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…
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?
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 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.
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.
I ask unanimous consent that reading of the amendment be dispensed with.
Mr. President, I call up a modified version of the amendment which is at the desk.
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 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 ``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.