National Fish Hatchery System Volunteer Act of 2006

Mr. Speaker, I rise in strong opposition to H.R. 5825, the Electronic Surveillance Modernization Act. Since the President's illegal domestic wiretapping program became public, I have called for greater oversight and Congressional involvement to ensure that we can provide our intelligence agencies with the tools needed to fight terrorism while protecting essential civil liberties of Americans. The bill before us today does not meet those standards.

As a member of the House Armed Services and Homeland Security Committees, I am fully aware of the dangers posed by those who wish to harm Americans, and I have strongly supported efforts to make our nation safer. However, the Bush Administration has not explained to my satisfaction why powers available under existing law cannot meet the needs of the war on terrorism. For example, the Foreign Intelligence Surveillance Act (FISA) already permits the warrantless surveillance of communications under certain limited circumstances. Nevertheless, the Bush Administration did not use those emergency powers and instead chose to expand the authority of the National Security Agency (NSA). The President's decision to expand domestic surveillance, while notifying only a handful of legislators, does not constitute Congressional consent and is a danger to our established Constitutional system of checks and balances.

I would have been receptive to modifications to FISA that preserved the vital oversight through the creation of the FISA court system. I am a cosponsor of H.R. 5381, the Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA (LISTEN) Act, introduced by the ranking Democrat on the Intelligence Committee, the gentlewoman from California, Mrs. Harman. This legislation would mandate that all monitoring of calls, email records and phone records be carried out in accordance with FISA and further asserts that the 2002 authorization for the NSA domestic surveillance program outside of FISA was not within the Bush Administration's authority.

Instead, this legislation gives the President broad authority to continue his domestic surveillance program without approval from the FISA court. It uses judicial and Congressional notification as a substitute for legitimate oversight, and it establishes such broad justifications for surveillance that the Administration will have almost unlimited ability to continue its past practices with little to no changes. Disturbingly, it also removes an important protection of current law that requires the government to certify that its warrantless surveillance of foreign agents would not intercept the communications of U.S. citizens.

Once again, the President has sought to expand his own authority at the expense of Americans' civil liberties, and Congress has willingly abdicated its oversight authority. I urge my colleagues to vote against this measure so that we can find a better way to crack down on terrorist who would do us harm while safeguarding the rights of Americans.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5381) to establish a volunteer program and promote community partnerships for the benefit of national fish hatcheries and fisheries program offices, as amended.

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 bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I am pleased to present H.R. 5381 introduced by a distinguished colleague, Jim Saxton of New Jersey, to enhance the existing volunteer program within the National Fish Hatchery System.

The National Fish Hatchery System Volunteer Act is modeled after the highly successful Refuge Volunteer Act. This legislation will allow the national fish hatcheries to replicate the success of the refuge volunteer program. In 1982, about 4,000 volunteers worked at one or more of our refuges. Today, that figure is 37,000 and growing each year.

Based on testimony, we know that there are 18 Friends of the Hatchery organizations out of the 150 eligible facilities throughout the system. While the National Fish Hatchery System has an existing volunteer policy, its limited statutory authority is inadequate. At the same time, the need for volunteers is critical because the vast majority of our hatcheries are more than 50 years old, they require constant attention and maintenance, and

the number of full-time hatchery employees has declined by more than 12 percent over the past decade.

There is no question that during these difficult budgetary times the National Fish Hatchery System could utilize the talents, experience, and expertise of thousands of volunteers.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I have no additional requests for time, and I yield back the balance of my time.

Mr. Speaker, H.R. 5381--The National Fish Hatchery System Volunteer Act of 2006 will enhance a volunteer program and promote community partnerships for the benefit of our Fish and Wildlife Service (FWS) fish hatcheries and fisheries program offices across the nation. H.R. 5381 is modeled on the successful partnership and volunteer laws for the National Wildlife Refuges. I was proud to sponsor the legislation that established the partnership and volunteer laws for the refuges and am equally proud to be the sponsor of the bill under consideration today.

The FWS National Fish Hatchery System consists of more than 60 hatcheries, 7 fish technology centers, 9 fish health centers and other fisheries program offices. The system plays an integral role in the recovery of more than 50 threatened and endangered species and the restoration of more than 100 native species. It helps to provide healthy fish populations that support recreational fishing opportunities, working with over 250 partners to help mitigate the impacts of aquatic habitat loss and invasive species. Currently, the system faces many challenges, including aging facilities and infrastructure.

In 1998 and 2004, Congress passed legislation that enhanced the ability of the National Wildlife Refuge System to use volunteers and work with partner groups. These acts gave authority for the refuge system to: accept gifts and bequests from individuals to specific refuges; carry out volunteer enhancement programs; enter into cooperative agreements with partner organizations; and develop guidance for refuge education programs.

The purpose of this legislation is to provide the National Fisheries Program the same authorities that were given to the National Wildlife Refuge System. I urge my colleagues to support the bill.

Mr. Speaker, I yield myself such time as I may consume.

(Mr. GRIJALVA asked and was given permission to revise and extend his remarks.)

Mr. Speaker, it is always important to provide opportunities for the public to participate in conservation activity, yet in the case of our Federal fish hatcheries, the development of an enthused and motivated cadre of volunteers will help to partially address the chronic operations budget shortfall that severely limits existing visitor service programs.

One shining example of how a volunteer effort can enable a hatchery to become part of the fabric of its surrounding community is found at the White Sulphur Springs Natural Fish Hatchery in West Virginia. This hatchery, which is located in the district of the ranking Democrat member of the Resources Committee, Nick Rahall, has partnered for years with civic organizations such as the Rotary Club, its local friends group to coordinate widely popular recreational events such as annual fishing derbies, the hatchery's Centennial Celebration, and annual Freshwater Folk Festivals.

Clearly, as the volunteer program at White Sulphur Springs Natural Fish Hatchery demonstrates, our natural fish hatcheries could benefit from enhanced opportunities for volunteer participation, and I urge Members to support this legislation which seeks to make that goal a reality.

Mr. Speaker, I yield back the balance of my time.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate en bloc consideration of five bills received from the House: H.R. 5539, H.R. 138, H.R. 479, H.R. 5094, and H.R. 5381.

Mr. President, I ask unanimous consent that the bills be read the third time and passed, a motion to reconsider be laid upon the table, and any statements relating to the bills be printed in the Record, all en bloc.