Relative to the President's strategy in Iraq.

WATER RESOURCES DEVELOPMENT ACT--Continued

Warner Amendment No. 1134

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

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

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

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

[[Page S6119]]

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

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

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

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

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

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

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

That is General Petraeus--

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S6120]]

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

The amendment is as follows:

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

TITLE--PRESIDENT'S STRATEGY IN IRAQ

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

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

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

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

SEC. 3. LIMITATIONS ON AVAILABILITY OF FUNDS

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

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

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

[[Page S6121]]

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

SEC. 5. INDEPENDENT ASSESSMENTS.

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

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

Cloture Motion

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

Cloture Motion

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

Cloture Motion

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

Cloture Motion

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

Amendment No. 1135

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

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

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

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

At the appropriate place, insert the following:

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

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

[[Page S6122]]

Cloture Motion

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

Cloture Motion

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

Cloture Motion

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

Cloture Motion

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

Sections 2006, 2007, and 2008

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

[[Page S6123]]

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

middle creek project

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

[[Page S6124]]

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