an immediate and dramatic impact on the ability of 
     individual Americans to be free from government-coerced 
     speech or religious expression. For example, this legislation 
     would bar the federal courts from enforcing the U.S. Supreme 
     Court's 1943 decision in West Virginia State Board of 
     Education v. Barnette, which barred a local school district 
     from forcing children to recite the Pledge of Allegiance over 
     their religious objections.
       Apart from being unwise as a matter of policy, H.R. 2389 
     appears to be an unconstitutional overreach of Congress' 
     power under Article III regarding the federal judiciary, 
     particularly in light of the Fifth Amendment's due process 
     clause and the Fourteenth Amendment's equal protection 
     clause. Further, it would contradict common sense, and more 
     than 200 years of constitutional history, to allow Congress 
     to circumvent the words ``Congress shall make no law'' by 
     eliminating effective enforcement of the First Amendment by 
     the courts and the U.S. Supreme Court. We agree with U.S. 
     Senator Barry Goldwater who stated about a similar attempt to 
     strip federal courts of jurisdiction over fundamental rights 
     more than twenty four years ago: ``If there is no independent 
     tribunal to check legislative or executive action all the 
     written guarantees or rights in the world would amount to 
     nothing.''
       Nor are state courts the appropriate sole and final venue 
     for enforcement of federal constitutional rights. Indeed, 
     H.R. 2389 raises the prospect of 50 different interpretations 
     of the First Amendment. Guarantees of such fundamental rights 
     as freedom of religion, freedom of speech and freedom from 
     governmental religious coercion should not and cannot 
     properly be relegated to such jurisprudential uncertainty. We 
     note that the Reagan Administration, hardly an opponent of 
     federalism, rejected historical and textual arguments for 
     removing jurisdiction over federal constitutional questions 
     to state courts:
       ``Nor does it seem likely that the [Constitutional] 
     Convention would have developed the Exceptions Clause as a 
     check on the Supreme Court in such a manner that an exercise 
     of power under the Clause to remove Supreme Court appellate 
     jurisdiction would . . . vest [the power] in the state 
     courts. Hamilton regarded even the possibility of multiple 
     courts of final jurisdiction as unacceptable.''
       In addition, H.R. 2389 expressly sets the precedent for 
     future Congresses to completely bar U.S. citizens from 
     raising any judicial challenge to federal action. State 
     courts can only assert jurisdiction over the federal 
     government if it consents to be sued. Failing that consent, 
     individuals would be left without recourse to 
     unconstitutional actions of the Congress or the executive 
     branch. Unreviewable federal power to infringe on fundamental 
     individual rights of American citizens is alien to our 
     republic.
       Finally, H.R. 2389 threatens to disrupt the framework of 
     checks and balances on governmental power embodied in the 
     U.S. Constitution through the separation of powers by setting 
     the precedent for Congress to remove legislation from 
     constitutional review by the judicial branch. For all 
     practical purposes, Congress could become the sole arbiter of 
     constitutionality on any subject within its powers--or indeed 
     outside its powers since it could legislate away any 
     challenge to congressional interpretation of its own 
     authority. Litigation over the meaning of Article III, a 
     necessary part of the inevitable court challenge to H.R. 
     2389, could in of itself result in a constitutional crisis 
     deeply damaging to the separation of powers.
       H.R. 2389 would set a terrible precedent for separation of 
     powers and protection of individual rights. We urge you to 
     reject the premise that Congress is above the Constitution 
     and vote no on this legislation.
           Sincerely,
                                                    Ralph G. Neas,
                                                        President.
                                                       Tanya Clay,
     Director, Public Policy.
                                  ____



                                Secular Coalition for America,

                                     Washington, DC, June 9, 2006.
       Dear Representative: The Secular Coalition for America 
     urges you to oppose H.R. 2389, the so-called Pledge 
     Protection Act. Passage of this act would curtail the ability 
     of the judiciary to make Constitutional determinations. It 
     would interfere with the current protection of checks and 
     balances provided by having three independent branches of 
     government.
       It is up to the U.S. Senate to approve or disapprove of 
     federal judges. Thus the elected legislative body has both 
     the right and the duty to ensure that our judiciary is of the 
     highest quality. Once they are seated, it is essential that 
     the judicial branch maintain its independence. By allowing 
     the judiciary to be free of political pressures and majority 
     rule, minorities in our nation gain the protections afforded 
     by the First Amendment freedom of religion. This protection 
     has allowed members of minority religions (such as Jehovah's 
     Witnesses) as well as non-religious Americans to be free of 
     government required religious exercises. Individuals have 
     been free to exercise their own decisions of conscience in 
     public schools and governmental bodies.
       Nontheists oppose the 1954 change to the Pledge of 
     Allegiance, which turned that patriotic exercise into a 
     statement of religiously-based division of Americans and used 
     religion as a tool for political gain and theism as a litmus 
     test for patriotism. By inserting religion into government, 
     Americans who do not believe in God are relegated to a 
     second-class citizenship. Regardless of whether or not 
     individuals support the revision of the pledge however, it is 
     up to the judicial branch to enforce the Constitution, 
     including the Bill of Rights.
       Our nation has respected the separation of powers which our 
     founders so wisely created to prevent anyone branch from 
     gaining too much power. Congress must not encroach on the 
     judiciary's power to resolve constitutional issues. If 
     Congress passes constitutional laws, they should be upheld on 
     judicial review. If Congress passes laws deemed to be 
     unconstitutional, it is the duty of the judiciary to overturn 
     such laws. Without such checks and balances, the rights of 
     minorities guaranteed in the Bill of Rights would be 
     meaningless; the Constitution could not be enforced; and a 
     tyranny of the majority would ensue.
       Passage of HR 2389 creates a slippery slope that would 
     leave the judicial branch constrained to address only those 
     issues of which Congress approves. Any time the judicial 
     branch makes a decision unpopular with Congress, it could 
     simply pass legislation taking away the court's jurisdiction. 
     Passing this type of court-stripping legislation would 
     subvert the will, not only of the people, but of the founders 
     of our great nation.
           Sincerely,
                                          Lori Lipman Brown, Esq.,
     Director, Secular Coalition for America.
                                  ____



                                American Humanist Association,

                                     Washington, DC, June 8, 2006.
     Re Oppose H.R. 2389, the ``Pledge Protection Act of 2005.''
       Dear Representative, The American Humanist Association 
     (AHA) stands in opposition to H.R. 2389, the ``Pledge 
     Protection Act of 2005,'' which would prevent all federal 
     courts from hearing cases challenging or interpreting rights 
     granted by the First Amendment as they relate to Pledge of 
     Allegiance cases. We urge you to vote against this bill, 
     which would compromise long held American legal principles of 
     due process and separation of powers by shutting the federal 
     courthouse doors to large numbers of Americans.
       If passed, the Pledge Protection Act would set a dangerous 
     precedent by stripping federal courts of judicial 
     independence and paving the way to preventing federal judges 
     from ruling on other controversial social issues from 
     abortion and gun control to school vouchers and school 
     prayer. As we warned with the Marriage Protection Act of 2005 
     (H.R. 1100), attempts by Congress to strip the judiciary of 
     their power to review legislation are inequitable and will 
     open the door to more of the same. If the Pledge Protection 
     Act passes it will fuel the fires for similar bills.
       Denying access to the federal court system is unacceptable 
     to religious and Humanist minorities who have a due process 
     right to have their cases heard.

[[Page 15064]]

       The Pledge Protection Act presents a serious separation of 
     powers concern. Federal courts are uniquely prepared to 
     interpret federal constitutional concerns and to serve as a 
     check on the constitutionality of actions of Congress and the 
     Executive branch. That's why constitutional concerns are 
     raised when an attempt is made to block the courts from 
     reviewing and interpreting the constitutionality of a single 
     act.
       Congress should not disrupt the balance of power intended 
     by our Founding Fathers. Restricting the federal courts' 
     ability to protect First Amendment rights severely undermines 
     the American judicial system.
       Humanists are particularly concerned about this bill 
     because it would violate judicial independence in order to 
     undermine American citizens, in this case those of a minority 
     faith or no religion, the right to access federal courts to 
     challenge a piece of legislation.
       In the past Congress has rejected attempts to withdraw 
     controversial issues from the scope of federal courts and the 
     AHA encourages you to do so again at this important juncture. 
     We urge you to defend due process and separation of powers 
     and vote no on the Pledge Protection Act.
           Sincerely,
                                                       Mel Lipman,
                                                    AHA President.

  Mr. BLUNT. Mr. Chairman, yielding myself 15 seconds, I would like to 
point out that clearly this is in absolute agreement with Marbury v. 
Madison. Even in that case, the Chief Justice dismissed cases later 
when the Federal courts had not been granted jurisdiction.
  Granting jurisdiction is the constitutional job of this body.
  Mr. Chairman, I yield 4\1/2\ minutes to the gentleman from Florida 
(Mr. Stearns).
  Mr. STEARNS. Mr. Chairman, I thank my distinguished colleague from 
Missouri for yielding me time.
  The question was posed by the gentleman from New York and others is 
this Pledge Protection Act, H.R. 2389, constitutional? Is the whole 
concept of ``under God'' part of our Pledge constitutional? I submit 
this humble penny with Abraham Lincoln's picture on it. Do you know 
what it says on the side? ``In God We Trust.''
  Behind the Speaker's chair, ``In God We Trust.''
  At the Supreme Court they pray every day, asking for God's blessing. 
So Surely when we have a pledge, we should be able to use the word 
``under God.'' Throughout our history this concept, as the United 
States being a providential Nation, has been the cornerstone of our 
success.
  Would our Founding Fathers, if they were here today, decide to take 
``under God'' from the Pledge? I do not think so. In fact, let's go and 
look at what the Founding Fathers talked about. This belief in our 
Nation being under God is a central part of our heritage. History bears 
this out.
  Even before independence, a central theme among all forefathers was 
that our liberty flowed from our Creator. Josiah Quincy was one of 
these leaders. Not a lot of people know who he was. He was a 
charismatic leader in the American Revolution and outstanding lawyer. 
He wrote a series of anonymous articles for the Boston Gazette in which 
he opposed the Stamp Act and other British colonial policies. He, along 
with John Adams, bravely defended the British soldiers at a trial for 
the Boston Massacre, to show the world that the colonialists valued the 
rule of law above all.
  In 1774, he was sent as an agent to argue the colonial cause for 
independence in England. He perished on the journey over. Yet, before 
he left, these are his immortal words that he uttered: ``For under God, 
we are determined that wheresoever, whensoever, or howsoever we shall 
be called to make our exit, we will die free men.''
  Our Founding Fathers uttered similar statements time and time again, 
my colleagues, yet perhaps never more eloquently than the Declaration 
of Independence when even Thomas Jefferson penned the famous lines that 
``we hold these truths to be self-evident: that all men are created 
equal; that they are endowed by the Creator with certain unalienable 
rights; that among these are life, liberty and the pursuit of 
happiness.''
  This same man who first wrote about separation of church and state 
also acknowledged, ``The God who gave us life, gave us liberty at the 
same time.'' And so over the years our Nation's leaders have freely 
expressed their beliefs in a higher providence for this country.
  In our darkest hour, President Lincoln during the Civil War and later 
President Kennedy during the civil rights movement reaffirmed that this 
Nation was founded under God, and that all men and women living here 
are entitled by God to equal liberty.
  Even more recently, in the midst of the Cold War, my colleagues, 
President Reagan argued that ``freedom prospers when religion is 
vibrant and the rule of law under God is acknowledged.''
  So the whole idea of under God has been passed on from generation to 
generation. We are blessed by this concept. The Constitution was 
drafted to guard our liberties, obviously, our God-given liberties, and 
wisely established a system of checks and balances for our government 
structure. Mr. Akin pointed these out. The power of Congress to limit 
jurisdiction of the courts is one of those primary checks on the power 
of the judiciary. So this is all according to procedures that our 
Founding Fathers established.
  Article III, section 2 grants Congress the power to limit the 
jurisdiction of Federal courts. So what we are doing today is according 
to the Constitution.
  The Pledge Protection Act invokes the constitutional powers and 
removes the Pledge from the jurisdiction of Federal courts. I ask you 
to support this act. I urge my colleagues for future generations to 
acknowledge our providential point in history.
  Mr. NADLER. Mr. Speaker, the gentleman is commenting and his entire 
speech was about the desirability or the worth of the words ``under 
God,'' which I think almost everybody agrees with. The issue in this 
bill is court-stripping. Do we take away from the courts the right to 
decide, to protect people's rights?
  Mr. Speaker, Mr. Stearns may be right in everything that he is 
saying, but he does not seem to have the confidence that the courts 
will agree with him, because if he did, he would not be supporting this 
legislation.
  Mr. STEARNS. Mr. Chairman, will the gentleman yield?
  Mr. NADLER. I yield myself 10 seconds so I can yield to the gentleman 
from Florida.
  Mr. STEARNS. Would you agree that we here in Congress can have the 
right in the separation of powers to overrule the Supreme Court?
  Mr. NADLER. To overrule the Supreme Court? Certainly we do not have 
that.
  Mr. STEARNS. Not to overrule, but to pass laws here to check the 
balance of the Supreme Court?
  Mr. NADLER. We have the right, but I do not believe we have the 
right, given the fact that the Bill of Rights postdates the grant of 
the jurisdiction-setting authority in the Constitution, I do not think 
we have the right to take away from the Supreme Court the ability to 
protect constitutional rights.
  Mr. Chairman, I yield 5 seconds to the gentleman from Virginia (Mr. 
Scott).
  Mr. SCOTT of Virginia. Mr. Chairman, when I listed the organizations 
opposed to the bill, I inadvertently left off Americans United for 
Separation of Church and State and the National Council of Negro Women.
  Mr. NADLER. Mr. Chairman, I yield 5 minutes to the gentleman from 
California (Mr. Berman).
  Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding me time.
  As the gentleman pointed out, the gentleman from Florida gave a very 
compelling argument for why it is appropriate to have ``under God'' in 
the Pledge of Allegiance, and therefore concludes that since he thinks 
that is in jeopardy, based on the court case now moving through the 
judicial system arguing for stripping away the jurisdiction of the 
court to decide that issue.
  But the bill before us goes far beyond the issue of under God, and 
that is why I would like to ask if the majority whip, I would like to 
use my time to make sure that you and I have the same understanding of 
the purpose of this bill.
  Let's say, for example, that a school board in West Virginia decides 
that

[[Page 15065]]

every student in the school system must recite the Pledge of Allegiance 
at the beginning of the school day. And a Jehovah's Witness family goes 
to court, to State court, after this bill is passed and says, it is a 
violation of our religious principles to pledge allegiance to anyone 
other than God. We are prepared to make all kinds of statements with 
respect to our regard for the country, but we cannot pledge allegiance 
to anyone but God.
  And then that case goes to the State courts, and the West Virginia 
Supreme Court decides that, no, the school board is right. They have 
the right to compel every student in that school system to recite the 
pledge, even if it violates their religious principles. Or maybe it is 
telling an Orthodox Jewish child that they have to remove their skull 
cap for the recitation of the Pledge, and they say, no, if the West 
Virginia school board ruled that way, the individual's right to 
exercise their religious principles by keeping their skull cap on when 
they are outside and in this public arena is trumped by the school 
board's policy.
  Should the U.S. Supreme Court be able to take that case on appeal 
that compels a decision that a State court, that compels the recitation 
of the Pledge in a way that violates the fundamental free exercise of 
religion of a student? That is my question.
  Mr. BLUNT. If my friend is yielding to me, the principal sponsor of 
the bill, Mr. Akin, has said he would like to respond to that. If that 
is appropriate, I would like for that to be our response.
  Mr. BERMAN. Mr. Chairman, I yield to the gentleman from Missouri (Mr. 
Akin) 1 minute of the remaining time I have.
  Mr. AKIN. Mr. Chairman, as the gentleman made the scenario, let's 
assume the bill passes that we are discussing now, is signed by the 
President.
  Mr. BERMAN. My assumption is this bill is now law.
  Mr. AKIN. Now is law. What happens then is you are going to a 
particular State, you are saying West Virginia. And what happens is 
that a school board or something like that in the State decides to just 
basically go against what is already established Supreme Court policy.
  From 1944, the Supreme Court made the ruling that nobody is required 
to say the Pledge of Allegiance. We have no interest in changing that. 
We think that is good policy.
  Mr. BERMAN. Mr. Chairman, reclaiming my time. Because under this 
bill, they can decide to violate that Supreme Court decision, and the 
West Virginia Supreme Court, now the final arbiter of it, says, we did 
not like that decision in the first place, and now the Supreme Court 
cannot take jurisdiction of this case, so they decide to reverse, for 
West Virginia purposes, the Barnette case that the Supreme Court 
decided in 1944, and this bill strips away the jurisdiction of the 
Supreme Court to say, you did not follow our precedent.
  Mr. AKIN. What you are saying is, first of all, you are making, 
obviously you are taking this to a pretty extreme situation. You are 
saying a whole series of courts in West Virginia are going to overturn 
Supreme Court policy on the fact that people have to say the Pledge.
  So first of all, they are going completely against what the Federal 
courts have already established. They then expose themselves to the 
checks and balances within that State. In at least 45, probably more, 
of the States, there are provisions where those judges can be removed 
by the people of that State.
  Mr. BERMAN. Reclaiming my time. If you had stripped away the right of 
the U.S. Supreme Court, of the Federal courts to decide whether 
segregated schools, whether the doctrine of separate and equal should 
stand or whether it violated the 14th amendment of the Constitution, 
there are many States in this country where every State court would 
have affirmed that separate is equal, is compliant with the 14th 
amendment, and in many of those States, the voters in those States 
would have been quite happy with that decision.
  You have eliminated the Supreme Court's ability to review fundamental 
decisions involving first amendment rights.
  Mr. NADLER. Mr. Chairman, I will yield the gentleman 30 seconds, and 
yield for an answer to how he would have prevented, under this bill, 
all the States from negating the Supreme Court's Brown v. Board of 
Education ruling.

                              {time}  1300

  Mr. AKIN. Well, the situation is that you are dependent on this bill 
with the various checks and balances on the Supreme Courts in the 
States. That is, those justices could be impeached for violating the 
Supreme Court.
  Mr. BERMAN. And the voters of that State.
  Mr. AKIN. And the voters of that State. It depends on the State laws.
  Mr. BERMAN. The first amendment was to protect the exercise of 
religion, even if the majority didn't like that religion.
  Mr. AKIN. The bottom line is we have a system of republics. We have a 
system of federalism. We have 51 established republics, one federated 
and 50 States.
  Mr. BLUNT. Mr. Chairman, I yield 2 minutes to my neighbor from 
Arkansas (Mr. Boozman).
  Mr. BOOZMAN. Mr. Chairman, I come to the floor today to support this 
legislation that will preserve America's Pledge of Allegiance. This 
Congress is working to strengthen America to taking steps to continue 
job creation, keeping our economy growing, providing the tools that we 
need to fight the war on terrorism and address the problems that are 
leading to high energy prices.
  However, we also have a responsibility to take a few minutes today to 
reinforce the spirit and unity of the American people by protecting our 
Pledge. The Pledge of Allegiance is not just a statement that our kids 
rehearse in schools, it is an expression of we as Americans.
  The American people are united by devotion, not just to our flag but 
to our country. Our devotion is not just to our public, but to our 
principles, including liberty and justice for all. Our shared Pledge of 
Allegiance should not be rewritten on a whim by a few judges against 
the will of the overwhelming majority of American public.
  That is why this legislation is so important, and I appreciate Mr. 
Blunt's and Mr. Akin's leadership on this issue. The Pledge Protection 
Act, which has 197 cosponsors, passed the House in the 108th Congress 
by a wide margin. Article III of the Constitution gives Congress the 
authority to pass this legislation. We should use this authority with 
restraint.
  But when it comes to protecting America's Pledge of Allegiance, we 
should take these thoughtful steps to exercise the will of the American 
people.
  Mr. NADLER. Mr. Chairman, I yield 2\1/2\ minutes to the distinguished 
gentleman from California (Mr. Rohrabacher).
  Mr. ROHRABACHER. Mr. Chairman, I rise in opposition to this bill, and 
it does pain me to be on the other side of a piece of legislation that 
so many of my friends are advocating so sincerely on the other side.
  Mr. Chairman, I yield to no one in my commitment to the Pledge of 
Allegiance, and the Pledge of Allegiance that includes the words 
``under God.'' However, it does not follow that the appropriate way to 
deal with this issue is to strip Federal courts of their jurisdiction 
to hear cases relating to the Pledge of Allegiance.
  First of all, I don't believe that my colleagues who support H.R. 
2389 realize the consequences of this bill, even though we just had a 
discussion about what those consequences might be. H.R. 2389 does not 
strip State and local courts from jurisdiction related to the Pledge, 
only the Federal courts, and specifically strips the U.S. Supreme Court 
of its ability to overrule State supreme courts in this matter.
  So, for example, if the highest court in a State like Massachusetts 
rules that it is unconstitutional under the Constitution for the State 
schools to start their day with a Pledge of Allegiance, including the 
words, ``under God,'' H.R. 2389 would prohibit the U.S.

[[Page 15066]]

Supreme Court from overturning that decision. Such a result would be 
ironically and supremely counter to the stated goals of this bill's 
proponents.
  But that is what would become the result of this language becoming 
law. Members on my side of the aisle should seriously consider the 
consequences of the precedents that are being set.
  Republican support for court-stripping makes it that much easier for 
the other side to someday strip a conservative Supreme Court of 
jurisdiction on an issue paramount to our liberty. For example, if our 
judges on the Court remain devoted to the second amendment, rather than 
upholding a universal gun ban that is put into place by a future 
President and Congress, and the other party, they will accuse our 
President of stripping the court in order to get their way.
  Here we are neutering our ability to have protections for the 
constitutional things we believe in the future, in order to achieve a 
temporary, I might even say a political, goal in the Pledge of 
Allegiance.
  The supporters of H.R. 2389 will come to regret this day when they 
are being quoted by some future liberal Congress in order to strip the 
Court of a decision made to protect our liberties.
  Mr. Chairman, let us consider the long-term consequences of our 
actions and let us look before we leap. I would suggest that we vote 
``no'' on this. That is the Reagan and conservative position.
  Mr. BLUNT. Mr. Chairman, I yield 2 minutes to the gentleman from 
Tennessee (Mr. Wamp).
  Mr. WAMP. I thank the distinguished majority whip.
  Mr. Chairman, with respect, religion in the United States is rightly 
pluralistic. We are or in no way should we be theocratic at all. As a 
matter of fact, one of the great threats in the world today, jihadism, 
is born out of theocracy.
  That doesn't mean, though, that this country should be godless. One 
of my greatest, one of the great sayings I love is if there is no God, 
nothing matters. But if there is a God, nothing else matters. We should 
remember that today.
  Abraham Lincoln said we do not claim to have God on our side, but we 
strive to be on his. We should not and cannot rewrite history to ignore 
our spiritual heritage. It surrounds us. It cries out for our country 
to honor God and to seek and supplicate His will in our country's life.
  Today the people from my State of Tennessee would listen to this 
debate, or even talk about a reference to God on our money or in the 
Halls of Congress or in our Pledge and say, please, let common sense 
and logic win the day and prevail versus legal mumbo jumbo.
  In closing, let me just thank God, on the floor of the House, for not 
turning away from us even though we seem to be turning away from Him.
  Mr. NADLER. Mr. Chairman, I now yield 3 minutes to the distinguished 
ranking member of the Judiciary Committee, the gentleman from Michigan 
(Mr. Conyers).
  Mr. CONYERS. I thank the ranking chairman of the Constitutional 
Subcommittee, Mr. Nadler, for yielding to me. I commend him for the 
incredible work that we have done to try to bring understanding to how 
difficult and unworkable this so-called Pledge Protection Act is.
  Mr. Chairman, I hold in my hands this letter that has just come in to 
the Judiciary Committee from the American Bar Association, their 
Governmental Affairs Office.
  The controlling sentence is this: ``As a matter of policy, Congress 
should not jettison our foundational principles because of current 
dissatisfaction with the controversial decision of the Supreme Court or 
lower Federal courts by permanently stripping the jurisdiction of the 
Federal courts to hear certain categories of cases. Rather than 
strengthening its legislative role, Congress, by pressing its own 
checking power to the extreme, imperils the entire system of separated 
powers.''
  Ladies and gentlemen, this unconstitutional court-stripping bill, and 
it would be found unconstitutional if enacted, is only the latest 
attempt by a Congress to force a pluralist society into a one-size-
fits-all set of beliefs. This is a remarkable violation of the 
separation of powers and the establishment clause.
  If the act were to become law, it would clearly be held 
unconstitutional. Only State courts would be able to constitutionally 
challenge the Pledge, and so we would therefore end up with a 50-State 
collection of views as to what the free exercise clause, the 
establishment clause, meant in this context.
  In addition, think of what this means to those groups that depend on 
this provision of our law not to be able to bring their issues to the 
court. This legislation would strip all Federal courts, including the 
Supreme Court, from hearing first amendment challenges to the Pledge of 
Allegiance and from enforcing longstanding constitutional rights in the 
court, and would slam the Federal courthouse door on religious 
minorities trying to do nothing more than enforce a fundamental 
constitutional right that they have had for over 60 years.
  Please, let us turn this Pledge Protection Act down this afternoon.

                                         American Bar Association,


                                    Government Affairs Office,

                                    Washington, DC, July 18, 2006.
     Re H.R. 2389, the Pledge Protection Act of 2005.

       Dear Representative: We understand that the House is 
     scheduled to consider H.R. 2389 tomorrow. We are writing to 
     express our opposition to this legislation, which would strip 
     from all federal courts jurisdiction to hear constitutional 
     challenges to the interpretation of, or the validity of, the 
     Pledge of Allegiance.
       Our views on H.R. 2389 are informed by our long-standing 
     opposition to legislative curtailment of the jurisdiction of 
     the Supreme Court of the United States and the inferior 
     federal courts for the purpose of effecting changes in 
     constitutional law. The ABA has taken no position on the 
     underlying issues regarding recitation of the Pledge of 
     Allegiance in public schools; instead, our strong opposition 
     to H.R. 2389 and other pending legislation that would strip 
     the federal courts of jurisdiction to hear selected types of 
     constitutional cases is based on our concern for the 
     integrity of our system of government.
       This legislation would authorize Congress to use its 
     regulatory power over federal jurisdiction to advance a 
     particular legislative outcome by insulating it from 
     constitutional scrutiny by the federal judiciary. In addition 
     to being constitutionally suspect, this legislation would 
     establish a dangerous precedent if enacted. As a matter of 
     policy, Congress should not jettison our foundational 
     principles because of current dissatisfaction with a 
     controversial decision of the Supreme Court or lower federal 
     courts by permanently stripping the jurisdiction of the 
     federal courts to hear certain categories of cases. Rather 
     than strengthening its legislative role, Congress, by 
     pressing its own checking power to the extreme, imperils the 
     entire system of separated powers.
       If enacted, H.R. 2389 would restrict the role of the 
     federal courts in our system of checks and balances and 
     thereby limit the ability of the federal courts to protect 
     the constitutional rights of all Americans. Indeed, this 
     legislation would leave the state courts as the final 
     arbiters of federal constitutional law, creating the 
     possibility that some state judges might choose not to follow 
     Supreme Court precedents. Because the legislation would 
     nullify the Supremacy Clause in certain classes of cases, the 
     Constitution could mean something different from state to 
     state; and, contrary to the expressed intentions of the 
     Framers, our fundamental rights and the balance of power 
     among the branches would be subject to evanescent majority 
     opinion.
       At a time when Congress is accusing the federal courts of 
     overstepping their constitutional role and calling for 
     judicial restraint, we urge you to likewise exercise 
     legislative restraint and demonstrate your continued 
     commitment to the doctrine of separation of powers and a 
     government composed of separate but coequal branches by 
     voting to defeat passage of H.R. 2389.
       If you have any questions regarding our position, please 
     have your staff contact Denise Cardman, Deputy Director of 
     the Governmental Affairs Office.
           Sincerely,
                                                  Robert D. Evans.

  Mr. BLUNT. Mr. Chairman, I yield 2 minutes to the gentleman from 
Indiana (Mr. Pence).
  Mr. PENCE. I thank the distinguished majority whip for yielding.
  Mr. Chairman, I rise in strong support of the Pledge Protection Act 
and commend its author, the gentleman from Missouri (Mr. Akin) for his 
yeoman's work on this thoughtful legislation.
  As a member of the Judiciary Committee, I admire my colleagues on the

[[Page 15067]]

other side of the aisle for their intellectual acumen and their 
commitment to their view and their philosophy of government. But while 
each of us may have a different philosophy of government, we don't get 
to have different facts.
  The clear policy of Article III, section 2 of the United States 
Constitution reads, ``In all other cases before mentioned, the Supreme 
Court shall have developed jurisdiction, but it is the law and the fact 
with such exceptions and under such exceptions as the Congress shall 
make.'' It is black letter law in the Constitution of the United States 
of America that this body, this Congress, shall have the authority to 
set the jurisdiction of the courts.
  So if I may say, respectfully, let us stop with all the conversation 
about anticonstitutional action being taken. In fact, restricting the 
Federal courts' jurisdiction is a common practice in the House of 
Representatives, and a long litany of recent legislation, like the 
Black Hills National Forest, the recent Class Action Fairness Act, 
attests to that.
  But we are here about the business of protecting the contents of the 
Pledge of Allegiance, which some Federal courts have either resolved as 
unconstitutional or left unresolved.
  We stand here today to say those words, which appear above you, Mr. 
Chairman, in the phrase ``in God we trust'' in our national model, 
words which were reflected in our founding documents that speak of a 
Nation that believes its rights are endowed by our Creator, and words 
that President Abraham Lincoln spoke at Gettysburg, that this is one 
Nation under God, be protected and vouchsafed in our Pledge.
  Let us take this jurisdiction away, which is our constitutional power 
to do, and leave that power with the people of the United States and 
the States severally.
  Mr. NADLER. Mr. Chairman, I yield to the gentleman from Texas for a 
unanimous consent request.
  Mr. GENE GREEN of Texas. I thank my colleague for yielding.
  Mr. Chairman, I rise today in support of H.R. 2389, the Protect the 
Pledge Act.
  I strongly support the Pledge of Allegiance. In fact, in the 107th 
Congress I introduced H.J. Res. 103, an amendment to the Constitution 
that would affirm that the Pledge of Allegiance in no way violates the 
First Amendment.
  Unfortunately, Congress did not pass the resolution before it 
adjourned for the 107th Congress.
  As an original cosponsor of H.R. 2389, I believe it is necessary to 
protect the Pledge of Allegiance from unnecessary court battles, but 
without infringing on the rights of the people.
  Article III of the Constitution states that Congress has the power to 
define jurisdiction of Federal district and appellate courts.
  This bill still allows for our system of checks and balances to work 
as it has for over 200 years.
  The Pledge of Allegiance is an important symbol of the privileges and 
rights that our Founding Fathers fought so desperately to preserve.
  It deserves protection from those trying to remove the words ``under 
God.''
  Mr. NADLER. Mr. Chairman, how much time do I have left?
  The CHAIRMAN. The gentleman has 3\1/2\ minutes.
  Mr. NADLER. The other side?
  The CHAIRMAN. They have 13\1/2\ minutes.
  Mr. BLUNT. Mr. Chairman, I yield 2 minutes to the gentleman from Iowa 
(Mr. King).
  Mr. KING of Iowa. I thank the majority whip for yielding. I 
especially thank Mr. Akin for bringing this bill before this Congress. 
When we first met, he approached me with this bill, and I said, oh yes, 
Article III, section 2, I will sign on. Then we got to know each other 
after that. So it is a proud moment for me to stand here and stand with 
the gentleman from Missouri and God-fearing and God-loving people 
across this country.

                              {time}  1315

  The question about the constitutionality of court-stripping Article 
III, section 2, I think Mr. Pence addressed it very well. Black-letter 
language in the Constitution was such exceptions and under such 
regulations as the Congress shall make, and those exceptions are 
legion.
  In fact, the landmark case is Ex parte McCardle 1869 where Congress 
had authorized Federal judges to issues writs of habeas corpus, and 
they purported to be acting under its authority under Article III, 
section 2 to make those exceptions.
  But in reviewing the statutes the Supreme Court's jurisdiction 
granted, they were not at liberty to inquire into the motives of the 
legislature. We can only examine its power under the Constitution. In 
fact, the majority decision on the Supreme Court said this: ``Without 
jurisdiction the court cannot proceed at all in any cause. Jurisdiction 
is power to declare the law, and when it ceases to exist, the only 
function remaining to the court is that of announcing the fact and 
dismissing the cause. And this is not less clear upon authority than 
upon principle.'' Ex parte McCardle, 1869.
  And I would point out that Justice Scalia in the Hamdan case so 
recently wrote in his opinion, albeit in dissent, he said that ``the 
Court . . . cannot cite a single case in the history of Anglo-American 
law . . . in which a jurisdiction-stripping . . . was denied immediate 
effect in pending cases.'' But ``by contrast, the cases granting such 
immediate effect are legion . . . they repeatedly rely on the plain 
language of the jurisdictional repeal as an `inflexible trump,''' and 
we know in our current experience in Congress, we have done this 
several times, particularly the Daschle case with Blackhawk Timber.
  Mr. BLUNT. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Hensarling).
  Mr. HENSARLING. Mr. Chairman, I thank the distinguished majority whip 
for yielding. I certainly thank the gentleman from Missouri (Mr. Akin) 
for his leadership on this issue.
  Mr. Chairman, the author of the Declaration of Independence, Thomas 
Jefferson, once wrote: ``Can the liberties of a Nation be thought 
secure when we have removed their only firm basis, a conviction in the 
minds of the people that these liberties are the gift of God?''
  Now, I have heard Democrat after Democrat saying that we should not 
be debating the Pledge Protection Act here today. Apparently, whether 
the phrase ``one Nation under God'' is stripped from our Pledge by 
activist judges is of little importance to them, but it is to most 
Americans, and it should be to our Democrat colleagues as well.
  Mr. Chairman, what we are debating here today is nothing short of our 
very liberty. What could be more worthy of this body than a debate 
about our liberty?
  When our forefathers gave birth to this new Nation, they also gave 
birth to a radical, revolutionary idea in history, the idea that our 
rights do not emanate from the State, that they are granted to us from 
the Almighty.
  Who among us have forgotten the words enshrined in our Declaration of 
Independence that we are endowed by our Creator with certain 
unalienable rights? The answer appears to be some of our Democrat 
colleagues.
  Nothing is more central to the foundation of our very liberty than 
the acknowledgment of God in public life, not the Christian God, the 
Jewish God or the Muslim God, but God, the Creator, as broadly defined 
and acknowledged and worshipped in many faiths and traditions.
  But, Mr. Chairman, there is now a concerted effort among some, 
including apparently the Ninth Circuit Court of Appeals, to chase God 
from the schoolhouse, the courthouse and the statehouse, not to mention 
our very Pledge of Allegiance.
  Through H.R. 2389, using our powers under Article III, section 2, we 
should stop them and protect liberty by enacting the Pledge Protection 
Act.
  Mr. BLUNT. Mr. Chairman, I yield 3 minutes to the gentleman from 
California (Mr. Dreier), the chairman of the Rules Committee.
  Mr. DREIER. Mr. Chairman, I thank my very good friend, the 
distinguished majority whip, for yielding time, and I congratulate my 
friend from Missouri (Mr. Akin) for having shown his very strong 
commitment to the U.S. Constitution. As we all know, the specificity is 
Article III, section 2.

[[Page 15068]]

  As I was talking to a friend of mine in Los Angeles yesterday, he was 
asking, what are you bringing up in the Rules Committee today? When I 
told him that we were bringing this measure to deal with the Ninth 
Circuit Court's decision, basically throwing out the use of ``one 
Nation under God'' in the Pledge of Allegiance, he, like most people, 
was horrified. He said, let us look at the natural extension of the 
Ninth Circuit Court's decision.
  Well, for starters, in the County of Los Angeles, Mr. Chairman, we 
have already seen the removal of the cross from the seal of the County 
of Los Angeles. It seems kind of silly, and there obviously is a lot of 
outrage in southern California about that.
  But then one must conclude that the natural extension of this, when 
we have dealt with the seal of the County of Los Angeles, let us look 
at some of the cities in California: The City of Angels, Saint Francis, 
San Francisco, San Diego, another saint. I found that my city that I 
reside in, the city of San Dimas, is the name for the reformed saint of 
thieves, San Dismas.
  But one must come to the conclusion that if we are going to continue 
down this road, that the west coast would become what many in the 
country probably already believe it is, and that would be the lost 
coast, and I find that to be a very troubling sign, that we are moving 
in the direction to overturn that wise decision that was made by the 
United States Congress in the 1950s when President Eisenhower was here.
  I think that we should realize that common sense needs to be applied 
when we look at an instance like this. The Ninth Circuit Court in 
California clearly overreached, Mr. Chairman, and as we look at how far 
they could go, I find the direction to be very, very troubling.
  I thank my friend for yielding.
  Mr. BLUNT. Mr. Chairman, I yield 3 minutes to the gentleman from 
Texas (Mr. Gohmert).
  Mr. GOHMERT. Mr. Chairman, the concern about the Constitution is 
certainly worthwhile, but when it says very clearly Article III, 
section 2, that in all other cases except those specified or mentioned, 
the Supreme Court shall have appellate jurisdiction both as to law and 
fact with such exceptions and under such regulations as the Congress 
shall make, it also allows us to set the jurisdictions of the local 
courts.
  So, clearly, this is something that is constitutional to take up. As 
an old judge and a former chief justice of an appellate court, those 
things are important to us.
  Our friend from New York indicated that it seems like some of us do 
not have much faith in the Supreme Court, and he is right, some of us 
do not. I would submit to you that while they are lingering under this 
infirmity or disability of being prepositionally challenged, that this 
is a good issue to take up and to remove jurisdiction on.
  For example, in the 10th amendment it says all the things not 
specified are reserved to the States and to the people. The Supreme 
Court seems to think that means reserved from the States and from the 
people. They are prepositionally challenged. They think freedom of 
religion means freedom from religion.
  There is so much rewriting of history, the separation of church and 
state. It is not in the Constitution. That is in a letter that Thomas 
Jefferson wrote to the Danbury Baptists about not specifying a specific 
denomination, and at the same time Madison wrote the first amendment, 
Jefferson wrote those words in a letter, they came to church, a 
nondenominational Christian church, right down the hall in Statuary 
Hall. For about 60 years there was a church down there.
  So the question before us is, is this an issue we want to remove from 
the Supreme Court's consideration until they remove or are able to 
overcome the disability of being prepositionally challenged? I 
certainly think it is.
  Mr. BLUNT. Mr. Chairman, I yield myself 1\1/2\ minutes just to say 
that this debate clearly, once again, emphasizes the responsibility of 
the Congress to decide the jurisdiction of the courts.
  It does not decide who has to say the Pledge of Allegiance. It does 
not decide separate but equal. In fact, separate but equal was decided 
by the Supreme Court just like the Dred Scott case was decided by the 
Supreme Court, which is why Abraham Lincoln, in his inaugural address, 
specifically talked about the danger of the Congress and the country 
letting the Court be the sole decision of these kinds of issues.
  This is an issue that clearly resonates to the heart of what we are 
about as a country. It is the heart of what we are about as a people. 
All of our documents, our coins, our institutions, the Constitution, 
the Declaration of Independence, all have recognized a being superior 
to ourselves.
  We think that protection for that phrase and other phrases in the 
Pledge is appropriate. Certainly we have not anticipated that State 
courts, who, by the way, were also recognized by the early Congress as 
appropriate determiners of some Federal laws, and early congressional 
determination in an early Supreme Court decision was that Federal laws 
that have been upheld by the State courts would not be subject to 
Federal review. This is in line with our responsibilities. It would be 
a responsibility some would like to suggest is different than it is, 
but it is our responsibility.
  Mr. Chairman, I reserve the balance of my time.
  Mr. NADLER. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, every word that we have heard uttered on this floor by 
the majority side has, as Mr. Scott said, increased the likelihood of 
the courts ordering that the words ``under God'' in the Pledge of 
Allegiance cannot be recited in a public, in a school situation where 
there is an imputation of coercion or pressure because the students 
are, in fact, under the direction of the State agent, namely, the 
teacher.
  As someone who very deeply believes in God, I think it is insulting 
to say that the words ``under God'' are not important, and yet that is 
the defense that is offered in court because the Constitution says 
there should be no establishment of religion. Well, saying that 
schoolchildren must recite the Pledge of Allegiance with the words 
``under God'' is not an establishment of religion. The defense is, no, 
it is not because this is de minimis; it is not important; it is minor. 
I do not believe the words ``under God'' are minor or de minimis, 
unimportant. I think that it is an insult to religion.
  But that whole question is for the courts, not for us, and here we 
are seeing another bill to strip the courts of jurisdiction. We are 
getting to a point where it is becoming boilerplate in any 
controversial issue to say the courts shall not have jurisdiction.
  Consider this, the Defense of Marriage Act, the Pledge, we passed the 
bill a few weeks ago on the floor here saying that no funds should be 
expended to enforce a court order in some court in Indiana because we 
do not like what the courts do, or we think we might not like what the 
court will do; we will strip them of jurisdiction.
  This is a danger to all our constitutional rights. The only thing 
that protects our rights as Americans, that protects our freedom of 
speech, religion, press, assembly, et cetera, is the ability to go to 
court and tell the President or the Governor or whoever, you cannot do 
that, you cannot force them to do that, you cannot put them in jail for 
not doing it. Without the protection of the court, rights are 
meaningless.
  There is a maxim in law: There is no right without a remedy. What we 
are doing here is saying to people who are unpopular, to people who may 
not want to recite the words ``under God,'' they may be wrong and 
unpopular, but we are saying you cannot go to court to defend yourself 
and assert your constitutional rights. It is very dangerous. As was 
pointed out before, if we had done that before, we would still have 
segregation in this country because in every State we would have 
stripped the Supreme Court of the ability to declare separate but equal 
schools unconstitutional. The State courts would have soon said it is 
fine, and we would still have Jim Crow.
  Almost lastly, we should not have a separate law in every State. We 
should not have the Constitution mean different things in New York and 
New

[[Page 15069]]

Jersey. We should be one country. That is why the Supreme Court is 
vested with jurisdiction to rule on appeals from the State supreme 
courts.
  Finally, this bill is itself unconstitutional. Someone said that the 
courts have upheld Congress' ability to limit jurisdiction. Sure, they 
have. Every single case has upheld limitations to jurisdiction, 
regardless of subject matter, never with regard to constitutional 
claims, not one case in the history of the Republic.
  At a hearing that was held 2 years ago on a similar bill, the 
majority witness, the Republican witness, professor of constitutional 
law, said the following: ``The due process clause of the fifth 
amendment requires that a neutral, independent and competent judicial 
forum remain available in cases in which the liberty or property 
interests of an individual or entity are at stake. The constitutional 
directive of equal protection restricts congressional power to employ 
its power to restrict jurisdiction in an unconstitutionally 
discriminatory manner,'' which is what this bill does.
  There is no ability, for example, to constitutionally provide that 
Republicans, but no one else, may have access to the Supreme Court. No 
one will think Congress could do that. This bill is clearly 
unconstitutional for the same reason.
  Mr. Chairman, I yield back my time.

                              {time}  1330

  Mr. BLUNT. Mr. Chairman, I yield the balance of our time to the 
gentleman from Missouri (Mr. Akin).
  The CHAIRMAN. The gentleman from Missouri is recognized for 2 
minutes.
  Mr. AKIN. Mr. Chairman, I would like to start by quoting a person who 
I believe is the founder, or at least acknowledged as the father, of 
the Democratic Party, Thomas Jefferson. His words encased in stone on 
his monument read: ``The God that gave us life gave us liberty.'' It 
goes on to say: ``Can the liberties of a people be secure if we remove 
the conviction that those liberties are the gift of God?''
  The author of our Declaration well understood that it is impossible 
to assert that we have inalienable rights and at the same time ignore 
the person that gave us the inalienable rights, the God that provided 
those rights itself.
  This question goes to the heart of what America has always stood for 
and always fought for. We believe that there is a God that gives basic 
rights to all people, and it is the job of the government to protect 
those rights. If the courts come to the decision that we cannot 
acknowledge God, then we have ripped the heart out of the logic of what 
makes America, the fact that our rights come from God Himself, and we 
have thumbed our nose at Thomas Jefferson and our Declaration and our 
300-plus years of history.
  Now we have good reason to fear that the Court will not be content to 
ignore just the fifth amendment and say that you can take private 
property from people and redistribute it without a public purpose, but 
that they may also decide to take the first amendment and turn it 
upside down and use it as a sword of censorship rather than an oasis of 
free speech.
  I am not persuaded by the pious hand-wringing of liberal activists 
who flinch not at the courts' unfettered march to create some imagined 
utopia at the expense of the separation of powers in the Constitution 
itself.
  It is time for the Congress to reassert our legislative authority. It 
is time for the Congress to signal an end to the courts' freewheeling 
forays of unchecked legislative license.
  Mr. WELDON of Florida. Mr. Chairman, I rise in strong support of H.R. 
2389, the Pledge Protection Act of 2005. This legislation is important 
to ensuring that over-zealous Federal courts do not strike down the 
U.S. Pledge of Allegiance. In Newdow, Ninth Circuit ruled that the 
pledge was unconstitutional. The U.S. Supreme Court struck down the 
Newdow decision based not on the substance of the issue, but rather 
because it found that Newdow did not have standing. The Supreme Court 
did not address the underlying question regarding whether the phrase 
``under God'' was constitutional. The Ninth Circuit is expected to rule 
on this issue in March 2007.
  The bill before us would prohibit Federal courts from ruling on 
issues related to the Pledge of Allegiance. Article III, Section 2, 
Clause 2 of the U.S. Constitution gives the Congress the authority to 
set such limits. The Constitution states:

       In all Cases affecting Ambassadors, other public Ministers 
     and Consuls, and those in which a State shall be Party, the 
     supreme Court shall have original Jurisdiction. In all other 
     Cases before mentioned, the supreme Court shall have 
     appellate Jurisdiction, both as to law and Fact, with such 
     Exceptions, and under such Regulations as the Congress shall 
     make [emphasis added].

  Mr. Chairman, today, by passing this law, we are making those 
exceptions.
  I rise in strong support of this legislation and urge my colleagues 
to join me in support of it.
  Mr. CARDIN. Mr. Chairman, I rise today in opposition to H.R. 2389--
the Pledge Protection Act--a bill which does not protect the Pledge of 
Allegiance, but instead endangers the constitutional balance between 
the legislative and judicial branches.
  I believe in the Pledge of Allegiance. In the wake of the Ninth 
Circuit Court of Appeals opinion in Newdow v. U.S. Congress in 2002, 
the House acted swiftly to affirm our support of the Pledge as it has 
existed since 1954. I voted in favor of a resolution that disagreed 
with the court's opinion that the words ``under God'' in the Pledge 
violate the Establishment Clause of the Constitution.
  My opinion today remains the same: the Pledge of Alliance is a 
simple, eloquent statement of American values. Each morning millions of 
school children pledge allegiance not only to the flag but to the 
Nation and our values and our principles. This act, like the prayer 
that opens each session of the House and the call that brings the 
Supreme Court to order, reminds us all of the greater context of our 
purpose.
  I oppose this legislation, not because I do not support the Pledge of 
Alliance, but because I know that this legislation does not achieve its 
goal. This legislation takes a bold step towards a radical concept 
which undermines the constitutional checks and balances so crucial to 
our system of Government. We have taken steps to protect the Pledge and 
we will continue to do so--but this is not the way.
  This bill proposes to strip the courts of their just jurisdiction. 
While the Congress is granted the power to create and establish Federal 
courts and this jurisdiction, this power has always been used to 
promote judicial efficiency. It has not, and should not, be used to 
stifle debate on any issue regarding fundamental rights and liberties.
  Since the Supreme Court decided the case of Marbury v. Madison in 
1803, the judiciary has performed its unique role of interpreting laws 
of this country. This bill is unconstitutional because it would fly in 
the face of 200 years of our constitutional tradition. I cannot imagine 
our democracy could long endure a system in which the Congress may take 
from the courts the ability to hear cases regarding the freedom of 
speech, the freedom of religion, civil rights, or privacy.
  The 108th Congress considered this legislation, and the Senate 
refused to pass this measure. Indeed, in this Congress the House 
Judiciary Committee refused to favorably report the bill to the full 
House.
  The courts are now properly continuing to review constitutional 
challenges regarding the Pledge of Allegiance. The Supreme Court has 
dismissed a case regarding the Pledge, and the Ninth Circuit is again 
reviewing this matter. Congress has gone on record in support of the 
Pledge.
  It is important that the courts remain as the neutral decision makers 
in constitutional cases. The Founders wisely enshrined the concept of 
judicial independence into the Constitution. Federal judges are given 
lifetime tenure, and Congress is prohibited from reducing their pay 
during their service in office.
  Congress has indeed considered whether to intrude on the province of 
the Federal courts throughout the history of this country. Congress 
wisely rejected President Franklin D. Roosevelt's plan to ``pack the 
court'' by increasing the size of the Supreme Court. In the 1970s 
Congress considered, but rejected, effort to strip jurisdiction away 
from the courts in the areas of civil rights and privacy cases, as a 
result of Supreme Court decisions of the 1950s and 1960s.
  In many ways, this type of legislation is a thinly-veiled attempt to 
circumvent Article V of the Constitution, which gives Congress the 
ability to propose an amendment to the Constitution, and therefore 
overturn a constitutional decision of the Supreme Court. Congress and 
ultimately the states have the ability to amend the Constitution at 
their discretion, but under Article III of the Constitution the courts 
have the obligation to interpret the law and Constitution when ``cases 
or controversies'' arise in a lawsuit that is properly brought by 
parties before the court.

[[Page 15070]]

  This bill would close the door to Federal courts. When there is no 
court to hear a case, then there is no liberty. A law without a venue 
for debate is a law without moral force. As the Ranking Member of the 
Helsinki Commission, I have seen too many countries run by dictators 
whose first actions are to shut down the independence courts and make 
them answerable to what the executive and the legislature wanted them 
to do. We cannot go down this path in the United States, and undermine 
our citizens' confidence in an independent judiciary that will decide 
cases without fear or favor.
  I urge my colleagues to reject this legislation and attack on the 
independence of the judiciary, and oppose this legislation.
  Mr. UDALL of Colorado. Mr. Chairman, at best this bill is a mistake. 
At worst, it is a cynical political stunt. Either way, it should not 
pass.
  It seeks to end the ability of Federal courts--including the Supreme 
Court--``to hear or decide any question pertaining to the 
interpretation of, or the validity under the Constitution of, the 
Pledge of Allegiance'' as the pledge is now worded.
  It responds to a 2002 decision of the Court of Appeals for the Ninth 
Circuit that both the 1954 law that added the words ``under God'' to 
the pledge and a local school district's policy of daily recitation of 
the pledge as so worded were unconstitutional. (The ruling later was 
modified to apply only to the school district's recitation policy.)
  The Supreme Court reversed that decision because the plaintiff did 
not have legal standing to challenge the school district's policy. But 
the Republican leadership evidently finds the possibility of a similar 
lawsuit so alarming--or maybe they think it presents such a political 
opportunity--that they back this bill to keep any Federal court from 
hearing a lawsuit like that.
  I cannot support such legislation.
  It mayor may not be constitutional--on that I defer to those with 
more legal expertise than I can claim. But I have no doubt it is not 
only unnecessary but even misguided and destructive.
  I have no objection to the current wording of the Pledge of 
Allegiance. After the Ninth Circuit's decision, I voted for a 
resolution--approved by the House by a vote of 416 to 3--affirming that 
``the Pledge of Allegiance and similar expressions are not 
unconstitutional expressions of religious belief'' and calling for the 
case to be reheard.
  But this bill is a different matter. It may be called the ``Pledge 
Protection Act,'' but that is inaccurate and even misleading--because 
it not only fails to protect the pledge but also would undercut the 
very thing to which those who recite the pledge are expressing their 
allegiance.
  It doesn't protect the pledge because even if it becomes law people 
who don't like the way the pledge's current wording would still be able 
to bring lawsuits in state courts. So, even if Colorado's courts upheld 
the current wording, the courts of other States might not. And the bill 
says the U.S. Supreme Court could not resolve the matter.
  That would mean there would no longer be a single Pledge of 
Allegiance, but different pledges for different States--and the 
Constitution's meaning would vary based on State lines. That would 
directly contradict the very idea of the United States as ``one 
Nation'' that should remain ``indivisible'' and whose defining 
characteristics are devotion to ``liberty and justice for all.''
  And that would be completely inconsistent with the idea of the 
Republic (symbolized by the flag) to which we pledge allegiance when we 
recite what this bill pretends to ``protect.''
  How ironic--and how pathetic.
  As national legislators, as U.S. Representatives, we can and should 
do better. We should reject this bill.
  Mr. DINGELL. Mr. Chairman, I rise in strong opposition to H.R. 2389. 
Here we are again considering needless court-stripping legislation that 
would destroy our constitutional system of checks and balances. This 
time we wrap it in the flag and call it the Pledge Protection Act.
  We dealt with this same legislation two years ago, and it failed to 
become law. I ask my colleagues, why are we bringing this same 
legislation up for consideration again 2 years later?
  Could it be an election year? Could my colleagues in the majority 
want to rally a certain part of their base? The real question is 
whether the majority will put election year political concerns ahead of 
the good of the Nation? Unfortunately, with this action, it looks like 
the answer is yes.
  This is another extraordinary piece of arrogance on the part of the 
House of Representatives to pass legislation which would strip American 
citizens of their right to access the Federal courthouse. Can you 
imagine anything more shameful than telling an American citizen you 
cannot go into court to have your concerns addressed, heard by the 
courts of your Nation?
  The right for a citizen to access the courts to decide questions of 
policy is as old as the Magna Carta, and it is important to us as 
anything else in the Constitution. Here we calmly say, ``You cannot 
have access to the Federal courts, including the Supreme Court.'' 
Shame, shame, shame, shame.
  This is a precedent which is going to live to curse us, and we are 
going to live to regret this day's labor because other precedents will 
be following this, wherein we strip the rights of citizens under the 
Second Amendment, the thirteenth, fourteenth, and fifteenth amendments.
  The Congress has considered these kinds of questions before. It is to 
be anticipated if this works, we can look to see this kind of abusive 
legislation considered in this body again. And you can be certain that 
somebody is sitting out there now thinking of new rights we can strip 
because we disagree with them.
  I do not believe that we should strip the Federal courts of 
jurisdiction when it comes to issues related to the Equal Protection 
Clause of the Constitution. It drastically interferes with the 
separation of powers between the three branches of our government.
  While I will always defend the autonomy and the power of the 
legislative branch, the principle of judicial review that Chief Justice 
John Marshall set out in the 1803 decision Marbury v. Madison is law. 
This landmark case established that the Supreme Court has the right to 
pass on the constitutionality of an act of Congress. To whittle away 
one of the bedrock powers of the judicial branch is wrong for the Union 
and wrong for our citizenry.
  Tinkering with the foundation of our judicial branch could come back 
to haunt us. You can be almost certain with the passage of this 
legislation that there are interests out there deciding what other 
rights can be stripped of American citizens because we disagree with 
them. Maybe a future Congress will want to strip court challenges to 
gun control legislation by gun owners or sportsmen.
  Mr. Chairman, we live in one Nation, under God, with liberty and 
justice for all. If we pass this bill, we begin to hollow out the true 
meaning of the pledge, the Constitution and what it means to live in 
this great Nation.
  Like I did 2 years ago, I strongly oppose this legislation and urge 
my colleagues to do the same.
  Mr. HOLT. Mr. Chairman, I rise in opposition to H.R. 2389, which 
would strip from the federal courts and the Supreme Court the ability 
to hear any cases related to the Pledge of Allegiance. This bill 
eliminates the basic principle of judicial review that was established 
by the Supreme Court in Marbury v. Madison back in 1803.
  This bill should not have come to the floor today because it seeks to 
make a dangerous change to our Nation's system of checks and balances. 
For that reason, this bill was rejected by the House Judiciary 
Committee. Yet, the Majority has brought it up today to intentionally 
divide the House. This is not the first time. We have seen this before. 
In September two years ago, we had this same vote, and I opposed it 
then.
  The judiciary was designed to be the one branch of the federal 
government that is insulated from political forces. This independent 
nature enables the federal judiciary to thoughtfully and objectively 
review laws to ensure that they are in line with the Constitution. 
Throughout the development of our Nation, this check has been vital to 
protecting the rights of minorities.
  Although the Constitution gives Congress the power to limit the 
jurisdiction of the federal judiciary and the appellate jurisdiction of 
the Supreme Court, I am certain that the founding fathers did not 
intend for Congress to use this power to shape the jurisdiction of the 
courts along ideological lines. This legislation will set a dangerous 
precedent by allowing Congress to avoid judicial review so that it can 
pass legislation that it thinks may be unconstitutional. This is a 
clear abuse of Congressional authority and a cynical attempt to 
question the patriotism of Members of this institution.
  Like every Member of this body, I am proud to recite the Pledge of 
Allegiance as a way to express my loyalty to this Nation and its 
founding principles. I make it a point during my town meetings in New 
Jersey to lead my constituents in reciting the Pledge of Allegiance. I 
share the view of many Members that the current text of the Pledge of 
Allegiance is constitutional including the phrase ``under God''. I 
expressed my support for the Pledge in its current form when I joined 
many of my colleagues in voting for a resolution that urged the Supreme 
Court to recognize the constitutional right of children to recite the

[[Page 15071]]

pledge in school. That resolution was an appropriate way for me, as a 
Member of Congress, to express my belief in the constitutionality of 
the Pledge of Allegiance.
  Unfortunately, those who support this legislation seek to alter our 
delicate system of checks and balances and make their own decisions 
unchallengeable--as if they were infallible. They are attempting to 
alter the intended framework of our government, which has met the needs 
of a diverse population and allowed us to remain indivisible in times 
of crisis for more than 200 years. We should not make this dangerous 
change to upset the balance of power established by our Founding 
Fathers and enshrined in the Constitution.
  I urge my colleagues to oppose this bill.
  Mr. BONNER. Mr. Chairman, I rise today in support of H.R. 2389, ``The 
Pledge Protection Act.''
  As I rise to address this body, I am reminded by the words above the 
Speaker's chair, ``In God We Trust'' and the significance those words 
hold for our great Nation. From the unalienable rights that Mr. 
Jefferson penned in the Declaration of Independence to the money that 
is minted just blocks from this Chamber, our Nation has and will 
continue to publicly recognize God's providence and guidance. However, 
the recognition of God contained within the Pledge of Allegiance has 
provided leverage for some courts to claim that reciting our Pledge is 
unconstitutional.
  In 1954, this body recognized the need to add the phrase ``under 
God'' to our Pledge and for 46 years this was hailed by Americans and 
remained uncontested. Yet in 2002, these two words were exploited by 
courts claiming that it is unconstitutional for the Pledge of 
Allegiance to remain a part of American life. Congress acted swiftly to 
reverse the damage caused by such a ruling and preserve the patriotic 
act of reciting the Pledge. In 2002, both Houses of Congress 
overwhelmingly supported resolutions rebuking the court and upholding 
the Pledge of Allegiance. However, Congress failed to invoke our 
authority to prevent activist courts from destroying the American 
institution that is the Pledge of Allegiance.
  The Pledge embodies our patriotism and must be preserved. It serves 
to remind this body, at the beginning of each daily session, of our 
devotion to country. Protecting the Pledge ensures that the ideals of 
America will continue for generations to come.
  Mr. Chairman, I urge my colleagues to join with me in support of this 
bill to prevent the federal judiciary from hearing cases against the 
Pledge of Allegiance.
  Mr. SHAYS. Mr. Chairman, today, I urge my colleagues to vote against 
H.R. 2389, the Pledge Protection Act.
  The phrase ``under God'' belongs in our Pledge of Allegiance to the 
Flag of the United States of America and the words In God We Trust 
belong on our currency. The Ninth Circuit Court of Appeals made a 
serious error in Newdow v. U.S. Congress when they declared our Pledge 
unconstitutional.
  When the phrase under God was added to the Pledge of Allegiance in 
1954, I was in elementary school and remember feeling the phrase 
belonged there. It appropriately reflects the fact that a belief in God 
motivated the founding and development of our great Nation.
  The Declaration of Independence states, ``We hold these truths to be 
self-evident, that all men are created equal, that they are endowed by 
their Creator with certain inalienable rights . . .'' Our forefathers 
understood it was not they, but He, who had bestowed upon all of us 
those most cherished rights to life, liberty and the pursuit of 
happiness upon which our model of government is based.
  At Gettysburg, President Abraham Lincoln acknowledged we were a 
Nation under God and, during his Second Inaugural Address, he mentioned 
our Creator 13 times.
  Those historic speeches, the Pledge of Allegiance, our currency and 
the Declaration of Independence are not prayers or parts of a religious 
service. They are a statement of our commitment as citizens to our 
great Nation and the role God plays in it.
  Our founders envisioned a government that would allow, not discourage 
or punish, the free exercise of religion and we are living their dream.
  I oppose the Pledge Protection Act because I have faith in our 
Constitution and do not believe we should preclude judges from hearing 
issues of social relevance, simply because we may disagree with their 
ultimate decisions.
  While the courts may, from time to time, produce a ruling we 
question, the principle of judicial review is essential to maintaining 
the integrity of our system of checks and balances and I fear the path 
we appear to be on. We are a Nation under God, and in Him we trust.
  Mr. CARDOZA. Mr. Chairman, I rise in opposition to H.R. 2389, the 
Pledge Protection Act.
  While I strongly support the Pledge of Allegiance and the use of the 
term under God, I oppose this misguided legislation because it would 
strip all federal courts, including the Supreme Court, of the 
jurisdiction to hear First Amendment challenges to the Pledge of 
Allegiance.
  In the process, this legislation would strip federal courts of their 
important role in safeguarding Constitutional rights and freedoms. It 
will also work to undermine public confidence in the federal courts by 
expressing outright hostility to their role as a neutral arbiter of 
constitutional claims.
  Through passage of this legislation, this body is endorsing the 
dangerous premise that Congress is above the Constitution. So in 
response, I ask my colleagues this question: do you believe our 
founding fathers designed the Constitution to protect the people from 
their government, or to regulate the conduct of its citizens?
  I submit that if we strip federal courts of their judicial 
independence, nothing stops Congress from preventing courts to rule on 
other freedoms protected in our Bill of Rights, including freedom of 
speech, the right to bear arms, freedom of worship and freedom to 
assemble. Is that really the precedent we want to establish?
  I believe we need our judicial system to protect our rights--and this 
bill prohibits the courts from doing just that. Indeed, I believe 
enactment of this legislation would have a dramatic impact on the 
ability of individual Americans to be free from government-coerced 
speech or religious expression.
  In our system of democracy, our government works on a system of 
checks and balances. Instead of stripping power from the courts, I 
believe we should follow the process prescribed in our Constitution--
consideration of a Constitutional amendment. In fact, as a member of 
the California Legislature, I passed a bill calling on Congress to pass 
a Pledge protection amendment, and I believe that is the appropriate 
way to address this issue.
  I happen to believe that the inclusion of the term under God in the 
Pledge is appropriate and constitutional. Further, should the Supreme 
Court ever rule that the term is unconstitutional, I would vote for a 
constitutional amendment to it ensure its presence. I support the 
Pledge because it is an important part of our American fabric, and an 
important symbol of the rights our founding fathers fought so 
desperately to preserve--liberty and justice for every American.
  But our justice is protected by our independent judiciary. Let us 
keep it that way for all Americans. Oppose this bill and support and 
protect our Constitutional rights.
  Mr. BLUMENAUER. Mr. Chairman, I oppose the ``Pledge Protection Act'' 
because of its potential ramification for the judicial process. This 
legislation seeks to prohibit all federal courts, including the Supreme 
Court, from hearing any case that challenges the constitutionality of 
the Pledge of Allegiance.
  This legislation is a response to recent challenges in the 9th 
Circuit Court involving the statement ``under God.'' While I do not 
agree with the court's decision, we are heading down a slippery slope 
when we authorize Congress to use its power over the courts to limit 
jurisdiction of constitutional challenges.
  This seemingly bipartisan legislation is another attack on our 
principles of civil liberties and equal protection, just as we saw on 
yesterday's vote on the ``Marriage Protection Act,'' to please the most 
extreme of the Republican base. It is not worth undermining our system 
of checks and balances.
  Yesterday, the state's domestic laws; today, the Pledge of 
Allegiance; tomorrow . . .?
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in opposition to H.R. 
2389, the Pledge Protection Act of 2005.
  This bill precludes any Federal judicial review of any constitutional 
challenge to recitation of the Pledge of Allegiance--whether it be in 
the lower Federal courts or in the highest court in the land, the U.S. 
Supreme Court. Effectively, if passed, this extremely vague legislation 
will relegate all claimants to State courts to review any challenges to 
the pledge. This possibility will lead to different constitutional 
constructions in each of the 50 States.
  The only way to make this bill palatable is to adopt the Jackson-Lee 
amendment, which provides for an exception to the bill's preclusion for 
cases that involve allegations of coerced or mandatory recitation of 
the Pledge of Allegiance, including coercion in violation of the First 
Amendment or the Equal Protection clauses. Opposing the Jackson-Lee 
amendment is tantamount to endorsing the coercion of children to 
mandatory recitation of the Pledge of Allegiance.
  Closing the doors of the Federal courthouse doors to claimants will 
actually amount to a coercion of individuals to recite the pledge and 
its ``under God'' reference in violation of West Virginia State Board 
of Education v. Barnette.

[[Page 15072]]

In Barnette, the Supreme Court struck down a West Virginia law that 
mandated school children recite the Pledge of Allegiance. Under the 
West Virginia law, religious minorities faced expulsion from school and 
could be subject to prosecution and fines, if convicted of violating 
the statute's provisions. In striking down that statute, Justice 
Jackson wrote for the Court:

       ``To believe in patriotism will not flourish if patriotic 
     ceremonies are voluntary and spontaneous instead of a 
     compulsory routine is to make an unflattering estimate of the 
     appeal of our institutions to free minds . . . If there is 
     any fixed star in our constitutional constellation, it is 
     that no official, high, or petty can prescribe what shall be 
     orthodox in politics, nationalism, religion, or other matters 
     of opinion or force citizens to confess by word or act their 
     faith therein.''

  H.R. 2389 would strip parents of their right to go to court and 
defend their children's religious liberty. If this legislation is 
passed, schools could expel children for acting according to the 
dictates of their faith and Congress will have slammed the courthouse 
door shut in their faces. When I was a child, I always wondered why, 
when the rest of the class recited the Pledge of Allegiance, one little 
girl always sat quietly. Today, I understand that it was because she 
was of the 7th Day Adventist faith and therefore reciting the ``under 
God'' provision would force her to undermine her religious faith. If 
H.R. 2389 were law back then, the school administrators could have 
forced her to say the pledge and she would have no recourse in the 
Federal courts.
  The problem with this bill is that it does not protect religious 
minorities, Mr. Chairman.
  Article III, Section I of the U.S. Constitution vests ``the Judicial 
Power of the United States . . . in one supreme court.'' The list of 
subject matter areas which the Federal courts have the power to hear 
and decide under section 2 of Article III establishes that, ``The 
Judicial power shall extend to all cases . . . arising under this 
Constitution.'' For over 50 years, the Federal courts have played a 
central role in the interpretation and enforcement of civil rights 
laws. Bills such as H.R. 2389 and the Federal Marriage Amendment we 
debated yesterday are bills to prevent the courts from exercising their 
article III functions and prohibiting discrimination. We cannot allow 
bad legislation such as this to pass in the House, and thereby 
eviscerate the Constitution and the values upon which this nation was 
originally founded. In the 1970s, some Members of Congress 
unsuccessfully sought to strip the courts of jurisdiction to hear 
desegregation efforts such as busing, which would have perpetuated 
racial inequality. We did not allow it then, and we should not allow it 
now.
  H.R. 2389, as drafted, insulates the Pledge of Allegiance as set 
forth in section 4 of title 4 of the United States Code from 
constitutional challenge in the Federal court. The Jackson-Lee 
amendment protects children from being coerced or forced into reciting 
the Pledge of Allegiance against their will.
  However, the statute and the pledge are subject to change by future 
legislation bodies. This means that if some future Congress decides to 
insert some religiously offensive or discriminatory language in the 
Pledge, the matter would be immune to constitutional challenge in the 
Federal courts.
  Mr. Chairman, I ask unanimous consent to place in the Record a copy 
of a letter dated July 18, 2006 from the American Bar Association which 
supports my claims.
  Mr. Chairman, I ask that my colleagues vote to protect religious 
minorities, vote to protect judicial review, vote to protect separation 
of powers, and vote to protect access to the Federal courts. I urge my 
colleagues to vote against H.R. 2389.
  Ms. LINDA T. SANCHEZ of California. Mr. Chairman, I support our 
national Pledge of Allegiance 100 percent. I strongly believe the 
Pledge teaches America's children national pride and a sense of civic 
responsibility.
  However, I oppose H.R. 2389, the ``Pledge Protection Act.'' This bill 
is merely a reaction to one federal case: Newdow vs. U.S. Congress.
  The 9th Circuit Federal court in Newdow held that the Pledge of 
Allegiance violated the Established Clause of the Constitution. The 
court ruled that the phrase ``one nation under God'' within the Pledge 
impermissibly takes a position with respect to the identity and 
existence of God.
  I disagree with the 9th Circuit's ruling in the Newdow case. However, 
I don't believe the way to protect the Pledge of Allegiance is by 
banning all federal courts from hearing cases dealing with the Pledge, 
which is what H.R. 2389 does. H.R. 2389 goes way too far. In fact, it 
violates the Constitution and the very spirit of the Pledge itself.
  The federal courts, not the United States Congress, have the power to 
interpret and enforce rights protected under the Constitution. That is 
what the famous Marbury vs. Madison case was all about: separation of 
powers. But, H.R. 2389 violates the constitutional separation of powers 
principle, because it strips all federal courts of their power to make 
rulings on an individual's right to choose whether to recite the Pledge 
of Allegiance.
  To ensure that America remains an indivisible and proud Nation, it is 
very important that we protect the Pledge of Allegiance, but it is even 
more important that we do not violate the Constitution and undermine 
the federal courts to do so.
  Therefore, I oppose H.R. 2389.
  Mr. TIAHRT. Mr. Chairman, I rise today in strong support of H.R. 
2389, The Pledge Protection Act, offered by Representative Todd Akin.
  This legislation protects our Pledge of Allegiance by preventing 
radical judges and liberal lawyers from questioning the 
constitutionality of the phrase ``under God.''
  The preamble of the Declaration of Independence states: ``We hold 
these Truths to be self-evident, that all Men are created equal, that 
they are endowed, by their Creator, with certain unalienable Rights, 
that among these are Life, Liberty, and the Pursuit of Happiness.''
  Our national motto is: ``In God We Trust.''
  The opening announcement at the United States Supreme Court is: ``God 
save the United States and this honorable court.''
  Unless there is a law limiting the jurisdiction of Federal courts, we 
will continue to see lawsuits such as the one that is trying to ban the 
Pledge of Allegiance in schools because it mentions ``One nation under 
God.''
  The Constitution gives Congress the power to limit the jurisdiction 
of Federal courts in Article III, Section 2. Maintaining checks and 
balances on the power of the Judiciary Branch and the other two 
branches is vital to keep the form of government set up by our Founding 
Fathers.
  I am proud to be a co-sponsor of The Pledge Protection Act and will 
vote in favor of this legislation.
  God Bless America!
  Mrs. MALONEY. Mr. Chairman, I rise today in strong opposition to H.R. 
2389, the ``Pledge Protection Act.''
  This legislation represents an attempt by the Majority to strip the 
federal courts of jurisdiction over yet another important issue. The 
effect of H.R. 2389 would be to prevent individuals who have legitimate 
cases from ever reaching a courtroom. The U.S. Constitution clearly 
states that a separation of powers, ensured by a system of checks and 
balances established by our Founding Fathers more than 200 years ago, 
must exist among the three branches of government. What the proponents 
of this bill want to do is to tell the courts what cases they can and 
cannot hear.
  This bill is wrong and costs too high a price. I urge my colleagues 
to vote ``no'' on H.R. 2389.
  Mr. KIND. Mr. Chairman, I am a strong supporter of the Pledge of 
Allegiance. I believe ``under God'' should be in the Pledge of the 
Allegiance. But what I cannot support today is legislation that 
basically tells the third branch of our government, go home, no thanks, 
we don't need you anymore.
  Judicial review has been a part of our democracy in this 
constitutional government for over 200 years. And now with the fancy 
language embodied in this legislation and other pieces of legislation 
that have been pending, they are trying to disrupt that delicate 
balance of power, the checks and balances that exist that allow the 
Federal courts from time to time to take a look at the work that we are 
doing in the Congress to see whether or not we are complying with the 
highest law of the land, the United States Constitution. That is what 
judicial review is all about.
  What is so ironic about today's debate is that the courts have 
already weighed in and said that the Pledge is okay; ``under God'' is 
okay. So what are we doing here when we have anemic economic job growth 
in this country, rising health care costs, and tuition that is placing 
college out of the reach of students? We can do better by the American 
people.
  Ms. SCHAKOWSKY. Mr. Chairman, I rise today in opposition to H.R. 
2389, the so-called Pledge Protection Act. H.R. 2389 would strip all 
Federal courts, including the Supreme Court, of their ability to hear 
cases involving the Pledge of Allegiance.
  The Pledge of Allegiance is a true expression of liberty and justice 
for all--cornerstones of our great Nation. However, H.R. 2389 would 
punish those who exercise that freedom. Basic due process demands an 
independent judicial forum capable of determining Federal 
constitutional rights. This legislation deprives the Federal courts of 
their ability to hear cases involving the fundamental free speech 
rights of students, parents, and other

[[Page 15073]]

individuals. In our Country, dissenting views are supposed to be 
valued, allowed and tolerated. To take away this fundamental freedom of 
expression is to dishonor America and all Americans.
  At this time when American soldiers continue to die every day in 
Iraq, with the Taliban and Al Qaeda making gains in Afghanistan, when 
millions of Americans are suffering because the minimum wage has not 
been raised in almost a decade, when millions more lack any health care 
coverage, and when gas prices are skyrocketing, the Republican majority 
has decided that the House should instead debate a bill that is 
unnecessary and, if passed, would only serve to undermine our 
democracy.
  I am not afraid of those Americans who oppose parts of the Pledge 
having an opportunity to express those views. Healthy, controversial 
debates and a free society able to challenge the status quo are what 
make our country so strong and so great. What is scary are those who 
seek to use bills, such as the one before us today, to advance their 
ideology at the expense of freedom and liberty. That is something we 
should all oppose in the strongest terms.
  As Members of Congress we owe our constituents better. I urge my 
colleagues to vote ``no'' on H.R. 2389.
  Mr. FLAKE. Mr. Chairman, today I voted against the Pledge Protection 
Act--H.R. 2389. I believe in the constitutionality of the Pledge and 
believe that the Pledge should contain the words ``under God.''
  Unfortunately, this bill does more to hurt the Pledge than help it. 
The bill strips Federal courts of jurisdiction over Federal 
constitutional claims, leaving the States to each decide issues 
regarding the Pledge. Some States may strike down the Pledge; others 
may modify it. The end result would be lasting damage to the Pledge. 
This is clearly a Federal, constitutional issue.
  I realize that, in 2002, the Ninth U.S. Circuit Court of Appeals 
reached a disturbing result by declaring that it was an 
unconstitutional establishment of religion to have students to recite 
the words ``under God'' in the Pledge of Allegiance. The U.S. Supreme 
Court overruled the ninth circuit on procedural grounds in 2004. 
Unfortunately, there was no clear opinion overruling the ninth circuit 
on substantive grounds.
  The ninth circuit's ruling has created confusion as to whether the 
decision must be followed within the boundaries of the circuit. At 
least one Federal district court in California has since ruled that it 
must. That case is on appeal now to the ninth circuit, and hopefully it 
will make its way to the U.S. Supreme Court for a reversal.
  Mr. POMEROY. Mr. Chairman, I rise in opposition to H.R. 2389, The 
Pledge Protection Act of 2005.
  As I said in 2004 when the House voted on the Pledge Protection Act 
in the 108th Congress, I strongly believe that the Pledge of 
Allegiance, including the phrase, ``under God'' is a constitutional 
expression of patriotism.
  Therefore, I--along with many of my colleagues--was outraged by court 
decisions that erroneously declared the Pledge of Allegiance 
unconstitutional. As a result, I consistently have voted in favor of 
legislation reaffirming the place of the Pledge of Allegiance in its 
entirety in our schools.
  In the 108th Congress, I voted in favor of H. Res. 132, which urged 
the Supreme Court ``to correct the constitutionally infirm and 
incorrect holding'' by the 9th Circuit Court of Appeals in its revised 
decision on the Newdow v. U.S. Congress case. This resolution also 
expressed the sense of the House of Representatives that the recitation 
of the Pledge is a patriotic act--not a religious act, that the Pledge 
should retain the phrase ``One nation, under God,'' and that 
Congressional policy should encourage the voluntary recitation of the 
Pledge in public school classrooms. I also voted in favor of an 
amendment offered by Rep. Hostettler to H.R. 2799, the Commerce, 
Justice and State and Related Agencies Appropriations bill, which 
prohibited any funds appropriated by the bill being used to enforce the 
court's decision in Newdow v. U.S. Congress.
  In the 107th Congress, I voted in favor of H. Res. 459, which 
expressed the view of the House of Representatives that the 9th Circuit 
Court of Appeals' original decision in Newdow v. U.S. Congress to 
strike the words ``under God'' from the Pledge of Allegiance was 
incorrectly decided. Similarly, I strongly supported S. 2690, 
legislation that reaffirmed the language of the Pledge of Allegiance, 
including the phrase ``one Nation under God.''
  However, as I stated last year, I am concerned that the passage of 
H.R. 2389 would threaten the separation of powers set forth in the 
United States Constitution. Historically, the United States Supreme 
Court has the final authority on questions regarding a Federal law's 
constitutionality. However, H.R. 2389 would allow future Congresses to 
enact laws that clearly violate basic constitutional principles, while 
at the same time barring these laws from review by the Supreme Court. 
This lack of checks and balances could undermine the strength of 
America's most fundamental founding document. Given these significant 
issues with H.R. 2389, I again plan on voting against this measure.
  Mr. MOORE of Kansas. Mr. Chairman, on July 19, 2006, I voted against 
H.R. 2389, the Pledge Protection Act of 2005.
  The American flag is a symbol of liberty and justice, of freedom of 
speech and expression, as well as the other freedoms we cherish which 
are guaranteed in the Bill of Rights. But even more important than the 
symbol are the ideals and principles that the symbol represents. I 
believe the best way to honor the American flag is not to wrap 
ourselves in it, but to respect and honor the values for which it 
stands. That our Nation can tolerate disrespect for our flag is proof 
of the enduring strength of our Nation. It is proof to me that ours is 
the greatest nation on earth.
  I served in the U.S. Army and Army Reserves. I know how deeply our 
veterans love and revere our flag. I share those feelings for our flag 
and all that it represents.
  Our democracy has withstood many tests over time, and has been 
strengthened as a result. There is no more important protection 
provided by the First Amendment than its protection of political speech 
and expression.
  In a letter to Senator Patrick Leahy of Vermont dated May 18, 1999, 
former Secretary of State (then General) Colin L. Powell wrote to 
express his concerns regarding a constitutional amendment banning flag 
burning: ``The First Amendment exists to insure that freedom of speech 
and expression applies not just to that with which we agree or 
disagree, but also that which we find outrageous. I would not amend 
that great shield of democracy to hammer a few miscreants. The flag 
will still be flying proudly long after they have slunk away. . . . If 
I were a member of Congress, I would not vote for the proposed 
amendment. . . . ''
  I agree wholeheartedly with Colin Powell's statement, and believe it 
applies here as well. The Pledge of Allegiance is an invaluable part of 
our national heritage, but we must also bear in mind the immeasurable 
significance of the First Amendment to the United States Constitution.
  Finally, I have deep concerns about current efforts to deny the 
Federal courts, including the Supreme Court, the ability to review the 
constitutionality of our Federal laws. I believe preserving our three-
branch system of government is in our Nation's best interest.
  Ms. McCOLLUM of Minnesota. Mr. Chairman, I rise to express my 
opposition to H.R. 2389, the Pledge Protection Act of 2005. This 
legislation does nothing to address the real issues facing families in 
America today, and serves merely to distract and delay Congress from 
efforts to vote on issues that would actually impact the daily lives of 
our constituents.
  This bill failed to pass out of the Judiciary Committee, and yet, we 
are voting on it today on the Floor of the People's House, an event 
without precedence according to the Parliamentarian. The Majority is 
taking this extraordinary action not for an issue that will affect the 
daily lives of American families--but for a blatantly political debate 
in an election-year attempt to appeal to their base. My constituents 
are concerned about the conflict in the Middle East, earning a living 
wage, accessing affordable health care and relief from sky-rocketing 
gas prices. Minnesotans in the 4th District have made it clear that 
Congress should get to work on the priority issues of this country, 
rather than continue to play political games.
  H.R. 2389 would remove the Pledge of Allegiance from the jurisdiction 
of federal courts. This bill is an attempt by Republicans to strip our 
federal courts of their power to rule over issues of Constitutional 
relevance, and to tell our federal courts that their expertise on 
Constitutional freedoms is irrelevant. Our system of checks and 
balances was constructed by our Founders for this specific reason--to 
retain the independence of the Courts, and their ability to rule justly 
and uphold the rule of law in this great country. As Justice Sandra Day 
O'Connor stated last year, the effectiveness of the federal courts 
relies on the knowledge that they will not be subject to retaliation 
for their rulings.
  Representative Mel Watt offered an amendment today to this bill that, 
had it passed, would have allowed the Supreme Court to hear cases 
regarding the Pledge of Allegiance--in effect, reversing the negative 
damage this bill will inflict if it passes. I supported Mr. Watt's 
amendment, and am extremely disappointed that the majority of my 
colleagues did not do the same.

[[Page 15074]]

  This bill is likely unconstitutional and debating it on the floor of 
the House today is an outrage considering the real issues facing 
American families. I urge my colleagues to join me in opposing this 
legislation, upholding the system of justice our Founders intended, and 
return to debating the issues we were elected to resolve.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered read for amendment 
under the 5-minute rule.
  The text of the bill is as follows:

                               H.R. 2389

       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 ``Pledge Protection Act of 
     2005''.

     SEC. 2. LIMITATION ON JURISDICTION.

       (a) In General.--Chapter 99 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1632. Limitation on jurisdiction

       ``(a) Except as provided in subsection (b), no court 
     created by Act of Congress shall have any jurisdiction, and 
     the Supreme Court shall have no appellate jurisdiction, to 
     hear or decide any question pertaining to the interpretation 
     of, or the validity under the Constitution of, the Pledge of 
     Allegiance, as defined in section 4 of title 4, or its 
     recitation.
       ``(b) The limitation in subsection (a) does not apply to--
       ``(1) any court established by Congress under its power to 
     make needful rules and regulations respecting the territory 
     of the United States; or
       ``(2) the Superior Court of the District of Columbia or the 
     District of Columbia Court of Appeals;''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 99 of title 28, United States Code, is 
     amended by adding at the end the following new item:

``1632. Limitation on jurisdiction.''.

  The CHAIRMAN. No amendment to the bill shall be in order except those 
printed in House Report 109-577. Each amendment may be offered only in 
the order printed in the report, by a Member designated in the report, 
shall be considered read, shall be debatable for the time specified in 
the report, equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be subject 
to a demand for division of the question.


                  Amendment No. 1 Offered by Mr. Watt

  The CHAIRMAN. It is now in order to consider amendment No. 1 printed 
in House Report 109-577.
  Mr. WATT. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Watt:
       Page 2, lines 12 and 13, strike ``, and the Supreme Court 
     shall have no appellate jurisdiction,''.

  The CHAIRMAN. Pursuant to House Resolution 920, the gentleman from 
North Carolina (Mr. Watt) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. WATT. Mr. Chairman, in many ways my amendment is quite simple. It 
simply preserves the authority of the United States Supreme Court to do 
its job. My amendment, however, is fundamental in its simplicity 
because it reflects the cornerstone of our constitutional framework, a 
framework that recognizes three coequal branches of government, each 
with its own area of responsibility, each serving as a check and 
balance on the others.
  For over 200 years, the separation of powers doctrine has worked 
well, vesting the legislative power with the Congress, the executive 
power with the President, and the judicial power with the Supreme Court 
and other inferior Federal courts. At the pinnacle of the judiciary is 
and has been the one Court mandated by the Constitution, the United 
States Supreme Court.
  I have offered this amendment before, and I offer it today because 
the very idea of Congress unilaterally cutting off all Federal court 
review of a constitutional issue is both unprecedented and likely 
unconstitutional, but it is also impractical and imprudent.
  Despite the substantial body of scholarship that suggests that 
Congress does not have the authority to strip the Supreme Court of this 
appellate jurisdiction in the manner proposed by this bill, let's for 
the sake of argument concede that it does have that authority, and let 
me address the imprudence of this bill.
  As legislators exercising the legislative power committed to us by 
the Constitution, the compelling question is: Why would we want to do 
what this bill would have us do? What could possibly motivate this 
Congress to adopt this bill as sound public policy? How does this bill 
do anything to protect the Pledge of Allegiance? What respect does it 
show for our venerable institutions? How does it unify us as a Nation?
  I suggest to you that this bill makes the Pledge far more vulnerable 
to assorted, distasteful interpretations than the current law that 
exists at present.
  I appeal to our common sense. Under the bill as drafted, the 
likelihood that different opinions on the Pledge will issue from State, 
territorial and the District of Columbia courts is either ignored or 
deliberately sheltered from challenge. Rather than protect the Pledge 
of Allegiance, this bill invites a patchwork of interpretations from 
all over the country.
  What if your State is the State that determines that your child can 
no longer recite the words ``under God'' in the Pledge? Will you move 
to a neighboring State? Move across the country? Wherever you find a 
friendly State interpretation? But what if there is no Federal 
constitutional determination, and State legislatures are left to change 
the law upon acquiring the appropriate majority. Would you become a 
nomad? Would you move from State to State in search of the right 
position for your child?
  The bill eliminates every single recourse that you have. It 
establishes a mechanism under which an individual's Federal rights 
would depend entirely on the happenstance of location. Ultimately 
coercing children to recite the Pledge without the language ``under 
God'' may be prohibited in one place but not another. Constitutional 
protections could be strong in one State and weak or nonexistent in 
another.
  My amendment would restore the obligation of the Supreme Court to 
exercise its role as the final arbiter of the Constitution. Even if the 
proponents of this measure believe the Federal, district, and circuit 
courts of appeal should be removed from the process, the role of the 
U.S. Supreme Court in establishing uniform standards to apply to all 
Americans wherever they reside should certainly be protected.
  I urge my colleagues to support my amendment.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. The gentleman's time has expired.
  Mr. AKIN. Mr. Chairman, I rise to claim the time in opposition to the 
amendment, and I yield 2 minutes to the gentleman from Iowa (Mr. King).
  Mr. KING of Iowa. Mr. Chairman, I thank the gentleman for yielding 
this time and for his leadership on this issue.
  This issue that is in front of us today is an example of 
congressional restraint, congressional restraint with regard to a court 
that is out of control.
  The Ninth Circuit Court has thrown it back at this Congress time and 
time again, and the activism that has taken place out there in the 
ninth circuit brings me to some things that would be more drastic 
solutions to this than this very careful, very narrow, very gently 
defined legislation that we have before us. It only deals with the 
words ``under God'' in the Pledge.
  We could do far more. In fact, I voted to split the ninth circuit in 
half. I would vote to abolish them if they continue this kind of 
behavior, throwing this into the face of the American people. We are 
not doing that. We are very carefully, very narrowly addressing 
something that the American people are asking for, very well within the 
jurisdiction of the United States Congress. And any Member who votes 
against this legislation may have their opinions, as Mr. Watt does, 
that they are either knowingly or inadvertently or perhaps even 
willfully conceding some power and authority this Congress has to 
control the courts.

[[Page 15075]]

  In the end, it is the Congress that controls the courts. It is not 
three separate but equal branches. In the end, the congressional 
structure is set up for the Congress to determine the final authority 
over the judicial branch of government through the pursestrings. For 
all of our judicial courts and all of our appellate courts, everything 
is a creature of Congress, except the Supreme Court, which is also a 
creature of Congress, but established by the directive and the mandate 
of the Constitution.
  Mr. Chairman, we have the authority to do this. It is a very narrowly 
and carefully defined piece of legislation.
  The Watt amendment is a gutting amendment. It kills the bill. It 
hands this authority over to the Supreme Court, which is our very 
number one concern. We simply want to, with legislation, reflect the 
values of the American people, reflect the values of the history and 
the legacy of our Founding Fathers, and our rights that come from God 
within this Pledge. I urge we oppose the Watt amendment.
  Mr. AKIN. Mr. Chairman, I yield myself the balance of my time.
  Essentially what our bill does, if you want to put it in a simple 
word picture, we are creating a fence. The fence goes around the 
Federal judiciary. We do that because we don't trust them. We don't 
trust them because of previous decisions and because of the simple fact 
that there are not five votes on the Supreme Court to protect our 
beloved Pledge of Allegiance. And 80 percent to 90 percent of Americans 
would like to leave the Pledge of Allegiance the way it is.
  So what does this amendment do? This amendment simply opens a big 
hole in the fence. So the gentleman from Iowa was absolutely right: 
this is a gutting amendment. There is absolutely no reason to pass the 
bill if this amendment were to pass. We simply allow the Supreme Court 
to come in whenever they choose, turn the first amendment upside down 
and simply say to kids, you are not allowed to say the Pledge of 
Allegiance, and we are going to use the first amendment from now on as 
a weapon instead of for free speech to censorship on the courts.
  So I am not persuaded by the pious hand-wringing of liberal activists 
who flinch not at the courts' unfettered march to create some imagined 
utopia at the expense of the separation of powers. It is time for us to 
do our job as Congressmen. It is time to assert ourselves, that we will 
not give unchecked legislative authority to the courts. We have been 
too long rolling over to them. It is time to stand up and say on the 
Pledge of Allegiance, enough is enough.
  Mrs. BIGGERT. Mr. Chairman, I rise today in support of the Watt 
Amendment, which would restore the Supreme Court's jurisdiction over 
questions related to the Pledge of Allegiance.
  The Pledge of Allegiance is an important expression of our shared 
values, and it should be preserved in its current form. I fully support 
the Pledge of Allegiance and urge my colleagues to do the same.
  The intent of this bill is good. In fact, I was a cosponsor of this 
bill in the 108th Congress. However, that was before the provision was 
added to restrict the Supreme Court from hearing cases involving the 
Pledge of Allegiance. The bill we vote on today again strips the 
Supreme Court's jurisdiction over this important constitutional issue.
  I recognize that Congress clearly has the authority under Article III 
of the Constitution to define the jurisdiction or the federal district 
and appellate courts. But constitutional scholars say there is no 
direct precedent for making exceptions to the appellate jurisdiction of 
the Supreme Court.
  I would caution my colleagues to think twice before tampering with 
authorities clearly granted in the Constitution. The issue today may be 
the Pledge, but what if the issue tomorrow is Second Amendment rights, 
civil rights, environmental protection, or a host of other issues that 
members may hold dear?
  I would also ask my colleagues, do we really want 50 different 
versions of the Pledge of Allegiance? I certainly don't think so.
  The Watt amendment would restore to the bill the Supreme Court's 
jurisdiction over questions related to the Pledge of Allegiance, 
changing the bill back to the way it was originally introduced in the 
108th Congress when I was a cosponsor.
  I revere the Constitution and the Pledge of Allegiance. I believe 
that ``Under God'' are two of the most important words in the Pledge. I 
also believe that the Supreme Court should be the final arbiter of all 
federal questions. That's why I urge you to support the Watt Amendment 
to the Pledge Protection Act.
  Mr AKIN. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from North Carolina (Mr. Watt).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. WATT. Mr. Chairman, I demand a recorded vote, and pending that, I 
make the point of order that a quorum is not present.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from North Carolina will be 
postponed.
  The point of no quorum is considered withdrawn.


          Amendment No. 2 Offered by Ms. Jackson-Lee of Texas

  The CHAIRMAN. It is now in order to consider amendment No. 2 printed 
in House Report 109-577.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Ms. Jackson-Lee of Texas:
       Page 3, line 2, insert after ``recitation'' the following: 
     ``, except in a case in which the claim involved alleges 
     coerced or mandatory recitation of the Pledge of Allegiance, 
     including coercion in violation of the protection of the free 
     exercise of religion''.

  The CHAIRMAN. Pursuant to House Resolution 920, the gentlewoman from 
Texas (Ms. Jackson-Lee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I would imagine that Members 
across the campus in their offices and maybe even committee rooms are 
moved by the impassioned pleas by my friends on the other side of the 
aisle, so I want to make a pledge, and that is that I have stood on the 
floor of the House and acknowledged the importance of having our 
schoolchildren and others of America acknowledge and say the Pledge of 
Allegiance every single day. I stand by that statement.
  What bothers me is when Members come to the floor and vote, they will 
look to the name of the proponent and they will simply vote ``no.'' 
They will not understand the crux of the debate. They will not 
understand the sheer quarrel or the sheer amazement that we have with 
this particular legislation in the first place.
  This legislation deals with the idea of protecting the Pledge of 
Allegiance by denying access to the courthouse. My amendment is simple. 
It gives real meaning to the Pledge of Allegiance and the patriotism 
that is felt when it is recited by making it clear that no one can be 
forced or coerced to recite the Pledge of Allegiance or retaliated 
against for not reciting it in those cases where doing so violates 
one's religious beliefs.
  What is the hindrance of Members agreeing to allow one to be able to 
access the courts on the simple ground that it violates one's religious 
beliefs?

                              {time}  1345

  In this way, my amendment ensures that the Pledge of Allegiance is 
being recited freely, voluntarily and without coercion or fear of 
retaliation. In this way, a recited Pledge of Allegiance remains 
sacrosanct, and our national commitment to religious freedom is 
preserved.
  Might I cite for my friends a quote from President Reagan, the great 
communicator himself, who said in 1983, ``The first amendment of the 
Constitution was not written to protect the people of this country from 
religious values, it was written to protect religious values from 
government tyranny.''
  What I would suggest is to close the courthouse door is an example of 
government tyranny. It means that if my 6-year-old friend by the name 
of Hazel, who had a religious belief, whose family had a religious 
belief, who was allowed to sit silently in her seat when

[[Page 15076]]

all of us stood to say I pledge allegiance, that little girl, if forced 
by any school system to do so, now has the courthouse door closed to 
her.
  It means that we are ignoring the West Virginia State Board of 
Education versus Barnett case that mandated that school children recite 
the Pledge of Allegiance. This was done in West Virginia. Under West 
Virginia law, persons who on religious grounds refused to recite the 
Pledge faced expulsion from school. But Justice Jackson wrote, ``To 
believe patriotism will not flourish if patriotic ceremonies are 
voluntary and spontaneous instead of a compulsory routine is to make an 
unflattering estimate of the appeal of our institution to free minds.''
  Mr. Chairman, I have said it is good and good news to say the Pledge 
and to have our school children say the Pledge. This amendment is very 
clear. It does nothing to this particular legislation, other than to 
say that if your grounds are religious based, based on religion, based 
on your defined religious beliefs, why are you denying them the right 
to go into the courthouse on religious beliefs only?
  That is the question that clergy are asking across America. That is 
the question that the American Bar Association, representing lawyers of 
all political persuasions, are asking at this time.
  And I beg of my colleagues to understand that we are protectors of 
liberty. We are protectors of the first amendment. We are not to 
denounce the first amendment. We are not to ignoring the first 
amendment. We are not to stomp on the first amendment. And I would beg 
to say that if we call ourselves protecting the flag, the very flag 
that soldiers in Iraq and Afghanistan are now on the battlefield 
shedding their blood, veterans, and we would deny Americans the right 
to utilize the constitutional branch of government created by the 
Constitution and created by this body.
  Shame on us if we cannot accept the entreaty of a little girl named 
Hazel, who sat next to me in a school a few short years ago, I might 
add, lonely, unprotected, fearful, sitting isolated while we stood to 
say the Pledge. I am grateful that I had a teacher that understood that 
we would not stigmatize her, discriminate against her, and she had her 
freedom.
  This is an important amendment to ensure that all of our freedom is 
protected. I ask my colleagues for a vote for religious freedom and 
liberty and to allow the Jackson-Lee amendment to go forward.
  Mr. Chairman, I have an amendment at the desk. I thank the members of 
the Rules Committee for allowing this amendment to go forward.
  Mr. Chairman, my amendment gives real meaning to the Pledge of 
Allegiance and the patriotism that is felt when it is recited by making 
it clear that no one can be coerced or forced to recite the Pledge, or 
retaliated against for not reciting it in those cases where doing so 
violates one's religious beliefs. In this way, my amendment ensures 
that the Pledge of Allegiance is being recited freely, voluntarily, and 
without coercion or fear of retaliation. In this way, a recited Pledge 
of Allegiance remains sacrosanct and our national commitment to 
religious freedom is preserved.
  Mr. Chairman, my amendment draws inspiration from President Reagan, 
the Great Communicator himself, who said in 1983:

       The First Amendment of the Constitution was not written to 
     protect the people of this country from religious values; it 
     was written to protect religious values from government 
     tyranny.

  H.R. 2389 precludes Federal judicial review of any constitutional 
challenge to recitation of the Pledge of Allegiance--whether it be in 
the lower Federal courts or the U.S. Supreme Court. My amendment does 
not disturb this legislative judgment except in the limited instance of 
cases involving claims of coercion and mandatory recitation. In other 
words, my amendment is intended to protect religious values from 
government tyranny. Nothing less, nothing more.
  Mr. Chairman, in West Virginia State Board of Education v. Barnett, 
the Supreme Court struck down a West Virginia law that mandated 
schoolchildren recite the Pledge of Allegiance. Under West Virginia 
law, persons who, on religious grounds, refused to recite the Pledge 
faced expulsion from school and could be prosecuted and fined for 
violating the statute. In striking down that statute, the great Justice 
Robert Jackson wrote for the Court:

       To believe patriotism will not flourish if patriotic 
     ceremonies are voluntary and spontaneous instead of a 
     compulsory routine is to make an unflattering estimate of the 
     appeal of our institutions to free minds . . . If there is 
     any fixed star in our constitutional constellation, it is 
     that no official, high, or petty can prescribe what shall be 
     orthodox in politics, nationalism, religion, or other matters 
     of opinion or force citizens to confess by word or act their 
     faith therein.

  Mr. Chairman, my amendment is important for another reason. H.R. 
2389, as drafted, insulates the Pledge of Allegiance from 
constitutional challenge in Federal court.
  However, the pledge itself is subject to change by future legislative 
bodies. This means that if some future Congress decides to revise the 
Pledge to include religiously offensive or discriminatory language in 
the Pledge, the authority of the government to compel a person to 
recite that Pledge could not be challenged in Federal court. None of us 
would want that to happen. My amendment ensures that it won't.
  Mr. Chairman, my amendment protects religious minorities. My 
amendment protects judicial review. My amendment protects the 
separation of powers. My amendment strengthens the Pledge by ensuring 
that it recited voluntarily. My amendment ensures that the Pledge, like 
the oath all Members of Congress take, is ``given freely, without 
mental reservation or purpose of evasion.'' I urge all Members to 
support the Jackson-Lee amendment.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. The gentlewoman's time has expired.
  Mr. AKIN. Mr. Chairman, I rise to claim the time in opposition to the 
amendment.
  The CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. AKIN. Mr. Chairman, I yield 3 minutes to my distinguished 
colleague from Arizona, Trent Franks.
  Mr. FRANKS of Arizona. Mr. Chairman, may I first remind all of us of 
words we each spoke not so long ago.
  ``I do solemnly swear that I will support and defend the Constitution 
of the United States against all enemies, foreign or domestic; that I 
will bear true faith and allegiance to the same; that I take this 
obligation freely, without any mental reservation or purpose of 
evasion; and that I will well and faithfully discharge the duties of 
the office on which I am about to enter, so help me God.''
  Mr. Chairman, when we swore this oath, we did not say that we would 
protect the Constitution from everyone except rogue judges.
  The issue that brings us to the floor this day is an act on the part 
of the Ninth Circuit that ruled that the words ``under God'' in a 
voluntary Pledge of Allegiance by our school children is 
unconstitutional.
  It astonishes me, Mr. Chairman, that we even have to address such an 
insane conclusion. I truly believe that if we had lived in the days of 
the Founding Fathers and accused them of intending to outlaw school 
children from saying the words ``under God'' in their voluntary Pledge 
of Allegiance, they would have challenged us to a duel for impugning 
their honor in such an egregious and outrageous fashion.
  Mr. Chairman, when judicial supremacists on the bench desecrate the 
very Constitution that they are given charge, the sacred charge to 
defend, those of us in this Congress who have also made an oath to 
defend the Constitution must respond accordingly.
  The Constitution of the United States, Mr. Chairman, does not 
prohibit school children from saying the words ``under God'' in a 
voluntary Pledge of Allegiance. It is that fundamentally simple.
  Indeed, the Constitution does say that the Congress shall make no law 
respecting an establishment of religion or prohibiting the free 
exercise thereof.
  Mr. Chairman, when the Ninth Circuit decision said school children 
cannot voluntarily say the words ``under God'' in their Pledge of 
Allegiance, these judges, sir, were prohibiting the free exercise 
thereof.
  This legislation would take such a decision away from such rogue 
judges.
  Mr. Chairman, if Congress forsakes their oath and their duty to 
defend the Constitution and allows this magnificent document to fall 
prey to activist judges, we relegate this Republic to an

[[Page 15077]]

arrogant judicial oligarchy. It is an abrogation of our oath of office 
and it tramples on the blood of our Founding Fathers and the soldiers 
who died to give us America and her rule of law.
  There would be nothing left to us at that point but to board up the 
windows in this building and go home and quit pretending to be 
defenders of the United States Constitution or representatives of the 
greatest Republic in the history of humanity.
  Mr. Chairman, it is not too late. I urge this amendment be rejected, 
and the bill be passed as written.
  Mr. AKIN. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson-Lee).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from Texas will be 
postponed.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, in the spirit of reflection 
of this disastrous bill, I ask unanimous consent to withdraw my 
rollcall vote only because I believe that we would denigrate the 
protection of religion even further by subjecting my very good 
amendment to a rollcall vote. It should be already included in this.
  The CHAIRMAN. Without objection, the gentlewoman's request for a 
recorded vote is withdrawn, to the end that the amendment stands 
rejected by voice vote.
  There was no objection.
  So the amendment was rejected.


                  Amendment No. 3 Offered by Mr. Akin

  The CHAIRMAN. It is now in order to consider amendment No. 3 printed 
in House Report 109-577.
  Mr. AKIN. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Akin:
       Add at the end the following:

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act take effect on 
     the date of the enactment of this Act and apply to any case 
     that--
       (1) is pending on such date of enactment; or
       (2) is commenced on or after such date of enactment.

  The CHAIRMAN. Pursuant to House Resolution 920, the gentleman from 
Missouri (Mr. Akin) and a Member opposed each will control 5 minutes.
  Mr. NADLER. Mr. Chairman, I claim the time in opposition.
  The CHAIRMAN. The gentleman from New York will control the 5 minutes 
in opposition.
  The Chair recognizes the gentleman from Missouri.
  Mr. AKIN. Mr. Chairman, could I just ask, is the other side going to 
be speaking on the amendment?
  The CHAIRMAN. Mr. Nadler has claimed the 5 minutes in opposition, so 
I assume he is going to speak.
  Mr. AKIN. That is a good assumption.
  Mr. Chairman, the purpose of this amendment and the reason it was 
added, to some degree in a last-minute nature, was because of the 
Hamden decision. The Hamden decision, a majority of the Supreme Court 
on an Article III, section 2 question said that because a particular 
issue, in this case it was Gitmo, was being considered in the courts, 
that the article III, section 2 language didn't apply.
  Now, this is completely inconsistent with all previous rulings of the 
Supreme Court. But we thought, just to be safe, that what we would do 
here would be to add language that makes it clear that not only does 
this bill consider any future cases that are brought before the court, 
the Federal courts, but also existing cases, in this case, again, the 
challenge to the Pledge that is already in the Federal court system and 
is before the Ninth Circuit out in California and some of the States in 
the West. So that was the reason for this technical and perfecting 
amendment, certainly to clarify, just simply to clarify that this bill 
would apply not only to future legislation but cases that are currently 
before the Court.
  Along those lines, I think it is very important for us to once again 
affirm the importance of our discussion and our debate here today. It 
is ultimately the job of the legislative branch and the executive 
branch to provide some check and balance on the Supreme Court.
  There would be no argument from me if the Supreme Court based all of 
their decisions on the rules, that is the U.S. Constitution. However, 
the Supreme Court has gone beyond that increasingly, and it is our 
concern that they will go well beyond the U.S. Constitution in 
considering this case.
  We have every reason to believe that we do not have five Justices 
that will support the Pledge. We have every reason to believe that the 
Pledge could easily be struck, and it is for that reason that this bill 
has been introduced.
  Now, some would say that, in fact I believe the minority leader 
called what is going on on this floor a charade. I think that is a 
rather harsh way of describing people that have a genuine interest in 
the Pledge of Allegiance, have a genuine interest in the heart of what 
this good Nation was based on, the idea that there is, in fact, a God 
that grants basic inalienable rights to all people, and that the job of 
government is to protect those basic rights.
  Part of that U.S. Constitution includes the first amendment, and the 
first amendment has to do with free speech. I can understand the use of 
the first amendment to say to someone, you are not required to give an 
oath that you don't believe in. But I cannot understand how you can 
look at free speech as a tool to censor school children across America 
from saying that they cannot, they are going to censor the Pledge of 
Allegiance, they cannot say the Pledge of Allegiance.
  This is the time for this Congress to stand up, to be strong, and to 
take notice of the fact that the Court will no longer be making these 
forays of absolutely unchecked legislative decision-making. And it is 
time for us to stand up and say no to a Court that is effectively 
trying to create their own set of rules instead of reading the U.S. 
Constitution.
  Mr. Chairman, I think that there is good evidence from the way that 
the Court has handled the fifth amendment in allowing the 
redistribution of private property willy nilly, without a government 
purpose, I think there is good reason to be concerned as the Court has 
taken to itself a power to tax, which is unconstitutional. There is 
good reason for us to be concerned about the Court's overrunning their 
constitutional bounds.
  It is time for us to show the backbone to stand up to the Court. It 
is time for us to say no to this unregulated, general legislative 
authority.
  Mr. Chairman, I yield back the balance of my time.
  Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, we are now down to the heart of the matter. This entire 
spectacle is aimed at a possible decision by one Court that the 
directed recitation by school children under the instruction of their 
teacher of the phrase ``under God'' may violate the first amendment 
rights of those children.
  Let's be clear. Nowhere in the United States is the use of the phrase 
``under God'' prohibited in the public schools. In the only two cases 
in which the Court ruled that the directed recitation of the phrase 
``under God'' violated the establishment clause, the Supreme Court 
vacated one ruling, and has issued a stay preventing the second ruling 
from interfering with the recitation of the Pledge.
  For this we need to take a chain saw to the Constitution? For this we 
need to endanger the religious liberty of religious minorities like the 
Jehovah's Witnesses, who were thrown out of school because their 
religion barred them from saying the Pledge?
  Only the Supreme Court protected their rights in violence against 
Jehovah's Witnesses that ensued.
  This bill would not only prevent the Supreme Court from ruling on the 
constitutionality of directing school children to recite the phrase 
``under God,''

[[Page 15078]]

it would also overturn the 1943 Supreme Court Jehovah's Witnesses case 
and allow the punishment or expulsion of school children for refusing 
to recite a pledge that violates their religion or their conscience.

                              {time}  1400

  We may be endowed, Mr. Chairman, by our Creator with certain 
unalienable rights, but people can, and routinely do, violate and take 
away those rights. That is why we need a Supreme Court, to protect 
these rights even when political majorities will not.
  Supporters of this bill have candidly said they disagree with the 
Supreme Court, and that, in their opinion, the Supreme Court has gone 
beyond its powers, and that we, in effect, should overrule it and 
prevent them from ruling in these cases. We have heard this before. 
Look at the notorious ``Southern Manifesto'' against the Supreme Court 
decision in the Brown v. Board of Education 50 years ago: ``We regard 
the decisions of the Supreme Court in the school cases as a clear abuse 
of judicial power. It climaxes a trend in the Federal judiciary 
undertaking to legislate, in derogation of the authority of Congress, 
and to encroach upon the reserved rights of the States and the 
people.''
  That is what we hear whenever people disagree with the Supreme Court, 
in the school desegregation cases and now. And this amendment makes the 
point of the bill explicit.
  The sponsors are afraid of what the Supreme Court may do in a pending 
case on this subject that may come before them and therefore explicitly 
strip the Federal courts of jurisdiction even over a pending case. This 
is Congress saying to a specific plaintiff, we do not approve of your 
claim of a violation of your constitutional right; so we are going to 
shut the courthouse door in your face.
  This is a dangerous enterprise. I respect my friend's concerns and 
his right to disagree with the courts, but we must not destroy our 
Constitution and the one independent bulwark of our liberty. I urge 
defeat of this bill.
  Mr. Chairman, I yield for the purpose of making a unanimous consent 
request to the distinguished ranking member of the Judiciary Committee, 
Mr. Conyers.
  Mr. CONYERS. Mr. Chairman, I rise today to oppose this amendment and 
am against any amendment that would throw out any case currently 
pending in the Court.
  This amendment would add language making it explicit that this 
already unconstitutional bill is effective immediately and applies to 
all pending and future litigation. As it currently stands, this bill 
does nothing to protect religious minorities from being coerced into 
reciting the Pledge, in violation of their First Amendment right of 
free speech. This amendment would effectively throw out any case that 
is currently pending in court in which a child's right to be free from 
religious persecution is being vindicated, and would slam the 
courthouse door shut in their faces.
  H.R. 2389 as a whole is premature and should not be on our list of 
priorities.
  What I find particularly troubling about this bill, setting aside all 
of the concerns that I have already stated, is its timing. It seems 
that my colleagues in the majority have lost sight of our priorities. 
At a time of record budget deficits and gasoline prices, when we are 
engaged in a quagmire in Iraq, when more than 45 million people are 
uninsured in this nation, and every day workers are seeing their 
pensions and health care benefits jeopardized, surely we can find 
better things to do with our time as a congress than bash the courts.
  Why then is something as arbitrary as a bill that would strip our 
Federal courts of their authority to hear an issue that the highest 
court in our land has never spoke on at the top of our list of ``things 
to do''? Need I remind my colleagues that the Supreme Court has never, 
since the inclusion of the words ``under God'' into the Pledge of 
Allegiance back in 1954, discussed or ruled on its constitutionality? 
Why then do we need this legislation at all? Why then do we need to 
offer this legislation now? It is our rights as individuals that are at 
stake right now--not the sanctity and preservation of the Pledge.
  I urge my colleagues to vote ``no'' on this amendment.
  Mr. NADLER. Mr. Chairman, how much time do I have left?
  The CHAIRMAN. The gentleman from New York has 1\1/2\ minutes.
  Mr. NADLER. Mr. Chairman, I will not use the 1\1/2\ minutes. I will 
simply say that this amendment is dangerous for the same reason that 
the bill is dangerous. We should not say, in the case of this 
amendment, to someone who is a plaintiff in a court in a pending case, 
we are going to shut the courthouse door in your face because we are 
afraid the Supreme Court might issue a decision. It has not done it 
yet, but we are afraid the Supreme Court might issue a decision that we 
disagree with. We do not trust the courts. We do not agree with them. 
Never mind that George Bush has appointed two new members of the Court. 
We still do not agree with it, and, therefore, we are going to try to 
strip them of their jurisdiction.
  That way strips the protection of our liberties from us. We need the 
courts to protect our liberties. Our constitutional rights can only be 
vindicated by the courts stepping in when the political branches of 
government violate the rights of unpopular minorities. That is what the 
courts have done throughout our history, and we need that protection to 
continue. And that is why this bill is not only subversive of our 
constitutional rights, but unconstitutional.
  The bill ought to be defeated. The amendment ought to be defeated.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Missouri (Mr. Akin).
  The amendment was agreed to.
  Mr. AKIN. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Marchant) having assumed the chair, Mr. LaTourette, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2389) to 
amend title 28, United States Code, with respect to the jurisdiction of 
Federal courts over certain cases and controversies involving the 
Pledge of Allegiance, had come to no resolution thereon.

                          ____________________




          REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 3044

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent to remove my name 
from cosponsorship of H.R. 3044.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules 
on which a recorded vote or the yeas and nays are ordered, or on which 
the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken later today.

                          ____________________




 COMMENDING NASA ON COMPLETION OF THE SPACE SHUTTLE'S SECOND RETURN-TO-
                             FLIGHT MISSION

  Mr. CALVERT. Mr. Speaker, I move to suspend the rules and agree to 
the concurrent resolution (H. Con. Res. 448) commending the National 
Aeronautics and Space Administration on the completion of the Space 
Shuttle's second Return-to-Flight mission.
  The Clerk read as follows:

                            H. Con. Res. 448

       Whereas, on July 4, 2006, the National Aeronautics and 
     Space Administration performed a successful launch of the 
     Space Shuttle Discovery;
       Whereas this mission, known as STS-121, marks the second 
     Return-to-Flight mission;
       Whereas the crew of the Discovery consisted of Colonel 
     Steve Lindsey, Commander Mark Kelly, Piers Sellers, Ph.D, 
     Lieutenant Colonel Mike Fossum, Commander Lisa Nowak, 
     Stephanie Wilson, and Thomas Reiter;
       Whereas the STS-121 mission tested Space Shuttle safety 
     improvements, building on

[[Page 15079]]

     findings from Discovery's flight last year, including a 
     redesign of the Space Shuttle's External Tank foam 
     insulation, in-flight inspection of the shuttle's heat 
     shield, and improved imagery during launch;
       Whereas the STS-121 mission re-supplied the International 
     Space Station by delivering more than 28,000 pounds of 
     equipment and supplies, as well as added a third crew member 
     to the International Space Station;
       Whereas, due to the overall success of the launch and on-
     orbit operations, the mission was able to be extended from 12 
     to 13 days, allowing for an additional space walk to the two 
     originally scheduled;
       Whereas the success of the STS-121 mission is a tribute to 
     the skills and dedication of the Space Shuttle crew, the 
     National Aeronautics and Space Administration, and its 
     industrial partners;
       Whereas all Americans benefit from the technological 
     advances gained through the Space Shuttle program; and
       Whereas the National Aeronautics and Space Administration 
     plays a vital role in sustaining America's preeminence in 
     space: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring),  That it is the sense of Congress that the 
     National Aeronautics and Space Administration be commended 
     for--
       (1) the successful completion of the Space Shuttle 
     Discovery's STS-121 mission; and
       (2) its pioneering work in space exploration which is 
     strengthening the Nation and benefitting all Americans.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Calvert) and the gentlewoman from Texas (Ms. Jackson-
Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. CALVERT. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on H. Con. Res. 448, the concurrent 
resolution now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I rise in hearty support of H. Con. Res. 448, 
which commends the National Aeronautics and Space Administration for 
its successful completion of the space shuttle's second return-to-
flight test mission. NASA gave the United States a birthday present and 
the best fireworks show imaginable with the breathtaking launch of the 
Discovery mission, also known as STS-121, on the Fourth of July this 
year.
  The shuttle Discovery spent nearly 13 days in orbit, 9 of which were 
spent docked to the international space station. During the 18th 
shuttle mission to the international space station, the STS-121 crew 
members delivered over 28,000 pounds of equipment and supplies and 
transported one additional crew member to the station for a 6-month 
stay. The astronauts also performed three successful space walks to 
test equipment and to conduct maintenance.
  This Discovery mission is an essential building block for the Vision 
for Space Exploration to the Moon, Mars, and Beyond. NASA is already 
fast at work on preparation for the next shuttle launch, with a window 
that begins on August 28, just a little more than a month away. This 
mission will resume the assembly of the international space station 
with the delivery of two truss sections and a set of solar arrays.
  NASA Administrator Mike Griffin, the Discovery crew, and the men and 
women of NASA deserve accolades from the American public for a 
successful STS-121 mission and for effectively reviving America's space 
program to the heights of its glory. These astronauts represent the 
best of humankind. As the President stated upon the return of the 
Discovery crew on Monday: ``Your courage and commitment to excellence 
have inspired us all, and a proud Nation sends its congratulations on a 
job well done. America's space program is a source of great national 
pride.''

                              {time}  1415

  I urge the passage of H. Con. Res. 448.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I thank the distinguished chairman and ranking member of 
the full committee and the chairman and ranking member of the 
subcommittee, Mr. Paul of Texas, Mr. Boehlert and Mr. Calvert, and 
those of us enthusiastically in support of this very, very important 
resolution.
  I would like to first of all acknowledge the human factor, and that 
is to call out the names of COL Steve Lindsey, CDR Mark Kelly, Piers 
Sellers, Ph.D., LTC Mike Fossum, CDR Lisa Nowak, Stephanie Wilson and 
Thomas Reiter, congratulations to these very expert, profound and 
committed Americans, brave Americans, and to really congratulate their 
efforts and the STS-121; to commend, as I said, my colleague from 
Texas, for allowing us today to acknowledge how important this launch 
is.
  It was launched safely and it reentered safely. In addition, STS-121 
was the 115th shuttle station, and the 18th to visit the space station, 
on which we left a very new member of the able space station family. 
This particular launch had a special emphasis because it was launched 
on July 4th, the Nation's birthday. What a spectacular event.
  I would simply say in addition to its launch, the important work that 
was done, the important space exploration that was done by two of the 
members of the team, two crew members, Piers Sellers and Mike Fossum, 
ventured outside the Space Shuttle three times on space walks. I 
remember as a child the amazing experience that one would see and 
envision as the initial space launches began, and then subsequently as 
we saw the space walks that began, but then to be able to acknowledge 
when one astronaut stepped first on the Moon.
  During the first space walk, they prepared the international space 
station's railcar for restoration and successfully tested whether the 
combination of the space shuttle's robotic arm and orbital boom sensor 
system could be a platform to make repairs.
  During the second space walk, they restored the station's mobile 
transport. On the third space walk, Sellers and Fossum tested methods 
of repairing a damaged orbiter.
  Let me just simply say as we look at all of the work, Mission 
Specialist Thomas Reiter remained in the international space station 
and he was the backup. Stephanie Wilson from my community, as many of 
you know, the astronauts live in Houston, let me also pay special 
tribute to Stephanie Wilson, the second African American woman to go 
into space. Lisa Nowak added to this pool of outstanding women.
  So allow me to close by simply saying that this was unique not only 
because of its launch on July 4th, but because of the new culture of 
safety; because I questioned whether this launch should go forward in 
light of the safety engineer's comments and the controversy before the 
launch. But now, in the new culture of safety, NASA vetted those 
concerns and NASA continued to vet them throughout the launch. They did 
an extensive review of the space shuttle before reentry. This 
pronounces that we are ready, we are ready to take on the 
responsibility, and we are ready to accept risk but not without every 
attention to safety.
  So I would simply say to my colleagues, I ask enthusiastically that 
we support this resolution.
  Mr. Speaker, I ask unanimous consent that the gentleman from North 
Carolina (Mr. Miller) be able to manage the rest of my time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Mr. CALVERT. Mr. Speaker, I am happy to yield 4 minutes to the 
gentleman from Texas (Mr. Paul), the author of this resolution and a 
great supporter of the great work of NASA.
  Mr. PAUL. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I am pleased to sponsor H. Con. Res. 448, a resolution 
commending the people of the National Aeronautics and Space 
Administration for the latest mission of the Space Shuttle Discovery, 
and I thank the

[[Page 15080]]

Science Committee and the House leadership for their assistance in 
bringing this resolution to the floor.
  Successfully launched on July 4th, this mission, known as STS-121, 
marks the second mission of the return-to-flight sequence. STS-121 
originally was scheduled to perform just two space walks. However, due 
to the overall success of the launch, the mission was extended from 12 
days to 13 days, allowing for an additional space walk.
  Among the tasks that were performed on this mission are tests of 
shuttle safety improvements to build on findings from Discovery's 
flight last year, including a redesign of the shuttle's external fuel 
tank's foam insulation, inflight inspection of the shuttle's heat 
shield, improved imagery during launch, and the ability to launch a 
shuttle rescue mission. The external tank, which underwent work during 
the mission to reduce foam loss, performed well this time, especially 
early in the flight.
  The STS-121 mission also bolstered the international space station by 
making a key repair and delivering more than 28,000 pounds of equipment 
and supplies, as well as adding a third crew member to the space 
station.
  STS-121 was NASA's most photographed mission in shuttle history, as 
more than 100 high definition, digital, video and film cameras assessed 
whether any debris comes off the external tank during the shuttle's 
launch.
  Mr. Speaker, the success of STS-121 is a tribute to the skills and 
dedication of all NASA employees, especially the Space Shuttle 
Discovery crew of Colonel Steve Lindsey, Commander Mark Kelly, Piers 
Sellers, Ph.D., Lieutenant Colonel Mike Fossum, Commander Lisa Nowak, 
Stephanie Wilson and Thomas Reiter.
  I would like now to close with a particular quote that is very 
pertinent for what we are doing here with this resolution. This comes 
from a famous author of the last century, who might have been one of 
the most famous, who wrote a book that many Members of this Congress 
may well have read. The interesting thing about this quote, it comes 
from an individual who was not much in favor of big government. As a 
matter of fact, she was in favor of very, very limited government, and 
she introduced the ideas of libertarianism to millions of Americans.
  But nevertheless, it just happened that NASA was her favorite 
government agency, and therefore after the Moon landing in 1979 she 
wrote very favorably about NASA, which in some ways contradicted her 
philosophy, but it also spoke to the tremendous brilliance and success 
of the Moon exploration program.
  That author that I want to quote is the author of Atlas Shrugged, Ayn 
Rand, who wrote this shortly after the Moon landing in 1969. And 
although this is written in praise of the Moon landing, it applies to 
all those individuals who participated in STS-121.
  The quote goes this way: ``Think of what was required to achieve that 
mission. Think of the unpitying effort; the merciless discipline; the 
courage; the responsibility of relying on one's judgment; the days, 
nights and years of unswerving dedication to a goal; the tension of an 
unbroken maintenance of a full, clear mental focus and honesty. It took 
the highest, sustained acts of virtue to create in realty what had only 
been dreamt of for millennia.''
  I encourage all my colleagues and all Americans to join me in 
commending NASA for completing this mission and all of NASA's work.
  Mr. MILLER of North Carolina. Mr. Speaker, I yield 5 minutes to the 
gentleman from Texas (Mr. Al Green).
  Mr. AL GREEN of Texas. Mr. Speaker, I rise today in support of the 
resolution, and I rise, Mr. Speaker, to make note of the heroes in our 
society and the heroines in our society.
  As I do so, I am reminded of a statement that calls to our attention 
the notion that a great person or great people will always rise to the 
occasion, and our astronauts have truly risen to the occasion. They are 
making it possible for us to travel not only to the planets, but also 
to the stars and beyond. They have truly risen to the occasion.
  However, just as a great person will always rise to the occasion, it 
takes an even greater people to make the occasion, and I want to salute 
as well the many persons, some of whom are nondescript, who help make 
it possible for a great people to rise to the occasion: the janitors 
who work as a part of this team, all of the contractors and 
subcontractors who are a part of this team. Every person associated 
with this effort deserves to be commended for the outstanding job that 
has been done.
  So today we celebrate not only those who rise to the occasion, but 
also those who make the occasion.
  Mr. CALVERT. Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of North Carolina. Mr. Speaker, I yield 3 minutes to the 
gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, I thank the gentleman.
  Mr. Speaker, I rise to congratulate the crew and all of the NASA 
employees on the successful completion of their mission, known as STS-
121, the second return-to-flight mission. The mission serves as another 
example of the historic accomplishments of each of NASA's centers.
  I am proud to say that the NASA Glenn Research Center in Cleveland, 
Ohio played an essential role in the mission. Over the last year, NASA 
Glenn's researchers and scientists have worked to improve the safety of 
the shuttle.
  Glenn's supersonic 8 by 6 foot wind tunnel was used to make detailed 
measurements of the ways in which the shuttle would be affected by the 
absence of what is called the protuberance air load ramps, PAL. The PAL 
ramp is used to smooth the airflow over the exterior cables and fuel 
lines. The information gained from the tests was used to decide to fly 
without the PALs, which is the biggest aerodynamic change in the 
history of the space shuttle.
  Glenn has also been part of a team testing NOAX, a material designed 
to fill spaces in the shuttle's surface. On the third space walk, 
shuttle astronauts tested the compound's performance during the intense 
heat of reentry. Early indications are that the experiment went very 
well.
  Glenn also has experiments in the international space station that 
will further the safety of human presence in outer space. For example, 
this mission began an experiment on the space station that will improve 
the detection of fire in a microgravity environment.
  NASA is deserving of thanks and congratulations from Congress. I 
support this resolution. I thank Congressman Paul for offering it, and 
I want to thank all of my colleagues who have been supportive of this 
program and who understand its relationship to the future of our Nation 
and the future of the world.
  Mr. CALVERT. Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of North Carolina. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I regret that there are no NASA facilities in my 
district. We are available if NASA has the need of additional 
facilities.
  Mr. Speaker, I rise in strong support of this resolution. As the 
adult who sat transfixed as a child in my elementary school classroom 
and watched as we launched first Alan Shepard, then Gus Grissom and 
then John Glenn into space, and sat and watched transfixed each time we 
put human beings into space, it is a remarkable accomplishment. I feel 
as much in awe of the crew of STS-121 as I felt as a small child in 
watching those first Mercury flights.
  It is an accomplishment that requires great skill, and, as we have 
been painfully reminded on two occasions, it is one that still requires 
great physical courage. This is not a safe undertaking. It cannot be 
made safe. It requires great physical courage for the crew to fly into 
space to pursue space travel as they do.
  It is also a remarkable accomplishment for the team of employees at 
NASA who remained on the ground and for all the contractors as well, 
the team at the National Aeronautics and Space Administration.
  The crew of the STS-121, again, I know that Mr. Calvert has already

[[Page 15081]]

said who they were, Colonel Steve Lindsey, Commander Mark Kelly, Piers 
Sellers, Ph.D., Lieutenant Colonel Mike Fossum, Commander Lisa Nowak, 
Stephanie Wilson and Thomas Reiter, specifically launched into orbit 
above the Space Shuttle Discovery, the second return-to-space flight 
after the disaster, the tragedy of a few years ago.

                              {time}  1430

  Colonel Lindsey said after landing STS-121 that there were two goals 
for the mission. The first was to complete the return-to-flight tasks 
begun with the first return-to-flight mission in July of 2005 by flying 
an improved external tank and testing shuttle repair procedures while 
in orbit, which apparently is considerably more difficult than 
conducting those repairs in a garage bay or in a bay.
  The second goal was to prepare the international space station for 
future assembly and to boost the number of people living on the space 
station from two to three.
  Both of those goals were successfully completed by the mission. For 
the first time since 2003, the international space station now has 
three members. European Space Agency astronaut Thomas Reiter joined 
Russian Pavel Vinogradov and American Jeff Williams.
  In addition to those goals, the crew was able to make never-before-
seen high-resolution images of the shuttle during and after the July 
Fourth launch, making that mission the most photographed in the shuttle 
mission.
  And the tragedy a few years ago has reminded us, or should remind us, 
that that ability to look at the shuttle and figure out its current 
status, its current condition is one that is critical to successful 
safe future flights.
  There were many high-definition digital, video and film cameras 
documenting the launch and the climb into orbit, and they did help 
determine whether the shuttle had experienced any damage and whether 
there were any concerns with return to Earth such as the tragedy that 
came upon the Discovery.
  They also performed inspection of the shuttle heat shield while in 
space. And on their third space walk during the mission, they tested 
different techniques for inspecting and repairing the reinforced carbon 
segments that protect the shuttle's nose cone and the right leading 
edge, again, an important safety concern because of the Discovery 
tragedy.
  The crew also delivered 28,000 pounds of equipment and supplies to 
the international space station and repaired a rail car on the 
international space station.
  Through this successful launch and the technological advances that 
the crew made while in space, we can look forward in the not-too-
distant future to the complete assembly of the international space 
station.
  Mr. Speaker, it also increases, the successful mission increases, the 
likelihood that we can keep the Hubble space telescope in service, 
perform necessary repairs as well as routine maintenance, to the extent 
that you can call that routine maintenance.
  Mr. Speaker, the flights of the Discovery showed that the team of 
NASA employees and contractors still have the right stuff or still are 
deserving of our awe and admiration, as the awe and admiration I felt 
as a child for those first Mercury astronauts.
  Mr. Speaker, there being no further speakers, I yield back the 
balance of my time.
  Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume. 
Once again, I want to congratulate the crew, the NASA team, the 
contractors for the successful completion of STS-121. We look forward 
to future success as we continue our journey exploring the unknown and 
to do things that require skill, technical expertise, courage, and the 
will to succeed.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to support H. 
Con. Res. 448--Commending the National Aeronautics and Space 
Administration on the completion of the Space Shuttle's second Return-
to-Flight mission.
  I can think of no better way to celebrate this great Nation's 
Independence Day than to witness the triumph of science and innovation. 
As a Member of the House Science Committee and the Senior Member of the 
Subcommittee on Space and Aeronautics, it was a thrill and a joy to see 
Space Shuttle Discovery launch on July 4.
  The Discovery crew finished their 13-day mission, which included a 
docking with the International Space Station, two space walks, but most 
importantly, a keen review of all safety issues.
  We began to focus on the issue of safety when the issues were raised 
by NASA safety engineers just before the launch of Discovery the first 
week of July. I met with NASA Administrator Michael Griffin just before 
the launch, and I am pleased that emphasis and priority has been placed 
on the safety of the astronauts and the space shuttle.
  This was an exciting and positive mission. Over the course of the 5.8 
million mile journey, the STS-121 Mission Crew succeeded in testing 
shuttle safety improvements, repairing a rail car on the International 
Space Station and producing unprecedented images of the shuttle during 
and after its July 4 launch. In addition, the entire mission exhibited 
a new concern with safety to coincide with NASA's exemplary reputation 
for accuracy, precision, and innovation.
  Americans love their space program and it is the first priority of 
NASA and Members of Congress to ensure that it is a viable, continuing, 
and safe program. The survival of the space program has to be premised 
with an understanding of the risk, yet at the same time must embrace 
this new important culture of safety.
  I would like to extend my thanks to STS-121, Commander Steve Lindsey, 
Pilot Mark Kelly, and Mission Specialists Piers Sellers, Stephanie 
Wilson, Lisa Nowak, and Michael Fossum. Your courage and resolve will 
continue to be an inspiration for generations to come.
  Welcome home Discovery.
  Mr. WELDON of Florida. Mr. Speaker, I would like to extend 
congratulations to NASA and the Shuttle program for the successful STS-
121 mission on Space Shuttle Discovery. On July 4th, I watched with 
pride as the NASA performed a successful launch of the Space Shuttle 
Discovery, a fitting tribute to NASA, our brave astronauts, and our 
incredible space program.
  STS-121 successfully confirmed the Space Shuttle safety improvements, 
including the redesigned External Tank foam insulation, the heat 
shield, and improved imagery during launch. STS-121 also successfully 
supplied the International Space Station with more than 28,000 pounds 
of much-needed equipment and supplies.
  Our amazing astronauts also gave us earth-bound admirers three awe-
inspiring spacewalks. My hearty congratulations go to the entire 
Discovery crew--Commander Steven Lindsey, Pilot Mark Kelly, and Mission 
Specialists Michael Fossum, Lisa Nowak, Piers Sellers, and Stephanie 
Wilson.
  With the completion of the flawless 13-day mission of STS-121 on 
Space Shuttle Discovery, NASA proved that both its Space Shuttle 
program and the International Space Station program are once again on 
firm footing. Americans can be confident that NASA's goal of completing 
the construction of the space station will be realized.
  And this confidence-building mission comes at the right time, since 
the most complicated space assembly mission that has ever been 
scheduled in human space flight will happen in only a month and a half. 
Starting in August, NASA will launch a series of missions to finish the 
backbone of the International Space Station. These shuttle missions 
will be the most complex since the Apollo program.
  These are great challenges for NASA, but America's space agency 
continues to prove that it is up to the job. I have complete confidence 
that NASA will be successful with the remaining 15 Shuttle missions to 
complete the space station before the shuttle's retirement in 2010.
  Our Space Shuttle program has proven that it is on track to 
completing its remaining missions and NASA is on track to continue the 
manned space program, including the return of Americans to the surface 
of the Moon.
  Mr. CALVERT. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Calvert) that the House suspend the 
rules and agree to the concurrent resolution, H. Con. Res. 448.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.

[[Page 15082]]


  Mr. CALVERT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




                       MESSAGE FROM THE PRESIDENT

  A message in writing from the President of the United States was 
communicated to the House by Mr. Sherman Williams, one of his 
secretaries.

                          ____________________




              MT. SOLEDAD VETERANS MEMORIAL PROTECTION ACT

  Mr. HUNTER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5683) to preserve the Mt. Soledad Veterans Memorial in San 
Diego, California, by providing for the immediate acquisition of the 
memorial by the United States, as amended.
  The Clerk read as follows

                               H.R. 5683

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

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) The Mt. Soledad Veterans Memorial has proudly stood 
     overlooking San Diego, California, for over 52 years as a 
     tribute to the members of the United States Armed Forces who 
     sacrificed their lives in the defense of the United States.
       (2) The Mt. Soledad Veterans Memorial was dedicated on 
     April 18, 1954, as ``a lasting memorial to the dead of the 
     First and Second World Wars and the Korean conflict'' and now 
     serves as a memorial to American veterans of all wars, 
     including the War on Terrorism.
       (3) The United States has a long history and tradition of 
     memorializing members of the Armed Forces who die in battle 
     with a cross or other religious emblem of their faith, and a 
     memorial cross is fully integrated as the centerpiece of the 
     multi-faceted Mt. Soledad Veterans Memorial that is replete 
     with secular symbols.
       (4) The patriotic and inspirational symbolism of the Mt. 
     Soledad Veterans Memorial provides solace to the families and 
     comrades of the veterans it memorializes.
       (5) The Mt. Soledad Veterans Memorial has been recognized 
     by Congress as a National Veterans Memorial and is considered 
     a historically significant national memorial.
       (6) 76 percent of the voters of San Diego supported 
     donating the Mt. Soledad Memorial to the Federal Government 
     only to have a superior court judge of the State of 
     California invalidate that election.
       (7) The City of San Diego has diligently pursued every 
     possible legal recourse in order to preserve the Mt. Soledad 
     Veterans Memorial in its entirety for persons who have served 
     in the Armed Forces and those persons who will serve and 
     sacrifice in the future.

     SEC. 2. ACQUISITION OF MT. SOLEDAD VETERANS MEMORIAL, SAN 
                   DIEGO, CALIFORNIA.

       (a) Acquisition.--To effectuate the purpose of section 116 
     of division E of Public Law 108-447 (118 Stat. 3346; 16 
     U.S.C. 431 note), which, in order to preserve a historically 
     significant war memorial, designated the Mt. Soledad Veterans 
     Memorial in San Diego, California, as a national memorial 
     honoring veterans of the United States Armed Forces, there is 
     hereby vested in the United States all right, title, and 
     interest in and to, and the right to immediate possession of, 
     the Mt. Soledad Veterans Memorial in San Diego, California, 
     as more fully described in subsection (d).
       (b) Compensation.--The United States shall pay just 
     compensation to any owner of the property for the property 
     taken pursuant to this section, and the full faith and credit 
     of the United States is hereby pledged to the payment of any 
     judgment entered against the United States with respect to 
     the taking of the property. Payment shall be in the amount of 
     the agreed negotiated value of the property or the valuation 
     of the property awarded by judgment and shall be made from 
     the permanent judgment appropriation established pursuant to 
     section 1304 of title 31, United States Code. If the parties 
     do not reach a negotiated settlement within one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense may initiate a proceeding in a court of competent 
     jurisdiction to determine the just compensation with respect 
     to the taking of such property.
       (c) Maintenance.--Upon acquisition of the Mt. Soledad 
     Veterans Memorial by the United States, the Secretary of 
     Defense shall manage the property and shall enter into a 
     memorandum of understanding with the Mt. Soledad Memorial 
     Association for the continued maintenance of the Mt. Soledad 
     Veterans Memorial by the Association.
       (d) Legal Description.--The Mt. Soledad Veterans Memorial 
     referred to in this section is all that portion of Pueblo lot 
     1265 of the Pueblo Lands of San Diego in the City and County 
     of San Diego, California, according to the map thereof 
     prepared by James Pascoe in 1879, a copy of which was filed 
     in the office of the County Recorder of San Diego County on 
     November 14, 1921, and is known as miscellaneous map No. 36, 
     more particularly described as follows: The area bounded by 
     the back of the existing inner sidewalk on top of Mt. 
     Soledad, being also a circle with radius of 84 feet, the 
     center of which circle is located as follows: Beginning at 
     the Southwesterly corner of such Pueblo Lot 1265, such corner 
     being South 17 degrees 14'33" East (Record South 17 degrees 
     14'09" East) 607.21 feet distant along the westerly line of 
     such Pueblo lot 1265 from the intersection with the North 
     line of La Jolla Scenic Drive South as described and 
     dedicated as parcel 2 of City Council Resolution No. 216644 
     adopted August 25, 1976; thence North 39 degrees 59'24" East 
     1147.62 feet to the center of such circle. The exact 
     boundaries and legal description of the Mt. Soledad Veterans 
     Memorial shall be determined by survey prepared by the 
     Secretary of Defense. Upon acquisition of the Mt. Soledad 
     Veterans Memorial by the United States, the boundaries of the 
     Memorial may not be expanded.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Hunter) and the gentleman from North Carolina (Mr. 
Butterfield) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. HUNTER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
on the legislation under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today I rise to ask my colleagues' support for H.R. 
5683, the Mt. Soledad Veterans Memorial Protection Act. Since 1954, a 
29-foot cross has stood atop Mt. Soledad in San Diego, California, 
memorializing the sacrifices of American soldiers during World War I, 
World War II, and the Korean conflict.
  This beautiful and historic memorial cross was erected and is 
maintained by a private organization, the Mt. Soledad Memorial 
Association, with the permission of the city of San Diego.
  Over the years, the memorial association has added many elements to 
this memorial, including over 1,700 granite plaques commemorating 
individual servicewomen and men on concentric walls, bollards, pavers, 
and a flag pole proudly flying the American flag. The memorial cross 
now is fully integrated as a centerpiece of the multifaceted Mt. 
Soledad Veterans Memorial. It is without question a world-class war 
memorial, dedicated to all of those, regardless of race, religion or 
creed, who have served our armed services.
  In 1989, a single plaintiff brought suit against the city of San 
Diego because he stated he was offended by the sight of the cross. The 
district court found that presence of this memorial cross violated the 
California Constitution's guarantee of free exercise and enjoyment of 
religion without discrimination or preference and ordered the removal 
of the display.
  The city of San Diego, like other municipalities faced with similar 
court orders, endeavored in good faith to divest itself of the memorial 
property by selling it to a private party who could choose to display 
the memorial cross.
  In this case, however, the Ninth Circuit Court of Appeals found that 
the method of sale violated the California Constitution's ban on aid to 
sectarian purposes. On May 3, 2006, the district court ordered the city 
of San Diego to comply with the original injunction.
  The city has appealed that order to the Ninth Circuit Court of 
Appeals, and the United States Supreme Court Justice Anthony Kennedy 
has stayed enforcement of the order pending the outcome of that appeal.
  In 2004, the United States Congress designated the Mt. Soledad 
Veterans Memorial a National Veterans Memorial and authorized the 
Federal Government to accept the donation of the memorial from the city 
of San Diego. The voters of San Diego passed, by an overwhelming 76 
percent, a ballot measure providing for the donation.

[[Page 15083]]

But in response to a complaint by the same lone plaintiff, a San Diego 
County superior court judge invalidated the citywide referendum as 
violating the California Constitution.
  The vast majority of the citizens of the city of San Diego favor 
finding a way to keep the Mt. Soledad Memorial intact, even if that 
means giving up ownership of the parkland property on which it is 
located.
  A 1994 ballot measure authorizing the sale of the property also 
passed with 76 percent of the vote, as did a 2005 ballot measure 
directing the city to donate the memorial property to the Federal 
Government.
  The efforts of the city to vindicate the desires of the citizenry, 
however, have been stymied by one plaintiff and a few judges who find 
the city of San Diego's display of the decades-old memorial cross 
impermissible under the California Constitution.
  H.R. 5683 vests title and possession of the Mt. Soledad Veterans 
Memorial, a national memorial honoring the war dead and veterans of the 
United States Armed Forces, in the United States. Once the memorial 
property belongs to the United States, the constitutionality of the 
property transfer, as well as the display of the cross as an element of 
the Mt. Soledad Veterans Memorial, will be determined under the 
establishment clause of the United States Constitution.
  Applying the establishment clause to the government's display of 
religious symbols, the United States Supreme Court has determined that 
displays of religious symbols on government property are 
unconstitutional only if their purpose is entirely religious and they 
include no secular components.
  Most recently the Supreme Court has determined that the establishment 
clause analysis of passive monuments like this one is driven by the 
nature of the monument and by our Nation's history. In the case of the 
Mt. Soledad Veterans Memorial, it is surrounded by a plethora of 
secular symbols. In fact, Mr. Speaker, there are some 1,700 memorials 
that make up this overall veterans memorial.
  In accordance with the United States' long tradition of memorializing 
members of the Armed Forces who die in battle with religious symbols, 
the memorial cross serves a legitimate secular purpose of commemorating 
our Nation's war dead and veterans. Therefore, the display of the Mt. 
Soledad memorial cross on Federal property as part of a larger memorial 
is constitutional.
  In fact, Mr. Speaker, we have many pictures of large crosses in 
national cemeteries and other national property or Federal property 
across this Nation, and we will display those at the appropriate time.
  The memorial cross on Mt. Soledad is not only a religious symbol, it 
is a venerated landmark, beloved by the people of San Diego for over 50 
years. It is a fitting memorial to all persons who have served and 
sacrificed for our Nation as members of the Armed Forces.
  Passage of H.R. 5683 will preserve the beautiful memorial for the 
families of those who have died in service, for all current military 
servicemembers, for veterans, for the citizens of San Diego and for the 
Nation.
  For the Record, Mr. Speaker, I would like to submit letters of 
support from Jerry Sanders, mayor of San Diego; San Diegans for the 
Mount Soledad National War Memorial; the American Legion; AMVETS; 
Veterans for Foreign Wars of the United States; Disabled American 
Veterans; the American Center for Law and Justice; and Robert and Sybil 
Martino, the parents of a soldier who gave his life in the war on 
terror and was honored for his sacrifice at the Mt. Soledad Memorial.

         Executive Office of the President, Office of Management 
           and Budget,
                                    Washington, DC, July 19, 2006.

   Statement of Administration Policy--H.R. 5683--Acquisition of Mt. 
                       Soledad Veterans Memorial

                (Rep. Hunter (R) CA and two cosponsors)

       The Administration strongly supports passage of H.R. 5683 
     to protect the Mount Soledad Veterans Memorial in San Diego. 
     In the face of legal action threatening the continued 
     existence of the current Memorial, the people of San Diego 
     have clearly expressed their desire to keep the Mt. Soledad 
     Veterans Memorial in its present form. Judicial activism 
     should not stand in the way of the people, and the 
     Administration commends Rep. Hunter for his efforts in 
     introducing this bill. The bill would preserve the Mount 
     Soledad Memorial by vesting title to the Memorial in the 
     Federal government and providing that it be administered by 
     the Secretary of Defense. The Administration supports the 
     important goal of preserving the integrity of war memorials.
                                  ____

                                                    July 18, 2006.
     Hon. Duncan Hunter,
     House of Representatives,
     Washington, DC.
       Dear Congressman Hunter: As the U.S. House of 
     Representatives prepares to consider the Mt. Soledad Veterans 
     Memorial Protection Act (H.R. 5683), I write in support of 
     this bill.
       As you know, I have strongly voiced my support for 
     maintaining the integrity of the Mt. Soledad Memorial as a 
     multi-faceted site that recognizes veterans of all wars and 
     all faiths.
       H.R. 5683 provides that, ``The United States shall pay just 
     compensation to any owner of the property for the property.'' 
     As acknowledged in the legislation, ``The United States has a 
     long history and tradition of memorializing members of the 
     Armed Forces who die in battle with a cross or other 
     religious emblem of their faith and a memorial cross is fully 
     integrated as the centerpiece of the multi-faceted Mt. 
     Soledad Veterans Memorial that is replete with secular 
     symbols.''
       I believe this legislation provides a possible means of 
     preserving the integrity of the memorial and for that reason 
     I support these efforts.
           Sincerely,
                                                    Jerry Sanders,
     Mayor.
                                  ____

         San Diegans for the Mount Soledad National War Memorial,
                                     San Diego, CA, July 19, 2006.
     Hon. Duncan Hunter,
     House Armed Services Committee,
     Washington, DC.
       Dear Chairman Hunter: San Diegans for the Mount Soledad 
     National War Memorial applauds your efforts on behalf of the 
     vast supermajority of San Diegans, including thousands of 
     veterans, to maintain the integrity of this important 
     monument to those courageous heroes who have fought and died 
     in defense of this great Nation.
       By joining Congressmen Issa and Bilbray in introducing 
     legislation that would transfer the site of the memoria1 to 
     the federal government, you are upholding the will of over 75 
     percent of San Diegans who voted Yes on Proposition A to keep 
     Mount Soledad as it is, where it is. You are also drawing a 
     clear line in the sand against those who seek to undermine 
     the history and heritage of our great Nation by eradicating 
     from the historic record the heroic individual sacrifices 
     that have not only preserved our own freedom, but liberated 
     millions of people across the globe.
       As Chairman of the committee that spearheaded the 
     overwhelmingly successful referendary petition drive and 
     subsequent ``Yes on Prop A'' campaign last July, and a 
     practicing Jew, I am pleased to offer you the full support of 
     San Diegans for the Mount Soledad National War Memorial and 
     any further necessary assistance in preserving this sacred 
     monument on behalf of the people of San Diego and the United 
     States of America.
       Thank you.
           Sincerely,
                                             Philip L. Thalheimer,
                                                         Chairman.
                                  ____
                                  
                                                     May 15, 2006.
     President George W. Bush,
     The White House,
     Washington, DC.
       Dear Mr. President: My wife and I would like to express our 
     support for the effort initiated by Representative Duncan 
     Hunter of California and the Mayor of San Diego to save the 
     cross at Mt. Soledad wherein the Federal Government would 
     take the property by eminent domain as a veteran's memorial.
       Our son Captain Michael D. Martino, USMC, was killed in 
     action in Iraq on November 2, 2005, when his Cobra Helicopter 
     was shot down by a SA 16. This past week our son's Camp 
     Pendleton unit, which had just recently returned from Iraq, 
     dedicated plaques at Mt. Soledad to honor him and his fellow 
     pilot Major Gerry Bloomfield for their heroic service. There 
     is no better place to honor our fallen heroes than under that 
     cross, overlooking the country they fought and died to 
     preserve.
       Our son loved his country and the many rights and liberties 
     it provided, especially our right to freedom of religion. A 
     few in this country would like to see the cross removed from 
     Mt. Soledad and thus deny the majority their rights to 
     religious expression. This cross is no more an affront to 
     personal beliefs than the thousands of crosses in Arlington 
     Cemetery.
       Is it fair to the majority who have served or fallen for 
     our Nation and wish to keep the

[[Page 15084]]

     cross for the sake of the few who look to strip all religion 
     from our country, under a false interpretation of the 
     separation of church and state? Our son died with a strong 
     belief that he was fighting to preserve the freedom of all 
     Americans. Please let us have OUR freedom from activist 
     judges and their personal interpretation of our Constitution.
       Mr. President, please take the Memorial at Mt. Soledad 
     under federal ownership.
       You are always in our prayers.
           Sincerely,
     Robert A. and Sybil E. Martino.
                                  ____

                                                    June 21, 2006.
     Hon. Duncan Hunter,
     Chairman, House Armed Services Committee
     Washington, DC.
       Dear Chairman Hunter: As the leaders of the Nation's four 
     largest veterans organizations, we respectfully request your 
     assistance on an issue that is important to former military 
     personnel and to American values.
       The Mt. Soledad Veterans Memorial is a historic site 
     overlooking the Pacific Ocean that has stood for over 52 
     years as a tribute to our Nation's Armed Forces. This 
     veterans memorial is the first and last thing that ships see 
     as they arrive or depart from one of the world's largest 
     naval installations. Unfortunately a small group of 
     plaintiffs wish to destroy the integrity of the Memorial and 
     the courts have complied by requiring that the Memorial's 
     centerpiece cross be removed by August 1, 2006. We believe 
     that destruction of the Memorial is an affront to the 
     sacrifices made by America's veterans and is contrary to the 
     will of citizens of San Diego, 76 percent of whom voted in a 
     recent referendum to try to preserve the Memorial. 
     Accordingly, we request that the Congress pursue all 
     available legislative options to take federal possession of 
     the Memorial with the intention of preserving the Veterans 
     Memorial in its current form.
           Sincerely,
     Thomas L. Bock,
       National Commander, the American Legion.
     Paul W. Jackson,
       National Commander, Disabled American Veterans.
     James R. Mueller,
       Commander-in-Chief, Veterans of Foreign Wars of the U.S.
     Edward W. Kemp,
       National Commander, AMVETS.
                                  ____
                                  
                                                    June 29, 2006.
     Hon. Duncan Hunter,
     Chairman, House Armed Services Committee,
     Washington, DC.
       Dear Chairman Hunter: As the leaders of the Nation's four 
     largest veterans' service organizations, we write to you 
     today in appreciation for introducing with Representatives 
     Issa and Bilbray a measure which would provide for the 
     immediate acquisition of the Mount Soledad Veterans Memorial 
     by the United States. While this step is extra-ordinary, our 
     organizations feel it is the appropriate measure to take.
       As we noted in our letter to you last week, we believe that 
     the destruction of this Memorial is an affront to the 
     sacrifices made by America's veterans and is contrary to the 
     will of the citizens of San Diego. This Memorial has stood in 
     its historic location overlooking the Pacific Ocean for 52 
     years, a silent tribute to the sacrifices made by veterans 
     past, present and future.
       As we answered the call in the past to serve this country, 
     so we will answer the call now. Accordingly, we offer to help 
     in any way we can to aid you in preserving this hallowed 
     Memorial.
           Sincerely,
     Thomas L. Bock,
       National Commander, the American Legion.
     Paul W. Jackson,
       National Commander, Disabled American Veterans.
     James R. Mueller,
       Commander-in-Chief, Veterans of Foreign Wars of the U.S.
     Edward W. Kemp,
       National Commander, AMVETS.
                                  ____
                                  


                            American Center for Law & Justice,

                                    Washington, DC, July 17, 2006.
     Congressman Duncan Hunter,
     Rayburn House Office Building,
     Washington, DC.
       Congressman Hunter: We write today in support of your 
     legislation to protect the war memorial at Mt. Soledad, H.R. 
     5683.
       We believe the public has a vital interest in ensuring that 
     centuries-old American traditions and practices are not 
     declared unconstitutional without careful and accurate 
     judicial review of all issues involved. The Establishment 
     Clause does not require that crosses, Stars of David, and 
     other religious symbols be removed from Mount Soledad, 
     Arlington National Cemetery, and the countless other places 
     across the country where the lives and sacrifices of veterans 
     are commemorated. The longstanding, venerable tradition of 
     using crosses and other religious symbols on memorials and in 
     the public square is fully consistent with the Supreme 
     Court's Establishment Clause analysis in its County of 
     Allegheny v. ACLU (1998), ACLU of Kentucky v. Mercer County 
     (2005), Elk Grove Unified School District v. Newdow (2004), 
     and Van Orden v. Perry (2005) decisions.
       Your actions, those of other Members and the Departments of 
     Defense and the Interior, and the citizens of San Diego, to 
     help preserve the integrity and sanctity of memorials 
     honoring the lives and sacrifices of veterans are well taken 
     and constitutionally permissible.
       To remove the Mt. Soledad cross is an insult to the men and 
     women who fought to protect our freedoms. To allow activist 
     organizations to strip religious symbolism from public life 
     would cut against America's heritage and remove a vital 
     component which makes our country unique.
       We applaud your efforts and stand ready to assist you as 
     you continue your fight to save the war memorial at Mt. 
     Soledad.
     Jay A. Sekulow,
       Chief Counsel.
     Colby M. May,
       SeniorCounsel& Director.

  Mr. Speaker, I reserve the balance of my time.
  Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as the chairman said a moment ago, this bill is intended 
to preserve the Mt. Soledad Veterans Memorial in San Diego, California, 
and it allows for the immediate acquisition of this memorial by the 
United States Government.
  The distinguished chairman, my friend from California, feels 
obviously very strongly about this issue, and apparently the people of 
that region also feel very strongly about it, by virtue of a vote that 
they took, a popular vote, indicating some 76 percent support for this 
idea.
  Mr. Speaker, for that reason I will not be opposing the resolution. I 
will have some speakers who would like to speak to the issue.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HUNTER. Mr. Speaker, I yield 5 minutes to the gentleman from San 
Diego, California (Mr. Issa), who has been a real champion in this 
effort to preserve the memorial.

                              {time}  1445

  Mr. ISSA. Mr. Speaker, I rise today in strong support of this 
acquisition by the Federal Government, because it is so consistent with 
how we as Americans have honored our war dead and those who have given 
in service to our country.
  I just want to point out for a moment a picture of Mt. Soledad, of 
the actual cross, and then, Mr. Speaker, as you look at pictures of the 
other Federal sites, the amazing thing is how similar they are. These 
are sites which are not contested. They are not contested because our 
Founding Fathers didn't want the establishment of a religion, but they 
didn't want a godless society; just the opposite, they wanted a freedom 
for people to observe their God as they chose fit. Particularly when we 
deal with those who have fallen in support of this country, they should 
be free to honor them with or without symbols that they find comfort 
in.
  I think, Mr. Speaker, as we consider this important piece of 
legislation, I think it is important that we realize that that cross is 
about men and women who have given their lives and a symbol that says 
they gave their life for their country. It is an arbitrary symbol, but 
it is not a symbol without meaning. It stands, like those crosses in 
faraway lands of Americans who fell in Tripoli, Americans who were 
buried at Normandy, and of Americans who have never been returned home 
from the sea. It stands as a symbol of their passing and their 
sacrifice.
  Mt. Soledad, no one ever doubted that this was a war memorial. No one 
ever doubted that. In fact, people found comfort in this symbol to 
those men and women in San Diego, the home of both Marines and Navy, 
for more than 100 years. No one ever found that this was inappropriate 
to honor our dead. What they found was one person, one out of 2 million 
people, who said, I am offended, I want no cross. It offends me.
  Mr. Speaker, the definition of offensive language and offensive 
behavior and signs like the swastikas and other

[[Page 15085]]

symbols of hate are just that. They are unique symbols that people have 
no doubt are designed to offend.
  This cross was never intended to offend. Just the opposite; it was 
intended to do what it does for the vast majority of San Diegans and 
people who come to our fair city. It honors our war veterans for the 
sacrifice they made. That is the symbolism it has. That is the reason 
that hundreds of thousands of people climb that hill every year to 
spend a moment to look at the cross, but, more importantly, to look at 
the pictures of the men and women throughout the lower part of this 
memorial who, in fact, are there on plaques to be observed and 
remembered for their sacrifice.
  I ask full support of this resolution.
  Mr. BUTTERFIELD. Mr. Speaker, I yield 5 minutes to a distinguished 
member of the House Armed Services Committee, the gentlewoman from 
California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Speaker, I would like to begin by 
saying I appreciate the sensitivity of my colleagues on this issue who 
believe this bill is about veterans. I, too, have a deep appreciation 
of our veterans and the sacrifices they have made for our Nation and 
our freedoms.
  If this bill were nothing more than a veterans issue, we would have a 
very simple decision before us today. But, unfortunately, that is not 
the case. The courts have told us time and time again what this issue 
is about. It is about a demonstrated preference of one religion over 
all others. It is about a uniquely religious symbol on public land. 
Make no mistake about it, this bill is not about preserving a veterans 
memorial. It is about preserving a 29-foot cross that sits within the 
boundaries of a veterans memorial, a veterans memorial that is supposed 
to honor all veterans.
  Yet towering over the American flag, and the plaques, names, and 
photos of honored veterans, and I can see many of their faces in the 
plaques today, is a 29-foot symbol of one religion, and that is why we 
are here today.
  A district court ruling on the memorial noted, ``Even if one strains 
to view the cross in the context of a war memorial, its primary effect 
is to give the impression that only Christians are being honored.''
  I can certainly understand, Mr. Speaker, the emotion that this issue 
has generated. Believe me, I can understand that emotion. But as 
today's discussion has proven, this issue has become more about a cross 
than about a veterans memorial. Our focus should be on the veterans, 
and it should be inclusive of all veterans.
  Mr. Speaker, I would like to take a moment to share the words of one 
of my constituents who just recently wrote me. He says, ``My father, a 
Bronze Star recipient for being wounded twice during D-Day, died a few 
years back, and I would like to pay tribute to his service to our 
country by purchasing a plaque to honor him.
  ``Mt. Soledad is one mile from where I live, and it would be the most 
logical choice, given its beautiful location and proximity.
  ``However, my father, being a practicing Jew, would be dishonored by 
the cross.'' That was the way he felt he would see it. ``Shouldn't,'' 
he asked, ``a war memorial pay homage to all who served and defended 
this country?''
  And he continues to write, ``It is un-American to create a memorial 
to veterans which is not all-inclusive.
  ``There are many things,'' he writes, ``which could be erected as a 
tribute, but a cross, a crescent moon, a statue of Buddha, or a Star of 
David, are completely inappropriate and illegal.
  ``This is all about religion, because if the monument being 
considered were a statue of a dove or a soldier, we would not even be 
having this conversation.''
  Mr. Speaker, I say to you, I fully understand the sensitivity of this 
issue. Believe me, it would be easy to vote with the majority on this 
issue. But the easiest decision, or the most popular one, is not always 
the right one.
  In the words of James Fenimore Cooper, and I quote, ``It is a 
besetting vice of democracies to substitute public opinion for law. 
This is the usual form in which masses of men exhibit their tyranny.''
  The beauty of our Constitution is that it protects the voice of the 
minority, so I ask you to join me in protecting that minority today.
  Mr. HUNTER. Mr. Speaker, I yield 5 minutes to the gentleman from San 
Diego, California (Mr. Bilbray), a gentleman who has worked tirelessly 
to preserve the memorial.
  Mr. BILBRAY. Mr. Speaker, I rise in strong support of this 
resolution. This memorial is in my district. It is a very prominent 
memorial, not just in the landscape, but in the history of San Diego 
County.
  I remember as a child my father driving me past this memorial and 
looking up and saying this is one of the few memorials in the country 
that recognize the heartbreak of what went on in Korea. As a Korean 
veteran, he was also very much impressed with the fact that San Diegans 
set aside a memorial for the Korean war.
  Frankly, I am shocked in a time of war, a time when our men and women 
are out exchanging deadly fire with the enemy, that we are talking 
about destruction of a war memorial. It is a war memorial dedicated to 
800-plus people that never came back from the Korean war, the missing 
in action.
  Now, in San Diego County, we have many religious symbols on public 
lands. We have a cross to Father Serra on Presidio Hill. We have a 
cross to Cabrillo, who found San Diego Harbor. We have Point Lomo. We 
have a county synagogue in our county park, and we have a cross on 
Mount Helix that was set aside by a gentleman for his wife. We are not 
asking to tear those religious symbols down.
  All I have to say, Mr. Speaker, is we have enough tolerance for a 
cross to Father Serra. If we can find the tolerance to save a major 
historical building such as the synagogue, Beth Israel Synagogue, if we 
can find the tolerance to have a cross for Cabrillo, my God, can't we 
find the tolerance to preserve a war memorial to 800,000 missing in 
action in Korea? This really is about common sense, common decency and 
tolerance.
  Mr. Speaker, there are those who will find excuses to attack what 
they may not like, but this is not about religion; it is about the 
tolerance of our heritage and the memorials to those who have fought 
for our heritage across the board. I would just like to point out, if 
somebody wants to say that this is somehow a Christian conspiracy, that 
Phil Thalheimer, the chairman of Save the Cross, happens to be of the 
Jewish faith, his family survived the terrible Holocaust in Europe.
  One of his biggest statements, that his family always talked about, 
the first thing that the Fascists wanted to do was to destroy religious 
symbols when his parents were trying to escape.
  Now, Mr. Speaker, the State of California has many religious symbols, 
and we do too here. All I have to say is I don't think anybody in 
California or in this Chamber is asking for the cross in Father Serra's 
hands to be taken off that statue in Statuary Hall. The fact is that 
both of the statues for California happen to be someone who is 
affiliated with the Christian faith. But their affiliation with 
Christianity does not change the historical significance or the 
justification and the logic of us honoring him here in Washington.
  Mr. Speaker, we are asking today to do a very easy thing. Understand 
that mistakes can be made by courts; but the voters have said very 
clearly they do not find offense in a memorial to veterans. They do not 
find offense to this symbol for these people, for the people that 
committed so much for America.
  I would ask anyone who thinks that the cross is offensive, because it 
is a religious symbol, to go to the memorial and walk around the wall 
of it. You will see every religious symbol thinkable around that 
memorial that have been dedicated.
  If we take this cross down because someone may take offense to a 
religious symbol, when will they next go for the Star of David, the 
star or crescent? They will go after the other symbols that somebody 
may take offense to.

[[Page 15086]]

  Mr. Speaker, I think we need to honor our war dead, our missing in 
action from Korea. We should honor ourselves by showing that tolerance 
is not a politically correct catch term, but truly is the sign of an 
enlightened people, that as Moses looks down on us here, we will be 
proud to have him guide us on this vote.
  I ask for a ``yes'' vote on this, and ask you, for the people of the 
50th District of California, to support their will, support their 
veterans, and vote ``yes'' on this resolution.
  Mr. BUTTERFIELD. Mr. Speaker, I reserve the balance of my time.
  Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
  Just to make one point, what we are doing with this legislation is 
taking ownership that we have already designated by law the memorial at 
Mt. Soledad, the Korean war memorial. We have already designated this 
memorial as a Federal memorial. What we are doing is taking ownership 
of the memorial.
  So for those who don't like it and who think that it is 
unconstitutional, that memorial will still be intact and will be 
subject to any attacks that they or others may want to make on the 
memorial.
  What it simply does is transfer title of the memorial, of the 
property, to the Federal Government. I think that is absolutely 
appropriate in light of the fact that these are veterans from all over 
America who are represented on those 1,700-plus little memorials that 
make up this big memorial. So it is absolutely reasonable and 
appropriate that the Federal Government, having designated this as a 
Federal memorial, takes ownership of the property as a Federal 
memorial.

                              {time}  1500

  Mr. BUTTERFIELD. Mr. Speaker, I yield 3 minutes to the gentleman from 
New York (Mr. Ackerman).
  Mr. ACKERMAN. Mr. Speaker, I had not intended to speak on this 
matter, but the eloquence of the gentlewoman from California and the 
remarks of the distinguished gentleman from California have moved me to 
stand up and say a few words.
  I do not know why in a pluralistic society, in a great democracy that 
we are, that we have become, that we continue to be, that we look to 
find things and issues to divide us rather than to unite us.
  I am not of the Christian faith. Christian symbols do not offend me. 
They stand for things that are good and decent and pure and idealistic, 
and I think that is wonderful. But to make them the symbol of something 
public is something that I do find offensive.
  We talk about so often our Judeo-Christian heritage. I am not sure 
what that means exactly. I know it means that somebody is reaching out 
to try to include me and my small faith when they want to look 
pluralistic.
  I know that my dad fought in World War II. I know that I had 
relatives who went to Canada to join the Royal Mounted Police because 
they were in World War II fighting the Nazis before the United States 
of America did. I know that people of all faiths of this great Nation 
died in that war and all other wars that we fought, and continue to die 
today as you read the list of people coming back, tragically killed by 
terrorists.
  I do not know why we have to put a religious symbol on the entire 
monument. There is nothing wrong with the crucifix in the hands of 
whoever wants to hold it, even in Statuary Hall. Nobody is saying 
remove that cross. That is an individual sign of faith, not a 
collective societal sign of faith.
  The gentleman from California justifies it by saying it is a symbol 
of our heritage. I beg to differ. It is not a collective symbol of our 
heritage because it is not the symbol of my heritage, though I respect 
it as a symbol of somebody else's heritage. And if, indeed, the only 
symbol up there was a statue of Buddha or a Muslim symbol or a Jewish 
Star of David, I would object as strenuously.
  If you cannot represent all religions, then represent no religion. 
They did not die in a crusade. It was not a religious Korean war. Why 
put the symbol of Christianity or any other religion there?
  Make it a monument for people who fought and died for freedom of 
liberty, who died for freedom of religion, who died for people's 
ability to express themselves in a free society. That was the intent, 
and I think that is something we would all be proud of, and we are 
proud of the veterans.
  Mr. HUNTER. Mr. Speaker, I thank the gentleman for his statement. How 
much time do both sides have left?
  The SPEAKER pro tempore (Mr. Linder). The gentleman from California 
(Mr. Hunter) has 5\1/2\ minutes remaining. The gentleman from North 
Carolina (Mr. Butterfield) has 11\1/2\ minutes remaining.
  Mr. HUNTER. Do we have the right to close?
  The SPEAKER pro tempore. The gentleman is correct.
  Mr. HUNTER. In that case, we would like to reserve our time.
  Mr. BUTTERFIELD. I do not have any additional speakers, Mr. Speaker, 
and I yield back the balance of my time.
  Mr. HUNTER. Mr. Speaker, I yield myself the balance of the time.
  Mr. Speaker, I want to thank all Members for engaging in this debate. 
I think it is a good one and a healthy one, and I would like to point 
out to all Members that preserving this memorial, that is, transferring 
it to the United States of America, is supported strongly by the 
American Legion, by the Veterans of Foreign Wars of the United States, 
by the Disabled American Veterans, and by AMVETS and by all of their 
national commanders.
  Mr. Speaker, let me point out that there are dozens and dozens not 
only of crosses but of Stars of David and other religious symbols on 
Federal property throughout this country.
  I noticed during the debate here that we are standing under a 
statement, ``In God we trust,'' that stands over the Speaker's chair, 
arguably a target for a constitutional argument that it violates 
separation of church and State.
  Now, in answer to my friend from New York and his statement that why 
did we have to go and put this cross on this memorial, this memorial is 
52 years ago. It is a memorial that has evolved and grown since not 
only the Korean war but actually right after the turn of the century, 
like so many memorials that we have.
  Today, there is not really just one memorial. There are really 1,701 
memorials in composite because there are 1,700 plaques to people that 
gave everything they had to the United States of America.
  This last letter that I received in support of this from the parents 
of Captain Martino, who fell in Iraq last year, saying please do not 
let them tear down the memorial, reminded me to look back and look at 
some of the other people that are on this memorial. There is a thread 
of patriotism between every American alive today and those who served 
our country and those who fell for our country, those 619,000 Americans 
who died in the last century, those 2,500-plus Americans who have given 
their lives in Iraq and the 300-plus Americans who have given their 
lives in Afghanistan. There is a thread of patriotism between those 
people.
  So for Captain Martino, who gave his life in Iraq just last year 
because of that, and for his family, somebody is able to teach at a 
synagogue or a church today or a college; because of a machine gunner 
in Belleau Wood early in this century, a businessman is able to operate 
freely in Cincinnati; and because of people who fell in the Korean war, 
a young couple is able to walk down the streets without being arrested 
in Washington, D.C.
  So the freedoms that we have are combined by a thread to every single 
person who gave that full measure of devotion to our country, and 
whether we like it or not and whether the courts like it or not, the 
people, the families, the service people, think that those threads come 
together in little monuments and memorials throughout this country, not 
the least of which is Arlington Cemetery, but also not the least of 
which is 3,000 miles away on Mt. Soledad overlooking the Pacific Ocean 
where the 1st Marine Division

[[Page 15087]]

embarked for those incredible fights in the island chains, taking back 
Guadalcanal, Iwo Jima and other islands in the Axis Powers in World War 
II. That is a point of embarkation. It is a point where many families 
last saw their loved ones.
  This memorial has a thread of patriotism and a thread of meaning to 
the people of the United States, not just San Diego, and it is fully 
appropriate that the United States of America, having made this 
memorial a national memorial, now takes ownership of the memorial.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Hunter) that the House suspend the rules 
and pass the bill, H.R. 5683, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. HUNTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




EXPRESSING SYMPATHY FOR THE PEOPLE OF INDIA IN AFTERMATH OF THE DEADLY 
                   TERRORIST ATTACKS ON JULY 11, 2006

  Mr. LEACH. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 911) expressing sympathy for the people of India in 
the aftermath of the deadly terrorist attacks in Mumbai on July 11, 
2006, as amended.
  The Clerk read as follows:

                              H. Res. 911

       Whereas on July 11, 2006, during evening rush hour, seven 
     major explosions occurred on busy urban commuter trains in 
     the Indian financial capital of Mumbai, killing as many as 
     200 and wounding more than 700 innocent civilians;
       Whereas the Mumbai attacks occurred shortly after a series 
     of grenade attacks took the lives of at least eight people 
     and injured approximately 40 others in tourist areas of 
     Srinagar, Kashmir;
       Whereas India has been a strong partner of the United 
     States in the Global War on Terror and offered immediate 
     assistance to the United States after the terrorist attacks 
     of September 11, 2001;
       Whereas the United States and India are both multicultural, 
     multireligious democracies that oppose terrorism in all its 
     forms and will continue to work steadfastly to overcome 
     terrorist ideology and establish international peace and 
     security;
       Whereas the bombings have been condemned by leaders from 
     around the world, including from those attending the Group of 
     Eight (G-8) meeting in Saint Petersburg, Russia; and
       Whereas the United States stands with the people and the 
     Government of India and condemns in the strongest terms these 
     atrocities, which were committed against innocent people as 
     they went about their daily lives: Now, therefore, be it
       Resolved,  That the House of Representatives--
       (1) condemns in the strongest possible terms the July 11, 
     2006, terrorist attacks in Mumbai and Srinagar;
       (2) expresses its deepest condolences to the families and 
     friends of those individuals killed in the attacks and 
     expresses its sympathies to those individuals who have been 
     injured;
       (3) expresses its solidarity with the Government and people 
     of India in fighting and defeating terrorism in all its 
     forms; and
       (4) expresses its support for the enhancement of relations 
     between the United States and India, with the goal of 
     combating terrorism and advancing international peace and 
     security.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Iowa (Mr. Leach) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Iowa.


                             General Leave

  Mr. LEACH. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days within which to revise and extend their remarks and 
include extraneous material on H. Res. 911.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Iowa?
  There was no objection.
  Mr. LEACH. Mr. Speaker, I yield myself such time as I may consume.
  At the outset, let me acknowledge the leadership of Mr. Wilson and 
Mr. Crowley in sponsoring this important and timely resolution, as well 
as that of the current cochairs of the India Caucus, Ms. Ros-Lehtinen 
and Mr. Ackerman, as well as the leadership of Mr. Hyde and, of course, 
Mr. Lantos, the distinguished ranking member.
  I would also like to express appreciation to House leadership for 
scheduling floor time today for this measure.
  On July 11, 2006, more than 200 people were killed and over 700 
others injured in seven bomb blasts that targeted several locations on 
the local railway network in Mumbai, India's commercial capital during 
evening rush hour. Meanwhile, earlier that same day, grenade attacks in 
Srinagar, Kashmir targeted tourists, killing eight innocent civilians 
and wounding over 40 more.
  Although the motivations behind this attack are still a bit vague, 
previous attacks have been designed to provoke communal conflict and to 
disrupt the Indian economy. However, India's multicultural and 
multiethnic democracy is enormously resilient, and the warped schemes 
of those who planned and executed these attacks have so far, 
thankfully, come to naught.
  Mr. Speaker, it is self-evident that these brutal terrorist attacks 
are an affront to the world community, and they have, appropriately, 
been thoroughly and unequivocally condemned by leaders and ordinary 
citizens around the globe.
  For example, in the immediate aftermath of the attacks, President and 
Mrs. Bush issued a statement on behalf of the American people 
expressing their deepest condolences to the friends and families of the 
victims.
  The President spoke for all Americans when he noted that ``The United 
States stands with the people and the Government of India and condemns 
in the strongest terms these atrocities which were committed against 
innocent people as they went about their daily lives. Such acts only 
strengthen the resolve of the international community to stand united 
against terrorism and to declare unequivocally that there is no 
justification for the vicious murder of innocent people,'' said 
President and Mrs. Bush.
  More recently on July 17, representatives at the Group of Eight 
Summit in St. Petersburg, Russia also condemned these ``barbaric 
terrorist acts'' and emphasized their unity with India in a common 
resolve to intensify efforts to combat anarchistic acts of terrorism 
and uphold the rule of law.
  Mr. Speaker, tribute must be paid to the people of Mumbai who not 
only responded with great compassion to families of those who were 
killed and injured in the attacks, but who demonstrated such courage 
and resolve in almost immediately restoring normalcy in that great and 
bustling city. It is astonishing that in the wake of these attacks not 
only were Mumbai's trains running the next day, but millions of its 
citizens overcame their fears and returned to those trains in order to 
keep that extraordinary city thriving.
  Likewise, at a time when international events seem to be spinning 
dangerously out of control, tribute must also be paid to the leadership 
of Prime Minister Singh, who has responded to the attacks in Mumbai and 
Srinagar with firm resolve but measured restraint as the investigation 
of these attacks unfold.
  Here, Mr. Speaker, let me stress that the challenge of establishing a 
balance between the two ``Rs,'' resolve and restraint, involves the 
most difficult judgment call in international relations today. 
Senseless, anarchistic acts tempt human nature. It is easy to succumb 
to the third ``R,'' revenge, but not infrequently that is the response 
terrorists most desire because it escalates violence and disorder.
  In this context, it is impressive how historically Indian democracy 
stands out, not only for its size, for its success in amalgamating 
extraordinary diversity, but for its origin in Gandhi-esque

[[Page 15088]]

principles, revolution premised on nonviolence, the Indian term 
``satyagraha.'' The power of principled nonviolence overwhelmed the 
power of colonialist arms.
  Today, there are models in the world of military reaction to 
terrorist disorder. These models of escalated violence are 
understandable, but it will be interesting to see if the model of 
restraint being established in India today to these unpardonable acts 
of violence proves more effective, as well as more humane, than 
military responses.
  I urge support for this resolution.

                              {time}  1515

  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Just over a week ago, barbarism boarded seven trains in Mumbai, 
India, and turned them into a horror show. The toll was horrific, over 
200 dead, hundreds of others maimed and traumatized. Across the region, 
shocked, grieving people had suddenly lost parents, spouses, children, 
brothers and sisters to this random, heinous act.
  The explosive devices were placed to cause maximum havoc. Hidden in 
overhead luggage racks, they tore through the upper bodies of some 
victims, decapitating many. And they were set to detonate during 
Mumbai's rush hour to increase the carnage.
  I wish to express my personal solidarity with the victims of this 
sickening, heartless act and with their families, along with the people 
of India as a whole. With our resolution today, Congress condemns this 
assault on civilization in the strongest of terms.
  Mr. Speaker, as we in Congress move ahead with efforts to improve the 
geostrategic relationship with India, we now have a fresh incentive to 
forge ever-closer ties. At a time such as this, we consider what our 
two great democracies have in common: our values, our aspirations, our 
hopes, and our respect for human life.
  Mr. Speaker, it is an irony of timing in the legislative process that 
the legislation we are considering today is referred to as H. Res. 911, 
but this coincidence serves to remind us of a common experience. In 
India, as in the United States, it is a tragic outcome of the civilized 
world's struggle with terrorism that the world's largest democracy and 
its oldest are both victims of terrorist attacks. Both of our great 
nations are targeted by terrorists hell- bent on destroying the 
innocent and frightening our governments into submission and 
appeasement.
  Let us reaffirm today that the terrorists will not succeed. The 
civilized and peace-loving nations of the world are joining forces to 
combat this evil ideology. Good will prevail. Life will triumph over 
death. Together, India and the United States will hold aloft the bright 
beacon of freedom and democracy to lead the way.
  Mr. Speaker, this is far from the first such incident in India. Let 
it be the last, and let us send an unequivocal message that we stand 
with our brothers and sisters in Indian in the face of the barbarous 
onslaught in Mumbai.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEACH. Mr. Speaker, I am honored to yield to the distinguished 
chairman of the Middle East Subcommittee, the gentlewoman from Florida 
(Ms. Ros-Lehtinen), for such time as she may consume.
  Ms. ROS-LEHTINEN. Mr. Speaker, I thank the chairman for yielding me 
this time.
  Today I rise in strong support of H. Res. 911, and I would like to 
join my fellow Members of this Chamber in expressing our heartfelt 
sympathies to the families and friends of the victims.
  Last Tuesday, as all of us know, the explosions in India's financial 
capital of Mumbai killed 207 people, wounding an additional 800. As the 
deadly bombings occurred during Mumbai's rush hour, aimed at killing as 
many innocent civilians as possible, they constitute the most heinous 
acts of terrorism.
  The United States stands in solemn support of the Indian people in 
the face of this terrible tragedy. As cochair of the Congressional 
Caucus on India and Indian Americans, which I am proud to share with 
the gentleman from New York (Mr. Ackerman), I take the everlasting bond 
between the United States and India very seriously.
  Just last night Mr. Ackerman and I, along with other colleagues and 
members of the Indian American community, were together in celebrating 
this expanding and positive relationship between our two countries. We 
greatly value India's commitment to democracy, and we are grateful that 
it stands beside the United States as an ally in the war on 
Islamofascism.
  In the wake of the tragic September 11 attacks, India was the first 
nation to step forward and offer assistance to our Nation. Five years 
later, the United States humbly offers its assistance to India. Your 
loss is our loss. Your struggles are our struggles.
  Due to the Indian Government's swift response to the attacks, police 
have captured five persons suspected to be involved. America stands by 
the Indian people and its government in their efforts to bring to 
justice those responsible, and we will work together with India to 
disrupt and dismantle the networks that have made attacks like these 
all too possible.
  Mr. LANTOS. Mr. Speaker, I am very pleased to yield 3 minutes to the 
distinguish chairman of the India Caucus, the gentleman from New York 
(Mr. Ackerman).
  Mr. ACKERMAN. Mr. Speaker, I rise in strong support of the resolution 
and thank the gentleman for yielding me this time.
  I want to thank Mr. Lantos for his leadership, along with 
Representative Leach for everything that he has done on this issue, and 
Congressman Wilson as well; and my cochair of the India Caucus, the 
gentlewoman from Florida (Ms. Ros-Lehtinen) for her great leadership, 
and I especially single out Mr. Crowley of New York for his role in 
bringing this resolution to the floor.
  Mr. Speaker, sadly on July 11, 2006, we have a date which will join 
the litany of the all-too-familiar terrorist attacks, along with the 
July bombings in London last year, the Madrid bombings in 2004, the 
Bali bombings in 2002, and, of course, the September 11 attacks on us.
  What is also sad is this is not the first time Mumbai has been 
attacked. In fact, Mumbai has suffered from terrorist attacks since 
1993. Indeed, India itself has been the victim of various forms of 
terrorism since its founding.
  Last week's bombings are simply a continuation of India's ongoing 
struggle with terrorists. Eight bombs were planted by terrorists in the 
western commuter railway in Mumbai on July 11. Seven of them exploded. 
They were timed for the height of the rush hour, with the obvious 
premeditated intent to kill and maim as many innocent people as 
possible. The resulting explosions left as many as 200 innocent people 
dead and over 700 people wounded. The response by the authorities and 
the people of Mumbai to aid the wounded and comfort the families and 
friends was extraordinary.
  The bombings horrified decent people everywhere and were condemned by 
leaders from all over the globe, including the G-8.
  Terrorism is a disease. It is a cancer on the body of humanity, and 
all nations that oppose terrorism should work shoulder to shoulder to 
make sure that this scourge is not just cured, but eliminated. The 
Government of India has long recognized this truth, and in the wake of 
September 11, 2001, and its attacks on the United States, India was 
indeed the first nation to step forward and offer its assistance to our 
Nation.
  Let us do the same for India. Let us be prepared not just to offer 
our condolences and sympathy, but our renewed and reinvigorated 
commitment to defeating terrorism globally.
  I thank the Speaker, and I urge my colleagues to stand with India 
against terrorism and to support them and this resolution.
  Mr. LEACH. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Foley).
  Mr. FOLEY. Mr. Speaker, I thank the gentleman for yielding me this 
time, and for my colleagues in their steadfast support of H. Res. 911, 
expressing our collective sympathy and outrage

[[Page 15089]]

for the attacks on the good people of India and Mumbai on July 11, 
2006.
  It harkens back to that tragic day, September 11, when the World 
Trade Center and the Pentagon were attacked. It harkens back to that 
brutal devastation of the Spanish train bombing that occurred shortly 
after. It renews the sense of outrage about the London subway attacks a 
year ago, and it reminds us of Khobar Towers, the two African American 
embassies, the USS Cole and so many other targets preyed upon by savage 
individuals who know no bounds of decency, but only know how to destroy 
the innocent.
  To attack a train of peace-loving people on the way to or from work 
is an absolute atrocity, and so we join together with our good friend 
India, this strong partner in the global war on terror, a strong 
partner in our humanitarian ties to help other nations in their time of 
need, one of the world's largest democracies, who has been there 
through thick and thin to assist not only our Nation, but nations 
around the world to ensure that we will not stop until we fully 
prosecute those responsible.
  As they investigate, we urge all international partners to assist in 
this investigation, to take these leads and follow the leads and find, 
apprehend, detain and sentence the very people who brought this 
devastating disaster to the fine people of India.
  Our prayers are with you. Our support is with you, and it should 
remind the world for us all to open our eyes to the dangers that lurk 
among us. The sad reality is that terrorism has destroyed too many 
lives, and that as a world, not just the United States and Great 
Britain and a few others, we must stand united in our efforts to 
eradicate this scourge from our world.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield 4 minutes to a 
distinguish member of the International Relations Committee, the author 
of this resolution, my good friend, the gentleman from New York (Mr. 
Crowley).
  Mr. CROWLEY. Mr. Speaker, I thank the gentleman from California (Mr. 
Lantos) for yielding me this time.
  I want to join saluting all those who are sponsoring this resolution 
today. In particular I want to salute the cochairs of the India Caucus, 
Mr. Ackerman and Ms. Ros-Lehtinen, for their words in support of this 
resolution today and their leadership as cochairs of the caucus.
  I rise to express myself in the strongest way in support of this 
resolution and extend my sincere condolences to all of the families of 
all of the victims of last week's bombing in Mumbai, India.
  I would like to thank the majority leader for bringing this 
resolution to the floor today. And in particular once again I want to 
thank Mr. Lantos for his leadership and Chairman Hyde for his 
leadership on the committee in working with us to bring this important 
resolution to the floor.
  On July 11, 2006, over 200 innocent people were brutally murdered in 
India's financial capital by terrorists. Right before these coordinated 
attacks, terrorists killed 8 people and injured 40 more civilians in 
Kashmir. Attacks like these are a scourge on our world that all 
democratic nations must join in unison to fight.
  By targeting Mumbai's commuter rail service at the height of rush 
hour, the terrorists had hoped to accomplish the maximum amount of 
bloodshed for this cowardly act on innocent civilians. But the Indian 
people responded to the attacks by turning out in hundreds to donate 
blood, taking bed sheets to turn into stretchers, and offering 
assistance and comfort to the victims of this attack.
  Today as Members of Congress we send our condolences to the families 
of the victims. We condemn this act of terrorism by these perpetrators 
of this senseless act of carnage.

                              {time}  1530

  And we express our sympathy with all the people of India and all the 
people of goodwill throughout this world. India has remained a strong 
ally of the United States in our global fight against terrorism. And 
the United States will never forget that. The terrorists who have been 
attacking India since their founding are the same brand of extremists 
who continue to threaten the United States of America. Our two 
countries need to increase our cooperation to root out all terrorism.
  Since President Clinton's administration, our country has been moving 
closer to India to create the natural alliance we should have always 
had. And, thankfully, President Bush recognized what this relationship 
could become, and just over a year ago, our two nations signed the July 
18 declaration. This declared our resolve to transform our relationship 
and establish a global partnership committed to the values of human 
freedom, democracy and the rule of law. This relationship will promote 
stability, democracy, prosperity and peace throughout the world and 
enhance our ability to work together to provide global leadership in 
areas of mutual concern and interest.
  With this resolution today, we are reinforcing that relationship. We 
are pledging our support for the Indian Government as it seeks to 
reassure its people and capture and bring the perpetrators of this 
horrific crime to justice during these very, very difficult times in 
India.
  I want to thank my over 100 colleagues who have joined us in 
sponsoring this resolution today. And I ask each and every one of you, 
my colleagues, for a ``yes'' vote.
  Mr. LEACH. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Louisiana (Mr. Jindal).
  Mr. JINDAL. Mr. Speaker, I want to thank my colleagues for offering 
this very important resolution. I rose to speak earlier today on the 
importance of America standing by our good friend, Israel, as it was 
attacked by terrorists. I rise today to also speak of the importance 
for America to stand by our good friend, India, as it too is attacked 
by terrorists.
  On July 11 of this year, a series of seven explosions killed over 200 
people on crowded commuter trains and stations in the Indian city of 
Mumbai. This deadly attack was an attack not only on India but on the 
very democracy and pluralism that India represents, values that are 
important for India, but also for America, values that are important in 
that part and every part of our world.
  Nearly 700 people were injured in the blast in the city's western 
suburbs as commuters made their way home. All seven blasts came within 
an 11-minute time span. Timers apparently were hidden in pencils and 
discovered in at least three of these seven sites where these bombs 
exploded. The bombs were believed to have been made of RDX, one of the 
most powerful kinds of military explosives.
  The attacks obviously reminded many of the terrorist attacks on the 
London public transportation system last July and the Madrid train 
bombings in March 2004. They also reminded India, however, of a series 
of terrorist attacks; for example, a series of bomb blasts in Mumbai in 
1993 that killed more than 250 people. The Prime Minister of India, 
Prime Minister Singh, attended the G-8 summit with a clear agenda. The 
world community must declare, in his words, ``zero tolerance for 
terrorism anywhere.'' And he is correct. We must not forget.
  March of 1993, there was a terrorist attack in India again that 
killed 257 people, wounded more than 1,000.
  December of 2001, militants attacked India's Parliament, leaving 14 
people, including several gunmen, dead.
  In September of 2002 militants attacked a temple, killing 33 people, 
including two attackers.
  March of 2003, a bomb exploded in Mumbai, killing 10 people.
  August 2003, two taxis packed with explosives blew up outside a 
tourist attraction, killing 52 people.
  October 2005, three bombs killed 62 people.
  And in March 2006, bombs killed 20 people.
  July 2006, bombs killed more than 140 people.
  I applaud my colleagues for offering this resolution. I think it is 
important that America extend its sympathies and that we stand with the 
people of India and Israel as they are subject to these terrorist 
attacks and we help our allies, our democratic allies stand for the 
very values of pluralism and democracy that are so important to us here 
at home in America.

[[Page 15090]]


  Mr. LANTOS. Mr. Speaker, I am honored to yield 1 minute to the 
distinguished Democratic leader with whom I have the privilege of 
sharing representation of the great city of San Francisco (Ms. Pelosi).
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding, thank 
him for his extraordinary leadership in making foreign policy for our 
country that is values based, and it makes us safer.
  My compliments, Mr. Speaker, to the gentleman from New York (Mr. 
Crowley) and Mr. Wilson of South Carolina for bringing this important 
legislation to the floor.
  Thank you, Mr. Leach, for your leadership on this as well. I am 
pleased to be a cosponsor of it.
  I wish this resolution expressing the condolences of yet another 
terrorist attack was not necessary. The people of the United States 
know only too well the shock and sorrow experienced by the people of 
India on July 11. We grieve with them and share their resolve to defeat 
the forces of evil who would perpetrate such heinous and, yes, cowardly 
acts.
  We also salute the bravery of the millions of residents of Mumbai, 
who got back on those commuter trains the day after the attacks, 
refusing to alter their lives and thereby concede even a little to the 
terrorists.
  At a time like this, when we are commending the people of India for 
their courage and expressing the sympathy and condolences of our 
constituents to the people and the Government of India, it gives us 
pause to think about how much we owe India. We in the United States 
came through, a generation ago, a civil rights movement that was 
inspired by the spirit of nonviolence which was led in India by Mahatma 
Gandhi. Our own Martin Luther King and Coretta Scott King visited India 
to learn about nonviolence, and we all know what a tremendous impact it 
had on succeeding in advancing civil rights in our own country. We will 
be forever in the debt of India for that magnificent contribution to 
our own social progress in the United States.
  And nobody knows better than Mr. Lantos the debt of gratitude we owe 
India for its hospital to His Holiness the Dalai Lama. When I was a 
brand new Member of Congress, one of the first meetings I was invited 
to was by Mr. Lantos to meet His Holiness. He talked about his plan for 
Tibet. And it has been rough sledding since then, but the Government of 
India has been a friend to all who are concerned about human rights and 
respect for the dignity and worth of every person and in the person of 
His Holiness, a man of peace, a man of balance, a man who would condemn 
this kind of violence. So India has certainly taken the lead in the 
nonviolence that influenced our own civil rights movement and the 
hospitality extended to His Holiness in so many ways as the largest 
democracy in the world. It is just that democracy and that freedom of 
movement that, of course, made them a target of these cowards.
  So, again, I express the love of freedom and commitment to a 
democracy that the United States and India share. We will stand 
together against those who value neither and whose disdain for human 
life is evidence of the shallowness of the agenda they seek to advance.
  The resolution before us is a strong testament to the shared values 
and the friendship which binds the United States and India. I urge its 
overwhelming adoption by this House, and again, thank Mr. Crowley for 
his leadership in bringing it to the floor.
  Mr. LEACH. Mr. Speaker, I yield 2\1/2\ minutes to the distinguished 
gentleman, Mr. Royce, also from California.
  Mr. ROYCE. Mr. Speaker, I thank Chairman Leach for yielding.
  Mr. Speaker, as chairman of the Subcommittee on International 
Terrorism and Nonproliferation, I rise in support of this resolution 
and to strongly condemn the terrorist attack that took place last week 
in Mumbai, India.
  Last week, eight bombs ripped through crowded commuter trains headed 
for Mumbai in a well-coordinated terrorist attack which claimed as many 
as 200 lives and injured hundreds more. Mumbai is, of course, India's 
commercial capital, teeming with people contributing to India's growing 
economy. Yesterday, life across that city of over 12 million halted for 
2 minutes, 2 minutes of silence to remember those killed a week ago.
  The style of the attacks and the targeting of mass transportation 
share the tactics of al Qaeda and Kashmiri militants, and echo the 
attacks of London, 7/7, and Madrid, 3/11. The attack in Mumbai took 
place not long after a series of grenade attacks took eight lives in 
Kashmir. Tests this week confirmed that the Mumbai bombers used the 
powerful military explosive, RDX, a weapon that has been favored by the 
Pakistani-led LeT. LeT has had links to al Qaeda, with a senior al 
Qaeda leader, Abu Zubaydah, being captured at a LeT safe house in 2002 
in Faisalabad, Pakistan.
  Mr. Speaker, while we commiserate with India, we must also view these 
attacks as a reminder that terrorism is indeed a global struggle. It is 
often said that India and America have a natural bond as two of the 
largest democracies. Today we share a bond of a common enemy: what the 
9/11 Commission identified as Islamist terrorism.
  Today our thoughts are with the people of India, and I am confident 
that the aftermath of these attacks and in that aftermath, we will see 
all the resilience that is embodied in the Indian people.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield 3 minutes to the 
distinguished member of the International Relations Committee, my 
friend from New York (Mr. Engel).
  Mr. ENGEL. Mr. Speaker, I thank my distinguished colleague for giving 
me this time. And I rise, of course, in strong support of this 
resolution.
  The United States and India are strong allies and friends, and our 
friendship will deepen in the years ahead.
  Being a New Yorker, and having lived through the catastrophe of the 
World Trade Center bombings and here in Washington in the Pentagon, we 
certainly understand the feelings of the people of India because of 
this horrific terrorist attack killing innocent civilians on the 
trains.
  Mr. Speaker, it makes no difference if terrorists attack Haifa in 
Israel or blow up children on buses in Tel Aviv in Jerusalem or blow up 
innocent civilians in Spain, in England, and in India. Terrorism is 
terrorism. And just as we support Israel and other democracies in the 
war on terror, we support India in its war on terror as well. And that 
is why the United States, as the oldest democracy in the world, and 
India, as the biggest democracy in the world, share so many things in 
common. And I am delighted that we are working very, very closely with 
the Indian Government.
  And our hearts go out to the people of India, but it is not just 
sympathy. There has to be a resolve on the part of India and the United 
States, other democracies and freedom-loving people in the world, to 
stamp out the scourge of terrorism.
  It is very important that we understand what happened. It is very 
important that we don't mince our words. It is very important that we 
stand together with the people of India.
  So I am delighted that this has strong bipartisan support. I think it 
is important that the Congress act as one. And I think that in the 
future, India and the United States will continue to work closely 
together. Again, we share a common vision.
  In the United States, when political campaigns are fought and the 
opposition party wins, we turn over the reins of government because we 
are a Nation of laws. The same thing happens in India. When the party 
in power loses control, they turn over the reins. And since 1947 when 
India became independent they have done that time and time and time 
again, unlike some neighboring states. And again, when we look at the 
vision of the future, the United States and India have the same 
adversaries. One of them, of course, is terrorism. But when we look at 
the geopolitical scene in Asia, the United States and India see things 
very, very closely.

[[Page 15091]]



                              {time}  1545

  So I am honored to add my voice to all my colleagues who have spoken 
on behalf of this resolution, to strengthen the U.S.-India 
relationship, to tell the people of India that we stand with them, we 
mourn their loss, and we are more resolved than ever with them to fight 
the war on terror.
  Mr. LANTOS. Mr. Speaker, I am very pleased to yield 3 minutes to the 
distinguished gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished 
ranking member of the full committee and to the chairman of the full 
committee Mr. Leach; sponsors of this legislation, two strong 
advocates, former cochairs of the India Caucus, Mr. Crowley and Mr. 
Wilson, whom I have had the opportunity to work with.
  I remember, and all of us have recalled many times on this floor, the 
unspeakable experience of 9/11, as we are in betwixt two movies that 
are now coming out to recount again that tragic day. We also recall how 
the world stood alongside of America in her time of mourning and her 
time of sheer desperation and despair, for she had lost 3,000-plus of 
her citizens.
  The same time we now come to stand alongside of India for that day of 
July 11, when not only was there an attack in Kashmir that saw eight 
people lose their lives, but we know the triggering of the terror act 
in Mumbai that generated 200 dead and probably many more injured and 
how many more to die because of their injuries.
  So it is important to stand and to acknowledge our sympathy and as 
well our compassion. But at the same time I want to emphasize that good 
people everywhere abhor terror, and I hope that the region of South 
Asia will embrace those in India and offer their greatest sympathy and, 
of course, their support against the war on terror and those despots, 
desperate persons, those horrific individuals who would take their own 
causes and turn them into terror against others so that others' lives 
might be lost.
  We fight on the battlefields of war. We debate in places like the 
United Nations, and we have heads of state that engage or disagree. But 
when we lift up against another human being, another nation, in 
reckless, random terror, there can be no solace. There can be no 
comfort. There can be no excuse. There can be no acceptance.
  So we join with the people of India in acknowledging that, as the 
largest democracy and the oldest democracy, you have a friend in the 
United States. You have a democratic ally in the United States. And you 
have a family of human beings, ourselves, experiencing terror either in 
terms of ongoing threats or by watching our friends suffer the 
consequences.
  So it is important, if you will, that today this resolution is more 
than our affirmation of our friendship and sympathy, but also our 
brotherhood and sisterhood in the war on terror. I look forward to a 
day when these resolutions will not be the call of the day, but simply 
that we will extinguish those who think that they can expand their 
causes by using terror against innocent, democratic, free-loving people 
around the world, wherever they might be.
  And, again, my deepest sympathy to the people of India. And, again, 
we stand with you at this time against acts of terror around the world.
  Mr. LANTOS. May I inquire, Mr. Speaker, how much time is left for 
both sides?
  The SPEAKER pro tempore. The gentleman from California has 3\1/2\ 
minutes remaining, and the gentleman from Iowa has 6\1/2\ minutes 
remaining.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  This resolution is a deeply felt emotional resolution expressing our 
solidarity with the people of India who were subjected to a totally 
unprovoked and brutal terrorist act.
  Next week this body will consider one of the most significant pieces 
of legislation of the current session of Congress, establishing a 
relationship in the field of civilian nuclear power between the United 
States and India. That legislation will usher in a whole new era of the 
historic geostrategic relationship between these two great democracies.
  I earnestly wish that we did not need to deal with this tragedy, but 
I think it is appropriate that we demonstrate to our friends in India 
that we are with them in their times of trouble, and we are with them 
at moments when they plan to accelerate their economic development and 
move into the 21st century with large-scale civilian nuclear power.
  Mr. Speaker, I am delighted to yield the balance of my time to the 
distinguished Democratic whip, my good friend from Maryland (Mr. 
Hoyer).
  Mr. LEACH. Mr. Speaker, I would be delighted to yield 2 minutes to 
the gentleman from Maryland.
  Mr. HOYER. Mr. Speaker, I thank my friends for yielding. I am glad 
that I got here in a timely fashion.
  I join with my colleagues in supporting House Resolution 911 
expressing our deep sympathy to the people of India in the aftermath of 
last week's horrific terrorist attacks in Mumbai and strongly 
condemning these reprehensible and cowardly acts.
  I want to commend my colleagues, Representatives Joe Crowley and Joe 
Wilson, for sponsoring this resolution.
  On July 11, during the height of the evening rush hour, a series of 
coordinated explosions shook the heavily traveled commuter rail lines 
in Mumbai. I am sure that has already been discussed. 207 people were 
severely injured and killed. Hundreds more were injured less severely. 
It is my understanding that this represents the deadliest terrorist 
bombing since the attacks of September 11 of 2001.
  Mr. Speaker, in recent years relations between United States and 
India have improved dramatically. There was a period of time during the 
Cold War when we did not have good relations, but now the world's 
oldest democracy and the world's largest democracy are forging a 
partnership and friendship that I think will redound to the benefit of 
not only the peoples of India and the peoples of the United States, 
but, indeed, the peoples of the international community.
  In the immediate aftermath of the September 11 terrorist attacks, 
India pledged its full cooperation and offered the use of all its 
military bases for counterterrorism efforts. That was their offer to 
us.
  Mr. Speaker, we mourn the loss suffered by our friends in India and 
offer our prayers to those who have lost loved ones and those injured 
in those heinous attacks.
  Mr. Speaker, I thank my colleagues. Quite obviously this will be a 
bipartisan effort on behalf of us all. Too few times we act in a 
bipartisan fashion, but certainly the respect that we have for our 
democratic friends in India, the respect we have for their history of 
bringing together almost 1 billion people and soon over 1 billion 
people together in a democracy and forging a free and open society is 
one that we can all respect and admire and certainly support.
  When friends like those sustain great injury, we share with them a 
sadness and empathy, and we wish them the best, and we let them know 
that we will be there for them as they have been there for us.
  I thank Mr. Leach for yielding his time.
  Mr. LEACH. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, one of the extraordinary aspects of terrorism is that a 
few can, with relative ease, disrupt peace negotiations between nation-
states. The challenge is to see that a small number of terrorists do 
not destroy the right to peace of the many.
  As rightfully angered and concerned as the Indian Government must be, 
it would be a mistake of historic proportions to allow the violence of 
July 11 to end the warming dialogue that has commenced between the 
Indian and Pakistani Governments. There are few places on the globe 
where war can more easily break out than on the Indian subcontinent. 
India and Pakistan have fought three wars over the past 60 years, and 
both now possess nuclear weapons. The will to pursue peace is thus a 
social imperative. Revenge may be warranted, but real courage rests 
with maintaining restraint.

[[Page 15092]]

  Our heart goes out to the families affected by these acts of 
violence, and our heads congratulate the care with which the Indian 
Government has refused, to date, to overreact. This Congress 
sympathizes with our Indian friends and holds in deepest respect the 
leaders in Delhi who have such difficult decisions to make in the weeks 
and months ahead.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today in support of H. 
Res. 911, which expresses the House of Representatives' deepest 
condolences to the people of India and the victims and their families 
for the terrorist attacks that occurred in Mumbai on July 11, 2006.
  India is a strategic friend and ally of the U.S. As the two largest 
pluralistic, free-market democracies in the world, it is only natural 
for the U.S. and India to seek closer ties with one another. India has 
one of the world's largest and fastest growing populations with nearly 
1.1 billion people. According to the United Nations, India's population 
could overtake China by as early as 2030. In addition, Indian Americans 
have made an indelible mark upon the culture and diversity of our 
Nation. I was proud to sponsor H. Res. 227 that recognized the 
contributions of Indian Americans to our Nation, which the House passed 
earlier this year.
  India and the U.S. have a strong history of cooperation. Directly 
after the September 11, 2001 terrorist attacks, India was one of the 
first countries to offer immediate aid to the United States. Most 
recently, the two countries announced an agreement which would allow 
full trade in civil nuclear energy. In exchange for such trade, India 
has agreed to separate its military and civilian nuclear programs over 
the next eight years, placing 14 of its 22 reactors under permanent 
international safeguards, as well as all future civilian thermal and 
breeder reactors. It has also agreed to maintain its unilateral 
moratorium on nuclear testing and to work with the United States toward 
a fissile material cutoff treaty, which would ban the production of 
fissile material, like plutonium-239, used in nuclear weapons and other 
explosive devices.
  The bloody attacks that took innocent lives in Mumbai earlier this 
month demonstrate that terrorism does not discriminate by race, 
ethnicity, or region. Instead, terrorists target those seeking to live 
a peaceful and free life. We must hunt the terrorists down and bring 
them to justice. There is no other way to respond to those so committed 
to the destruction of life. We must also stand in solidarity with the 
Indian government, its citizens, and the number of Indian Americans who 
also lost loved ones. This resolution does just that--making it clear 
that Congress and the American people are behind them during this 
difficult period.
  Mr. Speaker, in closing let the House of Representatives speak in 
unison and with clarity on this issue--terrorism has no place in this 
world and will not be tolerated. I thank the leadership on both sides 
for allowing this resolution on the floor today and urge an aye vote.
  Mrs. SCHAKOWSKY. Mr. Speaker, I rise in support of H. Res. 911, a 
resolution strongest possible terms the July 11, 2006, terrorist 
attacks in Mumbai, India.
  I would like to express my condolences to the families of the victims 
and sympathy to the people of India in the aftermath of this deadly 
terrorist attack. The July 11th attack resulted in the death of 
hundreds of innocent civilians, and injuries to many more. I have 
traveled to India, and have been to Mumbai, and its people remain in my 
heart and mind.
  India is the largest democracy in the world and since its 
establishment, India has been threatened by terrorists trying to 
undermine its democratic principles. The security of India's democracy 
is not only important to India, but it is important to every American 
as well.
  I commend the courage of the people of Mumbai, who quickly responded 
to the attack by turning out to donate blood, taking bed sheets to turn 
into stretchers, and offering assistance and comfort to the victims of 
the attack. These same brave citizens resumed using the rail commuter 
system the very next day.
  It is an honor to represent Illinois' diverse 9th Congressional 
District where so many Indian-Americans reside. My sympathies go out to 
everyone affected by the Mumbai train bombings. I stand with India, the 
United States must stand with India, and I encourage this Congress to 
pass this important resolution.
  Mr. LEACH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Iowa (Mr. Leach) that the House suspend the rules and 
agree to the resolution, H. Res. 911, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




 REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 5684, UNITED 
          STATES-OMAN FREE TRADE AGREEMENT IMPLEMENTATION ACT

  Mr. HASTINGS of Washington, from the Committee on Rules, submitted a 
privileged report (Rept. No. 109-579) on the resolution (H. Res. 925) 
providing for consideration of the bill (H.R. 5684) to implement the 
United States-Oman Free Trade Agreement, which was referred to the 
House Calendar and ordered to be printed.

                          ____________________




AMENDMENT PROCESS FOR CONSIDERATION OF H.R. 1956, BUSINESS ACTIVITY TAX 
                       SIMPLIFICATION ACT OF 2006

  Mr. HASTINGS of Washington. Mr. Speaker, the Committee on Rules may 
meet the week of July 24 to grant a rule which would limit the 
amendment process for floor consideration of H.R. 1956, the Business 
Activity Tax Simplification Act of 2006.
  Any Member wishing to offer an amendment should submit 55 copies of 
the amendment and one copy of a brief explanation of the amendment to 
the Rules Committee in room H-312 of the Capitol by noon on Monday, 
July 24, 2006. Members should draft their amendments to the bill as 
ordered reported by the Committee on the Judiciary, which was filed 
with the House on Monday, July 17, 2006.
  Members should use the Office of Legislative Counsel to ensure that 
their amendments are drafted in the most appropriate format and should 
check with the Office of the Parliamentarian to ensure that their 
amendments comply with the rules of the House.

                          ____________________




                     PLEDGE PROTECTION ACT OF 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 920 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 2389.

                              {time}  1558


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 2389) to amend title 28, United States Code, with 
respect to the jurisdiction of Federal courts over certain cases and 
controversies involving the Pledge of Allegiance, with Mr. Simpson 
(Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, amendment No. 3 printed in House Report 109-577 by the gentleman 
from Missouri (Mr. Akin) had been disposed of.


                  Amendment No. 1 Offered by Mr. Watt

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, the pending 
business is the demand for a recorded vote on the amendment offered by 
the gentleman from North Carolina (Mr. Watt) on which further 
proceedings were postponed and on which the noes prevailed by voice 
vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 183, 
noes 241, not voting 8, as follows:

[[Page 15093]]



                             [Roll No. 384]

                               AYES--183

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bono
     Boswell
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Clay
     Clyburn
     Cooper
     Costa
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Flake
     Foley
     Frank (MA)
     Gilchrest
     Gonzalez
     Green, Al
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Hooley
     Hoyer
     Inglis (SC)
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kolbe
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meehan
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Pryce (OH)
     Rangel
     Reyes
     Rohrabacher
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--241

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Berry
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Boren
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Chandler
     Chocola
     Cleaver
     Coble
     Cole (OK)
     Conaway
     Conyers
     Costello
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Gene
     Grijalva
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Israel
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Manzullo
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Salazar
     Saxton
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Evans
     Gutierrez
     Honda
     Inslee
     Marshall
     McKinney
     Meek (FL)
     Northup

                              {time}  1622

  Mr. PICKERING, Mr. HALL, Mrs. MYRICK, and Ms. SCHWARTZ of 
Pennsylvania changed their vote from ``aye'' to ``no.''
  Ms. SOLIS and Messrs. HINOJOSA, MACK, and FOLEY changed their vote 
from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. HYDE. Mr. Speaker, during rollcall vote No. 384 on the Watt 
amendment, I was unavoidably detained. Had I been present, I would have 
voted ``aye.''


                          personal explanation

  Mr. CLEAVER. Mr. Chairman, on rollcall 384, the Watt amendment to 
H.R. 2389, I was recorded as a ``no.'' I had intended to vote ``yes'' 
on the Watt amendment.
  The Acting CHAIRMAN. There being no further amendments, pursuant to 
House Resolution 920, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Linder) having assumed the chair, Mr. Simpson, Acting Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2389) to 
amend title 28, United States Code, with respect to the jurisdiction of 
Federal courts over certain cases and controversies involving the 
Pledge of Allegiance, pursuant to House Resolution 920, he reported the 
bill back to the House with an amendment adopted by the Committee of 
the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LaHOOD. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on passage of H.R. 2389 will be followed by 5-minute votes 
on suspending the rules and passing H.R. 5683, and suspending the rules 
and agreeing to H. Res. 911.
  The vote was taken by electronic device, and there were--ayes 260, 
noes 167, not voting 5, as follows:

                             [Roll No. 385]

                               AYES--260

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carnahan
     Carter
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Costa
     Costello
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     Etheridge
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger

[[Page 15094]]


     Herseth
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Salazar
     Saxton
     Schmidt
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                               NOES--167

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carson
     Case
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     English (PA)
     Eshoo
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Gilchrest
     Gonzalez
     Green, Al
     Grijalva
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kolbe
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rangel
     Reyes
     Rohrabacher
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Tierney
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu

                             NOT VOTING--5

     Evans
     Gutierrez
     Inslee
     McKinney
     Northup


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1640

  Mr. BACA changed his vote from ``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




              MT. SOLEDAD VETERANS MEMORIAL PROTECTION ACT

  The SPEAKER pro tempore. The pending business is the question of 
suspending the rules and passing the bill, H.R. 5683, as amended.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Hunter) that the House suspend the rules 
and pass the bill, H.R. 5683, as amended, on which the yeas and nays 
are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 349, 
nays 74, answered ``present'' 3, not voting 6, as follows:

                             [Roll No. 386]

                               YEAS--349

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capuano
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Etheridge
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kildee
     Kilpatrick (MI)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Marshall
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Mollohan
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Oberstar
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanders
     Saxton
     Schmidt
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--74

     Ackerman
     Baldwin
     Bean
     Becerra
     Berkley
     Blumenauer
     Capps
     Cardin
     Clay
     Conyers
     Crowley
     Davis (CA)

[[Page 15095]]


     Davis (IL)
     DeGette
     DeLauro
     Emanuel
     Eshoo
     Filner
     Frank (MA)
     Grijalva
     Harman
     Hinchey
     Holt
     Honda
     Israel
     Jackson (IL)
     Kanjorski
     Kennedy (RI)
     Kucinich
     Lee
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Markey
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     Meehan
     Millender-McDonald
     Miller, George
     Moore (KS)
     Nadler
     Neal (MA)
     Olver
     Pallone
     Payne
     Pelosi
     Price (NC)
     Rangel
     Rothman
     Sanchez, Linda T.
     Sanchez, Loretta
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Solis
     Stark
     Tauscher
     Udall (NM)
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Wexler
     Woolsey

                        ANSWERED ``PRESENT''--3

     Engel
     Kind
     Obey

                             NOT VOTING--6

     Bachus
     Evans
     Gutierrez
     Inslee
     McKinney
     Northup


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1649

  Mr. NEAL of Massachusetts changed his vote from ``yea'' to ``nay.''
  Mr. McGOVERN changed his vote from ``nay'' to ``yea.''
  So (two-thirds of those voting having responded in the affirmative) 
the rules were suspended and the bill, as amended, was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




EXPRESSING SYMPATHY FOR THE PEOPLE OF INDIA IN AFTERMATH OF THE DEADLY 
                   TERRORIST ATTACKS ON JULY 11, 2006

  The SPEAKER pro tempore. The pending business is the question of 
suspending the rules and agreeing to the resolution, H. Res. 911, as 
amended.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Iowa (Mr. Leach) that the House suspend the rules and 
agree to the resolution, H. Res. 911, as amended, on which the yeas and 
nays are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 425, 
nays 0, not voting 8, as follows:

                             [Roll No. 387]

                               YEAS--425

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Israel
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Davis (FL)
     Evans
     Gutierrez
     Inslee
     Issa
     McHugh
     McKinney
     Northup


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1657

  Mr. LEVIN changed his vote from ``nay'' to ``yea.''
  So (two-thirds of those voting having responded in the affirmative) 
the rules were suspended and the resolution, as amended, was agreed to.
  The result of the vote was announced as above recorded.
  The title of the resolution was amended so as to read: ``Resolution 
condemning in the strongest possible terms the July 11, 2006, terrorist 
attacks in India and expressing condolences to the families of the 
victims and sympathy to the people of India.''.
  A motion to reconsider was laid on the table.

                          ____________________




   STEM CELL RESEARCH ENHANCEMENT ACT OF 2005--VETO MESSAGE FROM THE 
          PRESIDENT OF THE UNITED STATES (H. DOC. NO. 109-127)

  The SPEAKER pro tempore (Mr. Kuhl of New York) laid before the House 
the following veto message from the President of the United States:

To the House of Representatives:
  I am returning herewith without my approval H.R. 810, the ``Stem Cell 
Research Enhancement Act of 2005.''

[[Page 15096]]

  Like all Americans, I believe our Nation must vigorously pursue the 
tremendous possibilities that science offers to cure disease and 
improve the lives of millions. Yet, as science brings us ever closer to 
unlocking the secrets of human biology, it also offers temptations to 
manipulate human life and violate human dignity. Our conscience and 
history as a Nation demand that we resist this temptation. With the 
right scientific techniques and the right policies, we can achieve 
scientific progress while living up to our ethical responsibilities.
  In 2001, I set forth a new policy on stem cell research that struck a 
balance between the needs of science and the demands of conscience. 
When I took office, there was no Federal funding for human embryonic 
stem cell research. Under the policy I announced 5 years ago, my 
Administration became the first to make Federal funds available for 
this research, but only on embryonic stem cell lines derived from 
embryos that had already been destroyed. My Administration has made 
available more than $90 million for research of these lines. This 
policy has allowed important research to go forward and has allowed 
America to continue to lead the world in embryonic stem cell research 
without encouraging the further destruction of living human embryos.
  H.R. 810 would overturn my Administration's balanced policy on 
embryonic stem cell research. If this bill were to become law, American 
taxpayers for the first time in our history would be compelled to fund 
the deliberate destruction of human embryos. Crossing this line would 
be a grave mistake and would needlessly encourage a conflict between 
science and ethics that can only do damage to both and harm our Nation 
as a whole.
  Advances in research show that stem cell science can progress in an 
ethical way. Since I announced my policy in 2001, my Administration has 
expanded funding of research into stem cells that can be drawn from 
children, adults, and the blood in umbilical cords with no harm to the 
donor, and these stem cells are currently being used in medical 
treatments. Science also offers the hope that we may one day enjoy the 
potential benefits of embryonic stem cells without destroying human 
life. Researchers are investigating new techniques that might allow 
doctors and scientists to produce stem cells just as versatile as those 
derived from human embryos without harming life. We must continue to 
explore these hopeful alternatives, so we can advance the cause of 
scientific research while staying true to the ideals of a decent and 
humane society.
  I hold to the principle that we can harness the promise of technology 
without becoming slaves to technology and ensure that science serves 
the cause of humanity. If we are to find the right ways to advance 
ethical medical research, we must also be willing when necessary to 
reject the wrong ways. For that reason, I must veto this bill.
                                                      George W. Bush.  
                                        The White House, July 19, 2006.

                              {time}  1700

  The SPEAKER pro tempore. The objections of the President will be 
spread at large upon the Journal, and the veto message and the bill 
will be printed as a House document.
  The question is, Will the House, on reconsideration, pass the bill, 
the objections of the President to the contrary notwithstanding?
  The gentleman from Ohio (Mr. Boehner) is recognized for 1 hour.
  Mr. BOEHNER. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentlewoman from Colorado (Ms. DeGette).


                             General Leave

  Mr. BOEHNER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. BOEHNER. Mr. Speaker, I yield myself such time as I may consume.
  The President today used the veto authority for the first time in his 
Presidency. Yesterday Congress sent him two bills relating to emerging 
medical research involving the use of so-called stem cells. Today the 
President signed one of those bills while vetoing a second. A third 
bill was supported by a majority of House Members last night, but did 
not capture the necessary two-thirds vote to be passed under the 
suspension of the rules.
  The bill signed into law by the President today is a positive step 
forward, and I remain hopeful that we can reconsider the other measure 
at some point in the future. Our colleagues, Roscoe Bartlett, Phil 
Gingrey, Nathan Deal, and Dave Weldon, deserve great credit for their 
hard work on these two measures. Their work brings new hope in the 
struggle to find cures that have eluded medical researchers for decades 
as they search for ways to defeat serious disease.
  The President's decision to veto the legislation offered by my friend 
from Delaware Mr. Castle should come as no surprise to anyone. More 
than a year ago President Bush warned the bill would take us across a 
critical ethical line by creating new incentives for the ongoing 
destruction of emerging human life. Crossing this line, the President 
said, would be a great mistake.
  As the President also noted a year ago, there really is no such thing 
as a ``spare embryo.'' Every man and woman in this Chamber began life 
as an embryo identical to those destroyed through the process known as 
embryonic stem cell research. The embryos at issue in this debate are 
fully capable of growing and being born as healthy babies with loving 
parents. The notion that embryonic stem cell research relies on ``spare 
embryos'' that have no value beyond the possibilities for medical 
research is tragically and deceptively wrong.
  Many opponents of the President's decision today are driven by a 
passion for the preservation of human life and the desire to see 
developments of cures to chronic diseases. I have great respect for 
their commitment to this goal, and I think it is a goal that we all 
share. The passion for the preservation of human life is incomplete if 
that passion does not extend to the most vulnerable form of human life.
  It is wrong to force Americans to allow their tax dollars to 
subsidize medical research that depends on this destruction of human 
embryos. The Congress sent the President a bill that would expand the 
use of Federal tax dollars for this practice, and the President rightly 
used his veto power to reject it.
  Because the vetoed bill originated in the House, the Constitution 
gives us the duty of receiving the President's veto message and 
initiating any legislative response. Having now been notified of the 
President's action, the House will now immediately consider the 
question of whether to override the President's veto, which would 
require a two-thirds vote, or to sustain it.
  For the reasons I have just articulated, I would urge my colleagues 
to join me in voting against the motion to override. No just society 
should condone the destruction of innocent life, even in the name of 
medical research. The President was right to veto this bill. It would 
be wrong for this House to overrule the President's decision by voting 
to override.
  Mr. Speaker, I reserve the balance of my time.
  Ms. DeGETTE. Mr. Speaker, I yield myself 4 minutes.
  Mr. Speaker, today the President of the United States has snuffed out 
the candle of hope for 110 million Americans who suffer from 
debilitating diseases like diabetes, Parkinson's, Alzheimer's, nerve 
damage and many, many more. He snuffed out this candle of hope because 
he used the first veto of his 6-year Presidency to veto H.R. 810, the 
embryonic stem cell legislation.
  Mr. Speaker, this is the President's first veto in over 1,100 bills. 
The President issued veto warnings in nearly 150 bills, but he signed 
all of those bills. The President has signed bills to increase the 
national debt. He has signed bills to increase tax cuts for wealthy 
corporations and oil companies. He

[[Page 15097]]

signed hundreds of post office naming bills, but he decided he would 
veto this one bill. This is not some minor legislation. This is 
legislation that would foster the only research that has shown hope for 
millions of Americans.
  He said in his veto message that he was vetoing this legislation 
because ``American taxpayers would be compelled to fund the deliberate 
destruction of human embryos.'' One might think that the President 
would read this bill, his first veto, before he said that, because if 
he had read that bill, he would know that H.R. 810 specifically does 
not allow Federal funds to be used for the destruction of embryos. 
Rather, H.R. 810 says that Federal dollars can be used for the research 
on embryonic stem cell lines which have already been created with 
private dollars.
  This policy is the same as the policy President Bush looked at in 
2001 when he issued an executive order restricting the number of stem 
cell lines used. What he said at that time was embryonic stem cell 
research was okay, but he limited it to embryonic stem cell lines in 
existence as of that day.
  So I ask the President, why is it wrong to simply expend Federal 
money for stem cell lines that have been created by private researchers 
since that date? It seems wrong, and it is certainly not what this bill 
is intended to do.
  The President wants it both ways. He wants to say that he supports 
embryonic stem cell research, but he doesn't want to do it in a way 
that will actually effect cures.
  Mr. Speaker, it seems to me that the President is confused about his 
role as chief executive of this country. We don't live in a theocracy. 
We live in a constitutional democracy in this country where we form a 
consensus about ethics and medical research. There is a widespread 
consensus. The public supports this almost three-quarters. Prolife, 
prochoice, Democrat, Republican, Independent, all of them share the 
same concern that we protect lives, but that we expand research in a 
way that will benefit millions and millions of Americans.
  I urge this House to take this very seriously. Don't make a political 
vote. Think about the lives that could be saved. Think about what H.R. 
810 actually does, and vote ``yes'' to override this veto.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Speaker, I yield 3 minutes to the sponsor of the 
underlying bill, the gentleman from Delaware (Mr. Castle).
  Mr. CASTLE. Mr. Speaker, I thank the distinguished majority leader 
very much for yielding.
  I would just ask everybody, be they at home or here, look to your 
left and look to your right. There is one of those three people who 
probably has some form of illness which could be helped by good medical 
research, and we believe that is embryonic stem cell research.
  It is ironic that the President is vetoing a piece of legislation 
that many of us here on this floor believe is the most significant 
piece of legislation that he could have signed in the course of time 
that he has been President of the United States of America. I am 
disappointed in that, but I would rather look at the bright side of 
things in the sense that we have advanced, I believe, the cause of 
medical research in this country.
  We have had alternative proposals in terms of embryonic stem cell 
research. We have had a focus on it. There is a greater education about 
stem cell research than we ever had in this Congress before and 
certainly across the United States of America. Hopefully this will end 
up with greater research being done as far as the NIH and Federal 
medical involvement in that research is concerned.
  The debate has sort of shifted. Back in May of 2005 when we had this 
debate, we talked about adult stem cells and how they could be better 
than embryonic stem cells. I think we all should recognize that there 
is some very good research on adult stem cells, which has been around 
for a long time, but we should realize now that the debate has turned 
to how are we going to obtain these pluripotent embryonic stem cells 
which can help research so much more than anything else we could 
possibly do. So there had been some progress as far as that is 
concerned.
  A couple of points I want to make, and one is that everybody knows 
this research is about embryos. What is an embryo? It is a 5-day-old 
blastocyst no bigger than the point of a pencil. The ones that we are 
dealing with would never be implanted in a woman and are slated for 
medical waste. That is very important to understand. The decision has 
been made by the individuals who created that embryo to have it go into 
medical waste; and then they make the decision instead of doing that, 
it will be used for medical research. So these will never become people 
because that is a decision that has already been made and is behind us 
at that particular point in time.
  It is also very important to point out that this legislation does not 
fund derivation or the so-called killing of the embryo to obtain the 
embryonic stem cells. That has nothing to do with this. This simply 
funds the research, the potentially life-saving research, for the one 
in three, the 110 million Americans who have been referred to.
  We are not going to stop here. I would just like to address those 110 
million people and their families. We are not going to stop here. We 
are going to continue to advance research. We have offered alternatives 
to the White House before. They did not want those alternatives. They 
did not want this legislation. We will go back to that process. We will 
do everything in our power to help the patients nationwide who might 
need help.
  I think there is more commonality of opinion on this than there was 
before. Hopefully there will be more openings than we have had 
heretofore as well.
  I know that embryonic stem cell research will progress and eventually 
be a benefit to mankind. My concern is delay. It is going to happen at 
some point. It is a time issue. It is a temporal issue, but we are 
going to have this research. We are going to improve medical research 
opportunities for everybody.
  I just want to quote Ben Franklin at the 1787 Constitutional 
Convention: ``I have often in the course of the session looked at that 
sun behind the President without being able to tell whether it was 
rising or setting. But now at length I have the happiness to know it is 
a rising and not a setting sun.''
  That is how I feel about stem cell research: One day the sun will 
rise on it, and people will be helped.

                              {time}  1715

  Ms. DeGETTE. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentlewoman from California (Ms. Eshoo).
  Ms. ESHOO. Mr. Speaker, I thank our distinguished colleague who has 
worked so hard to bring this legislation forward.
  Today, I think, is really a sad day in our country with the President 
announcing the veto, the only veto that he has used in his entire 
Presidency, to strike down what I believe is very sound legislation. I 
think he has placed the dogmatic views of some of his supporters ahead 
of sound science, ahead of public health, ahead of research, and ahead 
of our country's best interest.
  I am proud to be an original cosponsor of the Stem Cell Research 
Enhancement Act. Why? Because there are millions of Americans that are 
afflicted with so many diseases. I believe that this legislation not 
only gives them hope, it spells out, as a national policy, that we can 
indeed merge ethics, morality, and sound public policy to address what 
ails them.
  We have all had constituents come to us, parents of children with 
juvenile diabetes, pleading that the research be able to go forward.
  I have always thought that America was the best idea that has ever 
been born. Today, I think that light of what America represents not 
only to her own people, but to be the hope and the beacon of light for 
people around the world, has been diminished by this veto.
  I believe that this legislation needs to move on. It should be the 
public policy and the guidepost in terms of ethics

[[Page 15098]]

and morality for our country, which is the responsibility of the 
Congress to set forward, should move forward, and it will when the 
House of Representatives overrides the President's dubious veto.
  Mr. Speaker, unfortunately the President has placed the dogmatic 
views of some of his supporters ahead of sound science, ahead of public 
health, and ahead of our country's best interests.
  The Stem Cell Research Enhancement Act will not merely advance 
medical science. It will almost certainly save many thousands of lives 
and provide hope to millions of Americans afflicted with terrible, 
debilitating diseases and injuries, including Parkinson's, Alzheimer's, 
spinal cord injuries, strokes, heart disease, diabetes, burns and 
arthritis.
  I'm proud to be an original cosponsor of this bill and I'm deeply 
saddened that the President has seen fit to use the first veto of his 
presidency on this crucial legislation.
  H.R. 810 will bring embryonic stem cell research under the National 
Institutes of Health, ensuring rigorous controls and ethical guidelines 
on this research that only the NIH can implement.
  Congress has a moral imperative to frame these issues and establish a 
national policy that integrates the best of science and the highest 
ethical standards.
  Without this legislation, much of the critical funding for stem-cell 
research will be available only from the States, from private sources, 
or from foreign governments who are investing billions in this field.
  If we don't override the President's veto, stem cell research will be 
curtailed in the United States, but it will not end. Researchers and 
doctors in the United Kingdom, Sweden, Israel, China, Australia, South 
Korea, the Czech Republic, and elsewhere are moving full speed ahead on 
this vital research and will continue to do so.
  If the President's veto of this bill is successful, he will only 
succeed in preventing life-saving cures from reaching American patients 
sooner, and prevent the establishment of national standards for this 
research.
  Mr. Speaker, science and ethics can and indeed should be joined, and 
this legislation sets out a comprehensive national policy for this 
vital research.
  The President's veto represents an exercise of political science over 
real science, and must not be allowed to stand.
  Vote to override this veto.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from Mississippi (Mr. Wicker).
  Mr. WICKER. Mr. Speaker, it is regrettable that there has been so 
much confusion about the current state of embryonic stem cell research 
in our country. The choice is not between conducting the stem cell 
research or not conducting it. That is not the choice. Embryonic stem 
cell research is legal in America, and nothing in the administration's 
current policy affects that legality; 400 lines are currently being 
used to conduct embryonic stem cell research, both in the private 
sector and by the Federal Government. Indeed, the Federal Government 
spent $41 million last year on embryonic stem cell research.
  The administration's policy simply provides that Federal taxpayer 
dollars are not used to destroy human embryos. It is false to suggest 
that medical breakthroughs come only through government research. In 
fact, the private sector has been responsible for such breakthroughs as 
the heart drug Sildenafil, Prozac and ibuprofen. Private researchers 
discovered penicillin and the polio vaccine, conducted the first kidney 
and lung transplants, and identified the role DNA plays in directing 
our biologic makeup, all without Federal dollars.
  And where is the private sector spending its dollars now? The 
overwhelming portion of nongovernment money is going to adult and germ 
cell research, because that is where the promise is. There are over 72 
known treatments using adult stem cells. A huge breakthrough with 
regard to juvenile diabetes has occurred just in the last 6 months. 
Ductal cells from the patient's own pancreas can be induced to become 
stem cells that then produce insulin-producing cells. This process was 
created in the U.S. and has cured eight people of diabetes in Europe 
using adult stem cells, not embryonic stem cells.
  But, Mr. Speaker, no one can deny that this debate involves a 
profound ethical and moral question. This is a matter of conscience for 
millions of taxpayers who are deeply troubled by the idea that their 
resources are being used to destroy human life, and it is a vote of 
conscience for me.
  The private sector can go forward, if it must, with destruction of 
embryos for questionable and ethically challenged science. But spend 
the people's money on proven blood cord, bone marrow, germ cell, and 
adult cell research.
  Ms. DeGETTE. Mr. Speaker, I am now pleased to yield 2 minutes to the 
gentleman from Rhode Island (Mr. Langevin), a leader on this issue.
  Mr. LANGEVIN. Mr. Speaker, I thank the gentlewoman for yielding and 
for her exceptional leadership, along with Congressman Mike Castle's 
leadership on this exceptional and important issue.
  Mr. Speaker, I rise to express profound disappointment in the 
decision of the President to veto H.R. 810.
  This legislation passed with strong bipartisan support in both 
Chambers of Congress. It enjoys the support of upwards of 70 percent of 
the American people and, most importantly, it offers hope and the 
promise of a cure to the millions of people who are living with the 
constant challenge and burdens of chronic disease and disability.
  Mr. Speaker, when I was injured in an accidental shooting as a young 
police cadet almost 26 years ago, I was told that I would never walk 
again. The promise of embryonic stem cell research was at that time 
unheard of.
  While I always held out hope that I would one day walk again, it was 
not until the tremendous potential and advances in the field of stem 
cell research that I truly understood how a cure might work. Today I am 
thrilled to be able to share this hope with millions of others.
  We live in exciting times. Today, newly injured patients, many of 
them teenagers, as I was, are told about developing treatments and 
scientific progress. They face the world with many of the same 
challenges I faced in 1980, but they also face the world with the hope 
and real promise of a cure.
  Under the current policy, however, that promise is limited. Embryonic 
stem cell research has been limited to the lines derived before August 
9, 2001, the date of the President's policy announcement.
  When the President announced his policy almost 5 years ago, even he 
acknowledged the tremendous potential of embryonic stem cell research. 
In fact, that policy allows the research to proceed but only in a very 
limited way. The resources that we had in 2001 have run out. This 
research cannot truly move forward without a change in policy. That is 
why I am disheartened by the President's decision today.
  H.R. 810 was crafted according to the ethical guidelines outlined by 
the President, and it is why I will vote to override his veto today.
  It authorizes research only on excess embryos originally created for 
in vitro fertilization but which are slated for destruction.
  It requires informed, voluntary consent of the donor.
  The only change to existing policy would be the lifting of the cutoff 
date of August 9. This is, in fact, not a debate about the ethics of 
stem cell research, or a debate about when life begins. It is a debate 
about a date.
  H.R. 810 offers our nation's scientists the tools they need to 
proceed down this historic path. Stem cell research represents the most 
noble activity in which our government can engage: the protection, 
promotion, and, indeed, affirmation of the lives of our most vulnerable 
citizens.
  With millions of American patients and their families in mind, I will 
proudly cast my vote today to override the President's veto. I urge all 
my colleagues to join me in support of the override.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1 minute to the 
gentlewoman from Florida (Ms. Ginny Brown-Waite).
  Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today as a 
mother, as a Member of this body, and certainly as a concerned citizen 
who fears that the untapped potential of stem cell research may be 
falling by the wayside.
  I was disheartened to learn that the President did veto H.R. 810 
today because it passed the House by a very significant majority. It is 
because of my

[[Page 15099]]

strong respect for and commitment to life that I supported this bill 
last year.
  A sad fact of life is that many of our loved ones suffer from 
debilitating diseases such as Alzheimer's, diabetes and Parkinson's. 
But embryonic stem cell research holds promise to cure these illnesses. 
A visit to the Miami Project, where they are trying to find a cure for 
paralysis, certainly would convince anyone of the need for this 
research. They have shown very promising progress.
  The bill brings forth hope from embryos that would otherwise be 
discarded, thrown in the trash. These are embryos that can be used for 
good and for substantial medical research.
  Overriding the veto today will provide promise of hope and promise to 
millions of Americans suffering from diseases and I urge my colleagues 
to vote in favor of life by voting ``yes'' to override the President's 
veto.
  Ms. DeGETTE. Mr. Speaker, I yield to the gentlewoman from Texas (Ms. 
Jackson-Lee) for a unanimous consent request.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished 
gentlewoman.
  I rise strongly to support stem cell research and ask this House to 
vote ``yes'' to override the President's veto. I intend to vote ``yes'' 
to override the veto.
  Mr. Speaker, I rise today in support of H.R. 810, the ``Stem Cell 
Research Enhancement Act of 2005.'' We have an opportunity, and a 
responsibility, to save lives by supporting this bill, and to help 
Americans who are suffering.
  In order to accelerate scientific progress toward the cures and 
treatments for a wide variety of diseases and debilitating health 
conditions, such as Parkinson's Disease, Diabetes, Alzheimer's Disease, 
Amyotrophic Lateral Sclerosis (ALS), cancer, and spinal cord injuries, 
it is necessary to expand the number of stem cell lines that can be 
used in federally funded research.
  Our debate today is a historical achievement for two reasons. First, 
President Bush vetoed this bill, after it passed in both the House of 
Representatives (238-194) and the Senate (63-37). This was the first 
time in five and one-half years in office that President Bush has 
vetoed a bill. This speaks volumes about the failure of our system of 
checks and balances, the short-sightedness of our executive branch, and 
the lack of Congressional leadership.
  Second, we must reassess and reaffirm the need and commitment of this 
nation to pursue medical research leadership and scientific innovation. 
We must do everything in our power to reduce human suffering and better 
understand human physiology. Today, we must make history. We must 
override this veto and pass H.R. 810 in order to preserve the ability 
of our scientists to pursue innovative research with stem cell lines 
and find effective treatments and cures for the diseases and conditions 
that plague humankind.
  The miracles capable with stem cell research are mind boggling. It 
may be possible for neurons developed from embryonic stem cells to 
restore function to paralyzed individuals; breast cancer may be 
mitigated by embryonic stem cells that mimic and then slow the growth 
of cancer cells; an embryonic stem cell-aided kidney transplant can 
help a patient accept a donor organ with minimal dose of drugs; 
embryonic stem cells can transform and regenerate damaged liver tissue, 
offering renewed hope to the 1 out of 5 patients who die before they 
receive a liver transplant.
  As a Member of the Science committee, I am dedicated to the 
advancement of science, to the exploration of creative initiatives, and 
the pursuit of sound research. When we demonize science, we only hurt 
ourselves, making it more likely that other countries will stand at the 
forefront of science and innovation.
  According to the National Institutes of Health (NIH), of more than 60 
stem cell lines that were declared eligible for federal funding in 
2001, only about 22 lines are actually available for study by and 
distribution to researchers. These NIH-approved lines lack the genetic 
diversity that researchers need in order to develop effective 
treatments for millions of Americans.
  The policy debate that we have engaged in over the last year has 
focused on both scientific and moral arguments. This bill is precisely 
the measured, balanced, rational, and progressive law that we need to 
further the scope of medicine, while simultaneously defining precise 
moral guidelines.
  At issue in particular is the use of embryonic stem cells, or 
pluripotent stem cells, versus adult stem cells. The difference is 
crucial in understanding the immense potential benefit.
  Pluripotent stem cells are the most adaptable and unique of all of 
the stem cell varieties. As opposed to adult stem cells, which are 
limited to a genre, such as blood cells or bone cells, pluripotent stem 
cells can eventually specialize in any bodily tissue. Embryonic stem 
cells are clusters of cells, and cannot develop into a fetus or a human 
being. The possibilities are literally limitless, and only restricted 
by time and by funding.
  The pluripotent stem cells were derived using non-Federal funds from 
early-stage embryos donated voluntarily by couples undergoing fertility 
treatment in an in vitro fertilization (IVF) clinic or from non-living 
fetuses obtained from terminated first trimester pregnancies. Informed 
consent was obtained from the donors in both cases. Women voluntarily 
donating fetal tissue for research did so only after making the 
decision to terminate the pregnancy.
  It is estimated that more than 400,000 excess frozen embryos exist in 
the United States today and that tens of thousands, and perhaps as many 
as 100,000, are discarded every year.
  When President Bush declared in 2001 that federal funding to stem 
cell research would be limited, an unprecedented 80 Nobel laureates 
opposed with this action. They included such notables as James Watson, 
who co-discovered the DNA double helix, and renowned economist Milton 
Friedman. In their letter to Mr. Bush, the laureates noted that the 
embryos to be used in the research were destined for destruction 
anyway. They wrote, ``Under these circumstances, it would be tragic to 
waste this opportunity to pursue the work that could potentially 
alleviate human suffering.''
  I ask unanimous consent to submit a copy of this letter to the 
Record.
  This bill provides a limited--yet significant--change in current 
policy that would result in making many more lines of stem cells 
available for research. If we limit the opportunities and resources our 
researchers have today, we only postpone the inevitable breakthrough. 
Our vote today may determine whether that breakthrough is made by 
Americans, or not.
  I urge my colleagues to vote in favor of this bill, to vote in favor 
of scientific innovation, and to vote in favor of a perfect compromise 
between the needs of science and the boundary of our principles.
  Ms. DeGETTE. Mr. Speaker, I am delighted to yield 2 minutes to the 
gentlewoman from California (Mrs. Capps), another fine leader in this 
movement.
  Mrs. CAPPS. Mr. Speaker, I thank my colleague from Colorado for 
yielding and for her leadership and, in fact, the bipartisan leadership 
that has brought us to this point today.
  Mr. Speaker, I rise in support of the bill to override the 
President's veto of H.R. 810.
  It is really unfortunate that this veto and other opposition of this 
bill are born out of misinformation about the issue at hand.
  Under H.R. 810, the embryos from which stem cells are extracted for 
research come from in vitro fertilization only.
  Each year thousands of embryos, no bigger than the head of a pin, are 
created in the process of in vitro fertilization, with the support of 
Congress, by the way.
  A small percentage of these embryos are implanted and will, 
hopefully, grow into children. The rest will be frozen or discarded. 
They will not be used to create life. They will never become children. 
They will be lost without purpose.
  But H.R. 810 gives them purpose, and this only with the express 
approval of the donors.
  Now, the majority of Members in both the House and Senate affirmed 
their support for enhancing our use of stem cells in research because 
they understand that purpose.
  Maybe it really isn't surprising that President Bush has vetoed this 
bill because he doesn't understand, and it is consistent with his 
signing into law other bills that have cut funding for medical 
research, denied proper funding for veterans health care, decreased our 
Nation's ability to confront true health crises.
  This administration has ignored and twisted science in a variety of 
areas, everything from global warming to abstinence-only education.
  The refusal to acknowledge the scientific value of embryonic stem 
cell research is one more tragic misstep.

[[Page 15100]]

Let's not be the embarrassment of the world yet again. Let's affirm our 
commitment to saving lives by overriding this veto. Let's untie the 
hands of scientists on the verge of cures for the world's most 
devastating diseases.
  I urge my colleagues to support this measure.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1 minute to the 
gentlewoman from Ohio (Mrs. Schmidt).
  Mrs. SCHMIDT. Mr. Speaker, I rise in support of sustaining the 
President's veto of H.R. 810. I strongly oppose H.R. 810, the Stem Cell 
Research Enhancement Act. An embryo is human life. H.R. 810 would use 
Federal tax dollars, our tax dollars, to fund the destruction of human 
life for scientific research. This misguided research is already 
permitted. What we are debating is who should pay for it. Should it be 
the taxpayers or private research?
  To my colleagues who support this legislation, I share your concern 
for finding future medical treatments to improve lives. But let's be 
open in the process and look for ways that do not compromise life in 
any form, at its beginning, its middle, or end. There is no 
justification for the destruction of innocent life for the sake of 
another.
  Congress has a moral obligation to protect women and the unborn, and 
I urge my colleagues to sustain the President's veto and vote ``no'' on 
this question.
  Ms. DeGETTE. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentleman from Texas (Mr. Gene Green).
  Mr. GENE GREEN of Texas. Mr. Speaker, the President's veto of 
embryonic stem cell legislation flies in the face of the American 
people's broad support for this bill. In vetoing this bill, the 
President has gone against more than 70 percent of Americans who 
support stem cell research using embryos that would otherwise be 
discarded.

                              {time}  1730

  Even worse, he has thumbed his nose at the millions of Americans 
suffering from incurable diseases. Americans have kept their hopes 
alive while this administration has played political games and thrown 
up roadblocks to the promising research that would offer them a cure.
  As opposed to legislation we have passed to encourage research on 
cord blood and adult stem cells, only this bill, the Castle-DeGette 
bill, would expand research on the embryonic stem cells that have the 
unique ability to reproduce indefinitely and evolve into any cell type 
in our bodies.
  I have personally seen the potential that this research holds and how 
it works. Last summer I visited the stem cell labs at the Baylor 
College of Medicine in my hometown of Houston, where researchers are 
looking at treatments for heart disease with just a few Federal lines. 
The message from the researchers I met with was clear. The current 
policy not only slows medical progress, but will force the world's 
brightest researchers to abandon the U.S. for countries without this 
restriction on lifesaving research.
  My colleagues opposed to this bill have argued this on moral and 
religious grounds. They are absolutely right. Regardless of whether one 
practices Christianity, Judaism, or Islam, every religion in the world 
tells us to alleviate human suffering.
  History has shown, however, that even the most devout have often 
strayed from this common religious and moral duty. According to the New 
Testament, religious leaders in Biblical times attacked Jesus for 
healing the sick on the Sabbath. History has apparently repeated 
itself, as we have religious leaders today casting similar judgments on 
the healers of our time. Just like the sick in Biblical times, American 
families suffering from incurable diseases do not have time for the 
Federal Government to restrict those who could heal them. To alleviate 
human suffering, that is the purpose of this bill, and that should be 
our purpose today.
  Let us override this veto.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1 minute to the 
gentlewoman from Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Speaker, I thank the gentleman from Ohio for allowing 
me some time to speak in favor of sustaining the President's veto.
  It has been a year since this House passed the Castle-DeGette bill, 
and in that year science, not Hollywood, has helped us to debunk the 
myth of a promise for embryonic stem cell research. Hollywood supports 
it. Science created fraudulent experiments. Before last year's vote, 
they made arguments supporting embryonic stem cell research. They were 
coming fast and furious from our colleagues.
  During the debate in the Senate, the same arguments came. They cited 
Dr. Hwang Wook Suk of South Korea and his research. Supporters of his 
research said that he had cloned a human embryo, that he had found a 
way to produce embryonic stem cell lines that could be done routinely 
and efficiently. What happened later? All of his research was debunked. 
The ethics of his research were called into question. It was revealed 
that his publications were faked, his experiments were unsuccessful, 
and the treatment of their egg donors was ethically grossly appalling.
  Mr. Speaker, I urge us to reject embryonic stem cell research as the 
science is not there. Science is very successful in treating patients 
using adult stem cells and cord blood stem cells, which we agreed to 
fund and the President signed, and I believe we should support that.
  Ms. DeGETTE. Mr. Speaker, of course, the gentlewoman from 
Pennsylvania refers to the South Korea experiment which was not 
embryonic stem cell research. Rather, it was somatic cell nuclear 
transfer, not at issue today. And, furthermore, it only points out why 
we need Federal oversight and ethics in the United States.
  Mr. Speaker, I am pleased to yield 2 minutes to the distinguished 
gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Speaker, no single action this Congress could take 
would have a more profound impact on life than increasing Federal funds 
for biomedical research, biomedical scientists to conduct that research 
with human embryonic stem cells. Alzheimer's, Parkinson's, brain and 
spinal cord disorders, diabetes, cancer, at least 58 diseases could 
potentially be cured through stem cell research, diseases that touch 
every family in America and in the world.
  I stand here as someone who understands the promise of biomedical 
research all too well. Having been diagnosed with ovarian cancer by 
chance on a doctor's visit two decades ago, I know firsthand how 
medical research can save lives. It saved mine. It can quite literally 
mean the difference between life and death, between hope and despair.
  Are there moral issues to consider with respect to stem cell 
research? Absolutely. But let us not confuse them with the ethical 
safeguards that this legislation does put in place, allowing research 
only on embryos that were originally created for fertility treatment 
purposes and that are in excess of clinical need. By permitting peer-
reviewed Federal funds to be used with public oversight, we can have no 
doubt that this research will be performed with the utmost dignity and 
ethical responsibility.
  The moral issue here is whether the United States Congress is going 
to stand in the way of science and preclude scientists from doing 
lifesaving research. We do not live in the Dark Ages. With this vote 
this Congress has an opportunity to tell the world that we are a 
country that believes science has the power to advance life. I believe 
we are. By allowing the President to stop this research from going 
forward, we risk something very precious.
  Mr. Speaker, the world has always looked to America as a beacon of 
hope precisely because of our capacity to combine the best ideas in the 
world with abundant resources. Let us continue that tradition. Let us 
lead the way. Support the veto override.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1 minute to the 
gentleman from Illinois (Mr. Kirk).
  Mr. KIRK. Mr. Speaker, this House should override the President's 
veto of the Stem Cell Research Enhancement Act.
  With regard to medical research, science should triumph over 
politics.

[[Page 15101]]

Stem cell research offers the best promise of ending diabetes, 
Parkinson's, and cancer. Americans strongly support the treatment of 
disease, but we are passionate about finding cures.
  America has won more Nobel Prizes in medicine than all European 
countries combined. This legislation is needed to maintain U.S. 
leadership.
  Mr. Speaker, the leading candidates for President in our country of 
both the Republican and Democratic Parties support this bill. In the 
House the Republican chairmen of our most powerful committees, Rules, 
Ways and Means, Appropriations, and Energy, all support this bill. In 
the Senate the Republican majority leader and the Chairs of Armed 
Services, Commerce, Appropriations, Foreign Relations, and Rules all 
supported this bill.
  At worst, the President's stem cell policy will last only 30 more 
months and be reversed on January 20, 2009, regardless of who wins the 
Presidency.
  Ms. DeGETTE. Mr. Speaker, I am pleased to yield for the purpose of 
making a unanimous consent request to the gentleman from Rhode Island 
(Mr. Kennedy).
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I rise in support of the 
effort to override this Presidential veto, of people's right to live a 
life where they can be free from the illness that they are suffering 
today, and of my colleague Jim Langevin's right to be able to get out 
of that wheelchair within his lifetime thanks to stem cell research.
  Ms. DeGETTE. Mr. Speaker, I am pleased to yield 2 minutes to the 
distinguished member of the Energy and Commerce Committee, Mr. Engel.
  Mr. ENGEL. Mr. Speaker, I thank the gentlewoman for yielding.
  Today President Bush has cast the first veto of his Presidency on 
legislation approved overwhelmingly by the House and Senate: the Stem 
Cell Research Enhancement Act. Frankly, to veto a bill that has the 
support of 72 percent of the American public is simply unconscionable 
and indefensible. The President speaks about ethics. I think it is 
totally unethical not to save lives.
  Despite what the critics may say, H.R. 810 does not end life. It 
honors life. As anyone who suffers from diabetes, Parkinson's disease, 
ALS, or a whole host of other debilitating health conditions knows, 
scientists believe embryonic stems cells provide a real opportunity for 
devising unique treatments for these serious diseases.
  Let me be absolutely clear. This is not about cloning. I oppose 
cloning of human beings. This is about the use of stem cells which 
would have been discarded anyway. It has been estimated that there are 
currently 400,000 frozen embryos created during fertility treatments 
which would be destroyed if they are not donated for research. I would 
never condone the donation of embryos to science without the informed 
written consent of donors and strict regulations prohibiting financial 
compensation for potential donors. Our Nation's scientific research 
must adhere to the highest critical and ethical standards, and H.R. 810 
protects this.
  The National Institutes of Health has admitted that U.S. scientists 
have fallen behind Europe and Asia in stem cell research because of 
President Bush's policy. While five States have committed significant 
funding, NIH Director Zerhouni has noted that a patchwork collection of 
different stem cell policies in States could inhibit critical 
collaborations. We need a national commitment, and the current stem 
cells that the President alludes to have been contaminated and are no 
longer useful.
  We must not allow those standing in the way of health and science to 
compromise the future well-being of our families and loved ones. Simply 
put, that would not be ethical. Over 200 patient groups, universities, 
and scientific societies have urged the President to expand the Federal 
policy on stem cell research.
  We must honor life by overriding President Bush's veto.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1\1/2\ minutes to the 
gentleman from Georgia (Mr. Gingrey).
  Mr. GINGREY. Mr. Speaker, I rise today proud to stand with our 
President to ensure that our society remains a people that values life. 
The President is a man of his word, and today he made good on his 
promise and he issued his first Presidential veto against H.R. 810, a 
move to protect the sanctity of human life.
  Mr. Speaker, over the last few days, I have had the privilege to meet 
and visit with the families of the so-called ``snowflake babies.'' 
These are children who started out life at frozen embryos, indeed no 
larger than the point of a pen, whose parents, instead of discarding 
these precious little lives, allowed them to be adopted.
  Each of these families has their own unique story. They are families 
who have longed for and prayed for children. They are families who now 
enjoy the blessings of these little ones' smiles and tears, laughter 
and heartbreak. These children represent what advocates of this bill 
see as unwanted leftovers, collateral damage on society's path to 
medical research called for in the Castle-DeGette bill.
  Mr. Speaker, the interesting aspect of this debate is that embryonic 
stem cell research does not have to divide this House of 
Representatives. I am here today to tell the American people that 
science has delivered the solution to this ethical divide. Scientists 
have made extraordinary advances in research that now allow them access 
to embryoniclike stem cells without destroying the human embryo. The 
answer that science has given us is that our government can have both, 
and, most importantly, so can the American people.
  Yesterday Members of this House, those who claim to be supporters of 
all types of embryonic stem cell research, stood in the way of a bill 
that would have funded these ethical and exciting new breakthroughs.
  Mr. Speaker, we need to sustain the President's veto, and I call for 
my colleagues on both sides of the aisle to do just that.
  Ms. DeGETTE. Mr. Speaker, I am pleased to yield 4 minutes to the 
distinguished Democratic whip, Mr. Hoyer.
  Mr. HOYER. Mr. Speaker, I thank the gentlewoman for yielding me the 
time.
  The choices before the Members of this House today are clear and 
straightforward. Will the Members of the Republican majority choose to 
stand with George W. Bush, who just minutes ago vetoed this 
legislation, ironically the very first veto of his Presidency, and, as 
a result, impede medical research into diseases that afflict millions 
of Americans? Or will the Members of this Republican majority choose to 
stand with more than 70 percent of the American people; the most 
respected members of America's medical research community; and 238 
Members of this House and 63 United States Senators, including, of 
course, majority leader Bill Frist, all of whom support embryonic stem 
cell research?
  There is little question, Mr. Speaker, about the utility of such 
research. Scientists, including 80 Nobel Laureates, believe that 
embryonic stem cell research could lead to treatments and cures for 
diabetes; Parkinson's; Alzheimer's; multiple sclerosis; cancer; and, as 
the gentleman from Rhode Island indicated, the rehabilitation of 
nerves.
  Dr. Zerhouni, director of the National Institutes of Health, chosen 
by George Bush, has stated: ``Embryonic stem cell research holds great 
promise for treating, curing, and improving our understanding and 
treatment of disease.''

                              {time}  1745

  The American Medical Association and 92 other organizations stated 
last week in a letter that ``only H.R. 810 will move stem cell research 
forward.''
  Senate Majority Leader Frist, a heart surgeon, has stated, 
``Embryonic stem cells uniquely hold specific promise that adult stem 
cells cannot provide.''
  Nor is there doubt about the need for more stem cell lines, since the 
lines designated by President Bush in 2001 have proven much less useful 
than hoped. Dr. Anthony Fauci, director of the National Institute of 
Allergy And Infectious Diseases, has stated, ``Our

[[Page 15102]]

institute believes that embryonic stem cell research could be advanced 
by the availability of additional cell lines. We may be limiting our 
ability to achieve the full range of potential therapeutic application 
of embryonic stem cells by restricting research to a relatively small 
number of lines currently available.'' This legislation seeks to do 
just what Dr. Fauci says ought to be done.
  Mr. Speaker, the Castle-DeGette bill quite simply would authorize 
Federal funds for research on embryonic stem cell lines derived from 
surplus embryos at in vitro fertilization clinics that would otherwise 
be discarded. That would otherwise be discarded. That seems to me to be 
critical to every Member's decision.
  Equally important, the bill would allow Federal funding of embryonic 
stem cell research only if strict ethical guidelines are followed. We 
do not pursue this irresponsibly.
  Mr. Speaker, this is one of the most important votes that Members 
will cast in this Congress, and it will be long remembered by the 
American people. I implore my colleagues, vote to advance ethical 
embryonic stem cell research, not impede it. Vote to override the 
President's misguided veto, which will be looked upon years from now as 
a momentary victory for ideology over medical research and progress.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1\1/2\ minutes to the 
gentleman from Maryland (Mr. Bartlett).
  Mr. BARTLETT of Maryland. Mr. Speaker, earlier today I attended the 
President's news conference with snowflake babies and their families at 
which the President announced his veto of H.R. 810. Snowflake babies 
were adopted as excess embryos. Excess embryos would be destroyed with 
taxpayers' dollars under H.R. 810 to produce pluripotent stem cells for 
science.
  How can anyone look at these snowflake babies and hear their voices 
and say that it would be okay to kill them to provide materials for 
medical research?
  President Bush transformed what could have been a day of tragedy into 
a day of triumph by vetoing H.R. 810 and by taking additional steps to 
support pluripotent stem cell research that does not destroy embryos.
  To the proponents of H.R. 810, scientists, doctors and the public, 
pluripotent stem cells hold the most promise for understanding human 
diseases and treating devastating conditions. That is why pluripotent 
stem cells are coveted.
  Yesterday, knowing that the President would veto H.R. 810, this body 
had the opportunity to approve a bill the President said he would sign 
to use taxpayer dollars to obtain pluripotent stem cells without 
destroying embryos. This opportunity is not lost to this Congress.
  I urge everyone in this Chamber to sustain President Bush's veto and 
support bringing back for a vote the Bartlett-Santorum bill, S. 2754, 
which represents common ground into promising ways the Federal 
Government can support pluripotent stem cell research without 
sacrificing life for medicine.
  Ms. DeGETTE. Mr. Speaker, I am pleased to yield 1 minute to the 
gentlewoman from New York (Ms. Slaughter).
  Ms. SLAUGHTER. Mr. Speaker, I thank the gentlewoman, and especially 
appreciate the good work that she and Mr. Castle have done.
  With the President's action today, and he always keeps his word, he 
condemned tens of millions of Americans and their families and 
everybody who loves them to suffer needlessly, and all the while they 
know their government, when given the opportunity to help, decided to 
do nothing.
  I remember this kind of mugwumpery before. I remember when organ 
transplants came about. Everybody said, oh, no, we can't do that. If 
God didn't want you to have a good liver, you can't get one from 
somebody else. The same thing with blood transfusions, all the way 
through. Why in the world do we always have such a know-nothing, 
antiscientific government body that tells our scientists what they can 
do and can't do?
  As one of the scientists in this House, I am appalled at the fact 
that my country is falling behind in scientific research. I am 
astonished that we are telling scientists what they can and cannot 
study. It bothers me that scientists in other countries don't want to 
come here to study anymore because of the way that this has happened.
  If we fail to override this veto tonight, we are putting this country 
back another 200 years. Perhaps not that much. But any of you who 
believe that voting for that one bill yesterday and wanting to vote for 
the second will cover you at home, let me tell you that is not true. 
Science knows better. Science will bear out that we do not have the 
lines we need for research, and you will pay the price, I hope, in 
November.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield to the 
gentleman from Connecticut (Mr. Shays) for the purpose of a unanimous 
consent request.
  Mr. SHAYS. Mr. Speaker, I rise in support of overriding the veto.
  I urge my colleagues to join in voting to override the Presidential 
veto of H.R. 810, the Stem Cell Research Enhancement Act.
  I am disappointed the President used his first veto on legislation 
that has the potential to help millions of Americans affected by 
debilitating illnesses. I do not believe history will judge his 
decision kindly.
  When the President first allowed this research to go forward in 2001, 
he could argue that he was setting up reasonable restrictions. I think 
today it is clear those restrictions are burdensome, ideologically 
driven and threaten our status as the preeminent country for medical 
research.
  I appreciate that my Leadership has allowed fair debate on this bill 
and an up-or-down vote, and hope that in the future we will be 
successful in helping this research to advance.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I would like to 
yield 1 minute to the gentlewoman from Connecticut (Mrs. Johnson).
  Mrs. JOHNSON of Connecticut. Mr. Speaker, I rise in strong support of 
overriding the President's veto of the embryonic stem cell research 
bill.
  Every time I go to a classroom in my district, I tell those kids, 
knowledge is power, and one of the reasons America is such a great 
Nation is because knowledge and freedom couple to drive the frontiers 
of knowledge forward, as they have in science and medicine. And here is 
another frontier. Yes, we will push forward. The President cannot fence 
in knowledge, the pursuit of knowledge, in a free society.
  But as we push forward, that research will not be covered and guided 
by the ethical code developed by NIH. As we push forward, millions of 
dollars will be wasted on building a parallel infrastructure of 
expensive equipment so the State and Federal dollars and the private 
and Federal dollars can be kept separate.
  It is a tragedy that our President has vetoed this important bill, 
and I will vote to override.
  Ms. DeGETTE. Mr. Speaker, I am pleased to yield 1 minute to the 
distinguished gentleman from Missouri (Mr. Carnahan).
  Mr. CARNAHAN. Mr. Speaker, I rise today in strong support of this 
landmark stem cell bill and in opposition to President Bush's 
unbelievable first-ever veto.
  We reached an historic crossroad today in Washington. With the stroke 
of his pen, the President could have signed stem cell hope and ethical 
standards into law. But, sadly, the President has delayed medical 
advances for years.
  H.R. 810 will provide the Federal resources necessary to unlock the 
door to lifesaving cures for millions. It was passed after 
extraordinary debate and historic bipartisan cooperation. It holds the 
promise of major advancements in science.
  I am deeply disappointed by the President's veto, as are millions of 
Americans and thousands of my fellow Missourians that have been 
working, hoping and praying for the approval of this bill. We will not 
soon forget what happened today. We will not give up. This issue has 
united Americans into action with a powerful voice.
  I strongly urge my colleagues to override the President's veto, to 
continue the work of embryonic stem cell research and to provide hope 
for those who need it most.

[[Page 15103]]


  Mr. BOEHNER. Mr. Speaker, I yield 45 seconds to the gentleman from 
Michigan (Mr. Schwarz).
  Mr. SCHWARZ of Michigan. Mr. Speaker, medical research in the United 
States has for decades been the envy of the world. That embryonic stem 
cell research holds the key to potential treatment for all manner of 
disease is already well documented in this debate.
  As a physician, I am dismayed at the claims that adult stem cells and 
umbilical cord cells hold the true pluripotentiality of embryonic stem 
cells. This is simply not true.
  I ask my colleagues to vote to override the veto of this bill. 
Embryonic stem cell research will continue apace in other parts of the 
world. It is sad that the great progress and potential in this field 
won't happen in the United States with our superb academic scientific 
facilities. It is sadder yet that those who oppose this bill don't 
recognize that embryonic stem cells represent the epitome, the 
ultimate, in those things prolife, that is, to save the lives of our 
fellow members of the human race.
  Ms. DeGETTE. Mr. Speaker, I am pleased to yield 1 minute to the 
distinguished gentlewoman from New York (Mrs. Lowey).
  Mrs. LOWEY. Mr. Speaker, at issue here is the fundamental value of 
saving lives, a value that we all share regardless of race, culture or 
religion. Embryonic stem cells have the potential not just to treat 
some of the most devastating diseases and conditions, but to actually 
cure them.
  The President's veto of this lifesaving legislation is a slap in the 
face of the millions of Americans suffering from diseases like 
Alzheimer's, Parkinson's, or debilitating physical injuries, who found 
new hope for treatment and cures with the passage of H.R. 810. This 
hope will remain only if researchers have access to the science that 
holds the most potential and are free to explore, with appropriate 
ethical guidelines, medical advances never before imagined possible.
  The 67 percent of the American public that supports embryonic stem 
cell research understands this. Why doesn't the President?
  There is no question that scientific advancement often comes with 
moral dilemmas. That is why we have examined and debated difficult 
ethical and social questions before passing this legislation.
  Like many of you, I believe that strong guidelines must be in place 
with vigorous oversight from the NIH and Congress before allowing 
federally-funded embryonic stem cell research.
  H.R. 810 would strengthen the standards guiding embryonic stem cell 
research and would ensure that embryos originally created for the 
purpose of in vitro fertilization could be made available for research 
only with the consent of the donor.
  So today I ask my colleagues to be as determined to find a cure as 
science allows us to be. We are closer than ever to remarkable 
discoveries and on the brink of providing hope to millions of 
individuals who otherwise have none. Congress must not allow the 
President to once again put ideology before science.
  I urge my colleagues to vote to override of the President's veto of 
the Stem Cell Research Enhancement Act.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 15 seconds to the 
gentleman from Pennsylvania (Mr. Dent).
  Mr. DENT. Mr. Speaker, I rise to urge my colleagues to override the 
Presidential veto of H.R. 810. The Senate's 63-37 vote yesterday to 
loosen the stranglehold on federally conducted stem cell research and 
set strict ethical standards for performing that research and the 
strong showing of support by the House in May of last year marked a 
triumph of science over politics.
  Mr. Speaker, I strongly urge my colleagues to support the override of 
this veto.
  Ms. DeGETTE. Mr. Speaker, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1 minute to the 
gentleman from Alabama (Mr. Aderholt).
  Mr. ADERHOLT. Mr. Speaker, I thank the majority leader for yielding 
me time, and thank you for your continued support on this issue.
  I do rise today to voice my support for the President's veto of H.R. 
810. With today's vote, the House will place itself alongside the 
millions of Americans who believe that all life is precious, even at 
its earliest stages.
  This bill, H.R. 810, would make taxpayer dollars available for 
embryonic stem cell research using embryos remaining from in vitro 
fertilization procedures.
  Mr. Speaker, that is the issue. Taxpayers should not be forced to 
fund what some consider morally wrong.
  It is still questionable whether embryonic stem cell research will 
even yield results. I believe we should focus our resources on the 
proven, the successful adult stem cell research that is working to 
produce real, meaningful results. That we can all agree on.
  Proponents of embryonic stem cell research point to their hope of 
potential lifesaving benefits from such research. I support the goal, 
but destroying a life to try to save another is not the way to 
accomplish it.
  Mr. Speaker, I urge a ``no'' vote on this legislation.
  Ms. DeGETTE. Mr. Speaker, I reserve the balance of my time.
  Mr. BOEHNER. Mr. Speaker, I am pleased to yield 1 minute to the 
gentleman from Arizona (Mr. Kolbe).
  Mr. KOLBE. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise to join many of my colleagues today in opposing 
the President's veto of H.R. 810. I do so reluctantly. I think the 
overriding of a veto of any President should be undertaken with 
caution, but in this case I believe it is necessary.
  When the House considered this bill last year, our debate focused on 
the ethical dilemmas of embryonic stem cell research. Those dilemmas 
are real, and they've been thoroughly addressed in the bill we passed.
  What hasn't been noted enough, however, is the importance this bill 
has for American innovation. The President himself has written--quote--
``Through America's investments in science and technology, we have 
revolutionized our economy and changed the world for the better. 
Groundbreaking ideas generated by innovative minds in the private and 
public sectors have paid enormous dividends--improving the lives and 
livelihoods of generations of Americans.''
  These words are true--and to his credit, the President has backed 
them up with his American Competitiveness Initiative, a set of 
proposals that every Member in this House has embraced.
  So I ask my colleagues: what field will prove more crucial to 
American competitiveness, to human well-being, to economic growth, than 
the biological sciences? And what area of research holds more promise 
in the biological sciences than stem cells?
  Over the past two decades, three-quarters of the researchers who have 
won the Nobel Prize in medicine have studied or taught in the United 
States. Can we really expect to retain the global leadership if we 
can't even pass a bill, a thoughtful, bipartisan bill, that assures the 
moral study of embryonic stem cells? ``Assures.'' I use the word 
deliberately, because no other nation will meet, let alone exceed, the 
ethical guidelines and constraints embodied in Castle-DeGette. Each of 
us knows that.
  The sooner we pass this bill into law, the sooner America becomes the 
hub for this research, the sooner our ethical standards become the de 
facto standards governing stem cell science around the world.
  So Castle-DeGette isn't just about taking the scientific lead on 
embryonic stem cells, it is about taking the moral lead, setting an 
ethical standard for research that will take place whether this bill 
becomes law or not. I urge my colleagues to override this veto.

                              {time}  1800

  Mr. BOEHNER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Virginia (Mr. Tom Davis).
  Mr. TOM DAVIS of Virginia. Mr. Speaker, last May I voted in support 
of H.R. 810. I rise again today to override the veto of this 
legislation.
  I want to take this opportunity to reiterate why I believe that 
expanded Federal funding of stem cell research is good public policy. 
We are aware of the potential embryonic stem cells hold. They could 
hold the key to the greatest mysteries of medical science, offering 
cures for those afflicted with Alzheimer's, Parkinson's, juvenile 
diabetes, spinal cord injuries and others. I hope they do.

[[Page 15104]]

  On the other hand, they can be nothing but a source of false hope, 
another disappointment for those who wish for a return to health either 
for themselves or their loved ones. The only certainty is that we will 
never know the answer if our scientists are overly constrained in their 
efforts. Without the wherewithal of the National Institutes of Health, 
we face the prospect of numerous State agencies attempting to set up 
research protocols, something they are not well equipped to do.
  Good science takes time. We must not throw caution to the wind at the 
hint of miraculous cures. Indeed, left unconstrained, this type of 
research could lead to dangerous outcomes.
  H.R. 810 provides ethical guidelines by which federally funded 
researchers must comply. I believe it would be far preferable to have 
the Federal Government setting standards in this field rather than a 
hodgepodge of States and private entities. The Federal Government 
should lead the way.
  I supported President Bush when he announced his plan to allow 
federally funded research on 60 preexisting lines. Now, though, we only 
have 22 lines with significant shortcomings that make them of dubious 
value.
  Federally funded U.S. researchers are at a technical disadvantage as 
they lack access to newer stem cell lines. Our top stem cell biologists 
are moving into non-federally funded research or even going overseas to 
pursue their work. We should not allow this to happen.
  There is no question that many difficult questions attend this 
debate, and many feel strongly that there are ethical reasons not to 
pursue embryonic stem cell research. But I strongly feel there are 
ethical reasons why we should. I cannot look at a couple whose child is 
suffering from a debilitating disease in the eye and tell them I am not 
doing everything as their elected official; I came to find a cure. I 
cannot look a researcher in the eyes and tell him I will not let him 
explore the promise.
  I urge my colleagues to vote to override this veto.
  Ms. DeGETTE. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. BOEHNER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Pitts).
  Mr. PITTS. Mr. Speaker, I thank the majority leader for yielding. In 
her opening remarks, the chief Democratic sponsor of this bill told us 
that embryonic stem cell research will cure Alzheimer's. This is yet 
another example of the misinformation the bill's proponents have been 
spreading for the past year.
  Let me read from a Washington Post article by Rick Weiss: ``Given the 
lack of any serious suggestion that stem cells themselves have 
practical potential to treat Alzheimer's, the Reagan-inspired tidal 
wave of enthusiasm stands as an example of how easily a modest line of 
scientific inquiry can grow in the public mind to mythological 
proportions. It is a distortion that some admit is not being 
aggressively corrected by scientists.''
  Said Ronald D.G. McKay, stem cell researcher at the National 
Institute of Neurological Disorders and Stroke, ``Embryonic stem cell 
research may never cure any disease.''
  However, ethical adult stem cell research has already resulted in 
nine FDA-approved therapies for major diseases. We should support 
ethical research that works.
  In this binder I have information from established medical journals 
for over 70, 72 to be exact, successful treatments that have been 
discovered using ethical research of adult stem cells; not a single 
embryo has been destroyed in the process.
  In this binder I have the successful treatments derived from embryo-
destroying stem cell research. Not a single cure. The score is 72-0. 
All it has to show for itself are failed experiments, disgraced 
researchers, tumors and dead laboratory rats.
  Mr. Speaker, I applaud the President for doing the right thing and 
vetoing this unethical and unnecessary legislation. I urge all of my 
colleagues to sustain the President's veto. Reject H.R. 810.
  Ms. DeGETTE. Mr. Speaker, I yield 1 minute to the gentleman from 
Massachusetts (Mr. Markey).
  Mr. MARKEY. Mr. Speaker, President Bush made history today by adding 
a major black mark to a Presidency that began on the comforting note of 
compassionate conservatism, but is ending with a jarring jab to the 
sick and the ill.
  There have been 1,484 previous formal vetoes of legislation enacted 
by Congress in the history of this country, but this one may be the 
most damaging veto ever issued by any President. If the Congress does 
not override this veto of this bipartisan stem cell research act, this 
will be remembered as a Luddite moment in American history, when 
scientific progress was brought to a halt by those who put fear ahead 
of hope, and ideology ahead of science.
  Research is medicine's field of dreams from which we harvest cures, 
cures which offer hope to millions of American families struggling with 
Parkinson's, Alzheimer's, heart disease, juvenile diabetes and cancer. 
Hope is the most powerful four-letter word in the English language. But 
if we allow this Bush veto to stand, we will snuff out this flickering 
candle of hope just as the candle was lit.
  Vote for the override of this historic veto of scientific progress. 
Vote to give the American people a reason to believe.
  Mr. BOEHNER. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I have heard it 
said that the President's veto is a political game. There are no 
political games being played here, except yesterday when the authors of 
this bill that is before us argued that people should vote against H.R. 
5526, the Alternative Pluripotent Stem Cell Therapies Enhancement Act. 
Why would they do that? A bill that would allow a neutral, that is 
neutral with respect to ethics, opportunity to develop pluripotent stem 
cell therapies. And yet we are told here that we are allowing ideology 
to get in the way of science.
  What was yesterday's request by those who authored this bill? You 
know, we have to consider ethics. Science cannot tell us what to do. It 
tells us what we can do, but it does not tell us what it is ethically 
appropriate to do.
  This country leads the world in medical research, but it also leads 
the world in ethical action. We should not be losers in either side. 
Support the President's veto.
  Ms. DeGETTE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Missouri (Mr. Cleaver).
  Mr. CLEAVER. Mr. Speaker, like millions of Americans, I, too, am 
disappointed with the President's veto. In Kansas City, Missouri, a man 
by the name of Jim and his wife Virginia Stowers started a company 
called American Centuries. It became one of the most successful 
companies in this country. A few years ago they decided that they would 
give back. Both of them are cancer survivors, and so they founded the 
Stowers Institute. It is an institution in Kansas City, Missouri, 
designed and funded by this great couple to research all kinds of 
medical cures. I will tell them later today that no Federal funds can 
be used.
  Behind all of the opposition to stem cell research, there seems to be 
a subliminal religious tone. I am a fundamentalist in that I believe 
that the Holy Bible is the inspired and interminable word of God. But I 
am baffled by my fellow fundamentalists who seem to be utterly opposed 
to and terror-stricken by the advancement of science, including stem 
cell research.
  The propagation of knowledge by some in our faith seems to be a 
foreboding foray toward undermining or diminishing the glory of the 
Creator. However, the opposite is true. When the human intellect makes 
strides that sets the world agog, it is God from whom all knowledge 
stems who is honored.
  And keep in mind that scientific advancement is not an enemy of 
faith, but rather a bold statement that God is still active in this 
universe.
  Mr. Speaker, I conclude by just saying that it is a great testament 
to God

[[Page 15105]]

if we are able to advance science. It means that His power is supreme.
  Because I accept the Bible as the inspired and interminable Word of 
God, I consider myself to be a Christian fundamentalist. I accept, as 
an inseparable component of my faith, the omnipotence, omnipresence, 
and omniscience of God. Therefore, I am baffled by my fellow 
fundamentalists who seem to be utterly opposed to and terror-stricken 
by the advancement of science, including stem cell research. The 
propagation of knowledge and the dismantling of the boundless awe-
inspiring mysteries of God's world are viewed by some in our faith as a 
foreboding foray toward undermining and diminishing the glory of the 
Creator. However, the opposite is true. When the human intellect makes 
strides that sets the world agog, it is God, from whom all knowledge 
stems, who is honored. Let us keep in mind that scientific advancement 
is not an enemy of faith, but rather a bold statement of Praise.
  Contemporary men and women of faith, as always, stand at the 
crossroads. In a real sense, religion has always been impelled to wage 
war in some area or another. The pressing question is shall we march 
across the battlefields of faith with open arms toward the magnificent 
revelations of God's great truths, or, do we use our inherent power and 
influence to signal a retreat from the bright and simmering sunshine of 
expanding scientific scholarship. The potential life-saving issue of 
stem cell research is before us. The scepter is in the hands of the 
enlightened community of believers. Our failure to speak out on the 
medical need for stem cell research will allow earnest but erroneous or 
misguided souls who wish to constrain such study to force us back to a 
time when the faithful waged its fiery finger of scorn at the 
irreverence of scientific inquiry. Like the majority of people of 
faith, I totally reject the notion that today's community of believers 
are as troglodytic as our ancestors who refused to peer through the 
lens of Galileo's telescope. Nonetheless, this is a testing time.
  Doctor Harry Emerson Fosdick, the legendary Baptist clergyman of the 
first half of the 20th century, profoundly addresses the issue of 
flowering faith in his wonderfully inspiring book, The Modern Use of 
the Bible: ``If there are fresh things to learn concerning the physical 
universe, let us have them, that we may find deeper meaning when we 
say, `The heavens declare the glory of God.'''
  If there is a great possibility to uncover new cures for the beastly 
diseases which besiege the human body, the community of faith must 
implore the researchers to explore, seize, and use them. After all, the 
One we claim as the Imminent Source and Guide of the Universe is 
befitting of our very best.
  Sure, the scientific research on stem cells must be moral. The 
institutions of scientific research must understand that there are 
moral mandates that cannot be infringed or ignored with impunity. When 
the sway of the intellect becomes extreme, the religious must repudiate 
and guide it back to equilibrium and reason. Additionally, when the 
community of faith clings to the debilitating conventionalism of a 
petrified past, some among us must push against that as well.
  Should science succeed in fulfilling the much vaunted optimism 
expressed by advocates of stem cell therapy, much of the credit should 
go to the community of faith. Every experiment that leads to greater 
medical breakthroughs is a discernible display of the earthly presence 
of God and of the presence of particles of his divinity in us.
  Mr. BOEHNER. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, I thank the majority leader for 
yielding me time, and for his leadership today and every day.
  Mr. Speaker, never in my 26 years as a Member of Congress have I seen 
so much hyperbole, misinformation and misattribution of success as in 
the embryonic stem cell debate.
  Despite recent revelations of massive fraud by prominent stem cell 
researchers in South Korea, despite the fact that there hasn't been 
anything even close to success of any kind in treating any human being 
anywhere in the world with embryonic stem cells, despite all of this 
and so much more, embryonic stem cell proponents demand that tens of 
thousands of perfectly healthy human embryos be destroyed for taxpayer-
funded research.
  This is especially troubling in light of the stunning breakthroughs 
and successes announced almost daily of adult and cord blood stem cell 
therapies that are today helping men and women with leukemia, sickle 
cell anemia, and a myriad of other diseases. Ethical stem cell 
research, Mr. Speaker, has given not only hope, but it has given us 
real, durable therapies that work.
  Arguments were made on this floor, Mr. Speaker, that we are just 
using spare or leftover embryos as if they exist as a subclass of 
surplus human beings that can be experimented on or slaughtered at 
will.
  A few hours ago at the White House, several of us met with some of 
those snowflake children, all of whom were adopted while they were 
still in their embryonic stage and frozen in what we like to call 
frozen orphanages. Believe me, watching snowflakes children laugh, 
smile and act, well, like kids underscored the fact that they are every 
bit as human and alive and precious as any other child. Under the 
Castle bill, these so-called surplus humans are throwaways. Adopt them, 
don't destroy them.
  Mr. Speaker, finally, make no mistake about it, those of us who 
oppose the Castle bill support aggressive stem cell research and 
judicious application of stem cells to mitigate and cure diseases. That 
is why I sponsored the Stem Cell Therapeutic and Research Act of 2005. 
It provides $265 million for comprehensive cord blood and bone marrow 
stem cells. That is why we support the $609 million in FY 2006 
currently been expended under the NIH for ethical stem cells.
  Yesterday, Hannah Strege, the first known snowflake embryo adoption, 
told a small group of us: ``Don't kill the embryos, we are kids and we 
want to grow up too.'' How come a 7-year-old gets it and we don't. 
Sustain the veto.
  Ms. DeGETTE. Mr. Speaker, I yield 1 minute to the distinguished 
Democratic leader (Ms. Pelosi).
  Ms. PELOSI. Mr. Speaker, I thank the gentlewoman for yielding me 
time. I salute her for her outstanding leadership and stewardship of 
this bill and her leadership on this issue so important to America's 
families. I also commend Congressman Castle of Delaware for his courage 
and his leadership as well.
  Mr. Speaker, every family in America, indeed every person in this 
room and in this gallery, is just one diagnosis or one phone call away 
from needing the benefits of the embryonic stem cell research. Today 
with his veto, President Bush dashed the hopes of so many Americans who 
were praying for this legislation and the cures that it can bring. 
Imagine, the first veto of this President, and it is for a bill vetoing 
a bill that has the miraculous power to cure.
  The Latin root of veto, the Latin translation of veto means ``I 
forbid.'' President Bush has said today, I forbid allowing the best and 
brightest minds to pursue the science that they believe has the most 
promise and potential to cure.

                              {time}  1815

  President Bush says, I forbid bringing embryonic stem cell research 
under NIH, ensuring the strict controls and stringent ethical 
guidelines that only NIH can ensure and impose. President Bush says, I 
forbid giving our scientists the opportunities they need to ensure that 
our Nation remains preeminent in science.
  Today, I am hoping that the people's House will reflect the American 
people's will and overturn this short-sighted action, and instead of 
saying ``I forbid,'' say ``yes'' to the American people.
  The opponents of this legislation believe that this is a struggle 
between faith and science. I believe that faith and science have at 
least one thing in common: Both are searches for truth. America has 
room for both faith and science, and thank God for that.
  The Episcopal Church, in its letter in support of this legislation 
says, ``As stewards of creation, we are called to help mend and renew 
the world in many ways. The Episcopal Church celebrates medical 
research, and this research expands our knowledge of God's creation and 
empowers us to bring potential healing to those who suffer from disease 
and disability.'' It is our duty here in Congress to bring hope to the 
sick and the disabled, not to bind the hands of those who can bring 
them hope.

[[Page 15106]]

  I believe, as Representative Emanuel Cleaver has said, I believe that 
God guided our researchers to discover the stem cell's power to heal. 
Overturning the President's cruel veto will enable science to live up 
to its potential to answer the prayers of America's families.
  According to many scientists, including 80 Nobel Laureates, embryonic 
stem cell research has the potential to unlock the doors to treatments 
and cures to numerous diseases, and we have spoken about them all day, 
including diabetes, Parkinson's disease, Alzheimer's, Lou Gehrig's 
disease, multiple sclerosis, cancer and spinal cord injuries, to name a 
few.
  Many of our colleagues both here on the floor and other venues, have 
shared their personal stories, whether it is a condition of their 
children or an affliction of their parents. Their generosity of spirit 
and generosity to share those stories gives us testimony as to the need 
for this embryonic stem cell research, and it fills a void in science 
that we know can be filled. I believe that if we know a scientific 
opportunity for cure, we have a moral responsibility to support it.
  Mr. Speaker, this bill will save lives and help us find the cures for 
diseases in a shorter time span. It is all about time, after all, how 
much time people have, the quality of their lives in that time frame.
  This bill will enable science to live up to the biblical power to 
cure. I urge all of my colleagues to vote ``yes'' on the override and 
override the President's cruel veto.
  Mr. BOEHNER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Weldon).
  Mr. WELDON of Florida. I thank the majority leader for yielding time. 
I rise in support of the President's veto. I applaud President Bush's 
courage in doing this, and I encourage all of my colleagues on both 
sides of the aisle to sustain this veto.
  This is not about whether we are going to fund more embryonic stem 
cell research. We are funding embryonic stem cell research. We funded 
$38 million of human embryonic stem cell research last year. This is 
not about whether it is legal or not. It is legal in the United States 
to do embryonic stem cell research. Indeed, this is really not about 
whether the United States is going to fall behind in this area of 
research.
  The United States leads the world because of the President's program, 
publishing 46 percent of the published research articles on human 
embryonic stem cell research.
  So what is this about, what are we debating today? We lead the world. 
We are funding it. What are we debating?
  What we are debating today in this Chamber is whether or not we are 
going to use taxpayer dollars to kill more human embryos. That is 
really what this debate is all about. This business about cures being 
around the corner, jeepers, I have said this, and nobody has refuted 
it, they don't have an animal model that shows that embryonic stem 
cells work and they are safe.
  Nobody has gotten an FDA approval to use human embryonic stem cells 
in a human trial. But we have each year 10, 15 or more clinical trials 
published in the literature showing adult stem cells and core blood 
stem cells work.
  This is a debate about whether or not we are going to have the 
imprimatur of the United States Government to say that certain forms of 
human life can be discarded.
  Ms. DeGETTE. Mr. Speaker, I yield myself the balance of my time.
  The SPEAKER pro tempore. The gentlewoman is recognized for 3 minutes.
  Ms. DeGETTE. Mr. Speaker, my colleagues, this is a sad day for 
America. But what is so sad is that our opponents would so distort the 
facts to stop research that would benefit so many. Many have talked 
today about the so-called snowflake babies, embryos which are donated 
to other couples. I don't oppose that. I think that is great.
  But right now couples undergoing IVF treatment have three options for 
the spare embryos that are necessarily created. They can freeze them 
for future use by themselves. They can donate them to other couples, as 
several hundred have done, or they can say that the embryos that are 
left over should be destroyed as medical waste, and tens of thousands 
of those embryos have been destroyed.
  All we say today, give those couples a fourth choice. Let those 
embryos that would thrown away as medical waste be donated for ethical 
embryonic stem cell research. The opponents of this bill also continue 
to claim that adult stem cell and core blood cells are just as good as 
embryonic stem cells. Shame on them. This is a bald lie.
  Harold Varmus, the former director of the NIH, said just this week, 
compared to adult stem cells, embryonic stem cells have a much greater 
potential according to all existing scientific literature. Let's not 
distort the facts just for a political argument.
  This Congress has been politicizing science in a way that the 
American public disagrees with. Earlier this year, we tried to assert 
our jurisdiction over end-of-life decisions with the terrible vote that 
we took in the Terry Schiavo case. Now, today, we are trying to stop 
ethical scientific research that could help tens of millions of people.
  Many on the other side say, well, the taxpayers shouldn't fund this 
research. Excuse me, I thought we had a national consensus, 72 percent 
of Americans agree with this precept, people who are Democrats, 
Republicans, independents, prolife, prochoice. I don't know who decided 
that they were God and that Congress could not fund this research, 
because their religious thinking trumps the national consensus.
  A majority of my constituents don't think we should fund the war. 
Does that mean we shouldn't fund the war? Of course not.
  We need this ethical research. We need it for our colleague, Jim 
Langevin, so he can walk again. We need it for our colleague, Lane 
Evans, whose Parkinson's has made him so sick that he cannot be here 
today to vote to override this bill.
  Let's give hope to millions of Americans. Let's give hope for ethical 
research. Let us override this veto.
  Mr. BOEHNER. Mr. Speaker, I yield to the gentleman from Pennsylvania 
(Mr. Murphy) for a unanimous-consent request.
  Mr. MURPHY. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of sustaining the President's veto. 
This is not a vote for or against stem cell research. Many U.S. 
companies and universities are engaged in a great deal of embryonic 
stem cell research.
  In fact, the President and the U.S. Congress have supported this 
research with over $90 million for embryonic stem cell lines derived 
from embryos that had already been destroyed with more than 700 
shipments to researchers since 2001.
  The question is whether to use federal money or U.S. taxpayer dollars 
to destroy human embryos for research?
  The research bears out that several types of stem cell research have 
been successful. These are adult stem cells and umbilical cord blood 
stem cells.
  However, no research has shown embryonic stem cell research to be 
fruitful. A year ago when we debated this issue, a study at Seoul 
National University in Korea was brought up as an example of success to 
create the world's first embryonic stem cells from a cloned human 
embryo. Since then, we've learned that study was filled with erroneous 
data. The DNA studies on the two preserved stem cells did not match 
those from the published study and were not cloned human embryonic stem 
cells.
  But, beyond this, we must keep in mind how we use human life and 
think about where we should draw the line.
  Those who support destroying embryos for this research have stated 
these will be embryos that will be discarded. This is not true.
  Many parents would love to adopt these embryos and raise these 
children as their own. According to the non-partisan RAND Corporation 
the ``vast majority'' or 88 percent of the 400,000 embryos that have 
been frozen since the late 1970s are not going to be discarded but are 
held for family building and not for medical research. In fact, over 21 
families who visited the White House last year adopted these embryos in 
order to fulfill their own dreams of having a family.
  Even to refer to these embryos as ones that are unwanted and will be 
destroyed raises the ultimate question: where do we and where will we 
draw the line?
  If we say a human embryo is unwanted and discardable, we head down 
the road of asking ``what next?''

[[Page 15107]]

  Do we view seriously disabled newborns as unwanted? Will it be 
acceptable to discard them?
  This is a road down which we cannot afford to turn.
  The research does not support it, morality does not condone it. U.S. 
taxpayer dollars must not support destroying a life to save a life.
  Mr. BOEHNER. Mr. Chairman, I yield to the gentleman from Texas (Mr. 
Barton), the chairman of the Energy and Commerce Committee, for a 
unanimous-consent request.
  Mr. BARTON of Texas. Mr. Speaker, as a 22-year Congressman with a 100 
percent prolife voting record, minus two votes, I rise in opposition of 
the Presidential veto and support the effort to override it.
  Mr. Speaker, today, I rise in support of H.R. 810 and overriding the 
President's earlier veto of this legislation. H.R. 810 would expand the 
number of sources of embryonic stem cell lines that may be used in 
federally funded scientific research. The bill would allow the limited 
use of human embryonic stem cells that are derived from embryos that 
would otherwise be discarded from fertility clinics.
  This is not an issue where everyone agrees. There are deeply held 
views on both sides of the difficult question before us, and I want to 
emphasize that every one of my colleagues should vote in accordance 
with their own conscience. I support the bill, and I want to say why.
  Stem cells are cells that can differentiate into many different kinds 
of cells used in the body. They can come from several sources, such as 
adult stem cells, but many scientists believe that the most potential 
for productive research lies in embryonic stem cells, which could have 
the capacity to differentiate into any cell in the body. If researchers 
can find such a perfect stem cell that can differentiate into any other 
cell type, we may be able to unlock the cures to hundreds of diseases 
that afflict us today.
  This is more than a sterile, academic matter to me. Diseases like 
Parkinson's, diabetes, cancer, heart disease, have stricken millions of 
Americans and continue to take a heavy toll on all of us. I can tell 
you that it is a living nightmare to watch a loved one suffer from a 
terrible illness and know that there is nothing that you can do but be 
by their side. That was the experience I had when my father died of 
complications of diabetes at the age of 71. It was also the experience 
I had when my younger brother, Jon Kevin Barton, died of liver cancer 
at the age of 44.
  When my brother was diagnosed, we tried everything. They found his 
liver cancer when he was just 41 years old. He and his wife, Jennifer, 
had two children, Jack and Jace. He was a state district judge in 
Texas. After they told Jon he had liver cancer, we did everything we 
could, and, in fact, his cancer went into remission for a year. But it 
came back, and Jon died just three months short of his 44th birthday. 
That was 6 years ago. Every time I see Jace and Jack and their Mom, I 
think of Jon and wonder if stem cell research could have allowed him to 
be alive today.
  I do not know for sure, but my heart tells me that stem cell research 
might have led to treatments that could have helped my brother and my 
father. We cannot be certain, but maybe the answers for finding cures 
for many of the diseases that afflict us lie in stem cell research. 
Many scientists believe that once we can identify a perfect, 
undifferentiated stem cell line, it will lead to significant scientific 
breakthroughs and the discovery of cures for many diseases.
  It is the hope of a cure for people suffering today and their 
families that led me to decide to support this legislation. I believe 
hope is what led President Bush to take the steps he did in August, 
2001, when he permitted for the first time Federal taxpayer dollars to 
be spent on embryonic stem cell research. He recognized the profound 
benefits that were possible through embryonic research, and he wanted 
to let the research go forward in a way that respected life and the 
moral and ethical views of millions of Americans. The President's 
decision struck a delicate balance between respecting the life of human 
embryos and giving hope to the American families who are enduring the 
suffering and loss of debilitating diseases like diabetes and cancer.
  But when the President made his announcement in 2001, it was believed 
that there were at least 60 viable lines of stem cells that could be 
used for this research. For a variety of reasons, this has turned out 
not to be the case; not all of these potential lines are now available 
for research. Currently, there are approximately 22 lines of embryonic 
stem cells that are available for federally funded research. None of 
those lines that are currently allowed for Federal research purposes 
have been shown to have that breakthrough stem cell--the one cell that 
can differentiate into all 220 cell types in the body.
  The President's initial decision reflects the difficulty of this 
issue. However, when new facts arise on the one hand that tell us the 
embryonic stem cell lines already used for federal research do not hold 
the promise we once thought, it should require us to reevaluate that 
initial decision in light of the facts.
  I continue to support the expansion of cord blood and bone marrow 
stem cell research, and perhaps the breakthrough we are all hoping for 
will come from adult stem cells. But at this point, we cannot know for 
sure where the breakthrough will come from, and it is my belief that we 
need to keep all of our options open while continuing to go forward in 
a moral and ethical way.
  I fully understand that there are people of good conscience that will 
disagree with me. I completely respect their views and differences of 
opinion. Like many on the other side of this legislation, I am also 
strongly pro-life. For over two decades in the United States Congress, 
I have had a strong pro-life voting record. I remain pro-life, but for 
the reasons I have given, I intend to vote in favor of this 
legislation.
  As my colleagues continue to debate the merits of this bill, I only 
ask that we try to respect one another's various points of view and 
that no one is ridiculed for their beliefs on either side of this 
complex and difficult issue.
  Mr. BOEHNER. Mr. Speaker, I yield myself the balance of my time.
  My colleagues, we have had a very good debate. This is an issue that 
has been very divisive in this House for the last year or so, and the 
President has made his position very clear.
  But let me make the position very clear that embryonic research with 
regard to stem cells is occurring and is going to continue to occur. 
The issue here is whether Federal funds, taxpayer dollars ought to be 
used to destroy human life in the search for cures for other diseases. 
That is what the issue is, pure and simple. We all know that this 
research is going to continue in the private sector with private 
moneys.
  But the debate that we have had is whether it is appropriate to take 
taxpayer funds to destroy human life to find embryonic stem cells. I 
believe that my colleagues, enough of my colleagues will stand up today 
to sustain the President's veto.
  With that, Mr. Speaker, I ask my colleagues, to vote ``no'' on 
overriding the President's veto.
  Mr. SCHIFF. Mr. Speaker, it is a momentous event when a president 
vetoes a bill. It is a pronouncement that the lawmaking body of our 
federal government is in error and that the difficult lawmaking process 
has produced legislation not worthy of enactment. For the Stem Cell 
Research Enhancement Act of 2005, nothing could be further from the 
truth. I was proud to have voted for H.R. 810 when it first came to the 
House Floor for a vote in May 2005, and I am proud today to vote to 
override the President's veto--the first veto of his Administration.
  A broad spectrum of lawmakers from both parties and all regions of 
the country recognize the extraordinary opportunity that stem cell 
research presents to treat and cure tragic diseases afflicting millions 
of Americans. Some of these potential treatments were only dreamt about 
a generation ago. Alzheimer's, paralysis, Parkinson's, diabetes--the 
list of possible applications for stem cell research goes on and on. 
For some of the victims of these diseases, stem cell research provides 
the only present hope for a cure. To use the President's first and only 
veto to effectively deny these citizens of their best hope is as tragic 
as it is wrongheaded. H.R. 810 carefully ensures that this research is 
conducted in a manner consistent with the highest ethical standards.
  There have been numerous times in history when a chief executive has 
denied the progress of science. We mark these times as setbacks for 
humanity, and we also recognize that in many cases, progress was only 
delayed, not curtailed. Despite the setback of this veto, the struggle 
will continue--both the struggle for Americans seeking to overcome 
disability and disease, and the struggle to support the scientific 
community in its quest to find the effective cures and treatments. I am 
confident that the American people will not allow this veto to forever 
impede the progress of science.
  Mr. DINGELL. Mr. Speaker, I support H.R. 810, the ``Stem Cell 
Research and Enhancement Act'', and urge my colleagues to reject 
President Bush's regrettable veto.
  We are here to decide once again whether our Nation will move forward 
in the search for

[[Page 15108]]

treatments and therapies that will cure a multitude of dreaded diseases 
that afflict an estimated 128 million Americans. These diseases include 
Alzheimer's disease, Parkinson's disease, spinal cord injuries or 
spinal dysfunction, and diabetes. Embryonic stem cell research holds 
the potential for treating these diseases, and many more.
  H.R. 810 is a sensible and targeted path forward. It would impose 
strict ethical guidelines for embryonic stem cell research and would 
lift the arbitrary restriction limiting funds to only some embryonic 
stem cell lines created before August 10, 2001. By removing this 
arbitrary restriction, H.R. 810 will ensure that researchers can not 
only continue their work to prolong or save lives, but also conduct 
such research using newer, less contaminated, more diverse, and more 
numerous embryonic stem cells.
  H.R. 810 does not allow Federal funding for the creation or 
destruction of embryos. This bill only allows for research on embryonic 
stem cell lines retrieved from embryos created for reproductive 
purposes that would otherwise be discarded. This point is critical: if 
these embryos are not used for stem cell research, they will be 
destroyed.
  President Bush's rejection of this narrow and commonsense measure 
should be overridden by the people's House.
  Mr. BLUMENAUER. Mr. Speaker, every American has a very personal stake 
in today's discussion on stem cell research. Everyone knows people who 
would benefit from breakthrough research using stem cells. Indeed, with 
a hundred million Americans at risk from a variety of diseases ranging 
from Lou Gehrig's disease, to Alzheimer's, to Parkinson's, to cancer, 
to juvenile diabetes, it's almost impossible to not know somebody who 
could potentially be helped by stem cell research. For me, the most 
important beneficiaries are our children and grandchildren who have not 
yet shown any symptoms, but who may fall victim to one of these 
devastating diseases.
  H.R. 810 is an opportunity for Congress to clarify the issues and 
exert leadership in a way that the federal government has in the past. 
Instead the President vetoed the bill after having passed through the 
House and Senate. This administration is out of touch with the 70% of 
the American public who supports stem cell research. We have inadequate 
access to stem cell lines for research purposes and we are putting 
forth neither money nor encouragement while we construct artificial 
boundaries. These misguided policies by the administration will not 
stop progress from stem cell research, but will delay the day we have 
these very important therapies to transform people's lives. Americans 
are losing ground on this vital research to other countries while 
relinquishing leadership to the states here in our country.
  Stem cell research is not about cloning a human being or creating 
embryos for research purposes. We can maintain prohibitions against 
cloning of humans while supplying stem cells in an ethical manner from 
400,000 embryos already accessible that will otherwise be destroyed.
  Every American needs to watch this closely. The stakes in this debate 
are high both for the potential benefit to the physical condition of 
all humankind, as well as the establishment of the boundaries between 
public policy and personal theology.
  For me the choice is clear. American families deserve an opportunity 
for embryonic stem cell research to be conducted in a reasonable, 
controlled manner, to hasten the day of vital life-saving, life-
enriching therapy.
  Mr. WEXLER. Mr. Speaker, I am outraged that President Bush has single 
handedly stifled the advancement of medical research that could provide 
cures for millions of Americans who are suffering needlessly from a 
wide range of debilitating diseases. President Bush's decision to use 
his veto power for the first time in his Presidency on this historic 
piece of legislation is unconscionable and a misguided attempt to 
pander to the extreme base in his party. The tireless efforts made by 
the scientific community, stem cell advocates and supportive Members of 
Congress finally came to fruition when this body passed the Stem Cell 
Research Enhancement Act (H.R. 810). This legislation, supported by a 
majority of Americans, expands the embryonic stem cell lines available 
for conducting research and allows the federal government to fund this 
type of undertaking.
  Stem cell research (including embryonic stem cell research) offers 
incredible hope to the sufferers of diseases like Parkinson's, 
Alzheimer's, multiple sclerosis, cancer and diabetes. Embryonic stem 
cells are derived from donated embryos that are not used during the 
process of in-vitro fertilization and would otherwise be discarded. 
Many scientists believe that embryonic stem cells have greater 
potential than adult stem cells because they can differentiate into any 
specialized cell in the body. Additionally, they can be administered to 
patients without fear of rejection or the need for expensive 
immunosuppressive drugs.
  Unfortunately, in one fell swoop, President Bush has preemptively 
thwarted medical progress, destroying the hope of millions of Americans 
desperately waiting for a cure. Medical science is at a crossroads with 
incredible potential to save and improve the lives of chronic and fatal 
disease sufferers. At this time, our government should be doing 
everything possible to advance and explore all avenues of medical 
research. With polls showing 60 percent of the country supporting 
embryonic stem cell research, it is indefensible that President Bush 
chose to ignore the will of the American people by striking down this 
monumental measure.
  Ms. KILPATRICK of Michigan. Mr. Speaker, I rise today to support the 
veto override of H.R. 810, the Stem Cell Research Enhancement Act. This 
bipartisan legislation would expand Federal funding for embryonic stem 
cell research.
  The House approved this bill last year and it won U.S. Senate 
approval yesterday. However, despite the measure passing both chambers 
of Congress, the President has vetoed the legislation, the first of his 
presidency. I am disappointed the President chose this bill to be his 
first veto.
  The American Medical Association and 92 other organizations, 
including scientists and researchers support H.R. 810. Federal funding 
would enable further research to examine many new lines of stem cells--
increasing the potential for cures. Each year 8,000 to 10,000 embryos 
created for in-vitro fertilization are destroyed. H.R. 810 would allow 
Federally funded research of stem cells, which scientists believe can 
yield cures for diseases and injuries, to be harvested from surplus 
frozen embryos that are stored at fertility clinics and slated for 
destruction.
  Human embryonic stem cells are prized because they can replicate 
themselves and become almost any type of human tissue. We all know 
someone who can benefit from the research. Science should prevail over 
politics.
  President Bush's veto is standing in the way of hope and progress in 
curing many diseases such as diabetes, Parkinson's disease, Alzheimer's 
disease, Lou Gehrig's disease, some cancers, and spinal cord injuries. 
This veto has ignored our country's healthcare needs and has slowed the 
potential to eradicate life threatening and chronic diseases.
  The President did not make the right choice. This critical life 
saving bill is greatly needed. I urge my colleagues to support the veto 
override and reaffirm Congress's support of life saving medical 
research.
  Mr. RAMSTAD. Mr. Speaker, President Bush unfortunately vetoed funding 
for life-saving research on stem cells from donated, surplus embryos 
because he maintains it's wrong to ``promote science which destroys 
life in order to save life.''
  As the leading pro-life legislator in Washington, Sen. Orrin Hatch 
put it, ``Since when does human life begin in a petri dish in a 
refrigerator?''
  To reduce this issue to an abortion issue is a horrible injustice to 
100 million Americans suffering the ravages of diabetes, spinal cord 
paralysis, heart disease, Parkinson's and Alzheimer's disease, cancer, 
multiple sclerosis, Lou Gehrig's disease and other fatal, debilitating 
diseases.
  I've met with medical researchers from the University of Minnesota 
Stem Cell Institute, the Mayo Clinic, the National Institutes of Health 
and Johns Hopkins University.
  As one prominent researcher told me, ``The real irony of the 
President's policy is that at least 400,000 surplus frozen embryos 
could be used to produce stem cells for research to save lives. 
Instead, these surplus embryos are being thrown into the garbage and 
treated as medical waste.''
  Only 22 of the 78 stem cell lines approved by the President in 2001 
remain today. This limit on research has stunted progress on finding 
cures for a number of debilitating and fatal diseases according to 
scientists and patient advocacy groups.
  Mr. Speaker, the scientific evidence is overwhelming that embryonic 
stem cells have great potential to regenerate specific types of human 
tissues, offering hope for millions of Americans suffering from 
debilitating diseases.
  Mr. Speaker, it's too late for my beloved mother who was totally 
debilitated by Alzheimer's disease which led to her death. It's too 
late for my cousin who died a cruel, tragic death from diabetes in his 
20s.
  But it's not too late for 100 million other American people counting 
on us to support funding for life-saving research on stem cells derived 
from donated surplus embryos created through in vitro fertilization.

[[Page 15109]]

  Let's not turn our backs on these people. Let's not take away their 
hope. Let's make it clear that abortion politics should not determine 
this critical medical research.
  Embryonic stem cell research will prolong life, improve life and give 
hope for life to millions of people.
  I urge members to override the President's veto of funding for life-
saving and life-enhancing embryonic stem cell research.
  Mr. LEVIN. Mr. Speaker, this institution is often called the people's 
House and today I ask my colleagues to stand in the shoes of the 
millions of people dealing with incurable or debilitating diseases. 
Diseases such as juvenile diabetes, Parkinson's, Alzheimer's, multiple 
sclerosis, or cancer. Diseases that impact them every day . . . their 
plans for the future.
  Let us stand with them today and vote to override the President's 
veto of the medical research that holds the potential to find a 
treatment to improve their lives, or, over time, a cure.
  The U.S. House has approved this legislation. The Senate has approved 
this legislation. The reason the American people--72 percent of them in 
public surveys--support the Federal Government proceeding with this 
legislation is because in virtually every family there is a life 
experience with the need for medical breakthroughs.
  We can never guarantee the results of scientific research, but 
without it we guarantee there can be no results.
  The President's stem cell policy is not working. Of the 78 existing 
stem cell lines permitted for use in federally funded research, only 22 
of these lines are currently used for research, and many have raised 
concerns that these lines are genetically unstable, contaminated, and 
harder to work with than newer lines. Research is practically at a 
standstill in this country.
  The Stem Cell Research Enhancement Act is a well-crafted, bipartisan 
approach. It is opposed with false arguments that divide Americans when 
what is involved is an expansion of research on embryonic stem cell 
lines derived from surplus embryos that were originally created for 
fertility treatments purposes, are in excess of clinical need and would 
otherwise be discarded, and have been donated by the individuals 
seeking fertility treatment through written consent and without any 
financial involvement.
  Let us override the President's veto and take these vitals steps to 
tap into the promise of research that has the potential to change the 
face of modern medicine as we know it today. That is a human value that 
should not be undermined by the people's representatives.
  Mr. MORAN of Virginia. Mr. Speaker, last year, I was proud to 
cosponsor and vote in favor of the Stem Cell Research Enhancement Act, 
which will expand the Federal policy and implement stricter ethical 
guidelines for this research.
  Embryonic stem cell research is necessary to discover the causes of a 
myriad of genetic diseases, to test new drug therapies more efficiently 
on laboratory tissue instead of human volunteers, and to staving off 
the ravages of disease with the regeneration of our bodies' essential 
organs.
  President George W. Bush's policy on stem cell research limits 
Federal funding only to embryonic stem cell lines that were derived by 
August 9, 2001, the date of his policy announcement.
  Of the 78 stem cell lines promised by President Bush, only 22 are 
available to researchers.
  Unfortunately these stem cell lines are aged and contaminated with 
mouse feeder cells, making their therapeutic use for humans uncertain. 
According to the majority of scientists, if these stem cell lines were 
transplanted into people, they would provoke dangerous viruses in 
humans.
  What is even more disturbing is the fact that there are at least 125 
new stem cell lines, which are more pristine than the lines currently 
available on the National Institutes of Health registry, and which are 
ineligible for Federally-funded research because they were derived 
after August 9, 2001.
  This restrictive embryonic stem cell research policy is making it 
increasingly more difficult to attract new scientists to this area of 
research because of concerns that funding restrictions will keep this 
research from being successful.
  The Stem Cell Research Enhancement Act, which passed the House on May 
25, 2005, simply seeks to lift the cutoff date for lines available for 
research.
  H.R. 810 will also strengthen the ethical standards guiding the 
Federal research on stem cell lines and will ensure that embryos 
donated for stem cell research were created for the purposes of in 
vitro fertilization, were in excess of clinical need, would have 
otherwise been discarded and involved no financial inducement.
  Contrary to what opponents have been saying, the Stem Cell Research 
Enhancement Act will not Federally fund the destruction of embryos.
  This measure makes it clear that unused embryos will be used for 
embryonic stem cell research only by decision of the donor. No 
Federally-funded research will be supported by this measure on any 
embryos that had been created solely for research purposes.
  In February 2005, the Civil Society Institute conducted a nationwide 
survey of 1,022 adults and found that 70 percent supported bipartisan 
federal legislation to promote embryonic stem cell research.
  Let public interest triumph over ideological special interests. 
Public interest is best served when the medical and the scientific 
community is free to exercise its professional judgment in extending 
and enhancing human life.
  I urge the Senate to pass the Stem Cell Research Enhancement Act with 
overwhelming support, and for President Bush to sign it into law when 
it reaches his desk.
  Mr. STEARNS. Mr. Speaker, the argument that embryonic stem cell 
research can contribute to life-saving research is emotionally 
persuasive, but it is never justifiable to deliberately end one life, 
even to save others. There are alternative sources of stem cells 
without engaging in research that purposefully takes a life. We debated 
an alternative stem cell bill on this floor yesterday, and it is 
unfortunate it did not get the support of those Members here today 
crying aloud how we are denying vital lifesaving research.
  Furthermore, we are already funding such research. In 2001, President 
Bush announced federal funding for the embryonic stem cell lines that 
had already been created. There are 78 of these approved lines and only 
22 of them are currently being used in federally funded research. These 
lines are so useful that they are used in 85 percent of the published 
embryonic stem cell studies in the world.
  In fact, President Bush's policy is generous. In 2005 NIH spent $38 
million, up $13 million from 2004. Most importantly, the current ban on 
embryonic research does not prevent private funding for embryonic stem 
cell research. Microsoft Chairman Bill Gates and Newport Beach bond 
trader Bill Gross are among several private donors who have provided 
millions of dollars toward embryonic stem cell research.
  Proponents also claim that the U.S. is lagging behind the rest of the 
world in embryonic stem cell research and that increased federal 
funding would close the gap. The fact is the United States leads the 
world in embryonic stem cell research. A recent Nature Journal 
publication states that U.S. scientists contributed 46 percent of all 
stem cell publications since 1998. Germany comes far second 
representing 10 percent of studies, and the remaining 44 percent derive 
from between 16 other countries.
  It is unnecessary and morally offensive to use taxpayer money to 
expand embryonic stem cell research. I urge my colleagues to join me in 
supporting President Bush's veto.
  Ms. McCOLLUM of Minnesota. Mr. Speaker, I rise today in strong 
support of this effort to override the President's veto of H.R. 810, 
the Stem Cell Research Enhancement Act. I am proud to be a cosponsor of 
this important legislation, which expands stem cell research and 
ensures that the federal government can implement ethical guidelines.
  This bill will provide hope and opportunity for millions of Americans 
suffering from chronic and life threatening health conditions. This 
legislation will also ensure that the federal government can implement 
ethical guidelines over federally-funded research, which will help to 
set high standards for all research. To be clear, H.R. 810 only allows 
federal funding for embryonic stem cell research in cases where the 
cells were created for fertility treatment and will otherwise be 
discarded.
  The expansion of funding to stem cell research has the power to make 
a real difference in the lives of Americans. Stem cells offer 
remarkable potential contributions to medical science and improve the 
lives of millions of people who suffer from incurable diseases such as 
juvenile diabetes, Alzheimer's, Parkinson's, AIDS, and spinal cord 
injuries. It may also help us to understand abnormal cell growth that 
occurs in cancer, as well as change the way we develop drugs and test 
them for safety and potential efficacy.
  It is imperative that we move our health care policy in a new 
direction and support efforts to improve the quality of life. This 
research is supported by 72 percent of Americans and the majority of 
the Congress. H.R. 810 is supported by over 200 patient groups, 
universities, and scientific societies, and has been endorsed by more 
than 75 national and local newspapers and 80 Nobel Laureates.

[[Page 15110]]

  For President Bush to use his first veto to ignore this overwhelming 
support for stem cell research and at the same time extinguish the 
hopes of millions for cures to chronic and dangerous diseases is an 
outrage. This veto has made it clear that President Bush has chosen 
radical ideology over American lives. I urge my colleagues to join me 
in voting to override this misguided veto.
  Mr. VAN HOLLEN. Mr. Speaker, I rise in strong support of overriding 
the President's veto of the Stem Cell Research Enhancement Act of 2005.
  I am extremely disappointed that the President exercised his first 
veto on a piece of bipartisan legislation that will provide countless 
number of Americans hope of finding cures for many life-threatening 
diseases. This Congress has passed many pieces of irresponsible 
legislation that benefit narrow special interests at the expense of the 
public good. The President did not veto any of those bills. Now the 
Congress has finally passed a bipartisan bill that will help find cures 
to diseases that strike virtually every American family. Yet the 
President has chosen to veto this landmark bill. In doing so, the 
President is playing to the extreme right of his own political party. 
Shame on the President for putting politics over the health of the 
American people.
  We should allow the expansion of federally supported research of 
human embryonic stem cell lines. The Stem Cell Research Enhancement Act 
of 2005 would provide federal funding for a wider range of stem cell 
research while establishing ethical guidelines. The bill also provides 
that embryos that are otherwise likely to be discarded can be used to 
develop treatments for debilitating diseases and life-saving cures.
  I believe stem cell research holds the promise of scientific 
breakthroughs that could improve the lives of millions of Americans 
afflicted with a debilitating disease--such as Parkinson's, diabetes, 
spinal cord injuries, autoimmune diseases, cardiovascular disease, and 
cancer--for which there is currently no cure. While it is too late for 
those who have passed from these terrible diseases, it still not too 
late for the millions of other Americans hoping that the Congress will 
override the President's veto and support federally funded research of 
this potentially life-saving resource. For these patients and their 
families, stem cell research is the last hope for a cure.
  Mr. Speaker, this is an issue that affects every family in America. I 
strongly urge my House colleagues to vote to override the President's 
veto on this bipartisan legislation.
  Ms. MATSUI. Mr. Speaker, ethical, embryonic stem cell research is a 
reality. The federal government has two options. We can engage, by 
participating in the research and influencing the ethical debate within 
the global community. Or, we ignore the issue and let others lead.
  America is the world leader in medical research and development. We 
cannot cede this ground.
  That is why we must be unyielding in our support for the embryonic 
stem cell research made possible under H.R. 810. And why I would 
caution my colleagues against accepting any of the weak alternatives 
being debated.
  Mr. Speaker, one of the great equalizers is disease. It ignores age, 
income and education level. Embryonic stem cell research has the 
potential to cure and maybe even prevent many debilitating conditions 
affecting the old and the young, the rich and the poor. Like Diabetes. 
Parkinson's disease. Alzheimer's. Spinal cord damage. And maybe even 
bone marrow failure. Families from all walks of life have first-hand 
experience with these tragedies.
  Make no mistake, these potential breakthroughs lie at the end of a 
long and difficult road. But the research community is committed to 
this task. Just last week in my hometown of Sacramento, the UC Davis 
Medical Center hired a top national expert in regenerative medicine to 
direct the Center's new stem cell research facility.
  But every stem cell researcher agrees that this research must use 
embryonic stem cells. These are the only cells with the flexibility and 
the potential to fix spinal cord injuries, or cure diabetes. And using 
the unused embryos from in vitro fertilization clinics gives us an 
ethical way to obtain them.
  Mr. Speaker, it is true that this is a debate about what science 
tells about stem cell research. And equally, it is about the ethical 
constraints our democracy rightly agrees to impose on that science. But 
there is broad consensus on these two points. That consensus is 
enshrined in H.R. 810.
  So the federal government must decide whether it will lend its 
tremendous weight to embryonic stem cell research. Or whether it will 
simply remain on the sidelines, pretending that ethical solutions don't 
exist.
  Earlier today, President Bush chose the sidelines. He chose to ignore 
the issue and allow others to lead. Worse still, he is stifling the 
hopes of millions of Americans.
  And fundamentally, this is a debate about hope. Hope is the light 
that keeps us going through a dark and torturous tunnel.
  I urge my colleagues to think very hard before denying that hope to 
millions of people across America by supporting anything less than 
federally-funded embryonic stem cell research. I hope my colleagues 
will vote to override the President's veto. It is time to go in a new 
direction.
  Mr. STUPAK. Mr. Speaker, This debate on H.R. 810, the Stem Cell 
Research Enhancement Act, is really one of the most fundamentally 
important debates that this body can undertake.
  H.R. 810 addresses the most basic, essential ethical issues--life, 
when does it begin, and when should life, including human embryos, be 
open to experimentation and scientific research.
  It is society's ethical obligation to draw boundaries around the 
possibilities of science. I believe we must draw a boundary that says 
``no'' to embryonic stem cell research that requires the killing of 
embryos that if left to grow would become children. Children who would 
grow up to become police officers, factory workers, soldiers, 
government employees, lawyers, doctors, and scientists.
  I believe that embryos, as life, should be treated with as much 
respect as you and I, and I reject the view that embryos are mere 
medical waste, as some have suggested.
  Where do we draw the line as a Nation, and say, we will not cross 
that line? These proponents of H.R. 810 would not have us draw a line. 
This legislation leaves too many questions unanswered.
  When do embryos become human life? After 40 hours? After 2 days? H.R. 
810 is silent on when embryos become human life--it doesn't specify how 
long these embryos are allowed to grow before they are killed--2 days, 
5 days, 14 days, or more!
  Proponents of H.R. 810 will claim that their legislation will address 
the ``ethical manner'' in which this research will be conducted, yet 
their legislation is silent on the ethics, other than a subsection that 
directs the secretary to create guidelines in 60 days or less.
  As elected leaders, we should set basic guidelines, not leave the 
guidelines to an unelected and unnamed administration official.
  This legislation is unethical and unnecessary. Human embryonic stem 
cell research is completely legal today in the private sector and 
eligible for state funding in several states, including California and 
New Jersey. Since August 2001, over 128 stem cell lines have been 
created.
  Furthermore, human embryonic stem cell research is funded by the 
federal government today. The National Institutes of Health (NIH) spent 
an estimated $38 million on Embryonic Stem Cell research in Fiscal Year 
2006. 22 human embryonic stem cell lines are currently receiving 
federal funds. These lines are sufficient for basic research according 
to NIH director, Dr. Zerhouni.
  Finally, embryonic stem cell research remains unproven. Not a single 
therapy has been developed from embryonic stem cell research. Instead 
of cures, embryonic stem cell research has led to tumors and deaths in 
animal studies.
  While the promise of embryonic stem cells is questionable, adult stem 
cells are being used today to save lives. Recognizing this, the 
National Institutes of Health spent $568 million in Fiscal Year 2006 on 
adult stem cell research.
  Adult stem cells are being used today in clinical trials and in 
clinical practice to treat 72 diseases including, Parkinson's disease, 
spinal cord injury, juvenile diabetes, brain cancer, breast cancer, 
lymphoma, heart damage, rheumatoid arthritis, juvenile arthritis, 
stroke, and sickle cell anemia.
  Let me be clear, I am committed to funding ethical scientific 
research that will unlock the origins of diseases and develop cures 
that can help my constituents.
  But we cannot let science leap-frog our ethics, our morals, and our 
legal system.
  This is not a partisan issue, and it's bigger than a right to life 
issue.
  I urge Members to vote against H.R. 810 and sustain the President's 
veto.
  Mr. LEACH. Mr. Speaker, the possibility is real that embryonic stem-
cell research represents the greatest breakthrough in the history of 
science. It is, therefore, important that we understand the medical and 
moral issues at stake.
  In 1998, University of Wisconsin scientists for the first time 
isolated embryonic stem cells in a laboratory. These cells, 30 to 34 in 
number, are derived from a blastocyst, which is a group of 150 to 200 
cells smaller than the dot at the end of this sentence. A blastocyst, 
in

[[Page 15111]]

turn, is derived from a single cell known as a zygote, which comes into 
being after a sperm and an egg combine.
  Blastocysts have been created outside of the body in cell cultures 
for decades in fertility clinics. More than 400,000 are known to exist 
in frozen form. Thousands are discarded as medical waste and millions 
are eliminated naturally every year.
  The reason the scientific community is so excited about embryonic 
stem cells is that they are pluripotent. Unlike other stem cells, they 
are capable of continuously dividing and being coaxed into forming 
virtually any of several hundred types of body cells. Health research 
is conducted in stages--mice before people. At the moment, scientists 
are encouraged by the results they have obtained from the animal 
kingdom. Research on mice, pigs and monkeys is so promising that 
scientists can envision the possibility of creating ``cellular repair 
kits'' for the human body. If research is supported the regenerative 
power of embryonic stem cells may soon be harnessed to treat ailments 
as diverse as spinal-cord injury, diabetes, Alzheimer's, Parkinson's, 
multiple sclerosis and heart disease.
  Profound moral questions encompass embryonic stem-cell research. A 
blastocyst, which is subject to scientific engineering on a Petri dish, 
could, if implanted in a uterus, cause a life to form. ``Excess'' 
blastocysts also could be adopted. As the father of adopted children, I 
confess to personal enthusiasm for this option.
  Nevertheless, the ethical question must be addressed: Is it more 
moral to throw away as medical waste blastocysts that exceed demand for 
implanting, or to allow them to be used by scientists to extract 
therapies for saving life?
  More precisely, which is more pro-life: throwing a blastocyst away in 
a dumpster or placing it on a Petri dish to develop a remedy for heart 
disease?
  The question today is about science and its promise. Tomorrow, a 
different set of questions may have to be addressed. Could a mother 
deny a child dying of cancer access to embryonic stem-cell therapy? 
Could a son or daughter deny a parent suffering from Alzheimer's or 
Parkinson's disease access to such therapies? Is it not pro-life to 
save and prolong life?
  On most political issues compromise is possible. On ethics, it is not 
so easy. Indeed, uncompromising approaches to ethics are generally 
considered admirable. The problem comes when values, as in this case, 
are in conflict.
  Morality is about means as well as ends. For citizens who believe 
nothing is more important than to protect life at conception, embryonic 
stem-cell research may be intolerable. For citizens who believe that 
the prospect of meaningful life begins in a mother, not a Petri dish, 
the moral imperative of attending the sick and alleviating illness is 
compelling.
  When one group of Americans considers embryonic stem-cell research 
immoral and another finds it ethically problematic to refuse to seek 
credible cures for life-threatening disease, the public goal can never 
be full agreement. But it can be mutual respect.
  One approach which this legislation advances is the notion of 
authorizing federal support for stem cell research involving only those 
lines derived from blastocysts that would otherwise be thrown away and 
that were not initially created for the purpose of research.
  I recognized that for some even this restrained approach amounts to 
hubris, to man tampering with nature. But this is what modern science 
is about: Care, to be sure, must be taken, particularly at this stage 
of scientific development, not to attempt to clone human life or toy 
with human reproduction. But careful, moral exploration into disease 
control is morally defendable. Indeed, for many of us it would be 
morally derelect to turn our backs on our ailing parents and sick 
children.
  Hence, I am compelled to vote to override this veto.
  Ms. SCHAKOWSKY. Mr. Speaker, I stand today in strong support of a 
veto override for H.R. 810, the Stem Cell Research Enhancement Act. It 
is clear that a majority of Americans and a bipartisan majority in 
Congress strongly support embryonic stem cell research because it could 
prove to be critical for some 128 million Americans who suffer from 
juvenile diabetes, Parkinson's, Alzheimer's, cancer, heart disease, 
spinal cord injury, cerebral palsy, and other diseases.
  Stem cell research is essential for the future of medicine in 
America; one that should be allowed to transcend political lines so 
that critical gains can be made to save millions of human lives. One 
such life is that of my constituent, 24-year-old Bishoy Abo-Saif. In 
his letter to me, Bishoy described his daily struggle with cerebral 
palsy. He has been to Canada, the United Kingdom, Hungary, Poland and 
the Ukraine looking for alternative therapies for his disease. Nothing 
has worked. Even though he has accomplished academic goals, he still 
feels he is on the sidelines. As he stated to me, ``the wheelchair is 
always in the way.'' However, he said that, ``stem cell treatment is 
the only hope to overcome his condition.''
  Most scientists agree that embryonic stem cell research offers the 
greatest hope to people like Bishoy. America has always been on the 
cutting edge of new innovation and now we stand on the brink of 
groundbreaking medical advancements that would dramatically alter the 
lives of people such as Bishoy. We must not prohibit this promising 
research.
  But the opponents of this measure have put forward disingenuous 
arguments that fly in the face of widely accepted scientific research 
and proven potential. They wrongly portray the decision on funding for 
additional stem cell research as a choice between one life or another. 
In fact, we are choosing between disposing of embryonic stem cells or 
using those cells to save countless lives and advance life-saving 
science in previously unrealized ways. It is incomprehensible that 
anyone would allow politics and personal preference to trump hard facts 
and science. And, like the overwhelming majority of Americans, I am 
deeply disappointed and dismayed over President Bush's decision to 
issue his first veto on this bill, dashing the hopes so many families 
who are battling critical illnesses have pinned on the promising 
potential of stem cell research.
  President Bush acted to snuff out the hopes of millions of Americans 
only to please a small right-wing constituency which has politicized 
this medical issue. Once again, the Bush administration has put 
politics before science sadly taking hope and health away from 
countless families. We should not delay or deny the potentially 
lifesaving research offered by stem cell technology. Bishoy and 
millions of other Americans are counting on us. As Bishoy stated in his 
letter, ``our hopes and dreams are in your hands, please do not shatter 
them. Allow me and others to regain what we have lost.''
  I urge my colleagues to vote ``yes'' on the veto override to H.R. 
810.

                                               Park Ridge, IL,

                                                    July 17, 2006.
       Dear Congresswoman Schakowsky: My name is Bishoy Abo-Saif. 
     I am 24 years old. Currently I am studying for my Master's 
     degree in Social Work, at Dominican University, in River 
     Forest, Illinois. However, I feel that I live in two 
     completely different worlds. These two worlds could not be 
     further apart. Since birth I have had severe physical 
     limitations caused by a condition called Cerebral Palsy. I am 
     one of the lucky few who is not affected cognitively by this 
     devastating condition.
       I am writing to you today to implore you to support H.R. 
     810, for this piece of legislation is vital to millions of 
     people who are afflicted with my condition and other 
     neurological disorders. Since I was diagnosed, at 9 months of 
     age, my parents' mission was to help me lead a normal life. 
     Unfortunately, the many doctors we visited painted a very 
     bleak picture. A picture, which had no light at the end of 
     the tunnel. One doctor after the other kept telling my 
     parents that I would never walk. Cerebral Palsy is a 
     condition that affects people in different ways. It ranges 
     from severe to mild. Despite the years spent in physical and 
     occupational therapies, the progress is always minimal at 
     best, much to the dismay of the patients and their families.
       In our efforts to beat the odds, we kept looking for 
     alternative treatments outside the U.S. We went to Canada, 
     the United Kingdom, Hungary, Poland and Ukraine. The success 
     of these treatments was very limited. Many were not covered 
     by our insurance and the trips were arduous.
       To this end, H.R. 810 holds the key to unlock the chains 
     that trap me and others in my condition from experiencing 
     life as it should be experienced. Ever since I was a child, I 
     could not experience activities which other children take for 
     granted. I never knew how it feels like to run or jump, or 
     hit a ball.
       Even now despite the fact that I have accomplished academic 
     goals, I still feel that I am on the sidelines, so to speak. 
     The wheelchair is always in the way.
       Stem Cell treatment is the only hope to overcome this 
     condition. Doctors have made great strides with animal 
     experiments in the lab. It has been proven that Stem Cells 
     have the ability to regenerate the damaged cells in the 
     brain.
       Stem Cell treatment is the catalyst for great progress in 
     the field of medicine. It is the answer to many unsolved 
     medical conditions. This Congress has the opportunity to make 
     history by voting for H.R. 810, which will make a real 
     tangible difference in the lives of the millions for whom 
     Stem Cell treatment is the only answer. People will be able 
     to takes steps, regain function of their legs, hands, and 
     affected parts of the brain will regenerate. People will 
     become whole. Our hopes and dreams are in your hands; please 
     do not shatter them. Allow me and others to regain what we 
     have lost.

[[Page 15112]]

       H.R. 810 is an imperative piece of legislation which will 
     change my life and the lives of millions of other people like 
     me.
       Thank you.
           Yours truly,
                                                  Bishoy Abo-Saif.

  Ms. KILPATRICK of Michigan. Mr. Speaker, I rise today to support the 
veto override of H.R. 810, the Stem Cell Research Enhancement Act. This 
bipartisan legislation would expand Federal funding for embryonic stem 
cell research.
  The House approved this bill last year and it won U.S. Senate 
approval yesterday. However, despite the measure passing both Chambers 
of Congress, the President has vetoed the legislation, the first of his 
presidency. I am disappointed the President chose this bill to be his 
first veto.
  The American Medical Association and 92 other organizations, 
including scientists and researchers support H.R. 810. Federal funding 
would enable further research to examine many new lines of stem cells--
increasing the potential for cures. Each year 8,000 to 10,000 embryos 
created for in-vitro fertilization are destroyed. H.R. 810 would allow 
federally funded research of stem cells, which scientists believe can 
yield cures for diseases and injuries, to be harvested from surplus 
frozen embryos that are stored at fertility clinics and slated for 
destruction.
  Human embryonic stem cells are prized because they can replicate 
themselves and become almost any type of human tissue. We all know 
someone who can benefit from the research. Science should prevail over 
politics.
  President Bush's veto is standing in the way of hope and progress in 
curing many diseases such as diabetes, Parkinson's disease, Alzheimer's 
disease, Lou Gehrig's disease, some cancers, and spinal cord injuries. 
This veto has ignored our country's healthcare needs and has slowed the 
potential to eradicate life threatening and chronic diseases.
  The President did not make the right choice. This critical life-
saving bill is greatly needed. I urge my colleagues to support the veto 
override and reaffirm Congress' support of life-saving medical 
research.
  Mr. ROTHMAN. Mr. Speaker, I rise in support of H.R. 810, the Stem 
Cell Research Enhancement Act, and in support of overturning the 
President's veto of this legislation. Unfortunately, what should be a 
debate about promising new research and technology that could lead to 
cures and treatments for countless diseases and disorders has been 
overshadowed, yet again, by a debate about when life begins.
  These stem cells do not come from fetuses as some people mistakenly 
believe. They are blastocysts, 3- to 5-day-old embryos made up of so 
small a number of cells they can fit on a head of a pin. This 
legislation does not allow these embryos to be cloned or created for 
stem cell research. Therefore, there is no risk of rogue scientists 
performing illegal or unethical experiments.
  In addition, the authors of H.R. 810 have taken all precautions to 
ensure that safeguards are in place for the ethical use of embryonic 
stem cells. The only embryos permitted to be used under H.R. 810 are 
those that will come from in vitro fertilization, IVF, donors who no 
longer plan on using the embryos and who provide their written consent.
  Every year hundreds of thousands of leftover embryos from IVF are 
thrown away. Instead of tossing them in the trash, why shouldn't the 
owners of the embryos be able to give their consent to have these 
embryos used for research? We should not be denying their right to help 
save lives.
  Those of us who support embryonic stem cell research unfortunately 
will not be able to overturn the President's veto. We, however, must 
not give up. To all Americans who support saving lives, who want to 
cure diseases and disorders that are plaguing their loved ones, and who 
care about groundbreaking ethical health research, I ask you to take 
this issue to your elected Representative and tell them that you demand 
this legislation become law in the next Congress.
  Mrs. MALONEY. Mr. Speaker, today marked a true tragedy for the 
medical history of this country. For the first time in 5 years, this 
President chose to veto a bill that has the potential to save millions 
of lives and impact millions more.
  This veto will go down in history as a monumental step backward for 
medical research and a profound and significant disappointment for 
victims and their families. Hope was just a signature away and to 
millions of people in this country, this President could have become a 
hero simply by signing H.R. 810, the Stem Cell Research Enhancement 
Act, into law. Instead, he chose to veto this bill and stall the 
advancement of science.
  In contrast, by signing S. 3504, the President gave cover to 
opponents of lifesaving science. I would hope that this President would 
give more credit to the American public. S. 3504 is a useless bill that 
does nothing for victims of ravaging diseases and instead rubs salt in 
the wound.
  Mr. Speaker, I stand here with many of my colleagues, pleading with 
the President to listen to 72 percent of Americans, the overwhelming 
majority of scientists, researchers, and even Nobel laureates who all 
recognize the promise that embryonic stem cell research holds.
  Right now, only 22 of the 78 stem cell lines approved by President 
Bush are left. Many of these lines have been contaminated and are no 
longer useful, but more than 400,000 frozen embryos exist in the United 
States. To be clear, these are embryos that were extracted for in vitro 
fertilization. Most of them will be discarded. If the President had 
signed H.R. 810, they would have instead been used to save human lives. 
With further research, these cells may be used as ``replacement'' cells 
and tissues to treat many diseases including Parkinson's disease, 
Alzheimer's disease, diabetes, AIDS, Lou Gehrig's disease and others.
  Mr. Speaker, as a founder and current co-chair of the Working Group 
on Parkinson's Disease and as someone who lost my father to Parkinson's 
disease, I know firsthand just how important this legislation is and 
how important it is to open up the stem cell lines. I cannot be more 
clear: This bill is about saving lives and preventing devastating 
diseases from ravaging and ending people's lives.
  In vetoing this legislation, this President has stalled science, 
ended hope, and reversed progress.
  I stand with a bipartisan majority of Congress to express my severe 
disappointment with the President's decision to veto this lifesaving 
legislation.
  Mr. WU. Mr. Speaker, I rise in support for H.R. 810, the Stem Cell 
Research Enhancement Act, and the override of the President's veto of 
this monumental commitment to historic scientific research.
  Yet again, the administration turned its back on science and chose 
politics.
  Embryonic stem cell research will go on, with or without the United 
States. Diabetes, Alzheimer's, Lou Gehrig's Disease will be cured, with 
or without the United States.
  The stem cells in an embryo are special tissue. We should not create 
them with the intent to terminate them later. But here, embryos were 
created with the intent to bring more children in to the world, and 
once a baby is born many fertilized eggs are not implanted. The only 
alternate fate for them now is disposal.
  Let us not waste potential human life, let us not waste these 
fertilized eggs by destroying them. Let us use them to save human lives 
through stem cell research.
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I rise today to express my 
extreme disappointment with the President's decision to use his veto 
power to reject the Congress's will to see H.R. 810, the Stem Cell 
Research Enhancement Act, become public law, and I stand in support of 
millions of Americans who will benefit from the promises of embryonic 
stem cell research. Each year, I meet several hundred, perhaps 
thousands, of constituents who share with me how Federal support of 
embryonic stem cell research could vastly change their lives. There are 
a few constituents in particular who stand out on this issue. Late last 
year, Maddie and Tommy Poulin, just 4 and 5 years old, traveled from 
Rhode Island to Washington. These two young children talked with me 
about what their life is like with Type I Diabetes. In a journal they 
left with me, Maddie included an entry that said, ``I really hope you 
can help us find a cure, we're not asking for a lot, we just want to 
live without needles.''
  Stem cell research also holds promise for those suffering from 
Parkinson's disease, like my good friend, and the distinguished Senator 
from Rhode Island, Claiborne Pell. Senator Pell's contributions to our 
country are too numerous to list, but I know his legacy is honored 
everyday when individuals are able to attend college with the 
assistance of a Pell Grant. He stood up for those without a voice for 
over 35 years, and now it is time for us to stand up for him.
  Sue Sgambato, a cancer survivor living in Rhode Island, visits my 
office regularly to advocate on behalf of patients in our State. Rhode 
Island has one of the highest rates of cancer in the Nation, and stem 
cell research may provide clues on how to beat this devastating 
disease. I cannot and will not stand by and let one more person be 
diagnosed with cancer, Alzheimer's, Lou Gehrig's disease, or multiple 
sclerosis without holding the President responsible for his action 
today.
  It is absolutely tragic that President Bush has used his very first 
and only veto on an issue of such importance to American families. 
Every family in America has a loved one who is suffering from a disease 
that could benefit from the advances of stem cell research. This

[[Page 15113]]

veto is only the latest action that President Bush has taken against 
medical research. He has also level funded the National Institutes of 
Health, and cut programs at the Centers for Disease Control and 
Prevention (CDC), limiting our Nation's ability to find better 
treatments and cures for diseases.
  President Bush had a choice today, and he chose politics over people. 
I want to assure my friends in Congress, as well as the people of the 
First District of Rhode Island, that today's veto is not the end to 
this debate, it is only the beginning. Congress has voted 
overwhelmingly in support of stem cell research, and this bill remains 
a top priority for a majority of elected officials. I promise that I 
will continue to do everything within my power to get this legislation 
back to the President's desk, and to get this language into our public 
law. We will be back, and we will succeed.
  Mr. BOEHNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered.
  There was no objection.
  The SPEAKER pro tempore. The question is, Will the House, on 
reconsideration, pass the bill, the objections of the President to the 
contrary notwithstanding?
  Under the Constitution, this vote must be by the yeas and nays.
  The vote was taken by electronic device, and there were--yeas 235, 
nays 193, not voting 5, as follows:

                             [Roll No. 388]

                               YEAS--235

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Barton (TX)
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bono
     Boren
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Calvert
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Coble
     Conyers
     Cooper
     Costa
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Dreier
     Edwards
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foley
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Gerlach
     Gibbons
     Gilchrest
     Gonzalez
     Gordon
     Granger
     Green, Al
     Green, Gene
     Grijalva
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kelly
     Kennedy (RI)
     Kilpatrick (MI)
     Kind
     Kirk
     Kolbe
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lofgren, Zoe
     Lowey
     Lynch
     Mack
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Platts
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Ramstad
     Rangel
     Regula
     Reichert
     Reyes
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Sweeney
     Tanner
     Tauscher
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn
     Young (AK)

                               NAYS--193

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Beauprez
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Chocola
     Cole (OK)
     Conaway
     Costello
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Duncan
     Ehlers
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kaptur
     Keller
     Kennedy (MN)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kuhl (NY)
     LaHood
     Latham
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Manzullo
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Oberstar
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Price (GA)
     Putnam
     Radanovich
     Rahall
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Stupak
     Sullivan
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walsh
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (FL)

                             NOT VOTING--5

     Evans
     Gutierrez
     Lewis (GA)
     McKinney
     Northup

                              {time}  1851

  Mr. SULLIVAN changed his vote from ``yea'' to ``nay.''
  Mr. SHERMAN and Mr. MORAN of Virginia changed their vote from ``nay'' 
to ``yea.''
  So, two-thirds not having voted in favor thereof, the veto of the 
President was sustained and the bill was rejected.
  The result of the vote was announced as above recorded.

                          ____________________




                          PERSONAL EXPLANATION

  Mr. GUTIERREZ. Mr. Speaker, on account of official business in my 
district, I missed votes in this Chamber today. I would like the Record 
to show that, had I been present, I would have voted ``yea'' on 
rollcall votes 384, 387, and 388. I would have voted ``no'' on rollcall 
votes 382, 383, 385, and 386.
  The SPEAKER pro tempore. The message and the bill are referred to the 
Committee on Energy and Commerce.
  The Clerk will notify the Senate of the action of the House.

                          ____________________




ANNOUNCEMENT OF INTENTION TO OFFER MOTION TO INSTRUCT CONFEREES ON H.R. 
                  2830, PENSION PROTECTION ACT OF 2005

  Mr. GEORGE MILLER of California. Mr. Speaker, under rule XXII, clause 
7(c), I hereby announce my intention to offer a motion to instruct on 
H.R. 2830, the pension conference report.
  The form of the motion is as follows:

       I move that the managers on the part of the House at the 
     conference on the disagreeing votes of the two Houses on the 
     Senate amendment to the bill H.R. 2830 be instructed--
       (1) to agree to the provisions contained in subsections (a) 
     through (d) of section 601 of the Senate amendment (relating 
     to prospective application of age discrimination, conversion, 
     and present value assumption rules with respect to cash 
     balance and other hybrid defined benefit plans) and not to 
     agree with the provisions contained in title VII of the bill 
     as passed the House (relating to benefit accrual standards); 
     and
       (2) to agree to the provisions contained in section 413 of 
     the Senate amendment (relating to computation of guaranteed 
     benefits of airline pilots required to separate from service 
     prior to attaining age 65), but only with respect to plan 
     terminations occurring on or after September 11, 2001.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on the motion to suspend the

[[Page 15114]]

rules on which a recorded vote or the yeas and nays are ordered, or on 
which the vote is objected to under clause 6 of rule XX.
  Any record vote on the postponed question will be taken tomorrow. The 
postponed vote on H. Con. Res. 448 will also be taken tomorrow.

                          ____________________




       CONDEMNING THE RECENT ATTACKS AGAINST THE STATE OF ISRAEL

  Mr. HYDE. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 921) condemning the recent attacks against the 
State of Israel, holding terrorists and their state-sponsors 
accountable for such attacks, supporting Israel's right to defend 
itself, and for other purposes.
  The Clerk read as follows:

                              H. Res. 921

       Whereas on September 12, 2005, Israel completed its 
     unilateral withdrawal from Gaza, demonstrating its 
     willingness to make sacrifices for the sake of peace;
       Whereas more than 1,000 rockets have been launched from 
     Gaza into Israel since Israel's disengagement;
       Whereas in a completely unprovoked attack that occurred in 
     undisputed Israeli territory on June 25, 2006, Israeli 
     Defense Forces Corporal Gilad Shalit was kidnapped and is 
     being held hostage in Gaza by a Palestinian terrorist group 
     which includes members of Hamas;
       Whereas Hamas political leader Khaled Meshaal, in Damascus, 
     Syria, has acknowledged the role of Hamas in holding Corporal 
     Shalit hostage;
       Whereas in a completely unprovoked attack that occurred in 
     undisputed Israeli territory on July 12, 2006, operatives of 
     the terrorist group Hezbollah operating out of southern 
     Lebanon killed three Israeli soldiers and took two others 
     hostage;
       Whereas Israel fully complied with United Nations Security 
     Council Resolution 425 (1978) by completely withdrawing its 
     forces from Lebanon, as certified by the United Nations 
     Security Council and affirmed by United Nations Secretary-
     General Kofi Annan on June 16, 2000, when he said, ``Israel 
     has withdrawn from [Lebanon] in full compliance with Security 
     Council Resolution 425.'';
       Whereas United Nations Security Council Resolution 1559 
     (2004) calls for the complete withdrawal of all foreign 
     forces from Lebanon and the dismantlement of all independent 
     militias in Lebanon;
       Whereas despite the adoption of United Nations Security 
     Council Resolution 1559, the Government of Lebanon has failed 
     to disband and disarm Hezbollah, allowing Hezbollah instead 
     to amass 13,000 rockets, including rockets that are more 
     destructive, longer-range and more accurate than rockets 
     previously used by Hezbollah, and has integrated Hezbollah 
     into the Lebanese Government;
       Whereas the Government of Israel has previously shown great 
     restraint despite the fact that Hezbollah has launched at 
     least four separate attacks into Israel using rockets and 
     ground forces over the past year;
       Whereas the failure of the Government of Lebanon to 
     implement all aspects of United Nations Security Council 
     Resolution 1559 and to extend its authority throughout its 
     territory has enabled Hezbollah to launch armed attacks 
     against Israel and recently to kidnap Israeli soldiers;
       Whereas Hezbollah's strength derives significantly from the 
     direct financial, military, and political support it receives 
     from Syria and Iran, and Hezbollah also receives important 
     support from sources within Lebanon;
       Whereas Iranian Revolutionary Guards continue to operate in 
     southern Lebanon, providing support to Hezbollah and 
     reportedly controlling its operational activities;
       Whereas the Government of the United States has enacted 
     several laws, including the Syria Accountability and Lebanese 
     Sovereignty Restoration Act of 2003 (Public Law 108-175) and 
     the Iran and Libya Sanctions Act of 1996 (Public Law 104-
     172), which call for the imposition of sanctions on Syria and 
     Iran for, among other things, their support for terrorism and 
     terrorist organizations;
       Whereas the House of Representatives has repeatedly called 
     for full implementation of United Nations Security Council 
     Resolution 1559;
       Whereas section 1224 of the Foreign Relations Authorization 
     Act, Fiscal Year 2003 (Public Law 107-228) withholds certain 
     assistance to Lebanon contingent on the deployment of the 
     Lebanese armed forces to the internationally recognized 
     border between Lebanon and Israel and its effective assertion 
     of authority in the border area in order, among other 
     reasons, to prevent cross-border infiltration by terrorists, 
     precisely the criminal activity that has provoked the current 
     crisis;
       Whereas President George W. Bush stated on July 12, 2006, 
     ``Hezbollah's terrorist operations threaten Lebanon's 
     security and are an affront to the sovereignty of the 
     Lebanese Government. Hezbollah's actions are not in the 
     interest of the Lebanese people, whose welfare should not be 
     held hostage to the interests of the Syrian and Iranian 
     regimes.'', and has repeatedly affirmed that Syria and Iran 
     must be held to account for their shared responsibility in 
     the recent attacks;
       Whereas the United States recognizes that some members of 
     the democratically-elected Lebanese parliament are working to 
     build an autonomous and sovereign Lebanon and supports their 
     efforts; and
       Whereas both Hezbollah and Hamas refuse to recognize 
     Israel's right to exist and call for the destruction of 
     Israel: Now, therefore, be it
       Resolved,  That the House of Representatives--
       (1) reaffirms its steadfast support for the State of 
     Israel;
       (2) condemns Hamas and Hezbollah for engaging in unprovoked 
     and reprehensible armed attacks against Israel on undisputed 
     Israeli territory, for taking hostages, for killing Israeli 
     soldiers, and for continuing to indiscriminately target 
     Israeli civilian populations with their rockets and missiles;
       (3) further condemns Hamas and Hezbollah for cynically 
     exploiting civilian populations as shields, locating their 
     equipment and bases of operation, including their rockets and 
     other armaments, amidst civilian populations, including in 
     homes and mosques;
       (4) recognizes Israel's longstanding commitment to 
     minimizing civilian loss and welcomes Israel's continued 
     efforts to prevent civilian casualties;
       (5) demands the Governments of Iran and Syria to direct 
     Hamas and Hezbollah to immediately and unconditionally 
     release Israeli soldiers which they hold captive;
       (6) affirms that all governments that have provided 
     continued support to Hamas or Hezbollah share responsibility 
     for the hostage-taking and attacks against Israel and, as 
     such, should be held accountable for their actions;
       (7) condemns the Governments of Iran and Syria for their 
     continued support for Hezbollah and Hamas in their armed 
     attacks against Israelis and their other terrorist 
     activities;
       (8) supports Israel's right to take appropriate action to 
     defend itself, including to conduct operations both in Israel 
     and in the territory of nations which pose a threat to it, 
     which is in accordance with international law, including 
     Article 51 of the United Nations Charter;
       (9) commends the President of the United States for fully 
     supporting Israel as it responds to these armed attacks by 
     terrorist organizations and their state sponsors;
       (10) urges the President of the United States to bring the 
     full force of political, diplomatic, and economic sanctions 
     available to the Government of the United States against the 
     Governments of Syria and Iran;
       (11) demands the Government of Lebanon to do everything in 
     its power to find and free the kidnapped Israeli soldiers 
     being held in the territory of Lebanon;
       (12) calls on the United Nations Security Council to 
     condemn these unprovoked acts and to take action to ensure 
     full and immediate implementation of United Nations Security 
     Council 1559 (2004), which requires Hezbollah to be 
     dismantled and the departure of all Syrian personnel and 
     Iranian Revolutionary Guards from Lebanon;
       (13) expresses its condolences to all families of innocent 
     victims of recent violence; and
       (14) declares its continued commitment to working with 
     Israel and other United States allies in combating terrorism 
     worldwide.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Hyde) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  Mr. PAUL. Mr. Speaker, if neither gentlemen is opposed to the bill, I 
request the time in opposition.
  The SPEAKER pro tempore. Is the gentleman from California opposed to 
the motion?
  Mr. LANTOS. I strongly support this legislation, Mr. Speaker.
  The SPEAKER pro tempore. Is the gentleman from Texas opposed to the 
motion?
  Mr. PAUL. I am opposed to it.
  The SPEAKER pro tempore. Under clause 1 of rule XV, the gentleman 
from Texas (Mr. Paul) will control 20 minutes in opposition.
  Mr. HYDE. Mr. Speaker, I ask unanimous consent that the time for 
debate on this measure be extended for 80 additional minutes to be 
equally divided.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. HYDE. Mr. Speaker, I yield 30 minutes of my time to the ranking 
member of the Committee on International Relations, the gentleman from 
California (Mr. Lantos), and I ask unanimous consent that he may be 
permitted to control that time.

[[Page 15115]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.


                             General Leave

  Mr. HYDE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the world is witnessing yet another violent episode in 
the global struggle between civilization and terror.
  The cowardly and deadly attacks on Israel by Hamas and Hezbollah have 
resulted in a vigorous response by Israel. We shouldn't be surprised. A 
history of precarious existence in a violent region has persuaded most 
Israelis that wishful thinking carries deadly costs and has convinced 
them that their survival depends upon their own willingness to act. And 
so Israel has acted.
  As a result, Israel is now the subject of criticism around the world. 
The standard condemnations will be uttered, the familiar demands 
expressed. Israel will once again be excoriated for self-defense by 
governments that cannot be bothered to assist others or which are even 
the sources of threats themselves.
  Instead of offering help to halt these terrorist attacks, too many of 
the world's governments will yet again demonstrate their irrelevance to 
the region's problems or to any possible solution by restricting their 
contributions to making disparaging comments from the sidelines. We can 
be certain that terrorism writ large is likely to be verbally 
assaulted. But were verbal disapprovals as deadly a weapon as are 
missiles and bombs, the violence and slaughter that are the chosen 
instruments of the terrorists would be quickly eliminated.
  At best, a moral equivalence between the terrorist attacks and 
Israel's response will be asserted. But it is profoundly immoral to 
equate assault with defense, to erase the bright line between the 
deliberate killing of innocents and a determination to protect those 
innocents.
  Were we in the position of the Israelis, how would we ourselves react 
if missiles were launched from Cuba and rained down on Miami? Any 
government that would allow terrorists to attack its citizens and do 
nothing in response but protest or beg for mercy would betray its most 
sacred trust.

                              {time}  1900

  Instead, we should take encouragement from Israel's courageous 
example and hope that others sleeping in their protective cocoons awake 
and finally see that this conflict holds enormous stakes for us all. 
Israel must win its battle against terrorism, or we all will lose.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I have taken the time in opposition to this resolution 
because I very sincerely believe that resolutions of this sort actually 
do more harm than good. I know that it is very good to condemn the 
violence, and I certainly do agree with that.
  But I am convinced that when we get involved and send strong 
messages, such as this resolution will, that it ends up expanding the 
war rather than diminishing the conflict, and that ultimately it comes 
back to haunt us.
  Generally speaking, I follow a policy in foreign affairs called 
noninterventionism. It is not generally acceptable in this current time 
that we do this, but I think there is every reason to consider it. It 
certainly was something that the founders talked about.
  The Constitution really doesn't authorize us to be the policemen of 
the world. And for this reason, we should talk about it. And that is 
why I take this opportunity to do so, with the sincere belief that we 
would be better off with less intervention overseas.
  The founders talked about that, about rejecting entangling alliances. 
And we have been involved in a lot of entangling alliances since World 
War I, especially after World War II, and we have been doing a lot of 
things, losing a lot of men and women and costing a lot of money; and 
too often, these events have come back to haunt us. There is blow-back 
from our policy.
  The policy of interventionism, which I object to, really doesn't 
work. It is well intended, and we have these grandiose plans and 
schemes to solve the problems of the world, but if you are really 
honest with yourself and you look at the success and failure, it 
doesn't have a good record. I mean, are you going to defend the great 
victory in Korea, the great victory in Vietnam? And on and on. The 
great victory in Iraq?
  And I see resolutions like this step in the wrong direction. 
Actually, I believe it is going to expand the war in the Middle East.
  The other reason why I strongly object to interventionism is it costs 
a lot of money. And someday we will have to deal with that. 
Supplemental bills come up now to the tune of tens of billions, and 
next year, already, they are planning to come up with another $100 
billion for our intervention overseas. But it is off the regular 
budgetary process, so it doesn't meet the budgetary restraints that we 
are supposed to follow. So it becomes emergency funding, although we 
have been in Iraq for 3 years, and with plans to stay endlessly. We are 
building permanent bases in Iraq. So there is a lot of cost, and 
eventually that will come home to haunt us, and it already has.
  And then there is the problem of unintended consequences. We went 
into Iraq for all kinds of reasons, some disproven, and all well 
intended, and who knows what the real motivations were. But one thing 
was that we would gain access to oil, and oil would be produced and 
would help pay the bills. Yet oil, when we went into Iraq was $28 a 
barrel. Now it is $75 a barrel. That is an unintended consequence.
  We have done more to fall into the trap of what Osama bin Laden 
wanted in Iraq than anything else. And actually we have helped Iran. 
Iran is stronger. They have probably already more influence with the 
grass roots, the democratic process in Iraq, than we do. Those are the 
kind of unintended consequences that, on principle, I strongly object 
to.
  I believe that the founders were correct in advocating avoiding 
entangling alliances, to have a strong national defense, to defend this 
country, I believe that is just plain common sense. Most Americans, if 
you just flat-out put it to them, think we should not be the policemen 
of the world. Do you think we should be involved in the internal 
affairs of other nations? People say no. We shouldn't do this. The 
Constitution doesn't give us the authority to do it.
  And we now are in the business of maintaining an empire. A 
noninterventionist foreign policy concedes up front that is not our 
goal. We are not supposed to be going overseas and building permanent 
bases and staying there endlessly. Even the election campaign of 2000 
was won partially on the foreign policy issue that, you know, it was 
said that we shouldn't be the policemen of the world and we shouldn't 
be in nation building.
  I think those are good ideas and the American people agree. They 
didn't object to it. But each step along the way we dig a deeper hole 
for ourselves. And that is the general philosophic reasons why I 
believe nonintervention is beneficial. Intervention is very, very 
dangerous. Later there will be a lot of specifics that I would like to 
mention.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this resolution. The 
conflict now raging in the Middle East is between a stable, pro-Western 
democracy and the terrorists who seek to destroy it. It is obviously in 
our country's interest and that of the civilized world as a whole to 
oppose and denounce the vicious war against Israel by Hezbollah and 
Hamas. We simply cannot accept a world in which terrorist bands can 
trigger cross-

[[Page 15116]]

border conflicts in violation of international law. Even the 22 member 
states of the Arab League have recognized this fact. They unequivocally 
denounced Hezbollah for provoking the current crisis because they know 
that Hezbollah's nihilism threatens not just Lebanon but their own 
stability.
  Hezbollah's contempt for human suffering is total, as it showed once 
again this morning when its rockets murdered two Israeli Arab children 
in Nazareth.
  Mr. Speaker, Israel is doing all it can to limit the civilian 
suffering as any civilized, responsible, legitimate government would 
do. Its air bases, weapons and other military assets are located as far 
from population centers as they can be. But Hezbollah and Hamas have 
deliberately placed their weapons among the people, in their homes, in 
their schools, in their mosques. In a struggle between the two sides, 
the risk of civilian casualties is naturally disproportionate. The 
terrorists care nothing for human life, and care only to the extent 
that they can cynically leverage the damage in their favor in the court 
of public opinion.
  Of course, Mr. Speaker, Israel is not facing just the terrorists 
Hamas and Hezbollah. Those criminal groups are merely proxies for the 
real masters of terror, Syria and Iran. If there was ever any doubt as 
to whether Hezbollah is a wholly owned subsidiary of Iran, it has now 
been put to rest. The unprovoked murder and kidnapping of Israeli 
soldiers on undisputed Israeli territory clearly served Tehran's 
interests. It occurred just days before the G-8 summit in St. 
Petersburg, which was set to focus on Iran's nuclear projects and 
transgressions. And, Mr. Speaker, the plot worked. The G-8 was indeed 
preoccupied with events in the Arab-Israeli arena, rather than with 
Iran's unrelenting march to secure nuclear weapons. But it is a mark of 
how alarmed the G-8 members were at the current situation that even 
Russia joined in the final communique condemning Hezbollah's actions.
  Mr. Speaker, U.N. Security Council Resolution 1559, passed in 2004, 
declared that all foreign forces should be removed from Lebanon, all 
militias dismantled, and the Lebanese Armed Forces be deployed to the 
entire border with Israel. In fact, none of this happened. Iranian 
Revolutionary Guard troops roam freely. And thanks to Hezbollah, Iran 
has established, effectively, a base in southern Lebanon right on 
Israel's border.
  This is the same Iran that has called for Israel to be wiped off the 
map, the same Iran that has armed Hezbollah with 13,000 deadly 
missiles.
  Meanwhile, Mr. Speaker, the Lebanese Government stands by, helplessly 
watching its sovereignty evaporate. Hezbollah and Iran are holding 
Lebanon hostage as surely as they are holding the two Israeli soldiers.
  Mr. Speaker, there will never be real Lebanese democracy or real 
Lebanese sovereignty as long as Hezbollah is armed and occupies 
southern Lebanon.
  We also know that Syria is the primary culprit behind the Hamas 
kidnapping of an Israeli soldier, which also took place, unprovoked, on 
undisputed Israeli territory. It strains credulity to believe that the 
Syrian regime is merely a passive host for the Damascus-based Hamas 
leader, Khaled Meshaal. Syria is his master.
  Mr. Speaker, how often have we heard the complaint that there would 
be peace in the Middle East if only the Israelis ended their 
occupation?
  The watchword of this school of thought was land for peace. But as 
events of the last week have shown, it should have been land for war. 
Israel ended its occupation of Lebanon and of Gaza. There was not one 
Israeli citizen in either Gaza or Lebanon when this murderous and 
cynical pair of attacks took place. And where did the murderers and 
kidnappers attack from when they invaded Israeli territory? The very 
places from which Israel withdrew.
  How are we ever to establish peace?
  How will decent people in the region ever believe in peace if Arab 
terrorists interpret every gesture of peace as a display of weakness 
and then act accordingly?

                              {time}  1915

  Israel has withdrawn from Lebanon and Gaza. But where is the goodwill 
on the other side? Since Israel evacuated Gaza, more than 1,000 Hamas 
rockets have been fired at Israeli homes and Israeli schools. Since 
Israel evacuated Lebanon, the terrorist gang Hezbollah that occupies 
south Lebanon has stockpiled 13,000 rockets. As we have learned in 
recent days, these rockets travel farther and are far more deadly than 
had been previously believed. No wonder, Mr. Speaker, that Israeli 
support for Prime Minister Olmert's plan to withdraw from large areas 
of the West Bank has been plummeting even while Olmert himself enjoys 
wide support among his people.
  Given the stakes, I believe that the United States must support 
Israel in combating enemies who will not be mollified by anything less 
than Israel's total destruction. Any result of this fighting that 
leaves Hezbollah in occupation of southern Lebanon will be a victory 
for Iran and for Syria, for fanaticism and for terror, and the defeat 
for Lebanon and for Middle East peace.
  That, in my view, is the message of the resolution before us today, 
Mr. Speaker. And that is why I strongly support this resolution, and 
that is why I urge all of my colleagues on both sides of the aisle to 
do likewise.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, at this time I am proud to yield 3 
minutes to the gentleman from Missouri (Mr. Blunt), our distinguished 
majority whip.
  Mr. BLUNT. Mr. Speaker, I thank the gentlewoman for recognition. And 
I am grateful to Chairman Hyde and Mr. Lantos for the hard and 
thoughtful work they have done on this resolution, for the comments 
that they have already made, and many of those comments are not going 
to be better made this evening.
  Clearly, we stand here understanding that no country in the world 
knows more about the importance of a safe society than Israel, knows 
more the need to protect its borders and citizens than Israel.
  The conflict being waged is not one that Israel asked for. It is 
being fought out of necessity and out of self-defense. No country would 
tolerate the type of armed aggression that Israelis have witnessed in 
recent weeks. These deadly rocket attacks have been launched against 
civilians in Israel by Hamas and Hezbollah with the direct backing, as 
Mr. Lantos has said, of Syria and Iran.
  In fact, just last night word came out of the region that the 
Israelis had found and destroyed a truck convoy carrying new deadly 
rockets across the Syrian border into Lebanon. Those weapons, which 
reportedly were produced in Iran and transported through Syria under 
the knowing eye of that country's government, are the instruments being 
used by Syria and Iran to wage a proxy war against Israel.
  All responsible members of the international community must demand 
that Syria and Iran immediately cease their financial and military 
support for these terrorist organizations or face the kind of global 
isolation and action by the Security Council that they deserve.
  Innocent citizens of Lebanon have also been the victims. The Lebanese 
Government has not been able to gain control over its own security and 
disarm Hezbollah, as demanded by the United Nations. I believe the 
Cedar Revolution was real, but democracy is still weak, and the 
Lebanese Government must resist terrorism or it does not govern.
  As Israel engages in a two-front conflict to defend its borders, I am 
confident that its government is doing all it can to minimize the loss 
of civilian life. Unfortunately, Lebanese and Palestinian civilians are 
being caught in the middle. I talked today to friends of mine in 
Nazareth who were witnesses to the attacks on Nazareth today where 
innocent Arabs living in Israel have been killed by these terrorist 
factions. We must put a stop to this. We must stand strong. This is 
exactly the kind of Islamic totalitarian view of the world that we 
resist today in Iraq, in Afghanistan, and elsewhere.

[[Page 15117]]


  Mr. PAUL. Mr. Speaker, I yield 8 minutes to the gentleman from 
Illinois (Mr. LaHood).
  Mr. LaHOOD. Mr. Speaker, I thank the gentleman from Texas for 
yielding me this time.
  I would like to stipulate that in the 12 years I have been in the 
House, I have visited Lebanon on 10 occasions, and 2 years ago when I 
was there, I called upon the President of Lebanon, who has the same 
name as I do, although he is no relation, that he should not extend his 
term as President of the country, and that troops should be moved into 
the southern part of the country. I want to stipulate that now so 
people understand.
  I believe this resolution does not go far enough, and I believe the 
resolution should stipulate some humanitarian interest in the Lebanese 
people who are the ones that are being injured and killed by the 
attacks on the country. But I do not believe the current President 
should be in office. He has extended his term, and that should not have 
been. They should have moved troops into the southern part of the 
country and gone after Hezbollah, but that has not happened.
  But over the last 10 years, the country of Lebanon, in particular 
Beirut, has been rebuilt. It has been rebuilt primarily by the 
assassinated former Prime Minister, who did an extraordinary job and 
showed extraordinary leadership over the last several years in helping 
to rebuild the country and helping to rebuild, in particular, the city 
of Beirut.
  Late last week I decried the capture of two Israeli soldiers, and I 
decried the Hezbollah for doing that. But I also decry the idea that 
the attacks that are being made are well beyond the boundaries of where 
Hezbollah is at, well beyond the boundaries of the southern part of 
Lebanon, to completely shut down the airport, to bomb every road so 
there is no way for peace-loving people who have no fight in this 
battle at all to exit the country.
  Over 25,000 Americans are trapped in Lebanon, many students, many 
American students, who go to school at American University of Beirut. 
And also many peace-loving Americans who are there, many from my home 
community of Peoria, over 300, who traditionally go to the country in 
the summertime to visit their mothers and their fathers and their aunts 
and their uncles, are trapped there.
  Now, I give the administration credit for allowing these cruise ships 
now to come to the Mediterranean and help them exit. But the point that 
I want to make here is there is nothing in the resolution about the 
innocent people that are being killed. Over 300 people have been killed 
in the last 7 days who have no fight in this. They do not live in the 
southern part of the country. And there are many people that are 
trapped there. And I wish the resolution would have allowed for some 
idea that you can go into the southern part, you can go after 
Hezbollah, you can run them out of the country, and we are well within 
our right to do that, but not to shut down every way and every means of 
people to escape the country, not to kill innocent people, not to go 
into neighborhoods where there are absolutely no Hezbollah.
  Mr. LANTOS. Mr. Speaker, will my friend yield?
  Mr. LaHOOD. I yield to the gentleman.
  Mr. LANTOS. I thank my friend for yielding.
  First, let me react to your comment that the resolution does not deal 
with the loss of innocent life. The resolution expresses its 
condolences to all families of innocent victims of recent violence.
  Secondly, it is critical to prevent the resupply of deadly rockets 
from Iran and Syria. Unless the airport is closed down, unless the 
border with Syria is closed down, these deadly weapons will be 
resupplied in no time. That is why the airport was attacked. That is 
why the border crossings with Syria were attacked.
  Mr. LaHOOD. Mr. Speaker, reclaiming my time, I would say the 
resolution is not specific to the Lebanese innocent people. It mentions 
innocent people, but there is no specificity about those Lebanese 
people, particularly Lebanese Americans who are there visiting their 
families and the students that are there.
  The only road that was not bombed, the only road that was not closed, 
is the road that goes to Syria. And I know people and I have talked to 
them that have exited the country through Syria, and the Syrian 
Government is allowing them to go into Syria, go into Damascus, and 
take flights out to other parts in order to get back to the United 
States.
  I have served on the Intelligence Committee now for 8 years. There is 
something I think I know. Hezbollah is well armed. They have all the 
ammunition they need, and we need to shut them down. We need to 
eliminate them from the southern part of Lebanon.
  I do not buy this idea that they were going to be able to ship arms 
in through the airport. They have all they need. They have the kind of 
capability, and they have shown that.
  So I have heard that argument that the airport was bombed. I believe 
it was bombed so you could close off a way for people to get out of 
there. And I do not quite buy the argument that it was bombed so that 
they could be resupplied. They do not need to be resupplied. They have 
got all they need.
  Look, I have said pretty much what I wanted to. I know what the 
debate is going to be about. My obligation is to peace-loving people 
who live in Lebanon, who have made their homes there. My grandfather on 
my father's side came to this country in 1895 to Peoria, Illinois, from 
Lebanon. We have a large Lebanese population in Peoria. And I hope 
there are others, I think there will be, that will speak up for the 
common, ordinary, decent people of Lebanon who are suffering as a 
result.
  They want Hezbollah out of the country, and there is no argument with 
that, but they do not want to see their own neighborhoods, where there 
is no presence of Hezbollah, to be bombed and innocent people killed.
  If this were going on in Israel, which it is, the resolution 
stipulates that our hearts go out to those people. The innocent, peace-
loving people of Lebanon in neighborhoods where Hezbollah does not 
exist, they get no recognition in this resolution. With all due 
respect, Mr. Lantos, they simply do not. They did in a resolution that 
was prepared earlier on, but that language was taken out.
  So I think the resolution is inadequate, and I want to stick up for 
the people of Lebanon. I want to also compliment the administration for 
waiving the fees that they were going to charge innocent people for 
getting outside of the country. Obviously, that was a no-brainer. For 
getting the cruise ships to come in, to allow helicopters to transport 
people from the embassy over to Cyprus, all of these things are good 
things.
  I have talked to the administration. I have asked Secretary Rice and 
her team to talk more about restraint, particularly in the parts of 
Lebanon that do not deserve to be bombed, where innocent people do not 
deserve to be killed.
  I am just going to wrap up. It is going to take millions of dollars 
to rebuild areas of Lebanon that have been damaged. I mean, it is going 
to take millions of dollars to rebuild bridges and roads and 
infrastructure that have been built over the last 10 years. Beirut was 
so well positioned. This year in the city of Beirut, they had more 
tourism. The economy was booming. And now when you see what is 
happening, not only the innocent life, but so much of the 
infrastructure has been destroyed. I hope our government is going to be 
willing to step up and provide some of the dollars to help rebuild the 
country.
  So my objection is that I think the resolution is inadequate, and I 
want to speak up for the people of Lebanon.
  I thank the gentleman from Texas very much for yielding me this time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Before yielding to our distinguished whip, I would like to make a 
couple of observations. I first visited Lebanon in 1956, in the summer 
of 1956.

                              {time}  1930

  It was the jewel of the Middle East. And what has destroyed Lebanon 
during the course of the last half century

[[Page 15118]]

were various terrorist groups, first Arafat's PLO and now Hezbollah.
  No one is in favor of hurting a single innocent human being. The fact 
is that with Hezbollah placing its weaponry in the midst of population 
centers, collateral damage is unavoidable. Israel has gone to every 
length to minimize collateral damage.
  As a matter of fact, the difference between the tragedies befalling 
the Lebanese people and the tragedies befalling the Israeli people is 
very simple: Hezbollah deliberately, deliberately, attacks civilians. 
Israel does its utmost not to attack innocent civilians.
  Mr. LaHOOD. Mr. Speaker, will the gentleman yield?
  Mr. LANTOS. I am glad to yield to my friend, the gentleman from 
Illinois.
  Mr. LaHOOD. Mr. Speaker, I thank the gentleman for yielding.
  I agree with everything you have said, Mr. Lantos. My only problem 
is, why not give the same kind of consideration in the resolution to 
the common, ordinary, decent people of Lebanon who are being hurt by 
these attacks? That is really all we were asking earlier on when we 
presented a resolution to the majority leader's office.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield such time as he may 
consume to the distinguished Democratic whip, my good friend, the 
gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I thank the gentleman from California.
  Mr. Speaker, first let me say that, unfortunately, there wasn't as 
much bipartisan drafting of this resolution as I would have hoped.
  Hopefully there is no one in this Chamber who does not empathize with 
those who want peace, those who work for peace, those who are caught in 
the environment of hate, those who are caught in the environment of 
attacks on innocent people, those who are harboring in their midst 
those who attack a nation because of the religion and ethnicity of 
their population. All of us have empathy for innocent people caught in 
the grip of terror and terrorism.
  But all of us also ought to have the expectation that those people 
would exorcise from their societies those who undermine peace, security 
and safety, and the Lebanese people have not done that. They have 
either not done it because they are incapable of doing it, or they have 
not done it, as too often I hear verbalized, I tell my friend, because 
of their sympathy for Hezbollah.
  Mr. Speaker, I strongly support this resolution condemning the recent 
terrorist attacks against our Nation's staunchest democratic ally in 
the Middle East and supporting Israel's inherent right for self-
defense, and I urge Members on both sides of the aisle to support this 
resolution as well.
  Israel is absolutely justified in undertaking the defense of its 
territory and its people. As the Israeli columnist Ari Shavit recently 
wrote, Israel's actions are ``not a war of occupation, but rather a war 
of defense. Not a settlements war, but rather a green line war. A war 
over the validity of an international border that was drawn, defined 
and recognized by the United Nations.''
  No one should be mistaken: The actions taken by Israel over the last 
8 days have been a direct response to the premeditated, unprovoked 
attacks of Hamas and Hezbollah, terrorist organizations which are 
underwritten and encouraged by their sponsors, Syria and Iran.
  Palestinian militants, including members of Hamas, dug a tunnel 300 
yards inside of Israel territory. And when, on June 25th, militants 
emerged from that tunnel, they killed two Israeli soldiers, wounded 
three and kidnapped one.
  Then last Wednesday, July 12, Hezbollah terrorists crossed Israel's 
internationally recognized northern border, and in a brazen daylight 
attack killed three Israeli soldiers and kidnapped two. Another five 
Israeli soldiers were killed by Hezbollah terrorists when they tried to 
retrieve the bodies of their fallen comrades.
  Mr. Speaker, these premeditated, unprovoked terrorist attacks on 
Israel are indefensible. One can only imagine the American response if 
a terrorist group attacked and killed American citizens from just 
across our border.
  It also must be noted that Israel has exercised great restraint over 
the last year, during which Palestinian militants, as has been 
referenced on this floor, have launched over 1,000 rockets from Gaza 
into Israel and Hezbollah has launched four separate attacks on Israel.
  While I am convinced that Israel is using every possible effort to 
avoid civilian casualties, it is clear that the terrorists in Hamas and 
Hezbollah purposely, purposely, staged their actions from within 
civilian communities, thereby putting civilians at grave risk.
  Furthermore, while Israel makes every effort to minimize civilian 
casualties, it is clear that the terrorists of Hamas and Hezbollah 
deliberately attempt to maximize such casualties by indiscriminately 
firing rockets upon Israeli population centers.
  Mr. Speaker, as a first step towards restoring calm, it is absolutely 
imperative that Israel's soldiers in Gaza and Lebanon be returned 
unconditionally and unharmed and that indiscriminate rocket attacks on 
Israeli civilians by Hamas and Hezbollah cease immediately.
  It is also long past the time for the international community to 
facilitate the implementation of Security Council Resolution 1559. If 
that U.N. resolution had been carried out, there would be no innocent 
citizens on either side being killed this day. The tragedy of our 
international community is the United Nations talks a much better game 
than it ever plays. That resolution, which was adopted in September of 
2004, calls for the Lebanese army to control southern Lebanon's border, 
and for all militias, including Hezbollah, to be disabled and 
disbanded.
  So long as the international community fails to ensure the 
implementation of Security Council Resolution 1559, I believe Israel as 
a sovereign nation with an inherent right of self-defense has every 
right to strike armed terrorists which seek her destruction. Disarming 
and disbanding terrorist organizations is essential to Middle East 
peace.
  We empathize, we sympathize, we have deep concern for those caught in 
this web of violence and terror, but that will not rationalize nor will 
it excuse the lack of action to exorcise those terrorists from the body 
politic of the Middle East. Until that happens, innocent civilians will 
ever be at risk.
  Ms. ROS-LEHTINEN. Mr. Speaker, at this time I am proud to yield 2 
minutes to my colleague the distinguished gentleman from Florida (Mr. 
Shaw), who is a staunch supporter of Israel and who has been there many 
times.
  Mr. SHAW. Mr. Speaker, first of all, I would like to associate myself 
with the previous speaker and his remarks.
  Mr. Speaker, I rise today to voice my steadfast support for Israel 
during this time of crisis and escalating violence. In the strongest 
possible terms, I condemn Hezbollah's unprovoked attack on Israel.
  On July 12, 2006, Hezbollah assaulted northern Israel. This attack 
killed eight soldiers and took two others hostage. The kidnapping and 
killing of Israeli soldiers symbolizes a clear act of war by Hezbollah, 
which the government of Lebanon has failed to take apart and has even 
included in its cabinet.
  Hezbollah's continued violence against Israel is financed and 
supported by Syria and Iran. The United States Department of State said 
that Iran supports Hezbollah with financial, political and 
organizational aid, while Syria provides diplomatic, political and 
logistic support. Syria and Iran should be held responsible for the 
violence that has ensued in the region as a result of their support of 
Hamas.
  Like the United States and other sovereign nations, Israel has the 
right to defend itself and its people from the attacks by these 
terrorists. Hezbollah fired at least 100 rockets at Israel just 
yesterday, with an estimated 720 Hezbollah rockets reported fired since 
the current crisis began. Israel air strikes continue and Israel 
defense forces conducted cross-border raids overnight. Over 230 
Lebanese and 25 Israelis have been reported killed since hostilities 
began. Estimates of Lebanese displaced by the violence vary

[[Page 15119]]

widely, from tens of thousands to as many as 400,000.
  Mr. Speaker, it is clear that the United States must continue our 
efforts to support the State of Israel. These are the same killers who 
blew up our Marine barracks in Lebanon and killed 260 of our finest 
United States Marines.
  An Israeli win is a win for the United States. Our future, as well as 
Israel's future, is wrapped up in the future of this conflict. I urge 
my colleagues to support this resolution.
  Mr. PAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to comment just briefly on the comments 
made by the gentleman from Illinois (Mr. LaHood), because I think his 
point is well taken about the emphasis on this legislation, and to deny 
that would be just trying to fool one's self.
  It is very clear that if one were objective and read this resolution, 
all the terrorists are on one side and all the victims and the 
innocents are on the other side, which I, quite frankly, find unfair, 
especially coming from the position that I want to advocate, 
neutrality, rather than picking sides.
  But he also mentioned the fact about trying to change the resolution. 
I would like to emphasize also that being on the International 
Relations Committee, I was anxious to see the resolution, but 
characteristically it was very difficult to get. We didn't hold 
hearings and we didn't debate it and we didn't get a chance to have 
amendments to it, and even last night I couldn't receive it. There were 
some news articles very early this morning. Lo and behold, they had 
copies of it. It took me until about 9 o'clock this morning to get it.
  So I think it would be fairer within this Congress to allow us to 
have a chance to debate these in the committee, to bring them to the 
floor.
  Mr. Speaker, I yield 8 minutes to the gentleman from West Virginia 
(Mr. Rahall).
  Mr. RAHALL. Mr. Speaker, I thank the gentleman from Texas for 
yielding me time.
  Mr. Speaker, it was 24 years ago almost to this very day that I led 
an official congressional delegation to the Middle East, appointed by 
then Speaker Tip O'Neill. This six-nation tour included meetings with 
heads of state in every one of the countries we visited, including the 
Prime Minister of Israel, Menachem Began.
  We were in Beirut those first days of August 1982 when Israeli bombs 
were falling all over the country and all over the city, as they are 
this very day. The Israeli aim at that time was to rid Lebanon of the 
PLO.
  Then President Ronald Reagan got on the phone to then Prime Minister 
Menachem Began and said enough is enough. Stop the bombing. President 
Reagan had that courage, had that sense.
  There immediately ensued negotiations and a peaceful evacuation of 
Americans in the area, and we initially sent over marines, maybe a 
month later, at which point in time we were considered peacekeepers and 
all the Lebanese were welcoming the American presence. That later 
turned sour. That is part of history and I shall not go there.
  But I have written President Bush last Friday urging him to take this 
same action as President Ronald Reagan took 24 years ago.

                              {time}  1945

  I commend him for calling Arab leaders as he is and asking the Arab 
leaders to urge restraint upon Hezbollah and to urge the release of the 
hostages, which is a proper action. I also asked the President that 
should he not be calling the Israeli Prime Minister at the same time. 
What is wrong with this course of action?
  The point where we are today is a point that is unfortunate. It was 
stupid of Hezbollah, Hamas to take the actions they took. I condemn the 
hostage taking.
  Israel has a right to defend itself. It has the right to pursue to 
the nth degree those that abduct their soldiers. The Israeli action of 
current days, and as we speak in Lebanon, however, has other 
repercussions than just the stated agenda of destroying Hezbollah. That 
is not going to happen. We know that there is no military action that 
is going to wipe out every member of Hezbollah, that is going to wipe 
out every member of Hamas.
  That is not the way this problem is going to be resolved. It is time 
for cooler heads to prevail if peace is to have a prayer. It is time 
for a cease-fire. It is time for Secretary Rice to go to the region. It 
is time for Hezbollah to, as the first step, simultaneously with the 
calling of a cease-fire release the hostages. That must be done, step 
number 1, with the calling of a cease-fire, and then negotiations 
should continue.
  As to whether there will be future and sequential release of Lebanese 
and Palestinian prisoners held by the Israelis, many of whom have not 
even had the first charge read against them yet, but that is for later, 
Israel has done this in the past, to their credit. Yes, we do not 
negotiate with terrorists, but we do. We know the reality.
  So I say, Mr. Speaker, that the current actions of Israelis have gone 
beyond going after Hezbollah. This resolution that is before us seems 
to hint at that pretty strongly. The Government of Lebanon is targeted 
in many different points in the resolution before us. The Government of 
Lebanon is demanded in this resolution to disarm Hezbollah. That is 
something that 18 years of Israeli occupation of Lebanon could not 
achieve. The Israelis cannot do that. But we are demanding now that a 
year-and-a-half-old Lebanese Government, prodemocracy, pro-American, so 
much hope after the Cedar Revolution of a year and a half ago, we are 
now demanding that they disarm Hezbollah in this resolution. Not 
realistic.
  Who are the losers if a cease-fire is not immediately implemented? 
Who are the losers in this fighting and the loss of innocent lives and 
civilian infrastructure continues? The losers are the moderates. The 
losers are the Siniora government in Lebanon, a government that has not 
approved, has not condoned the taking of hostages, as a matter of fact 
has spoken against it; a government that cannot at this particular 
point in time control fully its borders, but was getting its act in 
order previous to the current invasion.
  In the Palestinian territories, who are the losers? The moderate 
Palestinian leader Abu Mazen is the loser, an individual who was 
negotiating with Prime Minister Olmert, very close to a deal on 
prisoner exchange, when all of a sudden this kidnapping occurred, and 
that almost deal went down the tubes. So the moderates are the losers 
the longer the fighting goes on, the longer we are without a cease-
fire.
  The likely scenario, of course, is that the Israelis will continue. 
They did a massive hit just as we speak against a Hezbollah bunker in 
south Beirut. It remains to be seen whether they got the head of 
Hezbollah or not, but there will be some mopping-up operations in the 
next week or so, and then Secretary Rice will go to the region and be 
the big peacemaker. I hope that is the scenario and that it is over 
that quick. I hope indeed that is what will occur.
  But we must request and we must demand that Hezbollah release the 
kidnapped soldiers as the first step with the simultaneous announcing 
of a cease-fire and let cooler heads prevail if we are going to give 
peace a chance.
  Mr. LANTOS. Mr. Speaker, I yield for the purpose of making a 
unanimous consent request to the gentleman from Texas (Mr. Gene Green).
  Mr. GENE GREEN of Texas. Mr. Speaker, I rise in strong support of 
House Resolution 921.
  Throughout its history, Israel has had to defend itself from groups 
that want to wipe it off the map. Hamas and Hezbollah do not want to 
negotiate a two-state solution, they want to go back to before 1948. 
That is not going to happen. The United States first recognized Israel 
and will continue to help Israel defend herself.
  The recent attacks, murders and seizure of soldiers by Hezbollah and 
Hamas are no different, and this House must affirm its commitment to 
Israel and stand behind that nation's right to defend itself.
  Less than three weeks after the June 25 abduction of Corporal Gilad 
Shalit by Hamas in undisputed Israeli territory, Hezbollah opened a 
second front against Israel by attacking, killing and abducting more 
Israeli soldiers in northern Israel.

[[Page 15120]]

  Israel's response was no different than the U.S. response would have 
been if someone had attacked across our border.
  Israel completely withdrew from southern Lebanon in accordance with 
United Nations Security Council Resolution 425.
  Despite this move to facilitate the peace process in the region, and 
despite U.N. Security Council resolution 1559--which required Lebanon 
to take control of this region and to disarm and disband any militias 
in the country--Lebanon allowed Hezbollah to operate in southern 
Lebanon, and receive material and funding from Iran and Syria
  Hezbollah launched four separate attacks earlier this year against 
Israel.
  Israel has been forced to defend itself from these terrorist groups 
to protect its borders and its people which have been targeted by 
Hezbollah rockets.
  Unlike Israel, which has carefully targeted Hezbollah members who 
hide and operate among the civilian populations, Hezbollah has 
indiscriminately fired rockets at northern Israeli civilian populations 
in cities like Haifa, Nazareth, and Nahariya.
  Mr. Speaker, these attacks by the terrorist groups Hezbollah and 
Hamas on Israel's borders, military, and civilian population have 
forced Israel to respond.
  I urge my colleagues to join me in supporting this resolution 
reaffirming our support for Israel's right to defend itself.
  Mr. LANTOS. Mr. Speaker, before yielding to my friend from 
Massachusetts, I yield myself such time as I may consume to make a 
comment about Mr. Paul's observation as he calls for neutrality.
  Calling for neutrality between a democratic ally of the United States 
and a gang of terrorists is not worthy of this body. There is no 
neutrality between a gang of terrorists who indiscriminately kill and 
the democratic state.
  May I also say that it was Hezbollah terrorists who killed the 
largest number of U.S. Marines in Beirut a quarter century ago. Some of 
us were there visiting with them just a couple of weeks before they 
were all killed. Lee Hamilton, a distinguished former Member of this 
body, and I visited with our marines just days before they were all 
killed by Hezbollah terrorist activity.
  Mr. Speaker, I yield 5 minutes to the gentleman from Massachusetts 
(Mr. Frank), the distinguished ranking member of the Financial Services 
Committee.
  Mr. FRANK of Massachusetts. Mr. Speaker, first, this Israeli 
retaliation did not come in the abstract. Let's be clear what happened. 
I speak here as someone who has been critical in the past of Israeli 
Governments that were, in my judgment, sufficiently willing to take 
risks for peace. I have been an advocate of giving up land in the 
interests of a comprehensive settlement.
  What happened tragically in the last couple of weeks is that Israel 
was attacked by entities who do not think there should be any Israel at 
all. It was attacked by people dedicated to the abolition of the Jewish 
State in the Middle East from two territories from which it had 
withdrawn.
  What was attacked was not just individual Israelis, but those in 
Israel within that democratic nation who have pushed for peace. In 
April, after the withdrawal from Gaza, very controversial, the people 
willing in Israel to withdraw from territory in pursuit of peace won an 
election. Those in Israel who would reject that approach lost. Sadly, 
the rejectionists then won in the Palestinian Authority. So you have 
people who had risked themselves in a democratic nation for peace now 
being undercut by those who use those very territories from which they 
withdrew for attacking them. And again these were not disputes over 
specifics.
  Hamas and Hezbollah both agreed there should be no Israel. These are 
people who want to return not to the borders of 1967, but to the 
borders of 1947 when there was no Israel. Now, no democratic nation can 
be expected to not respond, and that is what we have, a response to 
attacks across the internationally recognized border of Israel by 
people committed to destroying its very existence from territories from 
which they withdrew. So the attacks were clearly justified.
  Then the question is, well, how have they conducted the war? I think 
there were things that they should not have done. I wish they had not 
bombed the power plant in Gaza. But, you know, I look at what Israel is 
doing in Lebanon, and I must tell you what it most resembles in my 
recent memory, the American action in Yugoslavia when we bombed and 
bombed and bombed Belgrade and much of Yugoslavia, much of Serbia, to 
get them to withdraw from Kosovo. That was not a conventional military 
action. Now, I must note that Israel has not at this point taken out 
any embassies. We in the Yugoslav war took out the Chinese Embassy. We 
bombed convoys.
  Sadly, when people go to war, innocent people die. That is why I am 
very reluctant to vote for war. But that happens. But what happened in 
Serbia was America punishing the Serbian territory to get them to 
withdraw from Kosovo, and it worked.
  Now, I understand the pride of the Lebanese Government, but let me 
say this, first of all, in response to my friend from West Virginia. 
The resolution does not demand that the Lebanese Government disarm 
Hezbollah. It demands that the Lebanese do everything within its power, 
within its power, to change things.
  In contrast, the resolution does make an unconditional demand of 
Syria and Iran that they do the right thing. So it does differentiate 
between Lebanon and Syria and Iran.
  Now, let me say, with regard to Lebanon, I am struck by the pride of 
the Lebanese people, but I have to say this. Many of those who are now 
critical of Israel and say, what do you want from poor Lebanon, where 
were they when poor Lebanon needed them? Where were they when the 
Lebanese were unable to get Hezbollah to move? Why did they not get 
involved then?
  In defense of the Israelis, what they are saying is this: Look, a 
U.N. resolution said get Hezbollah away from us, because if they keep 
this up, we will have to retaliate, and nothing happened until they 
started killing Israelis inside Israel, and then Israel retaliated.
  So those who now say, well, you know what, do not blame the poor 
Government of Lebanon, I do not. I blame those in the Arab world and 
elsewhere who could have gone into that situation and avoided this.
  So now the question is what do you do? A simple cease-fire that 
leaves Hezbollah on the Israeli border, in violation of a U.N. 
resolution, free to continue to kill across that international border 
in their pursuit of their effort to destroy the State is not good 
enough. I would like to see us be involved.
  What the resolution says is have Syria and Iran be pressured by the 
rest of the world, including those great humanitarian nations of Russia 
and China and elsewhere that have expressed opinions here; let them 
intervene not simply to stop the shooting, but to get Hezbollah away 
from that border. Then it will be reasonable to ask Israel to stop, and 
I believe they want to.
  So it is not simply release the soldiers today so four more can be 
captured and more people killed tomorrow. Let the international 
community show its real concern for the Government of Lebanon by 
providing them with the assistance they need to move Hezbollah away.
  Let Hamas honor the fact that Israel withdrew at great political 
internal cost from Gaza and not use that as a lunching pad for their 
efforts to destroy Israel.
  So I must say, I think it is justified in terms of the response, in 
terms of the way it is conducted. Yeah, it is messy and bloody, and 
innocent people die, and that is why you try to avoid those situations, 
and why Syria and Iran should be pressured to get Hezbollah to move 
back so we can put an end to it.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 1\1/2\ minutes to the 
gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Mr. Speaker, Hamas and Hezbollah attacks against one of 
our closest friends and best allies, Israel, are acts of war, and they 
have Iran and Syria's fingerprints all over them.
  As chairman of the National Security Subcommittee with direct focus 
on the Middle East and the Islamist terrorists that breed there, I am 
grateful we are

[[Page 15121]]

promptly considering this bipartisan resolution to say to Israel, to 
the international community, and, most importantly, to the terrorists 
and the nations who support them that this Congress unequivocally 
stands by Israel.
  We condemn the terror attacks against it, and we pray for the 
peaceful resolution of this crisis and to the end to the loss of 
innocent lives on both sides.
  The prisoner exchange called for by some must be put off the table. 
Doing so legitimizes Hamas and Hezbollah's actions and will only 
embolden them and the Syrian and Iranian Governments that back them to 
launch similar attacks in the future. The resolution of this crisis 
must include the nonnegotiable safe return of the kidnapped Israeli 
soldiers, and the guarantee of the security of Israel's borders, 
including the full implementation of the U.N. Security Council 
Resolution 1559.
  Mr. PAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the gentleman from California (Mr. Lantos) derogatorily 
said there is no room to talk about neutrality, as if it were a crime. 
I would suggest there is room for an open mind to another type of 
policy that may save American lives.
  I was in the Congress in the early 1980s, and then I left Congress, 
and I just come back recently. But I was here when the Marines were 
sent in to Lebanon, and I strenuously came to the floor before they 
went, when they went, and before they were killed, arguing my case. And 
then they were killed. Ronald Reagan, when he sent the troops in, said 
he would never turn tail and run.

                              {time}  2000

  Then, after the marines were killed, he had a reassessment of the 
policy. When he wrote his autobiography a few years later after leaving 
the Presidency, he wrote this.
  He says, ``Perhaps we didn't appreciate fully enough the depth of the 
hatred and the complexity of the problems that made the Middle East 
such a jungle. Perhaps the idea of a suicide car bomber committing mass 
murder to gain instant entry to Paradise was so foreign to our own 
values and consciousness that it did not create in us the concern for 
the marines' safety that it should have.''
  In the weeks immediately after the bombing, I believe the last thing 
that we should do was turn tail and leave. Yet the irrationality of 
Middle Eastern politics forced us to rethink our policy there. If there 
would be some rethinking of policy before our men die, we would be a 
lot better off. If that policy had changed towards more of a neutral 
position and neutrality, those 241 marines would be alive today.
  Mr. Speaker, I yield 4 minutes to the gentleman from Louisiana (Mr. 
Boustany).
  Mr. BOUSTANY. Mr. Speaker, let me start by commending the esteemed 
chairman of the International Relations Committee and the distinguished 
gentleman, the ranking member, for bringing this very powerful 
resolution to the floor.
  I agree with this resolution. I vehemently, vehemently condemn the 
violence and terrorist activity of Hamas and Hezbollah. I also 
vigorously support the right of Israel to defend itself against these 
terrorist acts and to do what is necessary under these dire 
circumstances.
  But let me also say that this resolution is incomplete, and I don't 
think it is fully reflective of what U.S. policy should be. Much has 
been said about Resolution 1559. Much has been said about Lebanon, that 
poor small country that has been victimized time and time again.
  What of Lebanon? There is a nascent democracy there, despite the 
challenges, despite the years of conflict, a nascent democracy that is 
budding. I think this resolution should give lip service to those 
Lebanese patriots who are trying to build this democracy. The Siniora 
government, we should not do anything that would undermine this nascent 
democracy and Prime Minister Siniora's attempt to build an economic 
country, a country that is going to have opportunity.
  Security Council Resolution 1559, whose fault is it? We know that 
this nascent democracy in Lebanon doesn't have the capability to defend 
itself. It doesn't have a very well-formed armed services. We know that 
Israel could not drive Hezbollah out.
  How can the small force that Lebanon has do such? Whose fault is it? 
The international community, the U.S.? This has been a failure of 
policy. One thing that is clear is that this Security Council 
Resolution 1559 has to be enforced unequivocally, and Hezbollah must be 
disarmed in any way that is possible. This is going to take an 
international effort. Once there is international consensus that this 
resolution will be enforced, then we need to put together the coalition 
to enforce it.
  I am going to conclude. I am not going to take the full time, but I 
am going to say that America should not turn its back on any of its 
allies, and that certainly includes Israel. But it should also include 
that vulnerable State of Lebanon.
  Mr. LANTOS. Mr. Speaker, I want to commend my good friend from 
Louisiana for his very thoughtful statement, and let me just add that 
if Hezbollah is, in fact, defanged, the primary beneficiary will be the 
people and the State of Lebanon.
  Mr. Speaker, I am very pleased to yield 3\1/3\ minutes to my 
distinguished friend from Illinois (Mr. Emanuel).
  Mr. EMANUEL. I thank my colleague from California, and I strongly 
support this resolution. Mr. Speaker, on June 25, Palestinian militants 
from Hamas kidnapped and later executed an Israeli soldier. On July 12, 
Hezbollah kidnapped two Israeli soldiers.
  In both cases, terrorist militias affiliated with democratically 
elected governments, violated internationally recognized borders and 
seized three soldiers. In both cases, they were acts of wars. These 
acts turned on its head 25 years of agreement that if Israel would 
leave territories to internationally recognized borders, there would be 
peace.
  It is this turning on its head the reason for the reaction by both 
Saudi Arabia, Egypt and Jordan because it has violated what happened in 
1978 with the giving of the Sinai. It violated what happened in 1993 
with the Oslo Agreement, and it violated what happened in 1994 with 
Jordan.
  What happened here, and nobody should underestimate the consequences, 
is it totally violates not only the internationally recognized border 
but the bipartisan effort, internationalized effort, to bring peace to 
the Middle East, and specifically to the Arab and Israeli conflict. 
That is, Israel would move to internationally recognized borders. Those 
borders would be recognized and peace would happen.
  That effort, if it doesn't end here, and this doesn't get upturned 
with the return of soldiers, that effort of giving up peace by giving 
up real estate, recognizing internationally recognized borders, will 
come to an end. That is why three Arab governments, allies of the 
United States, have acted the way they have acted and recognized the 
consequences and the deep meaning of what happened here.
  That being said, nobody should lose sight for one moment also of what 
has happened here. The so-called democratically elected governments on 
the West Bank and in Lebanon have militias affiliated with those 
governments. So those are democracies. They are not truly democracies, 
they are totalitarian entities with militias and terrorists acting as 
democracies.
  As we talk about bringing democracy to the Mideast, understand that 
that button should be paused for a second and understand the 
consequences here. That what has happened is Saudi Arabia, most 
importantly, Egypt and Jordan, have brought peace and have come to a 
peace agreement with Israel. Those who have violated that peace are, 
quote-unquote, democracies, as we spread democracy in the Mideast.
  Understand what that means here, and the consequences of what has 
happened here, is that you cannot allow this violation of 
internationally recognized borders, three soldiers to be seized, and 
think there will be no act of war. That is what has broadened, and yes, 
many of its citizens will be hurt.
  I want to see an end to the violence that is engulfing Israel and 
Lebanon,

[[Page 15122]]

 but it will not end this violence at the ballot box. It will only end 
with the emergence of true partners who recognize the importance of 
peace and the end of terrorist regimes founded on hate.
  I strongly support this resolution, its spirit, as well as its 
letter.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise tonight in strong support of the resolution 
before us, introduced by our distinguished majority leader and two 
foreign policy giants, our International Relations chairman, Henry Hyde 
and our ranking member, Tom Lantos. We wish that circumstances were 
different in the Middle East, and we regret the loss of innocent human 
life.
  However, silence on our part in the face of these outrageous attacks 
against Israel would only serve to embolden these Islamic terrorists 
and their neighbors. Our stance, therefore, must be clear, Mr. Speaker; 
we condemned these armed attacks against Israel.
  We fully support Israel's right to take appropriate action to defend 
itself in the face of these existential threats, and we must hold not 
just Hamas and Hezbollah but also Iran and Syria accountable.
  Mr. Speaker, the current conflict in the Middle East is not simply 
the result of these most recent developments. Rather, it results from 
the efforts of the chain of interrelated extremist entities and their 
state sponsors who threaten not just Israel but our own security 
interests as well.
  It stems from a deep-seated desire to destroy the State of Israel, 
or, as the Iranian leader has said, to wipe Israel off the map. It 
stems from Iran's desire to export its revolution and to exert regional 
domination. It is based on a world view that led to the taking of 
American hostages in 1979, who were held for 444 days, and that hatred 
against the U.S. as not gone unabated.
  The events of the recent weeks find their roots in an alliance 
between Iran and Syria and their terrorist proxies, which, throughout 
the years, have caused the deaths and injuries of countless Israelis 
and Americans alike. Current developments are also linked to the 
failure of the United Nations to ensure full implementation of Security 
Council Resolution 1559 requiring Hezbollah to dismantle and disarm.
  Over the past year, Israel has shown tremendous restraint in the face 
of continued assault from Islamic extremists. Despite Israel's 
withdrawal from Gaza last year, terror attacks targeting innocent 
Israeli civilians continued and, in fact, have increased.
  In the last year extremists in Gaza have launched over 1,000 rockets 
at Israelis. Weapons, money and manpower were smuggled to Gaza through 
tunnels, enabling continued terrorism and transforming the areas 
controlled by the Palestinian Authority into havens for international 
terror groups like al Qaeda.
  Hamas and other jihadist groups use such underground tunnels to sneak 
into Israel, to kill two soldiers and kidnap Corporal Shalit in order 
to exchange him for imprisoned, condemned, Palestinian terrorists. The 
situation intensified on July 12 when members of Hezbollah, without a 
hint of provocation, went into Israel and killed three Israeli soldiers 
and took two others hostages.
  Again, this was not an isolated incident by Hezbollah. In the past 
year these extremists launched at least four attacks into Israel. One 
of these took place on November 2005 when Hezbollah launched rockets 
into Israel while a large number of its jihadists infiltrated and 
attacked an Israeli village.
  The enemy should not and must not be underestimated. Iran and Syria 
and other terrorist enablers are engaged in a never-ending struggle to 
improve their relative power position. They have declared war on 
freedom and democracy, and will use any means available to them to 
achieve their ends.
  They not only present a threat to Israel and to the U.S., but also to 
moderate reforming Arab governments in the region. In turn, we must 
resolve, as this resolution clearly states, to work with Israel and 
other U.S. allies to fight these extremists worldwide.
  As Robert Satloff of the Washington Institute for Near East Policies 
recently said, defeat for Israel is a defeat for U.S. interests. It 
will inspire radicals of every stripe. It will release Iran and Syria 
to spread more mayhem inside Iraq, and make more likely our own 
eventual confrontation with this emboldened alliance of extremists.
  By contrast, Satloff adds, victory in the form of Hezbollah 
disarmament, the expulsion of Iran's military presence from Lebanon, 
the eviction of Meshal and friends from Damascus, and the demise of the 
Hamas government in Gaza is, by the same token, also a victory for the 
U.S. and for Western interests.
  Mr. Speaker, this says it all. I urge my colleagues to support this 
resolution.

                              {time}  2015

  Mr. Speaker, I reserve the balance of my time, and I also ask 
unanimous consent that the time for debate on this measure be extended 
for 40 minutes, to be equally divided between the proponent and 
opponent.
  The SPEAKER pro tempore (Mr. Campbell of California). Is there 
objection to the request of the gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, further, I yield 10 minutes of my time 
to the gentleman from California (Mr. Lantos), the ranking member of 
the Committee on International Relations, and ask unanimous consent 
that he be permitted to control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Mr. PAUL. Mr. Speaker, I yield myself such time as I may consume.
  I just want to make a couple of comments before yielding. It has been 
well advertised about the three prisoners that have been taken, the 
three Israeli prisoners. Everybody in the country knows about it. What 
I find a bit interesting is that some people estimate between 8,000 and 
10,000 Palestinians and Lebanese are in prisons and under the authority 
of the Israeli police and government.
  It is also known that one-third of the Cabinet of Palestine have been 
arrested and held hostage by the Israeli Government, and once again, I 
think this is a distortion of what is going on. It is hard to get the 
information out to find out exactly what is happening in this area.
  Also, I would like to make one additional point that it is very easy 
to criticize the Government of Lebanon for not doing more about 
Hezbollah. I object to everything Hezbollah does because I am a strong 
opponent to all violence on both sides. So I object, too, but I also 
object to the unreasonable accusations that the Government of Lebanon 
has not done enough, when we realize that Israel was there for 18 
years, and Hezbollah did not get any weaker, and they are stronger than 
ever. So I think, again, a little bit of balance is worth considering.
  Mr. Speaker, I yield 6 minutes to the gentleman from California (Mr. 
Issa).
  Mr. ISSA. Mr. Speaker, I would like to thank the gentleman from Texas 
for yielding, and yielding, I note, time in opposition.
  I will be voting for this important resolution, not because it is 
perfect. As a matter of fact, I think the one consistent thing that, 
Mr. Speaker, you are going to see tonight is not one, not two, not 
three, but all four of the Members of Congress on both sides of the 
aisle whose families emigrated from Lebanon basically 100 years ago or 
more are finding that this resolution does not say enough.
  Mr. Speaker, I want to bring to the attention and will be including 
in my remarks H. Res. 926, which was submitted as a draft to the 
Committee on International Relations and to the Subcommittee on the 
Middle East on which I serve on both.
  For those who think that Members of Congress who come from Lebanese 
ancestry would somehow think differently than many of the rest, I would 
like to share just a few short portions.
  First of all, the opening of the resolution: ``Condemning the 
kidnapping of

[[Page 15123]]

Israeli soldiers by Hamas and Hezbollah, affirming the right of Israel 
to conduct operations to secure the kidnapped soldiers, urging all 
parties to protect innocent life and civilian infrastructure, and for 
other purposes.''
  Many of the passages are similar, but some notably are different than 
the resolution being considered tonight. It goes on to blame directly 
Nasrallah, the Secretary General of Hezbollah, responsible for these 
attacks and responsible for taking hostages.
  It further, in its whereases: ``Whereas Iran, Syria, and elements of 
the Government of Lebanon have a well-documented history of supporting 
the terrorist groups responsible for these kidnappings.''
  And, Mr. Speaker, it is important to note that the Lebanese Americans 
were the first to come out and say in no uncertain terms that the 
elements in Lebanese society, including those who were elected from the 
occupied south, not occupied by Israel any longer, but occupied by 
Hezbollah, did send representatives sympathetic to Hezbollah.
  But I think what is not said in this resolution and has not been said 
well enough here tonight, in my opinion, is that the Cedar Revolution 
clearly denounced that direction. It went against the illegally 
reelected or illegally extended Presidency of Emile Lahoud, and it made 
very clear by backing the so-called Saad Hariri bloc, the bloc of the 
assassinated former Prime Minister in securing a multidenominational, 
across-the-board, including Shi'a, government that wants a sovereign, 
independent and peaceful Lebanon.
  Unfortunately, the resolution we are considering tonight does talk 
about the failure of the Lebanese Government. I think that is fair, but 
it is only fair if we also include the failure of the United States 
Government.
  We have provided nothing to the Lebanese since they bravely stood up 
to Syria, demanded their withdrawal, rioted in the street, were bombed 
and killed for their attempt to give themselves that freedom and 
liberty. We have not provided them any kind of capability of going to 
the south and enforcing. We have talked about it. We have planned to do 
it. The administration has prepared to do it. Our committees have 
explored it, but today, as of yet, we have not yet done what we must 
do.
  Mr. Speaker, I call on this committee that is here today on this 
floor to dedicate itself to immediately upon us coming back to work in 
the morning begin the process of providing the lawful Government of 
Lebanon the ability to, in fact, send those troops to the south to, in 
fact, displace Hezbollah. It is going to take time, energy, money and 
training.
  We are spending billions of dollars every month arming the Iraqi 
people so, in fact, they can replace a government that we had to 
topple. The Lebanese already toppled a government that had been a 
puppet of Syria and Iran for a long time, and they, in fact, were the 
movement that led to Syria being forced out after decades of 
occupation.
  The Lebanese have earned the right, and this resolution in part says 
that, they have earned the right to have that ability, and we have to 
give them that ability.
  So I go further than simply say I hope we will. I demand that if we 
care enough about the words we say in our resolution tonight and in H. 
Res. 926, which is the underlying document submitted by four Lebanese 
Americans, if we care enough to denounce Hezbollah for what they have, 
and Iran and Syria for what they have done, then we have to be willing 
to confront them in Lebanon, something we have not been willing to do.
  So, tonight I stand with Israel's right to get its kidnapped soldiers 
back. I stand with Israel's right to reduce the ability of Hezbollah to 
rain rockets down on Israel, but I also stand with the people of 
Lebanon who have been traded like pawns again and again and say, yes, 
let us pass this resolution, but let us also start in the morning to do 
the job so that the next resolution, when it says the Lebanese 
Government has failed to do something, it will not also have the right 
to say the Lebanese Government did not have a snowball's chance in a 
summer in Hades of actually doing it.
  A government with armored personnel carriers donated by the U.S. 
Government in the 1970s made of aluminum is not going to take on 
Hezbollah, not if tanks from Israel could not do it in 18 years.
  So, yes, I am voting for this resolution. I appreciate the gentleman 
giving me time from the opposition, but I want to include H. Res. 926 
in this debate, and I want to include the statement by the four 
Lebanese Americans that, yes, we will support Israel, but we want to 
support Lebanon's ability to be free and independent, and that will 
take a commitment starting tomorrow morning.

                              H. Res. 926

       Whereas on June 25, 2006, Israeli Defense Forces Corporal 
     Gilad Shalit was kidnapped and taken hostage by a Palestinian 
     militant group that included members of the military wing of 
     Hamas;
       Whereas Hamas political leader Khaled Meshaal, in Damascus, 
     Syria, has acknowledged the role of Hamas in holding Corporal 
     Shalit hostage;
       Whereas on July 12, 2006, operatives of the terrorist group 
     Hezbollah carried out an attack in Israel, killing three 
     Israeli soldiers and taking two others hostage;
       Whereas Hezbollah Secretary General Hasan Nasrallah has 
     acknowledged Hezbollah's responsibility for the attack and 
     taking hostages;
       Whereas Iran, Syria, and elements of the Government of 
     Lebanon have a well-documented history of supporting the 
     terrorist groups responsible for these kidnappings;
       Whereas President George W. Bush stated on July 13, 2006, 
     ``[t]he democracy of Lebanon is an important part of laying a 
     foundation of peace'', that the government of Lebanese Prime 
     Minister Faoud Sinoria must not be undermined during the 
     current crisis, and that Syria and Iran must be held to 
     account for their shared responsibility in the recent hostage 
     taking; and
       Whereas Secretary of State Condoleezza Rice stated on July 
     12, 2006, ``All sides must act with restraint to resolve this 
     incident peacefully and to protect innocent life and civilian 
     infrastructure.'': Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) condemns Hamas and Hezbollah for engaging in the 
     reprehensible terrorist act of taking hostages;
       (2) affirms the right of Israel to conduct operations, both 
     inside and outside its own borders and in the territory of 
     countries supporting the hostage takers, in pursuit of the 
     release of hostages;
       (3) notes that all governments that have provided continued 
     support to Hamas or Hezbollah share responsibility for the 
     hostage taking and urges these countries to use all efforts 
     to secure the unconditional release of the hostages;
       (4) urges all parties to protect innocent life and civilian 
     infrastructure;
       (5) declares its continued commitment to aiding Israel and 
     the administration of President George W. Bush in battling 
     terrorism and securing the unconditional release of hostages; 
     and
       (6) expresses its condolences to all innocent victims of 
     recent violence in Israel, Lebanon, and the Palestinian 
     territories and their families, including those of the three 
     Israeli hostages.

  Mr. LANTOS. Mr. Speaker, I want to commend my friend from California 
for his very thoughtful observations, and I am pleased to yield 3 
minutes to the gentleman from New York (Mr. Rangel), the distinguished 
ranking member of the Ways and Means Committee, my very good friend.
  Mr. RANGEL. Mr. Speaker, I thank the gentleman for this opportunity.
  I stand in strong support of this resolution. Some may say, well, how 
could you be against the war and supporting this? Well, I think it is 
good historic sense, it is good moral sense, that any sovereign nation 
that gets attacked should have the opportunity and be given support for 
defending herself.
  Clearly, when we went into Iraq, we had no clue as to who the 
terrorists were. They certainly were not in Iraq. There were no weapons 
of mass destruction, no connection between Saddam Hussein and 9/11.
  But here we have a nation that has been invaded. People have come 
into their country, killed their soldiers, kidnapped their soldiers, 
and rain rockets on them, and the surprising thing that we find here is 
that we find something to that. As an American, I cannot imagine the 
hostility I would feel and the support I would give in retaliation if 
something like that happened to our country.

[[Page 15124]]

  What amazes me, however, is that for the first time people have 
recognized that the terrorists are not just after the United States and 
Israel. The terrorists are after every decent thing that we believe in, 
and at long last the Governments of Jordan and Egypt and Saudi Arabia 
has seen that these terrorists, that somehow we found out that they 
believe that not being at war with Israel is the same as being at peace 
with Israel, but recognize in that area some of the Arab countries that 
we give support to, economic and trade support, still held hostile the 
people in Israel and resented the right for Israel to exist.
  I think this is a great opportunity to bring those Arab nations 
together, to let them know that they are just as vulnerable for the 
people that they have supported, and even though the animosity seems to 
be going toward Israel, is toward them, is toward the United States, is 
toward everything that we believe.
  So, if we do have crown princes and kings and Presidents unable to go 
to the ranch and discuss whatever they do, and if Israel does not come 
up as a place where they teach hatred and anti-Semitism, why not take 
advantage of this opportunity to tell the Arab countries in the region 
that this is the time for all of us to come together not just in a 
willing coalition, but in a coalition for peace, and to make certain 
that we cut this cancer out not just because of Israel, but because of 
the free world?
  The Hamas and the Hezbollah have to really cut this cancer out of our 
society now, and it gives us an excellent opportunity to bring the 
friends of the United States and the so-called friends of Israel 
together to see whether or not we can make certain that these people 
are not a threat to Israel and not a threat to the neighboring 
countries and not a threat to the great United States of America.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield to the gentleman from Florida 
(Mr. Foley) for a unanimous consent request.
  Mr. FOLEY. Mr. Speaker, I thank the gentlewoman. I rise in support of 
H. Res. 921, condemning the recent attacks against the State of Israel.
  On June 25th, Israeli soldier Corporal Gilad Shalit was kidnapped and 
is still being held hostage in Gaza by Hamas.
  On July 12th, Hezbollah in southern Lebanon killed three Israeli 
soldiers and took two others hostage and began bombarding Israel with 
rockets.
  In the past week, over 700 rockets and mortars from Gaza and Southern 
Lebanon have hit Haifa (Israel's 3rd largest city) and numerous other 
cities and towns.
  These unprovoked attacks appear to be coordinated by Iran and Syria--
probably to take the issue of Iran's nuclear development off the front 
burner.
  When Israel withdrew from Southern Lebanon several years ago, it did 
so with the understanding that the Lebanese Army would secure the area 
from Hezbollah. To this date, the Army has yet to move into the area 
and take control.
  Some have suggested that the U.S. urge Israel to restrain itself--
that it should negotiate and stop their attacks. The problem is, as 
Amb. Bolton said today, there isn't anyone to talk to. The Palestinians 
are being governed by Hamas and Lebanon is still being controlled by 
Syria--both terrorist regimes.
  Israel must take any action it sees fit to defend themselves and 
prevent the abducted soldiers from being taken to Damascus or Tehran.
  Iran needs to be put on notice. We know what you are doing and it is 
not going to work.
  I know that the Palestinian and Israeli people are committed to 
peace. The Hezbollah and Hamas scourge, who are the only ones 
undermining a long-term peace, must be wiped off this earth.
  I pray that this situation resolves itself quickly and that we can 
continue to move forward with the Middle East peace process.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 2 minutes to the gentleman 
from New Jersey (Mr. Smith), the chairman of the Subcommittee on 
Africa, Global Human Rights and International Operations.
  Mr. SMITH of New Jersey. Mr. Speaker, I thank my good friend for 
yielding.
  Mr. Speaker, the events in Lebanon during the past week are yet 
another wake-up call to those who have perhaps complacently thought or 
believed that the global war on terrorism has somehow abated. It has 
not. Israel is, in fact, on the front lines of this war as we meet.
  Mr. Speaker, we all know there is nothing whatsoever benign or noble 
or praiseworthy about the terrorist groups such as Hamas or Hezbollah 
and their state sponsors Syria and Iran. They not only refuse to 
recognize Israel's right to exist, they want Israel wiped off the face 
of the map.
  They actively seek Israel's demise, its destruction, by both their 
words and their deeds. Their hate-filled, fanatic, perhaps even 
psychotic, suicide bombers bomb, shoot and wreak havoc on the lives of 
countless unarmed innocent men, women and children through the 
terrorist intifada campaign.
  It is abundantly clear that Hezbollah has violated the sovereign 
territory of Israel by launching unprovoked rocket attacks and ground 
forces incursions into undisputed Israeli territory, resulting in the 
death and hostage-taking of Israeli soldiers.

                              {time}  2030

  While Israel has withdrawn from Lebanon, in full compliance with U.N. 
Security Resolution 425 in June of 2000, and unilaterally withdrawn 
from Gaza in September of last year, the Government of Lebanon has been 
unable or unwilling to disband and disarm Hezbollah in implementation 
of U.N. Security Council Resolution 1559.
  I want to thank Dr. Boustany for his comments earlier. And I think it 
was important that he injected it into the debate that there is this 
inability, perhaps, on the part of the government. And I think we need 
to do more ourselves to help them to rid themselves of this cancer 
called Hezbollah. Hezbollah clearly is not only a grave threat to 
Israel, as we all know, but it is a grave threat to the freedom-loving 
people of Lebanon as well.
  This resolution puts us clearly on the record stating where we stand, 
and I am so glad that I think there will be great support for it.
  Mr. PAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, there has been a lot of accusations made about who 
precipitated the crisis, the charges made that it all occurred because 
three prisoners were taken, and that Hezbollah and Hamas deliberately 
provoked the situation. And it may well be true. I have no idea exactly 
what is true.
  But there are others who have indicated that they believe that it was 
precipitated mainly with the intent of our foreign policy, along with 
Israel's foreign policy, as an initial step to go into Iran. We have 
talked about Iran around the House and around Washington, and there are 
a lot of people very, very concerned. Our administration talks about it 
all the time; taking out Iran, taking out the nuclear sites. But to do 
that, the theory is that these missiles had to be removed and, in a 
practical military sense, that seems very reasonable. So there could be 
the deliberateness of Hamas and Hezbollah precipitating the crisis for 
whatever gain they think, or deliberately precipitated by both the 
United States and Israel with the intent to follow up with bombing in 
Iran. And I am frightened about that. I think that may well occur.
  I have talked to a lot of military people, a lot of CIA people, who 
actually believe this is a possibility within months. And this is the 
reason I have such great concern about what is happening in this area 
of the country, because if us going into Iraq didn't go so well, can 
anybody imagine what is going to happen when the bombs start to fall on 
Iran? I think it is going to be catastrophic. And there has been talk 
on television this past weekend, the beginning of World War III. And 
this war is about to spread, and this is the reason that I oppose this 
resolution, because, deep down in my heart, I believe that what we do 
here helps to provoke things and agitate things and bring us closer to 
a greater conflict. And I am just arguing that there is an alternative 
other than violence to settle some of these problems.
  Now, a lot of bombs have fallen on both sides, and of course, if they 
are coming from Lebanon, Syria and Iran are blamed, and they may well 
deserve the blame. But we haven't talked about

[[Page 15125]]

who gets the blame for the other side. More people are getting killed 
on the other side. And as we mentioned before, innocent people are 
killed, and a lot of nonmilitary targets have been hit, farms and 
buildings and electrical plants and airports that have nothing to do 
with the military.
  And yet the reason I believe this is going to be worse is because we 
see it in this country the way we want to see it. And we have no 
willingness to think about how it might be seen elsewhere, like how is 
it going to be seen by 1 billion Muslims around the world? And you 
know, quite frankly, every single bomb that is dropped by Israel, by 
their calculation, and they have reason to believe so, those are U.S. 
bombs. Those are our airplanes. We paid for them. And they get the 
money to buy these weapons. So whether it is deliberate or whatever, it 
doesn't matter. It is the perception by the Muslims who are radicalized 
by this.
  You can't deny it. There are more radicals today than there were 2 or 
3 years ago. And the reason why I am worried about this is we are now 
getting the information about the reaction to 9/11. 9/11 occurred, and 
the immediate response by many of our leaders and the administration 
said, let's go to Iraq. People would say, well, why Iraq? Well, we have 
been planning on it all along. This is the opportunity.
  As soon as this crisis built, we heard very similar comments. Let's 
go to Iran, you know, to go forward.
  There are others who suggest that this crisis has come about not out 
of our strength, but out of our weakness. If Hezbollah and Hamas has 
deliberately done this, they might have calculated we have been 
stretched fairly thin around the world and with Iraq, and know that a 
lot of the American people and the taxpayers are getting tired of the 
war, so they may have seen this as a sign of weakness on our part. But 
then the ``neocons'' say, yeah, that may well be true, that is why we 
have to be tougher than ever. We have got to unleash the bombs. We have 
got to consider nuclear weapons, and back and forth and back and forth, 
until one day we are going to get ourselves in such a fix that World 
War III will be here and it will be irrevocable.
  And there are some people who sort of like this idea. There are some 
``neocons'' who thrive on chaos, because their theory is they want 
regime change. They want regime change in Syria, and they want regime 
change in Iran. They wanted it in Iraq. And we are, by gosh, we are 
going to have regime change, and they are going to be our friends and 
they are going to be democrats. We are going to have democratic 
elections.
  So we go to war and our men and women die. We spend all this money, 
and we have elections. And then sometimes we don't like the results of 
the elections, so we ignore them.
  What if we had elections in Saudi Arabia? What if we had elections in 
Egypt? And then what if their radicals were elected?
  So we are fighting and dying to spread democracy. And it is probably 
one of the most dangerous things for us with our current foreign 
policy, is that when they do vote and elect Hezbollah and Hamas, then 
we have to reject the principle of democracy.
  Self-determination is a great principle, and we should permit it and 
encourage self-determination. But encouraging elections under these 
circumstances, and by force, in hopes that we get our man in charge 
just doesn't work.
  I think we are going to have regime changes, a lot more regime 
changes than most people want around here. I think the regime changes 
are coming in Saudi Arabia, and I think there will be a regime change 
maybe in Egypt. Who knows? In Libya. And you are going to be very 
unhappy with those regime changes.
  So, yes, it was well intended to have regime change in Iraq. But what 
has it gotten us?
  And now we want to spread that philosophy and have more regime 
changes, and who knows what the results are going to be? They are not 
going to be good. They are going to backfire on us.
  You know, when Osama bin Laden responded to why, he had a list of 
reasons on why he encouraged or directed the attack on 9/11. And the 
one thing that he listed we shouldn't ignore, because as bad as that 
individual is, and as violent as he is, nobody has ever proven he tells 
lies. Nobody has ever proven this. Nobody says he is a liar. So we 
ought to listen to what he says.
  And one of the reasons that he listed for this was back in 1982, back 
to the problems we had in Lebanon, there were 18,000 Lebanese and 
Palestinians killed. And who knows whose bombs and who was doing it? 
But you know, we were in there, although our troops weren't fighting 
and we left, but Israel was involved, 18,000. But regardless of whether 
or not we directed it or wanted it is irrelevant. The conclusion was 
that we were participants, and it rallied his troops and helped him 
organize to get people so hateful that they were willing to commit 
suicide terrorism and come here.
  Now, we can ignore it and say, well, he is a liar. That is not the 
reason they did it. But we do that at our own peril.
  Now, one of the reasons why I believe that it wouldn't be difficult 
to put the label USA on these weapons, obviously the airplanes have 
been built here. But what about the money? How much money have we given 
for weapons?
  Between 1997 and 2004, and that doesn't even count the last 2 years, 
we gave over $7 billion in weapons grants. It wasn't a loan. It was a 
weapons grant.
  Now, the neat thing about this, this was an economic deal because it 
was beneficial because under the foreign military financing program 
that we have, Israel is required to spend 74 percent of that back here. 
So you are talking about a military-industrial complex, a pretty good 
deal. You know, we subsidize them, send the money over here, it comes 
over here, and our arms manufacturers make even more money and then dig 
a bigger hole for us in foreign policy and contribute to the many 
problems that we have. And that amount of money, they get $2.3 billion 
of these military grants, and they automatically increase it $60 
million per year. So it is locked in place.
  Now, you say, well, that is money for our ally. And fine, if it was 
used for defense, maybe. But if it is used to antagonize 1 billion 
Muslims and there is no willingness to even consider the fact that we 
should look at it in a balanced way, and instead it is ridiculed and 
said, oh, this is ridiculous to think of neutrality or balance and 
think about both sides, and the innocent people dying on both sides 
should be considered.
  So we are moving toward a major crisis, a major crisis financially 
and a major crisis in our foreign policy. I don't believe we can 
maintain this.
  So even if you totally disagree with our aggressive empire building 
and policing the world, let me tell you, I am going to win the 
argument, because we are running out of money. We are in big debt, and 
we are borrowing it. We borrowed $3 billion a day from countries like 
China and Japan and Saudi Arabia to finance this horrendous debt. And 
it won't be, it can't be continued. The dollar will eventually weaken. 
You are going to have horrendous inflation. Interest rates are going to 
go up, and it is going to be worse than the stagflation of the 1970s.
  And domestic spending is never curtailed. We have been in charge of 
the Congress and the Presidency for several years now, and the 
government gets bigger, probably faster than it was getting before.
  So we are facing a crisis that is liable to escalate and get out of 
control in the Middle East. At the same time, it has a bearing on our 
finances, because when it contributes to the deficit, there is a limit 
to how much foreigners will loan to us. We have to print the money. We 
have to go to the Fed, create new money. That is the inflation.
  And what does it do to the cost of oil? Inflation pushes the cost of 
oil up. That should be a concern to everybody. And at the same time, 
the production of the oil didn't work. I mean, the oil production went 
down in Iraq.
  What happens if this happens to be true? I actually pray that I am 
completely wrong about this. And you can say, well, you are, so don't 
sweat it. But what if I am right? It is frightening, because if this 
leads to bombing

[[Page 15126]]

in Iran, look for oil at $150 a barrel. Then the American people will 
wake up. They will say, hey, what's going on here? Why is gasoline so 
expensive? It is expensive because we have less production out of Iraq, 
and it is expensive because the value of the dollar is going down. And 
it is expensive because they are anticipating that this crisis is not 
going away, and what we do are antagonizing the world.
  So, once again, I come to this from a slightly different viewpoint 
than those who like to pick sides. There is nothing wrong with 
considering the fact that we don't have to be involved in every single 
fight. That was the conclusion that Ronald Reagan came to, and he was 
not an enemy of Israel. He was a friend of Israel. But he concluded 
that that is a mess over there. Let me just repeat those words that he 
used. He said, he came to the conclusion, ``The irrationality of Middle 
Eastern politics forced us to rethink our policy there.''
  I would like you to rethink our policy, not only there, but the kind 
of policy that led to 60,000 people dying in Vietnam and then walking 
away. And what happened after we walked away? We are better off than 
ever. We had a naval ship going into Vietnam just recently. We trade 
with them. We do deals with them. Yet it was a total fiasco and a total 
loss because of the way we went to war.
  And this is also the reason that I am determined to persist that if 
we take our country to war, that we ought to be responsible. We should 
never send these kids and young people to war without a declaration, 
win the war, and get it over with. When we don't declare it, it goes on 
and on and on. We don't win them.
  And literally, this Persian Gulf War, and this Iraqi war, it has been 
going on since 1990. We never stopped bombing Iraq, never stopped 
bugging them, and antagonizing them and inciting them.
  So it is not a sign of weakness to talk about neutrality. It is a 
sign of strength that you have a little bit of courage and you believe 
in your own system. If we want to spread our values, it is a good way 
to do it. Set a good example. Put our financial house in order. Treat 
people evenly, and trade with people, and talk to people and travel.
  But don't think that we can force our values at the point of a gun, 
and think they are all going to be democratic elected governments that 
we are going to be pleased with. It is not going to happen.
  So there is reason to reconsider the total policy that has been 
followed in this country essentially for 100 years. And it hasn't been 
productive for us. Essentially, Woodrow Wilson started it. We are going 
to make the world safe for democracy. And look how safe the world has 
been since Woodrow Wilson introduced that. We are less safe than ever. 
And our financial condition is worse than ever.
  And we are running our program, whether it is our domestic welfare 
program or our foreign policy, it is being run on borrowed money. It is 
borrowed money from overseas, and it is also from inflated currency. 
And we can get away with it for a while longer, but let me tell you, 
there is a crisis coming, and it is going to be dealing with the dollar 
and it is going to involve our foreign policy. And then we will, as a 
sign of weakness, we will have to come home. We will have to come home 
because we can't afford the empire. It is not wise to have it, and we 
should have more confidence and more belief that what we have in this 
country, and what America used to stand for, that we should spread that 
message more by setting an example and through a voluntary approach. 
And when that time comes, I think that maybe more people will 
reconsider it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield 3 minutes to the 
distinguished gentleman from California (Mr. Berman), ranking member of 
the International Relations Committee.
  Mr. BERMAN. Mr. Speaker, imagine for a moment that there was a gang, 
an organization of Mexican nationals who believed zealously and 
fanatically that the Southwest of the United States had been stolen 
from them; and that this group of people committed to murdering in 
order to right that wrong, was funded and controlled by countries that 
were dedicated to the destruction of the United States; that this group 
had stockpiled thousands of offensive weapons that could be unleashed 
on our citizens with little or no warning; that it launched an 
unprovoked, cross-border attack from Baja, California, kidnapped two of 
our border patrol agents and killed several others. And it then 
unleashed a massive barrage of missiles on San Diego with the sole 
intent of killing innocent civilians. The American people would demand 
immediate and decisive action. The Congress would overwhelmingly 
approve a resolution authorizing the President to use force, just as we 
did after 9/11. And none of us would be satisfied with a cease-fire 
that allowed the terrorists to regroup and rebuild their weapons 
stockpile. For America at this point, this is just a fantasy. But for 
Israel, this is daily reality.
  For years Israel has lived with Hezbollah's sword of Damocles hanging 
over its head, and it has shown extraordinary restraint in the face of 
repeated attacks. But this latest attack and the kidnapping of its two 
soldiers is a naked act of aggression. Israel did not seek this 
conflict, but it is compelled to take forceful action to defend itself, 
just as the United States or any other sovereign nation would do in 
this situation.
  The loss of innocent lives on both sides is tragic. When I hear Mr. 
Rahall and Mr. LaHood and I watch the images on television, one cannot 
help but want to cry for the damage and the death and the carnage that 
that conflict brings. But there can't be any moral equivalence between 
Israel and Hezbollah. Israel goes to extraordinary lengths to minimize 
civilian loss, while Hezbollah deliberately targets the innocent.
  When we talk of disproportionate response, I would like for someone 
to tell me what the proportionate response is in this particular 
situation.
  Once again, what this does is highlight the central role played by 
Iran and Syria in promoting terrorism throughout the Middle East.
  As Dennis Ross recently observed when Lebanon was withdrawn from, 
when Gaza was withdrawn from, what did Israel get? It wasn't land for 
peace, it was land for war.

                              {time}  2045

  I urge this body to speak strongly in support of expressing its 
solidarity with Israel in these difficult times, and I urge my 
colleagues to support this resolution.
  Ms. ROS-LEHTINEN. Mr. Speaker, at this time I am proud to yield 2 
minutes to the gentleman from Virginia (Mr. Cantor), the chief deputy 
whip.
  Mr. CANTOR. Mr. Speaker, I thank the gentlewoman for yielding, and I 
recognize her leadership and her staff as well as that of the gentleman 
from California in bringing this resolution forward, and congratulate 
them on that.
  Very briefly in response to my good friend from Texas and his view 
and addressing so many different issues, I would just like to say this 
clearly is not a conflict, I think, that Israel finds itself in by its 
own making or its asking.
  As the gentleman from California (Mr. Berman) indicated, Israel was 
once again attacked. It was forced by its enemies, who wished to see it 
wiped off the map, to respond. The actions taken by Hezbollah and Hamas 
are tantamount to nothing less than an act of war against a sovereign 
country. Israel has the right to use every military tool in its arsenal 
to protect its citizens from this invasion and to incapacitate its 
enemy to prevent future attacks.
  This latest conflict of the waging war against the terrorists in the 
Middle East is evidence again that we cannot hope to win that war 
against the Islamic fascists if we ignore their state sponsors. Make no 
mistake about it, Syria and Iran are to blame for the outbreak of war 
in the region, and they must be held accountable. They support 
Hezbollah and Hamas both financially and militarily. The line of terror 
and violence occurring in Israel today and in Lebanon today runs 
straight

[[Page 15127]]

back to Damascus and Tehran. These state sponsors of terror must know 
that their actions are unacceptable and that the free world will no 
longer ignore or tolerate their actions.
  Mr. Speaker, I support this resolution and stand beside our ally 
Israel as it fights the terrorists. This is a battle the free world 
cannot afford to lose.
  Mr. PAUL. Mr. Speaker, I am going to yield 3 minutes to Mr. Rahall, 
but first I would ask how much time I have left after I yield the 3 
minutes.
  The SPEAKER pro tempore (Mr. Campbell of California). The gentleman 
from Texas has 25\1/2\ minutes remaining.
  Mr. PAUL. Mr. Speaker, I yield 25\1/2\ minutes to the gentlewoman 
from Florida (Ms. Ros-Lehtinen) and ask unanimous consent that she be 
allowed to control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I want to thank Dr. Paul for yielding 
me that time, and I yield 12\3/4\ minutes to the gentleman from 
California (Mr. Lantos) and ask unanimous consent that he be allowed to 
control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Mr. PAUL. Mr. Speaker, I yield 3 minutes to the gentleman from West 
Virginia (Mr. Rahall).
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 2 minutes to the gentleman 
from West Virginia.
  Mr. RAHALL. Mr. Speaker, I thank the gentleman from Texas and the 
gentlewoman from Florida for yielding me the time, and I commend him. 
The plethora of scenarios that he has just taken this body through, 
some of which are scary, are certainly scenarios of which we need to 
bring to the American people's attention.
  We have seen the neocons have their way much too often in this 
administration. They got us into the war in Iraq, with some prodding 
from our allies in the region. And now those same individuals would 
have us strike at Iran. Yes, Iran, Syria are culprits in this recent 
kidnapping. There is no doubt in my mind, although there probably is 
not proof out there. Earlier I condemned Hezbollah and Hamas for these 
kidnappings. Were they taking their directions directly from Damascus, 
directly from Tehran? Probably, or at least some wink along the way. Or 
was Nasrallah going off on a tangent on his own? I am sure he did not 
expect the Israeli response that he got.
  I am sure the Israelis have learned something from this latest 
fighting, just what is in the Hezbollah arsenal, missiles that perhaps 
both Israeli Army intelligence and our own did not forecast.
  So perhaps this current scenario that will play out hopefully over 
another week or 2 is a learning experience, a feeling-out experience on 
both sides to determine just what other surprises are up one's sleeve.
  But regardless of that, the gentleman from California (Mr. Berman) 
just accused, and it is a reality, that Hezbollah rockets have hit 
civilians in Israel. Unfortunate. Were they targeted? I hardly think 
the Hezbollah missiles are of the same guidance technology as Israel 
missiles. For the most part, these Hezbollah missiles have been landing 
in barren deserts. That does not seem to be a targeting of civilians. 
And when they do find a target, yes, unfortunately there have been 
civilians that have been hit. Israeli technology and Israeli IDF are 
certainly much more advanced, much more advanced in their guidance 
procedures and in their ability to target their targets.
  The response is Hezbollah has their weapons, their missiles in 
civilian populations, in mosques, in innocent civilian homes. I have no 
doubt that that is accurate. And where that is proven to be, those 
targets are fair game and should be hit. But the Beirut airport, hardly 
a hideout for Hezbollah missiles, hardly a place that Hezbollah would 
use to receive arms, hardly a place that they would take their hostages 
for transportation elsewhere.
  Let me say, Mr. Speaker, I appreciate this debate, the tenor of the 
debate. The quality of the debate has been superb. The time that all 
sides have agreed for an extension is great. This is an important 
issue, and it should be debated as much as this body wishes to.
  But the fact is that the country of Lebanon has never taken any 
hostages. Lebanon has never attacked anybody. Lebanon has been used as 
a chessboard upon which all other countries in the region play their 
games and seek their own motives, whatever those motives may be. The 
Iranians have their motives. The Syrians have their motives. The 
Israelis have their motives.

                              {time}  2100

  The other Arab countries in the region certainly have their motives. 
But Lebanon, the innocent bystander, is the one suffering the damage 
here. They have suffered an unmeasured response.
  The gentleman from California, Mr. Berman, again asked what should a 
response be then if Israel, as I have said, does have the right to go 
after their kidnapped soldiers, and how do you measure what is 
appropriate and what is inappropriate?
  I happen to believe that the Israeli intelligence, as I have said, 
and their technologies, are far superior to Hezbollah, are far superior 
to any country in the region, far superior, and they can use that 
ability, that superiority, to better track where their soldiers may be 
and where they are unlikely to be.
  It is that type of response that they have the right to pursue to the 
fullest extent to go after their soldiers. Not in Christian suburbs of 
Beirut that were hit today. I hardly think that is a hiding point for 
Hezbollah rockets and missiles. I hardly think you are going to find 
Hezbollah there. There were none found there. Yet a very pro-Christian, 
previously thought safe section of Beirut was hit just this afternoon 
by Israeli missiles. So there can be a better consideration of the 
innocent civilians.
  The resolution to which Mr. Issa referred, which we Lebanese-
Americans support, H.R. 926, mentions that protection of innocent life 
and civilian infrastructure in the very beginning up in the first 
paragraph, not the next to the last paragraph, as the current 
resolution before us does.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield 7 minutes to the 
distinguished member of the International Relations Committee, the 
gentleman from New York (Mr. Ackerman).
  Mr. ACKERMAN. Mr. Speaker, it is an old photograph, tattered and 
torn. Its color is sepia, indicating that it is over 90 years old, and 
it hung on the wall in my mom's apartment. She would point it out to me 
when I was a little boy and say, ``This was your grandmother, who you 
never knew. It is a picture of their wedding.'' And the little children 
who sat in front of this wedding portrait were 5, 6, 7, 8 years old, a 
lot of little kids, and she said, pointing to one of them, ``This is my 
Aunt Rachel,'' and to another she said, ``This is my Uncle Joseph.''
  I was tiny. I didn't understand. I said, ``Mom, how can that be your 
aunt and uncle? They are only children.'' And she said, ``They will 
always be children.'' I didn't understand quite what she was getting at 
until I was quite a bit older.
  When World War II broke out, there were 1.6 million Jewish children 
throughout Europe. At the end of the Holocaust, that number became 
under 100,000. The Jewish people were almost eradicated from the face 
of the Earth by the people of the National Socialist Party of Germany, 
the Nazis, who were intent on wiping the Jews from the face of the 
Earth, claiming they had no right to live, no right to exist, in their 
country or anyplace else, and set out on a pogrom. They were nearly 
successful.
  Nobody came to the aid of the Jewish people. People were put in gas 
chambers, their bodies burnt in ovens by the millions throughout the 
world. Nobody came to their aid. Nobody cared. The annihilation of an 
entire people by people who were pure evil.
  It wasn't until the end of the war when the Jewish people and others 
who

[[Page 15128]]

were in these concentration camps saw their first Americans and 
America's allies when they were liberated from those camps, alive 
because of happenstance and circumstance.
  Our good friend, Tom Lantos, and his wife, Annette, a distinguished 
moral force in our Congress, is alive today along with his wife as the 
beneficiary of a noble act of Christian charity by somebody who was a 
stranger. The luck of the draw.
  The Jewish people weren't even organized enough to fight. They 
weren't fighters. They didn't know any better. They had no country. 
They were scattered.
  The world looked at them at the end of the war and said we have to do 
something about this, and they took the area of Transjordan and they 
divided it and created the country of Jordan and the country of Israel, 
a Jewish state, so Jews could have a place to be where they could live 
safely within secure borders. And I know many things have happened and 
part of those borders are disputed today, but that is beside the point.
  Suddenly in this very day and age, what seems to be eons from the 
Nazis and that era, another people rise up and make claim to the world 
out loud, clearly and unambiguously, that the Jewish people have no 
right to be anywhere; that they will wipe them from the region, kill 
them, eradicate them, and drive them from the planet. No different than 
the Nazis.
  Now, those of my friends with such good intentions, and there are 
some here and I have spoken to them and I have listened to them, who 
talk about proportionality, who talk treating everybody equal, who talk 
about measured response, who talk about a cease-fire and going back to 
the status quo, they are well-intentioned, but I want them to look me 
in the eye and tell me what a proportional response means.
  How do you negotiate with somebody whose goal is your eradication? 
Take half my family? Kill every other one of us? What is there to 
negotiate? Do we tell the victim of a violent crime that they have no 
right to fight back as forcefully as they can? Do we tell the rape 
victim that she has no right to fight with all her strength against the 
accused rapist? Nonsense.
  We don't tell that to any other country. And there is only one Jewish 
state on the planet. Don't tell that to Israel. People of the Jewish 
faith and everybody else living in Israel have the right to exist, the 
same right as anybody else, and they have that right to respond. How 
can you deny that?
  Thank God Israel doesn't stand alone anymore. It has one good friend 
in this whole world, and that is this United States. And we are so 
thankful for that. I am very pleased with this resolution. It does have 
the right balance.
  Innocent people die in wars. Not every German was a Nazi, and yet we 
had to fight them because they represented the Nazis. They put them in 
power. They elected them in a democratic election. Elections have 
consequences. Just because you participate in an electoral process 
doesn't absolve of you of your crimes or your sins, especially if you 
rededicate yourself to them. That is what we are facing right now.
  I urge your serious consideration of this resolution and all that it 
implies. Justice demands no less.
  Ms. ROS-LEHTINEN. Madam Speaker, I am pleased to yield 3 minutes to 
the gentleman from California (Mr. Rohrabacher), the chairman of the 
Subcommittee on Oversight and Investigations.
  Mr. ROHRABACHER. Madam Speaker, I rise in support of this resolution. 
And let me note to my friend, Mr. Ackerman, that we understand that 
quite often throughout history, an accurate description of history and 
a look at history will show that there have been many sins committed 
against the Jewish people, and perhaps we can say the most recent one 
is the one that we are just now discussing with these rocket attacks.
  But let us also realize that there have been sins committed against 
the Palestinian people as well. They are people, and they were there. 
And this is a dispute, this is a dispute between the Palestinians and 
the Israeli people that is being exploited by outsiders.
  Let me say that in the past when Israel has been in the wrong I have 
not hesitated to criticize Israel. This is not one of those occasions. 
Israel is not in the wrong. And while we recognize there are people who 
have done good things and bad things, that there are heroes and sinners 
on both sides of the Israeli-Palestinian conflict, tonight we are 
talking about a situation that was created intentionally by those 
people who launched rockets on Israel and left the people of Israel 
with no other choice but to respond militarily.
  Those people who launched those rockets on Israel knew exactly what 
they were doing. In fact, about a month ago the word was spread that 
Hamas was on the verge of cutting a deal with Israel. Then elements in 
Hamas and Hezbollah ratcheted up the violence specifically to undermine 
any opportunity for peace in the region.
  Peace will not be achieved in the Middle East unless we are bold 
enough not just to condemn terrorism, the terrorism specifically that 
leads to the type of violence and bloodshed and chaos that is now 
evident in the Middle East, but we must also back those who act when 
confronted with this type of violence, and in this case it behooves us 
to back Israel in what they are doing today as a result of those 
rockets and those attacks that were made upon Israeli citizens.
  Our sights, however, should not just be set on Hamas and Hezbollah. 
The rockets that slammed into Israel were made in China. They were 
provided to the terrorists who launched them by the mullah regime in 
Iran.
  Long ago, we should have been supporting those pro-democratic 
elements in Iran which totally reject the corruption, repression, 
incompetence, and, yes, terrorist aggression of the feudalistic mullahs 
who rule over them. Now is the time for us to back those democratic 
elements in Iran and put the Iranians on the defensive, rather than 
letting them supply missiles to undermine peace in the Middle East.
  Mr. LANTOS. Madam Speaker, I am pleased to yield 3 minutes to our 
distinguished colleague, the gentleman from California (Mr. Sherman).
  Mr. SHERMAN. Madam Speaker, for 10 years I have come to this floor to 
explain Israel's peril and justify its action. I owe a special debt of 
gratitude to Hezbollah and Hamas for doing a far better job than I ever 
could, for they have announced that their policy is the destruction of 
Israel, the ethnic cleansing of the Middle East of all Jews. Ultimately 
it is a program of genocide. And they are now using the very territory 
from which Israel has withdrawn to kill as many Israeli civilians as 
possible.
  If their efforts have not yet risen to the level of genocide, it is 
only because their rockets often fail to hit their targets. And let's 
not mince words, their targets are always Israeli civilians.

                              {time}  2115

  Israel withdrew from Gaza; kidnappers and missiles come from Gaza 
into Israel. Israel withdrew from southern Lebanon, and now kidnappers 
and missiles come into Israel from southern Lebanon, not just recently, 
but continuously over the last 6 years.
  Five kidnapping raids, thousands of missiles, 6 years of attacks. If 
anyone is going to say that Israel's reaction is disproportionate, let 
them say that Israel is doing too little.
  Let me speak to those who may be skeptical of this resolution. We all 
want peace, and peace can only come if Israel withdraws from certain 
territories. Yet the Israelis must know that when they vacate a 
territory, that territory will not be used as a rocket-launching pad 
against Israel, and that if it ever is, that Israel will have the full 
support of the United States and of this Congress. We cannot have 
peace, we cannot have any Israeli territorial concessions unless we 
show Israel that we will support them when they have made those 
concessions.
  There are those who urge a cease-fire. I hope we get there soon. But 
this all started with rockets and kidnapping, and it would be a phony 
cease-fire unless the soldiers are returned, and unless Hezbollah is 
disarmed as required by U.N. Resolution 1559.
  There are those who talk of prisoner exchanges, but we should not 
tell Israel

[[Page 15129]]

to exchange the guilty for the innocent, nor should we tell them to 
release those who would resume their terror.
  We in Congress should call every major ambassador from Europe and 
demand that Europe list Hezbollah as a terrorist entity and stop 
Europeans from sending money to Hezbollah.
  And, finally, we all need to call the World Bank and say that it is 
time for the World Bank to stop making loans and giving aid to Iran, 
which, after all, is the source of the money and the missiles that 
Hezbollah is using. It is time for the World Bank to stop its loans to 
Iran, and to not disburse funds that have already been approved until 
that government changes its policy.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield 2 minutes to the gentleman 
from California (Mr. Royce), the chairman of the Subcommittee on 
International Terrorism and Nonproliferation.
  Mr. ROYCE. Madam Speaker, as the chairman of the Subcommittee on 
International Terrorism and Nonproliferation, I rise in support of this 
vital resolution in support of democratic Israel, who is facing 
terrorist attacks on two fronts, from Hamas and Hezbollah.
  It is important to have a clear focus on the threat posed by 
Hezbollah. Former Deputy Secretary of State Armitage testified 
Hezbollah may be the A team of terrorists, and maybe al Qaeda is 
actually the B team.
  The former Director of Center Intelligence called Hezbollah a notch 
above al Qaeda organizationally, in part because of its deadly ties to 
Iran.
  Hezbollah receives $100 million annually from Iran, including 13,000 
rockets. These rockets, which have rained down on Israeli citizens, are 
hidden in homes of supporters and in small factories scattered across 
Lebanon. Hezbollah launches unmanned aerial vehicles.
  Hezbollah's TV station, a vehicle for hate which the U.S. has placed 
on its terrorists exclusion list, has 10 million viewers around the 
world.
  Hezbollah is no ordinary terrorist group. Indeed, Israel is 
confronting Islamist terrorism's A Team. Before     9/11, Hezbollah was 
the terrorist group that had killed more Americans than any other. It 
has support cells in Europe, Africa, South America, Asia and here in 
North America. Dismantling Hezbollah is critical for U.S. and Israel's 
security.
  Iran no doubt hopes that the current crisis will distract the world's 
attention away from its pursuit of nuclear weapons. Yet today's crisis 
shows exactly why Iran's ambition must be thwarted, because an Iran 
with nuclear weapons will be even more aggressive in supporting 
terrorism in the Middle East and beyond.
  Mr. Speaker, Israelis are suffering. Lebanese, some of whom, as this 
resolution points out, are being used as human shields, are suffering. 
Too many are suffering at the hands of the Hezbollah terrorists. 
Hezbollah must be disarmed.
  Mr. LANTOS. Madam Speaker, I yield 1 minute to the distinguished 
Democratic leader (Ms. Pelosi).
  Ms. PELOSI. Madam Speaker, Mr. Lantos, it is very hard to capture the 
words to express the difficulty that Israel is facing now for all of 
us. But for you, it must be particularly difficult. I know that you are 
an idealist, I know that you are a realist. I thank you for your 
leadership. We could not be better served than by having you here at 
this very difficult time for the world really, especially difficult 
time for Israel. Thank you for your leadership.
  And at this very difficult time for the State of Israel, this 
resolution reaffirms our unwavering support and commitment to Israel, 
and condemns the attacks by Hezbollah.
  I support this resolution because I believe that the seizure of 
Israeli soldiers by Hezbollah terrorists was an unprovoked attack, and 
Israel has the right, indeed the obligation, to respond.
  Hamas and Hezbollah are committed to the destruction of Israel. What 
more do you need to know? It is clear that Iran and Syria aid have 
helped the effort to achieve that goal.
  The United Nations Security Council has already spoken on the issue 
of dismantling Hezbollah. The Security Council's resolution must be 
enforced by the international community. Syria has repeatedly 
demonstrated it is a rogue state, which is why we passed Mr. Rangel's 
Syria Accountability Act more than 2 years ago. However, we must now 
fully implement all sanctions spelled out in that legislation.
  In order to address the Iranian support of the terrorists, I urge the 
passage of the Iran Freedom Support Act.
  We must ensure that Iran and Syria understand the depth of commitment 
of the United States to the State of Israel by using every diplomatic 
tool at our disposal. For a time in recent years, there was a hope that 
a corner had been turned in the Middle East. The Israeli withdrawal 
from Lebanon, the emergence of a democratic process in Lebanon, and the 
Israeli withdrawal from Gaza were hopeful signs that the future could 
be different from the past.
  Those indications of progress, however, were seen as threats by 
Hezbollah and Hamas, organizations that have a greater interest in 
maintaining a state of hostility with Israel than improving the lives 
of the people they claim to represent. Now, the lives of those people 
and tens of thousands of others in the Middle East, including thousands 
of American citizens in Israel and Lebanon, have been put at risk by 
the aggression of Hamas and Hezbollah.
  As the fighting rages, it is imperative that the combatants take 
whatever steps they can to lessen the risk to innocent civilians. The 
world knows too well the horrors of war. It also knows that there are 
ways to offer some degree of protection to civilians, and it is right 
to insist that those ways be chosen. Using civilians as shields by 
concealing weapons in civilian areas, as done by Hezbollah, is 
inconsistent with affording those protections. The resolution we are 
considering properly condemns that action.
  Protecting civilians also means getting our citizens out of harm's 
way as quickly as possible. I urge the administration to expedite its 
efforts to bring to safety those Americans who want to leave Lebanon.
  When the fighting ends, and I hope that that will be soon, the United 
States must engage in a concerted, sustained effort with other nations 
seeking a joint resolution of the differences between Israel and its 
neighbors. Israel's right to exist is the nonnegotiable starting point 
for that effort.
  I thank again those who were responsible for bringing the resolution 
to the floor, and again commend Mr. Lantos for his leadership, for his 
compassion, and for his wisdom.
  Ms. ROS-LEHTINEN. Madam Speaker, I am pleased to yield 2 minutes to 
the gentleman from Texas (Mr. Hensarling).
  Mr. HENSARLING. Madam Speaker, I thank the gentlewoman for yielding 
me time.
  Madam Speaker, tonight I rise in strong support of this resolution 
and to condemn the recent attacks upon Israel by Hezbollah. All of us 
tonight have the earnest prayer that the current wave of violence can 
end quickly.
  Innocent civilians are being lost in Lebanon and Israel, and the word 
``tragic'' never does the situation justice. But peace can never be 
achieved by asking Israel to put at risk its security and the safety of 
its people. Let there be no doubt, this latest conflict began with 
Hezbollah. Rockets have now rained down upon Israel. Israel has been 
forced to defend her citizens and sovereign territory, and I believe 
that Israel has the moral, historical and legal right to do so.
  Holding the keys to peace in this situation are Hezbollah's state 
sponsors in Damascus and Tehran. They can and must use their influence 
to convince Hezbollah to return the kidnapped Israeli soldiers. By 
doing so, Syria and Iran will finally demonstrate that they are 
prepared to join the world community. Should they not, however, the 
world community must hold them fully accountable for being state 
sponsors of a terrorist organization.
  Also critical to achieving a lasting peace in the region is 
international support for the full implementation of United Nations 
Security Council Resolution 1559. Passed by the United Nations Security 
Council in 2004, the resolution calls on all foreign forces to

[[Page 15130]]

withdraw from Lebanon, and for all militias within Lebanon to be 
disbanded. Its full implementation, Madam Speaker, will promote greater 
independence for Lebanon and greater security for Israel, not to 
mention the rest of the world.
  Since 1948, the United States has stood with and supported the State 
of Israel, as it has defended herself from these who seek her 
destruction and deny her very right to exist. In return, Israel has 
been our staunchest ally in the region as well as a full partner in the 
global war on terror. Let us pass this resolution and assure Israel 
that we will continue to stand by her side in the face of terror.
  Mr. LANTOS. Madam Speaker, I yield 7 minutes to my good friend from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Madam Speaker, I thank the gentleman for yielding me 
time.
  While I share a commitment to the survival of Israel and the right to 
security, I am not going to assert that I know more than my good friend 
Mr. Lantos or my good friend Mr. Ackerman, that I know more about the 
suffering of the people of Israel.
  But I can have compassion for those who have suffered and for not 
just Israelis, but the Lebanese and the Palestinians as well. And it is 
in that spirit that I share with the House my concerns that the 
situation in the Middle East is spiraling out of control, and this 
resolution may not diffuse this crisis.
  I deplore the fact that in the past 8 days, 13 Israeli civilians have 
been killed, 2 Israelis soldiers have been captured, and many more 
killed in raids. I also deplore the fact that in the past 8 days, 300 
Lebanese people have been killed, 1,000 have been wounded, and a half 
million have been displaced from their homes.
  In the past 8 days, democracy in Lebanon has been attacked, perhaps 
grievously. The Prime Minister hinted today in a speech to foreign 
ambassadors that his government may not be able to survive. No 
government can survive in the ruins of a nation, he said.
  The past 8 days of crisis in Lebanon and north Israel follow months 
of escalating violence in Gaza. Numerous innocent Palestinians have 
been killed. Between June 4 and June 13, 14 Palestinian civilians, 
including 5 children, were killed in Gaza.
  On June 9 at a Gaza beach, a blast killed eight Palestinians, 
including an entire family of 7-year-old Huda Ghaliya. Numerous 
innocent Israelis have also been killed.
  On Sunday, July 25, a group of Palestinian fighters, including 
members of Hamas's armed wing, attacked an Israeli post near the Kerem 
Shalom border, which resulted in four Israeli casualties and the 
kidnapping of the Israeli soldier Gilad Shalit.

                              {time}  2130

  Israel began an offensive in Gaza on June 28. Since then, Palestinian 
militants have fired 17 homemade rockets towards Israel. The Israeli 
Army has carried out 168 far strikes and fired more than 600 shells 
into Gaza.
  The Government of the Palestinian Authority is breaking, as 
lawmakers, ministers and members of the police force have been 
arrested. In today's Washington Post, Harold Meyerson published an op-
ed called, ``The Guns of July,'' comparing the past week's escalation 
of violence in the Middle East to the escalation of violence over the 
course of a month in Europe, that began with the assassination of 
Austrian Archduke Ferdinand by a Serbian nationalist terrorist and led 
to World War I.
  He said we are in the midst of what ``may be the brink of a 
cataclysmic regional war with ghastly global implications.'' He wrote, 
``While the two crises and sets of conflicting forces are by no means 
parallel, in each the power of nationalism, the sense of national 
victimization, the need for revenge, the opportunity for 
miscalculation, the illusion of obtainable victory and all-around fear 
and rage loom large. More inexplicably, so does the American absence.''
  The resolution before us today does not rein in the chaos in the 
Middle East. This resolution, it could be said, is limited in its 
ability to rein in war and destruction, which unfortunately may 
continue. Furthermore, by condemning Syria and Iran, this resolution 
threatens to bring the U.S. into a regional war in which everyone would 
lose, including Israel, a longtime friend and ally.
  Moreover, condemning Syria and Iran closes the door for possible 
diplomacy that would be needed to end this conflict. President Bush 
himself acknowledged the value of Syria just yesterday, when he said 
that Syria has the potential to stop the ongoing crisis.
  If the United States wants to help stabilize the region, as we 
should, we must act as an honest broker to all parties involved, the 
Israelis, the Palestinians and the Lebanese. We can do this without 
abandoning our affection and our commitment to the survival of Israel.
  Moreover, the United States should bring in equipment, and Jordan to 
help to mediate this escalating conflict. Recently, Egypt's President 
Mubarak dispatched his intelligence chief to help calm the situation 
between the Israelis and the Palestinians. The intelligence chief 
demanded that a doctor be allowed to see the captive Israeli soldier 
and is trying to mediate between the factions. The U.S. is in a good 
position to mediate as well between the Israelis, Palestinians, and 
Lebanese.
  The U.S. has a history of trying to mediate between the Israelis, our 
longtime ally, and the Palestinians.
  Regarding the Lebanese, it was just over a year ago that this House 
passed multiple bills supporting the people of Lebanon. One bill, House 
Resolution 91, condemned the attacks that killed former Prime Minister 
Hariri and killed and wounded other Lebanese victims.
  The United States stood with the Lebanese people then. Today, nearly 
300 Lebanese people have been killed. The government is on the verge of 
collapse. The Lebanese people need the support of the United States 
now, just as the Israelis need our support.
  What they need and all parties need, what the region needs and what 
the world needs, is for the U.S. to call upon all sides to quickly stop 
the violence. But today's resolution fails to support the Lebanese 
people in their hour of need.
  Today, I introduced a bill, H. Con. Res. 450, calling upon the 
President to appeal to all sides in the current crisis in the Middle 
East for an immediate cessation of violence and to commit U.S. 
diplomats to multiparty negotiations. Only by acting as an honest 
broker can the United States have any authority and success in bringing 
peace to the region, which is crucial at this critical time.
  Remembering the lessons of World War I, if everyone has taken a side 
in a conflict and can't see the need for even-handedness, then 
cataclysm can follow. It is important to be a strong ally. It is fine 
to be a strong ally, but it is not fine to get pulled into a conflict 
because we lacked the vision to be more than one-sided.
  This latest conflict in the Middle East will not be solved 
militarily. The solution will have to come back to diplomacy. The 
current violence makes a diplomatic solution even harder to achieve. 
Yet the resolution before the floor doesn't commit the United States to 
any diplomatic action that could quell the violence and resolve the 
conflict. This is a grave missed opportunity.
  I urge my colleagues to cosponsor my bill, H. Con. Res. 450 to bring 
about peace in the Middle East before the crisis spirals further out of 
control, further damaging the hopes of all people in the region and the 
world.
  I again want to thank Mr. Lantos for his unstinting and unwavering 
commitment to the survival and hopes and dreams of people of Israel, 
because I think that, Mr. Lantos, you and everyone who has spoken in 
defense of Israel, I think all of us want the same thing. We want 
peace, and we want the survival of Israel and all the people.
  Ms. ROS-LEHTINEN. Madam Speaker, I am pleased to yield 3 minutes to 
the gentleman from Arizona (Mr. Hayworth).
  Mr. HAYWORTH. Madam Speaker, just a few short weeks ago, the Prime 
Minister of Israel addressed a joint session of Congress. He said, in 
part, and

[[Page 15131]]

I quote, ``There has not been 1 year, 1 week, or even 1 day of peace in 
our tortured land.'' He went on to say, Madam Speaker, ``Over the past 
6 years, more than 20,000 attempted terrorist attacks have been 
initiated against the people of Israel.''
  Madam Speaker, less than 2 weeks ago, the war which has gone on for 
more than a half century was rekindled with the kidnapping of Israeli 
soldiers, with the strategy manipulated by Iran and Syria, by a 
cynical, sick, cycle of violence that diplomacy has not cured.
  I listened with great interest to my friend from Ohio who preceded 
me, who again said that diplomacy was the solution.
  Madam Speaker, Israel was told by the international community, you 
must give up land for peace, land for peace. Israel gave up land, and 
there is no peace.
  Madam Speaker, my colleagues, I rise in strong support of this 
resolution, not to embrace war or violence for its own sake, but 
instead to pursue a true peace and to reaffirm.
  Madam Speaker, I stand in this well at this hour to reaffirm the 
basic truth of this resolution and the right of the sovereignty and 
existence of the State of Israel from a historical, from a legal and, 
yes, from a scriptural perspective. Let it be clear from this, the last 
best hope of mankind on Earth, that we stand foursquare with our allies 
in Israel, and we understand the nefarious misbegotten schemes of those 
who seek to spread Islamofascism and terror around the globe, and we 
categorically reject that behavior and those actions as we stand in 
solidarity with our ally, a democracy, an oasis of democracy in a 
desert of desolation.
  Madam Speaker, I ask my colleagues to join us in strong support of 
this resolution.
  Mr. LANTOS. Madam Speaker, how much time do we have?
  The SPEAKER pro tempore (Miss McMorris). The gentleman has 1\1/2\ 
minutes.
  Mr. LANTOS. Madam Speaker, in view of the fact that this is one of 
the most substantive debates of the year, that colleagues have been 
waiting for a long time, I respectfully ask unanimous consent that we 
extend the debate by 40 minutes, equally divided between Ms. Ros-
Lehtinen and myself.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. LANTOS. I am pleased to yield 3 minutes to my good friend, the 
distinguished member of the International Relations Committee, Mr. 
Engel.
  Mr. ENGEL. I thank the gentleman for yielding to me, and I rise in 
strong support of his bipartisan resolution and strong support of the 
people of Israel in their fight against terrorism. It makes no 
difference where terrorism rears its ugly head, whether its planes 
going into the World Trade Center or the Pentagon, or innocent people 
being blown up on trains in India, England or Spain, or the bombs 
falling on Haifa or the innocent children being blown up on a bus in 
Tel Aviv. The fight against terrorism is our fight. Israel's fight is 
our fight.
  Iran and Syria are fighting a proxy war against Israel using 
Hezbollah and Hamas. It has been pointed out that Israel withdrew from 
Lebanon 6 years ago, so the myth of any kind of occupation is not 
there. Simply speaking, Hezbollah and Hamas, as well as Iran and Syria, 
want to, as Iran's President has said, wipe Israel off the face of the 
Earth.
  We should let Israel finish the job. There should be no precipitous 
calls to a cease-fire before Israel could rid itself of a terrorist 
threat. We should fully implement my bill, and I was happy that our 
Democratic leader mentioned it, the Syria Accountability and Lebanese 
Sovereignty Restoration Act, and President Bush should implement those 
sanctions which are available to him against Syria.
  I care very much about Lebanon. Our bill was called Syria 
Accountability and Lebanese Sovereignty Restoration Act. The people of 
Lebanon are suffering. When this is over, we should do everything we 
can to help them rebuild their country.
  But the people of Lebanon have suffered by having this terrorist 
group, this poison, in its midst, this poison, this militia that is a 
lawless militia, and that Security Council Resolution 1559, which 
called for the Syrians to leave Lebanon.
  I thank my colleague who is my partner in the Syria Accountability 
and Lebanese Sovereignty Restoration Act. She knows that when the 
Syrians finally left Lebanon, the world community failed to implement 
the other part of Resolution 1559, which called for all militias to 
give up their arms. Hezbollah continued and, shamefully, even won some 
seats in the Government of Lebanon.
  My friend and colleague, Mr. Ackerman, spoke before and reminded us 
that Israel was born out of the ashes of the Holocaust. The leader of 
Iran, while denying the Holocaust, threatens to unleash a new one on 
Israel. There is only one country that constantly stands with Israel, 
and that is the United States of America.
  We ought to be proud of the bipartisan support that we have shown for 
Israel through the years. Israel's fight against terrorism is our 
fight. We need to support the brave people of Israel in their struggle. 
Terrorism over there and terrorism over here is the same thing. Support 
the resolution.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield 2 minutes to the gentleman 
from Texas (Mr. Brady).
  Mr. BRADY of Texas. Madam Speaker, I appreciate, first, the 
leadership of Ms. Ros-Lehtinen and Mr. Lantos on this important issue 
of leadership, not just this critical time, but throughout the years.
  Yes, I strongly support the resolution, but listening tonight I think 
there has been some odd debate. To suggest, as some did, that Israel 
and America have somehow conspired to encourage this attack on Israel 
as an excuse to invade or attack Iran, to me, is absurd.

                              {time}  2145

  It is a dangerous claim, and at this important and critical time in 
history has no real place in this important debate on this floor in 
this Chamber in this democracy.
  We reaffirm America's support for the State of Israel. We support 
Israel's right to take appropriate action to defend itself not only in 
Israel, but in the territories of those who would threaten it in 
accordance with the international law.
  We condemn Hamas and Hezbollah for cynically exploiting civilian 
populations as shields, then locating their equipment and bases of 
operations in civilian areas.
  We recognize Israel's long-standing commitment to minimizing civilian 
loss.
  We demand the Governments of Iran and Syria to direct Hamas and 
Hezbollah to immediately and unconditionally release the Israeli 
soldiers which they hold captive.
  And we condemn the Governments of Iran and Syria for their continued 
support of Hezbollah and Hamas in these armed attacks against Israel.
  Make no mistake, an attack against Israel is an attack against the 
peace and security of America. Israel's fight is America's fight. 
America will stand with Israel.
  Mr. LANTOS. Madam Speaker, I am very pleased to yield 3\1/2\ minutes 
to the gentlewoman from California (Ms. Lee), my good friend.
  Ms. LEE. Madam Speaker, let me first thank Mr. Lantos for yielding; 
also just to say to him that I appreciate the respect and the space 
that you provide for all of us who may have a different point of view, 
but who all support peace and security and Israel's right to defend 
itself. I also have tremendous respect for Mr. Lantos just in terms of 
your work and your long history as a champion of human rights not only 
on behalf of the State of Israel, but throughout the world, and so I 
thank Mr. Lantos for yielding.
  Madam Speaker, I join with those who condemn the recent kidnapping of 
Israeli soldiers and the rocket attacks into Israel, and also, I rise 
in support of Israel's right to protect and defend itself from attacks 
in accordance with international law, including Article 51 of the 
United Nations Charter.

[[Page 15132]]

  However, this resolution goes much further than that, and it also 
omits any mention, and I think this is so critical at this stage, it 
omits any mention of how and why the United States should exert its 
leadership in stopping the violence. Too many people, Israelis Lebanese 
and Palestinians, have been killed, and there is no end in sight. Very 
seldom do I cast a ``present'' vote, but in this instance I will, and 
let me explain why.
  This resolution reaffirms our support for Israel, demands that the 
Government of Lebanon do everything in its power to find and free the 
kidnapped Israeli soldiers and to gain control of its borders in order 
to prevent future attacks. It also condemns Hamas and Hezbollah for 
killing Israeli soldiers and for indiscriminately targeting Israeli 
civilians, and it recognizes the plight of the families of the innocent 
victims. These provisions warrant our strong support and certainly 
sends a strong message in support of Israel, in behalf of Israel and on 
behalf of Israel.
  But on the other hand, there are provisions in this resolution that 
are totally unfinished or missing and leave this resolution very much 
incomplete.
  Such a course of action, I believe, ought to make it clear that in no 
uncertain terms will the United States support a strategy of the use of 
force against Iran or Syria. This resolution leaves the door open for 
this.
  This resolution ought to make it clear that the only way to remove 
the threat to Israel and to the larger region is to resolve these 
issues through an immediate cease-fire and commit the United States, 
through the cease-fire, to high-level and sustained diplomacy. We need 
to be doing that right now in support of many of the initiatives such 
as the road map. This resolution does not really address how to end the 
escalating violence that really, quite frankly, does more violence and 
harm to Israel's long-term interests and living in peace and security 
with her neighbors.
  This resolution should offer concrete steps on how to achieve peace 
and security for Israel and the region, and the resolution says nothing 
about the peace process.
  The bottom line is there is absolutely no military resolution to the 
issues confronting the Middle East, notwithstanding the acts of self-
defense to which Israel is entitled in accordance with international 
law.
  If we do not put a stop to all of the hostilities today, what is to 
stop future violence with more technologically advanced weapons 
systems, rockets with even longer ranges? Where does it end? Is war the 
only answer?
  Israel's security and a sustained peace that includes a two-state 
solution cannot be achieved militarily. The only option, and the only 
hope, is a political solution to this crisis and for a sustained peace.
  That is why, Madam Speaker, it is imperative that all parties return 
to internationally recognized borders and for all parties to resume 
urgent, multilateral diplomatic efforts, including a return to the road 
map and a full engagement by the quartet.
  What we should be doing today is imploring all sides to agree to a 
cease-fire, insist on the return of the hostages, and agree to an 
international security force.
  If we can reach the end of that road that we are walking down right 
now, then our ally, I believe, Israel will find the peace and security 
that she and her people rightfully deserve.
  So, Madam Speaker, I intend to vote ``present'' on this resolution 
because, while I believe there are some provisions that warrant our 
support, I do not believe it goes far enough in addressing the 
immediate security needs and the violence that is taking place right 
now in the Middle East.
  Ms. ROS-LEHTINEN. Madam Speaker, I am so pleased to yield 1 minute to 
the gentleman from Arizona (Mr. Franks).
  Mr. FRANKS of Arizona. Madam Speaker, I thank the gentlewoman for 
allowing me the time to speak on behalf of this resolution, and I will 
be very brief.
  Madam Speaker, whether we understand it or not, tonight the world 
faces an evil, poisonous ideology that threatens the peace and freedom 
of humankind. This ideology is not new, Madam Speaker. It is the same 
one that murdered Israeli athletes in 1972, that took American hostages 
in Iran, that murdered marines in their barracks in 1983, that bombed 
the World Trade Center in 1993, Riyadh in 1995, the Khobar Towers in 
1996, the embassies in 1998, the U.S.S. Cole in 2000, and then, Madam 
Speaker, that same ideology massacred nearly 3,000 Americans on 
September 11.
  And tonight, Madam Speaker, that same dark, insidious ideology is 
launching rockets into Israel to slaughter innocent, freedom-loving 
civilians. This is why Israel's war is our war.
  If there is hope for peace and freedom in this world, free peoples 
across this planet must unite with Israel to defeat this hellish 
ideology. The battle Israel fights tonight is a battle to protect all 
of humanity. May the people of Israel take comfort knowing that America 
stands with you in these difficult days. May you come to victory, and 
may the light of God's peace shine down on the streets of Jerusalem 
forever.
  Mr. LANTOS. Madam Speaker, I am delighted to yield 2\1/2\ minutes to 
the distinguished gentleman from New York (Mr. Crowley).
  Mr. CROWLEY. Madam Speaker, once again I thank my great friend from 
the State of California for yielding me this time.
  Madam Speaker, I rise to speak out in strong support of a democratic 
nation under attack by terrorists, a nation that has been under attack 
every day for 58 years of its existence.
  As we debate this bill, over a quarter of a million Israelis are in 
bomb shelters or awaiting to rush to safety from missiles being 
launched specifically at civilian targets. Think about that. As we are 
debating this evening, a quarter of a million Israelis are seeking 
cover, launched by a terrorist organization, funded by Syria and Iran 
waging a proxy war in Israel.
  I take some exceptions to some comments made by a colleague earlier 
tonight, and that is about the accuracy of rockets being launched by 
Hezbollah. The goal of Hezbollah is to inflict as many civilian 
casualties as possible, end of story.
  Yesterday I read a report from Human Rights Watch that called the 
missile strikes on Israel possible war crimes. The rockets launched 
against Israel, and specifically in Haifa, contained metal ball 
bearings that have limited use against military targets. They probably 
will not even destroy a building in and of themselves. They can do 
incredible damage to civilian populations, tearing people's bodies 
apart.
  Hezbollah fires these inaccurate Katyusha rockets that do not 
differentiate between Jews, Arabs or Christians or whatever they may be 
in Israel. In fact, one of these missiles killed two Israeli Arab 
children today when it struck the city of Nazareth, an ancient 
Christian city with a majority of Arab inhabitants.
  I am saddened by all loss of civilian and innocent life, but I 
strongly support Israel's right to defend itself by removing the 
threats against her, wherever they may be.
  This conflict was preventable. Our allies in Europe and the Middle 
East must know that the operation in Lebanon is not an act of war, but 
an act of self-defense. Israel is not looking for this fight, but Hamas 
and Hezbollah created the events we have been watching by murdering and 
kidnapping members of the Israeli Defense Forces and launching over 800 
deadly missiles into Israel over the past week.
  Israel must do everything in its power to protect all of its 
citizens, and I am proud that this Congress stands with our friends and 
our allies in Israel by passing this worthy resolution.
  Ms. ROS-LEHTINEN. Madam Speaker, before yielding to my colleague from 
Florida, I would like to thank Mr. Dan Freeman, our parliamentarian of 
the House International Relations Committee who has steered us 
correctly through this debate; and Dr. Yleen Boblete, who spent so many 
hours drafting this resolution; and, of course, our staff director for 
the committee Dr. Hillel Weinberg, who has been working so many hours 
as well.

[[Page 15133]]

  Madam Speaker, I yield 3 minutes to the gentleman from Florida (Mr. 
Weldon), who is ever patient.
  Mr. WELDON of Florida. Madam Speaker, I thank the gentlewoman for 
yielding, and I rise in support of this resolution, and I commend the 
authors, Mr. Boehner, Mr. Hyde and Mr. Lantos, and the staff involved 
in drafting it.
  I stand to urge our continued support for our ally Israel and to 
condemn the actions of terrorist organizations Hamas and Hezbollah, as 
well as the complicit Governments of Syria, Iran and Lebanon.
  We must clearly understand what is really going on here, the 
motivations underneath the surface of these attacks.
  As I stated last week in the House, the actions of Hamas and 
Hezbollah involve the kidnapping and killing of Israeli soldiers. This 
is an act of aggression against our ally Israel, and now they have 
widened their continued attacks on innocent civilians with their rocket 
attacks.
  What is particularly troubling in the case of Hezbollah is that it is 
part of the Government of Lebanon, which not only failed to dismantle 
the terrorist group, but incorporated the terrorist group into the 
nation's official government.
  Hezbollah has dragged all of Lebanon into its unfounded quarrels with 
Israel. Unfortunately for Lebanon's other factions, Hezbollah's attacks 
on Israel will cost the entire nation of Lebanon much, but they should 
have thought of that before allowing Hezbollah a seat at the governing 
table.
  Hezbollah has launched hundreds of rockets at Israel since 2000. It 
also has thousands of Iranian- and Syrian-supplied rockets ready to 
launch against Israel in the future.
  Israel is justly taking strong measures in response to Hezbollah's 
aggression, as they have done with Hamas' attacks, in order to deter 
further attacks against its soldiers and civilians.
  A U.S.-designated terrorist organization, Hezbollah is fully backed 
by the Iranian and Syrian regimes. Not only have all of the G-8 
countries condemned Hamas and Hezbollah and blamed them solely for the 
current crisis in the Middle East, but the Arab League, while 
characteristically condemning the Israeli attacks, noticeably failed to 
support Hezbollah in its attacks on Israel.
  Why is this? Because the members of the Arab League, Saudi Arabia, 
Jordan, Egypt and others, are increasingly concerned about the growing 
threat of Iran and the amount of influence that Iran has in Syria and 
Lebanon and in the region generally.
  We should not look at this current crisis as just another page in the 
ongoing conflict between the Palestinians and the Israelis.

                              {time}  2200

  This now involves an Iranian regime and the Syrians that are 
fomenting this, supporting this financially. I support this resolution 
and I again commend the authors of the resolution.
  Mr. LANTOS. Madam Speaker, before yielding, I would like to offer an 
opportunity to Mrs. Lowey to ask for a unanimous consent.
  Mrs. LOWEY. I thank the outstanding chairman for his leadership on 
this issue.
  Madam Speaker, I rise in support of this resolution. It is a powerful 
statement in support of Israel and the Israeli people during this 
difficult time.
  Let us be clear about what is happening in the Middle East. Israel 
has been dragged into battle on two fronts to defend itself against 
terrorists who target Israeli civilians and seek the destruction of the 
Jewish State. The current hostilities were initiated, in both cases, by 
incursions of terrorists across recognized borders and the kidnapping 
of Israeli soldiers. As we know all too well, these battles are merely 
the latest chapter in a war that has been waged against Israel since 
its establishment in 1948.
  I join all those who yearn for peace in praying for an end to the 
hostilities. I also recognize that the fighting can only be stopped by 
the terrorists who initiated it. I believe the U.N. should play a role 
in ending this conflict, but the deployment of another force with the 
same, weak mandate as UNIFIL will not get the job done. The U.N. and 
the international community need to unite to demand an end to this 
reign of terror and full implementation of U.N. Security Council 
Resolution 1559. The Lebanese government must establish sovereignty 
over its own territory instead of allowing Hezbollah and Iranian Guards 
to operate freely. And we must keep the focus on Iran and Syria--the 
root causes of this conflict.
  The last several weeks have demonstrated beyond all doubt why Israel 
must maintain its qualitative military edge in the region. Any action 
taken by the international community must respect Israel's right to 
protect its own citizens and must be aimed at disarming Hezbollah and 
Hamas and terminating their ability to attack Israel.
  Israel seeks peace and has taken risks to achieve it time and time 
again. Sadly, its sacrifices have been met only with escalated threats 
and violence.
  Israel withdrew from Lebanon in May 2000 in compliance with U.N. 
resolutions. In return, it has been continuously threatened by 
Hezbollah terrorists on its northern border, allowed free reign by a 
reckless Lebanese government with Syria and Iran calling the shots in 
violation of U.N. Security Council Resolution 1559.
  Israel withdrew from Gaza in 2005. In return, it is faced with a 
Hamas-Ied Palestinian Authority that supports attacks against civilians 
and competes with exiled Hamas members over who can be more extreme.
  This latest violence confirms that Iran currently poses the single 
greatest threat to regional stability. It has the motivation and 
resources to stage a methodical campaign of terror and violence 
throughout the Middle East, concentrating on fomenting sectarian 
violence in Iraq and supporting Hezbollah in Lebanon. Syria continues 
to shelter Hamas leaders and is widely acknowledged to be complicit in 
the kidnapping of Corporal Shalit. Both countries are transit points 
and suppliers of weapons to terrorists. The current hostilities are 
mere symptoms of the disease Iran and Syria have brought on the region. 
And our policies and those of the international community must respond 
accordingly.
  We have potent tools to deal with Iran and Syria that we have 
ignored. The Iran Freedom Support Act passed the House of 
Representatives overwhelmingly but has been held up by the Senate 
leadership and the Administration. The Syria Accountability and 
Lebanese Sovereignty Restoration Act became law in 2003, but the 
Administration has largely ignored the instruments it provides to 
pressure Syria. Sending Secretary Rice to the region may indicate our 
concern, but developing a strategy to join with like-minded nations to 
force Iran and Syria to abandon their campaigns of terror should be our 
ultimate goal. Until we have such a strategy in place, a high-level 
visit will accomplish nothing.
  I join my colleagues in Congress in standing in solidarity with 
Israel during this difficult time. The American people understand what 
it feels like to be targeted on our own soil. As children in Haifa, 
Safed, and Nahariya remain trapped in bomb shelters, we reaffirm our 
support for Israel's effort to defend itself against terrorists 
stationed on its borders.
  I urge support for this resolution.
  Mr. LANTOS. Mr. Speaker, I am pleased to yield 2 minutes to my good 
friend, a distinguished member of the International Relations 
Committee, Mr. Blumenauer.
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in 
permitting me to speak and for his hard work on this resolution.
  I attempt to carefully examine the terminology and the nuance in such 
efforts because I want to make sure the United States' policy is 
carefully reflected in terms of our long-term interests, the security 
of Israel, and those of peace. And I think this resolution meets that 
test.
  The attacks on Israel by Hezbollah are both unjustified and 
unprovoked, particularly given Israel's withdrawal from Lebanon 6 years 
ago.
  Since the initial raid across the Israeli-Lebanese border, in which 
Hezbollah killed eight Israeli soldiers, took two others hostage, they 
have continued indiscriminately targeting Israeli civilians with 
increasingly sophisticated weaponry.
  It is in this context that Israel has exercised its right of self-
defense, which I completely support. I am, of course, I hope we all are 
concerned about the impact on the actions that deal with innocent 
Lebanese civilians. But as I cringed a little bit when I saw one of my 
colleagues look at the minority, and talked about shortcomings in the 
resolution, because I know Mr. Lantos had offered up on behalf of the

[[Page 15134]]

minority specific language of concern for innocents which, sadly, is 
not in the resolution. But I do think it is a good starting point.
  Even the Saudis and the Egyptians have recognized the responsibility 
for the current crisis lies with Hezbollah, Syria and Iran, as well as 
with Lebanon's inabilities to disarm Hezbollah as called for by 
Security Council Resolution 1559.
  We should not seek to impose a cease-fire that returns the region to 
the status quo without ensuring that Hezbollah is no longer a threat to 
Israel or Lebanon.
  This resolution is a strong signal of support for Israel. It is a 
signal to people who are playing their terrorist politics with innocent 
lives, of the United States' intentions. It is a signal to governments 
on the sidelines that they need to step up and help.
  Nothing has been more vexing to me during my tenure in the House than 
this continuing conflict with Israel. I don't pretend to know the 
answers, but I do know it does start with support for Israel and this 
resolution.
  Ms. ROS-LEHTINEN. Madam Speaker, before yielding my time to Mr. 
Lantos, I would also like to recognize the work of Jen Stuart, the 
foreign policy advisor to the majority leader, who has spent so many 
hours working on this resolution.
  And with that, Madam Speaker, I will be glad to yield the remainder 
of our time, minus 1 minute, so we can close, to Mr. Lantos.
  The SPEAKER pro tempore (Miss McMorris). Without objection, the 
gentleman from California is recognized.
  There was no objection.
  Mr. LANTOS. Madam Speaker, I want to thank my good friend for 
yielding.
  I am delighted to recognize a distinguished member of the committee, 
my good friend from Nevada, Ms. Shelley Berkley.
  Ms. BERKLEY. Thank you, Madam Speaker, and a very special thank-you 
to my very good friend from California, Tom Lantos, for his leadership 
on this issue. I rest better at night knowing that he is our leader. 
And I am very proud of him and very delighted to be here today.
  I am not going to take all of the time, which is uncharacteristic for 
me. I just couldn't have a resolution of this magnitude on the floor of 
the House without coming here and lending support. Two minutes could 
never be enough for me to speak on this issue, and I am afraid even 2 
hours might not be long enough for me to express my feelings and my 
views.
  I grew up in a family where the very existence of Israel changed our 
lives. I was born in my grandmother's apartment on the Lower East Side 
of New York, and grew up hearing stories of what their lives were like 
in Europe before they came to this country and how important Israel was 
to the survival of the Jewish people. And while the Jewish people were 
people of the diaspora and had managed to survive without a nation for 
5,000 years, the very existence of Israel gave each of us a tremendous 
sense of confidence and well-being, knowing that we had a homeland of 
our own.
  I was not alive in the 1948 war, or the 1956, when Israel was 
attacked again by its Arab neighbors. 1967, I was more aware, and 1973, 
of course. What I find incomprehensible and something I simply cannot 
understand, that here we are, so many years after the creation of 
Israel, after the aftermath of the Holocaust and the very reasons that 
Israel was established, and we are still debating throughout the world 
whether Israel has a right to exist.
  I am so proud of my colleagues for introducing this resolution. I 
think it strikes the exact right note at the exact right time in our 
world's history.
  We cannot allow this to continue. Israel has a right to exist, have 
secure borders, and lead a life for its citizens. And I think the time 
has come for the world body, led by the United States of America, to 
step up to the plate and say enough is enough. And this resolution is a 
remarkably good start. I thank everybody for supporting it.
  I am very proud of the speeches that my colleagues have made, and I 
look forward to voting for this, and I urge all of my colleagues to do 
the same.
  Madam Speaker, I rise in strong support for the resolution.
  The current crisis in the Middle East was caused by an unnecessary, 
ill advised, and unprovoked attack on Israel by Hamas and Hezbollah by 
terrorist organizations who have called for the elimination of Israel.
  There are victims of these terrorist attacks innocent Israeli 
soldiers and citizens and there are perpetrators of these terrorist 
attacks--Hamas and Hezbollah. There is no moral equivalency in this 
struggle.
  To those who incomprehensibly condemn Israel or who attempt to find 
some equivalency, let me state the obvious.
  Every sovereign nation has a right and responsibility to protect and 
defend its people.
  For those who think that Israel overreacted--If I was the mother of a 
19-year-old soldier peacefully guarding my country's border and my son 
was kidnapped by a terrorist organization, I would expect my government 
to do everything in its power to bring my boy home. An Israeli mother 
should expect and get no less. If I was living on the border of my 
country and a terrorist group was continuously lobbing rockets into my 
town where I live, where my children play, I would demand that my 
country do whatever they had to to eliminate the threat--Israel should.
  There should be no mistake about who is behind this crisis, Iran and 
Syria. Iran's president pledged to wipe Israel off the map and he 
refers to Israel as an ``illegitimate nation.'' Syria's troops occupied 
southern Lebanon illegally until 2005.
  This is a strictly defensive action on the part of Israel.
  There is an internationally recognized border with Lebanon. Israel 
unilaterally completed its withdrawal from Lebanon over 6 years ago. 
For 6 years, the Lebanese government has done nothing to step-in and 
establish control over part of its country.
  They did nothing, and left a power vacuum, filled by Hezbollah, in 
the southern third of Lebanon. Hezbollah uses southern Lebanon to lob 
katusha rockets into Israel with the hope of killing someone, killing 
anyone. They are not there to build a nation, protecting a people, 
laying a foundation for a better Lebanon--they are there to kill 
Israelis.
  Israel did everything it could possibly do to avoid a conflict in 
Lebanon--asking time and again that the government of Lebanon take 
control and police their territory. Unfortunately, these requests went 
unanswered and the terrorism continued to grow.
  On its border with Gaza, Israel also faces unrelenting terrorist 
attacks. After years of waiting, and praying, and hoping for a peace 
partner, Israel chose to unilaterally withdraw from Gaza.
  It uprooted families who created beautiful settlements. These 
families built homes from nothing, farms from dirt. Three generations 
were removed, some focibly, from the only homes they had ever known.
  I know. I was there.
  I saw Israeli soldiers carrying Jewish settlers in their arms across 
the border out of Gaza.
  There were tears in the eyes of the settlers and there were tears in 
the eyes of the soldiers.
  One would have thought that the Palestinians would have used this 
opportunity to demonstrate to the world that they were capable of self-
governance. Instead of building homes, schools, and infrastructure, 
they have used Gaza to launch thousands of Kassam Rockets at innocent 
Israelis.
  The international community must ensure that Hamas and Hezbollah are 
disarmed.
  The international community must ensure that Iran and Syria end their 
support for Hezbollah's and Hamas's terrorism.
  Hamas must renounce its charter that calls for the destruction of the 
State of Israel or be cut off from the rest of the world.
  Syria and Iran must be punished for their support of Hezbollah.
  The 3 Israeli soldiers must be returned--alive and unharmed.
  Congress must pass this resolution condemning the attacks on Israel--
they are indefensible and unacceptable--and supporting its 
unconditional right to defend itself, which every nation on this planet 
has the right to do.
  Mr. LANTOS. Madam Speaker, I am delighted to yield 2\1/2\ minutes to 
a distinguished member of our committee, Mr. Schiff.
  Mr. SCHIFF. Madam Speaker, I rise in strong support of this 
resolution and of our friend and ally, the State of Israel.
  In May of 2000, Israeli forces withdrew from southern Lebanon, ending 
an 18-year presence that was intended to stop guerilla attacks on 
civilians living in northern Israel. Last summer

[[Page 15135]]

Israeli settlers and military personnel left Gaza and part of the West 
Bank and turned over administration of those areas to the Palestinian 
Authority.
  The withdrawals were conciliatory gestures to Israel's Arab 
neighbors, and Israel and the international community expected the 
Lebanese Government and the Palestinian Authority to see them as 
opportunities to stabilize a region that has seen too much blood and 
tears over the last 60 years.
  Instead, successive Lebanese governments, hobbled by the oppressive 
presence of Syrian troops and intelligence officers, never made a 
concerted effort to reassert control in the south, and effectively 
ceded this area to Hezbollah, a radical Shiite militia trained, 
supplied, and directed by Syria and Iran.
  In Gaza, a corrupt and calcified Palestinian Authority would not make 
the necessary efforts to dismantle the infrastructure of terror that 
allowed terrorists to rain down Qassam rockets on Israeli civilians. 
When Hamas, a radical Islamist party that has never budged from its 
calls for Israel's destruction, swept into power in parliamentary 
elections in January of this year, it made no secret of the fact it 
would embrace a rejectionist policy towards Israel.
  Nevertheless, the Government of Israel and a majority of her citizens 
were determined to continue efforts to withdraw from large parts of the 
West Bank. It was this plan that was the centerpiece of Ehud Olmert's 
campaign for Prime Minister and which the new Prime Minister was 
seeking to implement in the coming months. Instead, in what can only be 
seen as a coordinated effort, Hamas and Hezbollah crossed Israel's 
internationally recognized frontiers to murder and kidnap Israeli 
defense force personnel on Israeli territory.

                              {time}  2210

  At this stage four things are clear: First, these acts were not 
undertaken by rogue elements of Hamas and Hezbollah, but were the 
result of meticulous and lengthy planning.
  Second, while the attacks were launched from Gaza and Lebanon, the 
Governments of Syria and Iran were involved in their planning and 
execution, especially in the case of the Lebanon attack.
  Third, the murder and kidnapping of Israeli military personnel on 
Israeli territory by armed forces operating from a neighboring state or 
political entity is the root cause of the present violence.
  And, fourth, Israel has the legitimate right to take military action 
necessary to defend its citizens and its territory from attack.
  We mourn the loss of life. Lebanese, Israeli, and Palestinian, they 
are all the victims of Hezbollah and Hamas. I hope that Secretary Rice 
and her international counterparts will be able to pressure Iran and 
Syria to rein in these terrorist organizations and establish a 
legitimate Lebanese Army force to patrol the border with Israel.
  Mr. LANTOS. Madam Speaker, I am delighted to yield 2 minutes to my 
good friend from Kentucky, our distinguished colleague on the 
International Relations Committee, Mr. Chandler.
  Mr. CHANDLER. Madam Speaker, I thank Mr. Lantos for yielding.
  Madam Speaker, I am deeply troubled by the recent violent events in 
the Middle East. The United States must stand with Israel and recognize 
their right to defend their people and country from unprovoked acts of 
terrorism.
  As we know, innocent civilians are losing their lives right now as a 
result of extremist religious terrorism. Take the heartbreaking story 
of Monica Seidman as an example. Forty-two-year-old Monica, a mother of 
two, moved to the Israeli town of Naharia from Argentina 3 years ago. 
Last Wednesday as she was sitting on her porch having coffee, a 
Hezbollah-fired rocket made a direct hit on her building, instantly 
killing her.
  Monica was the first civilian killed in this conflict. How can this 
be explained to her children? How will they ever understand the meaning 
of this attack?
  I believe the United States must call on Syria and Iran to stop all 
support of Hezbollah. The Israeli people do not want violence. They 
want peace. They want to be able to go about life without causing harm 
to anyone else and without fearing for their own safety. Israel's 
voluntary withdrawal from southern Lebanon 6 years ago is proof of 
their desire for peace and stability in the region.
  It is my hope that Israel will be able to secure its border quickly 
and facilitate a safe return for its soldiers captured by Hezbollah and 
Hamas, and that is why I fully support this resolution.
  Mr. LANTOS. Madam Speaker, I am very pleased to yield 2 minutes to my 
friend from Florida, Congresswoman Debbie Wasserman Schultz.
  Ms. WASSERMAN SCHULTZ. Madam Speaker, the first duty of the 
government is to protect its citizens, and I stand by Israel's right to 
defend herself against Hezbollah's aggression.
  This bipartisan resolution sends a powerful message that the United 
States Congress and the American people support our friend Israel at 
this critical hour. Hezbollah's capture of Israeli soldiers was 
unprovoked. I call on the Governments of Iran, Lebanon, and Syria, who 
have influence over the fate of the captured Israeli soldiers, to 
secure their immediate and unconditional release.
  Hezbollah must be disarmed to prevent a similar conflict in the 
future. A simple cease-fire will not accomplish this goal.
  Any nation that refuses to act against terrorist networks simply 
stands as a willing accomplice. The actions of Hezbollah and the 
complicity of Syria and Iran demonstrate that former Israeli Prime 
Minister Golda Meir was right when she said, ``Peace will come when the 
Arabs love their children more than they hate us.''
  I strongly support this resolution and stand by Israel in her pursuit 
of peace and security.
  As an American mother, I wish that mothers around the world, Iranian, 
Syrian, and mothers universally, spend the time that I have spent 
talking to my twin 7-year-olds and will teach my almost 3-year-old 
girl, when she is old enough to understand, that we are all equal. We 
are all equal under the eyes of God.
  My 7-year-old daughter is here with me this week, and she asked me 
about what we are debating here tonight. She asked me, ``Mommy, why 
don't some people like us?'' And that question broke my heart, Madam 
Speaker, because the only answer I could give her was because we are 
Jewish and because we have different beliefs.
  Please let us not have another generation of our children grow up 
knowing hatred. Israel and her children need the world to stand with 
her in support of her right to defend herself and in support of peace.
  Mr. LANTOS. Madam Speaker, before yielding, I want to express my 
appreciation to the chief of staff on the Democratic side, Dr. Bob 
King; Mr. Alan Makovsky; and to all other members of our staff who 
worked so hard on this measure.
  Madam Speaker, I am delighted to yield 2 minutes to my friend from 
Pennsylvania, Congresswoman Allyson Schwartz.
  Ms. SCHWARTZ of Pennsylvania. Madam Speaker, I rise in support of 
this resolution and in support of our friend and ally Israel.
  September 11 was a defining moment for our country. It forced 
Americans to confront a new reality, that terrorists could cause 
massive destruction on our soil, and that all of us are at risk. 
Israelis have been living with this reality for decades. Well-armed, 
well-financed, and sophisticated terrorist organizations backed by 
Syria and Iran surround her. They have carried out thousands of attacks 
on Israeli soil, and they will stop at nothing to accomplish their one 
common goal: the destruction of Israel.
  Just as America does, Israel has a right to defend herself. Israel 
has a right to better security for its borders and its security and its 
future. A secure Israel cannot exist with Hezbollah controlling the 
territory directly to the north, and a secure Israel cannot exist with 
Hamas in control of the Palestinian Authority.

[[Page 15136]]

  Israel is at war with terrorists, and we must stand with her. We have 
a moral obligation to stand on the side of democracy and freedom 
against terror and radicalism, and we must do so because, left 
unchecked, these terrorist organizations will continue to destabilize 
the region and will use it as a base to foster global instability and 
to undermine our national security.
  With passage of this resolution, we will send an unequivocal message 
to the world that terrorist organizations, Hezbollah and Hamas, backed 
by Iran and Syria are responsible for this violence; that Israel has a 
right to defend herself; and that the United States will stand with 
Israel in its fight against terror.
  We must also do so because this conflict is not just about Israel, 
but it is about America's national security. Since the 1980's, 
Hizballah has been behind dozens of terrorist attacks targeting western 
nations, including the United States. In 1983, they killed 241 American 
servicemen in an attack on a military barracks in Lebanon. In 1994, 
they killed 86 civilians in a bombing in Buenos Aires, Argentina. In 
1996, they killed 19 U.S. airmen at a U.S. military barracks in Saudi 
Arabia. Left unchecked, Hizballah and these terrorist groups will 
continue to destabilize the region and use it as a base to foster 
global instability.
  By passing this resolution with strong bipartisan support, we will 
send an unequivocal message to the world--Hizballah and Hamas are 
responsible for this violence, Israel has a right to defend itself, and 
the United States will stand with Israel in its fight against terror. I 
am confident that Israel will prevail in this fight. And, it is my hope 
that their strong actions against terror will ultimately lead to the 
peace and security that so many in the region desperately seek.
  Mr. LANTOS. Madam Speaker, I am delighted to yield 2\1/2\ minutes to 
my good friend from North Carolina, Congressman Price.
  Mr. PRICE of North Carolina. Madam Speaker, I thank the gentleman for 
yielding.
  I address my colleagues tonight in support of H. Res. 921, but 
acutely aware of some of its shortcomings.
  Let me stipulate two things from the beginning. First, Hezbollah 
attacked Israel without provocation, and it now threatens the lives of 
hundreds of thousands of innocent Israelis in the range of its rockets. 
Such a situation is intolerable for Israel. It would be intolerable for 
any country. And a robust response is necessary to protect Israel's 
sovereignty and its citizens.
  Secondly, we must fully acknowledge the human toll of this conflict 
on innocent civilians in Lebanon and Israel and on our own citizens 
caught in the crossfire. As Israel meets the imperative of self-
preservation by disabling Hezbollah, it must also do all it can to obey 
the moral imperative of protecting the innocent, though it is an 
imperative we know is wholly disregarded by Hezbollah.
  The Lebanese people are not the enemy of Israel, nor is the Lebanese 
Government, which is led by a reform coalition that is fighting against 
Syria domination. Our ultimate need is for a stronger, not a weaker, 
Lebanese Government. And Israeli strategy should take that, too, into 
account. The real enemy here of both Israel and Lebanon is Hezbollah.
  With those stipulations the question before us is how can our Nation 
play a productive role in bringing a swift and just end to this 
conflict? The resolution offers little insight into this; so I want to 
use the limited time I have here to urge my colleagues to consider this 
critical question.
  I recently returned from a mission to Beirut with the House Democracy 
Assistance Commission, which is working with Lebanese parliamentarians 
as they seek to establish an independent and effective representative 
body. We met with many of the reformers who won a majority of seats in 
the Parliament in the 2005 Cedar Revolution. Democracy has a foothold 
in Lebanon, and we must find a way to empower those Lebanese leaders 
who seek reform and democracy in their country.
  To bring about such a resolution, the United States must dramatically 
increase its engagement in the region. Secretary Rice should go there 
sooner rather than later, work with the international community toward 
a resolution of the conflict. I am not talking about a settlement that 
leaves Hezbollah intact and merely postpones the fight. We must have a 
resolution that guarantees Israel security, that permanently disarms 
Hezbollah, and supports the development of democracy in Lebanon.

                              {time}  2220

  If we are truly to support Israel, we must do far more than the 
resolution before us suggests.
  Madam Speaker, I address my colleagues in support of H. Res. 921 but 
acutely aware of its shortcomings.
  Nearly two years ago, the United Nations Security Council unanimously 
adopted a resolution calling for the disarmament of all armed militias 
in Lebanon. As Lebanon's Cedar Revolution has brought new pro-
democratic forces into power, one group has defied the world's mandate: 
Hezbollah. Hezbollah has justified its defiance by claiming to be a 
legitimate resistance against Israel's occupation of a small parcel of 
land in Syria, adjacent to Southern Lebanon, called Sheba Farms. It has 
tried to straddle the fence, claiming political legitimacy by 
participating in democratic elections and the Lebanese government, yet 
refusing to disarm and adding to its arsenal of rockets and other 
weapons.
  Hezbollah's decision to kidnap two Israeli soldiers and kill three 
others--without provocation--and to launch rockets deep into Israel 
belie its claims to legitimacy and reveal its true mission: fighting 
not for Lebanon, but for its own interests and those of its patrons in 
Iran and Syria.
  No nation should be expected to tolerate a situation in which a 
terrorist organization bent on its destruction has free rein to ignore 
established borders through ground attacks or air strikes. Hundreds of 
thousands of Israelis are living in constant fear of deadly rocket 
attacks. I join with my colleagues in strongly supporting Israel's 
right to defend its sovereignty and its citizens.
  The human toll of this conflict has also been frightful on the 
Lebanese side of the border. Dozens, perhaps hundreds, of innocent 
lives have already been lost. Hundreds of homes housing innocent 
Lebanese citizens have been destroyed, and tens of thousands of 
families have been displaced. The Lebanese people, like the Israelis, 
are living under a dense cloud of fear and danger.
  Our own citizens, too, have suffered from this violence. Over the 
last few days, I have received calls from tearful fathers with young 
daughters stuck in the hills of Lebanon with no way out; from families 
stuck in Beirut on vacation; from relatives with Lebanese family 
members killed in the conflict. We must remember the suffering of these 
innocent citizens, caught by chance in the storm of war.
  As Israel faces the imperative of disabling Hezbollah, it must do all 
it can to obey the moral imperative of protecting the innocent, though 
it is an imperative we know is wholly disregarded by Hezbollah. The 
enemy here is not the Lebanese people. And the enemy is not the 
Lebanese government, which is led by a reform coalition that continues 
to fight against Syrian domination. The real enemy here is Hezbollah.
  Our ultimate need is for a stronger, not weaker, Lebanese government. 
What sense does it make, for example, to demand more vigorous action 
against terrorists by the Lebanese Army, and then proceed to destroy 
that Army's barracks?
  Our country's role must be to work for an end to this conflict that 
is both swift and just. Let us harbor no illusions: a cease fire that 
allows Hezbollah to remain intact and merely postpones this fight until 
another day is not an acceptable option. We must require Hezbollah to 
disarm permanently and guarantee that Hezbollah will no longer threaten 
Israel or Lebanon. That will likely require the establishment of an 
international peacekeeping presence.
  We must also work for a resolution that preserves the promise of the 
Cedar Revolution and empowers those Lebanese leaders who seek reform 
and democracy in their country. I recently returned from a mission to 
Beirut with the House Democracy Assistance Commission, which is working 
with Lebanese Parliamentarians as they seek to establish an independent 
and effective representative body. Our Commission met with many of the 
reformers who, in a stunning victory, won a majority of seats in the 
Parliament in the 2005 Cedar Revolution. While key positions in the 
government, including the Presidency, are still controlled by those who 
would do the bidding of Syria, democracy has a foothold in Lebanon--the 
most significant foothold for democracy in the entire Middle East, 
outside of Israel. We must not allow the current conflict to destroy 
that foothold.

[[Page 15137]]

  To bring about such a resolution, the United States must dramatically 
increase its engagement in the region. As the conflict has unfolded, we 
have watched the international community react with promising 
diplomacy. The United Nations, our allies in Europe, and key actors in 
the region--Egypt, Jordan, Saudi Arabia--have come forward with 
mediators, cease fire proposals, and calls for international 
peacekeepers. Even the Arab League, too often silent in the face of 
past attacks against Israel, is working to convene an emergency summit 
to deal with the crisis. But where has our own Administration been? As 
one commentator recently wrote, ``the world's sole superpower is also 
its only no-show.''
  With so much at stake for our national security interests in the 
region, the Bush Administration's lack of engagement is troubling. But 
it is not surprising. This Administration has taken a hands-off 
approach to the area, at great cost to the prospects for peace. It has 
allowed the Road Map for resolving the Israeli-Palestinian conflict to 
wither on the vine. It has failed to sufficiently support the moderate 
Palestinian leader Abu Mazen, watching as Hamas capitalized on his 
political struggles. And, after trumpeting the gains of the Cedar 
Revolution, it has done too little to actually support the fledgling 
reform movement in Lebanon. With the Administration's gaze still fixed 
on Baghdad, the tensions that have led to the current conflict mounted 
unchecked.
  Madam Speaker, the current crisis demands decisive leadership. 
Secretary Rice should go to the region sooner rather than later, 
working with the international community toward a resolution to the 
conflict that guarantees Israel's security, permanently disarms 
Hezbollah, and supports the development of democracy in Lebanon. If we 
are to truly support Israel, we must do far more than the resolution 
before us suggests.
  Mr. LANTOS. Madam Speaker, I am pleased to yield 2\1/2\ minutes to 
the distinguished gentleman from New York (Mr. Nadler).
  Mr. NADLER. Madam Speaker, the recent unprovoked attacks on Israel 
are particularly notable because of the unilateral Israeli withdrawal 
from southern Lebanon in 2000 and from Gaza in 2005. Israel, as it has 
so often been urged to do, gave up land for the hope of peace. Yet what 
happened? From the day Israel withdrew, Hamas fired rockets at Israeli 
cities and villages every single day, followed more recently by 
Hezbollah rockets.
  Can you imagine what the United States would do if terrorists rained 
down thousands of rockets on American cities from Canada? We would tell 
the Canadian government to stop it immediately. And if the reply was we 
don't want to stop it, as with Hamas, or we can't stop it, as the 
government of Lebanon says it cannot stop Hezbollah, we would not 
hesitate to bomb whatever targets were necessary and to invade whatever 
territory was necessary to stop the bombardment, and we would not cease 
until we had destroyed or disarmed the terrorists.
  Similarly, we must not demand a cease-fire that leaves the Hezbollah 
or Hamas weapons and infrastructure intact.
  This recent violence, this war, is the penalty we pay for looking 
away and urging restraint on Israel as Hamas and Hezbollah flouted 
peace agreements and built up terrorist infrastructures and arsenals of 
thousands of rockets as they openly proclaimed their intentions to 
destroy Israel and murder her people.
  The Prime Minister of the Palestinian Authority, a Hamas leader, 
wrote in the Washington Post just last week that what matters are not 
the issues of 1967, but the issues of 1948, that is, the very existence 
of Israel. But the existence of Israel is not negotiable. But many seem 
not to have learned the lessons.
  The European Union criticized Israel's response as disproportionate. 
What would the EU do if European cities were attacked as Safed, Haifa 
and Nazareth have been? How is Israel's response against strategic 
Hezbollah targets disproportionate to Hezbollah's intentional attacks 
against Israeli civilians? And since when do we demand that responses 
to naked aggression and intended genocide be proportionate? It was 
Colin Powell who said that military responses must be of ``overwhelming 
force.''
  The violence can end only if Hamas and Hezbollah are disarmed. 
Otherwise, Israel will have to defend itself against future terrorist 
attacks, and innocent Israeli, Palestinian and Lebanese civilians will 
continue to die.
  There is a role for diplomacy in the Middle East, but only when 
Hezbollah and Hamas are forced to stand down and Hezbollah forces are 
moved away from the Israeli border.
  I extend my sympathy to the families of the victims of the attacks in 
Israel and in Lebanon, and I pray for the safe return of those 
captured. But I know that because the United Nations and the 
international community have failed to dismantle the terrorist 
infrastructure by diplomacy, Israel must be permitted to dismantle that 
infrastructure by force of arms if the killing is not to go on 
indefinitely. We must not stop her from doing so.
  I strongly support the resolution.
  Mr. LANTOS. Madam Speaker, I am delighted to yield 2 minutes to my 
good friend from New York (Mr. Israel).
  Mr. ISRAEL. Madam Speaker, I thank my friend from California.
  Madam Speaker, I rise in support of this resolution. Almost 1 year 
ago, in August, I stood on the border of Gaza. I watched a gate 
descend. I watched the last Israeli leave Gaza. Israel said to the 
Palestinians, we will take a risk for peace. Build something here. 
Provide security. We want peace.
  And what did they do with that? What did the Palestinians do with 
that offer? They fired Kassam missiles on Israeli civilians. They 
elected a terrorist regime sworn to the liquidation of Israel. They dug 
a tunnel. They snuck through the tunnel, they showed up on Israeli 
soil, they kidnapped a 19-year-old soldier and snuck him back. Israel 
took a risk for peace, and this is how it was rewarded.
  Israel took the same risk in Lebanon. They left Lebanon. They said 
provide security here. We will take a risk for peace, and let's have it 
together. What happened with that offer? Hezbollah was allowed to 
dominate southern Lebanon. And just last week, Hezbollah terrorists 
infiltrated a border, snuck across an undisputed border, murdered some 
Israelis, kidnapped others, murdered some more, and snuck back across.
  Every time Israel has taken a risk for peace, that risk has been 
answered with violence, and that is not acceptable.
  What would we have done? It is exactly what we did do on 9/11. When 
terrorists infiltrated our borders, we responded robustly to protect 
innocent civilians.
  Israel has the right to do the same. There can be no double standard. 
There can be no moral relativism. This resolution simply says that 
Israel has taken risks for peace. Those risks ought to be answered with 
reciprocation, and not missiles; with good faith, security, and not 
kidnappings. Israel has done what we have done, and this resolution 
reaffirms that.
  Mr. LANTOS. Madam Speaker, I am pleased to yield 2 minutes to my good 
friend the gentleman from New Jersey (Mr. Pallone).
  Mr. PALLONE. Madam Speaker, I rise in strong support of this 
resolution and of Israel's right to defend itself from terrorist 
attacks.
  The world community has a responsibility to support Israel during 
these difficult times. Israel has complied with international demands 
by withdrawing from both the Gaza Strip and from Lebanon. 
Unfortunately, it seems like the governments in both of these areas are 
not interested in peace.
  Lebanon in particular has failed to abide by UN Security Council 
Resolution 1559, which requires the disarmament of Hezbollah and other 
militias and the deployment of the Lebanese army along its southern 
border. Israel has simply requested that Lebanon comply with this 
resolution and that Hezbollah end its attacks and return of its 
kidnapped soldiers.
  There has been little effort on the part of the Lebanese or Hezbollah 
to actually meet any of these requests however, and that is why it is 
critical that the United States and the world community stand behind 
Israel and condemn the actions of Hezbollah, the Lebanese government 
and Hamas.
  As we condemn these acts we must recognize the connection between

[[Page 15138]]

Hezbollah and its international backers, Iran and Syria. It is clear 
that both of these nations are aiding Hezbollah with funding, munitions 
and even direct military advice, which is why Israel felt compelled to 
impose the blockade on Lebanon.
  We must ratchet up the pressure on Syria and Iran to give up their 
support for organized terrorist groups like Hezbollah. That is why I 
joined many of my other colleagues in calling on President Bush to 
fully implement all of the sanctions available under the Syria 
Accountability Act, which we passed during the last Congress. Syria is 
continuing its support for terrorism, and we must demonstrate the 
consequence of such actions.
  Madam Speaker, as Israel continues to defend itself, we should stand 
in support of her by putting greater pressure on nations who support 
terrorist attacks against her. We should do nothing less and expect 
nothing less of our allies if we were in such a situation.
  I urge my colleagues to pass this important resolution, and I urge 
the Bush administration to do more to hold accountable those countries 
who support terrorism against Israel.
  Mr. LANTOS. Madam Speaker, I am delighted to yield 2 minutes to our 
distinguished colleague, the gentleman from Texas (Mr. Al Green).
  Mr. AL GREEN of Texas. Madam Speaker, I thank Mr. Hyde, the 
chairperson, and I thank my friend Mr. Lantos, the ranking member.
  Madam Speaker, I want peace for both Palestinians and Israelis. I 
want justice for both Palestinians and Israelis. And I support House 
Resolution 921 condemning the recent attacks on Israel and supporting 
Israel's right to defend herself.
  Madam Speaker, Hezbollah has killed more Americans than any other 
terrorist group, save al Qaeda: 257 Americans killed in the 1983 
bombings of the U.S. embassy and barracks in Beirut; 19 Americans 
killed in the 1996 bombings of the Khobar Towers.
  Hezbollah has more than 13,000 rockets capable of hitting Israeli 
cities and towns and killing innocent persons. Does anybody think that 
these rockets will just go away? Hezbollah wasn't getting weaker. 
Hezbollah was getting stronger.

                              {time}  2230

  Israel must defend herself or there will be no Israel to defend.
  Mr. LANTOS. Madam Speaker, I yield 2 minutes to the gentleman from 
New York (Mr. Meeks).
  Mr. MEEKS of New York. Madam Speaker, I stand here today to support 
this resolution, and indeed in saying that I wish this resolution did 
not have to be. For surely I am also convinced that the people of 
Israel and many of the people in Lebanon and in the Palestinian 
Territories wish it had not to be, but it does.
  Why does it? Because you cannot have peace if you are negotiating 
with yourself. If individuals will not even acknowledge the right for 
the State of Israel to exist, how can you have peace? And if you are 
put in that position, then you have no choice but to defend yourself.
  The thing that we must not think that Israel is doing in having to 
defend itself and using the force that it has to use is they are doing 
it with glee. That is not what they want to do at all. They wish that 
there was peace. But when people do not acknowledge your right to 
exist, and there are 14,000 rockets aimed at you, I just ask you the 
question, I think of myself. Suppose you are in your home and you have 
got people that are outside, and they are pointing weapons at you and 
your family. What would you do? Would you just say, let them continue 
to point them and shoot them until there is damage to you or your 
family?
  What we are talking about here is simply a matter of defense. And 
indeed, we would dream of having the day where we do not have to have 
these resolutions on the floor, dream of the day when there is no 
innocent people on any side of the lines in the Middle East who are 
dead or would be killed or anything of that nature, dream of having 
peace.
  The only way to have it, though, is to have partners, to have 
somebody that is going to stand and say, we will fight, along with 
Israel, to make sure that all of its people are safe. We need to have 
the day when, in fact, we know that the terrorist organizations like 
Hamas and Hezbollah, who is holding hostage an entire region for their 
bad reasons, are wiped out.
  And if they will not go away, then Israel must defend itself.
  Mr. LANTOS. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman 
from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Madam Speaker, I do thank Mr. Lantos and 
his good leadership and his history. It is reflected in what I think is 
both a potent, important and very directed resolution. It draws upon 
all of the voices that we have heard this evening.
  Might I acknowledge Ms. Ros-Lehtinen for her patience and leadership, 
along with Chairman Hyde as well as and the leadership of this House.
  This weekend I will go home and meet with members of the Jewish 
community, and as well meet with members of the Muslim and Arab 
community. I believe it is important for Members to be forthright, and 
in doing so, it is to understand that we stand here promoting peace, 
and to say to the Palestinians, those of good faith, and President 
Abbas, we will stand with you to rid yourself of those who believe that 
their basic existence is for the nonexistence of Israel.
  And to Lebanon, we will stand with you, so that you will have the 
courage, the fortitude and the leadership to free your nation, for it 
to be the shining pearl, the financial site of the Middle East of which 
it has the potential to be.
  I want to offer to those who have lost their lives, their families, 
my deepest sympathy. To the innocent civilians in the Gaza strip, in 
Palestinian, in Lebanon, in Israel, all who have lost their lives, we 
offer the deepest sympathy.
  But, Madam Speaker, let me simply say, Israel fully complied with 
Resolution 425 in 1978, and wants us to know that they have removed 
themselves from Lebanon, and Secretary Kofi Annan said Israel has 
withdrawn, in full compliance with the Security Council resolution, as 
well it has withdrawn from the Gaza Strip.
  And so today I am interested in a cease-fire. I am interested in 
engagement. But I am also interested in making sure that we have 
permanent peace in the region, that we do not allow those who would 
perpetrate terror against innocent individuals to be able to survive 
and to continue their violence.
  I would ask Syria and Iran to be forthright with the world and to 
give away their continued intrusion into Lebanon and fueling the fires 
of those that would perpetrate terror in the region. I also ask that 
our refugees, if you will, Americans who are stuck in Lebanon, be fully 
brought home safely and quickly.
  So as I close, Madam Speaker, might I just say this evening that I 
will be voting for this resolution, but I will be continuing to press 
for engagement. I will continue to press for resolution. And I will 
continue to ask that the Arab States become engaged, and that Syria and 
Iran stand down, and that there is peace, and that the existence of 
Israel is reaffirmed, and our Arab neighbors live freely and peacefully 
for all the world to see.
  Madam Speaker, I rise today to support H. Res. 921, condemning the 
recent violence in the Middle East. I remain dismayed at the fact that, 
once again, violence is poisoning and engulfing the Middle East.
  This resolution condemns the recent attacks against Israel, holds 
terrorists and their state-sponsors accountable for such attacks, and 
supports Israel's right to defend itself.
  This resolution is a very strong statement. While we must acknowledge 
the culpability of the perpetrators of violence, we must always stand 
for a solution that engages all parties.
  The conflict is between those who wish to end the violence and those 
who do not. All involved have created a sense of victimization, and 
turned away from the most important goal: protecting their people, 
abating violence, and stabilizing the region.
  With this bill, we denounce terrorist acts, and we recognize the 
right of all sovereign nations--including Israel--to exist, and to 
defend itself. In addition, if Hamas is going to lead the

[[Page 15139]]

Palestinian Authority to participate in the international community, it 
must accept Israel's right to exist and eliminate its violence against 
Israel.
  This past January, I visited Israel prior to the Palestinian 
elections, and visited with the emerging leadership of Kadima on the 
eve of a new era of Israeli diplomacy and security policy. I have 
traveled extensively in the region, and I have witnessed first-hand the 
promise of the Holy Land, as well as the devastation of long-term 
strife. Although Prime Minister Olmert has only held this position of 
leadership for a few short months, he has led his nation with strength 
and clarity.
  We acknowledge Israel as a democratic and strategic ally, and we look 
to Israel for regional leadership. No cause should ever warrant 
aggressive terrorist acts against others who have not sought to 
initiate any acts against the offending party. It is an absolute 
necessity that kidnapped soldiers be returned, that soldiers stolen 
from their own country, from their own land, must be returned to their 
homeland. Israel was not the aggressor.
  Hezbollah has committed acts of war, and Israel responded in kind. 
Hezbollah has yet again demonstrated its easy familiarity with 
terrorist tactics, and tensions continue to rise. Over the last several 
weeks, we have seen the situation crumble. Accusations of blame and 
responsibility fly like shrapnel.
  Last week, the Lebanese government briefly called for a ceasefire 
after Israel blockaded the country by air and sea in an effort to 
distance itself from the Hezbollah faction. In a statement, the 
Lebanese government said that all means must be used to end this ``open 
aggression.''
  When both aggressors are acting in defense, the only result is 
destruction.
  We must immediately engage Israel, Lebanon, the Palestinian 
Authority, and any other stakeholder willing to take action to protect 
the people and cease this swift escalation. We must engage them in 
multi-party negotiations, and the United States must send a high-level 
delegation to meet with the leaders in the region. The desecration of 
life and the disrespect of boundaries in the last few weeks are 
offensive, yet must be surmounted, and the violence must end. The U.N. 
Resolution 1559 must be complied with by Lebanon--to fully disband and 
disarm Hezbollah.
  I commend Israel for its willingness to unilaterally withdraw from 
the Gaza. I remain hopeful that the Palestinian Authority will soon be 
able to assert itself and secure the Gaza Strip for its citizens, and 
stop the invasion into Israeli territory.
  I wish to relay to the Lebanon Government that America is their 
friend, we support their independence, and we need them to assert their 
independence and sovereign authority. Because of their independence, 
Lebanon is well positioned to be an integral part of long term 
negotiations and an eventual settlement to this terrible crises.
  I urge decision-makers in Israel, Lebanon, and the PLO to observe a 
ceasefire, and that the terrorist be brought to justice.
  I also urge neighboring nations, such as Syria, to stop harboring 
terrorists and to participate honestly in negotiations, to pursue a 
mutually beneficial resolution without violence, and to respect the 
sovereign Lebanon.
  Violence is not the only thing to fear. We must do everything within 
our power to prevent further escalation. We must silence the rumbling 
of bombs and the screaming of missiles and restore at least the 
semblance of peace.
  We must condemn the poor response that the Administration has 
exhibited in rescuing Americans. It is not befitting of the most 
powerful nation, and we must expedite the rescuing of American 
citizens. The President must also take to the airwaves to speak to 
Muslims and Arabs to assure them that America remains their friend, and 
the friend of all freedom-loving peaceful citizens of those nations. We 
do not condemn all because of the missteps of some individuals or 
governments in the region.
  It is increasingly important that we immediately begin negotiations 
to resolve this aggression on the northern and southern border, observe 
ceasefire, and the United States must act urgently yet fairly, and 
remain steadfast to bringing peace to the region.
  We must do everything we can to assuage the fear and devastation of 
the last two generations, and take decisive action to ensure that 
today's children, and their children's children, can live in peace and 
safety at last.
  This past Saturday, Saudi Arabia, Jordan, Egypt, and several Persian 
Gulf states, chastised Hezbollah for ``unexpected, inappropriate, and 
irresponsible acts'' at an emergency Arab League summit meeting in 
Cairo. At last, perhaps we will see the larger international 
community--including the Arab League--denounce terrorism and terrorist 
tactics and commit to securing first calm, then peace, for the region 
and for the rest of the world.
  The Middle East is at a crossroads, and Israel needs a partner for 
peace. The new governments of Israel and the Palestinian Authority must 
overcome the burden of history and begin writing the textbooks anew. 
Palestinian and Israeli children should begin to learn that their 
neighbors are good, peace-loving people, and that the region is capable 
of coexistence and friendship.
  I hope that soon all people in the Middle East, Jewish or Muslim, 
Israeli or Arab, can look to God with thankful, not pleading eyes. May 
the words of our tradition inspire our decisions, as it says in 
Proverbs 34:14: ``Seek peace, and pursue it.''
  Before we can have peace, let us pray for calm.
  Mr. LANTOS. Madam Speaker, I yield 2 minutes to my good friend from 
Ohio (Mr. Brown).
  Mr. BROWN of Ohio. Madam Speaker, I thank our leader Mr. Lantos for 
his leadership on this issue, and so many others in this Congress. I 
rise, as did Ms. Jackson-Lee and others, in support of the resolution.
  I would like to cite an article by Charles Krauthammer, who gives 
some history that I think is useful as this debate draws nearer to a 
close, from the Washington Post this last Friday.
  I quote. ``Israel withdrew from Lebanon completely in 2000. It was so 
scrupulous in making sure that not 1 square inch of Lebanon was left 
inadvertently occupied that it asked the United Nations to verify the 
exact frontier defining Lebanon's southern border and retreated behind 
it. This `blue line' was approved by the Security Council, which 
declared that Israel had fully complied with resolutions demanding its 
withdrawal from Lebanon.
  ``Grievance satisfied. Yet what happens?'' Krauthammer writes, 
``Hezbollah has done to South Lebanon exactly what Hamas has done to 
Gaza, turned it into a military base and terrorist operations center 
from which to continue the war against Israel.
  ``South Lebanon bristles with Hezbollah's 10,000 Katyusha rockets 
that put northern Israel under the gun. Fired in the first hours of 
fighting, just 85 of these killed 2 Israelis and wounded 120 in 
Israel's northern towns.''
  Mr. Speaker, we should stand with Israel, we should vote for the 
resolution.
  Mr. LANTOS. Madam Speaker, I just want to thank you for your 
patience. I want to thank my dear friend from Florida for her 
extraordinary graciousness. And I want to thank all of my Republican 
and Democratic colleagues for a serious and substantive debate. I urge 
all of my colleagues to vote for this resolution.
  Madam Speaker, I yield back the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself the balance of our 
time.
  Madam Speaker, I also would like to thank the gentleman from 
California, our ranking member of the International Relations 
Committee, for handling this debate in such a skillful manner. We want 
to thank our majority leader Mr. Boehner, who was one of the authors of 
this resolution; and, of course, our esteemed chairman of the 
International Relations Committee, Mr. Hyde.
  I would like to thank all of the Members who participated in this 
debate, in this very civil debate on a very important topic.
  Mr. BOEHNER. Madam Speaker, I rise today in strong support of this 
resolution. As we speak, the security situation in the Middle East 
continues to evolve.
  The aggressive, unprovoked acts of violence against Israel by 
Hezbollah and Hamas are revealing. It is clear they don't want peace, 
but rather seek the ultimate destruction of Israel. This is why we must 
support Israel's right to defend itself against these armed attacks.
  Each and every day, Israel's very existence is at stake. Since its 
first day as a nation, Israel has lived under a cloud of aggression 
from militant extremists and hostile neighboring governments. Most 
recently, terrorist forces have captured Israeli soldiers and fired 
rockets into Israeli cities--both unprovoked. These acts of aggression 
deserve the rapid and decisive response they received.
  The United States and Israel have a unique relationship based on our 
mutual commitment

[[Page 15140]]

to democracy, freedom, and peace. Therefore, just as our commitment to 
these principles must be steadfast, so must our support for Israel.
  The enemies the United States and Israel face are the same. Their 
nature is brutal, oppressive, and inspired by hatred. The rise of 
Islamic fundamentalism in the Middle East has real security 
implications, not only for Israel, but also for the United States. The 
same ideologically malevolent forces working to destroy Israel are 
working to destroy our cherished political values.
  The United States did not choose to fight Islamic extremists. These 
terrorists chose to fight our way of life. They chose to challenge our 
existence.
  We as a Nation have endured heartbreak, tragedy, and occasional 
setbacks, but we are resolute in taking the fight to the enemy and 
winning. We cannot afford to lose. The stakes are too high; the price 
too great. And because we face the same enemy, we will not ask Israel 
to respond differently. The consequences of not responding are too 
great.
  This resolution simply says Israel has the right to defend itself. 
This includes conducting operations both inside its borders and in the 
territory of nations that threaten it, which is in accordance with 
international law.
  Furthermore, it is incumbent upon Lebanon, Syria, and Iran to rein in 
Hezbollah and Hamas. We know Iran and Syria are helping Hamas and 
Hezbollah. That is why this resolution reaffirms our support for 
President Bush as he seeks to use the most effective range of 
political, diplomatic, and economic sanctions available.
  We are clear in our purpose and our resolve. We are committed to 
peace, democracy, freedom, and prosperity. We will work with those who 
want these values, and we will use all means at our disposal to stop 
those who seek to destroy them.
  I urge my colleagues to join me in sending a strong message of 
support to Israel, and I urge all to support this resolution.
  Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I rise today in 
strong support of H. Res. 921.
  Let us be very clear from the outset of this debate: the current 
conflict was caused by the violent attacks of two terrorist 
organizations on Israel, in Israel. Israel has the sovereign right and 
responsibility to protect and defend itself from these terrorists.
  The roots of this problem must be addressed if there is to be any 
true cessation of violence. Iran and Syria must cease their financial 
and military support of terrorist organizations. Hezbollah must be 
disarmed and no longer be allowed to operate. U.N. Resolution 1559 must 
be fully implemented. The government of Lebanon must be allowed to 
govern the whole of its territories. President Abbas must guarantee 
peace, exercise full control over the Palestinian-controlled territory 
and the Hamas terrorist attacks originating in Palestinian-controlled 
territory must be permanently stopped. This latest violence only 
confirms what we have known since 9/11: the forces of extremism and 
terrorism must no longer be allowed to terrorize peoples and countries 
who desire to live in peace and freedom.
  The approach taken by President Bush has been appropriate. Without an 
end to terrorist operations by Hamas, Hezbollah, and other enemies of 
Israel, there will be no hope for peace.
  The United States should not negotiate with terrorists and neither 
should Israel. Despite the recent set-backs, however, we should 
continue to try to promote peace in the Middle East because it is 
vitally important to the safety and security of America. We must 
continue to encourage peace, but all parties must be willing to truly 
accept Israel's existence and come to the table if peace is to have a 
chance. Unfortunately, without an end to terrorist operations against 
Israel by Hamas and Hezbollah, there is no hope for a lasting peace in 
the Middle East.
  Mr. BUYER. Madam Speaker, the United States has a long history of 
supporting the state of Israel and the strong example of democratic 
values it has brought to the Middle East. The recent events that have 
enveloped the region will not waiver the resolve of our relationship.
  Israel has found itself strained on two fronts. It is battling both 
Hamas and Hezbollah, backed by Iran and Syria, nations known to sponsor 
terrorism and dedicated to the destruction of Israel. While the 
ferocity of Israel's response to the kidnapping of its soldiers by 
these terrorist groups may be in question, Israel has only acted to 
defend its way of life and the intrinsic right for a nation to defend 
its very existence.
  Easing tensions in the region will require that neighboring nations 
take an active role to stabilize the conflict. Egypt and Lebanon must 
have the fortitude to take a leadership role to pursue regional 
stabilization. They must grasp this opportunity to demand that 
immediate steps are taken to resolve the conflict and work to bring 
peace to the region.
  Mr. FERGUSON. Madam Speaker, I rise today in strong support of this 
resolution.
  For generations Hamas and Hezbollah, which are committed to the total 
destruction of Israel, have indiscriminately targeted Israeli civilian 
populations and military forces. In recent days, these terrorists 
organizations have kidnapped Israeli soldiers and singled out Israeli 
citizens for arbitrary relentless rocket fire.
  Hamas and Hezbollah, as dangerous and destructive as their actions 
are in the current conflict, are mere puppets. Hamas and Hezbollah are 
supported by Iran and Syria. With their financial and military 
support--including providing the missiles that today are raining down 
on Israeli towns--the Iranian and Syrian governments are co-
conspirators in the ongoing terrorist attacks against Israel.
  The world community of nations must hold Iran and Syria accountable 
for their actions. Their active support of terrorist nations not only 
threatens Israel but also all nations in the Middle East and those 
throughout the world who are waging the ongoing global war on terror.
  In the face of these terrorist attacks, we must resolve that Israel 
has the absolute right to defend itself--just as the United States did 
following September 11, 2001.
  The time has now come for Congress to reaffirm our commitment to 
Israel and the Israeli people, their absolute right to existence and 
their absolute right to defend themselves.
  Israel is one of the United States' strongest allies. In the last 50 
years, our two nations have forged strong economic, military and 
educational connections. Our bonds have never been more important than 
today in our shared fight against terrorism.
  Today, let us stand in firm resolve against terrorism and with 
Israel.
  I encourage my colleagues to support this important resolution.
  Mr. MICA. Madam Speaker, I rise today in support of H. Res. 921 and 
specifically in support of Israel's right to defend itself against the 
murderous actions of Hamas and Hezbollah.
  The terrorist attacks on Israel and India and the recent July 4th, 
2006 ballistic missile launch by North Korea are stern reminders that 
the United States and world must remain vigilant against radical 
extremism. It is not enough that America and her allies guard against 
weapons of mass destruction, but we must also remain prepared to deal 
with acts of human destruction. Terrorist acts on any sovereign state 
can not and must not be tolerated.
  I am pleased that the House of Representatives and our President has 
remained firm in support of the people of Israel. While I am hopeful 
that a stable peace in the Middle East will be established, no 
arbitrary time limit should be placed on Israel's actions to defend 
itself. Neither should a time line be imposed on bringing to justice 
those who commit unjust acts.
  Mr. GRAVES. Madam Speaker, I rise today in strong support of House 
Resolution 921 and in strong support of our oldest ally in the Middle 
East, the State of Israel.
  Today the Middle East is a region filled with contradictions. It is a 
place where progress and regress have both taken root and are thriving. 
Iraq is no longer ruled over by a tyrant named Saddam Hussein, who 
terrorized people inside and outside his country with unimaginable 
brutality. Today, a democratically elected government has been 
empowered by the Iraqi people to improve security, build 
infrastructure, and move forward. Admittedly, there is still turmoil in 
Iraq; but the progress there is undeniable.
  In the countries that border Iraq to the east and northwest, one 
encounters a far different Middle East. It is in these two countries--
Iran and Syria--where international terrorism has found all too willing 
hosts and official state sponsorship. And it is this state sponsorship 
of terrorism, fueled by the desire of the Tehran and Damascus regimes 
to project influence across a broader region in order to stifle 
democracy and freedom, which has led us to the current crisis in 
Lebanon and Israel.
  This is not the first time that Israel has been forced to engage in 
military operations in Lebanon to secure its northern border and 
protect its citizens. As many of my colleagues will recall, Lebanon 
could not control its border with Israel in 1978, and after numerous 
terrorist attacks against Israel were launched from southern Lebanon, 
the Israeli Defense Forces intervened. The Israeli Defense Forces 
withdrew in June 1978, but were forced to return four years later due 
to further attacks from Lebanese territory. In 1985, Israel withdrew 
its forces from all of Lebanon, save for a security perimeter on their 
common border. In 2000, Israel withdrew its remaining forces from the 
security zone. Immediately thereafter,

[[Page 15141]]

Hezbollah militia members moved into the former security zone, and 
claimed credit for the Israeli withdrawal.
  Beginning in 2005, the Lebanese people have made significant progress 
in their mission to push their Syrian occupiers out of their country. 
In the midst of Lebanon's movement towards true freedom and 
independence from Syria, Hezbollah terrorists crossed the border into 
Israel, then killed eight Israelis and took two Israeli soldiers as 
hostages. This was likely done in coordination with Hamas terrorists in 
Gaza.
  That was July 12, 2006; just one week ago, Madam Speaker. Since then, 
Israel initiated military operations to prevent further attacks and 
once again secure its border with Lebanon. Hezbollah's response has 
consisted of daily rocket attacks that have hit Haifa, Israel's third 
largest city. It is estimated that Hezbollah has an arsenal of at least 
12,000 rockets some of which are Iranian weapons, and many of which 
have reached Lebanon via Syria.
  The United States Department of State has designated Hezbollah as a 
foreign terrorist organization, and its main sponsors are Syria and 
Iran, both of which are state sponsors of terrorism. The Lebanese 
government may protest Israel's current military actions, but these 
actions are essential to Israel's national security, and essential to 
Lebanon's prospects for true sovereignty. Former Lebanese Prime 
Minister Rafik Hariri spoke out against Syrian domination of Lebanon 
and was assassinated on orders from the highest levels of the Damascus 
government. Unless we allow Israel to destroy the terrorist network and 
infrastructure in Lebanon, and drive its agents back into Syria and 
Iran, neither the Lebanese people or Israeli people will have the 
opportunity to live in peace.
  The Government of Lebanon cannot secure its own border, and has not 
prevented the terrorist organizations--sponsored by foreign agents--
from using its soil to launch attacks into Israel. Israel has a right 
to her own national defense, and is exercising that right in striking 
terrorist targets inside Lebanon. On the other hand, Hezbollah is 
reigning down rockets on civilian targets in Haifa, Galilee, and 
Nazareth.
  Prime Minister Ehud Olmert has laid out specific criteria for peace: 
the return of the abducted Israeli soldiers; cessation of the rocket 
attacks and other raids on Israel; expulsion of Hezbollah from southern 
Lebanon and the deployment of the Lebanese Army to that region, and the 
withdrawal of all foreign forces from Lebanese territory. Short of 
these criteria being fulfilled, Israel must take it upon herself to 
unilaterally provide security for her territory and people.
  Madam Speaker, Israel is the oldest democracy in a region not known 
for liberty, and is our oldest ally in a region with many agents that 
are hostile to America and our interests. We must strongly support our 
old friend in this time of crisis. We also must condemn Hamas, 
Hezbollah, and their Iranian and Syrian sponsors in the strongest terms 
possible for their terrorist attacks on innocent Israelis. As we know 
all too well, we must hunt down and eradicate terrorists wherever they 
find sanctuary and assistance, and Israel is doing just that; Israel is 
taking the fight to the terrorists.
  Madam Speaker, this situation proves that Syria and Iran are 
dangerous agents acting on behalf of and in concert with 
fundamentalists, extremists, and terrorists. Hezbollah and Hamas have 
absolutely no remorse for the damage they are inflicting on the Israeli 
people or the Lebanese people, and the clerics in Tehran and tyrants in 
Damascus are encouraging continued carnage.
  In response, this Congress--as representatives of the American 
people--must set an example and stand on the side of freedom, 
democracy, and sovereignty in the face of this challenge. It is the 
latest confrontation in the Global War on Terror, and it is a battle 
that we as Americans cannot afford for Israel to lose. I urge my 
colleagues to support this important resolution.
  Mr. WAXMAN. Madam Speaker, it is a tragedy that we have come to this 
point today, watching the spiral of hostilities between Israel and its 
neighbors.
  Although Israel withdrew completely from Lebanon in 2000, and the 
U.N. Security Council certified the withdrawal to internationally 
recognized borders, Hezbollah still refuses to accept peace.
  Although Israel has removed all its settlers from Gaza and has been 
working with President Abbas to negotiate additional concessions, Hamas 
is still unwilling to lay down its weapons, accept Israel's legitimate 
existence, and come to the table to negotiate the creation of a 
peaceful Palestinian state.
  When Hamas and Hezbollah leaders were elected to be part of the 
emerging democratic governments, some hoped they would focus on leading 
the Palestinian and Lebanese people to fulfill their aspirations of a 
stable and prosperous future.
  Instead, the terrorists have pursued only their own aspirations of 
regional instability and the destruction of Israel.
  Kidnapping soldiers does nothing to promote the welfare of the 
Lebanese and Palestinian people. Missile attacks don't develop the 
economy or expand freedom of movement or provide access to health care 
and education.
  Terrorism has only brought suffering to the people of Gaza and 
Lebanon, and these attacks serve no one but the terrorists and their 
state sponsors.
  We must recognize the role of Syria and Iran in this conflict, and 
the threat they pose to Israel, the United States, and the entire 
Middle East.
  Though it has been unwilling or unable to do so, the world must 
insist that the Lebanese government take control of its borders and 
disarm the terrorists within them as required by the Road Map and the 
U.N. Security Council.
  Israel has made every effort to avoid civilian casualties, and those 
that have occurred are tragic. But Israel's best efforts to spare 
civilians stand in sharp contrast to the terrorists' deliberate efforts 
to target Israeli civilians as they drink their morning coffee or head 
off to school and work.
  Acts like these leave Israel no choice but to break down the 
terrorists' capacity to carry them out. Israel has targeted stockpiles 
of missiles procured from Syria and Iran and blocked the routes through 
which the terrorists would rearm. It is Hamas and Hezbollah who have 
cruelly decided to place these stockpiles among civilians, again 
putting the political and strategic needs of terror above those of the 
people they claim to represent.
  Israel is not the source of instability and danger. Israel withdrew 
from Lebanon and Gaza in pursuit of peace. The terrorist regimes in the 
region have pursued other ends. Israel has every right as a sovereign 
nation to defend its cities from unprovoked cross-border attacks and to 
seek the safe, swift, and unconditional return of its soldiers.
  Mrs. CAPPS. Madam Speaker, I am voting for this resolution because I 
absolutely condemn Hezbollah's senseless, unprovoked cross-border 
attacks on Israel, and the murderous rain of missiles it has unleashed 
on Haifa and other northern cities. Terrorist groups like Hezbollah, 
whose actions have caused the death and misery of hundreds of innocent 
Israelis and Lebanese, deserve no sympathy and no mercy. Hezbollah 
needs to be disarmed, for the sake of Israel's security and, indeed, 
for the stability of the entire region.
  And I also join my colleagues in condemning the actions of Syria and 
Iran for their support and arming of Hezbollah. We see the true nature 
of these regimes when we see the tragic results of their support of 
terrorist groups like Hezbollah.
  But I would have hoped for a different resolution to come before the 
House. I would have hoped for a more comprehensive resolution that 
respects the complexity of the issues unfolding in the area, and the 
necessity for direct U.S. involvement in the unfolding tragedy.
  A more appropriate resolution would recognize the fundamental 
difference between Hamas and Hezbollah. Of course, Hamas should be 
condemned for its actions and the kidnapped Israeli soldier must be 
returned unharmed. But Gaza and Southern Lebanon are two separate 
situations and this resolution confuses that.
  The Palestinian people have legitimate grievances and a solution to 
these grievances can and must be found through negotiations. Hamas 
exploits those grievances, but we must not allow Hamas's actions to 
delegitimize the aspirations of the Palestinian people. Hamas's actions 
do not negate the reality that we simply must resolve the humanitarian 
crisis now engulfing Gaza and the West Bank.
  I believe Israel's security depends on forging a negotiated 
settlement with the Palestinians that will ensure the safety and 
security of both peoples. And while I respect Israel's right to defend 
itself, I am deeply concerned that Israel's response to Hamas' actions 
is only prolonging the suffering of the Palestinian people and putting 
off resolution of this decades long problem.
  Conversely, Hezbollah has no legitimate grievances with Israel.
  Hezbollah seeks nothing more than the destruction of Israel and there 
is no negotiating with it. Only through Hezbollah's complete 
disarmament will we be able to remove its threat to the region.
  I am also troubled by the unqualified praise in this resolution for 
the President and his Administration. The President has done little to 
stop the meltdown of the Middle East that has occurred under his watch. 
Unlike previous Administrations, including that of his father and

[[Page 15142]]

President Clinton, he simply hasn't been engaged. And his response here 
is tragically inadequate, again.
  The U.S. must engage immediately to bring about a cease fire and help 
drive a long term solution for the area. Every major Arab-Israeli 
crisis over the years has ended with U.S. involvement--at the highest 
levels--because the players rely on intermediaries to broker 
agreements.
  We may not like it, but that's the reality of the situation. And 
given that the stability of the region plays so large a role in our own 
national security interests, we must continue to engage forcefully if 
we are committed to bringing about peace in the region. Waiting another 
week before dispatching the Secretary of State is not a viable 
response.
  Finally, I would note that every day this crisis continues brings a 
greater risk of direct involvement by Syria and Iran. As bad as this 
situation is now, direct involvement from either Syria or Iran would be 
much, much worse. Immediate, hands-on U.S. involvement is critical to 
keep the situation from spiraling even further out of control.
  Madam Speaker, the situation in the Middle East grows graver every 
day. Dozens of Israelis and hundreds of innocent Palestinians and 
Lebanese civilians have already died. Beruit, which has only recently 
been restored to its historic splendor, is in ruins. A key ally in the 
area is threatened and our national security interests are as well.
  I urge the Administration to help bring peace to the region.
  Mr. CARDIN. Madam Speaker, I rise in strong support of H. Res. 921, 
condemning recent terrorist attacks against the state of Israel.
  Israel has the absolute right to defend itself against terrorist 
attacks. The United States stands in solidarity with Israel at this 
critical moment. I condemn the premeditated kidnapping and killing of 
Israel soldiers by Hezbollah and Hamas, which are both U.S. designated 
terrorist organizations. Israel has a right to launch operations to try 
to free its kidnapped soldiers that are being held hostage. Israel also 
has a right to defend itself and try to prevent ongoing rocket attacks 
by Hezbollah, which are being launched from Lebanese territory and 
which land in Israeli territory.
  I also condemn the use of civilian populations as human shields by 
Hamas and Hezbollah, which only increase the suffering of innocent 
persons in this conflict. Israel, on the other hand, is taking 
significant steps to minimize and prevent additional civilian 
casualties in both Israel and Lebanon.
  Even though Israel unilaterally withdrew from Lebanon in 2000, the 
Lebanese Government has permitted Hezbollah to operate at its border 
and to repeatedly launch attacks against Israel. United Nations 
Security Council Resolution 1559, passed in 2004, calls for all 
remaining foreign forces to withdraw from Lebanon, directs that all 
Lebanese and non-Lebanese militias should be disbanded and disarmed, 
and urges the Government of Lebanon to exercise control over all its 
territory. We need to fully implement this United Nations resolution.
  Both Syria and Iran have continued to provide funds and weapons to 
the Hezbollah terrorists, which have resulted in numerous Israeli 
civilian casualties. All parties in the region must take immediate 
steps to prevent the operation of terrorist activities on their soil 
and to abide by previous peace agreements. The President should use his 
authority under the Iran and Libya Sanctions Act of 1996 to impose 
additional sanctions on Iran.
  I also call on the Bush Administration to take a more aggressive 
diplomatic role in the conflict in the Middle East, including the 
appointment of a high-level U.S. envoy to the Middle East as soon as 
possible. The Bush Administration should also put pressure on all 
parties in the region to stop terrorist attacks and prevent the flow of 
money and weapons to terrorist organizations.
  Madam Speaker, I strongly urge my colleagues to support this 
resolution, and stand in solidarity with Israel at this critical 
moment.
  Mr. HIGGINS. Madam Speaker, Palestinian militants in Gaza kidnapped 
Israeli soldier Gilad Shalit and later, Hezbollah agents crossed the 
border, killed seven Israeli soldiers, captured two others, and 
continue to hold them captive. Hamas, and Hezbollah, specifically, have 
long relied on Syrian and Iranian support and funding. Now, Iranian and 
Syrian made and purchased Katyusha rockets rain down on Israel from 
Lebanon in the north and Qassam rockets are launched from over the 
border from Gaza in the south. Despite having withdrawn from Lebanon in 
2000 and from Gaza last summer, Israel is under attack.
  I stand by Israel during these troubled times and I strongly support 
H. Res. 921, to be voted on today, which pledges our solidarity with 
this nation under fire; I urge my colleagues to join me in support of 
this bill.
  After the terrible attacks of September 11, 2001, President Bush 
declared that we are engaged in a War on Terror and countries across 
the globe stood up in support of and behind the United States. Now we 
are called upon to stand with Israel during her time of need as she 
defends her borders and her citizens from unprovoked kidnappings and 
attacks.
  Madam Speaker, the international community, led by the United States, 
must ensure the full implementation of U.N. Security Council Resolution 
1559, which passed unanimously in 2004, and calls for disarming 
Hezbollah, removing all foreign forces from Lebanon and deploying the 
Lebanese army to secure the border with Israel. What we are seeing 
today in the region is the consequence of the Lebanese government 
allowing Hezbollah to join its parliament and cabinet while the 
international community did little to exert pressure to force them out.
  Israel, the Jewish state, is defending its citizens, much as this 
nation would if we were under attack. Any innocent civilian deaths--
Israeli, Palestinian, Lebanese, or other--are awful and should be 
minimized in every possible way. But responsibility lies with Hezbollah 
and Hamas who brought Israel's retaliation upon not just themselves but 
the communities they live in by launching unprovoked attacks, and by 
purposefully planting themselves in civilian population centers where 
innocent men, women, and children are used as swords and shields.
  We must continue to stand behind Israel and to show her our 
solidarity against those that continue to do her harm. Additionally, 
the international community, led by the United States, should now 
ensure that Hezbollah is finally disarmed, that Iranian influence is 
forced out of the region, and that Hamas recognizes Israel so that we 
may finally put an end to the cycle of violence.
  Ms. MOORE of Wisconsin. Madam Speaker, I have grave concerns about 
what the future holds for the Middle East. The violence in Israel and 
Lebanon, which began with Hezbollah rocket attacks on an Israeli town 
and a military incursion into Israel and abduction of Israeli soldiers, 
threatens to engulf the entire region. Unless swift action is taken by 
the international community, further escalation and bloodshed will soon 
be upon us.
  As we consider this resolution, H. Res. 921, civilian lives hang in 
the balance. Hezbollah's rocket attacks against innocent Israelis are 
indiscriminate tools of terror against a civilian population. Reports 
indicate that Israeli retaliations have resulted in the loss of 
innocent lives.
  It seems clear that Hezbollah has raised--or lowered--the suicide 
attack to a new level: they have dragged the entire nation of Lebanon 
and all its people into harm's way because of the group's attacks on 
Israel.
  I wish that this resolution made more mention of these innocent 
Lebanese civilians and innocent Israeli civilians who are caught in the 
middle here. They are the ones paying the price.
  I wish that this resolution made more mention of the urgent need for 
the U.S. to step forward, use its considerable influence, and take 
diplomatic action immediately to try to end the bloodshed affecting 
millions on both sides of the border.
  The finding in paragraph 4 of this measure asserts that Israel is 
making every effort to prevent civilian casualties. And while I am a 
staunch supporter of Israel's right to defend itself, it is disturbing 
that some sources report that over 300 Lebanese civilians have been 
killed due to the violence. I hope that Israeli forces truly are making 
every effort to prevent civilian casualties, as indicated by this 
measure.
  Finally, I want to tell you how deeply saddened I am that recent 
events have reduced the power of moderates in the region and dimmed 
prospects for long-term peace. The earlier abduction in Gaza came just 
as talks among Palestinian officials seemed to be reaching a point that 
may have allowed Hamas to open negotiations with Israel. And the 
attacks across the Israeli-Lebanese border will undoubtedly serve to 
diminish and muffle--now and in the immediate future--the voices of 
moderation who would otherwise call for peace.
  It is my hope--no, my demand--that moderate voices in the 
international community, including the United States, will promptly 
work to quell this crisis. Clearly, Madam Speaker, right now we need 
solutions and not just condemnations.
  Mr. WELLER. Madam Speaker, today I rise in strong support for H. Res. 
921, condemning the recent attacks against the State of Israel. With 
this resolution, the United States of America reaffirms its steadfast 
support for the State of Israel, denounces the use of terrorism

[[Page 15143]]

as a tool of influence, and condemns those states that encourage its 
use. Iran and Syria's support for the terrorist organization, 
Hezbollah, does not go unnoticed. I urge the President of the United 
States to continue his support for Israel, as it responds to the armed 
attacks against it, and I support bringing the full force of sanctions: 
economic, political and diplomatic, against these state-sponsors of 
terrorism.
  Madam Speaker, Israel, as a sovereign nation, has the right to defend 
itself and protect its citizens by deterring further attacks by the 
terrorist organization, Hezbollah. Since its founding, Hezbollah has 
been actively supported by both Syria and Iran. These two countries are 
estimated at providing Hezbollah with $100 million annually in addition 
to providing regular weapons shipments. These weapons range from 
rockets, mortars and small arms, to mines, explosives and anti-tank 
missiles. Hezbollah is by no means an innocent victim in an offensive 
war. Hezbollah is a terrorist organization, which has put the people of 
Israel, and the people of Lebanon, in harms way.
  The United States of America knows all too well what drives this 
organization: the taking of innocent life. Before 9/11, Hezbollah 
single handedly killed more Americans than any other terrorist 
organization. In 1983, Hezbollah killed 257 Americans when it bombed 
the U.S. Embassy and U.S. Marine Barracks in Beirut. Between 1982 and 
1992, more than 30 Westerners were abducted by this organization, some 
tortured and killed. In 1996, 19 American servicemen were killed in the 
bombing of a U.S. military housing facility in Saudi Arabia.
  Madam Speaker, this resolution sends an important message: the United 
States of America will not stand by and silently accept terrorism as a 
viable option with which to negotiate. Terrorism is not a viable 
option; it is not an option at all.
  The United States must continue to lead in efforts not only to keep a 
check on the danger presented by Hezbollah and its sponsors, Syria and 
Iran, but also to help achieve a lasting peace in the Middle East. I 
join my colleagues from both parties today in support of Israel's right 
to self-defense and in condemnation of Hezbollah's decision to put the 
people of Israel and Lebanon in danger. Madam Speaker, thank you for 
bringing this important resolution to the floor and I urge my 
colleagues to vote in its favor.
  Mr. SESSIONS. Madam Speaker, in recent weeks, radical terrorist 
organizations have engaged in a number of unprovoked attacks on the 
State of Israel. I rise today in strong support of Israel's right to 
defend its citizens and its borders from acts of terrorism.
  Most recently, Hezbollah military forces committed an act of war by 
crossing the border between Lebanon and Israel, attacking and killing 
several Israeli soldiers and kidnapping two Israeli soldiers. The 
integrity of the internationally recognized border between Lebanon and 
Israel must be respected in order for Israel to provide for its 
security. Hezbollah--a terrorist organization recognized by the U.S. 
Department of State as a Foreign Terrorist Organization (FTO)--operates 
with impunity in many areas of southern Lebanon. Lebanon must accept 
responsibility for and bring an end to military attacks originating 
from within its territory. Iran and Syria also bear responsibility for 
the current crisis, because armaments used by Hezbollah have been 
traced to Iran and transferred through Syria for use by these Hezbollah 
forces.
  This month, Hamas--another organization designated by the State 
Department as a FTO--also conducted an unprovoked military attack on 
Israel, killing and kidnapping Israeli soldiers. This military invasion 
represents a small part of the Palestinian violence emanating from Gaza 
into Israel. Last August, Israel withdrew every settler and soldier 
from Gaza in hopes that Palestinians would establish a democratic state 
capable of living side-by-side in peace with Israel. However, 
Palestinian terrorists took this historic opportunity to begin 
systematically firing Kassam rockets at Israeli towns. Over 1,000 have 
been fired since Israel's total withdrawal from Gaza--and it is 
important to note that the rockets are fired into territory belonging 
to Israel before 1967 and universally recognized as being Israeli 
territory.
  Israel has the obligation and the right to defend its citizens 
against attacks emanating from both Lebanon and Gaza. I support 
Israel's right to take the appropriate military action necessary to 
deter future attacks, and hope that Israel's neighbors will take this 
opportunity to control future terrorism within their own borders.
  Mr. KNOLLENBERG. Madam Speaker, I rise today in support of H. Res. 
921, a resolution expressing support for the security of the State of 
Israel.
  Over the last few days, it has been hard to turn on the television 
without seeing disturbing images of the current conflict in the Middle 
East.
  Many of us share serious concerns about future of the Middle East. It 
seems unfair that this area--which has suffered so much conflict 
already--now is confronted with yet another period of escalating 
violence.
  The long simmering tension in this region has finally come to a 
boiling point. The capturing of Israeli soldiers and the attacks on 
innocent civilians by the terrorist organization Hezbollah is 
absolutely unacceptable.
  The President was correct when he stated that Israel has a right to 
defend itself against the aggressions by Hezbollah. The U.S. must stand 
side by side with our friends in the Middle East--especially Israel--as 
they fight terrorism in and around their borders. Israel must have our 
support and prayers as they continue to fight against those who murder 
innocent civilians just to advance their political agenda.
  The loss of innocent life in this region over the last few days is 
heartbreaking. The people of Israel and Lebanon deserve to live in 
freedom and peace, safe from violence and terror.
  Madam Speaker, the source of this current conflict does not lie 
within Israel or Lebanon. To put it plainly, the violence in the region 
is rooted in Iran. The support of Hezbollah by Iran in countries like 
Lebanon only serves to encourage violence, unfairly damage the region's 
fragile democracies, and undermine the rights of citizens in that 
region to fair and uncorrupted government.
  Iran has created and supported terrorism and continues to funnel 
money and weapons to Hezbollah and Hamas. In fact, missiles that have 
targeted Israeli forces over the last few days have been traced to 
manufacturers in Iran.
  It is clear that a nuclear Iran puts the Middle East and all 
countries around the world in grave peril. Iran has repeatedly defied 
the international community and has progressed in its development of 
nuclear capabilities. If Iran continues with its rogue nuclear 
programs, it will not be long before these weapons fall into the hands 
of terrorist organizations such as Hezbollah and Hamas.
  If we want to address the future security and stability of the Middle 
East, the U.S. must work to curb extremism and violent political 
activism nurtured by the Iranian government. The U.S. and the 
international community must come together behind a united front and 
stand with unwavering strength against the Iran's state-sponsored 
terrorist organizations and activities.
  Here at home, it is now more important than ever that we realize that 
our own safety and security depends on the destruction of terrorism in 
the Middle East. This isn't just a Middle East problem--the attacks in 
London, Madrid, Bali, and now India show us that this is world terror. 
And, as we saw first hand on 9/11, America is not immune to terrorists 
who seek to destroy freedom and democracy.
  Although the conflict in the Middle East can seem distant and 
unrelated to our daily lives, it is vitally important that we remember 
our past, present and future is intrinsically linked with this region. 
As the situation continues to unfold over the next days and weeks, let 
our thoughts and prayers be for a true and lasting peace in the Middle 
East.
  Madam Speaker, I urge support for H. Res. 921 to show solidarity with 
Israel in their quest for security and peace, and to show our 
commitment to defeating terrorism around the globe.
  Ms. SCHAKOWSKY. Madam Speaker, as a Jew, as someone who loves Israel, 
and as a member of Congress, I stand in solidarity with the people of 
Israel.
  I remain committed to a peace process for Israel's security and for 
the future of the Middle East. Unfortunately, that peace process and 
the relative calm that has been the reality in the region in recent 
months were violently attacked at dawn on June 25th when a Hamas terror 
cell infiltrated Israel through a tunnel, murdered two Israeli 
soldiers, and kidnapped 19 year old Corporal Gilad Shalit. The 
operation was praised by the Hamas government. This came after Israel 
had fully withdrawn from Gaza in September 2005, a move that offered 
the Palestinian people the opportunity to begin the development of 
their future independent state.
  Then on July 12th, the Iran and Syria-supported Hezbollah terrorist 
organization crossed the internationally recognized border between 
Lebanon and Israel under a barrage of rocket and missile salvos, 
initially killing two Israeli soldiers and kidnapping two more. From 
positions in Lebanon, Hezbollah launched dozens of rockets laden with 
ball bearings indiscriminately at civilian communities in Israel. 
Israel fully withdrew from Lebanon in May of the year 2000. Last week's 
attack was so egregious that it prompted the leaders of Arab

[[Page 15144]]

states, such as Saudi Arabia, Egypt, and Jordan to condemn Hezbollah's 
act of vicious terrorism.
  The premeditated, coordinated, and unprovoked terrorist attacks on 
Israel, from territory that Israel voluntarily conceded in an effort to 
promote peace and regional security, are absolutely indefensible. Hamas 
and Hezbollah bear direct responsibility for this current conflict.
  Hezbollah receives military, financial and political support from 
Iran and Syria, with Tehran providing the terrorist group with an 
estimated $100 million annually. Regular weapons shipments including 
Katyusha rockets, new long-range ballistic missiles, Chinese-made anti-
ship missiles, mortars, anti-tank missiles, mines, explosives and small 
arms are sent to Hezbollah from Tehran through Damascus.
  Iran and Syria have provided Hezbollah with more than 10,000 rockets, 
including shorter-range Katyushas and more sophisticated longer-range 
weapons, which the terrorist group is now firing at major Israeli 
population centers across northern Israel and beyond. In fact, on July 
14th, Hezbollah used a Silkworm cruise missile to attack an Israeli 
ship, killing four sailors and yesterday, rockets slammed into a 
Christian-Arab neighborhood of Nazareth, a city respected by people of 
all faiths around the world.
  Both Syrian President Bashar Assad and Iranian President Mahmoud 
Ahmadinejad have met with Hezbollah Secretary General Hassan Nasrallah 
in the past year to reaffirm their ties to the terrorist group. 
Ahmadinejad promised to continue to support Hezbollah's struggle 
against the ``enemies of Islam.''
  Israeli and American officials believe Hezbollah would not have 
attacked Israel without a green light from its patrons in Damascus and 
Tehran, and the leaders of both countries have subsequently expressed 
strong support for the attacks on Israel.
  The United States Congress has already enacted several laws, 
including the Syria Accountability and Lebanese Sovereignty Restoration 
Act, and the Iran and Libya Sanctions Act, all of which call for the 
imposition of sanctions on Syria and Iran for, among other things, 
their support for terrorism and terrorist organizations. We must insist 
that President Bush bring the full force of political, diplomatic, and 
economic sanctions available to the Government of the United States 
against the Governments of Syria and Iran.
  Sadly and frighteningly, Hezbollah remains off the European Union's 
(EU) terrorist list. This means that European nationals continue to 
provide Hezbollah with material support to this day. President Bush and 
Secretary of State Rice must make an immediate push with our European 
allies to have Hezbollah added to the EU terrorist list.
  Israel has the responsibility to defend its citizens and cannot be 
expected to tolerate the violent provocations Hamas and Hezbollah 
committed this month. And while I am convinced that Israel is using 
every possible effort to avoid civilian casualties, it has become clear 
that the terrorists in Hamas and Hezbollah stage their actions from 
within civilian communities, thereby intentionally putting civilians at 
risk. Israel must do what is necessary to defend itself while 
continuing to make every effort to avoid civilian casualties.
  As the New York Times stated: ``Kidnapping Israeli soldiers to use as 
bargaining chips for the release of Arab prisoners is horrible behavior 
for groups that claim international recognition and political 
legitimacy, as Hamas and Hezbollah do. The same applies to lobbing 
rockets over Israel's borders in the hope that they might kill 
unsuspecting civilians.''
  It is long past due for the international community to implement 
fully UN Security Council Resolution 1559, adopted in September 2004, 
which calls for the Lebanese army to secure southern Lebanon's border 
and for Hezbollah to be disarmed and disbanded. Lebanon cannot be free 
and democratic so long as Hezbollah continues to operate as a state 
within a state, complete with its own army.
  Regarding the Palestinians, the peace process will continue to be 
under attack until Hamas denounces its violent charter, rejects 
terrorism, and recognizes Israel's right to exist and decides it is 
more important to build a Palestinian state than destroy the Jewish 
State. I encourage Israeli leaders to maintain a dialogue with 
moderates within the Palestinian Authority in order to keep hope of a 
two-state solution in the near future alive.
  But in the meantime, the United States must stand by its friend and 
ally, Israel, and the Bush Administration must actively engage itself 
in seeking a resolution to this situation. As a first step to restoring 
calm, the kidnapped Israeli soldiers in Gaza and Lebanon must be 
returned unconditionally and unharmed, and the indiscriminate rocket 
attacks on Israeli civilians by Hamas and Hezbollah must end 
immediately.
  I strongly encourage all of my colleagues to support H. Res. 921.
  Ms. McCOLLUM of Minnesota. Madam Speaker, today the world watches 
with sadness and grave concern as the Middle East is at war, civilians 
are being killed and maimed, and the possibility of a region-wide 
conflict grows by the day. People around the world watch this violence 
and ask what are the world's leaders doing to stop the killing, to end 
the bloodshed? We hear tough words, satellite television diplomacy, 
accusations and excuses, but no action or urgency to end the violence. 
With this type of global response we can all be tragically assured that 
our televisions will continue to show the horror, destruction and the 
suffering faces of innocents in Israel and Lebanon for some time to 
come.
  I extend my prayers and heartfelt sympathy to the citizens of Israel 
and Lebanon who are suffering and grieving. Allow me to also extend my 
sympathies to Canada which also had citizens tragically killed in this 
conflict. In light of so many civilian deaths and destruction of 
infrastructure, it would be my hope and desire that the international 
community, led by the United States, would immediately start the 
difficult work of brokering a cessation to the killing and the start of 
a process to resolve this conflict through diplomacy rather than 
rockets and bombs. This is essential to allow the thousands of U.S. 
citizens to be safely evacuated out of Lebanon, as well as to prevent a 
much larger regional conflict from starting.
  The entire world knows that Hezbollah, a terrorist organization, has 
provoked this conflict by illegally entering the sovereign territory of 
Israel on the border with Lebanon, abducting two Israeli soldiers and 
killing eight more. Today, this House rightly condemns this act and 
Hezbollah's on-going acts of terror with the passage of H. Res. 921.
  The United States has a profound national interest in the security of 
Israel. The right of Israel and all sovereign nations to be secure and 
defend themselves from acts of violence and terror is clearly defined 
in international law. The action of Hezbollah to enter Israel on July 
12, 2006 and commit acts of kidnapping and terror demands a focused 
military response that sends a clear message that terrorism will not be 
tolerated. The firing of rockets into Haifa and other Israeli cities 
and towns with the intent of killing and harming innocent civilians 
requires a firm, focused and proportional response against Hezbollah.
  Yet, today, after a week of open warfare, there is the on-going 
destruction of civilian infrastructure in both Haifa and Beirut and 
more than 300 dead in Lebanon and at least 25 dead in Israel, 
overwhelmingly innocent civilians on both sides. In the near term, 
there is no prospect of security for Israeli or Lebanese civilians, 
only more death, destruction, fear and suffering on both sides. It is 
time for the international community to change this hopeless dynamic 
and immediately start to work to end this war using diplomatic power 
before it escalates and spreads throughout the entire Middle East. On 
the day of Hezbollah's incursion into Israel, Prime Minister Ehud 
Olmert said, ``I want to make clear that the event this morning is not 
a terror act, but an act of a sovereign state that attacked Israel 
without reason.'' This statement explicitly attributes to the Lebanese 
Republic the responsibility for this aggression against Israel, not 
Hezbollah. This is of concern since there has been no evidence put 
forth that the nascent government of Lebanese Prime Minister Faud 
Siniora has any knowledge of or sanctioned Hezbollah's terrorist act.
  Lebanon is being bombed, ripped apart, in response to Hezbollah's 
terrorism. This strategic response may offer short-term security for 
Israel, but it also has the very real potential of transforming Lebanon 
into a radicalized, failed state. How will Lebanon recover politically 
and economically when this war ends? It is inconceivable that when the 
bombing stops there will suddenly be an international outpouring of 
generous donors willing support to spend billions of dollars to rebuild 
Lebanon's destroyed infrastructure, re-invest in its evaporated 
economy, and salvage its threatened democracy. It is much more likely 
that a new generation will be radicalized by the loss of hope in the 
future. At this moment, the prospect of a land bridge--a terrorist 
highway--of failed states and rogue nations stretching from the 
Mediterranean Sea to the Persian Gulf is a scenario that has emerged 
and poses a major threat to global security.
  I am disturbed at the diplomatic impotence of the Bush administration 
as it plays the role of a spectator watching this war escalate and the 
death-toll mount. United Nations Secretary General Kofi Annan is 
correct and to be commended for moving forward quickly to marshal 
international support to negotiate an immediate cease fire. I believe 
President Bush

[[Page 15145]]

should join him in working to make a cease fire a reality. Furthermore, 
I strongly agree with Mr. Annan's call for a significant multinational 
force in Lebanon to secure the border with Israel, eliminate 
Hezbollah's military capacity, and help to establish the presence of 
whatever Lebanese army remains to enforce UN Security Council 
Resolution 1559.
  Of course there are many voices here in the United States that oppose 
diplomacy and are comfortably dismissive of the death, destruction and 
long-term consequences of this war. Today, an editorial in the 
Washington Post dismisses diplomacy by saying, ``If Secretary of State 
Condoleezza Rice makes the mistake of visiting Damascus, Mr. Assad will 
roll out the red carpet; then he will offer to stop the rocket and 
missile fire against Israel by Hezbollah and Hamas, on Syria's terms. 
The result will be to restore Damascus's influence in Lebanon and 
destroy the new independent, democratic government in Beirut--which has 
far more to fear from such a deal than from Israel's cratering of its 
airport runways and bridges.'' This ``let them fight'' sycophancy from 
the comfort of a safe office in the U.S. rather than a bombed out 
apartment or office building in Beirut ignores the obvious--Lebanon's 
democracy is being destroyed and it is a country on a path to becoming 
a failed state, as well as a haven for terrorists for years to come, 
unless the international community intervenes to change the current 
equation and establishes a guarantee of security for civilians.
  It is important to remember that on April 18, 2006, President Bush 
appeared at a White House with Lebanon's Prime Minister Siniora and 
said, ``There's no question in my mind that Lebanon can serve as a 
great example of what is possible in the broader Middle East; that out 
of tough times the country has been through will rise a state that 
shows that it's possible for people of religious differences to live 
side-by-side in peace; to show that it's possible for people to put 
aside past histories to live together in a way that the people want, 
which is, therefore, to be peace and hope and opportunity.''
  Three months later Prime Minister Siniora's nation is a war zone, 
Israel is under attack daily from Hezbollah rockets, and the United 
States is content with waiting for the outcome of a conflict which 
threatens our vital security interests. It is shocking, sad and 
disturbing turn of events.
  Today we pass H. Res. 921 and recommit our support for Israel as it 
is under attack from a terrorist organization. Our prayers are with the 
families in Israel that want security, peace and hope. At the same 
time, my prayers are with the people of Lebanon who reject terror and 
have rebuilt their country over the past decade after years of civil 
war. Israeli cities and towns are being terrorized by Hezbollah rockets 
that should be targeted and destroyed, but I do not believe the massive 
attacks launched against civilian targets in Lebanon are justified.
  The U.S. has an obligation to stand with our ally as well as advance 
our vital interests in the region--security for Israel and the survival 
of Lebanon. Defending these interests is complicated and 
extraordinarily difficult because Israel is not secure and Lebanon may 
not survive. Unfortunately, the Bush administration has chosen the path 
of apathy, not diplomatic action. It is absolutely essential that the 
U.S. engage the rgion, hold terrorists accountable, and mobilize the 
Arab world, along with our European allies, to end the terrorist 
attacks on Israel while providing Lebanon with the support and 
resources needed to survive and excise Hezbollah. To do anything less 
in the upcoming days allows the possibility for an escalation into a 
global security and economic nightmare that will bring this Middle East 
war home to America.
  Mr. EMANUEL. Madam Speaker, during these troubled times it is more 
important than ever for the United States to express its firm 
commitment to the State of Israel.
  Since the very beginning of its existence, Israel has been a vital 
ally of the United States, enjoying a strategic partnership based on 
shared democratic values, friendship, and respect.
  The State of Israel was established as a sovereign and independent 
nation 58 years ago, and it continues to be a strong friend of the 
United States and a beacon of democracy in the Middle East. Our 
democracy must stand by democratic governments such as Israel as their 
existence is threatened by the forces of totalitarianism and extremism.
  The people of Israel have worked tirelessly to live in peace with 
their neighbors in the Middle East, and I commend them for their 
efforts. Unfortunately, that fragile peace has been shattered by the 
acts of terrorists bent on death and destruction, and Israel must be 
allowed to defend itself against these attacks.
  Today a multitude of my fellow Chicagoans will join in a rally at the 
Federal Plaza to express their solidarity with the State of Israel. I 
commend these citizens and the organizers of the rally, including the 
Jewish Federation of Chicago. I also commend the Jewish United Fund for 
its financial contributions to help move children and refugees out of 
the northern region until this conflict is resolved.
  Madam Speaker, I wish peace and prosperity to return to the region 
for all of its people. But a just and lasting peace can only be 
achieved with an end to terrorism. We stand with the State of Israel in 
that fight.
  Mr. MICHAUD. Madam Speaker, I rise today in support of H. Res. 921.

  We must fully and clearly condemn the attacks on sovereign, 
undisputed Israeli territory as the terrorist attacks that they are. 
The June 25th murders and kidnapping carried out by Hamas are an act of 
war. The July 12th murders and kidnappings carried out by Hezbollah are 
an act of war. As a sovereign state, Israel has the right to defend 
itself and its citizens from these attacks.

  Hezbollah must immediately stop its attacks on innocent Israelis. All 
provisions of United Nations Resolution 1559 calling for the complete 
withdrawal of all foreign forces from Lebanon and the dismantlement of 
all independent militias in Lebanon must be fully implemented. Iran and 
Syria must end their proxy war with Israel at the expense of the 
Lebanese, Israeli, and Palestinian people.

  Israel has the right to defend itself from these most recent criminal 
attacks, but I believe Israel must show restraint and limit civilian 
casualties as it struggles to end the threat posed by the terrorist 
organization Hezbollah--an organization which is responsible for more 
American deaths in recent decades than any other group except Al Qaeda. 
The Lebanese government must be able in the future to provide security 
within its own country and return to the path of peace and mutual 
security. That is the path of hope.

  We all look toward the day when a secure Israel can live in peace 
with its neighbors, including a sovereign democratic and peaceful 
Palestinian state. If we are ever going to reach that goal, a goal 
shared by a majority of the world, then the United States and the 
international community must be fully diplomatically engaged in ending 
the terror and violence suffered in the region. My thoughts and prayers 
are with the innocent Israelis, Palestinians, Lebanese and foreign 
nationals who are all in harm's way.

  I condemn this new escalation of violence and the terrorist attacks 
on Israel. I join my colleagues in standing with our ally Israel during 
this time of struggle. I call on the terrorist groups to release their 
hostages and turn away from the path of violence. I pray for lasting 
peace and mutual security and prosperity for all who suffer through 
this terrible conflict.
  Mr. HOLT. Madam Speaker, I rise today in strong support of H. Res. 
921, which condemns the recent attacks against the State of Israel and 
supports her right to defend herself. The United States has no closer 
ally in the Middle East and, at this difficult and troubling time, it 
is essential that the United States maintain its steadfast commitment 
to Israel and all her people.
  Today, my thoughts and prayers are with Israel, her brave citizens, 
the captured soldiers, and all the innocent people on both sides of the 
border with Lebanon and the Gaza Strip. It is important that America 
supports Israel as she defends herself against the deadly and 
destructive acts of terrorists. Those who committed these heinous 
attacks must know that they will not succeed in destroying the State of 
Israel, nor will they diminish the spirit of the Israeli people.
  Each day brings more rocket attacks from Hezbollah that target 
innocent civilians in northern Israel. These attacks must be stopped, 
and to do so Israel has the right to go after the Hezbollah terrorists 
who launch them from southern Lebanon with the assistance of Syria and 
Iran.
  Despite the commitment and good faith efforts made by Israel to build 
a lasting peace in the Middle East, the terrorist organizations Hamas 
and Hezbollah engaged in unprovoked attacks on Israel and kidnapped 
three of her soldiers. Israel withdrew from the Gaza Strip, but Hamas 
responded with violence. Israel withdrew from southern Lebanon, but 
Hezbollah responded with terrorism. These terrorist organizations are 
killing innocent Israelis despite every attempt to demonstrate their 
genuine commitment to peace.
  I hope that this crisis ends soon. In fact, I think it would be 
beneficial if the United States helped to arrange a cease fire, but 
Israel will and should maintain control of her own security. The 
experience of the last weeks reaffirms the right of nations to defend 
themselves

[[Page 15146]]

against acts of terrorism, especially by organizations that are part of 
sovereign governments. But there are other lessons for those who do not 
live in the Middle East.
  First, when there are opportunities to support moderate governments, 
we must do so. Part of the reason Hezbollah is still in south Lebanon 
is because it is backed by Iran and Syria, while the government of 
Lebanon was left without similar strong backing from the international 
community, including the United States.
  Second, we must also remember the fact that extremism incubates in 
societies ravaged by poverty, hopelessness and humiliation. We cannot 
eliminate terrorism simply by suppressing terrorists. We must also lift 
up the societies and groups upon which terrorists rely for their 
recruitment.
  And third, when confronting terrorists, every effort must be made to 
protect the civilians around them and prevent destruction to civilian 
communities. We cannot win the battle of ideas and prevail in the fight 
against extremism if the people we are trying to lift up are reduced to 
living in rubble.
  Madam Speaker, the bible recounts many miracles performed by God. And 
miracles seemingly have helped Israel flourish since its independence. 
As the first Prime Minister David Ben Gurion once said, ``in Israel, in 
order to be a realist you must believe in miracles.'' I still strongly 
believe in the dream that has become the wonderful reality of Israel.
  I urge my colleagues to support Israel and to support this important 
resolution.
  Mr. GARRETT of New Jersey. Madam Speaker, I rise today with full and 
strong support of H. Res. 921 and stand by our good friend Israel. 
Israel is once again under attack from ruthless regimes residing within 
the borders of their Arab neighbors.
  At this very moment, Israel is engaged in defensive measures against 
the terrorist organizations Hezbollah and Hamas in response to their 
recent indefensible actions. These fanatical fringe associations have 
engaged in kidnapping and murdering Israeli soldiers and have sent over 
a thousand rockets into civilian Israeli neighborhoods. It is these 
terrorist groups that threaten peace in the Middle East and security 
for both Israeli and Arab peace-loving peoples.
  The actions taken by Israel are simply an effort to rescue their 
kidnapped citizens as well as take out as many of the 14,000 Katyusha 
rockets controlled by Hezbollah and the unknown number of Qassam 
rockets controlled by Hamas already aimed at Israel. In taking action 
against Hamas and Hezbollah, Israel is exercising their unquestionable 
right to self-defense against unprovoked attacks on its sovereign 
territory by terrorist groups.
  Israel exercised great restraint in not responding to the four 
separate rocket attacks on its people over the past year. Since 
Israel's handover of Gaza, the terrorists there have used that 
territory to launch more than 1,000 rocket attacks in the past 6 months 
alone. They act now because they must.
  Hezbollah is not only a significant aggressor and threat to Israel, 
but has also been a sworn enemy of the United States. Before 9/11, it 
had killed more Americans than any other terror group. It was in 1983 
that Hezbollah killed 257 Americans when they bombed the U.S. Embassy 
and U.S. Marine barracks in Beirut.
  Perhaps the most troubling scenario in all of this is who is actually 
pulling the strings in these attacks. Since its inception, Hezbollah 
has received active support from Iran and Syria, which provide the 
terrorist group with an estimated $100 million annually. Iran has also 
actively helped fund Hamas which has also claimed some responsibility 
for the kidnappings that precipitated this turmoil. Iran's leaders 
proudly declare that ``Israel should be wiped off the map.''
  I urge the nations of the Middle East to join with the State of 
Israel in condemning the horrific actions of these evil terrorists and 
in promoting real peace and stability for all people of the region.
  I wish the Israeli people safety and security and pray for a quick 
resolution in these troubling times.
  Mr. BONILLA. Madam Speaker, I rise today to express my solidarity 
with the State of Israel in its ongoing struggle against terrorist 
organizations such as Hezbollah. Despite U.N. Resolution 1559 which 
demands the disarming of Hezbollah, the organization still operates as 
an armed force in Lebanon threatening the stability of the region and 
freedom throughout the world. In fact, prior to September 11, 2001, 
Hezbollah was responsible for more American deaths due to terrorism 
than any other organization. This organization continuously fires 
rockets into Israel, and on July 12 conducted an unprovoked attack into 
Israel, killing at least three soldiers and kidnapping two.
  It is without question that Israel is exercising its inherent right 
of self-defense by taking action against Hezbollah. Israel's military 
actions appear appropriate to prevent the further removal of the two 
kidnapped soldiers into Syria or Iran. It is clear that Hezbollah is 
supported by direct financial, military, and political aid from Syria 
and Iran, and Hezbollah also receives important support from sources 
within Lebanon. In fact, Iranian Revolutionary Guards continue to 
operate in southern Lebanon, providing support to Hezbollah and 
reportedly controlling its operational activities.
  Congress has already enacted several laws, including the Syria 
Accountability and Lebanese Sovereignty Restoration Act of 2003, and 
the Iran and Libya Sanctions Act of 1996 which call for the imposition 
of sanctions on Syria and Iran for, among other things, their support 
for terrorism and terrorist organizations.
  Israel is and will continue to be one of our greatest allies. Some 
examples of their cooperation include Israeli produced Unmanned Aerial 
Vehicles, UAV, that have been used by the United States military to 
identify targets, survey damage caused by bombs, and provide air 
support for United States soldiers. The United States military is also 
currently using Bradley Reactive Armor Tiles, BRAT, originally designed 
by the Israeli military. One hundred United States Bradley vehicles, 
which were installed with BRAT, overcame direct anti-armor fire and 
repelled each attack successfully in Iraq. Most importantly, however, 
Israel is among our strongest allies in the global war on terror. No 
free nation can allow this scourge to continue to grow and spread 
unchecked. The brave and proud people of Israel are standing up to 
terror and we must stand with them.
  Mr. McCAUL of Texas. Madam Speaker, I rise today in strong support of 
Israel, our ally in the Middle East. I would like to thank Majority 
Leader Boehner and Chairman Hyde for their leadership in bringing this 
timely resolution to the floor.
  Since its inception nearly sixty years ago, Israel has been engaged 
in a war for its survival. It has conducted that war according to every 
rule set out by the international community and has always acted with 
restraint when it comes to civilians. Israel's enemies have not only 
acted without restraint, they have deliberately targeted civilians in 
an effort to terrorize the nation.
  Israel is now engaged in a new chapter of its war on terror. I fully 
support Israel's right to defend its citizens by using all means 
necessary to destroy terrorists and those that support them. However, 
we must also consider the root cause of today's violence. For nearly 
thirty years, the government of Iran has been monetarily and militarily 
supporting Hezbollah around the world. Evidence of Syrian and Iranian 
complicity in Hezbollah's abduction of two Israeli soldiers last week 
is abundant.
  The scourge of terrorism will never go away until the state sponsors 
of terrorism have been dealt with decisively. Iran today remains the 
world's largest state sponsor of terror. Iran's president has 
repeatedly threatened to bring a rain of fire to Israel and the United 
States. Imagine what might happen if they get a nuclear weapon to back 
up those threats. The majority of the Iranian people oppose the 
theocratic dictators that rule their country. The time has come for the 
United States to actively support the Iranian people and help them 
bring about democratic change in their country.
  Ms. ESHOO. Madam Speaker, I rise today in support of this Resolution 
which condemns Hezbollah and Hamas, the terrorist attacks against 
Israel and the full support of the U.S. for Israel to defend herself 
and live in peace among her neighbors.
  As I support this Resolution, I believe it is deficient in not 
expressing this body's strongest desire for all parties involved in the 
current conflict to exercise military restraint in order to spare the 
lives of innocent Israeli and Lebanese civilians.
  While the Lebanese people have been making laudable strides toward a 
more positive future and a peaceful coexistence in the region, 
terrorists have sought continuously to ignite conflict. The Government 
of Lebanon has paid a price for their stand against Hezbollah and 
Syria, enduring assassinations, political and social turmoil, and now 
the wide-scale destruction of civilian lives and critical 
infrastructure.
  As a result the people of Lebanon are alongside our friends in Israel 
in being victimized by Hezbollah and Hamas in the current crisis. Both 
sides are enduring extraordinary hardship from air and rocket attacks 
and hundreds of civilians have been killed during the current military 
campaign. The terrorists have succeeded in creating a humanitarian 
crisis which the international community, including

[[Page 15147]]

the United States, has yet to respond to. The escalating conflict is 
nearing full-scale war and terrorists and their state sponsors are 
realizing their goal of scuttling the Roadmap to Peace and pushing 
regional leaders away from the negotiating table.
  I believe the United States has the responsibility and the power to 
be the voice of reason and put an end to brinkmanship. The region is 
desperate for restraint on the part of all parties. The Resolution is 
silent on this.
  It should be our goal today to protect the civilian lives and 
critical infrastructure that have been targeted in the current 
fighting, and work to bring about restraint to resolve the crisis 
without further bloodshed.
  We need a policy in the Middle East that does not begin and end with 
military force. A political solution must be structured and the U.S. 
can and should take a decisive role through diplomacy and negotiations 
to shape a solution to the conflict.
  It is regrettable that the above is not addressed in House Resolution 
921.
  Mr. KILDEE. Madam Speaker, I rise in support of House Resolution 921. 
I strongly believe that the State of Israel has the right to defend 
itself and its citizens from attacks from Hezbelloh. No country in the 
world would long tolerate the capture of its soldiers or the continual 
rain of deadly missiles and rockets onto its cities, towns, and 
villages without retaliating.
  Madam Speaker, I also support the statements by President Bush and 
the leaders of the other G-8 nations that Israel should exercise the 
utmost restraint in its military actions in Lebanon. It is crucial that 
Israel seek to minimize the loss of civilian lives and the destruction 
of the civilian infrastructure of Lebanon, as well as the 
destabilization of the Lebanese Government.
  Moreover, thousands of Americans are currently trapped in Lebanon. 
Many of these Americans have family ties to my State of Michigan. I 
urge the State Department and the Department of Defense to evacuate 
these American citizens swiftly and safely. I am also pleased that the 
Bush administration has agreed to not charge the American citizens for 
the costs of their evacuation from Lebanon.
  Madam Speaker, the United States is the only superpower in the world. 
We should work closely with the United Nations and the international 
community to help find a lasting solution to Israel's conflicts with 
her neighbors. As the G-8 leaders said in their statement on the Middle 
East, the root cause of the problems in that region is the absence of a 
comprehensive Middle East peace. America should be leading the way to 
such a comprehensive peace between Israel, Lebanon and the 
Palestinians. In the near term, an immediate cease fire would allow 
desperately needed humanitarian assistance to reach the people of 
Lebanon, and would allow the Israeli residents of northern Israel to 
return to their homes and lives.
  Mr. WEXLER. Madam Speaker, I rise in strong support of this 
resolution to express unwavering support for Israel as it faces a 
campaign of violence perpetrated by Hezbollah; express strong support 
for the Israeli government, which has evoked its unequivocal right to 
self-defense; and express support for the Israeli people, who are not 
alone. America stands shoulder-to-shoulder with Israel in its ongoing, 
58-year struggle for security and peace.
  Israel has been victimized by attacks on its sovereign land, and the 
international community must join us in decrying these horrific acts. 
Make no mistake--Hezbollah is not Israel's problem alone. In the past 
few years, Hezbollah has acquired advanced weaponry from Iran and Syria 
that threatens the security of Israel, the stability of the region, and 
American interests in the Middle East. The world cannot afford to 
remain on the sidelines as Israel fights to eradicate this global 
threat.
  Two years ago, the United States and France joined together in 
passing U.N. Security Council Resolution 1559, which asserted the 
sovereignty of Lebanon and demanded the disarmament of Hezbollah. While 
Syria withdrew its troops from Lebanon, the Lebanese government was 
negligent in failing to disarm Hezbollah. During this time, Hezbollah 
strengthened its arsenal while continuing to serve as a terrorist proxy 
for Syria and Iran.
  Today, I call on the international community to assist the Lebanese 
government in fulfilling its obligations outlined in U.N. Security 
Council Resolution 1559. I call on the European Union to add Hezbollah 
to its terrorist list. I call on the United Nations to hold Iran and 
Syria responsible for arming, financing, and supporting Hezbollah. And 
I respectfully call on President Bush to implement the full range of 
U.S. sanctions against Syria and renew U.S. sanctions against Iran. As 
Israel's strongest ally and friend, the United States must exhaust 
every effort to restore stability and security to the Middle East.
  As we reflect on the violence unfolding as we speak, we are reminded 
of the resilience and perseverance of the Israeli people, who have 
never sacrificed the dream of peace. It is my wish that the vision of 
hope embodied in Israel's national anthem--Hatikva--may come to 
fruition, and that Israel will succeed in defeating Hezbollah and 
creating a lasting peace.
  Mr. FARR. Madam Speaker, I offer my heartfelt condolences to the 
families who have lost loved ones in the recent escalation of violence 
in the Middle East. I am pleased that H.Res. 921 expresses Congress's 
``condolences to all families of innocent victims of recent violence.''
  The United States is faced with a harsh reality that peace in the 
Middle East has been so elusive. Yet we cannot, we must not, stop 
trying to broker peace. The U.S. cannot turn its back on the families 
in the Middle East and must not conclude that constant war is 
inevitable. The U.S. must step up to the challenge of engaging the 
Israelis, Palestinians, and Lebanese and all the Middle East nations 
who want a lasting peace. I am not willing to give up hope that peace 
in the region can be achieved and nor should this administration.
  It is imperative to remember that this region is very complex, and 
that there are forces working for peace and forces that crave war. 
Benjamin Franklin once said, ``There was never a good war or a bad 
peace.'' It is time for this administration to remember these important 
words. The Middle East conflict has largely been pushed to the back 
burner by this administration with serious repercussions for U.S. 
national security interests. The U.S. must stop performing band-aid 
diplomacy and focus on long-term solutions to move toward peace. 
History should have taught us that violence only begets more violence 
and all actors involved need to recognize the mutual benefits of peace.
  We are faced with a vital question--where can we go from here? First 
and foremost, Hezbollah and Hamas must disarm and recognize Israel's 
right to exist. Armed political parties that use brute force do not 
foster peaceful solutions. Israel has survived five major wars since 
its inception. This country lives in constant defense mode because 
terrorist organizations surrounding it still harbor hope of its 
destruction. The U.S. must continue its steadfast support of Israel, 
and all countries in the region must abide by U.N. resolutions that 
promote a two-state solution.
  The loss of civilian lives in the Middle East is tragic and continued 
violence makes the challenge of achieving peace more difficult. The 
U.S. must renew a serious diplomatic effort in the region.
  Ms. KILPATRICK of Michigan. Madam Speaker, I rise today with very 
strong and mixed feelings on H. Res, 921, This resolution condemns the 
recent attacks against the State of Israel. The State of Israel has two 
intractable enemies, Hamas and Hezbollah. Presently, Israel is engaged 
in military operations in Gaza and Lebanon. I cannot over-emphasize 
that I am vehemently and unalterably opposed to the attacks undertaken 
by Hezbollah against Israel. At the same time, I cannot and will not 
support other language in the resolution which I consider to be harmful 
to the interests of peace, diplomacy, security, and the protection of 
civilians in Lebanon and Israel.
  Let me say at the outset, I support the right of Israel to exist and 
to defend itself from attack. I cannot support the level of retaliation 
it is using against the civilian population that did not provoke the 
attack. Hezbollah is the guilty party, and their attacks were 
egregious, without merit, and provocative. Israel must direct its 
campaign against confirmed Hezbollah strongholds. Given the 
sophistication of current surveillance technology and intelligence-
gathering, I am convinced those strongholds can be effectively 
eradicated, without the current and ongoing loss of life and casualties 
to innocent civilians.
  This resolution on first glance would appear to be easy to support, 
but on further review, it poses serious philosophical problems for me. 
Hezbollah provoked the attacks by capturing and killing Israeli 
soldiers. Indeed, in some instances, Hezbollah is using Lebanese 
civilians as shields.
  The resolution declares that the House affirms its support for 
Israel. I believe that offering unconditional support to Israel's 
response sends the signal that the House supports the continuing and 
increasing carnage that is taking place in Lebanon. I fully recognize 
that lives have been lost in Israel too. All of these deaths are tragic 
and deplorable. This resolution does not even offer counsel to Israel 
to aggressively pursue the course of minimizing civilian loss of life. 
Furthermore, the resolution recognizes Israel's commitment to 
minimizing civilian loss of life. To date, Israeli military operations 
have resulted in excess of 300 civilians killed, with an estimated one-
third of them

[[Page 15148]]

being children. I do not see Israel's actions being consistent with a 
commitment to minimizing the loss of life.
  The resolution also cites Israel's right to take appropriate action 
to defend itself, including conducting operations in both Israel and in 
the territory of nations which pose a threat to it. At the present 
time, Israeli military bombing operations are completely dismantling 
the infrastructure of Lebanon. Bridges, roads and buildings are being 
destroyed. Once the campaign wanes, the country will consist of rubble.
  I am also concerned by the language that commends the President for 
fully supporting Israel. The language and the message state explicitly 
that the House supports the way he has handled the current crisis. I 
strongly disagree with this premise and statement.
  I want to state that I am mindful that although the focus of our 
current attention is on the plight of the citizens affected in Israel 
and Lebanon, we must not forget the other component of the equation--
the situation in Gaza involving the Palestinians.
  In Gaza, a cordon has been set up by the Israelis, and Palestinians 
are suffering under unbearable conditions. My concern rests with the 
humanitarian plight of civilians in Gaza and Lebanon that are pawns in 
a struggle by terrorist organizations. Both organizations, Hamas--
Sunni--and Hezbollah--Shia--provide vital social services such as 
education and medical care to civilian populations, while 
simultaneously engaging in terrorist activities. In fact, their efforts 
and ideologies have created desperate political and military scenarios. 
In the case of Hezbollah, their efforts are contributing to instability 
in the region.
  I fully recognize the gravity of the situation that is presented by 
the unconscionable and provocative behavior of Hezbollah. I also have 
grave reservations about the level of the response by Israel to 
Hezbollah's actions. The competing complexities and mixed messages 
presented by the language in the resolution preclude me from offering 
my support to H.Res. 921. Therefore, I will cast a vote of ``nay'' on 
this resolution.
  Mrs. DRAKE. Madam Speaker, I am proud to come to the floor today to 
voice my support for this resolution.
  Since the year 2000, Israel has demonstrated a willingness to act 
unilaterally in the name of peace; only to have their enemies respond 
with more acts of violence.
  In 2000, Israel withdrew their forces from southern Lebanon, only to 
be followed by Hezbollah and their missiles.
  In 2005, Israel unilaterally withdrew from Gaza, only to be replaced 
by the militant wing of the Hamas party.
  As a sovereign and independent nation, Israel has every right to 
defend itself from these constant attacks led by groups with the 
expressed purpose of destroying Israel.
  There is agreement in this House and in the world community that 
there be peace in the Middle East, so that all families, whether they 
be Israeli, Palestinian, or Lebanese, can live without fear.
  But there will be no peace so long as these terrorist organizations 
insist on the destruction of Israel.
  There will be no peace, until Hamas agrees to curtail acts of 
violence and aggression and show that they are willing to work towards 
a two-state solution.
  Our own soldiers are currently engaged against an enemy that has no 
respect for human life and a complete disdain for democracy.
  In this Global War on Terror, we have no greater ally than the nation 
of Israel, whose citizens are all too familiar with terrorists and 
their tactics.
  I am proud to support this resolution because I believe it is 
important that we let the Israeli people know that we stand behind 
their right to defend their homeland and their citizens. I encourage my 
colleagues to support this resolution, so that we may speak with one 
voice so that there may be peace for all people in the Middle East.
  Ms. WOOLSEY. Madam Speaker, today the House is considering H. Res. 
921, a resolution condemning the recent attacks against the State of 
Israel.
  The resolution focuses on the attacks by Hamas and Hezbollah on 
Israel and expresses its condolences to all families of innocent 
victims of the recent violence. While the resolution is not perfect, it 
does call on the international community to cooperate to bring an end 
to the violence in the region.
  The two sides cannot resolve this by themselves, and it is clear that 
only a diplomatic track will help to address the wide-spread unrest in 
the Middle East. Believing that, I would prefer the resolution do more 
to solidify the U.S. as an honest broker in the conflict.
  It is unfortunate that while the violence has continued for more than 
a week now, Secretary of State Rice still has failed to travel to the 
region. Even further, she has declined to send a Special Envoy to focus 
exclusively on the crisis. This is yet one more example of the Bush 
Administration's failure on the foreign policy front.
  The Administration must become engaged with the international 
community in pursuing a peaceful and just resolution to this on-going 
crisis instead of standing by while innocent civilians are killed. 
President Bush's stubborn involvement in Iraq has made it difficult for 
the U.S. to focus on this and other conflicts in the region. Instead of 
bringing parties to the negotiating table, President Bush and Secretary 
Rice have ignored the region while it has literally gone up in flames.
  History has shown that the U.S. is most successful when it supports 
evenhanded, diplomacy-based foreign policy. This can be achieved by 
supporting and implementing the legislation I introduced earlier this 
year, SMART (H. Con. Res. 158). SMART steps include:
  1. Preventing future acts of terrorism by strengthening international 
institutions and respect for the rule of law;
  2. Reducing the threat and stop the spread of weapons of mass 
destruction;
  3. Addressing the root causes of terrorism;
  4. Shifting U.S. budget priorities to more effectively meet our 
national security needs; and
  5. Pursuing to the fullest extent alternatives to war.
  Until the Bush Administration adopts principles like these in the 
Middle East, and throughout the world, the cycle of unrest will 
continue.
  Unlike previous Congressional acts, SMART strives to achieve a 
balance of support for all parties and puts the U.S. in the role of a 
partner for peace in Middle East.
  With my constituents and colleagues, I call on the President to 
dedicate himself fully to the peace process and to guarantee the safety 
and well-being of all innocent civilians involved in the chaos in the 
Middle East.
  Mr. RAMSTAD. Madam Speaker, I rise today as a strong and consistent 
supporter of Israel to urge my colleagues to pass H. Res. 921.
  This important resolution condemns the recent attacks on Israel by 
the Hamas and Hezbollah terrorist groups and expresses continued U.S. 
support for the right of Israel to defend itself.
  The State of Israel was created in 1948, and the United States was 
the first country to formally recognize its right to exist. Since that 
time, Israel has been one of our strongest allies in the world and a 
glimmer of hope in the Middle East as the only developed democracy in a 
region that has known too much war, too much terror and too much 
violence.
  Israel consistently stands shoulder to shoulder with the U.S. in 
countering the most dangerous threats we face today, including the use 
of terror by groups attempting to destabilize moderate regimes and 
disrupt various peacemaking efforts.
  In August 2005, Israel began its withdrawal from the Gaza Strip and 
gave the Palestinian Authority (PA) the opportunity to prove themselves 
capable of exercising just and rightful authority over their own 
people. Since that time, the PA has proven to be ineffective at 
immobilizing terrorist activities, as shown by Hamas' frequent rocket 
attacks on Israeli cities and the cross-border ambush that took place 
only a few weeks ago, which resulted in the deaths of two Israeli 
soldiers and the kidnapping of another.
  In addition, Iran's public declarations calling for both the 
destruction of the state of Israel and greater development of nuclear 
arms have produced a dangerous and volatile situation both regionally 
and globally. As Iran continues to provide weapons and supplies to 
terrorist groups like Hezbollah, we must allow Israel to continue to 
take necessary action to protect itself.
  This is a critical time for Israel. We must allow Israel to continue 
its self defense efforts and attempts to prevent terrorist 
organizations from destroying the Middle East. As Prime Minister Olmert 
stated in his address to Congress, ``[We must] replace the `Culture of 
Hate' with an `Outlook of Hope.''' Hezbollah and Hamas are 
organizations that have proven to be committed to this ``Culture of 
Hate.'' Consequently, their removal from the Middle East is essential 
to instill hope into a region that has seen far too much destruction of 
innocent life.
  Once again, I urge my colleagues to support this important 
resolution.
  Ms. WOOLSEY. Madam Speaker, today the House is considering H. Res. 
921, a resolution condemning the recent attacks against the State of 
Israel.
  The resolution focuses on the attacks by Hamas and Hezbollah on 
Israel and expresses its condolences to all families of innocent 
victims of the recent violence. While the

[[Page 15149]]

resolution is not perfect, it does call on the international community 
to cooperate to bring an end to the violence in the region.
  The two sides cannot resolve this by themselves, and it is clear that 
only a diplomatic track will help to address the widespread unrest in 
the Middle East. Believing that, I would prefer the resolution would do 
more to solidify the U.S. as an honest broker in the conflict.
  It is unfortunate that while the violence has continued for more than 
a week now, Secretary of State Rice still has failed to travel to the 
region. Even further, she has declined to send a special envoy to focus 
exclusively on the crisis. This is yet one more example of the Bush 
administration's failure on the foreign policy front.
  The administration must become engaged with the international 
community in pursuing a peaceful and just resolution to this on-going 
crisis instead of standing by while innocent civilians are killed. 
President Bush's stubborn involvement in Iraq has made it difficult for 
the U.S. to focus on this and other conflicts in the region. Instead of 
bringing parties to the negotiating table, President Bush and Secretary 
Rice have ignored the region while it has literally gone up in flames.
  History has shown that the U.S. is most successful when it supports 
even-handed, diplomacy-based foreign policy. This can be achieved by 
supporting and implementing the legislation I introduced earlier this 
year, SMART--H. Con. Res. 158. SMART steps include:
  1. preventing future acts of terrorism by strengthening international 
institutions and respect for the rule of law; 2. reducing the threat 
and stop the spread of weapons of mass destruction; 3. addressing the 
root causes of terrorism; 4. shifting U.S. budget priorities to more 
effectively meet our national security needs; and 5. pursuing to the 
fullest extent alternatives to war.
  Until the Bush administration adopts principles like these in the 
Middle East, and throughout the world, the cycle of unrest will 
continue.
  Unlike previous congressional acts, SMART strives to achieve a 
balance of support for all parties and puts the U.S. in the role of a 
partner for peace in Middle East.
  With my constituents and colleagues, I call on the President to 
dedicate himself fully to the peace process and to guarantee the safety 
and well-being of all innocent civilians involved in the chaos in the 
Middle East.
  Mr. PAUL. Madam Speaker, I rise in opposition to this resolution, 
which I sincerely believe will do more harm than good.
  I do agree with the resolution's condemnation of violence. But I am 
convinced that when we get involved in foreign conflicts and send 
strong messages, such as this resolution will, it ends up expanding the 
war rather than diminishing the conflict, and that ultimately comes 
back to haunt us.
  Madam Speaker, I follow a policy in foreign affairs called non-
interventionism. I do not believe we are making the United States more 
secure when we involve ourselves in conflicts overseas. The 
Constitution really does not authorize us to be the policemen of the 
world, much less to favor one side over another in foreign conflicts. 
It is very clear, reading this resolution objectively, that all the 
terrorists are on one side, and all the victims and the innocents are 
on the other side. I find this unfair, particularly considering the 
significantly higher number of civilian casualties among Lebanese 
civilians. I would rather advocate neutrality rather than picking 
sides, which is what this resolution does.
  Some would say that there is no room to talk about neutrality, as if 
neutrality were a crime. I would suggest there should be room for an 
open mind to consider another type of policy that may save American 
lives.
  I was in Congress in the early 1980s when the U.S. Marines were sent 
into Lebanon, and I came to the Floor before they went, when they went, 
and before they were killed, arguing my case against getting involved 
in that conflict.
  Ronald Reagan, when he sent the troops in, said he would never turn 
tail and run. Then, after the Marines were killed, he had a 
reassessment of the policy. When he wrote his autobiography a few years 
later after leaving the Presidency, he wrote this:

       Perhaps we didn't appreciate fully enough the depth of the 
     hatred and the complexity of the problems that made the 
     Middle East such a jungle. Perhaps the idea of a suicide car 
     bomber committing mass murder to gain instant entry to 
     Paradise was so foreign to our own values and consciousness 
     that it did not create in us the concern for the marines' 
     safety that it should have.
       In the weeks immediately after the bombing, I believe the 
     last thing that we should do was turn tail and leave. Yet the 
     irrationality of Middle Eastern politics forced us to rethink 
     our policy there. If there would be some rethinking of policy 
     before our men die, we would be a lot better off. If that 
     policy had changed towards more of a neutral position and 
     neutrality, those 241 marines would be alive today.

  It is very easy to criticize the Government of Lebanon for not doing 
more about Hezbollah. I object to terrorism committed by Hezbollah 
because I am a strong opponent to all violence on all sides. But I also 
object to the unreasonable accusations that the Government of Lebanon 
has not done enough, when we realize that Israel occupied southern 
Lebanon for 18 years and was not able to neutralize Hezbollah.
  Madam Speaker, there is nothing wrong with considering the fact that 
we don't have to be involved in every single fight. That was the 
conclusion that Ronald Reagan came to, and he was not an enemy of 
Israel. He was a friend of Israel. But he concluded that that is a mess 
over there. Let me just repeat those words that he used. He said, he 
came to the conclusion, ``The irrationality of Middle Eastern politics 
forced us to rethink our policy there.'' I believe these words are 
probably more valid now even than when they were written.
  Mr. DINGELL. Madam Speaker, I rise today with great sadness over the 
events in Lebanon.
  I believe we must speak with one voice that Israel has a right to 
defend itself. I believe we are unanimous in our opinion that Hezbollah 
began this conflict; and I believe that we are unanimous that Iran and 
Syria continue to destructively meddle in the emerging democracy of 
Lebanon.
  This resolution comes at a time when Lebanon--a potential unwavering 
ally to the United States, a western looking democracy, has become an 
unfortunate proxy in a war between Israel and extremism.
  Right now, there are 5,000 of my constituents who are facing bombing 
raids and a harrowing escape from war. They were in Lebanon visiting 
friends, relatives, childhood homes, or just enjoying Lebanon's sites, 
and now they are in a war zone. As their representative, my first 
responsibility is to them.
  The events of the last week have been horrific. The violence on both 
sides of the Israeli-Lebanon border has escalated, and more and more 
people, mostly civilians, have seen their lives forever changed.
  Innocent Israelis and innocent Lebanese have been pulled into a 
conflict not of their own making. The ``Peace of the Brave'', that 
Prime Minister Yitzhak Rabin gave his life for, is today a lost hope.
  Diplomacy, which the last Administration was criticized for using too 
much, seems to be a dirty word today.
  This House, which after each Middle East conflagration brings a 
resolution of resolve and solidarity to the floor, could do much more 
to alleviate the suffering of the Lebanese.
  Last summer, we passed unanimously a resolution that said, the United 
States would support efforts to enhance Lebanon's sovereignty. The same 
resolution said, ``The United States should aid the people of Lebanon 
in their efforts to restore the separation of powers, the rule of law, 
and a proper respect for fundamental freedoms of every citizen.''
  We promised a commitment to the people of Lebanon that is not 
entirely reflected in this resolution. We said we would support them, 
and in my view the best way we can support them is to bring about a 
cessation of violence.
  Israel's right to defend itself is absolute, but I am concerned that 
the current action will make it impossible for Lebanon's small military 
to properly assert itself along the troubled border.
  We should support Prime Minister Tony Blair's plan to expand the 
international force along the southern border. We should also begin to 
rethink our own aid package to Lebanon's democratic government.
  The United States can truly change hearts and minds in the Middle 
East if we commit ourselves to helping to rebuild Lebanon's 
infrastructure, help professionalize and equip their national military, 
and provide the economic assistance they will need to keep their 
restive population employed and prosperous.
  That is where I believe this resolution should be focused, and I 
believe it is in that omission that this Congress' policy is woefully 
inadequate.
  The events of the past few days are heartbreaking. Not only because 
the unfolding violence involves our dear, and unwavering ally, Israel 
but also because it has sucked in Lebanon, a fragile nation that has 
had a bitter history and has only recently begun to reemerge from its 
dark past.
  Madam Speaker, most tragically it was only 6 years ago that we were 
on the cusp of something almost magical--peaceful coexistence in the 
Middle East. The engagement of the United States was vital to that.
  The brave dream laid out by Yitzhak Rabin was shattered by an 
assassin's bullet. The

[[Page 15150]]

brave concessions by Ehud Barak and the support of President Clinton 
almost realized that dream.
  But I believe we can get back to that moment. I believe it will take 
a fully engaged United States. I believe it will take a substantial 
investment on our part as a Congress to provide Lebanon and Israel with 
the assistance they need to overcome this crisis and reestablish 
security along their border.
  Unfortunately, this resolution does not address these issues, and is 
an inadequate statement of policy to the parties who are friends of 
peace.
  Madam Speaker, at this time I want to enter into the Record the names 
of twelve members of the Bzeih family who were killed as a result of 
the fighting--they have family in Michigan that held a memorial service 
for them on Sunday.
  Hajji Fatme Bzeih, 80 years old; Hajji Thanya, 74 years old; Souad 
Nassour, 38 years old; Mariam Naem, 52 years old; Mohamad Naem, 17 
years old; Malaak Naem, 17 years old; Hussein Naem, 11 years old; Naeem 
Naem, 24 years old; Ammal Bzeih, 42 years old; Khouloud Bzeih, 18 years 
old; Farah Bzeih, 12 years old; and Aziza Bzeih, 9 years old.
  Mr. MORAN of Virginia. Madam Speaker, I rise in support of H. Res. 
921, which expresses the United States House of Representatives' 
support for the government and people of Israel at this most difficult 
time, and also extends its condolences to the families of all the 
innocent victims of the ongoing violence. I further wish to express my 
condolences to the Americans who are stranded or trapped in Lebanon, 
the West Bank and Gaza amidst the crossfire between Israel, Hezbollah 
and Hamas. My thoughts are with them at this time.
  Though I support this resolution, I feel it falls short in failing to 
call for an immediate cessation to the ongoing hostilities, for an end 
to the loss of civilian life and the destruction of property that is 
occurring in Israel, Lebanon and the West Bank and Gaza. Violence, 
death and destruction are the unfortunate consequences of war. But, 
here, these consequences are especially unfortunate because they have 
been experienced almost entirely by innocent civilians from all sides 
of the conflict, rather than its actual combatants. Over 200 innocent 
Lebanese civilians have been killed, with at least a thousand more 
injured. This destruction of innocent lives must immediately come to an 
end.
  It is the responsibility of our government to protect Americans 
everywhere and lead them to safety during times of war. It's estimated 
that approximately 25,000 Americans are in Lebanon. Yet after 7 days of 
fighting, the government has only managed to evacuate a few hundred. It 
is now reported that 7,000 more Americans are scheduled to be evacuated 
by naval ship to Cyprus by week's end, but this is still not enough. I 
urge the administration to increase the pace at which it is evacuating 
Americans from Lebanon.
  The administration must play a different, far bolder and more 
balanced role in resolving the current Middle East hostilities. When it 
comes to the ongoing Israeli-Palestinian conflict, the administration 
has been disengaged for more than 5 years. Over the past 3 weeks, we 
have seen the disengagement.
  Starting now, the United States must be willing to again engage 
itself, directly and forcefully, in the Israeli-Palestinian peace 
process. We have played an important role in the prior progress that 
has been made toward peace and stability in the Middle East. We must 
resume this role. Secretary Condoleezza Rice must immediately lead the 
efforts for a multilateral diplomatic return to the peace process, and 
hang in there until real fundamental reconciliation is achieved.
  Finally, I am deeply concerned about the impact the current crisis 
will have on the long-term prospects for peace in the Middle East and 
upon future generations in Israel, the West Bank and Gaza, and Lebanon. 
A continuation of the violence and hatred will only serve to harden 
feelings and widen the gap now separating the people of this historic 
and cherished part of the world, and to make the securing of a real and 
permanent peace in the region more difficult and elusive than ever. 
Israel must learn to get along with its neighbors and vice versa.
  Sometimes conditions need to hit bottom in the short term before they 
can get better in the long term. My fervent hope is that a decade from 
now, we will look upon these times as the bottom of the descent, and 
the beginning of a wondrous ascent, led by people of good faith in the 
Middle East and throughout the world, that ended the hatred and enmity 
between Israel and its neighbors, and produced the lasting peace that 
the peoples of the region pray for.
  Mr. STARK. Madam Speaker, I reluctantly rise in opposition to this 
one-sided resolution that condemns recent attacks against the State of 
Israel while failing to deplore Israeli violence against the people of 
Lebanon. Like the authors and supporters of this resolution, I support 
Israel's right to exist and denounce the tragic kidnapping of Israeli 
soldiers. I also appreciate the desire to marginalize Hezbollah. But 
Israel's disproportionate military response, which is decimating 
Lebanon's infrastructure and economy, and preventing the transport of 
necessary medicines into the country, is counterproductive.
  As we are all painfully aware, the Middle East is a fragile place. 
Unfortunately, America's unconditional support for Israel is now 
tipping the balance in Israel's favor, facilitating a cycle of violence 
that undermines hopes for long-term peace. The latest back-and-forth 
threatens a larger, longer, and more deadly war, and underscores the 
failure of this administration to bring stability to the region.
  Lebanon has a democratically elected government that is by no means 
safely ensconced. I fear that in an attempt to weaken Hezbollah, Israel 
will instead undermine a Lebanese government that is more autonomous 
and sovereign than at any time in the past two decades. Killing 
Lebanese soldiers, for example, will not help the Lebanese government 
limit Hezbollah's influence. President Bush and I rarely agree, but 
even he this week cautioned Israel to be ``mindful'' of allowing 
Lebanon's government to ``succeed and survive'' after the conflict
  I do not agree with the President's refusal, however, to join the 
international community in calling for a prompt cease-fire. Nor do I 
appreciate this resolution's tacit approval for a lack of American 
diplomacy. Rather than back any and all actions Israel takes, the 
United States should act as an honest broker and pressure both Israel 
and Lebanon to show restraint. Diplomacy, not more violence, is the 
path to peace in the Middle East.
  Additionally, I strongly encourage the United States to acknowledge 
the plight of Americans living in Lebanon. Yesterday morning, the 
Washington Post ran a letter to the editor by a constituent of mine, 
noting the administration's Katrina-like response to evacuation 
requests. The constituent's family would like to depart Lebanon, but 
has been unable to secure transport out of the country.
  Finally, I am concerned that particular language in this resolution 
that all but encourages Israel to take action against Iran's nuclear 
facilities. Section Eight in particular sanctions ``Israel's right to 
take appropriate action including to conduct operations in the 
territory of nations which pose a threat to it'' As with the current 
violence, I would urge Israel--and the United States--to pursue a 
diplomatic solution in Iran.
  I cannot vote for a resolution that condemns one tragedy while 
supporting another. I urge my colleagues to embrace the difficult and 
challenging path to peace rather than the reflexively simple march to 
war.
  Mr. MURPHY. Madam Speaker, I strongly support House Resolution 921 
and America's ally, Israel.
  This is a critical time for the entire Middle East. The unprovoked, 
illegitimate acts of Hamas and Hezbollah in recent days have been 
despicable. As the President has said, Israel, like any other sovereign 
nation, ``should be allowed to defend herself.'' Israeli citizens 
should not have to live with hundreds of Hezbollah's Katyusha (ka-TOO-
sha) rockets reigning down upon them in their neighborhoods.
  Let there be no question that the attacks on the northern border and 
the kidnapping of the soldier along the western border are the result 
of more than 58 years of hatred against Israel by supporters of groups 
like Hezbollah and Hamas. These terrorist organizations simply do not 
want to live in peace alongside Israel. Hamas and Hezbollah both 
officially state they are totally dedicated to ending the nation of 
Israel and killing Israelis.
  Certainly, the loss of innocent life anywhere in the world is tragic. 
We all mourn for families in Lebanon and Israel who have been torn 
apart in the recent violence. But perhaps the real treachery of 
extremist terrorists lies in their efforts to assimilate into nations 
of the world and hide amongst law-abiding citizens. For one full week 
now, from civilian areas of Lebanon, Hezbollah terrorists have lobbed 
more than a thousand rockets at innocent people in Israel. In response, 
Israel retains every right to retaliate against these attacks, and 
Hezbollah's disregard for innocent life on both sides of the Lebanese-
Israeli border has led to needless deaths.
  While our brave servicemen and women fight for freedom and democracy 
in Iraq, we must never forget that the nation of Israel has for decades 
been the greatest Middle East ally to the U.S. and all democratic, free 
nations.

[[Page 15151]]

  The enemies of Israel can choose to live in peace alongside Israel. 
If they do not choose peace, Israelis have every right to defend their 
nation, with full confidence the United States will always stand with 
them.
  Mr. VAN HOLLEN. Madam Speaker, I rise in support of H. Res. 921 
condemning recent attacks against Israel. The attacks and kidnapping of 
Israeli soldiers by Hezbollah have precipitated a crisis in the region. 
Like any sovereign power, Israel has the right and responsibility to 
defend herself against unprovoked attacks.
  United Nations Security Council Resolution 1559 calls for the 
dismantling of all independent militias in Lebanon. That resolution has 
never been enforced. Consequently, the Hezbollah militia has been able 
to operate freely in Lebanon, especially in the southern area bordering 
Israel, and has amassed a large arsenal of weapons, including an 
estimated 13,000 rockets. During the past year, Hezbollah has launched 
at least four separate rocket attacks into Israel. The latest round of 
rockets have fallen indiscriminately on civilians in Haifa and other 
population centers.
  Hezbollah's terrorist operations not only pose a threat to Israel, 
but they also threaten the security of Lebanon. The majority of people 
in Lebanon strongly resent Hezbollah for dragging Lebanon into a 
conflict with Israel. They understand that Israel did not initiate 
these hostilities and has a right to defend herself. Israel also has a 
right to destroy the military and terrorist apparatus employed by 
Hezbollah in its attacks on Israel. Israel must make it absolutely 
clear that its efforts are focused on that objective. Every effort must 
be made to prevent civilian casualties. Actions perceived by the people 
of Lebanon to unnecessarily target civilian infrastructure will have 
the unintentional consequence of transforming Lebanese anger at 
Hezbollah into anger at Israel. The United States and Israel must not 
unwittingly hand Hezbollah a propaganda victory and strengthen the 
hands of the extremists in the region.
  Unfortunately, recent American actions in the Middle East and 
Southwest Asia, especially the war in Iraq, have had the unintentional 
but very foreseeable consequence of inflaming anti-Western sentiment 
and strengthening the position of the most radical Islamic forces. 
Among the biggest beneficiaries of the situation in Iraq has been 
neighboring Iran. Iran has exploited the chaos and instability in Iraq 
to advance its own radical agenda and expand its influence in the 
region. It has also further strengthened its leverage and reach in the 
region through its continued support of Hezbollah. The United States 
must do more to rally the international community to pressure Syria and 
Iran to end their support for Hezbollah and Hamas. However, our 
leverage has been considerably weakened by the situation in Iraq and 
the perception that the United States is bogged down there.
  In a speech delivered at the American Enterprise Institute in 
February 2003, a few weeks before invading Iraq, President Bush 
declared that going to war in Iraq would promote democracy and 
stability in the Middle East, reduce the influence of the hardliners 
and help resolve the Israeli-Palestinian conflict. Specifically, the 
President said, ``Success in Iraq could also begin a new stage for 
Middle Eastern peace and set in motion progress toward a truly 
democratic Palestinian state. The passing of Saddam Hussein's regime 
will deprive terrorist networks of a wealthy nation that pays for 
terrorist training and offers rewards to families of suicide bombers 
and other regimes will be given a clear warning that support for 
terrorists would not be tolerated.''
  Unfortunately, but predictably, we have seen the opposite result in 
the aftermath of the invasion of Iraq. The prospects of achieving an 
Israeli-Palestinian peace settlement are far more remote today than 
they were when we invaded Iraq. While we engaged militarily in Iraq, 
this Administration disengaged from any serious effort at re- 
establishing an Israeli-Palestinian peace process. This Administration 
must confront the fact that its failed policies in Iraq and the region 
are further destabilizing and inflaming an already volatile region. We 
must lead not just by the might of our military, but by the power of 
our example. It is time to begin rebuilding our credibility around the 
world.
  Mr. CARDOZA. Madam Speaker, I rise to express strong support for 
Israel's right to defend itself against unprovoked acts of terrorism.
  On June 25, members of Hamas attacked an Israeli army post, killing 
two Israeli soldiers and kidnapping another, Corporal Galid Shalit. 
Israel responded with appropriate force, seeking the return of its 
soldier and an end to rocket attacks coming from the Gaza Strip. Then, 
on July 12, Hezbollah terrorists attacked an Israeli military unit 
patrolling the Israeli border south of Lebanon, taking two Israeli 
soldiers hostage. They also began firing dozens of Katyusha rockets at 
northern Israel, including Haifa.
  The acts of terrorism perpetrated by Hamas and Hezbollah created the 
situation that the world confronts today. Israel could not tolerate 
such assaults on its soil, against its citizens--no nation would. 
Israel responded to these acts of war by defending themselves. They 
entered Gaza and Lebanon to try to rescue their kidnapped soldiers and 
prevent terrorists from committing further attacks on their homeland.
  Both of these attacks were calculated acts of war--attacks on Israeli 
soldiers guarding undisputed Israeli territory. The attacks by 
Hezbollah are blatant breaches of Security Council resolutions 1559, 
1655 and 1680, which certified Israel's full withdrawal from Lebanese 
territory and called for the disarmament of all militias in Lebanon and 
an end to attacks across the Israel-Lebanon border. Unfortunately, the 
government in Beirut has not done its part to enhance the security of 
both nations. In fact, the attacks against Israel are the result of 
Iran, Syria, and certain factions of the Lebanese Government's inaction 
towards these terrorist organizations in their country.
  Let's look at the facts. Despite the Security Council resolutions, 
Hezbollah remains an armed militia group that controls 23 seats in the 
Lebanese parliament and 2 ministers in the national government. 
According to the State Department, Hezbollah receives between 30 and 40 
million a month in cash, aid and arms support from Iran. Additionally, 
the State Department reports that Syria is an active partner with Iran 
in supporting and funding Hezbollah.
  At the same time, the leadership of Hamas recently called Hezbollah's 
actions ``a heroic operation.'' It is clear that, despite optimism that 
Hamas would transform into a secular, stable government, it is sticking 
to its roots as a terrorist organization, supporting and encouraging 
attacks against innocent civilians.
  Given these facts, I believe it is time for the world community to 
take action against Hamas and Hezbollah and the nations that support 
both regimes. The United States should demand that the Government of 
Lebanon immediately release the abducted Israeli soldiers. The same 
holds true for the soldier held by Hamas in Gaza. At the same time, we 
must insist that Iran and Syria immediately cease interfering in the 
internal affairs of Lebanon and the Palestinian Territories by ending 
all support for Hezbollah and Hamas.
  The United States must also continue to provide Israel with 
consistent and broad-based support, since an even greater destabilizing 
force is developing in the region--a nuclear-armed Iran with terrorist 
allies in Hezbollah and Hamas.
  I also believe the United States must also play an active role in 
forging a solution to this conflict and its underlying cause. Let us 
not forget that it is not only the lives of Israelis, Lebanese, and 
Palestinians threatened by the fighting. Press reports indicate that 
approximately 25,000 Americans are in Lebanon, many of whom are trying 
to leave that war-torn area.
  The best deterrent to future acts of terrorism is the presence a 
unified world community. In the days ahead, I hope the Bush 
administration works to build a broad global alliance to deal with the 
current crisis in the Middle East, which will act as a powerful 
deterrent against similar acts of terrorism in the future. We cannot 
afford to let Israel go it alone in this conflict--we need the 
engagement of the Bush administration and the world community to punish 
the regimes that support terror, while also supporting the moderate 
voices in the Muslim world.
  At this time of struggle and great peril, we need to stand firmly 
with the people of Israel and their government. Our country will stand 
with the government and people of Israel as they defend themselves. As 
an independent sovereign nation, Israel has every right to respond to 
acts of aggression against its homeland and the soldiers who defend it.
  Mr. NUSSLE. Madam Speaker, I rise to express my support for today's 
resolution (H. Res. 921) condemning attacks against Israel.
  Israel is a friend of the United States and a strong ally in the War 
on Terror. They have every right to defend themselves against brutal 
terrorists who attack innocent civilians and bomb their cities. 
Terrorist groups like Hamas and Hezbollah rely on violence, fear, and 
terror to spread religious fanaticism and advance their political 
agenda.
  We will continue to defend the cause of freedom and stand up to evil 
terrorist regimes wherever they exist. Peace in the Middle East will 
not be possible until there is a permanent end to the violence by these 
terrorist groups and the countries that sponsor them.

[[Page 15152]]

  Madam Speaker, I strongly support today's resolution. By taking 
action, the House of Representatives is sending an important message: 
That we support our friends in Israel and we condemn the state sponsors 
of recent terrorist acts.
  Mrs. DAVIS of California. Madam Speaker, I share your concern about 
the grave nature of the ongoing violence in the Middle East.
  It's good we are here talking about these very serious issues. I am 
pleased to see honest debate about the nature of this conflict and the 
need to stand with Israel. But what else should this Congress be doing?
  It is vital that we engage one another in these critical days. With 
American military assets already deployed to the region for the 
evacuation effort, and the risk of escalation high, we must work 
together to get this right.
  Passing this resolution, however, is only the first step.
  After expressing our will, Congress must insist that the White House 
take our resolution and use it to encourage the international community 
to condemn Hamas and Hezbollah and expose them for what they really 
are--terrorist groups openly operating within the borders of 
democratically elected regimes.
  The recent events in the Middle East have troubled us all. The 
campaign by Hamas and Hezbollah to kidnap Israeli soldiers and launch 
rocket attacks in Israel has the potential to destabilize the entire 
region and invite an expanded conflict.
  Israel's ongoing incursions into Lebanon should rightly be viewed as 
retaliations against Hezbollah--and not against the people of Lebanon.
  Like many of my colleagues, I have traveled to Lebanon and seen first 
hand the potential that country has. Like Israelis, the Lebanese want 
nothing more than to live in peace and prosperity.
  But as fast as a rocket flying across the Israel border, the dreams 
of the Lebanese have been put on hold. Once again, their population is 
held hostage by foreign interests. And once again, the threat to 
Israeli sovereignty has forced an armed response.
  I agree with Secretary Rice that Israel has a right and obligation to 
defend its people. That is exactly what Article 51 of the U.N. Charter 
guarantees to all sovereign nations.
  As justified as their response may be, Israel must continue to be 
mindful of the effects, both physical and psychological, that their 
actions have on civilians in the region.
  There is substantial evidence that Israel has taken several measures 
to minimize harm to the civilian population in Lebanon.
  This includes the dropping of warning pamphlets in advance of Israeli 
missions in civilian areas.
  It also includes the use of advanced weaponry that targets a military 
objective without harming civilians or civilian infrastructure.
  But we must be honest. When engaged in armed conflict it is difficult 
to ensure the safety of civilians.
  In fact, Hezbollah and Hamas purposefully operate in populated areas, 
often putting civilians between heavily armed terrorists and the 
Israeli military.
  The effects of this type of warfare is also painful to Israel.
  As Golda Meir so poignantly stated,'' When peace comes we will 
perhaps in time be able to forgive Arabs for killing our sons, but it 
will be harder for us to forgive them for having forced us to kill 
their sons.''
  As dire as events on the ground appear, there is room for U.S. 
leadership. The question now is what form that leadership should take.
  The administration must swiftly do what it can to create conditions 
in the region that will open the doors to diplomacy.
  This Congress expects the President to work toward achieving this 
goal. Once more favorable conditions are created, it should be the 
administration's priority to dispatch our senior diplomatic leaders, 
led by Secretary of State Condoleezza Rice to the region as soon as 
possible.
  I urge my colleagues to vote for this resolution.
  Mr. TOM DAVIS of Virginia. Madam Speaker, I rise today in strong 
support of H. Res. 921, which, among other things, condemns the recent 
attacks against the State of Israel, expresses the House of 
Representatives' condolences to all families of innocent victims of 
recent violence, and holds terrorists and their state-sponsors 
accountable for such attacks.
  On June 25, 2006, the terrorist group Hezbollah disrupted peaceful 
relations between Israel and Lebanon by crossing Israel's 
internationally recognized borders and abducting two Israeli soldiers. 
Let me say upfront that I know from meeting with Lebanese Prime 
Minister Fuad Siniora that the Lebanese government is not able to 
control Hezbollah. However, this incursion provoked Israel to take 
action to retrieve its two nationals, a response U.S. citizens would 
fully expect of their own government were it in the same situation. 
Unfortunately, escalating violence has led to the death of innocent 
civilians in both Israel and Lebanon.
  While pundits have voiced concerns over how ``measured'' Israel's 
response was in this case, we must remember that this situation just 
scratches the surface of a deeply rooted conflict between Israel and a 
number of terrorist groups such as Hezbollah, Hamas, etc. Since Israel 
withdrew from Southern Lebanon back in 2000, Hezbollah has terrorized 
and ravaged Israel's northern border.
  Many have also called for a cease-fire. Rest assured, I welcome the 
cessation of all hostility, but am concerned about whether a 
conventional ``cease-fire'' is appropriate when dealing with a 
terrorist group that openly fires upon civilian populations. I believe 
that Israel, on the other hand, exercised due diligence in specifically 
targeting Hezbollah. However, even though many civilians have died in 
Lebanon, we must remember this task is extremely difficult to execute 
because Hezbollah hides among Lebanon's civilian population. Hezbollah 
is cleverly aware that this makes it extremely difficult for Israel to 
target it. Moreover, at the bitter cost of innocent Lebanese lives, it 
rejoices at the public torment that Israel receives.
  There is no easy solution to this situation. However, our primary 
concern at this point ought to be to evacuate all U.S. citizens who 
wish to leave Lebanon as quickly and safely as possible. I have been 
personally working with a number of my constituents who have family in 
Lebanon to ensure their safe return back home. I ask the American 
people to stand in solidarity with all the families who have lost loved 
ones in this conflict.
  Madam Speaker, in closing it is truly sad that in this day and age a 
terrorist group like Hezbollah does not hesitate to point their weapons 
at innocent civilians. We must continue to support the return of 
Israel's kidnapped soldiers and push for a cessation of all hostility 
in any way that we can. I urge for an aye vote on H. Res. 921.
  Ms. SCHWARTZ of Pennsylvania. Madam Speaker, I rise in support of 
this resolution and I rise in support of our friend and ally, Israel, 
during this critical period.
  September 11th was a defining moment for our country in many ways. In 
particular, it forced Americans to confront a new reality--that 
terrorists could cause massive destruction on our soil and that we are 
all at risk. Faced with this new reality, we resolved to fight--to go 
to Afghanistan with the aim of destroying al-Qaeda and removing the 
government that sheltered it.
  Israelis have been living with this reality for decades. Well-armed, 
well-financed and sophisticated terrorist organizations--backed by 
Syria and Iran--surround her. Hamas, Islamic Jihad, and Hezbollah have 
carried out thousands of attacks on Israeli soil. They have strapped 
bombs to teenagers and sent them on suicide missions targeting buses 
filled with innocent women and children. They have launched rockets at 
Israeli homes and stores. And, they have murdered and kidnapped Israeli 
soldiers. They will stop at nothing to accomplish their one common 
goal: the destruction of Israel.
  Just as America does, Israel has a right to defend herself. Israel 
has a right to better secure its borders, its security and its future. 
A secure Israel can not exist with Hezbollah controlling the territory 
directly north of the country. A secure Israel can not exist with 
thousands of katyusha rockets aimed at Haifa, Tiberius and other 
population centers in the North. A secure Israel can not exist with 
Hamas in control of the Palestinian territories.
  Israel is at war with these terrorist entities and we must stand by 
her. We have a moral obligation to do so--to stand on the side of 
democracy and freedom versus terror and radicalism. We must also do so 
because left unchecked, these terrorist organizations will continue to 
destabilize the region and use it as a base to foster global 
instability and undermine our national security.
  As the daughter of a Holocaust survivor, I will never forget what can 
result when the world fails to confront evil and terror. Passage of 
this resolution with strong bipartisan support will send an unequivocal 
message to the world--Hezbollah and Hamas are responsible for this 
violence, Israel has a right to defend itself, and the United States 
will stand with Israel as it confronts the evil and terror of Hezbollah 
and Hamas. I am confident that Israel will prevail in this fight. And, 
it is my hope that their strong actions against terror will ultimately 
lead to the peace and security that so many in the region desperately 
seek.
  Mrs. MALONEY. Madam Speaker, I rise in support of H. Res. 921.

[[Page 15153]]

  No sovereign nation can tolerate having its borders invaded, its 
people shelled and its soldiers kidnapped. America wouldn't, the 
members of the EU wouldn't, and Israel shouldn't.
  Under the circumstances, Israel's response has been measured. Israel 
clearly has the right to defend its cities and its people from rocket 
fire, its borders from terrorist tunnels and its military bases from 
kidnappers.
  Hamas and Hezbollah are terrorist organizations. They have no purpose 
and no aim other than to destroy Israel. For months they have been 
waging a war against Israel--and Israel has shown restraint. They have 
lobbed rockets at Israeli targets--and Israel has shown restraint. They 
have bombed Israel's cities--and Israel has shown restraint. They have 
sent their suicide bombers--and Israel has shown restraint. There comes 
a point when Israel can no longer be restrained. It has a right and an 
obligation to protect its people from attack.
  Ironically, these attacks originate in the areas from which Israel 
withdrew its troops and settlers. Israel left Lebanon in 2000 and 
disengaged from Gaza last year. Instead of rewarding and encouraging 
such movement, Hamas and Hezbollah set about arming themselves with 
increasingly dangerous and potent weapons. We are now seeing the extent 
to which these terrorist organizations have been fortifying themselves, 
and it is terrifying. Their weapons are reaching areas of Israel that 
have never been subjected to rocket fire before. Hundreds of thousands 
of Israelis are living in bomb shelters or have been evacuated from 
their homes.
  I am pleased to note that the United States and many members of the 
international community, including the G-8 have supported Israel's 
right to defend itself. ``We demand first that the Israeli soldiers be 
returned to Israel healthy, that the attacks on Israel cease, and then 
naturally for Israel to halt military action,'' German Chancellor 
Angela Merkel told reporters at the G-8 summit.
  Many Arab leaders and opinion molders have also condemned Hezbollah 
and/or Hamas for their actions. Although he issued the usual 
condemnations of Israel, Saud al-Faisal, the Saudi foreign minister, 
also chided Hezbollah's ``unexpected, inappropriate and irresponsible 
acts.'' I understand that delegates from Bahrain, Egypt, Jordan, Kuwait 
and the UAE backed Mr. al-Faisal. In the same vein, the official Saudi 
Press Agency opined, ``A distinction must be made between legitimate 
resistance and uncalculated adventures undertaken by elements [without] 
. . . consulting and coordinating with Arab nations.'' Ahmed al-
Jarallah, editor of Kuwait's Arab Times, condemned both Hezbollah and 
Hamas in an editorial on July 15, 2006, writing, ``Unfortunately we 
must admit that in such a war the only way to get rid of `these 
irregular phenomena' is what Israel is doing. The operations of Israel 
in Gaza and Lebanon are in the interest of people of Arab countries and 
the international community.''
  I am pleased that Secretary of State Condoleezza Rice is planning a 
trip to the region shortly, and hope that she will remain fully 
engaged. In the meantime, Israel should not be asked to stop its 
actions as long as Hezbollah and Hamas continue to send missiles toward 
Israel and to hold Israeli soldiers hostage.
  Mr. HASTINGS of Florida. Madam Speaker, I rise today in strong 
support of H. Res. 921, condemning the provocations by terrorist 
organizations on Israel's northern and southern borders.
  The actions of the terrorist organizations, Hezbollah, in Lebanon, 
and Hamas, in Gaza, against Israel are unconscionable. Instead of 
working towards peace, these terrorist organizations have chosen to 
perpetuate the violence. Unprovoked attacks on Israel's borders, 
murdering Israeli soldiers, taking Israeli hostages and showering 
rockets targeting and killing Israeli civilians are not furthering any 
legitimate goal.
  I am pleased to see that many of the world's leaders have publicly 
recognized that the crisis in the Middle East was deliberately incited 
by terrorist organizations. I applaud the leaders of the world's top 
industrial nations' collaborative statement on July 16 condemning the 
terrorists: ``These extremist elements and those that support them 
cannot be allowed to plunge the Middle East into chaos and provoke a 
wider conflict. The extremists must immediately halt their attacks.''
  I also congratulate the Arab nations, Saudi Arabia, Egypt and Jordan 
for their willingness to openly criticize Hezbollah's attacks on 
Israel's northern border. I am in full support of their efforts to 
speak out against Hezbollah's recent assaults against Israel.
  Israel's actions over the past week must be viewed in a broader 
context. It should be recognized that in response to Israel's 
unilateral withdrawal from Southern Lebanon in 2000 and from Gaza in 
2005, as well as its committed plan to pull out completely from the 
West Bank, Israel has met only violence. Since 2000, Hezbollah has 
fired hundreds of rockets at civilian areas and kidnapped and murdered 
Israeli soldiers. Since September 2005, terrorist groups in Gaza have 
launched over 1,000 rocket attacks at Israeli cities. Previously, 
Israel exhibited restraint and refused to respond to these aggressions 
with any significant counterattack. Now, in light of the current 
unprovoked kidnappings by Hamas and Hezbollah, Israel is warranted to 
act appropriately to free the captured soldiers and to defend her 
citizens.
  Now is the time for the Lebanese Government to abide by the U.N.'s 
rules. In refusing to disarm Hezbollah as required by U.N. Resolution 
1559, the Lebanese Government is choosing to openly ignore the decree 
of the international community. Lebanese Prime Minister Fouad Siniora 
should accept responsibility and take immediate action against the 
terrorist group which Lebanon harbors. I support the resolutions that 
call on the United Nations to help the Prime Minister and his 
government to achieve these goals.
  Now is also the time for the Hamas government to accept 
accountability for the actions of its terrorist organization. As the 
elected government of the Palestinian people, they have a duty to tell 
the terrorists to release the soldier they captured, halt the 
relentless rocket fire aimed at Israeli civilians and end their 
encouragement of terrorist acts against Israel.
  But neither the Palestinian nor the Lebanese Government are wholly 
responsible for these recent provocations against Israel. There is a 
much greater strategic dimension to the Hamas-Hezbollah offensive. The 
terrorist organizations, Hezbollah and Hamas, are unquestionably 
sponsored and guided by the Iranian and Syrian Governments.
  Iranian and Syrian support of these attacks will not be rewarded. The 
current bloodshed of innocent Israeli and Lebanese civilians will not 
strengthen their governments' positions. As sponsors of terror they 
will be condemned and held accountable for their actions.
  Israel must have the right to defend her civilians from ongoing 
missile attacks, whether they arise from Lebanon or the Gaza Strip. 
Like the United States and other sovereign nations, Israel is justified 
in reestablishing its deterrent posture.
  Mr. CAPUANO. Madam Speaker, I voted in favor of H. Res. 921. The 
recent attacks against the State of Israel should be condemned and 
terrorists and their state sponsors should be held accountable. I 
supported this resolution because I believe that Israel, as a sovereign 
democratic state, has the right to defend herself against aggression. 
Furthermore, the attacks on Israel came from Hamas in Gaza and 
Hezbollah in Lebanon, lands from which Israel had withdrawn in the 
interests of peace.
  However, I do have deep concerns about the scale of the Israeli 
response. I mourn the loss of life among all the suffering peoples of 
the region. We must actively work towards a peaceful solution to this 
crisis.
  I do not believe that my vote in favor of this resolution provides 
President Bush with the authority to take direct military action 
against Lebanon, Syria, Iran or any other nation involved and my vote 
should not be interpreted as a vote in favor of such action. I insist 
that the President seek congressional approval if at any point he 
intends to take military action.
  Mr. JOHNSON of Illinois. Madam Speaker, we find ourselves once again 
on disturbingly familiar ground as Israel continues to defend itself 
against armed attacks by terrorist groups targeting civilian 
populations. As a sovereign nation, Israel has the right and, more 
importantly, the responsibility to defend its borders from acts of 
terrorism and threats to its national security. The War on Terror 
continues to combat terrorist organizations and their State sponsors, 
and as such, Hamas and Hezbollah must be held accountable for their 
destructive actions.
  The recent unprovoked rocket attacks in Israel and the kidnapping of 
Israeli soldiers are obvious acts of war against the democratic nation 
by Hezbollah and Hamas. The U.S. has been a strong leader in the War on 
Terror and these offensive acts of violence are no exception in the 
mission to stop terrorist activities around the world. Increased 
international pressure to call for an end to terrorism must be a 
priority, as an unstable Middle East can have dire consequences to the 
entire international community, as confirmed by the extensive 
evacuations currently taking place in Lebanon.
  The Governments of Syria and Iran, as supporters of both Hamas and 
Hezbollah in their terror activities, must be held accountable for the 
violence taking place in Israel to protect the innocent populations of 
both Israel and Lebanon that find themselves in the middle of continued 
violence. Additionally, the Lebanese Government must call for an end to 
all terrorist

[[Page 15154]]

violence and do everything possible to expel Hezbollah from within its 
borders. These terrorist organizations cannot be ignored and Lebanon 
must protect its sovereignty in the presence of any terrorist activity 
by taking decisive action.
  I commend Israel for minimizing civilian casualties by focusing 
defensive attacks on infrastructures and weapons facilities, 
intentionally avoiding towns and villages. In the face of such 
violence, Israel continues to follow democratic and civilized 
principles of war in protecting its people and Country. I continue to 
support the right of Israel to vigorously defend itself in response to 
attacks of violence that threaten the existence of the Israeli people 
and pray for the end of violence and a peaceful outcome in the Middle 
East.
  Mr. REYES. Madam Speaker, I rise today in support of H. Res. 921, a 
resolution reaffirming this Chamber's steadfast support for the State 
of Israel and condemning Hamas and Hezbollah for engaging in unprovoked 
and reprehensible armed attacks against Israel on undisputed Israeli 
territory, among other provisions.
  On June 16, 2000, Israel unilaterally withdrew its troops from areas 
in Southern Lebanon. It was a monumental stride in the long and 
difficult march toward Middle East peace, one that lent if only 
fleeting promise for a cessation of violence along the Lebonon-Israel 
border. The idea was simple: Israel would end an occupation long cited 
as a serious grievance by Israel's foes, and those foes, denied that 
grievance, would end attacks on Israel. Any further attacks on Israel 
from formerly occupied areas would invite a robust military response. 
That equation for peace, however, was quickly undone.
  After the withdrawal, Hezbollah and other belligerents boasted not of 
a promise of peace, but of defeating the Israeli military and forcing 
it into retreat. Rather than planning for peace and building a strong 
civil society in Southern Lebanon, Hezbollah created a sophisticated 
military infrastructure and denied control of the region to the 
democratically elected Lebanese Government.
  One week ago, Hezbollah, following a similar Hamas kidnaping in June, 
attacked an Israeli military outpost in undisputed Israeli territory, 
killing three soldiers and taking two hostages. Since then, Hezbollah 
has continued attacks on Israel by firing deadly rockets into Israeli 
urban centers like Haifa. Those rockets, whose warheads are often 
packed with ball bearings that turn into molten shrapnel upon 
explosion, are meant to kill and maim indiscriminately.
  No country in the world would tolerate such vicious attacks upon its 
homeland nor threats to its sovereignty without responding and acting 
to ensure its longer-term security. If we support the Israeli State's 
right to exist, then we cannot make Israel an exception among nations. 
Israel must possess the right to defend itself.
  Lastly, even as this war rages, I believe it is important to work 
steadfastly toward peace, because there can be no military solution to 
this conflict. As it combats Hezbollah, I urge Israel to take measures 
to limit casualties among the civilian population and to not 
irrevocably undermine Lebanon's young government, which was the product 
of the inspiring cedar revolution.
  Madam Speaker, I urge my colleagues to support this resolution.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield back the balance of my time.

                              {time}  2240

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Hyde) that the House suspend the rules and 
agree to the resolution, H. Res. 921.
  The question was taken.
  The SPEAKER pro tempore (Miss McMorris). In the opinion of the Chair, 
two-thirds of those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




                ACTION IS OVERDUE ON DRUG PRICING REFORM

  (Mr. BROWN of Ohio asked and was given permission to address the 
House for 1 minute.)
  Mr. BROWN of Ohio. Recently, the United States Senate voted 68-32 to 
adopt an amendment that would stop the government from seizing safe, 
effective, affordable medicine imported from Canada. The House passed a 
responsible bipartisan prescription drug importation bill 3 years ago 
this month. I was pleased to lead the House Democrats in support of 
that bill.
  We were not able to get it sent to the President's desk for only one 
reason: Senate Majority Leader Frist never brought it to the Senate 
floor. His own Republican Caucus never demanded a vote. They never 
stood up. They never demanded action to break the drug industry 
stranglehold on the American market. They never demanded an end to the 
multibillion-dollar annual tax of skyrocketing drug prices it imposed 
on American business, and it imposed on American families.
  At long last, the other body has begun to act. That vote should be 
the start, not the end, of this effort. I challenge the Republican 
leadership in both Chambers to give us an open debate, an honest vote 
on comprehensive drug importation legislation, before the anniversary 
of the House bill's passage 3 years ago. Three years is long enough to 
wait for independence from the drug industry.

                          ____________________




                ENERGY INDUSTRY OCCUPANCY PROTECTION ACT

  (Ms. JACKSON-LEE of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Madam Speaker, today I introduced the 
Energy Industry Occupancy Protection Act of 2006. Tomorrow in the House 
Judiciary Committee we will hold a hearing. We will have the 
opportunity to listen to a victim, victims who have been forgotten, 
victims who were engaged in America's warfare protecting America in the 
1940s and 1950s, when they worked around nuclear radioactive material, 
and were not told by the contractors that they, in fact, were 
subjecting themselves to radioactive impact.
  These families, these individuals, some of whom lost their lives, 
were never compensated. I know America can do better. Tomorrow in front 
of our committee, the Judiciary Committee, Immigration Claims 
Committee, we will have an opportunity to lay the record to establish 
that this government must respond to those brave Americans who stood on 
the front lines, providing the resources for our warriors in World War 
II and the Korean War, and yet were never compensated for their 
illness.
  I do hope my colleagues will join me in cosponsoring this 
legislation, pushing it quickly through the committee, through the 
committee, and ensuring that Americans are protected against this 
devastating impact of working on behalf of Americans and fighting on 
the front lines by engaging and providing nuclear materials for the 
wars that we were engaged in.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 4, 2005, and under a previous order of the House, the following 
Members will be recognized for 5 minutes each.

                          ____________________




           OMAN TRADE DEAL COMPROMISES SECURITY OF U.S. PORTS

  Mr. BROWN of Ohio. Madam Speaker, I ask unanimous consent to go out 
of place and replace Congressman Miller.
  The SPEAKER pro tempore. Without objection, the gentleman from Ohio 
is recognized for 5 minutes.
  There was no objection.
  Mr. BROWN of Ohio. Only a couple of weeks ago, during the same week 
when the Senate rejected an increase in the minimum wage, meaning that 
for 10 years there has not been a minimum wage increase in this 
country, but there have been six congressional pay raises, that same 
week the United States Senate voted to approve a free trade agreement 
with Oman.
  This agreement compromises port security, just what the Bush 
administration had been prepared to do earlier this year, with the 
Dubai Ports World case. You see, the Oman FTA, Free Trade Agreement, 
includes provisions

[[Page 15155]]

allowing companies from Oman to take over land, so-called land-side 
port operations, operating the piers, loading and unloading cargo, 
exactly the sorts of things Dubai Ports World had sought to do.
  In the case of Dubai Ports World, concerned legislators on both sides 
of the aisle, Republicans and Democrats, demanded that the Bush 
administration back down, demanded that the administration block the 
deal, and ultimately the foreign company gave up. But the Oman Free 
Trade Agreement would weaken our ability to protect port security and 
actually allow it to back-door its way into this country.
  If we tried to block an Omani company's control over critical port 
infrastructure, the Omani Government could sue us, could sue the United 
States for violating this trade agreement, and that case would not be 
heard by a U.S. court with judges confirmed by U.S.-elected officials 
and charged with balancing the needs of trade and the imperative 
security under U.S. law. It would instead be heard by an unelected, 
unaccountable, international tribunal whose mission is trade promotion, 
not security enhancement.
  If we lost, the foreign ports takeover would go ahead, despite our 
security concerns, or we would face retaliatory sanctions. Even if we 
won, we would have spent, as a country, as taxpayers, millions and 
millions of taxpayer dollars, fighting in a foreign court for the right 
to protect our most basic security.
  Worse yet, the agreement opens U.S. security decisions to suits not 
only from the Omani Government, but also from companies located in 
Oman. That means not only actually companies actually headquartered in 
Oman, but any companies with a branch in Oman.
  For example, an Iranian company, we heard a lot about Iran tonight, 
an Iranian company with a branch in Oman might be able to sue us if we 
continue to block its efforts in a U.S. port. There is reason to be 
concerned about the Irani-Oman connection. Iran recently spent $45 
million to expand a port with the objective of increasing trade with 
Iran.
  We need to reject not only the Oman FTA, but the whole fundamentally 
flawed trade model, a model that puts the economic interests of 
multinational corporations ahead of the security interests of the 
American people. Imagine again what can happen. Dubai Ports World 
locates an office in Oman. We pass this trade agreement.
  Oman then allows, and under the free trade agreement, Dubai Ports 
World could actually run a port in Baltimore, a port in New York. That 
company then, running the Baltimore port, allows cargo into the 
Baltimore port.
  That cargo comes across I-70 to Bellaire and Zanesville and Columbus 
and Springfield and Dayton, or it comes down the Saint Lawrence Seaway 
through Ashtabula and Cleveland and Toledo, or it comes down the Ohio 
River to Steubenville and Marietta and Gallipolis and Cincinnati.

                              {time}  2250

  I have introduced legislation, H.R. 4812, to ensure that trade 
agreements do not undermine homeland security. My bill requires 
security reviews of trade agreements as soon as negotiations begin, 
then another round of reviews when the agreement's concluded.
  Unlike the Dubai Ports World and the Oman Free Trade Agreement, this 
bill keeps Congress in the loop all the way. It creates a special 
security watchdog commission to make sure Congress has an independent 
voice on security issues. It is absurd that the Federal Government 
makes American citizens take off our shoes at the airport but refuses 
to conduct security reviews of multibillion-dollar trade deals.
  We need to take our heads out of the sand. We need to reject the Oman 
Free Trade Agreement and its dangerous ports language. We need to 
insist on a responsible policy to ensure that trade agreements 
strengthen, not weaken, our national security.

                          ____________________




             32ND ANNIVERSARY OF TURKISH INVASION OF CYPRUS

  Mr. PALLONE. Madam Speaker, I ask unanimous consent to take the time 
of Mr. Emanuel.
  The SPEAKER pro tempore. Without objection, the gentleman from New 
Jersey is recognized for 5 minutes.
  There was no objection.
  Mr. PALLONE. Madam Speaker, this week people all around the world are 
hearing about the small island of Cyprus. Today, Cyprus is serving as a 
safe haven for thousands of Americans and others who have fled the 
violence of the Middle East.
  I would suspect, however, that most people around the world do not 
know that tomorrow Cyprus marks the 32nd anniversary of a very dark day 
in its history. That is the day Turkey illegally invaded the northern 
third of Cyprus. At a time when Cypriots are inviting thousands of 
people to their island as a way to leave behind violence, the actual 
island itself remains divided.
  I commend the Cypriot government for its effective work in 
coordinating evacuation efforts with both the U.S. Government and the 
world community. According to a State Department official, ``Cypriots 
have met every helicopter and ship with sandwiches and water and juice. 
They're just being fantastic.'' And this is nothing new, Madam Speaker. 
Cyprus has always been a strong ally of the United States.
  I hope Cyprus' actions of the last week will help the Bush 
administration reevaluate its relationship with the island Nation, a 
relationship that has cooled over the last couple of years.
  Until 2 years ago, both Democratic and Republican administrations 
consistently condemned the Turkish government for this illegal 
occupation and pressured the government to come to the negotiating 
table in an attempt to finally reunite Cyprus.
  Past administrations understood that the invading Nation of Turkey 
was to blame for the division and should, therefore, be punished 
accordingly. As a result, past administrations specifically forbid 
trade with the illegal government of the occupied north. Our government 
also prohibited directly flights into the occupied north. As long as 
Turkey continued its intransigence and refused to leave Cyprus, U.S. 
administrations correctly believed that they should not be rewarded.
  While this has been consistent U.S. policy, I am deeply concerned 
that over the past 2 years we have witnessed a blatant shift in Cyprus 
policy from the Bush administration, specifically from Secretary of 
State Condoleezza Rice.
  The U.S. State Department and Secretary Rice seem much more 
interested in rewarding those who illegally occupied the northern third 
of the Nation back in 1974 than actually reunifying the island.
  Over the past year, our State Department decided to allow Americans 
to fly into the occupied north, in direct violation of international 
law and the law of the Republic of Cyprus. Last year, I joined many of 
my colleagues from the Congressional Hellenic Caucus in sending a 
letter expressing our deep concern regarding the legality of these 
flights.
  In response, the State Department said that it was encouraging the 
elimination of unnecessary restrictions and barriers that isolate and 
impede the economic development of the Turkish Cypriot community.
  Unfortunately, it did not end there. The State Department agreed to 
resume trade with the occupied north, a direct violation of both 
domestic law in law Cyprus and international law.
  Madam Speaker, I am deeply concerned that the State Department's new 
policy towards the government and the people of the occupied north will 
only delay reunification of the entire island. If the U.S. allows 
direct trade through routes in the north, what incentive do the illegal 
occupiers have to make any concessions?
  It is as if the State Department had completely for gotten who is 
responsible for the division of Cyprus in the first place. I have 
repeatedly encouraged Secretary Rice to take a historic look at the 
Cyprus problem over the past 32 years.
  Madam Speaker, I hope that the Bush administration remembers how

[[Page 15156]]

helpful both the Cyprus government and the people of Cyprus have been 
over the last week. It is time that we return to the fair-minded 
policies enacted prior to 2005 so that we can finally bring about real 
negotiations that will finally reunify Cyprus. The 32 years of 
occupation must come to an end.
  And so as we recognize this dark anniversary, I hope that the Bush 
administration rewards the actions of Cyprus over this last week by 
returning to the policies of the past. They were the right policies 
then, and they would be the best policies now to foster an environment 
to end this division of Cyprus.

                          ____________________




                        AMERICANS STRANDED AGAIN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 minutes.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I spoke of this earlier in 
the discussion of the resolution regarding the statement on Israel, but 
I think as a member of the Homeland Security Committee and having 
experienced just almost a year ago the watching of Americans in the 
gulf region, Louisiana, Alabama and Mississippi remain stranded for 
days upon days, as confusion continued in how to evacuate Americans who 
looked to the Federal Government as their umbrella on a rainy day, the 
images of Americans sitting on rooftops, floating in water, and the 
terrible stories that were told as many of them were evacuated to 
Houston is still very, very strong and very, very potent in our minds.
  It bothers me that we stand here again watching the newsreels report 
over and over again of the 25,000 stranded Americans in Lebanon. The 
seemingly slow process of reaching those particular citizens, families, 
children, who are looking for relief from the Federal Government.
  I think it is imperative that there be some briefing of the United 
States Congress immediately to detail how we can swiftly move up the 
throngs of Americans who are begging to be able to come home. It simply 
seems untenable that we do not have the resources necessary to evacuate 
our citizens more quickly than it has been done.
  Many of them are in need of medical care, many of them with young 
families, and the stories are just heart-breaking. Children who are 
left on the pier. The 11-year-old girl who watched a ship go off and 
ultimately had to be redirected to a ship in the morning.
  There is a conflict, there is a violent conflict going on. American 
lives are in jeopardy, and this administration needs to provide to the 
United States Congress their detailed plan of how they will evacuate 
Americans. We have their loved ones in our districts. They are pained 
to understand why the most powerful Nation in the world cannot even get 
its citizens out of Lebanon. There is no excuse.
  We know the military, although it is stretched in Iraq and elsewhere, 
is well able to take orders and to move quickly, and if it is not the 
military, then we know that you can capture civilian commercial 
aircrafts and direct them to be able to secure those who need to get 
out because of medical emergencies and other needs that would warrant 
them getting out more swiftly than others.
  Mr. President, the United States Senate and this Congress, this 
House, can do a far better job responding to this crisis while 
protecting the American people. It is a shame, simple shame that loved 
ones here in the United States are still facing this crisis without 
knowing whether their loved ones can be returned home safely and 
secure.
  Hurricane Katrina was a dastardly, devastating experience for this 
country. In fact, there is no excuse. We cannot defend the incompetence 
of the departments that were responsible for evacuating those citizens 
from the gulf coast, a natural disaster. Now we have been at war in 
conflict and crisis for six, seven, eight days, and there are Americans 
still stranded in Lebanon. I hope that will be a wake-up call and that 
we will get a response immediately.
  My door is open. My number is available, (202) 225-3816. We want to 
be of help to those families who are stranded, and we also want to be 
of help for a resolution of the conflict, of which all of us are 
looking for an immediate engagement and the opportunity for the U.N. 
and other bodies to be able to bring a solution to this terrible 
tragedy.

                          ____________________




                              {time}  2300
           TERRORISTS NO LONGER A THREAT TO THE UNITED STATES

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 4, 2005, the gentleman from Michigan (Mr. McCotter) is 
recognized for half of the time remaining before midnight as the 
designee of the majority leader.
  Mr. McCOTTER. Madam Speaker, throughout this unsought struggle, which 
is the world war on terror, our Nation's citizen soldiers have expended 
their fullest measures of devotion to our defense. The cost of their 
heroic sacrifices, especially our fallen soldiers' ultimate sacrifices, 
upon themselves and their loved ones has rightly been solemnly noted on 
the floor of this, the people's House.
  The success of their heroic sacrifices in protecting our families and 
freedoms, however, has yet to be fully enunciated and honored, for as 
the men and women of the United States Armed Forces themselves, and 
their loved ones, have expressed to myself and my colleagues, their 
sacrifices have not been in vain.
  Thus, tonight my colleagues and I will endeavor to emphasize but a 
portion of our noble military's and our Homeland Security personnel's 
victories in defending our lives and our liberties from our evil 
terrorist enemies.
  To commence, I yield such time as he may consume to the gentleman 
from South Carolina (Mr. Barrett).
  Mr. BARRETT of South Carolina. Mohammed Atef aka Abu Hafs Al-Masri, 
no longer a threat to the United States.
  Ahmed Homood Al-Khaldi, no longer a threat to the United States.
  Mohammed Abdul Fattah Mohammed Kiram, no longer a threat to the 
United States.
  Hanan Abdullah Raqib, no longer a threat to the United States.
  Hassan bin Hamid Hazimi, no longer a threat to the United States.
  Ali Kudhair Fahd Al-Khudhair, no longer a threat to the United 
States.
  Ali Al-Khudair, no longer a threat to the United States.
  Al-Iyadiyah Ahmed Mohammed Al-Sayyad, no longer a threat to the 
United States.
  Hisham Mubarak Al-Hakami, no longer a threat to the United States. 
Hani Al-Sayegh, no longer a threat to the United States.
  Abdul Monim Ali Mahfouz Al-Ghamdi, no longer a threat to the United 
States.
  Zubayr al-Rimi, no longer a threat to the United States.
  Khalid Jehani, no longer a threat to the United States.
  Badr Al Sobeii, no longer a threat to the United States.
  Ghaidah Ahmed Mohamed Souidah, no longer a threat to the United 
States.
  Fayez bin Awad Juhaini, no longer a threat to the United States.
  Abdul Wahab Adel Abdul Wahab Al Sheridah, no longer a threat to the 
United States.
  Qasim al-Raimi aka Qasim al-Taizi, no longer a threat to the United 
States.
  Ali Abd al-Rahman al-Faqasi al-Ghamdi, no longer a threat to the 
United States.
  Abdullah Ibn Ibrahim Ibn Abdullah Al-Shabrami, no longer a threat to 
the United States.
  Eid bin Dakhil Allah Juhaini, no longer a threat to the United 
States.
  Khaled Ahmed Mohammed bin Sanan, no longer a threat to the United 
States.
  Muhammad Atef, no longer a threat to the United States.
  Narseal Batiste, no longer a threat to the United States.
  Stanley Grant Phanor, no longer a threat to the United States.

[[Page 15157]]

  Mohammed Ajmal Khan, no longer a threat to the United States.
  Saif al-Adel, no longer a threat to the United States.
  Major Khalid Hmood, no longer a threat to the United States.
  Safwan al-Hasham, no longer a threat to the United States.
  Saif Alwahid, no longer a threat to the United States.
  Yasser al-Jaziri, no longer a threat to the United States.
  Mohammed Salah, no longer a threat to the United States.
  Sheikh Ibn al-Liby, no longer a threat to the United States.
  Mohammed Omar Abdel Rahman, no longer a threat to the United States.
  Aso Hawleri, no longer a threat to the United States.
  Omar Hadid, no longer a threat to the United States.
  Ali Wali aka Abbas bin Farnas bin Qafqa, no longer a threat to the 
United States.
  Hassan Ibrahim Farhan, no longer a threat to the United States.
  Abd al-Tahki al-Nissani, no longer a threat to the United States.
  Abdullah al-Janabi, no longer a threat to the United States.
  Umar Baziyani, no longer a threat to the United States.
  Abu Waleed Saudi, no longer a threat to the United States.
  Faraj Ahmad Najmuddin aka Mullah Krekar, no longer a threat to the 
United States.
  Muhammed Hila Hammed al-Ubaydi aka Abu Ayman, no longer a threat to 
the United States.
  Nayef Abbas al-Zubaydi aka Abu Moawiy, no longer a threat to the 
United States.
  Abu Tallah, no longer a threat to the United States.
  Shahab Ahmed, no longer a threat to the United States.
  Abu Abdallah Suri, no longer a threat to the United States.
  Mo'ayed Ahmed Yassin aka Abu Ahmed, no longer a threat to the United 
States.
  Abu Mohammad Hamza, no longer a threat to the United States.
  Abu Zubayr, no longer a threat to the United States.
  Muhammad Khalid, no longer a threat to the United States.

                              {time}  2310

  Ridha Baziyani aka Fadil al-Kurdi, no longer a threat to the United 
States.
  Mr. McCOTTER. Reclaiming my time, Madam Speaker, I wish to yield to 
the gentlewoman from Pennsylvania (Ms. Hart).
  Ms. HART. Madam Speaker, I thank the gentleman.
  Omar Rahman, no longer a threat to the United States.
  Syed Adnan Shah, no longer a threat to the United States.
  Amjad Hussain Farooqi, no longer a threat to the United States.
  Osama Nazir, no longer a threat to the United States.
  Yousaf bin Yousaf, no longer a threat to the United States.
  Wahid Khan, no longer a threat to the United States.
  Mohammed Omar Abdel Rahman, no longer a threat to the United States.
  Shamshad Khan, no longer a threat to the United States.
  Mohammed Shafique, no longer a threat to the United States.
  Mohammad Hassan, no longer a threat to the United States.
  Khalid Ansari, no longer a threat to the United States.
  Mian Abdul Mannan Samejo, no longer a threat to the United States.
  Mullah Abdul Jalal, no longer a threat to the United States.
  Nek Mohammed, no longer a threat to the United States.
  Mullah Dost Mohammad, no longer a threat to the United States.
  Mullah Abdul Razaq, no longer a threat to the United States.
  General Abdul Qadeer, no longer a threat to the United States.
  Maulavi Abdul Razaq, no longer a threat to the United States.
  Qari Ahmadulla, no longer a threat to the United States.
  Mullah Fazel M. Mazloom, no longer a threat to the United States.
  Hazrat Ali, no longer a threat to the United States.
  Mullah Angar, no longer a threat to the United States.
  Sattar Sadozai, no longer a threat to the United States.
  Mullah Badar, no longer a threat to the United States.
  Mullah Abdul Salam Zaeef, no longer a threat to the United States.
  Abdul Kabir, no longer a threat to the United States.
  Maulavi S. Ahmed Shahid Khel, no longer a threat to the United 
States.
  Reza Khan, no longer a threat to the United States.
  Toor Mullah Naqibullah Khan, no longer a threat to the United States.
  Abdul Razzak, no longer a threat to the United States.
  Maulavi Qalamuddin, no longer a threat to the United States.
  Hilmi Tugluoglu, no longer a threat to the United States.
  Zahir Salaamah, no longer a threat to the United States.
  Ziyad Dabdoob, no longer a threat to the United States.
  Khalid al-Haajji, no longer a threat to the United States.
  Hilal Altah, no longer a threat to the United States.
  Imad ad-Deen an-Naqib, no longer a threat to the United States.
  Jamil Dawud, no longer a threat to the United States.
  Ibrahim Eid, no longer a threat to the United States.
  Alauddin Hammad, no longer a threat to the United States.
  Fuad Mubarak, no longer a threat to the United States.
  Mazin al-Qasir, no longer a threat to the United States.
  Mansor Hasnu, no longer a threat to the United States.
  Saad bin Laden, no longer a threat to the United States.
  Ahmed Zaoui, no longer a threat to the United States.
  Qari Saifullah Akhtar, no longer a threat to the United States.
  Abd al-Hadi al-Iraqi, no longer a threat to the United States.
  Mohammed Mohsen Yahya Zayed, no longer a threat to the United States.
  Mr. McCOTTER. Madam Speaker, reclaiming my time, I wish to yield to 
the gentleman from Texas (Mr. Carter).
  Mr. CARTER. Hazil Mohsen Shalesh, no longer a threat to the United 
States.
  Amir Saleh Ismael, no longer a threat to the United States.
  Moayad Ahmed Yasseen, no longer a threat to the United States.
  Hamdi Tantawi, no longer a threat to the United States.
  Majid Abdul Hameed Kazim, no longer a threat to the United States.
  Ahmed Qumra Isaa, no longer a threat to the United States.
  Arkan Jawad Jari, no longer a threat to the United States.
  Abdul Aziz Sa'dun Ahmed Hamduni aka Abu Ahmed, no longer a threat to 
the United States.
  Ammar Abu Bara, no longer a threat to the United States.
  Muthana Kahdum Al Madawwere, no longer a threat to the United States.
  Omar Sayel, no longer a threat to the United States.
  Yasser Fathi Ibrahim, no longer a threat to the United States.
  Muawiyah Muhanna, no longer a threat to the United States.
  Ahmed Mohammed Ali Ayed, no longer a threat to the United States.
  Jamil Mohammed Kutkut, no longer a threat to the United States.
  Ibrahim Ahmed Abdel Majeed Al Reemy, no longer a threat to the United 
States.
  Thamer Khamis Abdel Aziz Al Khamis, no longer a threat to the United 
States.
  Salem Saad Salem bin Soued, no longer a threat to the United States.
  Saud Abdullah Al Jadhii, no longer a threat to the United States.
  Harbi Khudair Hamudi, no longer a threat to the United States.
  Abed Sattar, no longer a threat to the United States.
  Karem Abed Ibrahim, no longer a threat to the United States.
  Adel Mujtaba aka Abu Rim, no longer a threat to the United States.
  Hazif Sattar, no longer a threat to the United States.
  Haidar Abu Bawari, no longer a threat to the United States.
  Salah Suleiman Loheibi, no longer a threat to the United States.
  Anad Mohammed Qais, no longer a threat to the United States.

[[Page 15158]]

  Sami Ali Faidy, no longer a threat to the United States.
  Abu Omar al-Kurdi, no longer a threat to the United States.
  Fares Younis, no longer a threat to the United States.
  Sheikh Yusef, no longer a threat to the United States.
  Nidal Arabiyat Agha Hamza, no longer a threat to the United States.
  Mullah Noor Mohammed, no longer a threat to the United States.
  Khalid Shaikh Mohammed, no longer a threat to the United States.
  Muhammad Hamza al-Zubadyi, no longer a threat to the United States.
  Taha Yasin Ramadan al-Jizrawi, no longer a threat to the United 
States.
  Zuhayr Talib Abd al-Sattar al-Naqib, no longer a threat to the United 
States.
  Maulvi Abdul Ghaffar, no longer a threat to the United States.
  Abd al Tawab Mullah Huwaysh, no longer a threat to the United States.
  Abu-Musab Al-Zarqawi, no longer a threat to the United States.

                              {time}  2320

  Qusay Hussein, no longer a threat to the United States.
  Khalid Shaikh Mohammad, no longer a threat to the United States.
  Uday Hussein, no longer a threat to the United States.
  Saddam Hussein, no longer a threat to the United States.
  Abu Zubaydah, no longer a threat to the United States.
  Abdel Basset Ali Al-Megrahi, no longer a threat to the United States.
  Ali Asad Chandia, no longer a threat to the United States.
  Mr. McCOTTER. Abu Abbas, no longer a threat to the United States.
  Atta Kumar, no longer a threat to the United States.
  Saifullah alias Gori, no longer a threat to the United States.
  Abdullah of Parnot, no longer a threat to the United States.
  Burez Begum, no longer a threat to the United States.
  Mustaqim, no longer a threat to the United States.
  Farouk Hijazi, no longer a threat to the United States.
  Nasser Al-Fahd, no longer a threat to the United States.
  Mohammad Salim Al-Ghamdi, no longer a threat to the United States.
  Tariq Mikhail Aziz, no longer a threat to the United States.
  Hassan Ghul, no longer a threat to the United States.
  Khala Khadr Al-Salahat, no longer a threat to the United States.
  Nayif Shindakh Thamir, no longer a threat to the United States.
  Adil Abdallah Mahdi, no longer a threat to the United States.
  Humam Abd al-Khaliq Abd al-Ghafur, no longer a threat to the United 
States.
  Ahmad al-Ali, no longer a threat to the United States.
  Lt. Colonel Khaled Rajab, no longer a threat to the United States.
  Sabawi Ibrahim Hasan al-Tikriti, no longer a threat to the United 
States.
  Abdul Hadi Daghlas aka Abu Taisir, no longer a threat to the United 
States.
  Shihab al-Sab'awi, no longer a threat to the United States.
  Mohammed al Harahse, no longer a threat to the United States.
  Abdullah al-Shami, no longer a threat to the United States.
  Ayoub Hawleri, no longer a threat to the United States.
  Abu Saeed, no longer a threat to the United States.
  Mohammad Salman Eisa aka Ibrah, no longer a threat to the United 
States.
  Mohammed Sultan, no longer a threat to the United States.
  Mo'ayed Ahmed Yassin aka Abu Ahmed, no longer a threat to the United 
States.
  Husam al Yemeni, no longer a threat to the United States.
  Abu Abdullah Hasan bin Mahmud, no longer a threat to the United 
States.
  Didar Khalan, no longer a threat to the United States.
  Anas Ahmad al-Issa, no longer a threat to the United States.
  Mohammed Najm Ibrahim, no longer a threat to the United States.
  Abu Zubair al-Haili, no longer a threat to the United States.
  Mahmud Hameeda, no longer a threat to the United States.
  Isa al-Millly, no longer a threat to the United States.
  Kasir al-As'ad, no longer a threat to the United States.
  Madam Chairman, I yield to the gentleman from South Carolina, Mr. 
Barrett.
  Mr. BARRETT of South Carolina. Bassim Mohammad Hazeem, no longer a 
threat to the United States.
  Mahi Shami, no longer a threat to the United States.
  Zain Abdallah Salah Khalaf al-Jib aka Abu Karam, no longer a threat 
to the United States.
  Saleh Arugayan Kahlil, no longer a threat to the United States.
  Ami Mohammed al-Jafi aka Abu Omar al-Kurdi, no longer a threat to the 
United States.
  Abu al-Hasan, no longer a threat to the United States.
  Abd al-Hafiz Shamma, no longer a threat to the United States.
  Abdel Karim Sayyid Sulayman, no longer a threat to the United States.
  Abd al-Khaliq Hakimi, no longer a threat to the United States.
  Abd ar-Rahman as-Suways, no longer a threat to the United States.
  Aamir Nawfal, no longer a threat to the United States.
  Ihab Dafaa, no longer a threat to the United States.
  Jamal Ba Khorsh, no longer a threat to the United States.
  Ahmad al-Shinni, no longer a threat to the United States.
  Fatha Abdul Rahman, no longer a threat to the United States.
  Mohsen Al Fadli, no longer a threat to the United States.
  Juma Ibraham, no longer a threat to the United States.
  Mohammad al-'Owhali, no longer a threat to the United States.
  Mr. McCOTTER. Reclaiming my time, I yield to the gentlelady from 
Pennsylvania (Ms. Hart).
  Ms. HART. Yusus a-Balkhi, no longer a threat to the United States.
  Mohammed Saeed Kazim al-Saha, no longer a threat to the United 
States.
  Abd al-Rahim al-Nashiri, no longer a threat to the United States.
  Ibrahim Bah, no longer a threat to the United States.
  Munib Zahiragic, no longer a threat to the United States.
  Qaed Salim Sinan al-Harethi, no longer a threat to the United States.
  Tawfiz Attash Khallad, no longer a threat to the United States.
  Aziz Nassour, no longer a threat to the United States.
  Abdallah Muhammed Rajab Abd al-Rahman, no longer a threat to the 
United States.
  Abu Ubaida, no longer a threat to the United States.
  Mamdouh Mahmud Salim, no longer a threat to the United States.
  Abu Yasir al-Jaziri, no longer a threat to the United States.
  Mosabir Aroochi, no longer a threat to the United States.
  Mamoun Darkazanli, no longer a threat to the United States.
  Adil al-Jaziri, no longer a threat to the United States.
  Ali Ahmed Hamdoosh, no longer a threat to the United States.
  Taha Ahmed Kalif, no longer a threat to the United States.
  Abdul Rahim Riyadh, no longer a threat to the United States.
  Youssef Mustafa Nada, no longer a threat to the United States.
  Mr. McCOTTER. Reclaiming my time, I yield to the gentleman from Texas 
(Mr. Carter)
  Mr. CARTER. Mulvi Nida Mohammed, no longer a threat to the United 
States.
  Ahmadullah, no longer a threat to the United States.
  Khalfan Khamis Mohamed, no longer a threat to the United States.
  Ahmed Khalfan Ghailani, no longer a threat to the United States.
  Abu Faraj al-Libbi, no longer a threat to the United States.
  Patrick Abraham, no longer a threat to the United States.
  Mir Aimal Kansi, no longer a threat to the United States.
  Mustafa Setmariam Nasar, no longer a threat to the United States.
  Jose Padilla, no longer a threat to the United States.
  Rotschild Augustine, no longer a threat to the United States.

[[Page 15159]]

  Naudimar Herrera, no longer a threat to the United States.
  Lyglenson Lemorin, no longer a threat to the United States.

                              {time}  2330

  Mr. McCOTTER. Reclaiming my time, Madam Speaker, as the hour is 
almost upon us.
  Madam Speaker, these were but a random portion of the thousands of 
names which could have been read into the Record. But I trust we have 
proven our point of how honorably and effectively our citizen soldiers 
and our homeland security personnel have been defending and continue to 
defend our lives and liberties against our evil terrorist enemy.

                          ____________________




                       30-SOMETHING WORKING GROUP

  The SPEAKER pro tempore (Miss McMorris). Under the Speaker's 
announced policy of January 4, 2005, the gentleman from Florida (Mr. 
Meek) is recognized for the remaining time before midnight as the 
designee of the minority leader.
  Mr. MEEK of Florida. Madam Speaker, it is an honor to come before the 
House once again. As you know, the 30-Something Working Group, we come 
to floor if not every other day, every day, to not only share with the 
Members but also the American people about many of the issues that we 
fight for for them here in this U.S. House of Representatives.
  I must say that there are a number of things that we can talk about 
this evening. But I just want to start off, because I know that not 
only the Democratic leader, but also the entire Democratic Caucus is 
looking to hopefully put America in a new direction. We want to make 
sure that we provide the leadership on behalf of all Americans.
  As you know, I want to start off tonight, but as you know, we have 
been sharing it with the Members so that hopefully it will have some 
sort of lift here in the House. It has not had thus far, but we are 
willing to provide the leadership, even in the minority, even though 
the majority is not willing to pick up the philosophy that we are 
pushing here on behalf of the American people, making sure that we have 
more affordable health care.
  Madam Speaker, this is on housedemocrats.gov. Also lower gas prices 
to achieve energy independence, which we have our energy plan on 
housedemocrats.gov. And, Madam Speaker, our innovation plan that has 
been there for some time, and filed legislation here in the House that 
has not been heard.
  We want to talk about homeland security. We have a Real Security Plan 
also on that website that is there for the Members. They have to have 
the will and the desire, Madam Speaker, to be able to take up these 
plans and these initiatives. And if we were able to work in a 
bipartisan way, these plans would already be passed, not only in the 
Appropriations Act, but also here on the floor.
  The two other things that I want to mention, as it relates to cutting 
the cost of college cost. As you know, the cost to go to college has 
gone up. This Republican-led Congress last not helped in that area. 
They have not helped the every-day average American to be able to meet 
the increases that they have been asked to pay.
  And also, Madam Speaker, in a new direction for America is making 
sure that we follow through with fiscal responsibility, pay as we go, 
not just on a credit card, not just saying because we can give tax cuts 
to millionaires, and we will just put it off on future generations, or 
we will go to foreign nations and borrow a record number of dollars.
  These nations, Madam Speaker, that I am holding up here, they own a 
part of the American apple pie, not because of what the American people 
have done, it is what the Republican Congress has done, and allow these 
countries to buy our debt because we are not fiscally responsible.
  I think it is also important to make sure that we encourage working 
families, people that are making minimum wage. Madam Speaker, I just 
want to make this point, then I am going to give it to my friend, Mr. 
Ryan from Youngstown, Ohio.
  As you know, Madam Speaker, we have had, time after time again, three 
or four occasions in the 109th Congress that we have asked the 
Republican majority to join us in raising the minimum wage, to make 
sure that the American workers are able to keep up with the costs of 
not only living but inflation.
  But it has been well said, and Mr. Ryan will point it out with his 
chart that he has there in a moment, that the Republican Congress is in 
no way and in no shape ready to give minimum wage workers an increase. 
Since 1997 they have not had an increase.
  But here in the 30-Something Working Group, Madam Speaker, we 
actually take time to find out the facts, because we want to make sure 
that we are not telling the American people nor Members of this House 
something that is inaccurate.
  I must say that in 1998, Madam Speaker, Members of Congress received 
$3,100 in a pay increase. And we are not minimum-wage workers. In 1998, 
minimum wage workers zero, Mr. Ryan.
  In 2000, Members of Congress received a pay increase of $4,600. Guess 
what? Same year, minimum-wage workers, zero. 2001, Members of Congress 
received $3,800. Minimum-wage workers, zero. In 2002, Members of 
Congress received another pay increase, $4,900, almost $5,000 pay 
increase. Remember we just got one in 2002, I was not a Member yet but 
it happened. Minimum-wage workers, zero.
  2003. Members of Congress, $4,700 pay increase. Just got one last 
year, getting another one in 2003. Of course, minimum-wage workers, 
zero. Punch in and punch out every day. They work a 40-hour work week, 
catch the early bus, trying to raise their children.
  Members of Congress, 2004, $3,400 pay increase. Same year, minimum-
wage workers, zero, Mr. Ryan, thanks to the Republican majority.
  2005, it is great to be in Congress. Too bad every American cannot be 
and minimum-wage workers cannot be. 2005 Members of Congress, $4,000. 
Tell you, the Republican majority takes care of their own, and us too. 
2005, zero for minimum-wage workers.
  Proposed increase for Members of Congress, $3,100, Madam Speaker. 
And, of course, this year again, 2006, zero for minimum-wage workers.
  Mr. Ryan, I think it is important for us to share that, not only with 
the Members so they will not go home and say, well, you know, I do not 
quite know what was going on. If you have a family member, which I know 
many Americans, because there are 7 million Americans that are working 
in minimum wage, we have middle class workers that are working that are 
not working for minimum wage, but as long as minimum-wage workers are 
making $5 and change, the American worker will got get what they 
deserve.
  Madam Speaker, I guess it is okay, and I do not know if I have my 
chart here, the Republican Congress, Mr. Ryan, and quickly closing on 
this, I guess it is okay for big oil executives to have a $398 million 
retirement package and a $2 million tax break. I think that is where 
the priorities are.
  I think also the priorities are making sure that oil companies are 
able to price-gouge Americans at the same time. We are talking about 
energy innovation, E-85, for them to not only to sell the old stuff 
that is keeping it alive and well in the Middle East instead of 
investing in the midwest, Madam Speaker, and E-85, saying that you 
cannot use a credit card, a Mobil card, to be able to buy gas, but 
better yet you can go into the store and buy a carton of cigarettes or 
10 gallons of milk, but you cannot get this E-85, because we want to 
keep you there, and we are not encouraging them to do anything else.
  Madam Speaker, I think it is important also to outline, if you are an 
oil company, you are in good, or if you are a Member of Congress you 
are in good shape, because you are going to get a pay raise, and we are 
going to make sure that you are able to make record profits.
  As you know, Madam Speaker, and also, Mr. Ryan, almost nightly I read

[[Page 15160]]

the Washington Post article that talked about the special meeting that 
took place in the west wing of the White House, in the complex, where 
oil executives met with Cheney's aides. Guess what? They got a pay 
raise and also a profit raise.
  Look what happened after their 2001 meeting, that Washington Post 
article, I believe it is on our website, housedemocrats.gov/
30something. $34 billion increase for 2002. 2003, $59 billion increase. 
Mr. Ryan, I think that was a good meeting. In 2004, $84 billion. And in 
2005, $113 billion.
  You want to know who is on your side, the bottom line is on this side 
of the aisle, we say we want to take this country in a new direction. 
We want to make sure that they receive the leadership that they 
deserve.
  Mr. RYAN of Ohio. I appreciate that, because exactly what you are 
saying fits into the overall economic picture. And there was a great 
column the other day in the New York Times by Paul Krugman, who kind of 
outlined, as the statistics finally came in from 2004, we now know how 
the economic pie was divided in 2004.
  So what happened in 2004, which I find very interesting, this is 
inflation-adjusted income. The top 1 percent in 2004 had a real income 
increase of 17 percent. And the other 99 percent had an increase of 3 
percent.

                              {time}  2340

  Basically what we are saying here, is over the past 5 or 6 years, 
where President Bush is in and the Republican Congress, Senate and 
House have all been in, the top 1 percent had an income growth of 17 
percent on average. They received tax cuts from this administration. 
They are the same executives that represent the oil companies that get 
$400 million retirement packages. They are the same representatives on 
the boards of all the major multinational companies that have been 
going gangbusters.
  When you move the jobs offshore, and you take them to China, and the 
profits go up, and they just go to a small group, that is the same 
group that is getting the tax cut. That is the same group that is 
getting the corporate welfare, on and on and on.
  All we are trying to say is raise the minimum wage for the least 
among us, the 7 million people who need a little bump. For many people, 
this is irrelevant. I was having lunch today with a guy from Girard, 
Ohio, who owns a bunch of nursing homes. His people are at $8 or $9 an 
hour. He says, this has no benefit for me, one way or another. Why not 
raise it? Why not lift those 7 million people up, because you want to 
make an incentive for them to work and not create an incentive where 
they want to go on the government dole.
  But if you look at what's happening here, while the top 1 percent had 
an income growth of 17 percent, while they got corporate welfare in the 
energy industry to the tune of $17 billion, this is what has been 
happening here at home.
  Minimum wage has gone up 0 percent since 1997; whole milk, 24 
percent. This is where the rubber meets the road. This is where you are 
going to the grocery store, and this is having an effect on you. Bread, 
up 25 percent; 4-year public college, 77 percent up; health insurance, 
up 97 percent; and regular gas, up 136 percent.
  We have leaders in the Republican Party saying I don't believe in the 
minimum wage, I am never going to vote for the minimum wage. I am never 
going to vote for an increase in the minimum wage. I mean, come on, 
what are you thinking?
  We need average Americans to be lifted up. I know, down in Florida, 
in Ohio, time and time again, we have people who need assistance. I 
want to make a point that the system right now is cutting against 
average people.
  If you got a couple kids in college, and tuition has doubled in the 
last 5 years, and you have to take your kids to and from school, and 
gas is up 136 percent, and you own a small business and you are trying 
to cover your employees, and health insurance is up 97 percent, you are 
just an American trying to make ends meet, keep your family together, 
and hopefully give the next generation an opportunity to have a little 
bit better off than you had it.
  People down here aren't doing anything to be helpful.
  Mr. MEEK of Florida. There is another chart behind that chart further 
that goes into what is happening as it relates to middle-class 
families.
  Mr. RYAN of Ohio. Well, and the best part about this chart is again, 
really, college tuition up, gas prices up, health care up, this is 
since President Bush has been in; median household income, down 4 
percent. When you have all of these increases, rapidly increasing, and 
the wages are increased by 4 percent, a terrible problem.
  But here is the real problem, President Bush says, America's economy 
is strong and benefiting all Americans. Come to Youngstown, Ohio, Mr. 
President. Come to western Pennsylvania. Come to south Florida, come to 
the Midwest. The economy is not benefiting all Americans, and the 
President needs to realize that.
  You know, I don't want to get into the whole international relations 
discussion here, because this is our focus, and I don't want to. But I 
am going to make one comment, because I know you want me to.
  This administration has been totally disengaged from average American 
people, from the international community. This problem we have in the 
Middle East right now is because this President disengaged the peace 
process 5 years ago. He has not been engaged.
  The number of terrorists are up from what they were in 2000, okay? 
Up. We have got problems now in Lebanon, Syria, Iran, North Korea, 
Iraq. We have got insurgency in Iraq, and we are spending $8 billion a 
month that needs to be going to address these problems, not building 
roads and bridges, health care centers and hospitals, and schools in 
Iraq, but building them here in the United States of America and 
lowering tuition costs.
  Mr. MEEK of Florida. Exactly what you are talking about, you say we 
are not going to talk about international affairs tonight, but you said 
a couple of words. And I need to say something.
  Mr. RYAN of Ohio. Why do you have to always try to one-up me?
  Mr. MEEK of Florida. I am not trying to one-up you. I am trying to 
provide information to the Members of the House and the American 
people. You know we come in that vein every evening.
  I think it is very important that Members of Congress that have the 
July 17 edition of Time magazine, it says, ``The end of cowboy 
democracy: What North Korea, Iran, Iraq, teaches us about limits on 
going it alone,'' okay? That is what it says, ``going it alone.''
  The real issue here, when you open the page, looks like a very 
worried Commander in Chief. He doesn't look like he is jumping up and 
down about everything that is great in the world. Because the bottom 
line is, we have done a lot on our own. It goes on in further detail to 
talk about how the administration now is trying to reach out to these 
countries.
  But meanwhile, as it relates to this majority rubber-stamp Congress, 
has allowed the President the ability to do anything and everything 
that he wants to do. I am so glad my rubber stamp has made it to the 
floor.
  I want to put it here. Because, as you know, we like to make things 
visible, so that people can understand what is going on here. The 
reason why we are in the situation that we are in now is the fact that 
the Republican Congress has rubber-stamped everything that the 
administration has handed down.
  This is not about the Commander in Chief. He is not going to run for 
election again. But you know what? In this Congress we run every 2 
years for election. It doesn't matter if you are a Republican, a 
Democrat, or an independent, you are an American first. You have to 
have a problem in what is going on.
  How many more indications do we need that the plan that has been set 
forth from the White House, has been handed to the Congress, and a 
Republican rubber-stamp Congress on partisan votes have voted for 
everything that this administration wants.
  The American people want this Congress to play the rule 
constitutionally

[[Page 15161]]

that it is supposed to play and the checks and balances in making sure 
that we have adequate oversight and action. I can tell you no other 
President in the history, I think, of the Republic, has celebrated such 
a rubber-stamp Congress.
  Case in point: You want to talk about money? Let us talk about money 
for a second. Let us talk about commitment. Here is a chart. I pull it 
out almost every night, because I think it is just so revealing. I 
think in this time and this place and this moment, tonight, Eastern 
standard time, a little bit before midnight, 42 Presidents, 224 years. 
You saw the chart earlier.
  I said, foreign nations have bought our debt. Not because of what the 
American people have done, not because they have misspent. It is 
because the Republican majority has rubber-stamped everything.
  Mr. RYAN of Ohio. Republican House, Republican President, Republican 
Senate. Bottom line.
  Mr. MEEK of Florida. Exactly. This is not bottom line that relates to 
the Republican Party, Democrats, this and that. This has nothing to do 
with that. It has everything to do with this Republican majority not 
saying no to the President even once, even if he was on the right 
track.
  Look at the numbers. This was from the U.S. Department of Treasury, 
this was a Secretary confirmed out of the Republican Senate and 
appointed by the President of the United States. These numbers are from 
the Republican Treasury, not the DNC, from the Republican Treasury, the 
United States Treasury, $1.01 trillion borrowed over 24 years from 1976 
to 2000.
  President Bush gets elected. Rubber-stamp Republican Congress. This 
is what happens: $1.05 trillion borrowed in 4 years from foreign 
nations. They have dethroned, I say they, we have to get the Gingrich 
chart out, because I don't want someone saying I am out of line here, I 
am only saying what the Republican past Speaker of the House is now 
saying, because the American spirit will rise above partisan politics 
at any time. That is why I feel that the American people are going to 
relook at their vote when it comes down to sending Members back here to 
the House that is willing to rubber-stamp this administration. I can 
tell you right now, it is sending us down a road that no one knows, 
down a tunnel that no one knows if it is sunlight or train.

                              {time}  2350

  $1.05 trillion borrowed from foreign Nations. The Republican Congress 
helped the President do this in 4 years alone. 224-years, Great 
Depression, World War I, World War II, other conflicts, Korea, you name 
it, Iraq, I can go on and on and on. There are too many names, hard 
times in America, challenges in America. They only borrowed $1.01 
trillion. This President in 4-years and the Republican Congress has 
borrowed more than that.
  Mr. Ryan, I am going to yield to you in just one second.
  This is what Newt Gingrich says. This is the Speaker, Madam Speaker, 
that brought on this Republican revolution; we are going to turn the 
country around with the contract for America. This is what he says in 
Knight Ridder newspapers, Friday, March 31, 2006. They, not my 
colleagues, my Republican colleagues in the House, my good friends in 
the House, they.
  Mr. RYAN of Ohio. My old friends in the House.
  Mr. MEEK of Florida. My old friends in the House. He is saying, 
``they,'' so they means, Madam Speaker, that I guess he no longer 
associates himself and he has not said, oh, I was misquoted. He is 
standing by this. He continues, ``They are seen by the country as being 
in charge of a government that can't function.''
  Now, I am going the tell you something. If I was in my office now or 
I picked up the paper and I read that from a former Speaker of the U.S. 
House of Representatives in my party referring to me as ``they,'' that 
is why it it is important, Madam Speaker, that we come to the floor in 
the 30 Something Working Group, and speak with confidence and the facts 
and with great passion, because we love this country.
  The bottom line is, if we were working in a bipartisan way, we could 
not come to this floor with a straight face saying, well, the 
Republican majority is working with us and we have shared ideas and 
issues that we are in right now and the trouble that we are in right 
now, we are in it because we are in it together. The Republican 
majority cannot say that. Bipartisanship is only allowed when the 
majority does so.
  What have we said as Democrats? We are going to raise the minimum 
wage. We are going to implement all of the 9/11 recommendations, and 
you have a chart that is very revealing here, all of the 9/11 
recommendations. We are going to make sure veterans are treated with 
dignity and respect and they have the health care they deserve.
  We also said that we are going to look at these tax cuts to 
billionaires and make sure the middle class get their fair share. We 
are going to make sure there is dignity in health care and affordable, 
and if kids want to go to college, it is not about college kids, it is 
about those parents who have worked their entire lives to make sure 
their children and grandchildren have a better opportunity than what we 
have had.
  That is a new direction for America, and we have the will and the 
desire, Madam Speaker, to stand up to the President and to those that 
are willing to take us back to the days of deficits as far as the eye 
can see, and we are working to work and pay as you go to balance the 
budget.
  That is the reason why this rubber stamp, I want to retire this 
rubber stamp come this January if the American people see fit to say I 
am not going to vote for the individuals that have got us in this 
situation; I am going to vote for the folks that are going to adhere to 
the U.S. Constitution, stand up to the President of the United States 
and govern on behalf of this country and not just be a rubber stamp. 
This rubber stamp is, as far as I am concerned, we are going to have a 
session out in front of the Capitol, and we are going to drop it in the 
garbage can and burn it because this is not what this country is about.
  Democracy is about discourse and balance and accountability to the 
American people, and it should not be a rubber stamp Congress, and this 
is exactly what it is because that is what the Republican Congress has 
brought about.
  Mr. RYAN of Ohio. If you just look at what we would do once we get 
in, just in the first day or two, pass an increase in the minimum wage; 
reduce college tuition costs, interest on student loans by half for 
both parents and student loans, cut in half to save people about 
$5,000. Just those two things alone will save average American families 
thousands of dollars. Implement 9/11.
  Now, Mr. Gingrich brought up a great point. They are in charge of a 
government, Madam Speaker, that just cannot function. They do not know 
how to run government. They have had the opportunity over the past 5 
years, and they have been incapable and unable to execute and 
administer government.
  They run it down for years and then they expect it to work. They hire 
their buddies who know how to run ponies and administer horse shows, 
but then they cannot execute FEMA, Katrina, Iraq, Medicare, health 
care, gas prices, college education. They do not know how to administer 
government.
  Everyone likes to say that the Democrats do not know how to 
administer an immigration policy. Well here's the statistics. From 1993 
to 2000, the average number of border patrol agents added per year 
under Clinton, 642; under Bush, 411. Who is trying to protect the 
country from illegal immigrants coming into the country? It looks like 
to me that the Clinton administration did a heck of a lot better job 
than the Bush administration and the Republican Congress did.
  INS fines for immigration enforcement, 1999, under President Clinton, 
417 fines for immigration; only three in 2004 under President Bush. 
Seventy-eight percent fewer completed immigration fraud cases under 
President Bush. Under Clinton in 1995, fraud cases completed, 6,455; in 
2003, under President Bush, 1,389.

[[Page 15162]]

  It is not about ideology. It is not about what your rhetoric is. It 
is not about our little cute phrases that you may have and you may have 
worked on in some little interest group or some little building 
somewhere in D.C. and you just say the right things and it may sound 
like you know what you are doing.
  These are facts. Gas prices are facts. College tuition numbers, they 
are facts. Health care costs, those are facts. Prescription drug costs, 
those are facts. Tax rates on small businesspeople, those are facts.
  It is kind of funny because you go back home, you go back to the real 
world, and you get out from where the Potomac fever is, and you go back 
home and people are not saying things are going real good for them. But 
you come down here and our friends, many of them are our good friends, 
on the other side that stand in the well and they will try to convince 
everybody how great the economy is going. But when you go back to Ohio 
or Miami, it is not same.
  We know how to do this and we want, Madam Speaker, an opportunity to 
take back over the House of Representatives that was created by Article 
I, Section 1 of the United States Constitution. We want an opportunity 
to govern, to lower tuition costs, increase the minimum wage, implement 
the 9/11 Commission report, provide for the common good, the common 
defense, and do it with some commonsense and get the country going in a 
new direction.
  On www.housedemocrats.gov/30Something, all of our charts will be 
available. This was the 30 Something 2-minute drill today.
  Mr. MEEK of Florida. Let me say, I almost feel like a preacher of a 
Baptist church. I just wish I had time to preach this sermon. I wish I 
had time. The reason why I am saying that is by the House rules we have 
to end at 12:00.
  I am going to I say this to my good friend Mr. Manatos, we need a 
chart that talks about what Congress has received since 1998 in pay 
increases and what the American people have received in the minimum 
wage. We need a chart that talks about that every year, so Mr. Ryan, 
when you talk about when folks come to the floor, the majority side 
talk about how great the economy is, you doggone they come and say it 
because they have gotten a pay increase every year.
  Let me tell you, a lot of us here in Congress, including myself, are 
financially challenged. We have got to have a house here and a house 
there and kids and all of the things that goes with it. But do not vote 
for an increase for yourself and then turn around to someone that is 
making $5.15 an hour to say that you do not deserve it. Over my dead 
body. That is what the Republican majority is saying.
  So I think it is important. If I had time tonight to carry this point 
further, I would, but with that, Madam Speaker, we want to thank the 
Democratic leader for allowing us to have this time. It was an honor to 
come before the House to address the American people.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Gutierrez (at the request of Ms. Pelosi) for today on account of 
official business in the district.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Pallone) to revise and 
extend their remarks and include extraneous material:)
  Mr. George Miller of California, for 5 minutes, today.
  Mr. Emanuel, for 5 minutes, today.
  Ms. Jackson-Lee of Texas, for 5 minutes, today.
  Mr. Brown of Ohio, for 5 minutes, today.
  Mr. Moran of Virginia, for 5 minutes, today.
  Mr. Pallone, for 5 minutes, today.
  Mr. McDermott, for 5 minutes, today.
  Mr. Meehan, for 5 minutes, today.
  Mr. Allen, for 5 minutes, today.
  (The following Members (at the request of Ms. Hart) to revise and 
extend their remarks and include extraneous material:)
  Mr. Poe, for 5 minutes, today and July 24, 25, and 26.
  Mr. McCotter, for 5 minutes, July 20.
  Mr. Moran of Kansas, for 5 minutes, July 24.
  Mr. Bilirakis, for 5 minutes, today.
  Mr. Shays, for 5 minutes, today, and July 24, 25, and 26.
  Mr. Franks of Arizona, for 5 minutes, today.

                          ____________________




                          EXTENSION OF REMARKS

  By unanimous consent, permission to revise and extend remarks was 
granted to:
  Mr. Scott of Virginia, and to include extraneous material, 
notwithstanding the fact that it exceeds two pages of the Record and is 
estimated by the Public Printer to cost $1,517.

                          ____________________




                          ENROLLED BILL SIGNED

  Mrs. Haas, Clerk of the House, reported and found truly enrolled a 
bill of the House of the following title, which was thereupon signed by 
the Speaker:

       H.R. 5117. An act to exempt persons with disabilities from 
     the prohibition against providing section 8 rental assistance 
     to college students.

                          ____________________




                    BILLS PRESENTED TO THE PRESIDENT

  Karen L. Haas, Clerk of the House reports that on July 19, 2006, she 
presented to the President of the United States, for his approval, the 
following bills.

       H.R. 42. To ensure that the right of an individual to 
     display the flag of the United States on residential property 
     not be abridged.
       H.R. 810. To amend the Public Health Service Act to provide 
     for human embryonic stem cell research.
       H.R. 2872. To require the Secretary of the Treasury to mint 
     coins in commemoration of Louis Braille.

                          ____________________




                              ADJOURNMENT

  Mr. MEEK of Florida. Mr. Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at midnight), the House 
adjourned until today, Thursday, July 20, 2006, at 10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       8668. A letter from the Counsel for Legislation and 
     Regulations, Department of Housing and Urban Development, 
     transmitting the Department's final rule -- Debenture 
     Interest Payment Changes [Docket No. FR- 4945-F-01] (RIN: 
     2502-AI41) received July 12, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       8669. A letter from the Director, Financial Crimes 
     Enforcement Network, Department of the Treasury, transmitting 
     the Department's final rule -- Financial Crimes Enforcement 
     Network; Amendment to the Bank Secrecy Act Regulations -- 
     Imposition of Special Measure Against VEF Banka, as a 
     Financial Institution of Primary Money Laundering Concern 
     (RIN: 1506-AA82) received July 12, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       8670. A letter from the General Counsel, Federal Housing 
     Finance Board, transmitting the Board's final rule -- Data 
     Reporting Requirements for the Federal Home Loan Banks [No. 
     2006-10] (RIN: 3069-AB28) received July 12, 2006, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Financial 
     Services.
       8671. A letter from the General Counsel, National Credit 
     Union Administration, transmitting the Administration's final 
     rule -- Third-Party Servicing of Indirect Vehicle Loans--
     received July 12, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Financial Services.
       8672. A letter from the Assistant Secretary, Division of 
     Market Regulation, Securities and Exchange Commission, 
     transmitting the Commission's final rule -- Joint Final 
     Rules; Application of the Definition of Narrow-Based Security 
     Index to Debt Securities Indexes and Security Futures on Debt 
     Securities [Release No. 34-54106; File No. S7-07-06]

[[Page 15163]]

     (RIN: 3235-AJ54) received July 13, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       8673. A communication from the President of the United 
     States, transmitting notification that the national emergency 
     with respect to Liberia is to continue in effect beyond July 
     22, 2006, pursuant to 50 U.S.C. 1622(d); (H. Doc. No. 109-
     125); to the Committee on International Relations and ordered 
     to be printed.
       8674. A communication from the President of the United 
     States, transmitting a letter notifying Congress, consistant 
     with the War Powers Resolution, that on July 14,2006, due to 
     the uncertain security situation and the possible threat to 
     American citizens and the American Embassy in Lebanon, 
     Department of Defense assistance has been requested to assist 
     in the departure of American citizens in Lebanon; (H. Doc. 
     No. 109-126); to the Committee on International Relations and 
     ordered to be printed.
       8675. A letter from the Rules Administrator, Federal Bureau 
     of Prisons, Department of Justice, transmitting the 
     Department's final rule -- Classification and Program Review 
     [BOP-1131-F] (RIN: 1120-AB32) received July 13, 2006, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the 
     Judiciary.
       8676. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Special Local 
     Regulations for Marine Events; Choptank River, Cambridge, MD 
     [CGD05-06-065] (RIN: 1625-AA08] received July 13, 2006, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       8677. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Special Local 
     Regulations: Suncoast Offshore Grand Prix; Gulf of Mexico, 
     Sarasota, FL [CGD 07-06-107] (RIN: 1625-AA08) received July 
     13, 206, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Transportation and Infrastructure.
       8678. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Special Local 
     Regulation; Annual Greater Jacksonville Kingfish Tournament; 
     Jacksonville, Florida [CGD07-06-108] (RIN: 1625-AA08) 
     received July 13, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.
       8679. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Security Zone; 
     Georgetown Channel, Potomac River, Washington, DC [CGD05-06-
     014] (RIN: 1625-AA87) received June 30, 2006, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8680. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Drawbridge 
     Operation Regulation: Beaufort (Gallants) Channel, NC [CGD05-
     06-047] (RIN: 1625-AA09) received June 30, 2006, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8681. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Drawbridge 
     Operation Regulations; Pinellas Bayway Structure ``E'' (SR 
     679) Bridge, Gulf Intracoastal Waterway, mile 113, St. 
     Petersburg Beach, Pinellas County, FL. [CGD07-06-073] (RIN: 
     1625-AA09) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8682. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Drawbridge 
     Operation Regulations; Welch Causeway (SR 699) Bridge, Gulf 
     Intracoastal Waterway, mile 122.8, Madeira Beach, Pinellas 
     County, FL [CGD07-06-074] (RIN: 1625-AA09) received June 30, 
     2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       8683. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Security Zone; 
     Severn River and College Creek, Annapolis, Maryland [CGD05-
     06-052] (RIN: 1625-AA87) received June 30, 2006, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8684. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; City 
     Fireworks Celebration, Syracuse, NY [CGD09-06-063] (RIN: 
     1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8685. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Village Fireworks, Sodus Point, NY [CGD09-06-052] (RIN: 1625-
     AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8686. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Brewerton Fireworks, Brewerton, NY [CGD09-06-051] (RIN: 1625-
     AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8687. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 2006 
     Fireworks, St. Lawrence River, Clayton, NY [CGD09-06-050] 
     (RIN: 1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8688. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Mentor Power Boat Race, Lake Erie, Mentor, OH [CGD09-06-060] 
     (RIN: 1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8689. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Island Festival Fireworks Display [CGD09-06-049] (RIN: 1625-
     AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8690. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Clearwater Harbor, Florida [COTP St. Petersburg 06-104] (RIN: 
     1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8691. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Fourth of July Fireworks, Heart Island, Alexandria Bay, NY 
     [CGD09-06-053] (RIN: 1625-AA00) received June 30, 2006, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       8692. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Seneca River Days, Baldwinsville, NY [CGD09-06-055] (RIN: 
     1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8693. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Fireworks Safety 
     Zone; Shelter Cove, Hilton Head, SC [COTP Charleston 06-110] 
     (RIN: 1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8694. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Seneca River Days Fireworks, Baldwinsville, NY [CGD09-06-054] 
     (RIN: 1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8695. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Rochester Harbor and Carousel Festival, Rochester, NY [CGD09-
     06-038] (RIN: 1625-AA00) received June 30, 2006, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8696. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Fireworks Safety 
     Zone; Skull Creek, Hilton Head, SC [COTP Charleston 06-112] 
     (RIN: 1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8697. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Cooper River, River Front Park, North Charleston, South 
     Carolina [COTP Charleston 06-113] (RIN: 1625-AA00) received 
     June 30, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Transportation and Infrastructure.
       8698. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; St. 
     Louis River/Duluth/Interlake Tar Remediation Site, Duluth, MN 
     [CGD09-06-031] (RIN: 1625-AA00) received June 30, 2006, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       8699. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Fireworks, Lower Colorado River, Laughlin, NV [COTP San Diego 
     06-025] (RIN: 1625-AA00) received June 30, 2006, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.

[[Page 15164]]


       8700. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; 
     Clearwater Harbor, FL [COTP St. Petersburg 06-082] (RIN: 
     1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8701. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone; Fort 
     Story, Chesapeake Bay, Virginia Beach, VA [CGD05-06-055] 
     (RIN: 1625-AA00) received June 30, 2006, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Transportation and 
     Infrastructure.
       8702. A letter from the Chief, Regulations and 
     Administrative Law, USCG, Department of Homeland Security, 
     transmitting the Department's final rule -- Safety Zone: Lake 
     Michigan, Milwaukee, WI [CGD09-06-035] (RIN: 1625-AA00) 
     received June 30, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 
     the Committee on Transportation and Infrastructure.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. HASTINGS of Washington: Committee on Rules. House 
     Resolution 925. Resolution providing for consideration of the 
     bill (H.R. 5684) to implement the United States-Oman Free 
     Trade Agreement (Rept. 109-579). Referred to the House 
     Calendar.
       Mr. OXLEY: Committee on Financial Services. H.R. 4804. A 
     bill to modernize the manufactured housing loan insurance 
     program under title I of the National Housing Act; with an 
     amendment (Rept. 109-580). Referred to the Committee of the 
     Whole House on the State of the Union.


                        discharge of committees

               [Omitted from the Record of July 17, 2006]

  Pursuant to clause 2 of rule XII the Committee on Energy and Commerce 
discharged from further consideration. H. Con. Res. 145 referred to the 
House Calendar.
  Pursuant to clause 2 of rule XII the Committee on International 
Relations discharged from further consideration. H.R. 5337 referred to 
the Committee of the Whole House on the State of the Union.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions were 
introduced and severally referred, as follows:

           By Mr. BACA:
       H.R. 5831. A bill to authorize the Director of the United 
     States Patent and Trademark Office to extend a reissue patent 
     for up to two years if the application for reissue is not 
     processed within 10 years; to the Committee on the Judiciary.
           By Mr. GUTKNECHT (for himself, Mr. Peterson of 
             Minnesota, Mr. Thompson of Mississippi, Mr. Clay, and 
             Mr. Akin):
       H.R. 5832. A bill to establish the National Institute of 
     Food and Agriculture, to provide funding for the support of 
     fundamental agricultural research of the highest quality, and 
     for other purposes; to the Committee on Agriculture.
           By Mr. GEORGE MILLER of California:
       H.R. 5833. A bill to amend the Elementary and Secondary 
     Education Act of 1965 to improve retention of public 
     elementary and secondary school teachers, and for other 
     purposes; to the Committee on Education and the Workforce.
           By Mr. DINGELL (for himself, Mr. Whitfield, Mr. George 
             Miller of California, Mr. Waxman, Mr. Markey, Mrs. 
             Capps, Mr. Rush, Mr. Towns, Ms. Schakowsky, Mr. Davis 
             of Florida, Ms. Baldwin, Mr. Pallone, Mr. Ross, Mr. 
             Gene Green of Texas, Mr. Engel, Mr. Stupak, Mr. Wynn, 
             Ms. DeGette, Mr. Allen, Ms. Solis, Mr. Gonzalez, Mr. 
             Strickland, Mr. Doyle, Mr. Kildee, Mr. Grijalva, Mr. 
             Davis of Illinois, Mr. Hinojosa, Mr. Payne, Ms. Lee, 
             Mr. Filner, Ms. Zoe Lofgren of California, Ms. 
             Woolsey, and Mr. Cardin):
       H.R. 5834. A bill to amend title XIX of the Social Security 
     Act to improve requirements under the Medicaid Program for 
     items and services furnished in or through an educational 
     program or setting to children, including children with 
     developmental, physical, or mental health needs, and for 
     other purposes; to the Committee on Energy and Commerce.
           By Mr. BUYER (for himself, Mr. Filner, Mr. Bilirakis, 
             Mr. Evans, Mr. Stearns, Mr. Gutierrez, Mr. Burton of 
             Indiana, Ms. Corrine Brown of Florida, Mr. Brown of 
             South Carolina, Mr. Michaud, Mr. Miller of Florida, 
             Ms. Herseth, Mr. Boozman, Mr. Strickland, Mr. Bradley 
             of New Hampshire, Mr. Reyes, Ms. Ginny Brown-Waite of 
             Florida, Ms. Berkley, Mr. Bilbray, Mr. Salazar, Mr. 
             Tom Davis of Virginia, Mr. Waxman, Mr. Walsh, Mr. 
             Edwards, Mr. Dingell, and Ms. Schakowsky):
       H.R. 5835. A bill to amend title 38, United States Code, to 
     improve information management within the Department of 
     Veterans Affairs, and for other purposes; to the Committee on 
     Veterans' Affairs, and in addition to the Committee on 
     Government Reform, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. BROWN of Ohio (for himself and Mrs. Wilson of 
             New Mexico):
       H.R. 5836. A bill to amend the Public Health Service Act 
     with respect to making progress toward the goal of 
     eliminating tuberculosis, and for other purposes; to the 
     Committee on Energy and Commerce.
           By Mr. CASTLE (for himself and Mr. Frank of 
             Massachusetts):
       H.R. 5837. A bill to amend the Workforce Investment Act of 
     1998 to provide for a YouthBuild program; to the Committee on 
     Financial Services, and in addition to the Committee on 
     Education and the Workforce, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. TOM DAVIS of Virginia (for himself, Ms. Pryce of 
             Ohio, Mr. Buyer, Mr. Bradley of New Hampshire, and 
             Ms. Corrine Brown of Florida):
       H.R. 5838. A bill to amend title 44, United States Code, to 
     strengthen requirements related to security breaches of data 
     involving the disclosure of sensitive personal information; 
     to the Committee on Government Reform.
           By Mr. HEFLEY:
       H.R. 5839. A bill to amend the Federal Election Campaign 
     Act of 1971 to prohibit the establishment of leadership 
     political action committees, and for other purposes; to the 
     Committee on House Administration.
           By Ms. JACKSON-LEE of Texas (for herself, Mr. Udall of 
             Colorado, Mr. Strickland, and Mr. Udall of New 
             Mexico):
       H.R. 5840. A bill to amend the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 to 
     clarify the roles and responsibilities of the agencies and 
     actors responsible for the administration of such 
     compensation program, and for other purposes; to the 
     Committee on the Judiciary, and in addition to the Committee 
     on Education and the Workforce, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. PEARCE:
       H.R. 5841. A bill to prohibit the Secretary of Homeland 
     Security from paroling into the United States an alien who 
     falls ill while seeking admission at a port of entry or seeks 
     emergency medical assistance by approaching an agent or 
     official of the Department of Homeland Security at or near a 
     border; to the Committee on the Judiciary.
           By Mr. PEARCE (for himself, Mr. Udall of New Mexico, 
             and Mrs. Wilson of New Mexico):
       H.R. 5842. A bill to compromise and settle all claims in 
     the case of Pueblo of Isleta v. United States, to restore, 
     improve, and develop the valuable on-reservation land and 
     natural resources of the Pueblo, and for other purposes; to 
     the Committee on Resources.
           By Mr. RYAN of Ohio (for himself and Mr. Strickland):
       H.R. 5843. A bill to amend the COBRA continuation Act 
     provisions to extend COBRA continuation coverage from 18 
     months to 36 months, to provide a tax credit for the cost of 
     such coverage, and to reduce the income tax rate reduction 
     for families with incomes of more than a million dollars; to 
     the Committee on Ways and Means, and in addition to the 
     Committees on Education and the Workforce, Energy and 
     Commerce, and Government Reform, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. STRICKLAND:
       H.R. 5844. A bill to prohibit the importation for sale of 
     foreign-made flags of the United States of America; to the 
     Committee on Ways and Means.
           By Mr. LaTOURETTE (for himself, Mr. Kucinich, Mr. Brown 
             of Ohio, Mrs. Jones of Ohio, Mr. Boehlert, and Mr. 
             Latham):
       H. Con. Res. 449. Concurrent resolution commemorating the 
     60th anniversary of the historic 1946 season of Major League 
     Baseball Hall of Fame member Bob Feller and his return from 
     military service to the United States; to the Committee on 
     Government Reform.
           By Mr. KUCINICH (for himself, Mr. Rangel, Mr. 
             Abercrombie, Ms. Slaughter, Ms. Kaptur, Mr. Conyers, 
             Mr. Cleaver, Ms. Lee, Ms.

[[Page 15165]]

             Woolsey, Mr. Grijalva, Mr. Filner, Mr. Stark, Mr. 
             McDermott, Mr. Hinchey, Mr. Honda, Mr. Davis of 
             Illinois, Ms. Waters, Mr. Moran of Virginia, Mr. 
             Rush, Ms. Baldwin, Ms. Kilpatrick of Michigan, Ms. 
             McCollum of Minnesota, Ms. Solis, and Mr. Meeks of 
             New York):
       H. Con. Res. 450. Concurrent resolution calling upon the 
     President to appeal to all sides in the current crisis in the 
     Middle East for an immediate cessation of violence and to 
     commit United States diplomats to multi-party negotiations 
     with no preconditions; to the Committee on International 
     Relations.
           By Mr. NEAL of Massachusetts (for himself, Mr. 
             Boehlert, and Mr. Cleaver):
       H. Con. Res. 451. Concurrent resolution honoring John 
     Jordan ``Buck'' O'Neil and urging his induction into the 
     National Baseball Hall of Fame; to the Committee on 
     Government Reform.
           By Mr. ISSA:
       H. Res. 926. A resolution condemning the kidnapping of 
     Israeli soldiers by Hamas and Hezbollah, affirming the right 
     of Israel to conduct operations to secure the kidnapped 
     soldiers, urging all parties to protect innocent life and 
     civilian infrastructure, and for other purposes; to the 
     Committee on International Relations.
           By Mr. INGLIS of South Carolina (for himself, Mr. Brown 
             of South Carolina, Mr. Wilson of South Carolina, and 
             Mr. Barrett of South Carolina):
       H. Res. 927. A resolution commending William W. Wilkins, 
     Chief Judge of the United States Court of Appeals for the 
     Fourth Circuit, for his commitment and dedication to public 
     service, the judicial system, and the rule of law, as he 
     enters his 25th year of service as a member of the Federal 
     judiciary; to the Committee on the Judiciary.
           By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. 
             Wilson of South Carolina, Mr. Weldon of Pennsylvania, 
             and Mr. Hall):
       H. Res. 928. A resolution expressing the sense of the House 
     of Representatives that a National Historically Black 
     Colleges and Universities Week should be established; to the 
     Committee on Education and the Workforce.
           By Mrs. MUSGRAVE:
       H. Res. 929. A resolution to congratulate Fort Collins, 
     Colorado, on being named the best place to live in the United 
     States for 2006; to the Committee on Government Reform.

                          ____________________




                               MEMORIALS

  Under clause 3 of rule XII, memorials were presented and referred as 
follows:

       383. The SPEAKER presented a memorial of the Legislature of 
     the State of Idaho, relative to House Joint Memorial No. 12 
     urging American farmers, ranchers, and food producers be 
     enabled to compete freely and trade fairly in foreign 
     markets; to the Committee on Agriculture.
       384. Also, a memorial of the Legislature of the State of 
     Arizona, relative to House Concurrent Resolution No. 2001 
     urging the Congress of the United States to enact a 2007 Farm 
     Bill that is supportive of the specialty crop industry; to 
     the Committee on Agriculture.
       385. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 109 
     memorializing the Congress of the United States to take such 
     actions as are encessary to adopt the Senate Appropriations 
     Committee amendment for fishing industry recovery under the 
     Magnuson-Stevens Fishery Conservation and Management Act to 
     H.R. 4939 making emergency supplemental appropriations for 
     the fiscal year ending September 30, 2006; to the Committee 
     on Appropriations.
       386. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Memorial No. 13 urging the 
     Congress of the United States to support legislation that 
     will enhance specified aspects of the ``No Child Left Behind 
     Act''; to the Committee on Education and the Workforce.
       387. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Memorial No. 22 supporting the 
     participation of Taiwan in a meaningful and appropriate way 
     in the World Health Organization; to the Committee on 
     International Relations.
       388. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Memorial No. 26 recognizing 
     the Basque ETA organization; the governments of the Basque 
     Autonomous Region; Spain, and all parties of Spain and France 
     for their actions to promote and achieve lasting peace in the 
     Basque Homeland; to the Committee on International Relations.
       389. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Memorial No. 16 supporting the 
     efforts of Senator Mike Crapo to reform and improve the 
     Endangered Species Act through the enactment of the 
     Collaboration for the Recovery of Endangered Species Act 
     (CRESA), promoting species conservation and preservation 
     within the State of Idaho and the United States; to the 
     Committee on Resources.
       390. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Resolution No. 25 encouraging 
     the Congress of the United States to make the nation's Outer 
     Continental Shelf available for energy development in an 
     environmentally responsible manner; to the Committee on 
     Resources.
       391. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 235 
     memorializing the Congress of the United States, specifically 
     Louisiana Senators Mary Landrieu and David Vitter, to take 
     such actions as are necessary to support and vote for the 
     Marriage Protection Amendment presently pending in the United 
     States Senate; to the Committee on the Judiciary.
       392. Also, a memorial of the Senate of the State of 
     Michigan, relative to Senate Resolution No. 101 memorializing 
     the Congress of the United States to provide funding to help 
     states and local communities clean up and address the 
     disastrous effects of clandestine methamphetamine labs; to 
     the Committee on the Judiciary.
       393. Also, a memorial of the Legislature of the State of 
     Arizona, relative to House Concurrent Resolution No. 2011 
     urging the Congress of the United States to permanently 
     repeal the Death Tax, to dissolve United State membership in 
     the United Nations and to remove specific areas relating to 
     faith from the jurisdiction of the United States Supreme 
     Court; to the Committee on the Judiciary.
       394. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to Senate Concurrent Resolution No. 23 
     memorializing the Congress of the United States to take such 
     actions as are necessary to pass the proposed consitutional 
     amendment banning the desecration of the United States flag; 
     to the Committee on the Judiciary.
       395. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 107 
     memorializing the Congress of the United States to take such 
     actions as are necessary to facilitate the construction of a 
     storm surge barrier at Port Fourchon; to the Committee on 
     Transportation and Infrastructure.
       396. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 108 
     memorializing the Congress of the United States to take such 
     actions as are necessary to ensure that any United States 
     Army Corps of Engineer project restoring barrier islands 
     protecting Terrebonne and Timbalier Bays redefine and narrow 
     Whiskey Pass, Little Pass, Wine Island Pass, and Cat Island 
     Pass using hardened material; to the Committee on 
     Transportation and Infrastructure.
       397. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 130 
     memorializing the Congress of the United States to take such 
     actions as are necessary to expedite the Federal Emergency 
     Management Agency's (FEMA) reimbursement process and to make 
     the reimbursement of accrued interest on loans part of its 
     public assistance grants; to the Committee on Transportation 
     and Infrastructure.
       398. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 182 
     memorializing the Congress of the United States to take such 
     actions as are necessary to provide hurricane tidal flood 
     protection to south Louisiana, including requiring the United 
     States Army Corps of Engineers to evaluate both federal and 
     nonfederal tidal levees in south Louisiana, to consider 
     adding nonfederal tidal levees into the federal program, and 
     to fully fund upgrading hurricane tidal flood protection in 
     south Louisiana; to the Committee on Transportation and 
     Infrastructure.
       399. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 90 
     urging and requesting the Social Security Administration to 
     accept a notarized document to suffice as independent 
     verification for evidence of age; to the Committee on Ways 
     and Means.
       400. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 212 
     memorializing the Congress of the United States to take such 
     actions as are necessary to support and establish a free 
     trade agreement between the United States and Taiwan; to the 
     Committee on Ways and Means.
       401. Also, a memorial of the Legislature of the State of 
     Louisiana, relative to House Concurrent Resolution No. 116 
     memorializing the Congress of the United States to take such 
     actions as are necessary to formulate a sound energy policy 
     that will provide for the long-term economic and national 
     security need of the United States of America; jointly to the 
     Committees on Energy and Commerce and Ways and Means.
       402. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Memorial No. 11 urging the 
     United States Forest Service enter a decision granting a 
     special use permit allowing Idaho Department of Fish and Game 
     to land helicopters in the wilderness for the purpose of 
     monitoring gray wolves; jointly to the Committees on 
     Resources and Agriculture.
       403. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Resolution No. 14 demanding 
     that the Federal Lands Recreation Act be repealed and

[[Page 15166]]

     that no recreational fees authorized under the Federal Lands 
     Recreation Enhancement Act be imposed to use federal public 
     land in the state; jointly to the Committees on Resources and 
     Agriculture.
       404. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Resolution No. 20 declaring 
     that should the Federal Lands Recreation Enhancement Act be 
     repealed, the authority for permitting outfitters and guides 
     be replaced immediately to allow for operations to continue 
     uninterrupted and special use fee currently assessed by 
     reauthorized under a new authority; jointly to the Committees 
     on Resources and Agriculture.
       405. Also, a memorial of the Legislature of the State of 
     Idaho, relative to House Joint Memorial No. 21 urging the 
     Congress of the United States to support federal legislation 
     transferring management of National Forest System lands 
     within Idaho to the state of Idaho to be managed for the 
     benefit of rural counties and schools; jointly to the 
     Committees on Resources and Agriculture.

                          ____________________




                     PRIVATE BILLS AND RESOLUTIONS

  Under clause 3 of rule XII, private bills and resolutions of the 
following titles were introduced and severally referred, as follows:

           By Mr. BRADY of Pennsylvania:
       H.R. 5845. A bill for the relief of Zhen Xing Jiang; to the 
     Committee on the Judiciary.
           By Mr. BRADY of Pennsylvania:
       H.R. 5846. A bill for the relief of Tian Xiao Zhang; to the 
     Committee on the Judiciary.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 115: Mr. Larson of Connecticut and Mr. Kind.
       H.R. 615: Mr. Payne.
       H.R. 772: Mr. Schwarz of Michigan and Ms. DeLauro.
       H.R. 790: Mr. Davis of Illinois.
       H.R. 916: Mr. Calvert and Ms. Eddie Bernice Johnson of 
     Texas.
       H.R. 1128: Mr. Culberson.
       H.R. 1227: Mrs. Drake and Mr. Lipinski.
       H.R. 1384: Mr. Pombo and Mr. Brown of South Carolina.
       H.R. 1413: Mr. Jackson of Illinois and Mr. Baird.
       H.R. 1471: Mr. McCotter, Mr. Case, and Mr. Alexander.
       H.R. 1578: Mrs. Drake, Mr. Bonner, Mr. Kennedy of 
     Minnesota, and Mrs. Christensen.
       H.R. 1582: Mr. Inslee.
       H.R. 1632: Mr. Goodlatte.
       H.R. 1634: Mr. Goode and Ms. Eddie Bernice Johnson of 
     Texas.
       H.R. 1671: Mr. Stupak.
       H.R. 1688: Ms. Linda T. Sanchez of California.
       H.R. 1704: Mr. Capuano.
       H.R. 1709: Mr. Boswell.
       H.R. 1940: Mr. Meehan, Mr. Gene Green of Texas, Mr. Markey, 
     Mr. Gonzalez, Ms. Wasserman Schultz, and Mr. Burgess.
       H.R. 1951: Mr. Hobson, Mr. McHugh, Mr. Reichert, and Mr. 
     Wilson of South Carolina.
       H.R. 2323: Mr. Stark.
       H.R. 2328: Mr. Melancon.
       H.R. 2356: Mr. Stearns, Mr. Jefferson, and Mr. Melancon.
       H.R. 2498: Mr. Ross.
       H.R. 2794: Mr. Brown of Ohio.
       H.R. 2808: Mr. Mario Diaz-Balart of Florida, Mr. Price of 
     North Carolina, Mr. Davis of Kentucky, Mr. Osborne, Mr. 
     Kolbe, Mr. Keller, Mr. Reichert, Mr. Berry, Ms. Pelosi, Mr. 
     McIntyre, Mr. Smith of Washington, Mr. Duncan, Mr. Sherwood, 
     Mr. Case, Mr. Bachus, Ms. Berkley, and Mr. Cramer.
       H.R. 2861: Mr. Ferguson.
       H.R. 2928: Mr. Delahunt.
       H.R. 2943: Mr. Carnahan.
       H.R. 3380: Mr. Rothman.
       H.R. 3436: Mr. Jones of North Carolina.
       H.R. 3476: Mr. Inglis of South Carolina.
       H.R. 3511: Mr. Shays.
       H.R. 3547: Mr. Ruppersberger and Mr. Kildee.
       H.R. 3628: Mr. Boucher.
       H.R. 3854: Mrs. McCarthy and Mrs. Davis of California.
       H.R. 3900: Mr. Smith of Texas.
       H.R. 3902: Mr. Carnahan.
       H.R. 3957: Mr. Lucas.
       H.R. 4022: Mr. Snyder.
       H.R. 4042: Mr. Larsen of Washington.
       H.R. 4236: Mr. Latham.
       H.R. 4264: Mr. Spratt.
       H.R. 4341: Mrs. Drake.
       H.R. 4357: Ms. Harris and Mr. McCotter.
       H.R. 4381: Mr. McCrery.
       H.R. 4384: Mr. Andrews.
       H.R. 4479: Mr. Filner.
       H.R. 4480: Ms. Granger.
       H.R. 4537: Mr. Spratt.
       H.R. 4547: Mr. Latham, Mr. Sam Johnson of Texas, Mr. 
     Neugebauer, and Mr. Culberson.
       H.R. 4562: Mr. Foley, Mr. Bilirakis, Mr. Carter, Mr. 
     Crenshaw, and Mr. Ramstad.
       H.R. 4597: Ms. McCollum of Minnesota.
       H.R. 4800: Mr. Grijalva.
       H.R. 4830: Mr. Smith of Texas.
       H.R. 4838: Mr. Stearns.
       H.R. 4857: Mr. Jones of North Carolina.
       H.R. 4922: Mr. Jones of North Carolina, Mr. Fortuno, and 
     Mr. Tierney.
       H.R. 5005: Mr. Pombo, Mr. Culberson, Mr. Brown of South 
     Carolina, and Mr. Renzi.
       H.R. 5011: Ms. Jackson-Lee of Texas, Mr. Lantos, Mr. 
     Gonzalez, and Mr. Rothman.
       H.R. 5013: Mr. Fortenberry and Mr. Rohrabacher.
       H.R. 5023: Mr. Boucher.
       H.R. 5099: Mr. Carnahan.
       H.R. 5128: Mr. Costa.
       H.R. 5134: Ms. Schwartz of Pennsylvania.
       H.R. 5139: Mr. Van Hollen.
       H.R. 5166: Mr. Goodlatte and Mr. Hinojosa.
       H.R. 5185: Mr. Grijalva and Ms. Solis.
       H.R. 5246: Mr. Rothman, Mr. Reichert, and Mr. Shadegg.
       H.R. 5249: Mr. McCaul of Texas and Mr. Lewis of Kentucky.
       H.R. 5280: Mr. Engel, Mr. Inslee, and Mr. LaHood.
       H.R. 5309: Mr. Neal of Massachusetts and Mr. English of 
     Pennsylvania.
       H.R. 5321: Mr. English of Pennsylvania.
       H.R. 5371: Mr. Holt.
       H.R. 5390: Mr. Stark, Mr. Oberstar, Mr. Higgins, and Mr. 
     Rothman.
       H.R. 5405: Mr. McCotter.
       H.R. 5424: Mr. Chocola and Mr. LaHood.
       H.R. 5452: Mr. Walsh.
       H.R. 5491: Mr. Kennedy of Minnesota.
       H.R. 5513: Mr. Ross and Mr. McCaul of Texas.
       H.R. 5524: Mr. Case and Mr. Higgins.
       H.R. 5555: Mr. Ross, Mr. Waxman, Mr. Engel, Mrs. Capps, and 
     Mr. Allen.
       H.R. 5608: Mr. Pastor and Ms. Bordallo.
       H.R. 5635: Mr. Mollohan.
       H.R. 5650: Mr. Ross.
       H.R. 5656: Mr. Weldon of Pennsylvania.
       H.R. 5671: Mr. McIntyre.
       H.R. 5674: Ms. Zoe Lofgren of California.
       H.R. 5682: Mr. Kolbe, Ms. Granger, and Mr. Marchant.
       H.R. 5706: Mr. Sensenbrenner.
       H.R. 5731: Mr. Gene Green of Texas, Mr. Capuano, Mr. 
     Pallone, Mr. Meehan, and Mr. Nadler.
       H.R. 5733: Ms. Ginny Brown-Waite of Florida, Mr. Conyers, 
     Mr. Lantos, Mr. Kennedy of Minnesota, Mr. McNulty, Mr. 
     Pickering, Mr. Weldon of Pennsylvania, and Mr. Fortuno.
       H.R. 5744: Mr. Cantor.
       H.R. 5750: Mr. McNulty, Mr. Jefferson, and Mr. Farr.
       H.R. 5755: Mr. Bass and Mr. Rangel.
       H.R. 5758: Mr. Fortuno.
       H.R. 5766: Mr. Barrett of South Carolina, Mr. McHenry, Mr. 
     Rohrabacher, Mr. Feeney, Mr. Fortenberry, Mrs. Myrick, Mr. 
     King of Iowa, Mr. Cole of Oklahoma, Mr. Price of Georgia, Mr. 
     Terry, Ms. Granger, Mrs. Cubin, Mr. Fortuno, and Mr. Hastings 
     of Washington.
       H.R. 5771: Mr. Emanuel, Ms. Berkley, Mr. Van Hollen, Mr. 
     Abercrombie, Mr. Langevin, Mrs. Capps, Mr. Spratt, Mr. 
     McGovern, Ms. DeLauro, Mr. Honda, Mr. Engel, Mr. Schiff, Mr. 
     Costa, Mr. Moore of Kansas, Mr. Cooper, and Mr. Grijalva.
       H.R. 5772: Mr. Marchant and Mr. Saxton.
       H.R. 5784: Ms. Waters and Ms. Woolsey.
       H.R. 5785: Mr. Pickering.
       H.R. 5791: Mr. Bishop of Georgia, Mr. Strickland, Mr. Ross, 
     and Mr. Leach.
       H.R. 5797: Mr. Crowley, Mr. Nunes, and Mr. McCaul of Texas.
       H.R. 5815: Mr. Fortuno.
       H.R. 5822: Mr. McKeon, Mr. Ehlers, Mr. Shays, and Mr. 
     Franks of Arizona.
       H.J. Res. 58: Mr. Hastings of Washington.
       H.J. Res. 90: Mr. Carnahan.
       H. Con. Res. 347: Ms. Berkley.
       H. Con. Res. 384: Mr. Castle.
       H. Con. Res. 434: Mr. Butterfield, Mr. Pallone, Mr. Fattah, 
     and Mr. Berman.
       H. Res. 97: Ms. Hart.
       H. Res. 295: Mr. Manzullo.
       H. Res. 305: Mr. Allen.
       H. Res. 373: Mr. Farr, Ms. McKinney, and Ms. Schakowsky.
       H. Res. 490: Mr. Gutierrez.
       H. Res. 852: Mr. Miller of Florida.
       H. Res. 863: Mr. Akin and Mr. Wicker.
       H. Res. 911: Mr. Waxman and Mr. McCaul of Texas.
       H. Res. 912: Mr. McCotter, Mr. Petri, and Mr. Terry.
       H. Res. 915: Mr. Pitts, Mr. Nadler, Mr. Gary G. Miller of 
     California, Mr. Spratt, Mr. Price of North Carolina, and Mr. 
     Emanuel.

                          ____________________




        DELETIONS OF SPONSORS FROM PUBLIC BILLS AND RESOLUTIONS

  Under clause 7 of rule XII, sponsors were deleted from public bills 
and resolutions as follows:

       H.R. 3044: Mr. Conyers.
       
       
       


[[Page 15167]]

                          EXTENSIONS OF REMARKS
                          ____________________


    RECOGNIZING NOLAN K. STARK FOR ACHIEVING THE RANK OF EAGLE SCOUT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Nolan K. Stark, 
a very special young man who has exemplified the finest qualities of 
citizenship and leadership by taking an active part in the Boy Scouts 
of America, Troop 41, and in earning the most prestigious award of 
Eagle Scout.
  Nolan has been very active with his troop, participating in many 
Scout activities. Over the many years Nolan has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Mr. Speaker, I proudly ask you to join me in commending Nolan K. 
Stark for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




HONORING THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 
                                (NAACP)

                                 ______
                                 

                             HON. AL GREEN

                                of texas

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. AL GREEN of Texas. Mr. Speaker, I would like to honor the 
National Association for the Advancement of Colored People--NAACP--for 
its 97 years of faithful service as champions of social justice on 
behalf of African-Americans and for fighting for almost a century so 
that all Americans could realize and experience the American dream. The 
NAACP has always been comprised of dedicated people who would not stand 
still while the rights of Americans of color were denied and they have 
built a legacy on ensuring that every single American was able to carry 
out their lives under the full protection of the law.
  From the ballot box to the classroom, the dedicated workers, 
organizers, and leaders who make up this tremendous organization and 
maintain its status as an immense civil rights organization have been 
continuously fighting on the frontlines for social and economic 
justice.
  Since the foundation of this great organization was laid down more 
than a century ago alongside the banks of the Niagara Falls, this 
movement has fought long and hard to ensure that the voices of African-
American women and men would be heard. The legacy of pioneers such as 
W.E.B. DuBois, Thurgood Marshall, Rosa Parks, Mary Mcleod Bethune, Mary 
White Ovington, Joel Elias Spingarn and Roy Wilkins, along with the 
hundreds of thousands of nameless faces who worked tirelessly can not 
and must not be forgotten.
  The history of the NAACP is one of sacrifice and suffering. From bold 
investigations of terrorist lynching, protests of mass murders, 
segregation and discrimination, to testimony before congressional 
committees on the vicious tactics used to bar African-Americans from 
the ballot box, it was the talent, determination, and tenacity of NAACP 
members that saved lives and changed many negative aspects of American 
society.
  Mr. Speaker, Medgar Evers was a World War II veteran and a field 
secretary for the NAACP. This proud member of the NAACP was one of the 
many martyrs of the civil rights movement and his assassination at the 
hands of a white supremacist from Mississippi in 1963 helped prompt 
President John Kennedy to ask Congress for a comprehensive civil-rights 
bill, which President Lyndon Johnson signed into law the following 
year. Because of the continuous sacrifice of NAACP leaders and members 
like Medgar Evers, America is a better place than it was 40 years ago 
and because of the continuous effort of the NAACP America will provide 
a better tomorrow for all of our citizens.
  Mr. Speaker, it is my privilege to honor the National Association for 
the Advancement of Colored People--NAACP--for its 97 years of faithful 
service on behalf of African-Americans as champions of social justice 
and for its leadership in the continuous struggle for civil and human 
rights for all.

                          ____________________




 RECOGNIZING JEFFREY AARON WULFF FOR ACHIEVING THE RANK OF EAGLE SCOUT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Jeffrey Aaron 
Wulff, a very special young man who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Boy Scouts of America, Troop 395, and in earning the most prestigious 
award of Eagle Scout.
  Jeffery has been very active with his troop, participating in many 
Scout activities. Over the many years Jeffery has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Mr. Speaker, I proudly ask you to join me in commending Jeffery Aaron 
Wulff for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




                       HONORING BENJAMIN L. HOOKS

                                 ______
                                 

                             HON. AL GREEN

                                of texas

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. AL GREEN of Texas. Mr. Speaker, I would like to honor the life, 
legacy, and leadership of Benjamin L. Hooks. For 15 years Benjamin L. 
Hooks presided over America's largest and most influential organization 
for African-Americans, the National Association for the Advancement of 
Colored People, NAACP. Under his leadership, the influence of this 
organization was greatly enhanced, adding several hundred thousand new 
members to its ranks. Beginning in 1977, when he became executive 
director of the NAACP, he began issuing formal opinions on topics as 
diverse as the lack of Black executives in Hollywood, the role of the 
Black middle class on the improvement of life in the low-income areas, 
and the 1991 nomination and confirmation of Judge Clarence Thomas to 
the U.S. Supreme Court.
  Benjamin L. Hooks was born in Memphis, TN in 1925, the fifth of seven 
children of Robert B. and Bessie Hooks. Although his family was 
comfortable by so-called Black standards, Hooks would recall wearing 
hand-me-down clothes and watching his mother stretch the groceries so 
everyone had enough to eat. Hooks's parents were both hard-working 
Americans, and his grandmother was the second Black woman in the United 
States to graduate from college--Berea College in Kentucky.
  During the Second World War, Benjamin L. Hooks found himself in the 
humiliating position of guarding Italian prisoners of war who were 
allowed to eat in restaurants that were off limits to him because he 
was not White. The experience helped to deepen his resolve to fight 
against all forms of discrimination in the United States. After his 
wartime service--he was promoted to the rank of staff sergeant--he 
would later head north to Chicago to study law at DePaul University. 
Even after putting his life on the line for his country, no law school 
in his native Tennessee would admit him simply because he was not 
White.
  Hooks earned his J.D. degree in 1948 and promptly returned to 
Memphis, vowing to help break down segregation. He passed the Tennessee 
Bar examination and opened up his own law practice, confronting 
prejudice at every turn. By the late 1960s Hooks worked as a judge, a 
businessman, a lawyer, and a minister. Twice a month he flew to Detroit 
and preached at the Greater New Mount Moriah Baptist Church. Always 
dedicated to the civil rights struggle, he constantly made himself 
available to the NAACP as needed for civil rights protests and marches.
  On November 6, 1976, the 64-member board of directors of the NAACP 
elected Hooks executive director of the prominent civil

[[Page 15168]]

rights organization. Dr. Hooks and his wife handled the NAACP's 
business and helped to plan for its future for more than 15 years. He 
told the New York Times that a ``sense of duty and responsibility'' to 
the NAACP compelled him to stay in office through the 1990s. In 
February of 1992, at the age of 67, he announced his resignation from 
the post after many years of faithful and dedicated service. The 
service of this great leader will never go unforgotten.
  Mr. Speaker, it is my privilege to honor the life, legacy, and 
leadership of Benjamin L. Hooks.

                          ____________________




  HONORING JEANNE SANITATE ON HER ACHIEVEMENTS AT THE VETERANS ANNUAL 
                            WHEELCHAIR GAMES

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. ANDREWS. Mr. Speaker, I rise today to honor Jeanne Sanitate, a 
disabled Air Force veteran from Medford, New Jersey on her three gold 
medals and one bronze medal in the 26th Annual Veterans Wheelchair 
Games in Alaska.
  The 26th Annual Wheelchair Games took place July 3-8, 2006 and is the 
largest annual wheelchair sports event in the world. This event is 
committed to improving the quality of life for veterans with 
disabilities and fostering better health through sports competition. 
Jeanne Sanitate joined more than 500 people, both novices and 
experienced athletes, for a week of competition in more than 15 events. 
Jeanne Sanitate won her gold medals in bowling, Air-Gun Para, and table 
tennis. She also collected a bronze in softball. This was her first 
time competing in the games, and she competed as a Class IV in the 
novice division.
  Mr. Speaker, I celebrate the accomplishments of Jeanne Sanitate at 
the 26th Annual Veterans Wheelchair Games. I applaud her past service 
to this country as a veteran and her remarkable athletic abilities and 
personal achievements.

                          ____________________




RECOGNIZING SEAN ALEXANDER BURNS-SPRUNG FOR ACHIEVING THE RANK OF EAGLE 
                                 SCOUT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Sean Alexander 
Burns-Sprung a very special young man who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Boy Scouts of America, Troop 395, and in earning the most prestigious 
award of Eagle Scout.
  Sean has been very active with his troop, participating in many scout 
activities. Over the many years Sean has been involved with scouting, 
he has not only earned numerous merit badges, but also the respect of 
his family, peers, and community.
  Mr. Speaker, I proudly ask you to join me in commending Sean 
Alexander Burns-Sprung for his accomplishments with the Boy Scouts of 
America and for his efforts put forth in achieving the highest 
distinction of Eagle Scout.

                          ____________________




                   CARIBBEAN-AMERICAN HERITAGE MONTH

                                 ______
                                 

                            HON. BARBARA LEE

                             of california

                    in the house of representatives

                        Wednesday, July 19, 2006

  Ms. LEE. Mr. Speaker, I rise today to pay tribute to the Caribbean 
American community in honor of the first-ever National Caribbean 
American Heritage Month.
  On June 27, 2005, the House unanimously adopted H. Con. Res. 71, my 
resolution to declare June National Caribbean American Heritage Month. 
On February 14, 2006, the Senate followed suit, thanks to the work of 
Senator Schumer of New York and Arielle Goren on his staff.
  And let me begin by recognizing the many people who helped realize 
this 2-year bipartisan, bicameral effort, because this was quite a 
feat. First, I want to recognize our colleague, a great leader on so 
many issues and especially on health care, Congresswoman Donna 
Christensen from the Caribbean, who has been tremendous in terms of 
bringing us together to address the issues of health disparities 
throughout our country and throughout the world.
  Also, I would like to thank the Institute of Caribbean Studies, 
especially Dr. Claire Nelson and her team, for joining us in this 
effort from the very beginning.
  And we must recognize our friends from the Caribbean diplomatic 
corps, who worked so hard to spread the word about this effort both at 
home in the Caribbean and in their embassies and consulates across the 
country.
  There are many Members of Congress who supported this effort. In 
addition to early support from my colleagues in the Congressional Black 
Caucus and Friends of the Caribbean Task Force, the former chair of the 
Western Hemisphere Subcommittee, Representative Cass Ballenger, was the 
first Republican to endorse this bill, and his successor, Chairman Dan 
Burton, was one of the first to help urge the President to issue an 
official proclamation.
  This was truly a bipartisan effort, with, of course, our chairman Mr. 
Hyde of the International Relations Committee and our ranking member 
Mr. Lantos, who lent their very strong support.
  And, of course, we never would have done any of this without our 
staff. First, let me commend and thank my staff person Jamila Thompson 
for her leadership and for her commitment to not only this issue and 
this bill, but for so many of the efforts that she mounts. She has 
roots in the Bahamas, and she understands the importance of recognizing 
Caribbean Americans and their proper role and proper recognition in our 
country.
  Also, we had many other House staff members--Ted Brennan, Jack 
Scharfen, Paul Oostburg, Dan Getz, Mark Walker, and Michael Layman--who 
worked in a bipartisan way to make this a reality and really to realize 
this dream for many, many people.
  The Government Reform Committee, Chairman Tom Davis, and our Ranking 
Member Henry Waxman applauded the passage of this resolution last year 
and were instrumental in its passage.
  And, of course, in the final weeks before the proclamation was issued 
by the White House, a coalition was formed that was very instrumental 
in urging the White House to officially declare June National 
Caribbean-American Heritage Month. This coalition included Senator Mel 
Martinez from Florida, Ambassador Tom Shannon, State Department's 
Assistant Secretary for the Western Hemisphere, and Brian Nichols of 
his staff.
  And the Caribbean American community was very active around this 
effort. It could not have been done without them. From Glenn Joseph and 
John Felix in Florida; to Jean Alexander, Horace Morancie, and Anthony 
Carter in New York; to Shorron Levy in California and so many others 
across the country, this became, quite frankly, an international grass-
roots effort.
  So I am pleased that on June 5, the President responded by officially 
declaring June National Caribbean American Heritage Month.
  We have some phenomenal spokespersons Sheryl Lee Ralph and basketball 
legend Rick Fox, who are traveling throughout the country. Sheryl Lee 
Ralph is a woman of Caribbean descent from Jamaica actually, and is a 
great actress as well. Her voice on HIV and AIDS, as well as promoting 
and spreading the word about Caribbean American Heritage Month, will be 
very valuable in terms of making sure that our entire country knows 
about the phenomenal contributions of Caribbean Americans.
  On a very personal level, my relationship with persons of Caribbean 
descent began with the late great former member of this body, the first 
African American woman elected to Congress, Congresswoman Shirley 
Chisholm. I worked as a volunteer in her historic 1972 Presidential 
campaign. As a woman of Barbadian and Guyanese descent, Congresswoman 
Chisholm never forgot her roots and connections to the Caribbean. Her 
work, whether it was fighting for equal access to education in the 
United States Congress or Haitian refugees in detention camps, her 
commitment always stemmed from her faith and her strong Caribbean 
values.
  When the United States-Caribbean relations began to deteriorate over 
the war in Iraq, the coups in Haiti, and the Cuban embargo, I knew that 
we needed to go back and really recognize our deep and strong relations 
with the Caribbean. So we need to send a message of goodwill to the 
Caribbean American community.
  Soon I will be introducing the Shirley Chisholm Caribbean Educational 
Exchange Act of 2006 to provide existing and expanded educational 
exchanges between our country and the Caribbean.
  This legislation has two components:
  First it supports and expands existing primary and secondary training 
programs currently operating in the Caribbean.
  And second it establishes the Shirley Chisholm Educational Exchange 
program structure

[[Page 15169]]

for U.S. and Caribbean high school, undergraduate and graduate 
students, and professional scholars.
  I would like to close by reminding those here in Congress and others 
watching at home that during Caribbean-American Heritage Month, each of 
us should look to the past and to the future in recognizing the strong 
role of the Caribbean and the Caribbean-American community in United 
States history.
  Thank you. Mr. Speaker. This process was really an exercise in 
democracy, and I ask unanimous consent to insert into the Congressional 
Record a list of organizations from across the country that supported 
this effort:
  The Secretary of State Condoleezza Rice and CARICOM Foreign Ministers 
included the following statement in their joint press release issued at 
the conclusion of the US-CARICOM Ministerial Meeting held in The 
Bahamas in March 2006:
  ``The Ministers and the Secretary of State welcomed the recent 
resolution of the U.S. Congress to commemorate Caribbean American 
Heritage Month in June. The resolution is a recognition of the deep and 
lasting human ties that bind the United States and the Caribbean.''
  This bi-partisan effort to create a National Caribbean-American 
Heritage Month is supported by Ambassador Albert Ramdin, Assistant 
Secretary General of the Organization of American States, the Caucus of 
CARICOM Ambassadors in Washington, DC, and the following organizations:
  The Institute for Caribbean Studies, DC; Caribbean-Central American 
Action, DC; Caribbean American Chamber of Commerce of Florida, Inc.; 
The West Indian American Day Carnival Association, NY; Caribbean-
American Cultural Association, Inc. of North America (CACANA), FL; 
Caribbean-American Center of New York; Conference of Heads of Caribbean 
Organizations of Central Florida; TnT International, Inc.; The 
Caribbean American Chamber of Commerce and Industry--Greater Washington 
Area Network; South Florida Caribbean Diaspora Task Force; Trinidad & 
Tobago Working Women's Committee, DC; Caribbean Association of World 
Bank Group and IMP Staff, DC; Caribbean American Chamber of Commerce 
and Industry, Inc. (CACCI), NY; Global Exchange, CA; Caribbean Peoples 
International Collective, NY (CPIC); The St. Lucia Nationals 
Association; Andrea M. Ewart, P.C.; Dominica Academy of Arts & 
Sciences, DC; Metro Atlanta Caribbean Cultural Arts Centre, Inc. 
(MACCA); The Washington Office on Latin America (WOLA); The Caribbean 
Voice, NY; Northern California Caribbean American Heritage Month 
Committee; Central Florida's Caribbean Sun Newspaper; The Guyanese 
Society of St. Louis; The Caribbean Club in Mount Vernon, NY; Caribbean 
Professional Networking Series, DC; Caribbean World Arts & Culture, 
Inc.; St. Kitts and Nevis Association of Metropolitan Washington; The 
West Indian Social Club of Hartford. Inc.; The Inter-American Economic 
Council; Sunrise Symphony Steelpan Corporation; Barbados Assoc. of 
Central Florida; Jamaican American Association of Central Florida; 
Grenadian-American Educational and Cultural Organization of Central 
Florida, Inc.; Caribbean and Floridian Association, Inc. (CAFA); 
Guyanese American Cultural Association of Central Florida; Orlando 
Carnival Association, Inc.; Alliance of Guyanese Expatriates of Central 
Florida; Caribbean Students' Association at the University of Central 
Florida; Jamaican/American Partners in Education, GA; Central Florida 
Cricket League; Caribbean Bar Association (Central Florida Chapter); 
Antigua and Barbuda Association of Central Florida; Association of 
Asian Cultural Festivals, Inc.; Caribbean Community Connection of 
Orlando, Inc.; Trinidad & Tobago Association of Central Florida; 
Suriname American Network; Haitian American Support Group of Central 
Florida, Inc.; Caribbean-Guyana Institute for Democracy; The Indo-
Caribbean Council, NY; The Haitian American Historical Society, FL; 
Caribbean American Intercultural Organization; Sistas-With Style, CA; 
Dominican American National Roundtable, DC; West Indian Social Club of 
Hartford, Inc.; Caribbean American Society of Hartford; The Ballentine 
Group; Jamaica Progressive League; St. Lucian American Society of 
Hartford; Mico Alumni Association Inc.; Guyanese American Cultural 
Association; Connecticut Haitian American Organization, Inc.; Barbados 
American Society of Hartford; Sportsmen Athletic Club & Cricket Hall of 
Fame; Cultural Dance Troupe of the West Indies; Trinidad and Tobago 
Steel Symphony; Jamaica Ex-Policeman Association of Connecticut; West 
Indian American Newspaper; Center for Urban & Caribbean Research; 
CAYASCO, Inc.; Martin Luther King Jr. Soccer League; Morancie Family 
Reunion, Inc., NY; Tropical Paradise Restaurant and Juice Bar, NY; 
Jamaica Nationals Association, DC; Medgar Evers College, NY; Carriacou 
Charitable Health Services, Inc., NY; The Caribbean World News Network, 
NY; The Shirley Chisholm Cultural Institute for Children, Inc., DC; 
Caribbean Research Center, NY; Montserrat Progressive Society of NY, 
Inc.; The Georgia Caribbean-American Heritage Month Planning Committee, 
GA; Ainsley Gill & Associates LLC, DC; SOCA Warriors United, NY; The 
Black Diaspora, NY; Sunrise Symphony Steelpan Orchestra, Inc., NY; 
Gloria's In & Out Restaurant, NY; Virgin Islands Association, DC; CCB 
International, Inc., NJ; TATUCA, NY; Callaloo Magazine, NY; Department 
of African American Studies, Ohio University; Hannah's Place 
International, NY; Guyana Folk Festival, DC; Caribbean Sunshine Awards, 
NJ; Trinidad and Tobago Business Association, Inc., NY; RAJHUMARI 
Center for Indo-Caribbean Arts & Culture, NY; Mauby Media Services, NY; 
Merrymakers Cultural Association, NY; Caribbean People's Association, 
NJ; Trin-American Social & Cultural Association, DC; Trinidadian and 
Tobagonians Inc., NY; Gasparillo Group, NY; Trinidad and Tobago 
Association of Washington, MA; Caribbean Journal, NY; St. Anthony's 
Spiritual Baptist Church, PA; Friends of the Caribbean, Inc., DC; The 
International Consortium of Caribbean Professionals (ICCP); 
Tropicalfete.com, NY; St. Louis-Georgetown Sisters Cities Committee, 
MO; Virgin Islands Association of the District of Columbia (VIA); 
Patterson Dental Clinic, NJ; Barbados American Society of Hartford, 
Inc.; TransAfrica Forum, DC; Caribbean-African-American Hotline, Ads, 
News, Gospel & Global Events (411XCHANGE), NY; Belizean Information & 
Services International, NY; St. Vincent and the Grenadines Nationals 
Association of Washington, DC; eCaroh Caribbean Emporium, MA; Caribbean 
American Weekly (CAW), NY; Council of St. Vincent and the Grenadines 
Organizations U.S.A., Inc., NY; St. Vincent Benevolent Association; 
Bequia United Progressive Organization, Inc.; Chateaubelair Development 
Organization; Club St. Vincent, Inc.; Canouan United Social 
Organization, Inc.; Friends of the St. Vincent Grammar School; Girls 
High School Alumnae; Hairoun Sports Club; St. Vincent and the 
Grenadines Humanitarian Organization; Mas Productions Unlimited; 
Striders Social and Cultural Organization; St. Vincent and the 
Grenadines Ex-Police Association; St. Vincent and the Grenadines Ex-
Teachers Association; St. Vincent and the Grenadines Nurses 
Association; United Vincie Cultural Group of Brooklyn; Concerned 
Americans for Racial Equality, NY; Benevolent Missions of Atlanta, Inc. 
(BMA); Barbados Association of Greater Houston; Bahamian Junkanoo 
Association of Metropolitan DC.; The National Coalition on Caribbean 
Affairs (NCOCA), MD.


       H. CON. RES. 71 COSPONSORS (81) DURING THE 109TH CONGRESS

  Representatives Becerra, Berkley, Berman, S. Bishop, C. Brown, S. 
Brown, Bordallo, Burton, Butterfield, Capuano, Carson, Christensen, 
W.L. Clay, Clyburn, Conyers, Crowley, Cummings, D. Davis, J. Davis, 
Delahunt, Engel, Faleomavaega, Farr, Fattah, Feeney, Ford, Fortuno, B. 
Frank, A. Green, Grijalva, Gutierrez, A. Hastings, Honda, Jackson-Lee, 
Jefferson, E.B. Johnson, Tubbs Jones, Kaptur, Kilpatrick, Kucinich, 
Kuhl, Lantos, Lewis, Lofgren, Maloney, McCarthy, McDermott, McGovern, 
McKinney, McCollum, Meek, Meeks, Menendez, Millender-McDonald, G. 
Moore, Nadler, Napolitano, Norton, Owens, Pallone, Payne, Rangel, Rush, 
T. Ryan, Serrano, D. Scott, Schakowsky, Shimkus, Slaughter, Solis, B. 
Thompson, Towns, Van Hollen, Velazquez, Waters, Watt, Weiner, Wexler, 
Woolsey, Wynn


         H. RES. 570 CO-SPONSORS DURING THE 108TH CONGRESS (65)

  Representatives Payne, Ney, Christensen, Ballenger, Owens, Rangel, 
Serrano, Hastings (FL), Tubbs Jones, McDermott, Meek (FL), Clyburn, 
Capuano, Watt, Lewis, A. Davis, B. Scott, S. Bishop, B. Thompson, 
Norton, Eddie Bernice Johnson, Waters, Cummings, Kilpatrick, Rush, 
Lofgren, Towns, Grijalva, D. Scott, Majette, Weiner, Meeks (NY), 
Acevedo-Vila, Conyers, Kucinich, Wynn, Jackson-Lee, Sweeney, Berman, 
Delahunt, Woolsey, Feeney, Shimkus, Van Hollen, Engel, Deutsch, Watson, 
Ballance, Menendez, Berkley, Jefferson, Ruppersberger, Lantos,  Israel, 
 Gonzalez, Lacy Clay, Wexler, Ros-Lehtinen, Ford, Jackson, Millender-
McDonald, C. Brown, D. Moore.

Caribbean-American Heritage Month, 2006--By the President of the United 
                   States of America--A Proclamation

       During Caribbean-American Heritage Month, we celebrate the 
     great contributions of Caribbean Americans to the fabric of 
     our Nation, and we pay tribute to the common culture and 
     bonds of friendship that unite

[[Page 15170]]

     the United States and the Caribbean countries.
       Our Nation has thrived as a country of immigrants, and we 
     are more vibrant and hopeful because of the talent, faith, 
     and values of Caribbean Americans. For centuries, Caribbean 
     Americans have enriched our society and added to the strength 
     of America. They have been leaders in government, sports, 
     entertainment, the arts, and many other fields.
       During the month of June, we also honor the friendship 
     between the United States and the Caribbean countries. We are 
     united by our common values and shared history, and I join 
     all Americans in celebrating the rich Caribbean heritage and 
     the many ways in which Caribbean Americans have helped shape 
     this Nation.
       Now, Therefore, I, George W. Bush, President of the United 
     States of America, by virtue of the authority vested in me by 
     the Constitution and laws of the United States, do hereby 
     proclaim June 2006 as Caribbean-American Heritage Month. I 
     encourage all Americans to learn more about the history of 
     Caribbean Americans and their contributions to our Nation.
       In Witness Whereof, I have hereunto set my hand this fifth 
     day of June, in the year of our Lord two thousand six, and of 
     the Independence of the United States of America the two 
     hundred and thirtieth.
     George W. Bush.

                          ____________________




                       TRIBUTE TO CHARLIE LOUVIN

                                 ______
                                 

                            HON. JIM COOPER

                              of tennessee

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. COOPER. Mr. Speaker, I rise today to salute one of the great 
voices in American music and a resident of my hometown of Nashville: 
Charlie Louvin.
  Charlie just celebrated his 79th birthday at a day-long celebration 
held at the Louvin Brothers Museum in Nashville last weekend. Folks 
from around the country came to wish Charlie well and to thank him for 
his many great musical accomplishments on stage as a performer, and to 
recognize his extraordinary songwriting achievements.
  Charlie Louvin's career has spanned more than six decades and earned 
him a following that cuts across all music genres and generations.
  Charlie Louvin was born Charlie Loudermilk in Alabama in 1927. Along 
with his older brother Ira, he grew up listening to the Grand Ole Opry 
on the radio at night and dreamed of a career on the stage of Opry.
  Changing their name to Louvin, the brothers made their first musical 
performance on July 4th, 1940, playing background music for the merry-
go-round at a country fair. From that time on, the Louvins became known 
for a distinctive style of harmony singing that blended gospel 
harmonies with country influences. They performed regularly across the 
South, particularly in Alabama and Tennessee, building a following that 
would earn them attention--and a recording contract--in Nashville.
  From the mid-1950s through the early 1960s, the Louvin Brothers had 
over twenty entries on Billboard's country chart, including ``Cash on 
the Barrelhead'' and ``You're Running Wild.'' The Louvins would achieve 
their childhood dream, invited to join the Grand Ole Opy in 1955. Ira 
Louvin would die in a tragic automobile accident in 1965 but Charlie 
would continue on his own to record, perform and win the hearts of 
music lovers everywhere.
  In the late 1960s and early 1970s, groups like The Byrds and country 
rocker Gram Parsons introduced rock fans to the Louvins' talents, 
recording some of their classic songs. In 2002, Charlie was inducted 
into the Country Music Hall of Fame and, the following year, artists as 
diverse as James Taylor, Patty Loveless, Merle Haggard and Dolly Parton 
joined together to pay tribute to the Louvins. The result was a special 
CD: ``Livin', Lovin', Losin': Songs of the Louvin Brothers'' that 
became a must-have recording for country and rock fans alike. Even 
today, Charlie is apt to be found on stage performing alongside the 
likes of Cake, the popular rock band he recently toured with, or on 
stage at the Opry.
  As one of Nashville's most highly respected musicians and writers, I 
congratulate Charlie Louvin on his 79th birthday--and for creating 
music that is just as relevant today as it was 50 years ago.

                          ____________________




  RECOGNIZING JACOB LEE BUEHLER FOR ACHIEVING THE RANK OF EAGLE SCOUT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Jacob Lee 
Buehler, a very special young man who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Boy Scouts of America, Troop 395, and in earning the most prestigious 
award of Eagle Scout.
  Jacob has been very active with his troop, participating in many 
scout activities. Over the many years Jacob has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Mr. Speaker, I proudly ask you to join me in commending Jacob Lee 
Buehler for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________




                    TRIBUTE TO MR. JOSE R. CORONADO

                                 ______
                                 

                           HON. HENRY CUELLAR

                                of texas

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. CUELLAR. Mr. Speaker, I rise today to honor Mr. Jose R. Coronado, 
Director of the South Texas Veterans Health Care System, on his coming 
retirement on July 21st, 2006, from his years of Federal service and 
outreach to the veterans of South Texas.
  Jose R. Coronado was born and raised in Benavides, Texas. He attended 
the Texas College of Arts and Industries at Texas A&M University-
Kingsville, and graduated in 1957 with a Bachelor of Science in 
Zoology/Chemistry. This was followed by a Masters of Science Degree in 
Education/Administration from Texas A&M University-Kingsville. He began 
his long, illustrious Federal career when he was selected by the 
Veterans Administration through a national competition to attend the 
U.S. Army-Baylor University Graduate Program in Healthcare 
Administration where he earned his second Masters Degree in 1973. Mr. 
Coronado is also an Army veteran from the 11th Armored Cavalry Regiment 
where he served as a Battalion Operations Sergeant from 1953 to 1955.
  His experience in the Army led him to his first position with the VA 
as an Administrative Officer in the Research Department of the Veterans 
Administration Medical Center in the City of Houston, Texas. This was 
the start of a long, illustrious career with the Veterans 
Administration, where he is now the Director of the South Texas 
Veterans Health Care System in the City of San Antonio. He was 
responsible for a healthcare delivery system which has an annual budget 
of $404.4 million; three divisions, namely that of the Audie L. Murphy 
Division, the Kerrville Division, and the Satellite Clinic Division. 
The South Texas Veterans Health Care System is also affiliated with the 
University of Texas Health Science Center in San Antonio, which enables 
it to have an ambulatory care program with outpatient clinics in Corpus 
Christi, Laredo, McAllen, San Antonio, and Victoria.
  In addition to his lifelong involvement in the medical community, Mr. 
Coronado was honored as a member of the Senior Executive Service of the 
United States with three Presidential Rank Awards by Presidents Ronald 
Reagan, George H. Bush, and Bill Clinton. In addition to these 
prestigious awards, Mr. Coronado has received the Regent's Award in 
2002 from the American College of Health Care Executives, the 1995 Ray 
E. Brown Award by the Association of Military Surgeons in the United 
States, and other numerous awards.
  Mr. Speaker, I am honored to have had this time to recognize the 
wonderful dedication of Jose R. Coronado to the City of San Antonio and 
to the medical community of South Texas, and I thank you for this time.

                          ____________________




 RECOGNIZING ANTHONY CHARLES CHANDLER FOR ACHIEVING THE RANK OF EAGLE 
                                 SCOUT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Anthony Charles 
Chandler, a very special young man who has exemplified the finest 
qualities of citizenship and leadership by taking an active part in the 
Boy Scouts of America, Troop 270, and in earning the most prestigious 
award of Eagle Scout.
  Anthony has been very active with his troop, participating in many 
scout activities. Over the many years Anthony has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.

[[Page 15171]]

  Mr. Speaker, I proudly ask you to join me in commending Anthony 
Charles Chandler for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




                           THANK YOU, CYPRUS

                                 ______
                                 

                         HON. JAMES P. McGOVERN

                            of massachusetts

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. McGOVERN. Mr. Speaker, every year I have taken the time to 
remember the Black Anniversary of the Turkish Invasion of Cyprus. 
Thirty-two years ago, in 1974, Turkish forces invaded northern Cyprus 
and seized control of more than one-third of the island. In 1983, these 
illegal occupiers arbitrarily declared the territory to be an 
independent state. This so-called ``Turkish Republic of Northern 
Cyprus'' remains to this day shunned by the international community, 
recognized as legitimate only by Turkey.
  This year, an ``invasion'' of another sort is taking place during 
this anniversary. The Republic of Cyprus has opened its skies, its 
communities, and its facilities to thousands of European and American 
evacuees fleeing the fighting in Lebanon. By boat, by ferry, by 
airplane these French, Italian, British, American and other evacuees 
arrive safely on Cypriot soil. There they find peace for the first time 
in many days as they make arrangements to return to their own homelands 
and family members, anxiously awaiting their safe return.
  The Cyprus government has organized reception and hospitality for all 
foreign nationals arriving at the Larnaca Port from Lebanon. The Cyprus 
government is opening up hotels, and providing temporary housing in 
schools, exhibition spaces and prefabricated housing for evacuees while 
they arrange the next stage of their journey home. I am inserting a 
July 19 ANA-MPA wire story on the hospitality of the Cyprus Republic 
for all the evacuees landing on their shores.
  As I see the many photos and broadcast images of evacuees from 
Lebanon arriving safely in Cyprus, my heart is too full to speak this 
year about the dark events of three decades past. I only wish to say 
``thank you'' to President Papadopoulos and to the people of Cyprus, 
thank you for the sanctuary you are providing and serving as a critical 
transit point for these shell-shocked individuals and families.
  The island of Cyprus remains divided because of the brutality and 
intransigence of just one country, Turkey. But this anniversary the 
world has witnessed the compassionate heart of the only true nation of 
Cyprus as it has embraced these evacuees and helped each of them find 
their way home.

                      More Flee Lebanon via Cyprus

       Nicosia.--Organising the reception and hospitality of 
     foreign nationals arriving in Larnaca from Lebanon is a 
     coordinating committee set up by the Cyprus government, which 
     oversees the activities of the various government services 
     and other bodies involved.
       There is heightened activity and traffic at Larnaca port as 
     hundreds of Europeans and Americans arrive on boats from 
     Beirut.
       Arrivals on Wednesday included the Norwegian ship ``Hual 
     Transporter'' with more than 1,100 people on board, mostly of 
     American or Scandinavian origin.
       The U.S. Ambassador to Cyprus Ronald Schlicher said that 
     several thousand U.S. citizens were expected to arrive on 
     Cyprus, who would stay in hotels or--if there were not enough 
     beds--in schools and an exhibition space equipped with tents 
     and prefab housing provided by the Cyprus government.
       Thanking Nicosia, Schlicher said that the Cyprus Republic 
     had offered significant assistance and that this could be a 
     good opportunity to deepen U.S.-Cyprus cooperation.
       Later on Wednesday, the Panamanian-flagged ship ``Oriental 
     Queen'' is expected to arrive at the port in Limassol 
     carrying another 800-900 Americans, to be followed by the 
     cruise ship ``Serenate'' that will left off passengers that 
     were on a scheduled cruise to Port Said in Egypt and then 
     depart immediately without passengers.
       The Greek ferry boat ``Ierapetra'', chartered by the French 
     government, set sail for Beirut at dawn on Wednesday to pick 
     up another 2,000-odd people, followed by the Greek Navy tank-
     landing craft ``Alcyone'' soon after it arrived from Greece.
       According to an announcement by the Greek armed forces 
     general staff, meanwhile, the tank-landing craft ``Ikaria'' 
     was expected to arrive in Beirut at 14:30 on Wednesday 
     afternoon.
       The foreigners arriving in Cyprus are mostly leaving from 
     Larnaca airport, or staying at hotels until arrangements for 
     their departure can be made.
       Meanwhile, during the U.S. State Department briefing on the 
     Lebanon evacuation efforts, Assistant Secretary for Consular 
     Affairs Maura Harty expressed gratitude for help offered by 
     the Cyprus Republic.
       ``We're so grateful to them . . . Cypriots have met every 
     helicopter and ship with sandwiches and water and juice. 
     They're just being fantastic. Department of Defense is 
     meeting planes as well for security reasons and for 
     protection purposes,'' she said.
       She also noted that the U.S. was trying to minimise the 
     time spent by its citizens on the island and would try to 
     coordinate the arrival of ships with chartered planes to take 
     them home, as far as possible.
       ``We just want that throughput to be as efficient as it can 
     be. So there is bottled water. There is a fair grounds that 
     we have rented. There are some air-conditioned facilities. 
     The Cypriot Civil Defense Force has been very helpful to us 
     in what they have provided,'' she added.

                          ____________________




               IN RECOGNITION OF MASTER ARTIST WAN KO YEE

                                 ______
                                 

                       HON. STEPHANIE TUBBS JONES

                                of ohio

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mrs. JONES of Ohio. Mr. Speaker, I rise today in recognition of 
Master Artist Wan Ko Yee, an exceptional artist whose work has been 
exhibited throughout the world. His work encompasses the genres of 
painting, calligraphy, literature, and sculpture. Philosophically, his 
paintings reflect Buddhist themes and the ideas of tolerance and peace 
between nations. In esthetic terms, his paintings are infused with 
balance and an appreciation of the natural world.
  It is my hope that cultural diplomacy will begin to have enhanced 
value in coming years as a means of building understanding between 
nations. Toward this end, it is important to create awareness of the 
history and culture of Asian communities in this country and throughout 
the world.
  In 2003, Master Artist Wan Ko Yee exhibited selected works at the 
House of Representatives in an exhibit that was well attended and 
appreciated. He has been recognized by the Royal Academy of Arts of the 
United Kingdom, and the Organization of American States. I commend 
Master Artist Wan Ko Yee on his artistic contributions.

                          ____________________




                      RECOGNIZING DANIELLE McCURDY

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Danielle 
McCurdy of Blue Springs, Missouri. Danielle recently won the Comcast 
Leaders and Achievers Scholarship sponsored by Comcast and the Comcast 
Foundation. She will formally receive the award on July 26, 2006.
  Danielle completed a lengthy nomination and selection process, and 
was chosen from a field of numerous qualified candidates. Comcast 
recognized Danielle's leadership skills, dedication to community 
service, positive attitude, and academic achievement.
  Comcast and the Comcast Foundation have committed a significant 
portion of their resources toward motivating young people. In Danielle, 
Comcast found a high school student who will surely be a force for 
positive change in the community.
  Mr. Speaker, I proudly ask you to join me in recognizing Danielle 
McCurdy of Blue Springs, Missouri. Danielle's commitment to excellence 
is remarkable, and I am honored to represent her in the United States 
Congress.

                          ____________________




         HONORING THE LIFE AND SERVICE OF JOHN EDWARD PECHMANN

                                 ______
                                 

                           HON. MIKE McINTYRE

                           of north carolina

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. McINTYRE. Mr. Speaker, I rise today to pay special tribute to an 
outstanding leader in Southeastern North Carolina, Mr. John Edward 
Pechmann. Mr. Pechmann unexpectedly passed away on July 15, 2006. John 
leaves behind a wife, Amy, and son, Jack, but his legacy and 
contributions will live on in the hearts and minds of many for 
generations to come.
  In lamenting the loss of this great man, The Fayetteville (NC) 
Observer eloquently described John as ``a Renaissance man--a talented 
lawyer, a fine fisherman, a skilled manager, an expert antiques 
collector, and a devoted father and husband.'' As head of the North 
Carolina Wildlife Resources Commission, John dedicated his life to 
ensuring that

[[Page 15172]]

our outdoors were enjoyed, protected, and sustained. Indeed, in 2001, 
John received the Governor's Award as North Carolina's Conservationist 
of the Year. As a lawyer, John displayed the integrity and honor that 
reflects the best of our judicial system. As a leader in the community 
of his beloved home and state, Fayetteville, North Carolina, John never 
saw a challenge too great and never met a stranger he did not want to 
help. As a father and husband, John always put family first and loved 
the time he spent with his son fishing. Next month, there will be a 
fishing education center dedicated in his honor at Lake Rim in his home 
county of Cumberland. Although, John will not be there in person to 
rightfully receive the honor and praise he so deserves for his 
commitment to fish, wildlife, and the environment, the center will be a 
lasting memory that all can enjoy and strive to emulate.
  Samuel Logan Bringle, the legendary leader in the Salvation Army, 
once said some very important words that are reflective of the 
character and life of John. He said, ``The final estimate of a man will 
show that history cares not one iota about the title he has carried or 
the rank he has borne, but only about the quality of his deeds and the 
character of his heart.'' Indeed, John Pechmann has reflected this 
through his sacrifice and commitment.
  Mr. Speaker, dedicated service to others combined with dynamic 
leadership has been the embodiment of John's life. May we all use his 
wisdom, selflessness, and integrity as a source of inspiration and 
encouragement during our walk on this earth. Indeed, may God bless to 
all of our memories the tremendous life and legacy of John Edward 
Pechmann.

                          ____________________




         MICROSOFT'S ``OPEN PLATFORM PRINCIPLES'' ANNOUNCEMENT

                                 ______
                                 

                            HON. JAY INSLEE

                             of washington

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. INSLEE. Mr. Speaker, I commend Microsoft's announcement today 
that it will adopt a set of ``Open Platform Principles'' that will 
govern the development of Windows desktop operating systems.
  Four years ago, the Justice Department rejected calls to force 
Microsoft to remove code out of Windows and to reorganize its business. 
Instead, the department adopted a consent decree setting out basic 
rules to preserve competitive opportunities for other companies, while 
ensuring that Microsoft could continue to improve its products. As a 
result, the U.S. software industry is thriving with competition and 
innovation.
  The ``Open Platform Principles'' that Microsoft announced today give 
me tremendous confidence that innovation and competition will continue. 
The principles broaden the Department's consent decree and makes them a 
standard part of how Microsoft does business. They give every company, 
large and small, confidence that they will be treated fairly and can 
compete equally.
  In 2004, the European Commission ordered Microsoft to delete code out 
of Windows. To the commission's shock, absolutely no one bought this 
substandard version of Windows. The commission now appears intent on 
actively managing how Microsoft designs Vista, its new platform. 
Microsoft's new guiding principles ensure that Windows will continue to 
be a great platform for innovation and competition. The fact that 
Microsoft adopted these principles voluntarily shows that it recognizes 
the important responsibilities that come with being an industry leader. 
I congratulate Microsoft for taking this important and forward-looking 
step.

                          ____________________




                         RECOGNIZING SOPHIA LEE

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Sophia Lee of 
Blue Springs, Missouri. Sophia recently won the Comcast Leaders and 
Achievers Scholarship sponsored by Comcast and the Comcast Foundation. 
She will formally receive the award on July 26, 2006.
  Sophia completed a lengthy nomination and selection process, and was 
chosen from a field of numerous qualified candidates. Comcast 
recognized Sophia's leadership skills, dedication to community service, 
positive attitude, and academic achievement.
  Comcast and the Comcast Foundation have committed a significant 
portion of their resources toward motivating young people. In Sophia, 
Comcast found a high school student who will surely be a force for 
positive change in the community.
  Mr. Speaker, I proudly ask you to join me in recognizing Sophia Lee 
of Blue Springs, Missouri. Sophia's commitment to excellence is 
remarkable, and I am honored to represent her in the United States 
Congress.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                            HON. BARBARA LEE

                             of california

                    in the house of representatives

                        Wednesday, July 19, 2006

  Ms. LEE. Mr. Speaker, on Monday, July 17, 2006, I missed rollcall 
votes Nos. 375, 376, and 377. Had I been present, I would have voted 
``aye'' on H.R. 3085, ``nay'' on H.R. 3496, and ``aye'' on H.R. 3279.

                          ____________________




                      TRIBUTE TO JONATHON SOLOMON

                                 ______
                                 

                           HON. RAUL GRIJALVA

                               of arizona

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRIJALVA. Mr. Speaker, I rise today to remember and honor a great 
American who has recently passed away.
  Last week, Jonathon Solomon, a leader and elder of the Gwich'in 
Nation, passed away in Alaska. A lifelong advocate on behalf of his 
people, Jonathon was an inspiration to many and was instrumental in the 
fight to protect the birthplace of the Porcupine Caribou Herd in the 
Arctic National Wildlife Refuge. As a Traditional Chief of Fort Yukon, 
Jonathon was raised in the traditional subsistence lifestyle, depending 
on the Porcupine Caribou herd as his ancestors before him had for a 
millennium. To the Gwich'in, there is no more sacred place than the 
calving grounds of the caribou herd upon which their way of life 
depends. Jonathon was one of the leading Gwich'in voices on a myriad of 
issues. He halted the construction of a dam in the 1960's that would 
have flooded several Gwich'in villages, and was one of the first native 
leaders to work on the Alaska Native Claims Settlement Act. However, it 
was protecting the sacred calving grounds of the Porcupine Caribou Herd 
that was the most significant issue in Jonathon's life.
  His work to protect the Arctic Refuge began in 1978, when the House 
was debating the Alaska National Interest Lands Conservation Act. In 
1988 when the House was considering oil drilling in the calving grounds 
in the Arctic Refuge, Jonathon helped organize the first Gwich'in 
Gathering. At the gathering, the Gwich'in Steering was created, and the 
first resolution of the Gwich'in Nation, calling for permanent 
protection of the caribou calving and nursery grounds as 
congressionally designated wilderness, was passed. In 2002, he and two 
other Gwich'in leaders were honored with the prestigious Goldman 
Environmental Prize for their work to protect the calving grounds in 
the Arctic Refuge.
  I had the great honor of meeting Jonathon during one of his many 
trips to Washington, DC, to talk with Members about the threat of oil 
drilling to the way of life of the Gwich'in people. Jonathon was ever 
an optimistic advocate, dedicated to his people, and sure in his cause. 
His funeral will be today in Fort Yukon, Alaska, and it is my privilege 
to honor him this morning.

                          ____________________




    RECOGNIZING TYSON R. STARK FOR ACHIEVING THE RANK OF EAGLE SCOUT

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GRAVES. Mr. Speaker, I proudly pause to recognize Tyson R. Stark 
a very special young man who has exemplified the finest qualities of 
citizenship and leadership by taking an active part in the Boy Scouts 
of America, Troop 41, and in earning the most prestigious award of 
Eagle Scout.
  Tyson has been very active with his troop, participating in many 
Scout activities. Over the many years Tyson has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Mr. Speaker, I proudly ask you to join me in commending Tyson R. 
Stark for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

[[Page 15173]]



                          ____________________




                          HONORING SHARON DALY

                                 ______
                                 

                           HON. NITA M. LOWEY

                              of new york

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mrs. LOWEY. Mr. Speaker, I rise today to recognize the 
accomplishments of Sharon Daly and to congratulate her on being named a 
Human Needs Hero by the Coalition on Human Needs.
  Sharon Daly has had a long, distinguished career serving the most 
vulnerable people in our society with a level of compassion and 
commitment that is unrivaled.
  After hearing from numerous women escaping family violence that 
ineligibility for food stamps was a major hardship, Sharon played a 
vital role in convincing Congress that change was necessary, In 1980, 
federal law was changed so that women residing in battered women's 
shelters and families with high child care expenses could receive food 
stamps.
  In addition, Sharon fought to secure benefits for people with 
disabilities and mental illness and played a critical role in garnering 
momentum for enactment of the Family and Medical Leave Act as well as 
an expansion of the Earned Income Tax Credit and family preservation/
child welfare services.
  In her almost 30 years of work in Washington, DC, Sharon has worked 
at the Children's Foundation, the U.S. Conference of Catholic Bishops, 
the Children's Defense Fund, and Catholic Charities USA. Additionally, 
she provided expert leadership on the Board of the Coalition on Human 
Needs, including serving as Chairwoman from 1994 to 2000. Her career 
has been marked by remarkable dedication to providing help to those in 
need.
  Mr. Speaker, I am proud to recognize my good friend Sharon Daly for 
an unparalleled career fighting for those who may be unable to fight 
for themselves, and I urge my colleagues to join me in honoring her 
tremendous accomplishments.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. JERROLD NADLER

                              of new york

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. NADLER. Mr. Speaker, my train was delayed, and as a result, I 
missed three votes on July 17, 2006. I ask that the Record reflect that 
had I been able to, I would have voted ``aye'' on rollcall vote No. 
375, regarding the Trail of Tears National Historic Trail; ``aye'' on 
rollcall vote No. 376, regarding Federal contributions to the 
Washington Metropolitan Area Transit Authority; and ``aye'' on rollcall 
vote No. 377, the Federal Judiciary Emergency Tolling Act.

                          ____________________




                        TRIBUTE TO PHIL MOELLER

                                 ______
                                 

                          HON. CATHY McMORRIS

                             of washington

                    in the house of representatives

                        Wednesday, July 19, 2006

  Miss McMORRIS. Mr. Speaker, I rise today to recognize Phil Moeller 
for being appointed and confirmed as Commissioner for the Federal 
Energy Regulatory Commission. He was confirmed by the Senate last 
Friday and will serve in this position through 2010.
  I have known Phil for over a decade and believe he has a unique 
background that will enable him to address the challenges and 
opportunities of our 21st century energy system. He is a native of 
Spokane, owns a farm in eastern Washington, and fully understands 
Northwest energy issues. Phil's work at the state and federal level, as 
well as in the private sector, has proven effective in his approach to 
solve problems but also strive to develop consensus on the most 
challenging issues.
  Phil maintains the highest ethical and personal standards of 
achievement and conduct. His work ethic, combined with his in-depth 
knowledge of energy markets, hydroelectricity, oil and gas, 
transmission systems and our overall energy supply makes him ideal to 
serve as a Commissioner for FERC.
  Phil served as energy policy advisor to former U.S. Senator Slade 
Gorton, and most recently served as the Washington representative for 
Alliant Energy Corp. He also worked for nearly 10 years as the staff 
coordinator for the Washington State Senate Committee on Energy, 
Utilities and Telecommunications.
  Mr. Speaker, I rise today to commend Phil Moeller for his exceptional 
work to protect and develop Northwest energy and wish him the best of 
luck as he begins his new position as Commissioner for FERC.

                          ____________________




  ON THE 25TH ANNIVERSARY OF THE PUBLIC LAW CENTER IN ORANGE COUNTY, 
                               CALIFORNIA

                                 ______
                                 

                          HON. LORETTA SANCHEZ

                             of california

                    in the house of representatives

                        Wednesday, July 19, 2006

  Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to 
congratulate the Public Law Center for its 25 years of service to the 
people of Orange County, California.
  Thousands of Orange County lower-income residents have benefited from 
the myriad of pro bono services that the PLC offers. The PLC has 
amassed an army of legal professionals to help our community. They hold 
community legal clinics every-other months. For more specific needs, 
they help refer clients to specialized private attorneys.
  The PLC also provides assistance to local community organizations, 
the non-profits that understand all the challenges that our less 
fortunate Orange County brothers and sisters face. What would we do if 
we didn't have the PLC to help navigate the complicated world of 
employment contracts and housing agreements?
  The PLC is there too for needy families, and to individuals with 
special needs, like people living with HIV/AIDS.
  I am very grateful for the Public Law Center's work with members of 
the South East Asian community. Our Vietnamese community especially 
requires and deserves special attention, as they face legal and 
cultural challenges which are unique to them.
  One challenge in particular is dealing with the awful scourge of 
human trafficking. I am proud to call the PLC a partner--along with St. 
Anselm's Cross Cultural Center, the cities of Santa Ana, Garden Grove 
and Westminster, along with other community organizations--in their 
work with the Orange County Human Trafficking Coalition. The U.S. 
Congress recently recognized the work of the Coalition by awarding it 
with a Federal law enforcement grant. While the Federal Government 
works with local law enforcement to arrest and prosecute the 
traffickers, the PLC and its partners work to provide services to 
victims. This cooperation is a model for public private cooperation.
  In its 25 years, the Public Law Center has worked on countless cases, 
and its service to our community is immeasurable. I can only wish its 
board, staff and volunteers another 25 years of continued success and 
service.

                          ____________________




 INTRODUCTION OF THE ``PROTECTING CHILDREN'S HEALTH IN SCHOOLS ACT OF 
                                 2006''

                                 ______
                                 

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. DINGELL. Mr. Speaker, helping children learn and be successful in 
life should be a priority for us. It is unfortunate the Bush 
administration does not agree. This bill, the ``Protecting Children's 
Health in Schools Act of 2006'', will stop the harmful Medicaid cuts 
proposed by the President so that disabled children can continue 
receiving the medical services they need in order to continue to learn 
in school. Without this bill, the administration's actions are placing 
children's health and education in jeopardy by leaving the brunt of the 
burden on already stretched State education systems.
  Since 1986 Federal Medicaid policy has explicitly recognized the 
essential nature of the link between Medicaid and health care for low-
income children whose special healthcare needs make management of and 
access to treatment in school settings an imperative. Recent actions by 
the administration, however, including audits and proposed regulatory 
cuts in payments to schools for providing healthcare services in the 
President's FY2007 budget, have created an atmosphere of uncertainty 
about the continued ability of children with serious and chronic health 
conditions to get the health care they need that will allow them to 
attend school in mainstream, community settings.
  Rather than discouraging the provision of health care in schools, the 
administration should be providing extensive technical assistance to 
States to optimize children's opportunities to receive needed school-
based health

[[Page 15174]]

care. This would enable them to learn in community educational settings 
instead of being forced to remain at home, which is fully permitted 
under the current law. Close to 7 million children currently receive 
education and related services through school districts ranging from 
assistive technology for students with hearing disabilities to personal 
aides for students with several developmental or physical disabilities. 
These services are determined, based on a student's medical needs, to 
be necessary for the ``appropriate'' education of that student.
  This bill I am introducing with Representatives Whitfield, Miller, 
and many others, would set forward clear guidelines in the statute for 
providing and receiving reimbursement for this care, rather than put 
schools, families, and their disabled children, and States in a 
situation where they are uncertain whether or not these medically-
necessary services and the related administrative and transportation 
costs will be covered under Medicaid. This legislation has the support 
of the American Association of School Administrators, the American 
Federation of Teachers, the National Education Association, the 
National Rural Education Advocacy Coalition, the Council of Great City 
Schools, and the National Association of State Directors of Special 
Education, among other organizations.
  The administration's current moves and proposed budget cuts 
curtailing Medicaid coverage and provision of health services in 
schools endanger the health and educational opportunities for 7 million 
children. This bill, in essence, maintains and protects current law 
coverage for children with special needs.

                          ____________________




       TRIBUTE TO THE OWEGO, NEW YORK, FIRE DEPARTMENT HOSE TEAMS

                                 ______
                                 

                         HON. SHERWOOD BOEHLERT

                              of new york

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. BOEHLERT. Mr. Speaker, it is my pleasure to honor the Owego, New 
York, Fire Department Hose Teams for placing first and second at the 
Central New York Firematic Hose Races on July 16, 2006, during the 
113th Annual Central New York Firemen's Convention in New York Mills, 
New York.
  In a superb victory, Owego's Susquehanna House Company #1 secured the 
overall points title, successfully defending its title from last year 
and winning its third and final leg on the overall traveling trophy. 
Three legs are required to retire the traveling trophy. This year's 
victory marks the second time the Owego team has successfully retired 
the trophy. Since the inception of firematic hose races in the 1940's, 
Owego has won 12 championships. In addition, Owego's Croton Hose #3 
team finished second overall.
  Team members for the Susquehanna House Company #1 included J.T. 
Fisher, Patrick Gavin, Tim Gavin, Danny Gavin, and Lou Striley. The 
Owego Fire Department proudly protects 26,000 residents, and its 
members participate on a volunteer status. Therefore, the winners 
deserve to be recognized not only for their excellent performance, but 
also for their outstanding service to the community as firefighters.
  Both teams have donated their prize money, a total of $350, to the 
Owego Fire Department Training Tower Fund in memory of fallen 
firefighter Steve Gavin, who hose raced for Owego teams for 34 years 
before his passing in the fall of 2003. I commend the winners for this 
noble tribute in honor of a man who gave so much to his family and 
community.
  On behalf of the entire 24th Congressional district, I congratulate 
the Owego teams for their achievements, and for their tireless service 
to the Owego community.

                          ____________________




               STEM CELL RESEARCH ENHANCEMENT ACT OF 2005

                                 ______
                                 

                             HON. MARY BONO

                             of california

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mrs. BONO. Mr. Speaker, I would like to commend Representatives 
Castle and DeGette for their tireless efforts on behalf of H.R. 810, 
the Stem Cell Research Enhancement Act of 2005. This important 
legislation provides much needed expansion of federal policy while 
implementing stricter ethical guidelines for this research.
  I would be remiss in my commendation if I failed to mention the work 
of former first lady Nancy Reagan, who has been a true leader on this 
issue. I would like to reiterate a point made in one of her oft quoted 
statements on this issue, ``We have lost so much time already. I just 
really can't bear to lose any more.'' Time is one commodity that we 
cannot create, we cannot stop and we cannot afford to waste. The 
American people have made clear their support for this research, and I 
am proud that Congress has acted. We have passed this critical stem 
cell legislation in both the House and the Senate. We are on the brink 
of moving forward in a scientific endeavor that has the potential to 
ease the pain and suffering of millions--to be stopped here is to 
deprive millions of hope.
  While I commend President Bush for taking the initiative in 2001 to 
provide Federal funds for stem cell research, I am deeply disappointed 
with the decision to move ahead with this veto. Many human diseases 
arise from a defect in a single gene; muscular dystrophy, cystic 
fibrosis, and Huntington's disease, to name a few. Embryonic research 
provides an unparalleled opportunity to understand and perhaps correct 
some of the errors that result in these medical conditions.
  My own State of California has already moved ahead by establishing 
the Institute for Regenerative Medicine, which will devote $3 billion 
to embryonic stem cell over the next 10 years. As the people of 
California did, Congress now has the opportunity to permit embryonic 
stem cell research, which will allow scientists throughout the entire 
country to search for cures and to stay competitive with the rest of 
the world.
  The President's veto today is not in line with the hope that he 
created in 2001. His leadership at that time opened a critical door to 
some of the most promising research of our generation, and embryonic 
stem cell research will enhance and advance that vision of progress. I 
will be voting to override this veto and I urge my colleagues to do the 
same.

                          ____________________




                       BRIDGING YEARS OF TENSION

                                 ______
                                 

                        HON. WILLIAM D. DELAHUNT

                            of massachusetts

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. DELAHUNT. Mr. Speaker, sometimes we get it right. When we do, 
it's worth celebrating.
  Next week on Cape Cod, in my congressional district, leaders of the 
Wampanoag Tribal Council will sit down with officials of Mashpee, 
Massachusetts, to discuss the future of the town--together.
  Just a few years ago, such a meeting would have been inconceivable. 
The chasm between the aspirations of the Wampanoags and the fears of 
other local residents resulted in a generation of ill will among 
neighbors. Today I take to the floor of the House of Representatives to 
salute the people--all the people--of the Town of Mashpee for finding 
the higher road.
  As my colleagues may know, the federal Bureau of Indian Affairs 
recently granted preliminary approval to the Mashpee Wampanoag's 
petition for tribal designation. After a public comment period now 
underway, it is expected that the BIA will authorize full tribal status 
next spring.
  This designation has national significance for the tribe that 
originally welcomed the Pilgrims to our shores. Closer to home, its 
anticipation could have salted old wounds. Instead, it has inspired new 
collaboration. When town and tribal representatives meet next week, it 
will affirm our collective respect for the quality of life that has 
long defined Cape Cod--weaving diversity with common purpose.
  This is uncharted and perhaps challenging territory, but it is an 
opportunity that most communities never enjoy. It begins with the 
considerable financial benefits--for the Tribe, for the Town and our 
region--that accompany tribal status. However, the decision of the Town 
and the Tribe to embrace this opportunity will also yield a benefit 
less tangible but at least as valuable: a spirit of renewal as a 
community, in the name of all Mashpee residents and their families.
  As the following newspaper editorial outlines, ``Federal recognition 
. . . is not simply for tribal members . . . it's about Mashpee, and 
that can be good for all of us. It's hard to contemplate a firmer 
foundation for . . . the months and years ahead.''

                        [From the CapeNews.net]

              Mashpee Editorial: A Most Encouraging Letter

       Since March 31, when the Mashpee Wampanoag received initial 
     recognition as a federal tribe, Mashpee selectmen have been 
     eager to get talks underway to find out what full federal 
     acknowledgment next year will mean for the wider community. 
     As weeks passed without any tangible response from the tribe, 
     selectmen became a little impatient and also a tad wary, 
     asking why tribal

[[Page 15175]]

     council members seemed unwilling to talk. From the tribe's 
     standpoint, the lack of response was more akin to: ``What's 
     the hurry? We've waited 30 years for federal recognition. Be 
     patient, talks will happen in due time.''
       Then, on May 10, Town Counsel Patrick Costello had an 
     initial discussion with William McDermott, an attorney for 
     the tribe, at Mr. McDermott's West Roxbury office. A month 
     passed before the next exchange.
       On June 12, Mr. Costello wrote a letter to Mr. McDermott 
     laying out seven topics the selectmen want to discuss with 
     the tribal council. Mr. Costello wrote: ``I believe that, 
     most, if not all, of these topics are typical subjects for 
     discussion between federally recognized tribes and 
     neighboring local government entities.''
       Perhaps so, but the dominant theme was land. What was the 
     tribe going to do with its own land in Mashpee? What were its 
     plans for acquiring additional land in town? What role would 
     land claims play in acquisition?
       Tribal council members have repeatedly said that there 
     would be no return to the land suit days and that Mashpee 
     property owners have nothing to fear from federal 
     recognition. They have also promised that they would not 
     bring casino gambling to Mashpee or anywhere else on Cape 
     Cod. But selectmen believe they have a responsibility to get 
     these two issues formalized. Town Manager Joyce Mason and the 
     selectmen released Mr. Costello's letter and we published the 
     full text June 16. This public airing took Mr. McDermott by 
     surprise because he said it was his intention to keep the 
     initial talks private.
       What comes into play here is something that can add perhaps 
     unintended tension: the very different standings of the town 
     and the tribe. The Mashpee Wampanoag have both political and 
     cultural leaders. They are a large extended family and a 
     private corporation. Meetings of the tribal council are not 
     open to non-tribal members. They don't have to make their 
     every move public.
       While selectmen can and do meet in executive session, the 
     substance of those meetings is known in outline, whether it's 
     litigation, for example, or a personnel issue. But outside of 
     his carefully defined framework, selectmen are bound to 
     conduct the town's business in public. As political leaders, 
     they also have a vested interest in the public's knowing that 
     they are acting responsibly in regard to the $42 million town 
     budget and the approximately $5 billion worth of property in 
     Mashpee. Releasing Mr. Costello's letter may not fit into the 
     tribe's more private way of conducting business, but it lets 
     Mashpee residents who are skeptical of unwritten agreements 
     know that town officials are taking their fiduciary 
     responsibilities seriously. If the tribe's delay in wanting 
     to open talks raised concerns at town hall, these must have 
     been somewhat alleviated Monday with the arrival of a letter 
     from Mr. McDermott to Mr. Costello. At the selectmen's 
     meeting Monday night, there was an almost palpable sense of 
     relief at the most encouraging tone of Mr. McDermott's words 
     on the tribe's behalf.
       In response to the selectmen's seven topics for discussion, 
     the tribe lists six of their own: affordable and stable 
     housing; local public education; police and fire protection; 
     healthcare; transportation infrastructure; and preservation 
     and conservation of lands and waters.
       The encouraging and positive tone is set in Mr. McDermott's 
     first sentence. The six issues detailed in the letter are 
     ones ``the tribe believes are mutual objectives for the both 
     the town and the tribe, and should be discussed when the two 
     meet.''
       Mr. McDermott's second sentence gets to the nub of 
     selectmen's concerns: ``First, however, the tribe has asked 
     me to reiterate, in response to Items 3 and 4 in your June 12 
     letter, the tribe's prior commitments that it will not 
     conduct gaming activities in the Town of Mashpee or on Cape 
     Cod, and that it will not make any claims to private lands or 
     file suit asserting such a claim in connection with the 
     tribe's efforts to acquire lands within the town.''
       The discussions, which can begin ``any time during the week 
     of July 24 that is convenient for the town,'' Mr. McDermott 
     writes, ``can lead to a mutually cooperative framework 
     between the tribe and town to improve the quality of housing, 
     education, law enforcement, fire protection, public safety, 
     health care, transportation, and preservation of lands and 
     water in a way that will improve the life of all residents of 
     Mashpee.''
       In essence, with these words, the Mashpee Wampanoag are 
     bridging years of tension in a wonderfully generous and 
     inclusive manner. Federal recognition and its financial 
     advantages is not simply for tribal members, they are saying, 
     it's about Mashpee, and that can be good for all of us. It's 
     hard to contemplate a firmer foundation for the private and 
     public talks and conversations in the months and years ahead.

                          ____________________




        HONORING MARY AND JIM HORN FOR THEIR LIFETIME OF SERVICE

                                 ______
                                 

                        HON. MICHAEL C. BURGESS

                                of texas

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. BURGESS. Mr. Speaker, I rise today to honor Mary and Jim Horn for 
their lifetime of service to the city of Denton as well as the State of 
Texas.
  Ms. Mary Horn, formerly Mary Roberts, has had an important leadership 
role in both the government and business realms. Before she served as 
the first and only female Denton County Tax Assessor-Collector, she 
rose from the position of a flight attendant to become the Manager of 
Special Operations at Braniff. She was the first woman in that company 
to serve as an executive. From there, she moved on to manage her own 
business from 1982 to 1992, After serving two terms as the Denton 
County Tax Assessor-Collector, she ran and was overwhelmingly elected 
Denton County Judge. Again, she became the first and only woman thus 
far to serve in that capacity.
  In 1998, she was awarded the Outstanding Volunteer Award of the 
Denton County Republican Party. She was honored at the Texas Federation 
of Republican Women during their Tribute to Women at State Convention. 
In 1999, she was nominated for the ``Tax Assessor-Collector of the 
Year'' Award.
  Representative Jim Horn served in many important leadership roles. In 
1969, he led the Aerosmith Corporation as the Executive Vice President. 
He followed this with a move to the role of Precinct Chairman. He then 
served as Denton County Republican Party Chairman and as the elected 
Committeeman on the State Republican Executive Committee. In 1980, he 
became the first Republican to be elected county-wide to a State 
legislator in over 100 years. To top off his career, Representative 
Horn was recognized for his efforts with the honorable ``Hat's Off'' 
Award for his many years of loyal service to the city of Denton as well 
as the State of Texas.
  Representative Jim Horn and his lovely wife Judge Mary Horn will be 
recognized in August for their many achievements with the dedication of 
the Mary and Jim Horn Government Center. Mr. Speaker, it is with great 
honor that I stand here today to recognize them for their tireless 
public service. It has been a pleasure working with them both and 
representing them in Washington. I know that the city of Denton and the 
State of Texas would have been at a loss without their leadership.

                          ____________________




STATEMENT RECOGNIZING THE ACCREDITATION OF THE FIELD MUSEUM OF NATURAL 
       HISTORY IN CHICAGO BY THE AMERICAN ASSOCIATION OF MUSEUMS

                                 ______
                                 

                          HON. DANNY K. DAVIS

                              of illinois

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. DAVIS of Illinois. Mr. Speaker, I rise today to recognize the 
recent accreditation of the Field Museum of Natural History in Chicago 
by the American Association of Museums. Accreditation is awarded to 
less than 5 percent of museums in the United States, and the Field 
Museum now stands among those few museums honored for its high 
professional standards and excellence in education and stewardship. 
Anyone who has ever been to the Field Museum knows than an award for 
excellence befits this well-known Chicago institution.
  Mark Twain wrote, ``It is hopeless for the occasional visitor to try 
to keep up with Chicago--she outgrows his prophecies faster than he can 
make them. She is always a novelty; for she is never the Chicago you 
saw when you passed through the last time.'' Twain's comment remains 
timeless. Chicago's wonderful museums are never the same since the last 
time you walked down their halls, especially the Field Museum.
  As we speak, hundreds of thousands of advance tickets have been 
booked from visitors around the world who are waiting to experience the 
Field Museum's latest exhibition, Tutankhamun and the Golden Age of the 
Pharaohs. The Museum's commitment to educational programs for people 
from all backgrounds and educational levels, provides an important 
window to our world and an educational venue paralleled by few 
institutions of its type. The exhibits contained within the Field 
Museum elucidate remote and ancient cultural practices from around the 
world for others to learn. Their archaeological work has produced 
astonishing finds from the earth's past. Current groundbreaking work in 
avian genetics may expose important information that will help address 
an avian flu pandemic. Beyond traditional museum activities, the Field 
Museum, in collaboration with the Chicago Cultural Alliance, 
contributes to Chicago cultural life in many ways. Together the 
Alliance is developing an innovative program that targets at-risk youth 
by engaging them in arts

[[Page 15176]]

workshops that allows them to address issues of identity, conflict 
resolution, and their heritage. These are but a few of the ways the 
Field Museum enriches all of our lives through discovery, education, 
and community outreach.
  Museum staffs go to great lengths to consult State educational 
curricula and guidelines when designing exhibits, thereby further 
enhancing the quality and relevance of the museum experience. Each 
year, we spend over $1 billion to create and stage educational exhibits 
and special programs. The men and women of the Field Museum are to be 
commended for their dedication to stewardship, rigorous research, and 
the creative educational ways they reach out to the community to feed 
people's curiosity and wonder for the world in which we live. Just as 
the American Association of Museums recognized the Field Museum of 
Natural History with accreditation, today I also want to celebrate and 
congratulate those responsible for the amazing work that transpires 
within and outside its halls.

                          ____________________




                  SUPPORT FOR REPRESENTATIVE MOLLOHAN

                                 ______
                                 

                            HON. JOEL HEFLEY

                              of colorado

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. HEFLEY. Mr. Speaker, there is enough blame to go around. The 
minority leadership of the House has politicized the ethics process for 
partisan political gain. Likewise, the majority party has tried to take 
control of the ethics process again for partisan reasons.
  I have been encouraged recently that the House Ethics Committee is 
again taking action in investigative matters. I am disappointed, 
however, that Representative Alan Mollohan (D-WV), the former ranking 
minority member, is being given blame by some for inactivity of the 
committee over the last 16 months.
  If I put myself in Representative Mollohan's position, I am not sure 
I would have acted any differently. The House Ethics Committee is the 
only House committee that has an even number of Republicans and 
Democrats. Due to the nature of the committee and the important work it 
conducts, all committee activity should be conducted on a bipartisan 
basis.
  As I review the events at the start of the 109th Congress, it leads 
me to the conclusion that several important actions were conducted by 
the majority without consulting the minority. These partisan actions 
were contrary to the nature and spirit of the way business has been, 
and should be, conducted by the Ethics Committee. If I had been the 
ranking member of the Ethics Committee and the majority party had 
arbitrarily and unilaterally changed the rules I would have had an 
obligation to react, just as Representative Mollohan did. If I had been 
the ranking member and the majority party unilaterally fired the senior 
committee staff in contradiction to rules which say both the majority 
and minority must agree, I would have had to react, just as 
Representative Mollohan did. If I had been the ranking member and the 
majority party tried to put a partisan chief of staff in as the staff 
director for the Ethics Committee in contradiction to the standards of 
a nonpartisan staff I would have had to react, just as Representative 
Mollohan did.
  In other words, I feel Representative Mollohan did exactly what was 
expected of him as the ranking minority member when the bipartisan 
nature of the ethics process was unilaterally challenged by the 
majority. He had the courage to stand up to partisan actions when he 
should have.
  My experience with Representative Mollohan when we served together on 
the Ethics Committee during the 108th Congress is that he was 
completely nonpartisan and that he would absolutely take no 
instructions from his leadership on the conduct of the Ethics 
Committee. That was my philosophy as well, and should be the stance of 
all who serve on this important committee.
  Representative Mollohan has recently been dealing with some other 
issues that I know nothing about and won't speak to, but as the 
committee chairman I couldn't have asked for a more thoughtful and 
considerate ranking member to work with.
  His successor as ranking minority member on the Ethics Committee, 
Representative Howard Berman (D-CA), is an excellent choice. I have 
also worked with Representative Berman on the committee and I have the 
highest respect for him.
  In conclusion, it is apparent to me that the leadership of both 
parties have forgotten the importance of a bipartisan ethics process in 
the House. The Ethics Committee proved during the 108th Congress that, 
working in a bipartisan manner, it could handle politically sensitive 
and difficult cases.
  Both parties need to return to a bipartisan Ethics Committee and 
bipartisan ethics process or the House as a whole will continue to 
suffer.

                          ____________________




             INTRODUCTION OF THE TEACHER CENTER ACT OF 2006

                                 ______
                                 

                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GEORGE MILLER of California. Mr. Speaker, I am pleased today to 
introduce the Teacher Center Act of 2006.
  First and foremost, I want to thank our teachers for their dedication 
and commitment to taking on all of the demands of their profession. We 
ask them to perform miracles every day in our underfunded and 
overcrowded system. And we owe it to them and to their students to 
provide more than rhetoric about our commitment to supporting teachers 
and helping them succeed.
  Teacher quality is the number one in-school influence on student 
achievement. Congress recognized this when we passed the No Child Left 
Behind law and we've come a long way in making sure that every child is 
taught by a highly qualified teacher. In NCLB we also took a major step 
forward in improving professional development opportunities for our 
Nation's teachers. We moved away from 1-day workshops that were not 
connected to the curriculum and, instead, provided resources to help 
States and local school districts develop programs that provide 
continuous, high-quality professional development. This was--and is--
essential to meeting the Nation's goal of high standards of learning 
for every child.
  Now we have a responsibility to go to the next step, building on 
innovative models of dynamic professional development. Teachers tell us 
that in order to better meet the learning needs of students, 
particularly those with the greatest needs, it is essential that we 
support teachers in honing their instructional skills and techniques 
with a full repertoire of research-based, proven strategies. We need to 
pay heed to their call.
  The Teacher Center Act of 2006 builds on NCLB by assisting teachers 
in helping students meet high academic standards. Teacher Centers align 
professional development with state standards and district curricula 
and incorporate research about proven classroom strategies--all while 
meeting high levels of rigor and expertise in both the design and 
delivery of services.
  Teacher Centers employ a strategy in which professional development 
is made available ``for teachers, of teachers, and by teachers.'' 
Teachers' voices drive and design the services, which are delivered by 
expert, practicing teachers and other experts. Teacher Centers provide 
teachers with opportunities to take charge of their own professional 
growth and take a lead in the decision-making and implementation of 
staff development programs based on their needs.
  One of the most exciting elements of Teacher Centers is the focus on 
data-driven instruction in which test results and other indicators of 
student need are used to drive classroom instruction and strategies. 
While Teacher Centers give priority focus to literacy and math, they 
also highlight other essential areas of the curriculum including 
science, social studies, art, music, foreign languages, health, and 
physical education. Interdisciplinary approaches to instruction are 
another example of the type of innovative approaches to professional 
development that the Teacher Centers provide.
  Teacher Centers also help to bridge the gap between groups of 
students by promoting the effective use of technology to support 
instruction. Technology is changing at lightning speed and Teacher 
Centers are particularly helpful to teachers by helping them learn to 
use technology effectively in their classrooms.
  Finally, as we move forward in efforts to ensure that all students 
receive a high-quality education, we must pay particular attention to 
the needs of English language learners, students with disabilities, 
recently arrived students from foreign countries, and other students 
with special needs. Teacher Centers provide a great opportunity for 
teachers of these students who have developed effective strategies for 
helping these students improve their academic achievement to share what 
they have learned with their peers.
  The Teacher Center Act of 2006 is a positive and important step in 
strengthening the teaching profession and in strengthening our schools. 
I look forward to achieving the vision of a better school system for 
all of our children.

[[Page 15177]]



                          ____________________




                   THE ONGOING BATTLE AGAINST SLAVERY

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. RANGEL. Mr. Speaker, I rise today to praise the traveling 
exhibition created by the Schomburg Center for Research in Black 
Culture, a branch organization of the New York Public Library, in 
conjunction with the UNESCO Slave Route Project to mark the United 
Nation's General Assembly's resolution proclaiming 2004 as the 
International Year to Commemorate the Struggle against Slavery and its 
Abolition. To reach a wider audience the Schomburg Center has created 
versions in French, Portuguese, Spanish, as well as in English. The 
online version of the exhibition is available on the Schomburg Center 
website. (http://www.nypl.org/research/sc/sc.html)
  The exhibition, titled Lest We Forget: The Triumph Over Slavery, is a 
celebration of the extraordinary human capacity to overcome oppression 
and injustice. Its tour through Africa, the Caribbean, Central and 
South America and Europe, is a reminder of a heritage that binds people 
of all races and color, across national and religious boundaries.
  Lest We Forget shows us the images of downtrodden degraded people who 
were stripped of their humanity and culture who were forced to live 
their lives as mindless, agendaless pawns in vicious, all-powerful 
systems of human degradation. The transatlantic slave trade was brutal, 
vicious, denigrating and horrific. It is a representation of one of the 
most consistent assaults on human dignity and self-worth in the history 
of mankind.
  We see a different kind of slavery today. Guest-workers, lured from 
third world countries with false promises, are forced to work in 
hazardous work conditions with very little wages in countries where 
oftentimes they do not even speak the language. They have virtually no 
rights as foreign workers and are sometimes forbidden by law to form 
unions. These modern-day slaves have no recourse but to follow the 
directives of their employers to exploit their helplessness. The United 
Nations defines an enslaved person as one whose movement and decision-
making abilities are curtailed so that he/she does not have the ability 
to choose his employer. With this in mind, it is doubly important for 
us to recall the brutal reality of slavery and systematic degradation 
of human dignity; and take action in order to eliminate this modern-day 
slavery.
  I commend the Schomburg Center for creating this remarkable 
presentation, and the UNESCO for making it accessible across the globe. 
Their cooperation and collaboration has made the exhibition a 
resounding success, and I hope to see this cooperation repeated and 
expanded in finding the resolution to the problem of slavery in today's 
world.

                     Traveling With A Global Appeal

       To mark the United Nations International Year to 
     Commemorate the Struggle Against Slavery and its Abolition in 
     2004. UNESCO commissioned the Schomburg Center to create a 
     traveling version of its exhibition Lest We Forget: The 
     Triumph Over Slavery. The exhibition highlighted the 
     extraordinary capacity of human beings to confront and 
     transcend oppression, and to overcome state-sanctioned 
     injustice.
       The traveling version of Lest We Forget has toured in 
     Africa, the Caribbean, Central and South America, and Europe. 
     Travelling to countries such as Cameroon, South Africa, Cape 
     Verde, Mali, Mozambique, Guinea Bissau, Senegal, The Bahamas, 
     Dominican Republic, Jamaica, Brazil, Sweden, France, Finland, 
     and Norway. To help ensure that the exhibition did indeed 
     reach a wider audience the Schomburg created versions in 
     English, French, Portuguese, and Spanish.
       Just as Lest We Forget tells a portion of the story about 
     people of the African Diaspora, so too does In Motion: The 
     African-American Migration Experience, which originally 
     opened at the Schomburg Center in February 2005. In Motion 
     traces 13 different migration patterns of African Americans 
     over 500 years. As part of the Schomburg Center's ever-
     expanding Traveling Exhibition Program, In Motion opened at 
     the Lyric Theater in the historic ``Overtown'' district of 
     Miami, Florida at the beginning of Black History Month.
       Miami Mayor Manny Diaz opened the exhibition with a 
     reception and Schomburg Center Chief Howard Dodson was on 
     hand for the unveiling. The exhibition's Miami host Dr. 
     Dorothy Fields, Founder of the Black Archives, History and 
     Research Foundation of South Florida, Inc, knew In Motion 
     would be perfect for her city. ``Miami is a city of many 
     people from so many different countries. As soon as you walk 
     in the information about the Haitian migration experience is 
     right there, strategically in the center [of the theater],'' 
     said Dr. Fields. ``In Motion: The African-American Migration 
     Experience explains that we are all different branches of the 
     same tree.''
       To guarantee that the exhibition would have a lasting 
     effect, Dr. Fields and her colleagues signed a contract with 
     the county to do a Black History bus tour, which began at the 
     Lyric Theater, this resulted in more than 9,000 visitors in 
     one month. And they even devoted the entire month of May to 
     bring school children to see and learn from the exhibition, 
     and offered two days of teacher workshops with In Motion 
     Project Content Manager Sylviane Diouf, so that educators 
     could prepare their students for the experience ahead of 
     time.
  In Motion is set to run at the Lyric Theater until the end of May, 
Miami's Haitian American Month, but Dr. Fields has confirmed that her 
organization has plans to expand on In Motion, by providing the 
Schomburg Center with primary sources on the African Diaspora in Miami 
to develop another exhibition.
       With traveling exhibitions like Lest We Forget and In 
     Motion, the resources of the Schomburg Center reach far 
     beyond its structure to educate and inspire scores of people 
     around the world.
       Traveling dates: Lest We Forget
       When: May 19-July 19, 2006.
       Where: Esmeraldas International Center for Afro-Amerindian 
     Cultural Diversity and Human Development, Esmeraldas, 
     Ecuador.
       Organizer: UNESCO Quito's Office.
       In Motion: The African-American Migration Experience
       When: October 2, 2006-March 9, 2007.
       Where: National Heritage Museum, 33 Marrett Road, 
     Lexington, MA 02421
       For more information about the Traveling Exhibition 
     Program, please visit www.schomburgcenter.org, or contact Mei 
     TeiSing Smith at [email protected], or by calling (212) 491-
     2204.

                          ____________________




      ACKNOWLEDGING THE OUTSTANDING PUBLIC SERVICE OF HESTER HILL

                                 ______
                                 

                            HON. JOHN TANNER

                              of tennessee

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. TANNER. Mr. Speaker, I rise today to recognize a very 
distinguished volunteer from Tennessee, who was awarded this year's 
national Humanitarian of the Year award. I want to congratulate and 
thank Hester Hill, who has given so much time and effort for a very 
valuable public service program called Angel Flight.
  Angel Flight South Central began in 1991, assisting medical patients 
and their family members with air transportation they could not 
otherwise get. It specializes in offering free non-emergency travel for 
those in need, and the shipment of blood and organs for medical 
procedures. The travel is provided by volunteers like Mrs. Hill and 
pilots who offer their time and aircraft at no cost. Last year alone, 
Angel Flight South Central flew more than 3,000 medical missions at no 
charge to its carriers. In the weeks following Hurricane Katrina, the 
rescue group flew hundreds of missions, reuniting people with their 
loved ones.
  Mr. Speaker, Hester Hill has given so much of her time and skill to 
help others when they need it most. I hope you and our colleagues will 
join me in honoring Hester Hill for the passionate and dedicated 
service she has provided to others and congratulate her on this 
prestigious award she has earned.

                          ____________________




                   PAYING TRIBUTE TO EMILIA GUENECHEA

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. PORTER. Mr. Speaker, I rise today to honor Emilia Guenechea for 
her outstanding efforts to bring awareness to minorities and the 
underprivileged in Las Vegas.
  Over the past ten years, Emilia has served in various positions in 
her quest to create and implement plans for healthy communities, and 
she has participated in a variety of programs to assist members of the 
Hispanic community in Las Vegas. Emilia served as the Woman to Woman 
Program Coordinator for the YMCA and SAFE HOUSE Shelter, providing a 
support system for Hispanic women. She also served as the Salud in 
Accion Program Coordinator, where she was responsible for the planning 
and coordination of all media production associated with the cancer 
prevention program for Hispanic women. In addition, Emilia

[[Page 15178]]

has dedicated two years to the National Cancer Institute's Cancer 
Information Service Partnership Program as Coordinator for the 
Northwest Region, where she conducted a comprehensive study to identify 
gaps in cancer information and education services in order to identify, 
implement, and maintain partnerships with organizations to serve the 
underprivileged.
  In addition to her outstanding work with the Hispanic community, 
Emilia has a very impressive academic record. She received her first 
Master's degree in Clinical Psychology at the Iberoamericana University 
in Mexico, and her second Master's degree in Counseling from the 
University of Nevada, Las Vegas.
  Emilia is currently the Nevada Cancer Institute's Multicultural 
Community Outreach and Education Production Manager, a position she has 
enjoyed since October of 2005. In her role, she develops and implements 
programs to increase awareness, education, and early detection of 
chronic diseases. Emilia's main goals are to increase the screening 
numbers of breast, cervical, colorectal, and prostate cancers, and to 
increase the participation in clinical trials within multicultural 
communities. Emilia's hard work is leading to progress in these often 
difficult and culturally sensitive tasks.
  Mr. Speaker, I am proud to honor Emilia Guenechea. Her dedication to 
creating health awareness has greatly impacted the diverse communities 
of Las Vegas. She is truly a remarkable woman who should serve as an 
inspiration and a roll model for us all. I commend her efforts and wish 
her the best in future endeavors.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. STEVEN R. ROTHMAN

                             of new jersey

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. ROTHMAN. Mr. Speaker, on July 18, 2006, due to illness, I missed 
3 recorded votes. I take my voting responsibility very seriously, and 
had I been present, I would have voted ``yes'' on recorded vote No. 
379; ``no'' on recorded vote No. 380; ``yes'' on recorded vote No. 381.

                          ____________________




                          TRIBUTE TO JIM BURKE

                                 ______
                                 

                         HON. WILLIAM M. THOMAS

                             of california

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. THOMAS. Mr. Speaker, I rise today with my colleague Mr. Costa to 
honor the life of our friend, Jim Burke, a Bakersfield community 
leader, philanthropist, and businessman, who passed away on Monday, 
July 17, 2006. In Bakersfield, the name Jim Burke is synonymous with 
generosity.
  Jim was born on August 1, 1925, in Bakersfield, California, to Mr. 
and Mrs. James Joseph Burke, a family with Kern County pioneer roots. 
His great grandfather, Daniel Burke, came to Kern County in 1864 from 
Ireland. Jim graduated from Kern County Union High School in 1943 with 
accolades as a scholar, athlete, and president of the student body. He 
attended Stanford University for a year before joining the Navy and 
serving on the USS Midway and the USS New Mexico. After two and a half 
years of service in the Navy, Jim returned to Stanford and graduated in 
1948 as an Industrial Engineer. In 1950, Jim married Bebe Rinker and 
they subsequently had a daughter, Michele (Mikie).
  Jim began his career in the parts department of Haberfelde Ford in 
1949, became a partner in the Haberfelde family business in 1964, and 
purchased the remaining business interest in 1972. In 1977, he renamed 
it Jim Burke Ford and it has since become one of the largest Ford 
dealerships in the country, with over 370 employees. Jim cared deeply 
for his employees and customers and was known to buy back a vehicle if 
a customer had an unresolved vehicle problem with Ford in order to 
address the issue with Ford himself.
  Throughout his life, Jim's passion was in the areas of education and 
health care. He worked with educators to create ``The Ford Dimension,'' 
which is a program that for 32 years has taught high school students 
about the private enterprise system and the practical problems of the 
business world.
  In 1994, over 200 Ford Dimension alumni from across the nation 
founded the Jim Burke Education Foundation in his honor. Later in 2003, 
Ford Dimension alumni and the Jim Burke Education Foundation created a 
leadership program, Dream Builders, to develop leadership and life 
skills in high school seniors and share with them the value of civic 
responsibility as a lifetime commitment.
  Jim also actively worked to address the hospital and healthcare needs 
in Bakersfield. He was a founding director of the Friends of Mercy 
Foundation, which assists in the healthcare needs of the local 
community, and he served as Chairman of the Mercy Hospital Board of 
Trustees as well as a director of Bakersfield Memorial Hospital.
  Jim was also involved with numerous organizations in the community 
such as the Campfire Girls, Better Business Bureau, the Trade Club of 
Greater Bakersfield, Bakersfield Chamber of Commerce, the California 
State University Bakersfield Foundation, and served as chairman of the 
Kern County Business Outlook Conference. Jim was also very active in 
the Catholic community. Jim's fundraising efforts and work with the 
Sisters of Mercy addressed the special needs of others, such as 
construction of the Madison Place, a model low-income housing project.
  Over the course of his life, Jim received numerous awards and honors 
for his service to the community and business achievements. In fact, in 
1976, he was recognized with the Time Magazine Quality Dealership Award 
for his outstanding business performance and involvement in the 
community. In 1995, Jim was inducted into the Automotive Hall of Fame 
and he received a Honorary Doctorate from California State University, 
Bakersfield in 1997.
  Yet no award will ever capture the true humanity, strength, and 
leadership that Jim achieved. Throughout his life, Jim and his family 
continuously strived to better our community and help others, with 
humility and true compassion. Jim was immensely successful in his 
efforts and we will never know the full extent of the impact Jim's 
kindness and compassion had. On this day, we rise, on behalf of a 
community in mourning, to remember with great appreciation Jim Burke, a 
man who embodied the civic generosity and leadership that is uniquely 
American and that has made Kern County such a great place to live. 
Accordingly, we offer our deep condolences to Bebe and his family.

                          ____________________




                     PAYING TRIBUTE TO REE WENGERT

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. PORTER. Mr. Speaker, I rise today to honor Ree Wengert, a 
prominent Las Vegas singer and activist, who passed away on Sunday, 
July 2, 2006, at the age of 78.
  Ree was born on December 14, 1927 in Charleston, WV, and was the 
youngest of an amazing 12 children. Ree chose to complete her 
undergraduate studies at Marymount College in Tarrytown, NY. She was 
soon awarded a full scholarship to the Julliard School of Music.
  In 1952, Ree moved to Las Vegas, NV, and joined the Las Vegas Service 
League, which is now known as the Junior League of Las Vegas. She also 
began performing charity work for the Catholic Church. In the 1980s and 
'90s, she donated her services to Southern Nevada in many ways, 
including singing in charity events and advocating for AIDS victims' 
rights. She often visited and spoke with the most critically ill 
patients in the University Medical Center's AIDS ward.
  Ree was most prominently known as the wonderful wife of Ward Wengert, 
a banker and civic leader in Las Vegas who passed in 1996, and mother 
to Rhetta Storebo, Rene McCown, Ward Jr., and Cyril, who passed in 
1997. She also enjoyed four grandchildren.
  Mr. Speaker, I am honored to recognize Ree Wengert and her amazing 
family for their contributions to the Southern Nevada community. She 
will be dearly missed.

                          ____________________




          TRIBUTE TO THE ANNIVERSARY OF THE BIG THOMPSON FLOOD

                                 ______
                                 

                        HON. MARILYN N. MUSGRAVE

                              of colorado

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mrs. MUSGRAVE. Mr. Speaker, I rise to commemorate the 30th 
anniversary of Colorado's Big Thompson Flood.
  On July 31, 1976, residents and visitors in the Big Thompson Canyon 
suffered the unspeakable horror of one of the worst natural disasters 
in Colorado history.
  I will never forget when the news started to break and the tragedy 
started to unfold.
  In just a few hours, more than a foot of rain fell in the area 
surrounding the Big Thompson River, causing a wall of water over 20 
feet tall

[[Page 15179]]

to sweep through the canyon. In its wake, the flood claimed the lives 
of 144 people and left many others homeless. In all, over 400 homes and 
dozens of businesses were destroyed.
  As we pause to commemorate the tragic events of 30 years ago, we 
remember the many lives that were taken from us by the waters of the 
Big Thompson and offer our thoughts and prayers for those they left 
behind.
  It is often said that the worst of circumstances bring forth the best 
in people. In the hours and weeks following the disaster, the community 
surrounding Big Thompson Canyon displayed unparalleled graciousness and 
compassion. From the heroic rescuers who plucked survivors from the 
craggy canyon walls, to the countless others who gave their time, 
talents and resources, we saw the best of the American spirit in the 
wake of disaster.
  Mr. Speaker, today Big Thompson Canyon and, more significantly, the 
lives of those touched by the flood still bear the scars from that 
terrible July night. As we mark the 30th anniversary of one of the 
worst natural disasters in Colorado history, I urge my colleagues to 
join me in remembering those who lost their lives and the countless 
others whose lives have been forever changed by the Big Thompson Flood.

                          ____________________




                 TRIBUTE TO COLONEL JAMES ELI CROWTHER

                                 ______
                                 

                           HON. BILL SHUSTER

                            of pennsylvania

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. SHUSTER. Mr. Speaker, I rise today to honor Colonel James Eli 
Crowther, a distinguished officer who served his country and his home 
state of Pennsylvania throughout his life. As a native of Tyrone, the 
Colonel was the third Burgess (Mayor) of Tyrone and was serving in that 
capacity as the American Civil War began.
  Colonel Crowther served the Pennsylvania militia in the mid 1800's, 
where he was commissioned as a First Lieutenant in the Washington 
Infantry in early August of 1842. From there he was again commissioned 
as a First Lieutenant for the Tyrone Artillery in early July of 1858. 
Less than one year later he began service as the Caption of the Tyrone 
Cavalry. His command of that Cavalry was influential during the first 
90 days of service at the beginning of the American Civil War. The 
Cavalry then became Company D of the 14th Pennsylvania Infantry.
  Crowther volunteered as an Officer through the Civil War, 
commissioned as Lieutenant Colonel in 1861 and then Colonel in March of 
1863. It was less than 2 months later that Colonel James E. Crowther 
was killed in action at Chancellorsville on May 3, 1863.
  His service to his country was noble, and his rank was earned through 
hard work and dedication to American principles and values. The 
leadership that Colonel Crowther displayed throughout his service and 
lifetime is to be remembered and respected as our country continues to 
move forward honoring those values.
  In his memory, the Colonel Crowther Foundation was established. This 
organization's intent is to protect, teach and re-live the rich and 
storied history of Pennsylvania and continue to honor the distinguished 
Colonel. As can be found in their mission statement, the Foundation 
strives to `create a living heritage environment where preservation is 
enhanced by demonstration and education.' It is only through our 
history that we are able to create a future.
  As a tribute to this man's great accomplishments the Tyrone Borough 
Council has declared Saturday August 6th, 2006 to be Colonel Crowther 
Day. Crowther's military service to the state of Pennsylvania and our 
country will not be forgotten.

                          ____________________




                     PAYING TRIBUTE TO CRAIG HARRIS

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. PORTER. Mr. Speaker, I rise today to honor Craig Harris for his 
outstanding efforts as a taxicab driver safety advocate. Craig passed 
away on Wednesday, June 21, 2006 at the age of 56.
  Craig had been a Las Vegas resident for 28 years and a taxi driver 
for Yellow-Checker-Star Transportation since 1979. Having been 
assaulted and robbed twice by passengers, Craig fully understood the 
dangers of driving a taxi. A long-time advocate of taxi driver safety, 
Craig was one of the first to test still cameras in taxis as a 
deterrent against attacks on drivers. According to his long-time boss 
and Yellow-Checker-Star's director of operations, Bill Shranko, Craig's 
work led to camera installation in each of the company's cabs. Since 
then, Shranko says there has been at least a sixty percent decrease in 
attacks on drivers. Craig's hard work and advocacy has produced 
impressive results for driver safety.
  In addition to driving a cab forty hours a week and his efforts to 
promote driver safety, Craig also found time to represent local drivers 
as a steward for the Industrial Technical Professional Employees Union, 
helping fired drivers to regain their jobs and making sure that drivers 
have access to important benefits, including health insurance. He led a 
campaign to raise thousands of dollars to aid the family of a colleague 
who was killed while on duty as a cab driver, and always offered to 
help colleagues and their families when in need.
  Born in Los Angeles on October 14, 1949, Craig graduated from Shasta 
College in Northern California. He worked on newspapers in California 
and Oklahoma before moving to Las Vegas in 1978 and beginning work on 
the Trip Sheet magazine for cab drivers in the 1980s. He served as 
managing editor of the magazine and often wrote articles dealing with 
driver safety and furthering the fair treatment of drivers. His work 
helped turn the six-page newspaper of the '80s into the 48-page 
magazine of today, which reaches over 7,000 monthly readers.
  Mr. Speaker, I am proud to honor Craig Harris for his outstanding 
service and representation of the taxi drivers of Las Vegas. His 
tireless efforts to help drivers and their families and his hard work 
as a driver, journalist, and advocate have greatly contributed to the 
safety of the profession, and he will be greatly missed.

                          ____________________




                         TRIBUTE TO ELLIS PARK

                                 ______
                                 

                           HON. ED WHITFIELD

                              of kentucky

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. WHITFIELD. Mr. Speaker, I rise to bring to the attention of the 
House an historical day for Thoroughbred Horse Racing in western 
Kentucky--the reopening of Ellis Park.
  Since opening its gates for the first time in October of 1922, Ellis 
Park has been a significant part of Kentucky and Indiana's equine 
history. During those years the one and one eighth mile long track has 
provided horsemen and trainers a venue to showcase the sport they love.
  Today, Ellis Park re-opens after suffering a devastating tornado on 
November 6th, 2005, that claimed the lives of 25 individuals in the 
surrounding community of Evansville, Indiana, and that delivered a 
direct hit to the Ellis Park race track damaging several buildings and 
killing some of the Thoroughbred Horses stabled at the track.
  Today is one of triumph over tragedy as those who suffered so much 
move forward and continue to rebuild their community.
  Mr. Speaker, the re-opening of historic Ellis Park under the new 
ownership of Kentucky Businessman Ron Geary promises a bright future 
for Thoroughbred Racing in western Kentucky and the tri-state region. 
Mr. Geary has committed to continue and build upon an 85 year history 
that has made Ellis Park a popular setting for friends and family to 
come together and enjoy the atmosphere created by the sight and sound 
of thoroughbreds thundering towards the finish line.

                          ____________________




                    PAYING TRIBUTE TO SANDY HEVERLY

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. PORTER. Mr. Speaker, I rise today to honor my good friend Sandy 
Heverly for her dedication to victims of DUI accidents and their 
families.
  Sandy became impassioned with the anti-DUI movement after she, her 
husband, children and mother were all injured as a result of an 
accident caused by a drunk driver. Following this incident, Sandy 
decided to try to help DUI victims and create awareness about the 
severity of DUI crimes. Since then, Sandy has been a driving force in 
the anti-DUI movement in Nevada, and has helped enhance awareness 
nationwide.
  Through her positions as Executive Director and Co-Founder of STOP 
DUI, Executive Director of Nevada Mothers Against Drunk Driving (MADD), 
and Nevada Students Against

[[Page 15180]]

Destructive Decisions (SADD) State Coordinator, Sandy has spread the 
message about drunk driving throughout Nevada and the Nation. She has 
increased awareness by making over 1,000 anti-DUI presentations to 
students, civic organizations, and the gaming and liquor industries, 
and through various media movements, including the eight-year ``Red 
Ribbon Campaign.'' With STOP DUI, Sandy established a Victim's 
Assistance Program to provide immediate financial assistance to DUI 
victims and their families, the only program of its kind in the Nation. 
She has also helped the bipartisan Congressional Stop DUI Caucus shed 
new light on the epidemic of drunk driving in America.
  On July 19, 2006, Sandy's efforts to end drunk driving will be 
recognized as she is sworn in to the President's Advisory Commission 
for Drug-Free Communities. Her extensive knowledge and experience in 
bringing awareness to the anti-DUI cause will undoubtedly make Sandy an 
asset to the Commission.
  Mr. Speaker, I am proud to honor Sandy Heverly for her dedication and 
advocacy against drunk driving. As the co-chair of the Congressional 
Stop DUI Caucus, and father to a daughter injured by a drunk driver, 
ridding our nation's roads of these dangerous drivers is a cause that 
is very important to me. I congratulate Sandy for her appointment to 
the President's Advisory Commission for Drug-Free Communities, and I 
wish her the best in her future endeavors.

                          ____________________




                       TRIBUTE TO KATHIE SIMPKINS

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mrs. EMERSON. Mr. Speaker, I rise today to honor the life and 
contributions of Kathie Simpkins from East Prairie, Missouri, who 
passed away on July 16, 2006. Kathie was a standout individual, a 
dedicated public servant, and a true friend. As the City Administrator 
for East Prairie, Kathie brought innovative ideas and unbridled 
enthusiasm to her job.
  Kathie's sense of community is strong and deep-rooted, which has made 
her a successful individual in East Prairie. She was even recognized as 
East Prairie Woman of the Year in 2005. Kathie demonstrated the kind of 
pragmatic, problem-solving ability that is rare anywhere in the Nation 
and a real blessing to us in Southern Missouri. As City Administrator, 
Kathie was responsible for securing and administering more than $12 
million in state and federal grants.
  Spending her life living in her hometown, Kathie was Southern 
Missouri through-and-through. She was a 1973 graduate of East Prairie 
High School and a 1978 graduate of Southeast Missouri State University 
in Cape Girardeau, where she majored in business administration and 
marketing management. Kathie was a fixture at professional and other 
local organizations' meetings. She was always in search of another way 
to serve her neighbor.
  Kathie Simpkins' family and friends have lost a dear part of their 
life, but the entire region has lost a tremendous advocate for Southern 
Missouri. It will take the hard work of many individuals to fill the 
void Kathie has left in our community. We are fortunate to have known 
Kathie and been inspired by her. She leaves a legacy of good management 
and great investment in the people of East Prairie.
  I feel very fortunate to have known Kathie, and I want to ensure that 
she is remembered for her wealth of good works. She is a true model of 
civic pride and community service. Kathie Simpkins has made an 
immeasurable contribution to our district, our state, and our Nation. 
Thank you, Kathie, and God bless you.

                          ____________________




                         SETON HALL UNIVERSITY

                                 ______
                                 

                        HON. BILL PASCRELL, JR.

                             of new jersey

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. PASCRELL. Mr. Speaker, I wanted to take a moment to welcome the 
entire Seton Hall community here to Capitol Hill for their annual `Hall 
on the Hill' Reception. Let me thank Monsignor Sheeran for his 
leadership at Seton Hall, as well as his profound words given at 
invocation on the House floor this morning. Let me also congratulate my 
good friend Phil Thigpen for the honor he is receiving this evening. 
Phil has always been active in the community and clearly he has done 
his alma mater proud.
  As Seton Hall University celebrates 150 years of service to our 
educational community, it is appropriate to take a moment to 
acknowledge what a remarkable achievement it is. Founded in 1856, Seton 
Hall University predates even the Civil War.
  Throughout the years, Seton Hall University has educated our Nation's 
youth, providing them with the tools necessary to succeed in the ever-
changing world. One of Seton Hall's greatest aspects is its 
versatility. With programs in business, law, medicine, and the 
humanities, students are free to explore all areas of academia. The 
John C. Whitehead School of Diplomacy and International Relations is 
world-renowned for its fantastic professors and unique alliance with 
the United Nations Association of the United States of America. Ranked 
in the top 125 national universities by US News and World Report, Seton 
Hall is truly a premier academic institution.
  But, it is not just academics which makes Seton Hall University such 
a great institution. Being the largest Catholic University in the state 
of New Jersey, Seton Hall has a special focus on its ethical mission, 
teaching students not just how to be great scholars but great people. 
Part of this ethical mission includes tolerance and openness. In fact, 
few schools are so diverse and welcome students of so many different 
backgrounds. Its location in South Orange, New Jersey also allows the 
university to benefit from the diversity of its surroundings and 
proximity to New York City.
  A Seton Hall University experience does not end at the doors of the 
classroom. Many Pirates have gone on to achieve great feats at both the 
collegiate and professional athletics level, including baseball player 
Craig Biggio and ESPN sportscaster, Dick Vitale. Students also have the 
opportunity to take part in over one hundred different extracurricular 
organizations to expand their interests and talents.
  Educating our Nation's youth is a service to more than just the 
students who earn degrees. Universities such as Seton Hall provide a 
service to our entire community by training future generations of our 
Nation's leaders. It is an honor to celebrate this 150th anniversary of 
Seton Hall University and I hope that it will continue to educate our 
students for at least another 150 years.

                          ____________________




      RECOGNIZING SETON HALL UNIVERSITY ON THEIR 150TH ANNIVERSARY

                                 ______
                                 

                           HON. SCOTT GARRETT

                             of new jersey

                    in the house of representatives

                        Wednesday, July 19, 2006

  Mr. GARRETT of New Jersey. Mr. Speaker, I rise today to recognize 
Seton Hall University on the occasion of their 150th anniversary. The 
University is located in South Orange, New Jersey and is a community of 
1,500 employees, 10,000 students, and 70,000 distinguished alumni. From 
the university's humble beginnings as a small local diocesan college, 
Seton Hall has grown into New Jersey's largest Catholic university. 
Founding Reverend, Bishop James Roosevelt Bayley, had not only a 
patriotic attachment but also a personal one to the school's namesake: 
Mother Elizabeth Ann Seton, the first American-born saint and his aunt. 
Using her devotion to values-based education as a guide, Seton Hall 
embarked on their noble mission to educate young minds in New Jersey.
  The university has remained a steady ground for its faculty and 
students, even through catastrophes like fire and war, always 
remembering their motto, ``No Matter What the Hazard, Yet Forward.'' 
This resilient spirit has seen Seton Hall through these historic 150 
years and will surely carry them into a bright future. Seton Hall is 
recognized as a leader in educational technology and will continue to 
attract the best and the brightest to their campus.
  As reflected in their mission, Seton Hall students are not only 
prepared with a well-rounded education but also a unique focus on 
service that prepares them to become citizen leaders in their 
professional and community lives.
  I congratulate Seton Hall University on their 150th anniversary and 
encourage them to remain vigilant on their mission to mold intelligent 
and ethical scholars.
    

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily

[[Page 15181]]

Digest--designated by the Rules Committee--of the time, place, and 
purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Thursday, July 20, 2006 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                                JULY 21
     10 a.m.
       Foreign Relations
         To hold hearings to examine Extradition Treaty Between 
           the United States of America and the United Kingdom of 
           Great Britain and Northern Ireland, and related 
           exchanges of letters, signed at Washington on March 31, 
           2003 (Treaty Doc. 108-23).
                                                            SD-419

                                JULY 25
     9:30 a.m.
       Armed Services
       Airland Subcommittee
         To hold hearings to examine the F-22A multiyear 
           procurement proposal in review of the Defense 
           Authorization Request for fiscal year 2007.
                                                            SR-222
       Judiciary
         To hold hearings to examine the authority to prosecute 
           terrorists under the war crime provisions of Title 18.
                                                            SD-226
     10 a.m.
       Commerce, Science, and Transportation
       Aviation Subcommittee
         To hold an oversight hearing to examine the Joint 
           Planning and Development Office.
                                                            SR-253
       Banking, Housing, and Urban Affairs
         To hold hearings to examine regulation of hedge funds.
                                                            SD-538
       Homeland Security and Governmental Affairs
       Oversight of Government Management, the Federal Workforce, 
           and the District of Columbia Subcommittee
         To hold hearings to examine the Department of Defense 
           Supply Chain Management Plan, focusing on the extent to 
           which the supply chain management improvement plan is 
           integrated with other Department of Defense logistics 
           strategies, concepts, and plans, and if the Department 
           has identified valid performance metrics and data to 
           use in monitoring initiatives and measuring progress.
                                                            SD-342
       Intelligence
         To hold a closed hearing regarding intelligence matters.
                                                            SH-219
     2:30 p.m.
       Finance
       Health Care Subcommittee
         To hold hearings to examine a decade of covering children 
           relating to State Children's Health Insurance Program.
                                                            SD-215

                                JULY 26
     9:30 a.m.
       Agriculture, Nutrition, and Forestry
         To hold hearings to examine the nominations of Michael V. 
           Dunn, of Iowa, to be a Commissioner of the Commodity 
           Futures Trading Commission, Nancy Montanez-Johner, of 
           Nebraska, to be Under Secretary of Agriculture for 
           Food, Nutrition, and Consumer Services, and to be a 
           Member of the Board of Directors of the Commodity 
           Credit Corporation, Margo M. McKay, of Virginia, to be 
           an Assistant Secretary of Agriculture, and Bruce I. 
           Knight, of South Dakota, to be Under Secretary of 
           Agriculture for Marketing and Regulatory Programs, and 
           to be a Member of the Board of Directors of the 
           Commodity Credit Corporation.
                                                           SR-328A
       Judiciary
         To hold hearings to examine the current and future status 
           of the Foreign Intelligence Surveillance Act which 
           prescribes procedures for requesting judicial 
           authorization for electronic surveillance and physical 
           search of persons engaged in espionage or international 
           terrorism against the United States on behalf of a 
           foreign power.
                                                            SD-226
     10 a.m.
       Energy and Natural Resources
         Business meeting to consider the nominations of John Ray 
           Correll, of Indiana, to be Director of the Office of 
           Surface Mining Reclamation and Enforcement, and Mark 
           Myers, of Alaska, to be Director of the United States 
           Geological Survey, both of the Department of the 
           Interior, and Drue Pearce, of Alaska, to be Federal 
           Coordinator for Alaska Natural Gas Transportation 
           Projects, Federal Energy Regulatory Commission.
                                                            SD-366
       Intelligence
         To hold a closed meeting regarding intelligence matters.
                                                            SH-219
     11 a.m.
       Commerce, Science, and Transportation
         To hold a hearing to examine pending nominations.
                                                            SR-253

                                JULY 27
     10 a.m.
       Agriculture, Nutrition, and Forestry
       Forestry, Conservation, and Rural Revitalization 
           Subcommittee
         To hold an oversight hearing to examine the Department of 
           Agriculture's use of technical service providers.
                                                           SR-328A
       Small Business and Entrepreneurship
         Business meeting to markup an original bill to 
           reauthorize the Small Business Administration.
                                                           SR-428A
       Veterans' Affairs
         To hold hearings to examine the nominations of Patrick W. 
           Dunne, of New York, to be Assistant Secretary of 
           Veterans Affairs for Policy and Planning, and Thomas E. 
           Harvey, of New York, to be Assistant Secretary of 
           Veterans Affairs for Congressional Affairs.
                                                            SR-418
     2:30 p.m.
       Energy and Natural Resources
       Water and Power Subcommittee
         To hold hearings to examine S. 3638, to encourage the 
           Secretary of the Interior to participate in projects to 
           plan, design, and construct water supply projects and 
           to amend the Reclamation Wastewater and Groundwater 
           Study and Facilities Act to encourage the design, 
           planning, and construction of projects to treat 
           impaired surface water, reclaim and reuse impaired 
           groundwater, and provide brine disposal in the State of 
           California, S. 3639, to amend the Reclamation 
           Wastewater and Groundwater Study and Facilities Act to 
           provide standards and procedures for the review of 
           water reclamation and reuse projects, H.R. 177, to 
           amend the Reclamation Wastewater and Groundwater Study 
           and Facilities Act to authorize the Secretary of the 
           Interior to participate in the Prado Basin Natural 
           Treatment System Project, to authorize the Secretary to 
           carry out a program to assist agencies in projects to 
           construct regional brine lines in California, to 
           authorize the Secretary to participate in the Lower 
           Chino Dairy Area desalination demonstration and 
           reclamation project, H.R. 2341, to amend the 
           Reclamation Wastewater and Groundwater Study and 
           FAcilities Act to authorize the Secretary of the 
           Interior to participate in the design, planning, and 
           construction of a project to reclaim and reuse 
           wastewater within and outside of the service area of 
           the City of Austim Water and Wastewater Utility, Texas, 
           and H.R. 3418, to amend the Reclamation Wastewater and 
           Groundwater Study and Facilities Act to authorize the 
           Secretary of the Interior to participate in the Central 
           Texas Water Recycling and Reuse Project.
                                                            SD-366
       Intelligence
         To receive a closed briefing regarding intelligence 
           matters.
                                                            SH-219

                                AUGUST 2
     9 a.m.
       Agriculture, Nutrition, and Forestry
       Forestry, Conservation, and Rural Revitalization 
           Subcommittee
         To hold hearings to examine H.R. 4200, to improve the 
           ability of the Secretary of Agriculture and the 
           Secretary of the Interior to promptly implement 
           recovery treatments in response to catastrophic events 
           affecting Federal lands under their jurisdiction, 
           including the removal of dead and damaged trees and the 
           implementation of reforestation treatments, to support 
           the recovery of non-Federal lands damaged by 
           catastrophic events, to revitalize Forest Service 
           experimental forests.
                                                           SR-328A